HomeMy WebLinkAboutOrdinance 5249 ORDINANCE
5 OFFICIAL RECORD
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING A igposWETARY
ING FOR THE IMPROVEMENT OF A PORTION Op, NORTHNEST. 21st STREET_
AND PORTIONS OF SUN THER
S'T'REETS, AVENUES AND PUBLIC PLACES IN THE C IT1 OF FORT WORTH, TEXAS;
LETTING CONTRACT TO TLI(aS_.BITULITllIO GOf PANY _ _FOR THE
_.
MAKING AND CONSTRUCTION OTS' SUCH IMPRII)VEMENTS AND AUTHORIZING ITS
EXECU'T'ION; MAKING APPROPRIATIONS FC'I'R°TH.E PURPOSE OF PAYING THE INDEBT-
EDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESS-
MENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS "THEREOF FOR A PART
OF THE COST OF SUCH IMPROVIa:MENI'S AND THE IilSITANC;IP OF' ASSIGNABLE CER-
TIFICATES IN EVIDENCE OF SUCH As%sEsSywEPq,"S„ DIRECTING THE PUBLIC WORKS
DIRECTOR OF THE CITY TO PREPARE ESTJMA"TTS, DIRE( LING THE CITY SECRETARY
TO FILE A NOTICE OF ADOPTION OF THIS OIt[)]NA,NCE WITH THE COUNTY CLERK OF
TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSE-
QUENT PROCEEDINGS RELATING TO SAII)S°T"REE I"I'MPROVEMI;,NT ARE AND SHALL
BE PURSUANT TO THE ACT OF THE FIRST CXLL.�ED SESSION OF THE FORTIETH LEG-
ISLATURE OF THE STATE OF TEXAS„ CHAPTEAt 106, COMMONLY KNOWN AS ARTICLE
1105b OF VERNON'S TEXAS CIVIL STATI TKIR; AND DIRECTING THE CI'I""Y SECRETARY
TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN
THE MINUTE BOOKS OF THE CTTV COUNCIL AND BY FILING THE COMPLETE ORDI-
NANCE IN THE APPROPRIATE ORDINANCE RECORDS OF"THIS CITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Public Works Director for the City ofFort Worth,Texas, has prepared Plans and Speci-
fications for the improvements of the hereinafter described portions of streets, avenues and public places in the
City of Fort Worth, Texas, and same having bo,n examined by thin City Council of the City of Fort Worth,
Texas, and found to be in all matters and thuua;a�s ptdilwrs; r° NOW "'i:'TI6 Itl:°FORE:
BE IT ORDAINED BY THE CITY COUIN('tl, (;k'4, TIE' CI I' OF FORT WORTH, TEXAS, THAT:
I,
The hereinafter described Plans and axe Nie=r ebio approved and adopted,
H,
There exists a public necessity for Ow drrrj a%armpO, of 8100 dies dnaaft.er described portions of streets, av-
enues and public places in the City of Fernt rNwth is xwx h0,-wrWid::
NORTKIEST 21st STREET: From 140 feet east of east line of Roosevelt Avenue to
North slain Street, knovm and designated as Unit No. 2.
III
Each of the above described portions of streets, avenues and public places in the City of Fort Worth,
Texas,shall be improved by raising,grading,and filling same and by constructing thereon the following,to-wit:
NORT'HVZST 21st STLEcT: From 140 feet east of east line of Roosevelt Avenue to
North Main Street, known and designated as Unit No. 2,
a 2-inch hot-inix asphaltic concrete surface on an
8-inch cement stabilized gravel base on a 40-foot
roadway.
The above, together with coiniAned co'ne.rote a tur bs and rinc Uerts on prop sr grade and lime where same are not
already so constructed, toe,eatheir with rat arnn srewen's and drains and other necessary incidentals and appurten-
ances; till of said hnparml,e merits to be as and where shown on thePlans and Specifications therefor.
It fl.
The cost of seidet riuiprr°¢;v�erwta cst.;; as icer ehi r1efi redo seleaall be paid for as follows, ato-wit:
A. The property alrrilttng on that portion of the sl emet, avenue or public place and the real and true
owners thereof shall pay aA or the r,waot riu eu)rhsc and gutra r x in front of their property and not exceeding nine-
tenths (9/40ths) of the eastirnafed cost of Hie reia.aainder of such inn-arovements.
S The City of Fort Worth shall pay anll of the retnalar,desr of the east of said improvements after deduct-
ing theamounts herein spe.eatied to l.we Ind d 6,y e;ho abu[JJng prop,aertk a and the reel and tnic owners thereof as
set out in sirtsseefion at,
The aniounts bythe abuut,tuug p'urop ertaics atrial ttaw, real wnd true owners thereof shall be assessed
against such properties, aaNd tars^ reni ;old truss owners ti;fier°awe.wk and shall constitute a first and prior lien upon
such properties and ,a peer som l Hal ihLy of thc,, ruaal and trwrva owriers, thereof, and shall be payable, to-wit:
When the inatarovaieuueuud„ii ars, aaaMpala t+d Mldl as`cp,rtewal by the City on ar particular unit, the sums assessed
against property ai.b,attinpr; rrpsou°r 4,uch a:°aiiuilipeei,wl and accepted unit shall lea,and become payable in five (5) equal
installments, due respwa,rc,,Liv;ly on ,pr laid".ore tldrty (30) dauys�, and one (:1)x two (2), three (3), and four (4)
years from the date of such and aaceelataaiutrr„ MR1 the assessments agra.ffist the property abutting upon
the remaining units ludl he and b eron,-u+ ('hwr and payable in saich roast„ta.lhnents after the date of completion and
acceptance of such r4s1peea Uv(, uanit„ eritare a,unounL assesged ,a ,airnst 'Glee paaart,icular parcels of property shall
bear interest from Ow daLo or ;dwa°6r crrnipletion and acceptance crf the lmprovenaents on the unit upon which the
particular property abuts at they a ipr of six (61/1”) ps r ccnL per eanraaruir payable annually except as to interest on
the first iris tali ment, oNeh raliaatl be,dor",saui,t praa,y,.a,lAe on the date ,aiel histralkn-aent matures„ provided that any
owner sh opt have the r 11,Yht, the j apy= any and ;ah of ,gad,h rir,cstaltupent sit any taune befaures maturity by paying princi-
pal with interest .-uccrued to the chat" of payment, and Imther° pucova dadd if default be made in the payment of
any installment prrornap tly as the sauna,;,, rnu,tones„ ltiawn at the orit;io n cul`I he t:;ity of fort Worth or its assigns,the
entire amount co' the assessment sesssment sipaawc which sue.h els.t. de a., s,nvde shall Maes and become immediately due and
payablet but it; i4 ;,trwJflc,, lV psi^aaeidlei;el unrti a ,w,,.•,mtcersi shaH i i any, vairw toe,, trade against any property or
any owner thereof in ex,ess et" the sp,c!r 4al ba_'Ii ants to 1,,m1wd,u .y, in ttaaw, enhanced value thereof by means of said
improveineruks in the unit upon orhi ch the pt;artiechar property Val.uuit.sas ,a,a.a a'tatraacd at-, the hearing provided by
the law in force iav Une City, rnc,!u°sha,wpl an,, i4semrwami trey, rnade lire "Any case until after notice of hearing as pro-
vided by law. Said asse,,ssmens aa,.airust ttia. 1-ospc.d°t ve, lasts aiicl taasi as is of p ropperLy and owners thereof shall'be
evidenced by certificates of aa,special 'Assessnia'nt which s haatl be e,ae'c.utcd in the name of the City of Fort Worth,
PROVIDED, however, that acting throup la its rtulyr wu ttiunz dl Director of Public Works, the City of Fort
Worth re^t.ainhig the iiprht,to atAA10R1z, t°usay Tient of the St.can, oasaree,.,cdt aqp aajnst aabatting,property upon such com-
pleted and aceep_ata:rl iun'4, in not, rnore than fin1y,eight eepawal regdilar monthly'bisst0rnents of not less than$9.00
each, the first of such instaMrientwi to berorne duue and payable not more thaaiu Sap days after the completion and
acceptance by true t,lt;y or the articular unit, lu"ltOM)l'�' �� FLJFt R ll M.,i, that the City Attorney is hereby ern-
powered to authorize payments of said sums iii le. sea 4ist»allrn ent,, andhor over aa, longer period of time in cases
in which the htirer.td:wr of 1publi,c ' orlm has, previously, alefornihied that an e,,;Arerne financial hardship upon the
property owner aatl otherwise re+sult, And N'lt.& "tllttl dl 1 t'lt gist la, thio. such method of payment shall be
authorized only in instances wvhere: the owner or owners o pcw rap,wc ut,y aat.'ruttrl7g upon such completed and accepted
unit shall have eae cuttsel gond delivered to the City of Fort Worth a lawful,valid and binding note and mechanic's
and materizalrnaan'a contract upon forms supplied by, the City, granting a. mechanic's lien upon and conveying
the said aabuut,t,lng pwi°raper.8y in trust to asecfar o thea Payment by sa4i owner or owners according to the terms there-
of of the sums assessed. against such p;ircape.r°t,y.
V.
The assessments against the respective lots and parcels of property and the owners thereof shall be
evidenced by certificates of special assessment, which shall be executed in the name of the City by the Nla�ror
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 of 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
' ovth, 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 pertin-
ent 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 there-
of, 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 substan-
tially that if default be. made in the payment of any installment promptly a: the same matures, then, at the
option of the City of Fort Worth, or its assigns, the entire anrocrnt of the assessment shall be and become
immediately due and payable, together wtih reasonable attorney's fees and costs of collection, if incurred, ail
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, Count p,School District, and City ad valorem taxes.
No error or mistake in naming any owner or in describing any property or in any other matter or thing, shah
invalidate any assessment or any certificate issued in evidonce thereof, and the omission of improvements on
any particular unit or in front of any property exempt by Yaw from the lien of special assessment 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 recitals pertinent thereto.
Bids having been advertised for is required by Article 11051,) of the revised Civil Statutes of Texas,
and the bid of Texas Bitulithic Company haring- been found to be the lowest
and best Ind for the malting and construction of said improvements, the contract therefore is hereiw awarded to
Texas Bitulithic Company , at and fm the prices stated in the Proposal of said
cornpany and as reported and recommended 1,)y the Public Woilis Department, which said report and recom-
mendation is on file with the City. the City Manager, and U'L wSoc�retrary are hereby directed to execute the
said cool in the name of the City of Fort Worth, Texas, and to impress the corporate seal of the City
m
thereon. the said contract, embracing, among othor° thirrrgs,this pricer,,for the work.
y Ili,
To provide for the pavnient of the indebtednet.;: incurr od €)v the City of Fort Worth Textrs, by said
contract, there is hereby appropriated out of available funds auul current revenues of the Citi-, an amount
sufficient to pay said indelAedness so incurred.
Vill,
The improvements provided for herein sha k )o nwdee ar(I consn noted, notice given, hearing held and
ssessnrent levied and all proceedings taken and hart in wmrd,once aith and under the terns of the pov+ers and
provisions of Chapter LOG of the acts of the Vii-,l ('<dled .°lv:,Aon of the Fortieth Legislature of the Stote of
'T'exas, noiv shown as Article 'I'105b of Vernon":, Texas Civil it '.Ilton wens, wN hich law hars been adopted as an amend-
ment to and made a part of the Charter of the City of Fort. W(o HI, 1"e�xa�r�;,and under which )aw these proceedings
are taken and had.
Each unit above described shall be and constitute a :aela,a.at;r and independent unit of hrprovenrent and
the assessments herein provided for shall be nrnde for the iinnrovojnents; in each unit according- to the cost
of the improvements in that unit and according h) 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.
Xl.
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_......
APPROVED AS TO FORM AND LEGAY ITY:
City Attor-y
City of . ort Worth Text,
Mayor and Council Cf
DATE RVERO sum v, id n n and paring ni N.W. 21st ME
r�sw�sE -374, Street, Wit 11 1p A- A-45) 1 of
9/21/64
On August 17, 1964, the City Council accepted and authorized final payment for
street Kgrovements on Northwest 21st Street from da l sboro Hi ww d w to Roosevelt
ve'nut, as scheduled in the 1964 Capital Improvement Program. t FV-149)
Improvement of 'Northwest 21st Street from Roosevelt to Orth Main was not
std d lw d for construction n in 1964, but the project was initiated after the
City 'CouOvil received a, petition on March 9, 1964, signed by 41 per cent of the
abutting property dwaets4 req, sting that t s, street, paving scheduled in the
Capital l pro r mwnnt Program be expedited C1 ' A-9 and - Unspecified
assessment paving funds and savings from other projects already under contract
axe available to finance the Northwest est 21st Street, improvements.
On July 14, 19640 raids were received for the project as follows:
Bidder Amount WorkUs. dols,
Texas Bitulithic Company $105,228.
Glade,, Inc.. 108,555.02 7
W. pBrittain, Inc 113,346.57 75
General Construction Company 121t702.25 75
The estimated total project cost, including ad int of
inspection and
miscellaneous costs, will be $115,751,40, of which amount the comity will pay
$100,808.94, and the adjacent property t„ owners will be assessed 114,942.46 nt
curb and gutter here none exists, and for widening adjacent to commercially
zoned property.
It is rdttDcadad l
1. "haat an ordinance be adopted:
a) Declaring two necessity :dor andordering improvements;
Q Makingprovisions for the levying of assessments;
(c) Directing the Public Wks Department to prepare estimates
of cost and amounts proposed to be assessed;
(d) Avarding the contract to Texas Bitulithic Company on its low
W of $105,228.55; and
n Making appropriations to cover than indebtedness there ,incurred.
2. "haat an ordinance be adopted:
(a) Approving the estimates of cost and amounts proposed to
assessed, and
Setting tlot;ober 12, 1964, as the date for the Benefit Hearing.
. That the follow ing bund transfers be approved;
OFFICIAL RECORD
i
vi
DATE REFERENCE and a of 2lst
NUMBER JRFADE
9/21/64 C-374 Street, Unit Il (Clp' -9 and -
Amount , TO & Osa;
$14,942.46Revolving Fund 042-09422-102, Property ownerts portion,
N.W,, 21st Street of construction cost.
$21,000.0 0,9 w 20QO 175 094-22000-102 i portion of con-,
Car
o -
at ol,l Street .W. 21st Street struction and ami ,ring,
costs.
11010 094-22000-124 094-22000-102 'Cit f,s portion of oott-
talcu,p 71ndd I.W. 21st, Street octuction sad'"" i
Costs
$16 000.0 0,94-22000-127 094-2,2000-10,2City's portion of con-
Tierney Road N.W, 21st Street struction and engineering
Costs.
90000.00 097-24000-901 097-22000-102 2, -102 ityp portion of can-
Unspecif led N.W. 21st ,Street struction and engineering
costs.
JLB
Attached are the following summaries;
.tta '(inant "'All ,- Resume the Pro t, and Surmnary of the,
'Neighborhood Hearing,
Attachment "B", Distribution ibution w i cost and assessments; Result
of Postcard Sn ~ s ., and
t o Vit, w r, Assessment polls in, alpl obet,inal o der.
���w
faFRIECORD RELIFFJ�("JA
` EC. WORTH,
. Wg4uV �rar �ra
SI,IBMPRTEO BY. DISPOSIT N BY COUNCIL: PRO0 B1/
APPROVED OTHER (000RIRE)
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