HomeMy WebLinkAboutOrdinance 4730 ORDINANCE NO. �/ Q
AN ORDINANCE DETERI:IIJIITIG THL NTHCESSITY FOR 'ND Ofii L!INv .',a
PROVIDING FOR THIE IP.IP :GVEI.iENT OF PORTIOid OF :TILL_:R .,VE1JUE-
Oar;IA`1:r' :MUL''V.',,D .'.: PORTIONS 07 SUP:T;i?Y OitI,-R 3TRE'__TS, AVENUES
AND PUBLIC PLACES IN THE CITY OF FORT '.,ORTH, TE:,tS; LETTING
CONTP,ACT TO '. ORTII C OiISTRUCTIO'I C OL:P.4P,IY FO:: THE P,1%KING :;ND
Coll'isTRUCTIC ' OF SUCH II,I_:OVEi,J ITrS AND AUTH01=ING ITS E ECL7ION;
llvkKING APPROPRIATIONS FOR THE PU2POSE OF PAYIHG THE INIDEBTEDi1E5S
THE;EBY INCUiRi`=; MAKING PROVIS ONS FO:; THE LEVYING OF ASSESS,JNEITTS
AG:'',INST ABUTTING PROPERTIES ,'.PJ THE 0.'iiz:1S THEREOF FOR ;i P;`.RT OF
TIT COST OF SUCI-IIi i-dT� :-.1I:' { I-"� , ICE Cl,` A3:IGNABL_= C_.R-
TIFICATES IN EVIDEidCE OF SUCH :",SaESS1 EI'L S: '>'I:'.EC1II1 THE PU?LIC
0RKS DIRECTOR OF THE CITY TO F iFP.:RE ESTI,':I'kTES: DIRECTING THE
CITY SEC:ET..RY TO FIL< NOTICE 6,IT !,L1:_,rTION Or THIS 0'ia INr.NCE 7111ITH
TfiE COUNTY CLE,,K OF TAR_L.',NT COUNTY, TE::AS: DT:=',RING THi1T THIS
ORL'I;U.idCE .IIT; ALT >U'ScQUctll y E DINGS it L",TI i . 10 -AIT-,
STREET
TPaPiOVEI NI _-,,E ;Mil SHALL DE PURSUANT TO THE :ACT OF THE FIi;ST
CALLET, SESSIOGI OF THE FORTL'T1i LEGISLITURE OF THE STATE OF T =:AS,
CHAPTER 106, COP:li.:ONLY ;1N40.;7! IlS ITICLE 1105b OF VERNON'S TEXAS
CIVIL STATUTES: AN DIRECTTM TIE CITY SECRET.':?Y TO ENGROSS AND
ENROLL THIS O.=L'INCE r'Y CO' YING TII, •_;:,PTTOPI OF __AME IN THE i:'.IIXYE
BOOK OF TIME CITY COUNCIL BY FILING THE COI=PLETE ORDINANCE III
THE :'�PPROPRI:JE ORDIN.',NCE RECORDS OF THI:i CITY; AND P DOVI 'IN(3 AN
EFFECTIVE DATE.
, E"i2EAS, the Public '. orks Director for the City of Fort ';'orth, 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 '.forth, Texas, and same having been
examined by the City Council of the City of Fort .orth, Texas and found to be in all matters
and things proper, NO:I, TH_YEFO:E:
BE IT ORDAINS% BY THE CITY C GUHCIL OF TIE-: CITY OF FOi,T '01711, TE'.,AS, 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 •7orth, Texas,
1. ;Miller-Oakland From Rosedale Street to the north line
of Lot 1, Block 4, Eastover Addition,
known anc: designated as Unit No. 2.
2. b',iller-Oakland From Eurton Street to the north line
of Lot 1, Block 4, Eastover Ac'dition,
kno,.,„n and desigantec' as Unit No. 3.
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 anc filling same
and by constructing thereon the following, to-wit:
1. f:'iller-Oakland Unit No. 2 and 3, 7” Reinforced Concrete
pavement on a 60' roaceay.
The above, tocether with combined concrete curbs and gutters on proper grade and line
where same are not alreacy so constructed, together with storm sewers and trains and
other necessary incidentals and appurtenances; all of said improvements to be constructed
as and c;here shown on the Plans and Specifications therefor.
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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-tenths (9110ths) of the estimated cost of the
remainder of such improvements.
B. The City of Fort -eVorth 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 particul<
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 improve-
ments 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 principal with
interest accrued to the date of payment, and further provided if default be made in the pay-
ment of any installment promptly as the same matures, then at the option of the City of Fort
Horth 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 and hearing
as provided 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 execu-
ted in the name of the City of Fort ;°forth, PROVIDED, however, that acting through its duly
authorized Director of Public 'forks, 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 com-
pletion and acceptance by the City of the particular unit, PROVIDED FURTHER, 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 Arorks has previously
determined that an extreme financial hardship upon the property owner will otherwise result;
and PROVIDED FURTHER, 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 have
executed and delivered to the City of Fort :dorth, a lawful, valid and binding note and mechanic
and materialmants contract upon forms supplied by the City granting a mechanists 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 YAyor 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 there•
to 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
Werth, shall recite the terms and time of payment, the amount of the assessment, the descrip-
tion of the property, and the name of the owners, as far as known, and shall contain such othe:
recitals as may be pertinent thereto, and shall further recite substantially that all proceed-
ings 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
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matters so recited, and no further proof shall be required in any court, and the said certifi-
cates 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 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 re-
vised Civil Statutes of Texas, and the bid of dorth Construction Company, having been found
to be the lowest and best bid for making and construction of said improvements, the contract
therefor is hereby awarded to o-iorth 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 contract in the name of the City of Fort
Worth, Texas, and to impress the corporate seal of the City thereon, the said contract embrac-
ing, 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 cur-
rent 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 '+dorth, Texas, and under which law those proceedings are taken
and had.
IX.
Each unit above described shall be and constitute a separate and indepen-
dent 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.
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 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, 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 tho
year 1930, and now being shown as Article 1220a of Vernon's Texas Civil Statutes.
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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 Couhail and by filing the comple'
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.
<•r
PASSED AND APPROVED THIS day of , 196 �.
APPROVED AS TO FORM AND LEGALITY:
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City
S" r tRry c��G j
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YE1,z 3.
NOTICE 1, d .2 ,O
A 4&— .,V
?, _
THE STATE OF TEXAS 4
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
Hill.arr Ave m"ekland Damm yard.
portion of
in the City of Fort 'North, 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: Fra& Barton Straw to 8066dA10 StrrPOL, kM= and
dwipfatad as IInits Bs. 2a and 3.
IN TESTIMONY VAiEREOF, the City of Fort Worth has caused this
instrument to be executed in its behalf and signed by its Mayor, this V
day of er,✓ , A.D., 196Y .
CITY OF FORT WORTH
BY dUAAAJ��'
'A ,
w City SerieLtary
ux
STATE (* TEkAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the
State and County aforesaid, on this day personally appeared Mr. John S. Justin, Jr.,
known to 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.
GIVEN UNDER MY] HAND AND SEAL OF OFFICE, this the j'(e O day
o fc i oo,6�.CJ , A.D., 19 G✓.
O No ary Public in arid for
Tarrant County, Texas
STATE OF TEXAS
WUNTY,OF,TARRANI'
L MRS.MELVIN"MEL"FAULK,Clerk County Court of Tarranf
�,oum,ty,Tete13, do hereby certify that the above and f egoing
Instruitent witl�j its certificate of authentication w d for
"gfatra• fa my. office NOV 2 12E 19� a
o'clock and duly recorded oill„Q�,19J a 3
o'clo U is VoLIaL Page_ of reco of„„ „t,
for said County.
Wr'PNESS my hand and seal of offi e, at rt Worth the day;
SLud date last above written.
MRS. ME N ' L" FAULK
Clerk County urt arrant Countys Tesaf
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CITY OF FORT WORTH, TE�XA Y OF FORT ®,L�T,I-d Pr- -4heurl
THE SUBJECT MATTER OF THIS M.& C.C. TEXAS
WAS P �S'' T � TO THE CITY COUNCIL
11-OCT 1 1962
AgwormOFFICE OF THE CITY MANAG R Communication to Mayor and Council No. PW-1304
23r2Y #A*A fCW AMW11L b@48dVA&
-no=Iftv'a. — 0 toner 1, 1962
City Sec etary
Honorable Mayor and Res Widening and Paving
Members of the City Council Miller Ave.-Oakland Blvd.
City of Fort Worth Project 94-B3-2 CIP-A-35
Mrs. McKnight and Gentlemen:
The 1962 Capital. Improvement Program provides for construction of Contract
No. 2 of the -widening and improvement of Miller-Oakland Boulevard, from
Rosedale to Burton Street. On August 21, 1962, the following bids were
rece�veds
Bidder Amount Bid Working_ Times
Worth Construction Co. $2259814.67 200 days
Texas Bitulithic Co. 2299976.23 200 days
Based on the low bid, the property owners will be assessed $259922.46
and the City will pay the remaining $1999892.21. Funds are allotted in
Project No. 94-B3-29 Miller-Oakland Improvements, for this purpose.
The 'following recommendations are mades
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`Dept-
ment to prepare estimates of cost and amounts to be
assessed; awarding the contract to Worth Construction
Company on its low bid of $2259814.67; and making appro-
priations to cover the indebtedness thereby incurred 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 159 19629 as the date for the benefit hearing.
3. That the following bond fund transfers be approveds
AMOUNT FROM TO FOR
$259922.46 Assessment Paving Revolving Fund Re- Property owners
Revolving Fund serve for assess- assessment
ment paving Project
94-B3-2
Res ct.f ly submi ted,
L. P. Cookingham
LPC:bp City Manager