HomeMy WebLinkAboutOrdinance 4614 OFFICIAL RECORD
ORDINANCE N0. � - CITY SECRETARY
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND FT. WORTH, TEX.
PROVIDING FOR THE IMPROVEMENT OF A PORTION OF HORNE STREET
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES
INT HE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO GLADE
CONSTRUCTION COMPANY FOR THE MAKING AND CONSTRUCTION OF SUCH
IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS
FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED;
MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING
PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH
IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES 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
SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROV111ENT ARE
AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF
THE FORTIETH LEGISLATURE 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 BOOK OF
THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE 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 Specifications for the improvement 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.
II.
There exists a public necessity for the improvement of the hereinafter
described portions of streets, avenues and public places in the City of Fort Worth, Texas,
to-wit:
1. Horne Street: From Fernander Drive to Camp Bowie Blvd.
Known and Designated as Unit No. 1.
III1
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:
1. Horne Street Unit No. 10 1j" Hot-Mix Asphaltic con-
crete surface on 8" cement stabilized
gravel base on 40: 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, therefore.
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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-tenons (9J10ths) of the estimated cost
of the remainder of such inTrovements.
B. The City of Fort North shall pay all of toe remainder of the cost of
said improvements after deductin=g the amounts herein specified to uu paid uy the abutting
properties and the rual and true owners thereof as set out in subsection A.
The amounts payaule by the abutting properties and the real and t we owners
thereof shall be assessed against such properties and t ne 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 tnereof, and shall La payaule as follows, to-wit:
When the improvements are corupieted and accepted by the City on a particula
unit, the sums assessed against property nuutting upon such completed and accepted unit
shall be and cecome payable in five (5) e:ual iistail, ents aue respectively on or before
thirty (30) days, one (1), two (2), three (3), mod four A ;years from the date of such
completion and acceptance, and the assessments &,iinst the property abutting upon the
remaining units shall ue and become due and payable in such installments after the ante
of completion and acceptance of such respective nnit. The entire amount assessed against
the particular parcels of property shall Dear interest from the date of such completion
and acceptance of t he improvements on the unit upon which the particular property abuts
at the rate of six per cent (6%) 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 pray any and all of such installment at any
time before maturity by paying principal with interest accrued to the date of payment, and
further provided if default be Lade in one payment of any installed pranptiy as the same
ruatures, then at the option of Mae City of Fort ;north or its assi ns, the entire saount of
the assessment upon which such default is made shall ue and oecon,e innediately due and
paa able; but it is specifically provided that no assessment shall in any case be made against
any property or any owner tnereof in excess of t}.e special uenefits to property in the
enhanced value thereof by means of said improvements in the unit upon which tide inarticular
property amts, as ascertained at 0e nearing provided by one law in force in the City,
nor shall any assessment be made in any case until after -otice and fearing as provided by
law. Said assessments a,_ainst the respective 'lots and parcels of property and owners there-
of shall oe evidenced by certificates of a special assessment which shall be executed in Vic
name of the City of Fort Worth, PAUVIDED, however, that acting through its duly authorized
Director of Public Works, the City of Fort 'Nortn retaining we right to authorize payment
of the sums assessed against abutting property upon ouch completed and accepted unit in
not more than forty-eight e_ual regular monthly installments of not less than Q.00 each,
the first of such installments to uecome due and payable not more than 30 days after the
completion and acceptance by the Cit, of one particular unit, PROVIDED FUUTH;R, that the
City Attorney is hereby empowered 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 "orks has
previously determined that an extreme financial nardsnip upon the property owner will
otherwise result; and PROVIDED FUKHER, that such method of payments shall be authorized
only in instances where the owner or owners of property abutting upon such completed and
accepted unit shall nave executed and delivered to ohe City of Fort forth a lawful, valid
and binding note Lod :mechanic's and materialman's contract upon forms supplied by the City
Ir.nting a iechanicls lien upo" and conveying the said abutting property in trust to secure
the oaynent by said owner or owners according to the terms thereof 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 wy certificates of special assessment, which shall be
executed in the name of the City by the & yor of said City and t he City Secretary snail
attest the same and impress the corporate seal of the City thereon, and which nay have
attached thereto coupons in evidence of one several installments, or in evidence of any
of the installments in which the assessment is payable, which certificates shall us issued
to the City of Fort Worth, shall recite the terms and time of payment, the onount of the
assessment, the aescription of the property, and the name of the owners, as far as known,
and shall contain such other recitals as may be pertinent 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 thereof, 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 substantially
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 shall be and become immediately due and payable, together with 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. The certificates referred to need not contain
recitals in exactly to work 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 Glade Construction Company, 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 Glade Construction Company, 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 recommendation is on file with the City, the City Manager
and City Secretary are hereby directed to execute the said dontract 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 assessments levied and all proceeding 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 amendment
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 improve-
ments 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.
1.
In making assessments, if t hename 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
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such improvements in each unit, in accordance with the terms of the powers and provision of
the Charter of the City of Fort Worth, Texas.
MI.
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 being shown as lrtiel 1220 of Vernon Is Texas
Civil Statutes.
ILII.
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 a —DAY OF 196
APPROVED AS TO FORM AND LEGALITY:
_5T r5 7( —i/ W",,
City ALtorney
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CITY SIRRETARY
COUNTY OF TARRANTFT
op . WORTH, TEX.
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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 o-€ Horne Stre"
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:
From Fernander Drive to Camp Bowie Blvd., Known and designated as Unit No. 1.
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this
instrument to be executed in its behalf and signed by its Mayor, this 23rd
DAt4DF". r_�r l , A.D., l9 62
CITY OF FORT CRTH
ATTEST: By.Cj
Ma r
City Secretary
STATE OF TEXAS k
COUNTY OF TARRANT
BEFORE NE, the undersigned authority, a Notary Public in and for the
State and County aforesaid, on this day personally appeared Mr. John BY Justin, 7XYA
known.*.q me to be the person whose name is subscribed to the foregoing 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 expressed.
v ,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 23rd day
Of Ayril , A.D., 1962
v ,•ar!ri t �n+r-rpt ,,
Notary Public in and for
Tarrant County, Texas
§TATY Of TUAS
NTY iY TAUANT
f,MRS,MELVIN"MSL"FAULK,Clerk County Court of Tarrant
Coytity,Toms#, do hereby certify that the above and foregoing
loorument with its certificate of authentication was filed for
tegietratfm, in qty office....MAY...19 192--, 19...... at lA,X$-4
W(40 19-9, and duly recorded an...JUN..1_.....S�Q9_—at 2
0'(40M, in V@11;4.t I,Page,�1.'.Zof record of
for s'itl 6m nty,
WITASS my hand and seal of office, at Fort Wo the day
efld data last altovo written.
MRS. MF,LVIN "MEL" FAULK
Clerk County Court,
Tarrant County, Tows
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CITY OF FORT WORTH, TEXAS t'�..Fd p D
THE SUBJECT 1 ".TTER OF THIS it, y OF FORT WORTH ���
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ER Communication to Mayor and Council No. PW-964
• fm Edw 1 1964 am aiiIiiiiiii'm trawwrew of Im" UF
City ecretaryOFFICIAL RECORD
April 23, 1962 CITY SECRET RY
FT. WORTH, TL
Honorable Mayor and Re: Horne Street Paving, Fernander
Members of the City Council to Camp Bowie, CIP A-5
City -of Fort Worth
Mrs. McKnight and Gentlemen:
The City Council on September 1, 1961, determined that reconstruction of
the balance of Horne Street between Vickery Boulevard and Camp Bowie
Boulevard not already included in an assessment project be initiated as
soon as possible, to be financed by transfers from other projects until
the 1962 bond sale. Bids were received on February 27, 1962, for Horne
Street widening and improvements from Fernander to Camp Bowie Boulevard,
which will complete the paving between Camp Bowie Boulevard and Vickery
Boulevard. These bids are as follows:
Bidder Amount of Bid
Glade Construction Company $146,083.77
W. E. Brittain 150,895.10
R. W. Gibbins, Inc. 152,772.53
General Construction Company 161,272.25
Texas Bitulithic Company 162,741.75
LMan Worth Construction Company 184,256.25
Because the adjacent owners did not participate in the cost of the exist-
ing asphalt surface, and because the existing asphalt surface is not on a
City grade, City policy requires the improvement of the street to `be on
the assessment basis. Paving costs included in the low bid amount to
$87,871.40, and $58,212.37 is the related storm drain cost. An estimated
$40,000 of the paving cost will be assessed against the adjacent property,
with the City's cost estimated to be $55,000, including engineering and
miscellaneous costs. Seven thousand, five hundred dollars is available
in the Horne Street Allotment (Project No. 94-B2-109), 'and it is proposed
to transfer funds from other projects to provide the additional $47,500
required. The $64,000 needed for construction of related storm drainage
improvements is available in the storm drain unspecified projects account,
(Project No. 94-C-901).
� 3
M&C PW-964
April 23s 1962
Page Two
The following recommendations are made:
1) That an ordinance be adppted declaring the necessity for
and ordering the paving of Horne Street from Camp Bowie
Boulevard to Fernander Street; making provisions for levying
assessments; directing the Public Works Department to prepare
estimates of cost; and awarding the contract to Glade Construc-
tion Company on its"low bid of $146.,083.77-
2) That an ordinance be adopted approving the estimates of cost
and amounts proposed to be assessed, and setting May 7, 1962,
as the date for the benefit hearing.
3) That additional funds in the amount of $47,500 be made available
for the balance of the Cityts cost of the paving by transferring
#26,000 from Project No. 94-B2-901, Unspecified Arterial Streets,
to Project No. 94-B2-109, Horne Street, and by a temporary trans-
fer of $21,500 from Assessment Paving, Project No. 94-B4, to the
Horne Street project, to be returned after the 1962 bond sale.
4) That $64,000 be made available for the storm drain cost by
transferring that amount from Project No. 94-C-901, Unspecified
Storm Drains, to Project No. 94-C-114, Horne Street Drainage.
Res ectfully submitt ,
L. P. Cookingham
City Manager
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