Loading...
HomeMy WebLinkAboutOrdinance 4744 ORDIIITAIW AV OaDINA1,1C3 DITER!]IN11'G Tll' 7?C-1 3ITY FOB A`JD CR.D TIU, TG Ail) PROVIDING FOR T111-:1 I!:TIAOTr7l� NT OF A POITIONT OF N.W. 26TH STREET P0,RTIONT3 OF �UT)R- OTiIrR 3TT-`.7TS, V' `7`73 Ai PTFSTjC PLACE IN T;77 CITY OF FORT -(VRVF, T'i;XA3,- Co '\TT-tACT TO GLADE CONSTHUCTICN FOR THE MAKING AND CONSTRUCTION OF' SUCH -C;PRJWIIIENTS AND AUTiiOPUZ- IN' ITS EAECUTION; MAKING APP-ROPiUATIONS FOR TIE aTiposL OF PAYING T!;,� INDZWTDNL,53 !:�`X,,'BY 121CURRv!,D; ',:AKIIqG PROVI- SIONS FOR THE LEVYIY3 OF A33:33•2JT3 AGAINST A-EUT=iZ PROF`z=-[:I3 AND TliE TI.L JOF FO.2 i-L PA-W OF T'— CO3T OF 3UCP INPRCITEIE,;TTS AqD Th.I I33UA.%1CZ OF A3,31G,�ADLr1' G,iATIF'i- CATES IN 'WID�1C4' OF 3U3i; A33E33--EVT3; DlRL7,CTINTG 11:.7 PUBLIC OU3 DIR,`,CTOR OF U-IE CITY TO PR- PAR.7 D11-ACTING THE CIT" 3ECRETARY TO FILL A I10=Z OF ADOPTIO"T OF TKiS ORDINANCE 11U11 nE COUNTY CLZ�iK OF TARRAINT COUNTY, TE"XA3; DECLARING THAT rlilS ORDINANC3 AND ALL 3U[33E UEMT PROCEa)IiJGS RELATING TO SAID STICIET 1N,-PRCV.-!,I�NT Ail,' AND 3`tULL BE K1R3UANTT TO THE ACT OF TEE FIR3T CALLED 3E33i')N OF Tlir3 FORTlZT111L L=3- LATURE OF TH7 3TA70, OF T-I'IXCAS, CHAPT&i 106, COIL-2•io:,TL'-r K',TOiNT A3 ARTICLE 1105b OF VEINON?3 TFXA3 CIVIL 3TATU=,3-, Ai,TD DIRECTING THE CITY 3EC,3ETA,7 10 ENGROSS AND Et"TiOLL 7-111S ORDI-.,TANC­--' BY COPYING CAPTION OF 3AI•E 114 Tli,S 11.11 UT; BOOK OF T11E CiT'f COUAJC1L AND PY FILING 'I'TIL COIETLETE ORDINANCE IN THE APPROPRIATE ORDINANCE :'&'COID3 OF T1113 CITY; AND PROVIDING AN -EFFZ.'T!VI DATA,. J'HER the Public Forks Director for the City of Fort Borth, Texas, has prepared Plans and Specifications for the improvements, of the hereinafter described portions Of streets, avenues and public places in the Cit,r of Fort forth, Texas, and same having been examined by the Jity Council of the City of Fort "orth, Texas, and found to be 7ORZ:- in all matters and things proper, NO.. TE13, 9E IT ORDAIN ;D '1Y T7 1--l' ClTv COUNCIL. OF TFZ� CiTV OF FORT TORTI-1, TiiXA3, THAT: L. I. The hereinafter described Plans and Specifications are hereby approved and adopted. There exists a public necessity for the improvement of the hereinafter described portions of streets, avenues and public places in the City of Fort -orth, Texas, to-wit: 1. N.W. 26th Street: From Long Avenue to Zearney Avenue, known and designated as Unit No. 1. 2. Greenfield Avenue.- From Maple Street to T&P Railroad, known and designated as Unit No. 2. 3. Glenmore Avenue: From Maple Street to T&P Railroad, known and designated as Unit No- 3- 4. Carver Avenue: From Maple Street to T&P Railroad, known and designated as Unit 14b. 4. 5- Clinton Avenue: From 35th Street to 36th Street, known and designated as Unit No. 5. 6- Terrace Avenue: From Northside Dr, to Harrington Street, Known and designated as Unit No. 6. 7- N.M. llth Street: From Samuels Avenue to Santa I's Railroad, known and designated as Unit No. 7. 8. Commerce Street: From Northside Drive to N.E. 11th Street, known and designated as Unit No. 8-A. 9- Commerce Street: From N.E. llth Street to St. Louis & Southwestern R.R. know" and designated as Unit No. 8_B. teach of the above described portions of streets, avenues and public places in the City of Fort '.;orth, Texas, shall be improved by raising, grading and filling sane and by constructing thereon the following, to-,4t: 1. N.W. 26th Street: From Long Avenue to Kearney Avenue, 1*11 Hot-Mix Asphaltic Concrete Sur- face on 7" Bement Stabilized Gravel Base on a 301 roadway. 2. Greenfield Avenue: From Maple Street to T&P Railroad, li" Hot-Mix Asphaltic Concrete Surface on 7N Cement Stabilized Gravel Base on a 301 roadway. 3- Glenmore Avenue: From Maple Street to T&P Railroad, 1j" Hot-Mix Asphaltic Concrete Surface on 7" Cement Stabilized Gravel Base on a 301 roadway. 4. Carver Avenue: From Maple Street to TO Railroad, 11 -0 Hot-Mix Asphaltic Concrete Surface on 7" Cement Stabilized Gravel Base on a 301 roadway. Clinton Avenue: From 35th Street to 36th Street, tiff Hot-Mix Asphaltic Concrete Surface on 7" Cement Stabilized Gravel Base on a 301 roadway. 6. Terrace Avenue: Mrom Northeide Dr. to Harrington Street: 12"' Hot-Mix Asphaltic Concrete Surface on 711 Cement Stabilized Gravel Base on a 301 roadway. 7. N. E. 11th Street- From Samuels Avenue to Santa Fe Railroad, li" Hot-Mix Asphaltic Concrete Surface on 711 Cement Stabilized Gravel Base on a 301 roadway. 8. Commerce Street: From Northside Drive to N.E. 11th Street. 20 Hot-Mix Asphaltic Concrete Surface on 8" Cement Stabilized Gravel Base on a 461 roadway. 9. Commerce Street: From N.E. llt�, Street to St. Louis & Southwestern Railroad, 7" Reinforced Conewle Pavement on a 461 road way# 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 ntreet, 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 (9/10tc,$) Of t'4e cost of the remainder of such improvements. V. The Cit- of Fort Forth shall pay all of the remainder of the cost of said improvements after 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 amonnO pa-able by the abOtinp properties aQ the real and true owners thereof shall be assessed against such properties and the real an] true ourier3 thereof and shall constitute a first and prior lien upon such properties and a personal liability= of the real and true owners thereof, and shall be pa7able an follows, to-wit. Olen the improvements are completed and accepted by the CA- on a particular unit, the gums assessed against property abittinn upon such completed and accepted unit shall be and become payable in fi re (5) equal 113tallments, Jue re3pectivel- on or before thirty (30) days, and one Q), two (?), three (1), and four (4) -ears from the date of such completion and acceptance, and the assessments against the property abutt- ing upon the ramainjinu unity Rail be and become due and payable in such installments after the date of completion and acceptance of such respective 40t. The entire amount assessed against the particular parcels of property shall boar interest from the date of such completion and acceptance of the impro7ements on the unit upon ah.1-c-h the particular property abuts at the rate of six (6j) per cant per annum, payable annually except as to interest on the first installment, which shall be due an.-I payable on the date said installment matures, provided that am owner shall have the right to pal an- and all of such installment at any time before maturity by paving principal with interest accrued to the date of pannent, and further provided if default be made in the pa-Trient of an- installment promptly as the same matures, then at the option of the At- of Port 'orth or its ans0na, the entire amount of the assessment upon which such default is made Kall be and become immediately due and payable: but it is specifically provided that no assessment shall K anv case be made against any property or any owner thereof in excess of the special benefits to property in the enhanced value thereof h7 means of said improvements in the unit upon which the parti- cular property abuts, as ascertained at the hearing proAded by the law in force in the City, nor shall any assessment be made in any cage until after notice of hearing as provided bv 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 Vorth, PROVIDI), however, that acting through its dulv authorized Director of Public AM, the lit- of Tort Arth -staining the right to authorize pa-vent of the sums assessed against abuttin- property upon such completed and accepted unit in not more than forty-eight equal regular moith1v installments of not less than ?9.00 each, the first of such installments to become due and pa-able not more than JO days after the completion and acceptance b- the My of the particular unit, Pi()',TlD_,2 FUM' :H, that the City Attorne- is hereby empowered to authorize pa,meats of said sums in lesser installment; and/or over a longer period of time in cases in which the Arector of Public �'crk3 has previously determined that an eytreme financial hardship upon the property owner All otherwise result! and PROMIND FURTAR, that such method of pa-ments shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the Citz of Fort Arth a lawful, -valid and binding note and mechanic's and raterialman's contract n7on forms supplied by the City rrantin, a mechanic's lien upon Ynd conveying the said ahuttinF 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 assessments Lh ,pact ve lots -rIrid parcels cf property and the owners thereof shall be b-Y ciar,'I-Iif i.cat es of special assessment, Irdch 3�lall be executed in the name of the City bw V e ,',avor of said and the City Sec rotaxy shall attest the same and impress the seal of the Cit7,- thereon, and Mich may have attached thereto coupons in j-,-idenca,, n� the 3el;ernd frr3tailxnents, or 'In evidence of ant, of the installments in which the ;-i, .t pa able, Arhich certificates shall be issued to the City of Fort :octh, shalt. the terf.-3 and tin,7, of pa,­Trtant, the amount of the assessment, the description (X th,-,, p.°opert,,71 -_�d t--. name of the owners, as far as knoU,m, and shall contain such otP-Ier i­--I,r-i ,,a2., r-a- 'be T-) thereto, and shall further recite substantially that all proc­,,_-,,di ; viiV�. to the making of such improvements have been re,,,ula-,,I,r had In wlth Iilf, a-,I that all prerequisites to the fixing of the a33eszraent 1.c •7ti the pruperL-1, doj(,,i_,,!bed in said certificates and the personal llab"_IiteT of the hiva brre ­I`olllarlv held, done and performed, and such recitals shall be pr i.rra fad ia et denc,�, of the matters so recited, and no further proof shall be nor- co° ,i •t, &,­"d th I-,',:'j, certificates shall provide substantially that if d�,�mfault 'i)e i­-r the p­ rneraL of rn. installment promptly as the _natures, than, at the 0I)MICo Of tk-e, 3111ty Of FO)'t r)tti'L, or Its assigns, the entire amount of the ao3e,.3sment 3',IaLl be and becomo, due and payable, together with reasonable atto,,,,ne,0-, fees and costs of col la,,;L",on, i-f incii-red, all of which, as well as the principal and i,,iterest on the, hall be a first and prior lien against the propert-, ?ulparicr to all ]_JI.o,,,fs cla7m3 emept State, County, School District, and Citi, ad valcren ',o w*x­v or m i rvim nl­ an,T o,,,-ner or in des- cribing any property or in otl er 'r th ngp, arty as.,ea_-mlent or any certificate issued in evidenco thereof, V,e cai:,,,ion of ',niprovements on any particular unit or in front of Garr rropertv tv la,-,t from the ll n of special assess- m,ent for street improvements shall not v,­J anv a,: ,Y,1n�unt lelr� ed. The certificates referred to need not contain !,i �_,,�lctiv tM �1a .i.bow: pr(r,V-I.ded for, but the substance thereof shall suffice, =a lnd tIp-r .,-p o',hor a,iil add`,tio,,,,,,l recitals perti- nent thereto. do beer,,. a:lve,,,,` ' ,t l ror., t .J, by Artl cle 1105b of the revised .3tdtutes of' Texas, arwd th bil m having been found to he the lowt),,t and be-,-,t := i 'rror the niakll.nr and construction of said improvements, t'h'an, contract thr:refore 1.3 herr2b,r t-,, Glade Qonst;jqeti©xa Cc►�penY _, at and for the pric,33 stated in tha Proyxu_;al of Da',I and as reper ed and recorrunen- ded by the PI.iblic ;crks Ogip m­tme t, wh�clh as" I ,.and roconanendation is on f!le wit'. the City, the City IIanager, and :-I-t - _aeu arv,, herdl-r, J`I -ented to execute the said contract in the nane of the 1;i_tv o, 1.,ca7,, and to !Mp�)reSS tile corporate seal of the City thereon, the said cont.',Fact JbrarJ ip, am(-,­�!, othe th- th� pr',ces for the work. 7TI_. To par.otride for, the Pa�,[nl-jnt _,f the, by the Ci ty of Fort crLh, Texas, by contract, i,', lis_­31r) appz,op. %L,sI crud', of available funds and current revenues of the C,i.tfr, an air!ount to .rid -tdeI-,t,;dnesS so incu,­red. Me in:provament 3 prov-ided. for herain shall be made- anc� constructed, notice given, heaa,ing held and. As7z�es:,irnent levied ard, all proceeriinw'�, taken and had in accord- ance with and under the tanns of the powei%i and pCovisions of Chaj.)Ler IC6, of Lhe Acts of the First Called Session of the Fortieth Leglslataie of the Statr,, of rmxaz, now shown as Article 1105b of Vernont,r Tex&3 Civil. 311 atutea, which Law 'has been adopted. as an amendment to and made a part of the Charter of the City�- of" Fort Worth, Texans, and wider which law these proceedings are takera and had. I,X. Each unit above described shall. bay and constitute a separate and independent omit of improvement and the wisessment3 herein py,ovided for shall be made fo - the improvements in each unIt according to the cost of the impro-vanents in MiAt unit anct according to the bensflts arlsi-rip from tho improvements 1-n 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. 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 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 APPROV&D AS TO FORM AND LEGALITY: City Attorney R i rypp� ��" q�" " P"OP"S WORTH, I FORT WORETI THE Its ';4,�% � wN r�, !rr 'N,w Ik M?ku if N' «M i6 L '... EM a x oy aex.nmrwm rt, y wawnmrr „„room.mm„,wpm ypy m.w OFFICE ITT Y MANAG R Comraunication to U& na a.nd Council N a m U rable Mayas and Heat Assessment Paving at Eight Members of the City ouxxt ; l Locations on Nori;,h Side N McKnight and Gentlement O Septemb 181 ,1962# the , ask bads were ,received, for assessment paving at eight locations on north side area project 97 &4— DAYS Glade e Honstruction Co. $550S20.2() Tay General Construction Co. 56,226.27 55 W. E Brittain 560738.03 R. W. Gibbinsp Inc. 50r625.95 55, ,rexas Bitulithic Co. 600214.93 55 The project is composed of streets on which petitions have been received and which are chide in the 1962 Capital Im rovem n a Program. These streets are as faa laaws N. W. "6th S,W''reet Long Ave. to Kearney Ave* 30 eats Greenfield Ave. Maple St. to UP Railroad 0 Pia l n re Ave. Maple St. to, UP Railroad 30 feet Carver Ave., Maple St to UP Railroad a 0 fee P C1into n Ave. H n L to tc 36th Sto 30 feet Texxace Ave. No: thsi e Dr. to Harrington St* 30 Bet N. H. 11th St. Samuels Ave. to G.C.&S.F R.R. 30 fee commerce o Northside Lug. to S . . . R.R. 46 feet When the streets in the North Main Industrial are were paved shortly after rl War Up a 46 folot roadway was constructed on North Unn eree S treet because of the railroad spur track extending down the nt of h street. This pavement w constructed a the south up tcl, Eleventh Street,r n one black south of North a a Drive H. 12th, Stree o and two five foot storm drain n xa"le ere am oast uete on Commorce Street Eleventh Street on the Aar Panne,, roadway a, n th, When North a u �Drive was oonstTiactedp the canes returns for North Catim,,iorce Street er constructed for a 46 foot oad y* Because o the a s,tin rprov a tints constructed or the 46 foot r a dwah a n and betause this s i the a unpaved a oc on North Commerce Street sotah, fr3m, Northside Drive%, it is proposed to con,- struot a 46 foot roadway on this block a The ,mit of the unit e tend from Northside Drive wean° a°n to the railroaci in o z,der to pave skip left in the original pavement south t Eleventh Street, > Page Two Oct*ber 22p 1962. 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; idirecting the Public a-,k,,s Depax-ttment to prepare aaa H mates of cost and amounts a Sao be assessed; awarding the contract to, Glaac,[e Construction Coapany on its low bit as $55,820.20; and making appropriations to cover, the I nc'iebte rasa s ahereb incurred for improvement of the streets named above* 2. That aan ordinance be adopted approving in he estimates of cost and uaalLYioaants proposed to be assessed; and setting November ber 5 19m�2 as the date for the benefit hearing o, 3o haat the following bond fund transfers be app uaaaaad M EM I B& NOR $230051.20 97-B4-901 Unspecified 9744-3 Eight City's construc- Paving Projects Locations ' tint a tion and .a eer Siva Haag cort $419142.03 Aa sesscaaen Paving Revolving Flund, Property Revolving Fund aaaeav for assessment aaaaaaaassauen pav- ing Project 97"B4-3 Respectfully submitt6d, Lo P. Cooklnghmn re Manager City as