HomeMy WebLinkAboutOrdinance 4741 I I"' FO� AND 0' D!MVG
AN ORDLI.AWC3 I V', "'I'
AND PJ-0VIDINTG FOa OF A PORTION OF
YUCCA
PORTIO'N3 OF OTC :R 17Z. ']Tj' Ae7"3 A7,".) T111,Md"',
PLAC_,_) 11 T':7, C1'r' OF F01 CRTH, TFYUl31 TLFTTPT3 CONTRACT
TO_ J.L. TlEAITRW,L FOR THE
YAKINIG ACID CON6THUCTION I:P' SUCH IMP�ftOW]AIMNTs A'111D AUTiicalz-
ING ITS EXECUTIO'L�1; TIAKINIG APPROPRIATION3 FOR THE PURPOSE
OF PAYING T!*'_: I1,E)E9T_,3N_,.33 IN1CURrC_,'D; 1,�AKINTG PR(-)Vl-
SIONS. FOR THE L0,71N OF A53 '33173 AGAINST kBUT'TiNIG
PLiOPi!2T,L:!'13 AND ThE 0 7_ER3 Ill,:!M)OF FOi A PART OF T;,- COST
OF SUCH IPPROVEENTS A'jij TE OF A331(l,,A")L' CIRTIF-
CAT.Z'S 114 VID VClI OF 311�,""Iri A33_�33'�:"'JJT3; DIREICM"G' Th1.-, PUBLIC
-1) 'E CITY TO PREPARE a TIMATE3: DIRECTING
_�K'3 DIR�,�=R OF 7P.
THE CITY 3ECRETAR',' TO FILE A NM.CE OF ADOPTION OF TEIS
ORDINANG,',, .11TH THE COUNTY CLI�W OF TARRANT COUNTY, '=A3;
DECLARD,'(7 IMAT 'jHl5 O11D1NANC_' AM ALI., 3',IBSF�UTENTT PtZOCEEDING�
RELATING TO SAID 3T1�ET 12vi?ROWI�%LLNT Alt�c, AND 3EALL BE RTi3UANT
4_' a i �r 1� 13
Tfl:-", ACT OF THE FIR3T �ALT,_FD 3E33L(jPJ OF TH�,� FO T _._iG
LA'ATRE OF THE 3TAT'd OF TEXA3, CHAPTER 106, ak -i&'JLY K;'JO ONT A3
ARTICLE 1105b OF Vj] T,T
_ONT3 TF-US CIVIL 3TATUTSS; AiTD DIiECTI%rG
r
TE7 CITY 3EC1ETAR',' TO ENGROSS AND c XROLL TH13 ORDINAECE B'7
COPYING TliE CAPTION OF :3A,,E IN TEL BOOK OF THE CITY
COU-.'tlL AND EY FILING 717, COIKPLETF ORDiNANC?; IN THE APPROPRIATE
ORDINANCE RECOdDS OF Ti'13 C-'-T,.r; AND PROVIDING AM EFFZCTIV-_ !)AT-",.
'i'HEH&S, the Public 'orks Drector for the City of Fort North, 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 forth, Texas, and same
having been examined by the Cit,,r Council of the City of Fort Torth, Texas, and found to be
in all matters and things proper, NO-i
BE IT ORDAINED BY Ti,'-;' CIT71 COUNCIL OF Tl-*,.,' CITY OF FORT .TOM-1, TEXAS,
THAT:
I.
The hereinafter described Plans and Specifications are hereby
approved
and adopted.
There exists a pu'ollc necessity for the improvement of the hereinafter
described portions Of Streets, avenues and public places in the Cit.v of Fort :orth, Texas,
to-wit:
1. Yucca Street: Froi,i t.,akhurst' Scenic Drive to the East
Llne, c;, Lot 12, S,/lvia Place.
Each of the above described portions of streets, avenues and public
places in the City of Fort Borth, Texas, shall be improved by raising, grading and filling
same and by constructing thereon the follo�,ring, to—wit:
1. Yucca Street: From Uakhurst Scenic 'give to the East Line
of Lot 2, Sylvia ,flace, Hot-Mix Asphaltic
Concrete Surface on B" Cement Stabilized
Gravel We :n a 44' Roadway.
The above, together with combined concrete curbs and gutters 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 abuttA7 on that portion of the street, avenue or
public place and the real and true owners thereof shall pa^ all of the cost of curbs and
gutters in front of their property and not exceeding nine-tentrs (9110th,) of tie estimated
cost of the remainder of such 'i:mpro-ements.
9. The Citr of Fort brth shall paw all of the remainder of the cost.
of said improvements rafter deducting the amounts herein specified to be paid by the abutt-
ing properties and the real and true owners thereof as set out in subsection A.
The amounts parable ?v the abnttinr properties and the real and true
owners thereof shall be assessed against such properties and the real and true o mers
thereof and shall constitute a first and prior lien upon such properties and a personal
liabilit7 of the real and true owners thereof, and shall be payable as follows, to-grit:
When the improvements are completed and accepted b7 the 1:7 oz a
particular unit, the sums assessed agaiist property ab:ttin- upon such completed and
accepted unit shall be and become paiuble in fire (5) equal installments, due respectivel-,
on or before thirt7 (30) days, and one (1), two (2), three (1), and four (4) rears 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 respectiT-e :nit. 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 un.t upon which the particular property
abuts at the rate of six (OV) per cant par annum., parable annuall7 except as to interest on
the first installment, which shall be die anl payable on the date said installment matures,
provided that any owner :shall have the right to pay an- and all of such installment at any
time before maturity by paying principal wr_th interest accrued to the date of panvent, and
further provided if default be made in the payment of an- installment promptly as the same
matures, then at the option of the TO of Fort Arth or its assi.qns, the entire amount of
the assessment upon which such default is made shall be and become immediatel7 dire and
pa,mble: 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 especial benefits to property in
the enhanced value thereof 0 means of said improvements in the unit upon which the parti-
colar property abuts, as ascertained at the hearing proni.ded by the lase in force in the
City, nor shall any assessment be made in an- case until after notice of 'searing 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 C07 of Fort Forth, PPOVIDID, however, that acting through its duly
authorized Director of Public Arks, the jit- of °ort Arth retaining the right to authorize
pa-anent of the sums assessed against a,butti_n- property- upon such completed and accepted
unit in not more than fort?-eight equal regular monthl installments of not less than
$9.00 each, the first of such installmeAs to become due and payable not more than 30 days
after the completion and acceptance b- the City of the part5..c,rlar unit, PPOVI=, FUW!!..'a,
that the at7 :lttcrne- is hereby eapowerad to authorize payments of said sum, in lesser
installments andlor over a longer period of time in cases in which the 0•rector of Public
,corks has previousl-v determined that an eAreme financial hardship upon the property owner
All otherwise result: and PROVID O FU3T71, that such method of oa7ments shall be authorized
only in instances where the owner or owners of propert- abutti.np upon such completed and
accepted unit shall have executed and deli-ered to the City of Fort Arth a lawful, -alid
and binding note and mechanic's and r^ateria'ma.n?s contract Ripon forms supplied b7 the Cay
-ranting a mecha_nicts lien upon and con° Bring 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.
The assessment, "rF.r�r, r-t ,C;1 ca,,pective lots and parcels of property
and the owners thereof shall be er.idenc_J by c�rtif.".Cates of . pec,al. assessment, '.,&J_ch `
shall be executed in the name of the Cit-, bv' t i,a,Iror of sa;.d t- and the City Secretary
shall attest the same and impress tfie curpoil to seal of the Cit,r thereon, and *,)tich may
have attached thereto coupons in of ti seveva.l installments, or in evidence of
any of the install-rents in which, to r ;1is 3 Mr ,nt pa-a7ole, which certificates shall be
issued to the City of Fort north, ,Jha..i e ite the terms and t rigs of pa�,nn�nt, the amount,
of the assessment, the description of the prop t-.T, nd Llh,, name of the owners, as far
as knoilrn, and =shall contain such other rsc:tn1> a.r 1,-s pertinC-0t thereto, aad shall
further recite substantiallcr that all is roc^ed.- r r; wl'-th -.farence to the, making of such
improvements have been had -1,:7. .;orrrpli a.nce sn th la,,,, and that all prerequisites
to the fix:i.ng of the assessment lien n airrst the propert�T de.scribed in said certificates
and the personal liability of the o ier th ,:�ce�af, have been rul i�L;.� had, done and
performed, and such recitals shall lre pa i,r.� of thr matter-a so recitr:;t, .
and no further proof shall be ,aqu:a:°ed. in an-r cu:r.rt, ari.d the said certificates shall
provide substantiallv that if default h* made 1--i the pa°intent of ariv installment promptly
as the same r;'.aturas, then, at the option of the City of Fort -'o'rf,.h, or its assiFns, the
entire amount of the assessment shall be and 'become irrumedlat,,Lv die and payable, together
with reasonable attorne- T fees and co�r',s of cai--ectlon, if -'Incurred, all of which, as
well as the principal and intere,,-,t on the s, c cnt, 3 �a..11 be a fir°,,t and prior lien
a7ainst the property, superior to all other `�.ens pan' cla''im3 except State, County, School
District, and Citir ad valorem taxr,rs No error Or mJ stake in nami nm any owner or in des-
cribinq anv property or in any other mntt�,r c. isr.a vans, "hAil :n-,Alidate anv asp, °.33ment
or any certificate issued in evidence ti er°aof', r�.�a,c! tii o-: r,a.on of :improvements on any
particular unit or in front of antr mope t;t e; r;pL t°ay 1,aia from the lien of special a sess-
ment for street ,_mprcvements shall not ,r.sv t ,sc ��nent levied. The certificates
referred to need not contain recitals :i 7 exact ,r the word, above pr°r,v-ded for, but the
substance thereof shall suffice, and t'h .r rrnntairl other and acid?_ti..onal recitals perti-
nent thereto.
''ids hav?_ng been a.d h,_<,^i for ren .t,ed by Article 1105b of the
revised Civi:L Statutes of Te" rr , and the bi:1 of J. L. Cram ,
having been found to be the lowest any: best ?�.' J for the rnnk' -ip and construction of said
improvements, the contract therefore is he:°r>l- W r:rrded, t,r_ „ J. L. Lertram ,
at and for the prices st,al,ted in the Rropc;:-al of corrpan . � id as reported and recommen-
ded by the Public .:orks Jar.;°tr'ne .t, w-- .h <a.nd a ,corrax;endation is on file with
the City, the Cit-,r 14anager, and �,_tv Sec _L. �� r,e, 'P.� r ;'b� <' rected to e,recute the said
contract in the name of the Clty of Fort ort},, Texas, .-,,.d to Impress the corporate seal
of the Citv thereon, the said contract r rac�i r,�, arc,,i7 oth .r.° th-i°:rrrs, the prices for the
work.
To provide for t'hre rt n,...rt"t cif th , I r:lohi ,.,s,.�.n, '-,(warred loin the Cit;r of
Fort ;orth, Texas, by said contract, th,�x,. is h �ob,r sp r:opi _ ..tc? cirt of avail-:rb Le funds
and current revenues of the Citrr, err amount ;�s�_t1 c°"_�-nt 'to a r said ?.°rdebted'ness so incurred.
VIII-I
The improvements provided for ha,eetn shall be made and constructed,
notice given, hearing held and assesementa levied and all 'p-roceedings imaleen ,sand had in accord_„
ante with and under the terrr,;a of the paawer.,w and provis°ior'rs of CIvApter ICA of the Acts of
the Firgt Called Session of the Y Acr^t,i.e'th i ead:°ra,la,teun,e of the St,r't,o of Texas, now shown as
Article 1105b of Vernonws Texas CIM.:L 13tatutes, which lam has been adopted as, an amendment
to and made a part of the Charter of the Cit;r of" Fort Worth, T°rxas, and under which law
these proceedings are taken and had.
Each unit above riles ribecl slca.i.l be and carnst''ttute a separate and
independent unit of improvement and than assossmer°to herein provillied for sha:9..'1 be made for,
the improvements in each unit acccnr^dar°utr tucr thfer cost of the Imfr'rovwnents in that unit and
according to the benefits arts°inn,, from the in 'tt°140" 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 'north, Texas.
XII.
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 Vernonts 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
Y OF FORT
CITY OF FORT JORTH, TEXAS
WORTH
"CHI UZIE T XATTQ B HIS TV V..C. TEXAS '
OCT ,,
VU WAS c C A C'umunit'tion to Mayor and Council 1' 0. VW-1338
�n
October t 1962
Btty Sty
Honorable Mayor, a4nd Res Yucca Street Widening
Members the Catty Council Project 94-B2-130
City of Fort Worth - - .
Krs. McKnight and Gm w tt mww wws
On December 11 961,E the City Council authorIzed the tw oni of ucc
Street tm foot roadway from Oakhurst Scenic Drive to Belknap
ZI-14 . On September 4p 1962, the llowi g bids were received
for Batt I of the project t t m mww Oakhurst Scenic Drive to Sylvania Avenues
gpvEgR ANgYNT OF 1ID w0wim Lang
. L. Bertram $591B B.BB 75
Glade Construction Co. 650000.00 75
Texas Bitulithic Co. 68,010.35 75
Based n the low tmt t the City's`' ont; t oost will be $53,899.66 and
$50699.19 will be assessed against the adjacent property, The assessment
is for curb and gutter only where none exists at pre entw since the wtt
law propertly, is zoned si entl ly.
'The following recomnendations are mades
. That an ordinance be adopted declaring g the necessity
for and ordering the Improvements; making provisions
for the levying of assessments;ent directing the Public
Works Department-to prepare estimates of cosh and
amounts to be assessed; aww and in„ the contract to A, *
Bertrom on its low bid of $59,598*86; and making
appropriations to cover the .debt news thereby t m
t ewwp for i p oveime t of the streets named above#
2. That an ordinance be adopted aptw rwwvin the estimates
of wwet and amounts proposed to to assessed; www
setting October 29, 1962, the date for time benefit
warm
3. That the following bond fund t ansfer s be appr e a
N-1,338
Page Two
October 15p 1962
AMOU14T RO FOR
$ P5 . 91 Unspecified 94-B2-130 City's trot ,
Paving Projects Yucca Street and engineering cost
Widening
$50699.19 a as t Paving Revolving Fund Property, owners
Revolving Fund Reserve for assessment
aaa anat Pv-
Ing Project
9R2-l3
Res P tfully submittedt
L* P. Cook hgam
City Manager
LPCtk>p