HomeMy WebLinkAboutOrdinance 5122 OFFICIAL RECORD
ORDINANCE NO.�1� 2 CITY SECRETARY
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING ANiQ,Yd�H, TLA.
ING FOR THE IMPROVEMENT OF A PORTION OF-
-_
F r' SIU
—_-_.,___Ht M S AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS;
LETTING CONTRACT TO XMFPS CONS"MOTION 0 A 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:
1. MMM STREET: FROM VALENTINE STREET TO GEDUM AVFM, KNOWN AND DESIGNATPD AS
UNIT N0. TWO.
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:
1. HULEN STREET: UNIT NO. TWO, A 7" REINFORCED CONCRETE MWIENT KITH 711 CURB
AND 21 GUTTER ON A 60 FOOT 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 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 on the unit upon which the
particular property abuts at the rate of six (6%) 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 as the 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.
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 effectrroom,,and after the date of its passage._
PASSED AND APPROVED THIS __ __ DAY OF ���� `Z 19
APPROVED AS TO FORM AND LEG_'>.LITY:
c-,
City Attorney
City of Fort Worth, Texas ti
Mayor and Council Communication
4
DATE REFERENCE SUBJECT: PAGE
NUMBER
3/2/64 C-250 Hulen Street Widening and Paving Iof . 2
The 1964 Capital Improvement Program provides for the paving and extension
of Hulen Street in two units from Geddes on the north to south of the Clear
Fork of the Trinity River. Improvement to Hulen Street south of the West
Freeway, including construction of a bridge over Vickery Boulevard, the
Texas and Pacific Railroad yards, and the Trinity River, is included among
projects to be financed from street improvement bonds authorized in 1958.
In accordance wit1t.bhe 1964 Zgpital Improvement Program, bids have been re-
ceived for the widening and paving of Hulen Street from Geddes south to
Valentine Street, as follows:
Bidder Amount Working Day
Worth Construction Company $ 111,869.54 75
Texas Bitulithic Company 113,653.20 75
The amount of the low bid plus engineering and miscellaneous expenses is
$123,056.49. Approximately $8,990.67 will be assessed against the abutting
property owners, and the cost to the city-at-large will be approximately
$114,065.82.
City Council action on the following recommendations is requested:
1. That an ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Making provisions for the 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 Worth Construction Company on its low
bid of $111,869.54 and making appropriations to cover the in-
debtedness thereby incurred for improvements of the project
named above.
2. That an ordinance be adopted:
a) Approving the estimates of cost and amounts prop,
CIAL REITE .
b)'. Setting March 16, 1964, as the date for the BeneM
WORTH,
DATE REFERENCE SUBJECT: PAGE
NUMBER
3/2/64 C-250 Hulen Street Widening and Paving -9 of 2._
3. That the following Bond Fund Transfer be approved:
Amount From TO, - Purpose
$8,990.67 Revolving Fund Revolving Fund Property Owners
Reserve for portion of
Project No. construction
042-24000-901
JLB:GA
Attached are the following summaries:
Attachment "A" Resume of the project
Attachment "B" Distribution of cost and assessment; result of
postcard survey.
Attachment "C" Assessment rolls in alphabetical order.
i
OFFICIAL RECORD
SUBMITTED BY: DISPOSITION BY COUNCIL:
aA}�OVED ER (DESCRI E)��T'� S ED BY
SE RETARY
CITY MANAGER
a2 /6
ATTA131,1E T "A"
Page 1 of 1
CITY OF FORT tiJORTH
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
ASSESSMENT PAVING
HULEN STREET
PROJECT 094-23000-124
RESU4E'OF THE PROJECT
The Public Works Department conducted a Neighborhood Hearing at the Brooklyn
Heights Elementary School on February 10, 1954, for the assessment paving of
Hulen Street, Project 094-23000-124, from Valentine Avenue to Geddes Avenue.
Ten persons attended the hearing. It was explained to those present that the
Nulen Street improvements were approved by the general public in the bond
election of 1958. An explanation was given of the over-all assessment paving
program, the type of paving to be used and the City's and property owners'
portion of the paving costs.
The owner of lots 11 and 12, Block 18, Factory Place Addition, was not opposed
to "',le improvements; however, he protested the assessment on the basis that
his property is zoned B-2 family residential. A furniture manufacturing
facility is presently located on the site and was there before the City annexed
the property. Although it is zoned residential, it is in fact being used as
"I" T_i,7ht industrial. The property is being assessed in accordance with City
policy ,chick states that property zoned residential and containing a non-con-
formin,* commercial usage shall be assessed as commercial property.
The owner of a tract out of the Samuel I. Inman Survey, which is the first
parcel of property on the west side of Hulen Street beginning at the south
limit, stated she was in Mexico at the time right-of-way negotiations were
being transacted and that the transactions had not been completed for the
purchase of her property. This matter was turned over to the City Land Office,
which is 7re;3er_tly negotiating the right-of-way purchase.
OFFICIAL RF�g
CITY SEfiAR�
FT. Wag .
Attachment "B"
Page 1 of I
HULEN STREET
PER
CENT
CONTRACTPRICE............................................................................................................$ 1119869.54
ENGINEERING .............................................................................................................. 119186.95
ESTIMATED CONSTRUCTION COST................................................................................................................$1238 056..49 10000
RESIDENTIAL FOOTAGE................................ 19759013 8194
9
COMMERCIAL FOOTAGE............ .............. 402097 1806
TOTAL FOOTAGE......._.................................. 29162olO 10000
RESIDENTIAL ASSESSMENT......................................................$ 189242018 8104
COMMERCIAL ASSESSMENT........................................ .. ...... 49178.80 1806
GROSS AMOUNT ASSESSED......................_.................................._....................._....i 229420098 1802
LESS CREDITS GRANTED...._.............................................. ........................................... 13943Oo31 1009
TOTAL NET ASSESSMENT....._............._.................. _............... 80990067 7 3
NET AMOUNT PAID BY CITY AT LARGE........................ ... ................. ......................... ................._._...$ 1149065.82 9207
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR NO OBJECTION AGAINST
TOTAL PETITION PAVING SUBMITTED
SUBMITTED PAVING
NO. OF FRONT FEET 29162010 2` 7,.9 a 19617,9 13 265,E 0
PER CENT 10000 1208 7500 102
PARCELS OF PROPERTY 20 e3 14 3
PER CENT 10010 15,0 70,0 15"0"`"0
NO. OF PROPERTY OWNERS 14 2 10 2
PER CENT 10000 1403 7104 14,3
OWNERS LIVING ON STREET 7 1 4 2
PER CENT 100.0 1403 5701 2806
OWNERS LIVING ELSEWHERE 7 1 6 0
PER CENT 10000 1403 85,7 0.0
19178.6 feet City owned property not included,
L.'
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FORTH, TEX,
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