Loading...
HomeMy WebLinkAboutOrdinance 2370 �+ 1 -a ORDINANCE NO. 7 ORDINANCE DETERMINING THAT IT IS NOT PRACTICABLE TO PROCEED WITH IMPROVEMENTS ON PORTIONS OF NORTH COERCE STREET, NORTH HOUSTON STREET AND NORTHWEST TRINITY AVENUE IN THE CITY OF FORT WORTH, TEXAS, IN ACCORDANCE WITH PROCEEDINGS AND CONTRACT THEREFOR; DETERMINING THE NECESSITY FOR CHANGING PLANS, METHODS AND CONTRACT FOR SUCH IMPROVEMENTS; REPEALING, ANNULLING AND RESCINDING ORDINANCE LEVYING ASSESSMENTS, IN SO FAR AND ONLY IN SO FAR AS IT RELATES TO AND LEVIED ASSESSMENTS FOR IMPROVEMENTS ON SAID PORTIONS OF STREETS AND AVENUE; APPROVING AND ADOPTING AMENDED PLANS AND SPECIFICATIONS FOR IMPROVEMENTS IN AREAS BETWEEN RAILS, TRACKS, DOUBLE TRACKS, TURN-OUTS AND SWITCHES AND FOR TWO FEET SIX INCHES ON EACH SIDE THEREOF OF RAILWAYS CROSSING OR UPON SAID PORTIONS OF STREETS AND AVENUE; AUTHORIZING AND DIRECTING THE 4AYOR AND CITY SECRETARY TO EXECUTE IN THE NAME OF THE CITY SUPPLEMENTAL CONTRACT EXECUTED BY AUSTIN ROAD COMPANY, CONTRACTOR, EMBODYING SAID CHANGES IN PLANS AND METHODS, WHICH IS ON FILE WITH THE CITY; AND INSTRUCTING AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE AMENDED ESTIMATES FOR IMPROVEMENTS ON SAID PORTIONS OF STREETS AND AVENUE IN ACCORDANCE WITH THE LAW UNDER WHICH SUCH PROCEEDINGS ARE TAKEN AND HAD. WHEREAS, by ordinance passed and approved on the 30th day of , . , 1946, being Ordinance No. 2288 , the City Council etermined the necessity for and ordered and provided for the improvement of, among others, the following described portions of streets and avenue in the City of Fort Worth, to wit: NORTH COMMERCE STREET, from the southerly line of Northeast Fourth Street to the southerly line of Northeast Eleventh Street, known and designated as Unit No. 2; NORTH HOUSTON STREET, from the southerly line of Northwest Fourth Street to the southerly line of Northwest Trinity Avenue, known and designated as Unit No. 3; NORTHWEST TRINITY AVENUE, from the westerly line of North Houston Street to the westerly line of North Main Street, known and designated as Unit No. 11; and, WHEREAS, plans and specifications for such improvements on, among others, such portions of streets and avenue were subsequently approved and adopted and notice to bidders was given as required by the City Charter; and, WHEREAS, thereafter it was found and determined that Austin Road Company was the lowest and best bidder for the -making and constructing of said improvements on, among others, said portions of streets and avenue and contract was made and entered into with said Austin Road Company for the making and construction of improvements on, among others, said portions of streets and avenue, such contract being dated the 22nd day of a _, 19/46; and, WHEREAS,jestimates were thereafter prepared by the City Engineer on, .,goong others, said portions of streets and avenue and notice given to owners of abutting property and others - 1 - r interested, as required by law and the charter and hearing was held; and, WHEREAS, on the 7th day of August , 1946, by ordinance passed and approved on said date, being Ordinance No. , the City Council levied assessments against the abutting properties on said portions of streets and avenue and the owners thereof and against railways crossing or upon said portions of streets and avenue for improvements between rails, tracks, double tracks, turn-outs and switches and two feet on each side thereof; and, WHEREAS, it has been found to be impracticable to proceed with the improvements on said portions of streets and avenue as provided in said contract and it has been found and determined that plans, methods and contract for such improve- ments on said portions of streets and avenue should be changed and amended and supplemental cohtract relating to such portions of streets and avenue entered into; and', WHEREAS, Austin Road Company has agreed to such changes in plans, methods and contract in so far and only in so far as they relate to said portions of streets and avenue; and, WHEREAS, said ordinance levying assessments in so far and only in so far as it relates to such portions of streets and avenue should be repealed, cancelled and annulled; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. That it is hereby found and determined that it is not practicable to proceed with improvements on the following described portions of streets and avenue in the City of Fort Worth, to wit: NORTH COWIERCE STREET, from the southerly line of Northeast Fourth Street to the southerly line of Northeast Eleventh Street, known and designated as Unit No. 2; NORTH HOUSTON STREET, from the southerly line of Northwest Fourth Street to the southerly line of Northwest Trinity Avenue, known and designated as Unit No. 3; NORTHWEST TRINITY AVENUE, from the westerly line of North Houston Street to the westerly line of North Main Street, known and designated as Unit No. 11; as provided to be made and constructed in contract by and between the City of Fort Worth, Texas and Austin Road Company, dated the 22nd day of May , 1946. II. That ordinance levying assessments for improvements on, among others, said portions of streets and avenue, which was passed and approved by the City Council on the 7th day of Knemst , 1946, being Ordinance No. , is hereby repealed, annulled and rescinded in so far and only in so far as it relates to and levied assessments for improvements on said portions of streets and avenue. That said ordinance is hereby ratified, confirmed and declared to be in full force 4nd effect, except in so far as it relates to said portions of streets and avenue hereinabove described. - 2 - a r • 'i r ti III. That it is hereby found and determined that it is necessary to change plans, methods an dontTa .,for improve- ments in areas between rails, tracks, .�urn-o'�Ls and switches and for two feet six inches on each side thereof of railways crossing or upon each of said above described portions of streets and avenue. That amended plans and specifications for such improvements in such areas have been prepared by the City Engineer and they have been examined and are hereby approved and adopted. IV. That Austin Road Company has agreed to such changes in iplans and methods of improvement as set out in such amended plans and specifications and said Company has executed supplemental contract embodying such changes and such supple- mental cohtract has been filed with the City. That such supplemental contract has been examined and approved and the Mayor and City Secretary are hereby authorized and directed to execute such supplemental contract in the name of the City of Fort Worth and to impress the corporate seal thereon. V. That the City Engineer is hereby instructed and directed to prepare and file amended estimates on such portions of streets and avenue hereinabove described in accordance with the proceedings heretofore taken and had relating to such improvements and in accordance with said original contract as amended by such supplemental contract and in accordance with the law under which these proceedings are being taken and had. — 3 — ORDINANCE No. Tit le 9 r PA Filed _ day of 19_ p.� City Secretary P. O. No. 6443-P