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HomeMy WebLinkAboutOrdinance 4720 ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF .KILPATRIC AVENUE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO W. E. BRITTAIN.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 OTMERS 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 SEDRETARY TO FILE.A NOTICE OF ADOPTION. OF THIS ORDINANCE WITH THE COUNTY. CLERK OF TARRANT COUNTY,.T X S; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING. TO SAID STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE.FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TiAS, 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. jgHEREAS, the Public Works Director for the City of Fort North, 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'.. TH i i ORE: 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 des- cribed portions of streets, avenues and public places in the City of Fort TIorth, Texas, to-wit: 1. Kilpatrick Avenue From Horne Street to Faron Street, known and designated as Unit No. 1. 2. Farnsworth Avenue From Littlepage St. to Horne Street, known and designated as Unit No. 2. 3. Blackmore Avenue From Faron Street to Bourine Street, known and designated as Unit No. 3. 4. Blackmore Avenue From Littlepage St. to Guilford Road, known and designated as Unit No. 4. 5. Blackmore Avenue From Hervie Street to Provose Street, known and designated as Unit No. 5. 6. Bonnell Avenue From Merrick St. to east end of street, known and designated as Unit No. 6. 7. Humbert Avenue From Horne Street to Guilford Road, known and designated as Unit No.. 7. b. Boland Street From West 4th St. to Bristol Road, known and designated as Unit No. 8. —1— • w v Each of the above described portion 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. Kilpatric Avenue Unit No. 1, ljtt hot-mix asphaltic concrete surface on 7" cement stabilized gravel base on a 36t roadway. 2. Farnsworth Avenue Unit No. 2, lift hot-mix asphaltic concrete surface on 7" cement stabilized gravel base on a 36t roadway. 3. Blackmore Avenue Unit No. 3, lift hot-mix asphaltic concrete surface on 7" cement stabilized gravel base on a 36t roadway. 4. Blackmore Avenue Unit No. 4, 1j" hot-mix asphaltic concrete surface on 7" cement stabilized gravel base on a 36t roadway. 5• Blackmore Avenue Unit No. 5, 1j" hot-mix asphaltic concrete surface on 7" cement stabilized gravel base on a 36t roadway. 6. Bonnell Avenue Unit No. 6, ljtt hot mix asphaltic concrete surface on 7" cement stabilized gravel base on a 36t roadway. 7. Humbert Avenue Unit No. 7, ljtt hot-mix asphaltic concrete surface on let cement stabilized gravel base on a 36t roadway. 8. Boland Street Unit No. 8, lilt hot-mix asphaltic concrete surface on 71t cement stabilized gravel base on a 30t roadway. The above, together with combined concrete curbs and gutters on proper grade and line where same are not already so constricted, together with storm sewers and drains and other neces- sary incidentals and appurtenances; 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 deducting 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 as follows, to-wit: When the improvements are completed and accepted by the City on a particular unit, the sums assessed against roperty abutting upon such completed and accepted unit shall be and become payable in five V 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 comple- tion 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 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 pay 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 de- fault 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 -2- specifically provided that no assessment' shall, in any case be made against any property or any owner thereof in exP655 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 ascer- tained at the hearing provided by ,the law in force in the City, nor shall any assessment be made in any case until after notice and hearing as provided by law, Said assessments against the respective lots and parcels of property and owners thereof shall be evidenced by certifi- cates of a special assessment which shall be executed in the naune of the City of Fort Worth, PROVIDED., however, that acting through its dul- y authorized Director of Public vv'orks, the City of Fort Worth retaining the right to authorize payment of the sums assessed against abutting property upon such completed 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 par- ticular unit, PROVIDED FURTHER, thAt such method of payments shall be authorized only in in- stances 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 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 by certificates Of special assessment, which shall be executed in the name of the City by the Mla7 or 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 install- ments in which the assessment is payable, which certificate",- shall be issued to the City of Fort Worth, shall recite the terms and time of payment, the amount of the assessment, the des- cription 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 i�ith reference to the making of such improvements have been regularly had in com- pliance with law, and that all prerequisites to the fixing of the assessment lien against the property described in said certificates and the personal ability of the m. have and performed, and such recitals shall be prima facia evidence of been regularly had, done ai li e xne 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 install- ment 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 attorney7s 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 pro- perty, 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 and 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. Vi. Bids having been advertised for as required by Article 1105b of the revised Civil Statutes of Texas, and the bid of W. E. Brittain, having been found to be the lowest and best bid for the making and construction of said improvements, the contract thereforeis hereby ,d in the proposal of said company and as awarded to W. E. Brittain, at and for the prices state I 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 contract in the name of the City of Fort Worth, Texas, and to impress the corp :rate 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, Texcas, 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 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 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. i�. 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 bene- fits 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 0:0 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 owners, 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, Texaz, 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 Foftp 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 Article 1220a of Vernonts 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 , 195 APPROVED AS TO FORM AND LEGALITY: r City Attorney -4- CITY OF FORT WORTH CITY OF'FORT WORTH, TEXAS TEXAS THE SUBJECT MATTER OF THIS M.&C.C. WAS PRESENTED TO THE CITY COUNCIL SEP 17 19%FICE OF THE CITY MANAGER Communication to Mayor and Council No. PW-1265 A10 WAS [I APPROVED .ard. "0. 720 d iari n *1V mid orderivt AviM. o*4 C (Ift. 142-94 a$ chat,* fOr bWMlftt 1149MM. ^u loved tadizi fuiO trawr4rs. September 17, 1962 ity Secretary Honorable Mayor and Re: Assessment Paving at Eight Members of the City Council Locations in Arlington Heights, City of Fort Worth Project 97-B4-1 CIP .A-117-119 Mrs. McKnight and Gentlemen: On August 21, 1962, the following bids were received for assessment paving at eight locations in Arlington Heights, Project 97®B4-1: BIDDER BID QUOTATION WORKING DAYS 19. E. Brittain $770891.98 64 Glade Construction Co. 822112.57 64 R. W. Gibbins, Inc. 85,181.23 6.4 General Construction Co. 88,363.33 64 Texas Bitulithic Co. 91,302.71 64 The project is composed of streets on which petitions have been received and which are included in the 1962 Capital Improvement Program. These streets are as follows: STREET NAME LIMITS ROADI�)TAY WIDTH Kilpatrick Avenue Horne St. to Faron Street *36 Feet Farnsworth Avenue Littlepage St. to Horne Street *36 Feet Blackmore Avenue Faron Street to Bourine Street *36 Feet Blackmore Avenue Littlepage St. to Guilford Road %`36 Feet Blackmore Avenue Hervie Street to Prevost Street -%`36 Feet Bonnell Avenue Merrick St. to east line Lot 4, Block 69, Chamberlin Arlington Heights Addn., 2nd Filing %~36 Feet Humbert Avenue Horne Street to Guilford Road 36 Feet Boland Street W. 4th Street to Bristol Road 30 Feet -These streets are recommended for 36 foot roadways to conform with the present roadway widths and existing improvements. These streets have an 80 foot right-of-way and the existing pattern in this area is for a 36 foot roadway (M&C C-187). M&C PW-1265 Page Two September 17, 1962 The following recommendations are made: 1. That an ordinance be adopted declaring the necessity for and ordering the improvements; making provisions for the levying of assessments; directing the Public Works Department to prepare estimates of cost and amounts to be assessed; awarding the contract to W. E. Brittain on its low bid of $77M1-98; and making appropriations to cover the indebtedness thereby in- curred for improvement of the streets named above. 2. That an ordinance be adopted approving the estimates of cost and amounts proposed to be assessed; and setting October 1, 1962, as the date for the benefit hearing. 3. That the following bond fund transfers be approved: AMOUNT FROM TO FOR $26,504.73 97-B4-901 Unspecified 97-B4-1 Eight Cityls construc- Assessment Paving Locations in tion and engineer- Projects Arlington Hts. ing cost $57,387.25 Assessment Paving Revolving Fund Property owners Revolving Fund Reserve for . : assessment assessment pav- ing Project 97-B4-1 Re-9PectfullY submitted, L PC mm I Co Agham C City Manager