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HomeMy WebLinkAboutOrdinance 4871 y ORDINANCE AN ORDINANCE DZETMU11NING THE NEC:,;SITY FOR AND ORD'2ING OFFICIAL RECORD AND PROVIDING FOR THE IMPROVE21—ENT of A PORTION of . CITY SECRETARY East Berry strop+ Eirtancinn A 1D PORTIONS OF SU?,MRY OTH�i STFEET3, AVSTIU is Ai11D PUBLIC FT WORTH,TEX. PLACE IN THE CIT'! OF FORT !ORTH, TEXA3: LETTING CONTRAO TO TEXAS BITU ITHIC COMPANY FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEIvENTS AND AUTHORIZ- ING ITS EXECUTION; MAKING APPR•OPRIATION3 FOR THE, PURPOSE OF PAYING EiE INDEBTEDNESS TH72EBY INCURrRTM; i+TAKING PROVI- SIONS FOR THE LEVYING OF ASS:E3321 31TS AGAI1W ABUTTING Pi?OP-ERTIES AND THE, 0:11`ZR3 T14MMF F03 A PART OF THE CO3T OF SUCH IMPROVENENTS AND THE ISSUANCE OF A333IGNABLE C LATIF1- CATER IN EVID&4CE OF SUCH AS3rEMS� NT3; DIRECTING THE PUBLIC ':ORK3 DIRME TOR OF THE CITY TO PREPARE ESTIMATES;. DIRECTING THE CIT'! 3ECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE .TITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT PHIS ORDINANCE, AND ALL SUBSEQUENT PROCEr'�DIi1GS REUTING 11-0 SAID STREET INi1PROVEM&NT ARE AMID SHALL BE PC.TR3UANT TO THE ACT OF THE FIRST CALLED SE33ION OF THE FORTIETH LEGIS- LATURE OF THE STATE OF TEXA3, CHAPTER 106, C0124ONLY KNOdN AS ARTICLE 1105b OF.VEdNOW3 TEXAS CIVIL STATUTES, AND DIRECTING THE CITY 3ECR11,'TARI TO �]NG.ROS3 AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF 'W-0- 1N THE IMINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIV:s' DATE. 4HEREAS, the Public ''orks Director for the City of Fort :forth, Texas,. has prepared Plans and Specifications for the improvements of the hereinafter described portions of streets, avenues and public places in the City of Fort -4,orth, Texas, and same having been examined by the City Council of the City of Fort '.orth, Texas, and found to be in all matters and things proper, NUJ THEAETORE: BE IT ORDAINED BY THE CITY COUNCIL OF-THE CITY OF FORT :iORTH, TEXAS, THAT: I� The hereinafter described Plans and Specifications are hereby approved and adopted. II. There exists a public necessity for the improvement of the hereinafter described portions of streets, avenues and public places in the' City of Fort `�dorth, Texas, to-wit: 1. East Berry Street Extension: From Candame Court to east loop (Tarrant Rd. and Virgil St.) (IH-820), known and designated as Unit No. 5. 4 Each of the above described portions of streets, avenues and public places in the City of Fort 17orth, Texas, shall be improved by raising, grading and filling same and by constructing thereon the following, to-grit: 1. East Berry Street Extensions From Candage Court to east loop (Tarrant Rd. and Virgil St.) _ (IH-820) known and designated as Unit 95, a 7" reinforced concrete pavement on a 60' roadway. The above, together with combined concrete curbs and putters on proper grade and line where same are not already so constructed, together with storm sewers and drains and other necessary incidentals and appurtenances; all of said improvements to be constructed as and where shown on the Plans and Specifications therefor. IV. The cost of said improvements as herein defined shall be paid for as follows, to—wit: A. The property abutting.on that portion of the Street, avenue or public place and the real and true owners thereof shall pay all of the cost of curbs and gutters in front of their property and not exceeding nine—tenths (9110th3) of the estimated coat of the remainder. of such impro•-ements. 9. The City of Fort -"orth shall pav all of the remainder of the cost of said improvements after deducting the amounts herein specified .to be paid by the abutt— inp, properties and- the real and true owners thereof as set out in subsection A. The amounts parable by the ab.ittinr properties and the real and true owners thereof shall be assessed against such properties and the real and true owners thereof and shall constitute a first and prior lien upon such properties and a personal liabilit-r of the real and true owners thereof, and shall be parable as follozrs, to—wit: ;then the improvements are completed and accepted by the Citv on a particular unit, the s=s assessed against propert-.r abutting upon such completed and accepted unit shall be and become parable in fi-re (5) equal installments, due re3pectivel-r on or before thirty (30) dars, and one (1), two (2), three (3), and four (4) gears from the date of such completion and acceptance, and the assessments against the property abutt— ing upon the remaining units shall be and become due and payable in such installments after the date of completion and acceptance of such respective init. The entire amount assessed against the particular parcels of property shall bear interest from the date of such completion and acceptance of the improvements on the unit upon which the particular property abuts at the rate of six (6,'b) per cent per annum, payable anmially except as to interest on. the first installment, which shall be due and payable on the date said installment matures., provided that any owner shall have the right to pav any and -all of such installment at any time before maturity by pavi-ng principal with interest accrued to the date of payment, and further provided if default be made in the pa•rment of an7r installment promptly as the same matures, then at the option of the City of Fort 'Forth or its assigns, the entire amount of the assessment upon which such default is made shall be and become immediately due and paTrable; but it is specifically provided that no assessment shall in any case be made against any property or any owner thereof in excess of the Special benefits to property in the enhanced val,ie thereof by means of said improvements in the unit upon which the parti— cular property abuts, as ascertained at the hearing provided by the law in force in the City, nor shall any assessment be made in anir case until after notice of hearing as provided by law. said assessments against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of a special assessment which shall be executed in the name of the City of Fort 'Forth, PROVIDED, however, that acting through its duly authorized Director of Public "orks, the ,'it- of ?ort `Forth retaining the right to authorize pa•rment of the suns assessed against abuttin,- property upon such completed and accepted unit in not more than forty—eight equal regular monthl-r installment; of not less than $9.00 each, the first of such installments to become due and parable not more than 30 days after the completion and acceptance b7.1 the City of the particular unit, PROVIDED FU3TFPER, that the City Attorne­- is hereby empowered to authorize pa-nments of said sums in lesser installments and/or over a longer period of time in cases in which the Director of Public ,forks has previously determined that an extreme financial hardship .upon the property owner will otherwise result: and PROVID3D FURTiFER, that such method of pa:-ments shall be authorized only in i�tances where the owner or owners of propertv-abittine upon such completed and accepted u it shall have executed and delivered to the Citv of Fort "orth a lawful, valid and binding note and mechanic's and materialman's contract upon forms supplied by the City f,rantin� a mechanic's lien upon and conveving the said abutting property in trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property. V. b The assessments against the respective lots and parcels cf property and the owners thereof shall be evidenced by certificates of special assessment,, which shall be executed in the name of the Cite b! the Mayor of said City and the City Secretary shall attest the same and impress the corporate seal of the City thereon, and which may have attached thereto coupons in evidence o� the several installments, or in evidence of . any of the installments in which the assessment is payable, which certificates shall be issued to the City of Fort :north, shall recite the terms and time of payment, the amount of the assessment, the description of the property, and the name of the owners, as far as known, and shall contain such other recitals as may be pertinent thereto, and shall further recite substantially that all proceedings with reference to the making of such improvements have been regularly had in compliance with law,.and that all prerequisites to the fixing of the assessment lien against the property described in said certificates and the personal liability of the owners thereof, have been regularly had, done and performed, and such recitals shall be prima facia evidence of the matters so recited, . and no further proof shall be required in any court, and the said certificates shall provide substantially that if default be made in the payment of any installment promptly as the same matures, then, at the option of the City of Fort :forth, or its assigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorney's fees and costs of collection, if incurred, all of which, as well as the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other liens and claims except State, County, School District, and City ad valorem taxes. No error or mistake in naming any owner or in des- cribinq any property or in any other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof, and the omission of improvements on any particular unit or in front of any property exempt by law from the lien of special assess- ment for street improvements shall not invalidate any assessment levied. The certificates referred to need not contain recitals in exactly the words above provided for, but the substance thereof shall suffice, and they may contain other and additional reeitals. perti- nent thereto. VI. Bids having been advertised for as required by Article 1105b of the revised Civil Statutes of Texas, and the bid of Texas Bitulithic Company , . having been found to be the lowest and best bid for the making and construction of said improvements, the contract therefore is hereby awarded to Te as Bitulithic Compaol , at and for the prices stated in the Proposal of said company and as reported and recommen- ded by the Public :forks Department, which said report and recommendation is on file with the City, the City Manager, and City Secretary are hereb-,r directed to execute the said contract in the name of the City of Fort -•North, Texas, and to impress the corporate seal of the City thereon, the said contract embracing, among other things, the prices for the work. VII. To provide for the payment of the indebtedness incurred by the City of Fort 'dorth, Texas, by said contract, there is hereby appropriated out of available funds and current revenues of the City, an amount sufficient to pa7T said indebtedness so incurred. VIII. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessment levied and all proceedings taken and had in accord- ance with and under the terms of the powers and provisions of Chapter 106. of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, now shown as Article 1105b of Vernonts Texas Civil Statutes, which law has been adopted- as an amendment to and made a part of the Charter of the City of Fort Worth, Texas, and under which law these proceedings are taken and had. IX. Each unit above described shall be and constitute a separate and independent unit of improvement and the assessments herein provided for shall be made for the improvements in each unit according to the cost of the improvements in that unit and according to the benefits arising from the improvements in that unit. X. In making assessments, if the name of the owner be unknown, it shall be sufficient to so state the fact, and if any property be owned by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall not be necessary to give the correct name of the owner, but the real and true owners of the property mentioned shall be liable and the assessments against the property shall be valid. XI. The Director of Public Works of the City of Fort Worth, Texas, be and he is hereby, ordered and directed to file with the City Council, estimates of the cost of such improvements in each unit, in accordance with the terms of the powers and provisions of the Charter of the City of Fort Worth, Texas. XLI. The City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice in accordance with the provisions of the Act passed at the Fifth Called Session of the Forty-first Legislature of the State of Texas, and shown as Chapter 21 of the Acts of said Session of the Legislature, said Act having been passed in the year 1930, and now shown as Article 1220a of Vernon's Texas Civil Statutes. XIII. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council and by' filing the complete ordinance in the appropriate Ordinance Records of this City. XIV. This ordinance shall take effect and be in full force and effect from and after the date of its passage. PASSED AND APPROVED THIS DAY OF ,19 APPROVED AS TO FORM AND LEGALITY: City Attorney r i City of .Dort Worth, Texas .mayor and Council Communication DATE REFERENCE SUBJECT: Assessment Paving - Berry Street PAGE NUMBER Extension from Candace Court to 2 3-25-63 C-30 Southeast Liop i of On November 19, 1962 (M&.0 PW-1378), the City Council authorized the receipt of bids for construction of Unit ITC of the East Berry Street Extension from Candace Court to the Southeast Loop, with financing to be arranged when the contract is awarded. On February 26, 1963, the following bids were received: Bidder Amount Working Days Texas Bitulithic Company $ 96,792.40 45 Worth Construction Company 97,267.08 45 Based on the low bid, approximately $23,343.50 will be assessed against the property owners. The cost to the City is estimated to be $94,000, including engineering, miscellaneous expenses, and the cost of the right-of-way not yet acquired. Already available in the allotment for the project is $19,000, and an additional $75,000 is needed to award the construction contract. On January 14, 1963 (M&C PW-1496), -the City Council authorized a temporary trans- fer of $209,000 from :Projec:t No. 94-B3-6, Hulen Street., to Project No. 94-B4-41, University Drive Improvements, for the City°s construction cost of the University Drive Project. However, lower bids than anticipated have been received for the University Drive Project, and it is proposed to return $75,000 to the Hulen Street allotment from the University Drive allotment, and to then transfer this amount to the Berry Street allotment so that the contract can be awarded on Contract III. This contract will make it possible to complete the entire Berry Street Extension project at least six months ahead of the 1962 Capital Improve- ment Program Schedule. The following recommendations are made: 1. That an ordinance be adopted declaring the necessity for and ordering the improvements; making provisions for the levying of assessments; directing the Public Works Department to pre- pare estimates of cost and amounts to be assessed; awarding the contract to Texas Bitulithic [;ogipany, on its low bid of $96,79.4 40 and making appropriations to cover the indebted- ness thereby incurred for improvements of the project named above. 2. That an ordinance be adopted approving the estimates of cost and amounts proposed to be assessed; and setting April 8, 1963, as the date for the Benefit Hearing. F RECORD RETARY N, TEX. DATE REFERENCE SUBJECT: Assessment Paving Berry Street PAGE 3-25-63 NUMBER C-30 Extension from Candace Court to 2 of 2 Southeast Loop 3. That the following bond fund transfers be approved: AMOUNT : , FROM TO FOR $75,000 94-B4-41 94=B3-6, Hulen St. Return of portion of University Dr. temporary transfer $75,000 94-B3-6 94-B3-5, Berry St. Temporary transfer for Hulen St. portion of City's cost $23,343.50 Revolving Fund Revolving Fund Re- For Property Owners por- serve for Project tion of construction cost 94-B3-5 JLB:GA OFFICIAL RLW ►0 CITY SECRETARY FT. WORTH, TEX. SUBMITTED BY: DISPOSITION BY COUNCIL: PROSE PROTS2 BY �J❑/APPROVED p� ,/ ❑ OTHER (DESCRIBE) �A J�V/� �_</<�,�i�.v E�'� ITS r 7�9�e-s-zre y TY SECRETARY �W o,9. A'. 7/y�,�`i�ii./.✓ DATE i1TYMANAGER ,yt D°/a a.., r ;V6