HomeMy WebLinkAboutOrdinance 5219 ORDINANCE NO.___!';!?_/_7__
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT OF A PORTION OF RT•S140P STFM! R, MSION
--- -- AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS;
LETTING CONTRACT TO til.&. WMAI1.IN* FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING,. ITS
EXECUTION; MAKING APPROPRIATIONS FOR THE 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 IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CER-
TIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS
DIRECTOR OF THE CITY TO PREPARE ESTIMATES; DIRECTING THE CITY SECRETARY
TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF
TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSE-
QUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENT ARE AND SHALL
BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEG-
ISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE
1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY
TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN
THE MINUTE BOOKS OF THE CITY 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 of Fort 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 been examined by the City Council of the City of Fort Worth,
Texas, and found to be in all matters and things proper, NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT:
I.
The hereinafter described Plans and Specifications are hereby approved and adopted.
H.
There exists a public necessity for the improvement of the hereinafter described portions of streets, av-
enues and public places in the City of Fort Worth, Texas, to-wit:
BISHOP STREET XKTENSION:
1. Bishop Street: From Vaughn Boulevard to Hnerson Street,
known and designated as part of Unit No. 19
2. Vaughn Boulevard: Beginning at a point 177 feet southeast of
south line of Reed Street to the north line
of Lot 13, Block 6, Meadowlawn Addition,
known and designated as part of Unit No. le
3. Wichita Street: From Vaughn Boulevard to approximately 273
feet southwesterlys known and designated
as part of Unit No. to
OFFICIAL RECORD
CITY SECRETARY
F1. WORTH, TEX.
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:
BISHOP STREET EXTENSION:
1. Bishop Street: From Vaughn Boulevard to Emerson Street,
known and designated as part of Unit No. 1,
a 1i inch hot mix asphaltic concrete
surface on a 6 inch hots asphaltic con-
crete base* on a 441 roadvaq.
2. Vaughn Boulevard: Beginning at a point 177' southeast of
south line of Reed Street to north line
Lot 13, Block 6, Meadowlawn Addition,
known and designated as part of Unit No.
1, a lj inch hot-mix asphaltic concrete,
surface on a 6 inch hot-mix asphaltic
concrete baseq on a variable roadway (301 to
40,).
3. Wichita Street: From Vaughn Boulevard to approximately
273 feet southwesterly, known and designated
as part of Unit No. 1, a li inch hot-mix
asphaltic concrete surface on a 6 inch hot-
mix asphaltic concrete base' on 'a 441 roaAvay.
F ti
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 appurten-
ances; 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 (9/10ths) 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 deduct-
ing the amounts herein specified to be paid by the abutting properties and the real and true owners thereof as
set out 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 constitute a first and prior lien upon
such properties and a personal liability of the real and true owners thereof, and shall be payable, to-wit:
When the improvements are completed and accepted by the City on a particular unit, the sums assessed
against property abutting upon such completed and accepted unit shall be and become payable in five (5) equal
installments, due respectively on or before thirty (30) days, and one (1), two (2), three (3), and four (4)
years from the date of such completion and acceptance, and the assessments against the property abutting upon
.the remaining units shall be and become due and payable in such installments after the date of completion and
acceptance of such respective unit. The entire amount assessed against the particular parcels of property shall
bear interest from the date of such completion and acceptance of the improvements bn the unit upon which the
particular property abuts at the rate of six (617o) per cent per annum, payable annually 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 pay any and all of such installment at any time before maturity by paying princi-
pal with interest accrued to the date of payment, and further provided if default be made in the payment of
any installment promptly asthe same matures, then at the option of the City of Fort Worth or its assigns, the
entire amount of the assessment upon which such default is made shall be and become immediately due and
payable; 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 value thereof by means of said
improvements in the unit upon which the particular property abuts, as ascertained at the hearing provided by
the law in force in the City, nor shall any assessment be made in any case until after notice of hearing as pro-
vided 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 Worth,
PROVIDED, however, that acting through its duly authorized Director of Public Works, the City of Fort
Worth retaining the right to authorize payment of the sums assessed against abutting property upon such com-
pleted and accepted unit in not more,than_forty-eight equal regular monthly installments of not less than $9.00
each, the first of such installments to become due and payable not more than 30 days after the completion and
acceptance by the City of the particular unit, PROVIDED FURTHER, that the City Attorney is hereby em-
powered to authorize payments of said sums in lesser installments and/or over a longer period of time in cases
in which the Director of Public Works has previously determined that an extreme financial hardship upon the
property owner will otherwise result; and PROVIDED FURTHER, that such method of payment 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 City of Fort Worth a lawful, valid and binding note and mechanic's
and materialman's contract upon forms supplied by the City granting a mechanic's lien upon and conveying
the said abutting property in trust to secure the payment by said owner or owners according to the terms there-
of of the sums assessed against such property.
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 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 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
Worth, 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 as the same matures, then, at the
option of the City of Fort Worth, or its assigns, the entire amount of the assessment sliall be and become
immediately due and payable, together wtih 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 describing 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 assessment for street
improvements shall not invalidate any assessment levied. Tile 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.
VI.
Bids having been advertised for as required by Article 1105b of the revised Civil Statutes of Texas,
and the bid of W.S. Brittain, Inc. , 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
W.E. Brittain, Inc. , at and for the prices stated in the Proposal of said
company and as reported and recommended by the Public Works Department, which said report and recom-
mendation is on file with the City, the City Manager, and City Secretary are hereby directed to execute the
said contract in the name of the City of Fort Worth, 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 Worth, Texas, by said
contract, there is hereby appropriated out of available funds and current revenues of the City, an amount
sufficient to pay 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 accordance 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 Vernon's Texas Civil Statutes, which law has been adopted as an amend-
ment 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.
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 aftei the date of its passage.
PASSED AND APPROVED THIS _L? __ DAY OF 0a44,WZ
APPROVED AS TO FORM AND LEGALITY:
City Attorney
NOTICE
THE STATE OF TEXAS 67431
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 Bishop Street Extension
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:
1 Bishop Street: From Vaughn Boulevard to Emerson Street, known and-designated
as a part of Unit No. 1. .
2. Vaughn Boulevard: Beginning at a point 177 feet southeast of south line of
Reed Street tp the north line of Lot 13, Block 6, Meadowlawn Additionp known
{3`�
. and designated as part of Unit No. 1.
1 3. Wichita S
ddtre
3et
: ��FCCrddom Vaughn Boulevard to approximately 273 feet southwesterly,
u°""" ] S iVI Y ERE( ','thetCi?y of�ortdVJort� has caused this instrument to be exe-
cuted in its behalf and signed by its Mayor, this-- --day of_ _ _- _._: A.D.,
19
CITY OF FORT WORTH
ax
ATTES
IMF Secretary, `
STATE OF TEXAS l
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notar Public
.� inand for the State and County
aforesaid, on this day personally appeared—. L2�LGls J7 i1rGs� �G
known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl-
edged 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 con- .
sideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the —_day of
l2. , A.D., 19
�Air, '
4 Notary Public in and for
Tarrant County, Texas
Nr. Brownlee
Mr. Morpbia
City of Fort Worth, Texas Mr. �elin (5)
F
,Mayor and Council Communication
DATE REFERENCE SUBJECT: PAGE
NUMBER
8/3/64 C-351 Bishop Street Extension (CIP A-221) IOf 2
The 1964 Edition of the Long Range Capital Improvement Program provides for
the connection of Bishop Street with Wichita at the intersection of Vaughn
Boulevard, as shown on the attached map. The project will route Bishop
through a structure on the Poly Freeway being constructed by the Texas High-
way Department, and provide needed traffic channelization and circulation at
the convergence of the heavily traveled roadways.
The project includes the following street construction:
1) Bishop Street: From Vaughn Boulevard to Emerson Street.
2) Vaughn Boulevard: Beginning at a point 177 feet southeast of the
south line of Reed Street to the north line of
Lot 13, Block 6, Meadowlawn Addition.
3) Wichita Street: From Vaughn Boulevard southwest approximately
273 feet.
Bids have been received on the project as follows :
Bidder Amount Working Days
W. E. Brittain Inc. $ 44,221.00 60
Texas Bitulithic Company 46,565.00 45
General Construction Company 46,984.00 60
S.R.O. Asphalt, Inc. 47,925.00 60
Glade Construction Company 48,616.10 82
Based on the low bid, approximately $3,301.91 will be assessed against
abutting property owners . The assessments reflect special benefits to the
owners of lots 7A and 8A and 7B and 8B, Meadowlawn Addition, Messrs. G. V.
Wilson and Clay B. Harris, respectively, who were deeded the parcels by the
C"ty in exchange for right-of-way for the project on March 16, 1964 (M&C L-350).
A that time, it was recognized that the adjacent commercially zoned properties
wo Id be benefited'by the acquisition of the residue lots, zoned B-2 Family,
w -ch were too small to be used except in conjunction with abutting property,
a which would not have added materially to the value of remaining City-owned
re idue. Assessments on 7A, 7B, 8A, and 8B have been computed using the resi-
de tial rate, but waiving the shallow lot credits in view of the benefits to
th property by virtue of the adjacent properties under common ownership, Ad-
ditional detail regarding the assessments is provided in Attachment "A."
The cost of the improvements to the city-at-large will be approximately
$45,341.19. Including engineering and miscellaneous expenses, the total esti-
mated cost of the project will be $48,643.10.
DATE REFERENCE SUBJECT: 2 PAt;E
NUMBER
8/3/64 C-351 Bishop Street Extension (CIP A,-221) ,f 2
It is recommended:
1) That an ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Making provision for levying of assessments;
c) Directing the Public Works Department to prepare estimates
of cost and amounts proposed to be assessed;
d) Awarding the contract to W. E. Brittain, Inc. on its low bid
of $44,221.00; and,
e) Making appropriations to cover the indebtedness thereby
incurred for improvements of the project named above.
2) That an ordinance be adopted:
a) Approving the estimates of cost and amounts proposed to be
assessed; and,
b) Setting August 24, 1964, as the date of the Benefit Hearing.
3) That the following Bond Fund Transfer be approved:
Amount From To For
$3,301.91 Revolving Fund Revolving Fund Property Owners'
Reserve for Project Portion of
042-09735-113 Construction
The following summaries are attached:
1) Attachment "A" - Resume of the Project, Map, and Summary of the
Neighborhood Hearing.
2) Attachment "B" - Distribution of cost and results of Post Card Survey.
3) Attachment "C" - Assessment Rolls in alphabetical order.
OFFICIAL RECORD
CITY SECRETARY
Ft. WORTH, TEX.
SUBMITTED BY: DISPOSITION UNCIL: P W BY
PPROVED ER (DESCRIBE) 4
'CITY 3X(M9TARY
2 Q DATE
CITY MANAGER G(
CITY OF 'FORT WORTH
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
ASSESSMENT PAVING
BISHOP STREET EXTENSION
PROJECT 097735000-113
RESUME OF THE PROJECT
The Public Works Department conducted a nieghborhood hearing at the Oaklawn Elementary
School on July 13, 1964, for the Paving of Bishop Street Extension, Project 097-35000-113.
Information pertaining, to the construction of the street and the computation of assessments
was presented to the five persons in attendance.
The cost computations on Bishop Street include assessment for pavement and for curb and
gutter. The assessments on Vaughn Boulevard and Wichita Street are for curb, gutter, and
pavement widening.
Mfr. Clay B. Harris, Lots 7B, 8B and 10, Block 7, Meadowlawn, and Mrs. G. V. Wilson, Lots
7A; 8A, and 9, Block 7, Meadowlawn, inquired about the method of computing assessments,
which information was provided the property owners by staff members at the hearing.
There were no other comments or questions at the hearing regarding the project.
Following the neighborhood hearing, it was determined that special benefits from the paving
would be received by lots 7A, 7B, 8A, and 8B, Block 7, Meadowlawn Addition, because of
common ownership with adjacent commercially zoned properties located north and south of
Bishop on the east side of Vaughn Boulevard (Lots 9 and 10, Meadowlawn Addition) . Messrs.
Harris and Wilson, owners of the affected properties, were provided information--by staff
meihbers on July 30, 1964, that the shallow lot credits would not be recommended on the
lot segments which were deeded to them by the City in exchange for right-of-way on March
16, 1964 (M&C L-350) .
The following is a tabulation of the original assessments compared with the recomputed
assessments provided to the affected property owners following the neighborhood hearing:
Owner Property Description Initial Assessment Recomputed
Assessment
Harris, C. B. 7B & 8B, Blk. 7, $114.61 $458.46
3521 Vaughn Blvd. Meadowlawn
Wilson, G. V. 7A & 8A, Blk. 7, 331 .58 761 .94
3230 Emerson St. Meadowlawn
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ATTACHMENT "C"
ASSESSMENT ROLLS FOR PAVING OF BISHOP STREET EXTENSION
FROM WICHITA ST. AT VAUGHN BLVD. TO E14ERSON ST. AT HIGHWAY 287
PROJECT No. 097-35000-113 A.P. 64-118 UNIT No. 1 OF 1 PAGE No. 1 OF 2
AMOUNT z RESULT OF POST CARD SURVEY
00
PROPERTY DESCRIPTION
NAME AND ADDRESS w FRONT RATE GROSS ASSESSED w
OF APPARENT OWNER Z FEET PER AMOUNT FRONT FEET
0 AFTER Z-
Bishop Street ;,; L.^,T ®Lr. ADDITION FOOT ASSESSED CREDI TS 0a FOR AGAINST ANSWERNO
i
i
City of Fort Worth B 5 & 6 7 Meadowlawn 141.1 8.04 19134044 0.00 141.1 I
i
City of Fort Worth B Part of 7B 7 it 41 8.04 329.64 0.00 41
1
Harris, Clay B. B 7B & 8B 7 84.9 8.04 682.60 458.46 84.9
3521 Vaughn Blvd.
Harris, Clay B. E 10 7 tt 39.6 8004 318-38 318038 39.6
3521 Vaughn Blvd.
Wilson, G. V. B 7A & 8A 7 " 141.1 8.04 19134044 761.94 141.1
3230 :Emerson St.
Wilson, G. V. E 9 7 54.3 8.04 436057 364.89 54.3 i
3230 Emerson St.
Vaughn Blvd.
Carter, Dallas M. E Part 7 Masonic Home 177 8.04 1,423.08 371.70 177
33U0 Reed
Grand Lodge of Texas of C Part of R.R. Ramey Survey 785 -8.04 6,311.40 0.00 785
A.F. & A.M.
c/o Rodney F. Shelton
i
3300 Vaughn Blvd.
Hamby, A.T. E 13 6 Meadowlawn 179.9 8.04 19446040 295.04 179.9
1974 Milam
Harris, Clay B. E 10 7 'f 158.9 8.04 1,277056 0.00 158.9
3521 Vaughn Blvd.
7
ATTACHMENT "C"
ASSESSMENT ROLLS FOR PAVING OF BISHOP STREET EXTENSION
FROM WICHITA ST. AT VAUGHN BLVDo TO EMERSON ST. AT HIGHWAY 287
PROJECT No. 097-35000-113 A.P. 64-11-8 UNIT No. 1 OF 1 PAGE No. 2 OF `Y
AMOUNT z RESULT OF POST CARD SURVEY
NAME AIV® ADDRESS w PROPERTY DFSCRIPT106 Fg���„ ; RATE GROSS ASSESSED w®
OF APPARENT OVIINER FES' r' PER AMOUNT AFTER za FRONT FEET
LOTI LK. ADDITION FOOT ASSESSED CREDITS Na FOR AGAINST AN NO
VV ,
Teague, Minnie M. E 3 1 Masonic Home 116 8.04 932.64 243.60 116
3609 Wichita St. 2nd Filing
Triangle Facilities Ins., a E Part of 11, 1 Masonic Home 187.3 8.04 1,505.89 86.10 187.3
Delaware Corporation 29 3
1201 Continental Life Bldg.
Wilson, G. V. E 9 7 Meadowlawn 139.6 8.04 1,122,38 114,47 1390(
3230 Emerson
Wichita Street
r;
Teague, Minnie M. B 1 1 Masonic Home 98 8.04 787.92 0.00 98 4'
3609 Wichita 2nd Filing ( �
e Facilities Ins E Part of 1 1 Masonic Home 175.2 8.04 1,408.61 287033 175.2 t
Triangl a i ., ? s 9 =
Delaware Corporation 29 3 L . . . . . . . . . . . . . . [- . . . ._ . . . I . ;'
1201 Continental Life Bldg.
29518.9 . 8.04 209251.95 3,301.91 I 0.0 1179.9 29339.0 __