HomeMy WebLinkAboutOrdinance 3021 ORDINANCE ANCE N0. '
AN ORDINANCE DETE111 IN III G THE NECESSITY POR AND ORDER-
ING THAT PORTIONS OF LAKAR, BURNETT, CH22RY,,FLORENCE,
WEST BELKNAP, WEST BLUFF, LEXINGTON, EAST FIRST, GROVE,
AND PECAN STREETS IN TIS` CITY OF FORT WORTH:, TEXAS,
WITHIN TIM LIMITS HEREIN DEFINNED, BE IMPROVED;;PROVIDING
THE MANNER TN WHICH THE COST OF SUCH IIJPROVEMENTS SHALL
BE PAID; DIRECTING THE, CITY ENGINEER TO PREPARE AND FILE
PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; DIRECTING
THE CITY SECRETARY TO FILE A NOTICE OF THE ADOPTION OF
THIS ORDINANCE WITH THE COUNTY CISF�K OF TARRA T COUNTY,
TEXAS; AND ;DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT
PROCEEDINGS RELATING TO SUCH IMPROV2E'NTS'ARE AND SHALL
BE,PURSUANT TO THE AOT OF TI FIRST-CALLED SESSION OF THE
FORTIETH LEGISLATURE OF TIDE STATE OF TEXAS, CHAPTER 106,
00i'iMONLY KNOWN AS ARTICLE 1105b OF TIM, V=TON'S STATUTES
OF TEXAS.
WHEREAS, the City Council of the City of Fort Worth, Tess, has de-
termined that a public necessity exists for and has decided to order the
improvement of the hereinafter described portions -,of streets- in the City
of Fort Worth in the manner hereinafter provided; ;THEREFORE,
BE IT OBDAIN.ED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, ;TEXA,S.-
SECTION 1.
That there exists a public necessity, and said City Council does here-
by determine that it is necessary to permanently improve the following
described portions of streets within the City of Fort Worth, Texas, as
follows, to grit:
LAMAR STREET: from the northerly line of West Weatherford Street to the
southerly line of West Belknap Street; known and designated as Unit No. 1.
BURNETT STREET: from the northerly line of West Weatherford Street to the
southerly line of West Belknap Street; known and designated as Unit No. 2.
CEXURZ STREET: from the northerly line of West First Street to the southerly
line of West Belknap Street, save and except the intersection of West
Weatherford Street; known and designated as Unit No. 3.
FLORENCE STREET: from the northerly line of West First Street to the
southerly line of West Belknap Street, save and except the intersection of
West Weatherford Street, known and designated as Unit No, 4
WEST BELKNAP STREET: from the westerly line of Henderson Street to the
easterly line of Lexington Steeet, known and designated as Unit No. j.
WEST BLUFF STREET: from the westerly line of Henderson Street to the
easterly line of Lexington Street; known and designated as Unit No. 6.
LEXINGTON STREET: from the northerly line of West First Street to the
northerly line of West Bluff Street, save and except the intersection of
West Weatherford Street; known and designated as Unit No. 7.
EAST FIRST STREET: from the easterly line of Jones Streettothe westerly
line of Hampton Street; known and designated as Unit No. 8.
GROVE STREET: from the northerly line of East Fourth Street to the south-
erly line of East Bluff Street, save and except the intersections of East
Second Street, East First Street, East Weatherford Street, and. East Belknap
Streets known and designated as Unit No. g,
PECAN STREET: from the northerly line of East fourth Street to the south-
erly line of East :Bluff Street, save and except the intersections of East
Second Street, Bast First Street, East Weatherford Street, and East Belknap
Streets known and designated as Unit No. 10.
SECTIO3 2.
That there is hereby ordered that said streets within the limits here-
inabove described shall be improved by raising, grading, filling, widening,
permanently paving or 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 City Engineer, said permanent paving to consist of the construction
of an adequate searing surface upor 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 as provid—
ed
rovid--ed. for in the plans and specifications therefor, to be prepares, by said
City Engineer as hereinafter lirected, and, as shall be approved and adopted.
by the City Council. That the area, of the above street within the limits
above defined lying between and -under rails; double tracts, turnouts and
switches, anal two feet on each side thereof, of any railway, street rail—
way or interurban using, occupying or crossing said street within the
limits defined shall be improved with each typo of construction ad of such
material or materials and to such specifications and st udard_s as said City
:engineer may deem adequate and suitable therefor, whether the improvements
in such area be of the same construction and materials adopted for the other
area of said street or not.
SECTION 3
That in providing for and making such improvements, said City Council
deems it advisable and hereby determines to proceed_ under and in the exer—
cise of the powers, terms :n? vrovisions of Chapter 106 of the acts of the
:First—Called Session of the Fortieth Legislature of the tete of Texas,
which is !mown and shorn as Article 1105b of the Revised Civil 'Statutes of
Texas, 1925, as amended, and as adopted by the City of Fort Worth as Sec—
tion 17, Chapter XXIII, of the Charter of said City.
SECTION 4.
That the City Engineer is hereby directed to forthwith prepare and
file with the City Council_ complete plans and specifications for such im—
i rov ea eats.
SECTION 5
That the cost of said improvements shall be paid for as follows, to
wit;
(a) The cost of constructing, reconstructing or repairing said im—
provements within the area between rails, tracks, double tracks," turnouts
and switches, and two feet on each side thereof, of any railway, street
railway or interurban using, occupying or corssinE such street or any por—
tion thereof hereby ordered imDroved shall be paid by the respective owners
thereof and assessed against such railway, street railway or interurban and
its roadbed, ties, rails, fixtures, rights and franchises and the real and
tore owners thereof in the manner provided by the said Act of this Fortieth
Legislature of the State of Texas (1927) above identified.
(b) The property abutting on the above defined portions of Lamar,
Burnett, Cherry, Florence, ';rest Belknap, West Bluff, Lexington, Fest First,
Grove, and Pecan Streets and the real and true owners thereof shill pay all
of the cost of the curbs and �attors in front of their respective property
and not exceeding nine—tenths (9r`10ths) of the estimated cost of the remainder
of such improvements, exclusive, however, of the amount thereof herein specified
to be paid by the owners of any railway, street railway or interurban as
set out in subsection (a) above.
(c) 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 any railway, street railway 4r interurban and by the abutting
properties and the real and tr e owners thereof, as set out above in sub—
sections (a) and (b) respectively®
That the amounts payable by the abutting properties and the real and
true owners thereof shall be assessed against such properties and the real
and truss owners thereof and, shall constitute a first and prior lien upon
such properties and a, personal liability of the real and true owners those-
of, and shall be payable as follows, to wit:
When- saadd improvements are completed 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 installments, due rest'ectively 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 silo per cent (Q) per annum, payable annually; provided,
however, that the owners of said property shall have the privilege of pay—
ing any one of or all of such installments at any time before maturity there—
of by paying the total :.mount of principal dui;, together with interest ac—
crued to the date of payment. Further, if default be made in the payments
of any of said installments of principal or interest promptly as same ma—
tures, 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 im—
mediately due and payable, together with reasonable attorney's fees and
collection costs, if incurred. However, it is specifically stiDula.ted and
provided that no assessment shall in any case be made against any property
or the real and true owners thereof in excess of the special benefits to
accrue to such property in the enhanced valve thereof resulting from said
improvements.
SECTIOZ
That in the levying and making of said asseswments, if the name of
any owner be unknown, it shall be sufficient to so state the fact, and if
any .property be owned by an estate or 17 any firm or corporation, it shall
be sufficient to so state, and it shR!l not be necessary to give the cor-
rect name of any owner, but the real and true o,,,Tmer .of the property mentioned
shall be liable and the assessment against the Dropert7 OKI be valid.
L
whether or not such owner be _arced or correctly names. Further, the omis—
sion of FOU improvements in front of any parcel of property exempt from
the lieu of such assessments shall in nowise affect or impair the validity
of the assessments against the other abutting property in such ;street.
SECTION 7.
That the City Secretary is hereby directed to cause to be prepared
a. notice of enactment of this ordinance and to file said notice with the
County Clerk of Tarrant County, Texas, among the Mortgage Records of said
coa ty.
SECTION 8.
That this ordinance shall take effect and be in full force and ef—
fect from and after the date of its passage, and it is so ordained.
APPROVED AS TO FOR14 AND LEGALITY;
City Attorney
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PRELIMINARY ESTIMATE OF COST
For Permanent Type Paving, Assessne nt Basic, for Lamar,
Burnett, Cherry, Florence, Belknap, Bluff, Lexington,
First, Grove, and Pecan Streets, per City Council action
of June 18, 1952.
ITEMUQ ANTITY UNIT PRICE AMOUNT
Uncl. Excavation 15,000 C.Y. $1.25 018,750.00
Curb and Gutter 12,600 L.F. 2.00 25,200.00
Std, 2' Gutter 6,$00 S.F. 0.50 3,400.00
Std. 5t Inlets 11 Ea. 250.00 2,750.00
Std. 18" Cone. Pipe 60 L.F. 4,00 240.00
Std. 5" Sidewalk 4,251 S.F. 0.50 2,125.5 0
Std, Driveway Approach 1,000 S.F. 0.50 500.00
Removing Stone Curb 3,300 L.F. 0.15 495-00
" Conc. It 3,200 L.F. 0.15 480.00
"
it Gutter 650 S.F. 0.15 97.50
It Walk 42000 S.F. 0.15 600.00
" Driveway Approach 1,000 S.F. 0.15 150.00
" 5' Inlets 1 Ea. 50.00 50.00
" 31 n 9 Ea. 35.00 315.00
" Brick Gutter 350 S.F. .15 52.50
" 1 x 2 Box Culvert 1 Ea. 10.00 10.00
" 12" x 15" Wood Box Culvert 1 Ea. 10.00 10.00
Adjust Manhole Covers 35 Ea. 20.00 700.00
Sub-Total $552925.50
ALTERNATE TYPES OF PAVING
1;12:" Asph, Conc. Surface 30,500 S.Y. 0.85 25,925.00
6" Reinf. Conc. Base 30,500 S.Y. 3.90 118.950.00
Sub-Total Paving 144,875.00
7" Reinf. Conc. Pavement 30,500 S.Y. 4.75 11 .875.00
Total Cost 200,800.50
R.R. Crossing 134 S.Y. 30.00 4,020.00
Total Estimated Cost $204,820.50
Property Owners Assessment 40' Roadway
Curb 2.00 $2.00
Excavation 0.778 C.Y. x 1.25 = 0.98) 90% 9.43
Paving 2.000 C.Y. x 4.75 = 9.50)
01.1.43
$11.43 x 11,901 ft. $136,028.43
Less Credit for Curb 3,945.00
,$132.,083.43
Property Owners Assessment-30' Roadway
Curb 2.00 $2.00
Excavation 0.5926 C.Y. @ 1.25 = 0.74) 90% 6.84
Paving 1.444 S.Y. @ 4,75 = 6.86) •
$8.84
$8.84 x 2,445 ft. $21,613.80
Less Credit for Curb 445.00
$21,168.80
Property Owners Pay $153,252.23
R.R. Crossing 4,020.010
City Pays $47,548.27
W.W.M. 12-29-52