HomeMy WebLinkAboutOrdinance 4004 ORDINANCE, NO. QC?
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT A PORTION OF _ "T Woma,,,
IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LIMITS EItE-
IN DEFINED, BE IMPROVED: PROVIDING THE MANNER IN WHICH
THE COST OF SUCH IMPROVEMENTS SHALL. BE PAID: DIRECTING
THE CITY ENGINEER TO PREPARE AND FILE PLANS AND SPECIFI-
CATIONS FOR SUCH IMPROVEMENTS: DIRECTING THE CITY SECRE-
TARY TO FILE A NOTICE OF THE, ADOPTION OF THIS ORDINANCE
WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS: AND DE-
CLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEED-
INGS RELATING TO SUCH IMPROVEMENTS ARE AND SHALL BE PUR-
SUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTI-
ETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COM-
MONLY KNOWN AS ARTICLE 1105b, OF THE VERNON'S STATUTES
OF TEXAS.
WHEREAS, the City Council of the City of Fart Worth, Texas, has determined
that a public necessity exists for and has decided to order the improvement of
the hereinafter described portion of a street in the City of Fort Worth, Texas,
in the manner hereinafter provided; THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That there exists a public necessity, and said C ty Council does hereby
determine that it is necessary to permanently improve the following described
portion of a. street within the City of Fort Worth, Texas, as follows, to-wit:
EAST BAKER STREET : from the easterly line of the North-South Freeway to the
westerly line of Frans Avenue, known and designated as
Unit No. 1.
SECTION
That it is hereby ordered that said street within the limits hereinabove des-
cribed shall be improved by raising, grading, filling, widening, permanently paving
cr repaving same by the construction, reconstruction, repairing or realigning of
concrete curbs and gutters in the manner and where the City Engineer determines that
adequate curbs and gutters are not now installed on proper grade and line, and by
construction of such drains and other necessary incidentals and appurtenances as deemed
necessary by said Engineer, said permanent paving to consist of the construction of an
adequate wearing surface upon a substantial base course, both of such type, construction,
materials, and thickness as is deemed adequate and proper by said Engineer, and all of
said improvements to be provided for in the plans and specifications therefor, to be
prepared by said City Engineer as hereinafter directed, and as shall be approved and
adopted by the City Council.
SECTION 3.
In providing for and making such improvements, said City Council deems it
advisable and hereby determines to proceed under and in the exercise of the powers,
terms and provisions of Chapter 106 of the Acts of the First-Called Session of the
Fortieth Legislature of the State of Texas, which is known and shown as Article 1105b
of the Revised Civil Statutes of Texas, 1925, as amended, and as adopted by the City of
Fort Worth_ as Section 17, Chapter XXIII of the Charter of said City.
SECTION h.
The City Engineer is hereby directed to forthwith prepare and file with the
City Council complete plans and specifications for such improvements.
" VECTION 5.
The cost of said improvements as herein defined shall be paid for as follows,
tc-;,.,it:
(a) The property abutting on that portion of the street and the real and true
owners thereof shall pay all of the cost of the curbs and gutters in front of their
respective property and not exceeding nine-tenths (9/1Cths) of the estimated cost of
the remainder of such improvements.
(b) The City of Fort Worth shall pay all of the remainder of the cost of said
improvements after deducting the amounts herein specified to be paid by the abutting
properties and the real and true owners thereof as set out above in subsection (a) .
The amounts payable by the abutting properties and the real and true owners
thereof shall be assessed against such properties and the real and true owners thereof
and shall ecnstitute a first and prior lien upon such properties and a personal
liability of the real and true owners thereof, and shall be payable as follows, to-wit:
2.
9 � '
When said improvements are c mplete�d and accepted by the City Council, the
amounts payable by and assessed against the property abutting thereon and the real
and true owners thereof shall be and become payable in five (5) equal annual install-
ments, due respectively on twenty (20) days, one (1), two (2), three (3) and four (4)
years from the date of said acceptance by said City Council, together with interest
thereon from said date of acceptance at the rate of six per cent (6%) per annum,
payable annually; provided, however, that the owners of said property shall have the
privilege of paying any one of or all of such installments at any time before maturity
thereof by paying the total amount of principal due, together with interest accrued
to the date of payment. Farther, if default be made in the payments of any of said
installments of principal or interest promptly when same matures, then at the option
of the Contractor or assigns, the entire amount of the assessment upon which such
default is made shall be and become immediately due and payable, together with
reasonable attorney's fees and collection costs, if incurred. However, it is
specifically stipulated and provided that no assessment shall in any case be made
against any property or the real or true owners thereof in excess of the special
benefits to accrue to such property in the enhanced value thereof resulting from said
improvements.
SECTION 6.
In the levying and making of said assessments, if the name of any owner be un-
known, it shall be sufficient to so state the fact, and if any prope ty 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 any owner, but the re31 and true
owner of the property mentioned shall be liable and the assessment against the property
shall be valid. whether or not such owner be named or correctly named. It is hereby
further provided that in levying said assessments, the omission of said imprcvements
in front of any parcel of property exempt from the lien of such assessments shall
in nowise affect or impair the validity of the assessment against the other abutting
properties in such street.
SECTION 7.
The City Secretary is hereby directed to cause to be prepared a notice of the
enactment of this ordinance and to file said notice with the County Clerk of Tarrant
County, Texas, among the Mortgage Records of said Count .
SECTION 8.
This ordinance shall. take effect and be in full force and effect from and after
the date of its passage, and it is so ordained.
AFERCVFz AS TO FORM:
,ity 'ttcrney
i
2333 ----
NOTICE
THE STATE OF TEXAS �
COUNTY OF TARRANT
Notice is hereby given that the governing body of the City of
Fort Worth, Texas, has ordered and determined it to be necessary that the
following portion of
EAST BAKER STREET
in the City of Fort Worth, Tarrant County, Texas, be improved and that a portion
of the cost of such improvement is to be specially assessed as a lien upon the
property abutting thereon, said portion of street in the City of Fort Worth,
Texas, being as follows:
EAST BAKER STREET : from the easterly line of the North— South Freeway tp the
westerly line of Evans Avenue, known and designated as
Unit No. 1
IN TESTIMONY 1JHEREOF, the City of Fort Worth has caused this
instrument to be executed in its behalf and signed by its Mayor, this 31st_
of
December
9
CITY OF FORT WORTH
F , • ray e �� BYtea r
'A Ity Secretary
GS7ATE .0,1P,"tLUS
P' s,
COUNTY OF TARRANT
EEFORE ME, the undersigned authority, a Notary Public in and for
the State and County aforesaid, on this day personally appeared Mr, Thomas A.
McCann, known to me to be the person whose name is subscribed to the fore-
going instrument, and acknowledged to me that he executed the same as the act
and deed of the City of Fort Worth, a municipal corporation of Tarrant County,
Texas, and as the Mayor thereof, and for the purposes and consideration therein
expr•eosed,,
Y GIVEN UNDER MY HAND AND SEAL OF OFFICEthis the 31st day
,��*Q�;'��•.0 �f.. i:".._ . ''�ece�er , A.D., 19.x.•
.,� ,fir".', .``•' .,!r!'�:: ,. //l
"_o
-4?,.s4, •ra':'1,�*, /
tG tary Public in and for
"" ,; Tarrant County, Texas
y`.. r.rA.�r'f}'Cal?C YS:,.f ;
f.• . .. Y /•.. u1'. . ' + `+ AT nw+rr.r..e.ti is
1 T { C y
f Wet,
TA
41
I, MELVIN "MEL" FAULK,Clerk County Courtof.'Far"rant
C,otin;y,Texas, da hexebx certify that the above a'RZ IoregOAg
It► ru ent with its certifidate of iuthenikAIRoln wits fi e4`d for
$l
registration in my office AN 141959", 19—, at
y
o'clnck &I.and duly record d o 19- fr
.—.�.^,��.
o'clocl&M. i Vo1AIJ, Page_ Vqof record of
for said County.
`�WI�' 1liSS tt#g bdi6d AMMMI�"; s le.-:=t >'c,r: _VJJ,i►rth. tlie
d;y and date fast above written.
• Clerkfranc Lc>uury,' aexas.
Hy_ Deputy.
3.
14 +l
TARRANT r v �
43 � SAN 14
� 0 Cdo
•P%S2 U
ETITION FOR REST PAVING
/',ee/ Prom the
line of 12 4VefZle to the
line of leP�,�d
TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT WORTH, TEX S: JUN.2 '0 1958
6=PT. of PUu. VVI:CS.
We, the undersigned owners of properties abutting upon the alv� sbi
the limits stated, in the City of Fort Worth, Texas, hereby respectively sub-
mit this, our petition, and represent to the City Council as follows:
1. That there exists an urgent necessity that the above named street
between the above limits be improved, widened, if and as required, and paved;
and,
2. That we request the City Council to order said street within said
limits improved, widened, if and as required, and paved, and cause same to
be improved and paved, by the construction of an adequate sub-base, base,
and wearing surface, and by the construction, reconstruction, or repair of
concrete curbs and gutters where deemed necessary by the City Engineer, and
the construction of drains and other necessary incidentals and appurtenances,
all of said improvements to be of such character, type, and construction as
deemed adequate and in accordance with the plans and specifications to be
prepared, by the City Engineer, and approved and adopted by the City Council
therefore; and,
3. That said improvements be, by the City Council, ordered, constructed,
and had pursuant to, and in accordance with, the powers, terms, and provisions
of Chapter 106 of the Acts of the 1st Called Session of the 40th Legislature
of the State of Texas, which is known and shown as Article 1105b of Revised
Civil Statues of Texas, 1925; as amended, and which is adopted by, and as,
Section 17, Chapter XXIII, of the Charter of the City of Fort Worth, Texas,
and that pursuant to Act, the costs of said improvements be apportioned, by
the City Council, between the City of Fort 'North, any railways, street rail-
ways, or interurban using, occupying or crossing said street, and the owners
of the properties abutting upon said street within said limits and that the
undersigned owners hereby agree to pay such portion of said costs as may be
apportioned and assessed against them and their respective properties by
the City Council.
Respectfully submitted,
OWNER LOT BLOCK ADDITION FRONT FOOTAGE
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- LOTS OWNFD .BY DENN/S .L. MrMRTY
- LOTS AWNED BY .REI 1VA_4 .T,CMPLE. ►�',. a
ro,rl ,/-o LEs ��Ccar�y,
.300 r'/• 6) ePProx.
Z,Co sl fv Re viva/ 7eMl-?/E
_ .- ./,¢fid d�
3. Co s T �a Dre�E'rs,
J-0 C� 5 sv = 2 7S.00
To,�al l'i'opEr�� Qu//�C/S' Cosf - S (�Z.v`s
EJtI1T1c�7E0' Ta7dl COST D/ f�V/meq
J7 6
Lid ,�.5.
PRELIMINARY ESTIMATE
To accompany petition for Paving on Assessment Basis
Baker Street from Evans Avenue to North-South Freeway
Length: 490 ft.
Width: 40 ft. Roadway; 60 ft. Right-of-way
Proposed Improvement: Combined Curb and Gutter and 1-1/2" Hot Mix Asphaltic
Concrete Surface on 7-1/211 Flexible Base. Alternate types of Pavement are
5" Reinforced Concrete Base with same surface or 6t' Reinforced Concrete
Pavement.
ITEM QUAN. UNIT PRICE AMOUNT
1. Unclass. Street Excavation 800 C.Y. 1.50 11200.00
2. Comb. 8" Curb and 2t Gutter 4050 L.F. 2.25 2062.50
3. Paving & Base 2,000 S.Y. 3.00 6.000.00
Estimated Construction Cost of Unit 9,562.50
Less Property Owners' Assessment
300 Front Feet @ $7.00 = $2,100.00
644.1 Front Ft.@ $5.50 = .542.55 .642.55
Estimated Construction Cost to City
(difference) $ 3,919.95
Engineering and Contingencies 980.05
Total Estimated Cost to City $ 4,900.00
PUBLIC WORKS DEPARTMENT
C. M. THELIN, DIRECTOR
K.D.S. 12-30-58