Loading...
HomeMy WebLinkAboutOrdinance 5221 i ORDINANCE NO. �Z OFFICIAL pRECORD AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PffDpE4REIARY ING FOR THE IMPROVEMENT OF A PORTION OF LIVINGSTON AVENUE 1r1� •Y _AND PORTIONS OF SUNDRY FT. WORTH,_TEX. STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO S.R.O. ASPHALT; INC. OF ARLINGTON, TEXAS 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 Citv 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. Livingston Avenue: From Ripy Street to Biddison Street, known and designated as Unit No. 1 2. McCart Street: From south property line of Lot 6, Block 68, Seminary Hill Addition to Boyce Street, known and designated av Unit No. 2. 3. McCart Street: From Boyce Street to Spurgeon Street, known and designated as Unit No. 3. 4. PAcCart Street: From Spurgeon Street to Bilglade Avenue, known and designated as Unit No. 4. 5, McCart Street: From Bilglade Avenue to Martin Lydon Street, known and designated as Unit No. 5. 6. McCart Street: From Martin Lydon Street to Yates Street, known and designated as Unit No. 6. 7. McCart Street: From Yates Street to Covert Street, known and designated as Unit No. 7. 8. Devitt Street: From Bryan Street to Stuart Street, known and designated as Unit No. 8. 9. Devitt Street; From Stuart Street to South Jones Street, known and designated as Unit No. `. 10. Devitt Street: From South Jones Street to South Grove Street, known and designated as Unit No. 10, 11. South Jones Street: From Devitt Street to Shaw Street, known and designated as Unit No. 11. 12. South Jones Street- From Shaw Street to Bewick Street, known and designated as Unit No. 12. 13. South Jones Street: From Bewick Street to Biddison Street, known and designated as Unit No. 13. 14. Stuart Street: From Biddison Street to Bewick Street, knotgn and designated as Unit No. 14. nogg—Street:-=--�_ From iJ',ay S Louis Street, d designated as Unit No. 15. 16. Fogg Street: From St. Louis Street to Bryan Street, known and designated as Unit No. 16. 17. Fogg Street: From Bryan Street to Jones Street, known and designated as Unit No. 17. 18. Fogg Street: From Jones Street to North-South Freeway, known and designated as Unit No. 18. 19. Fairpark Boulevard: From Prince Street to Eugene Avenue, known and designated as Unit No. 19. 20. Fairpark Boulevard: From Eugene Avenue to Hathcox Avenue, known and designated as Unit No. 20. 21. Fairpark Boulevard: From Hathcox Avenue to Amspoker Avenue, known and designated as Unit No. 21. 22. Fairpark Boulevard: From Amspoker Avenue to Debbie Street, known and designated as Unit No. 22. 23. Fairpark Boulevard: From Debbie Street to Blalock Avenue, known and designated as Unit No. 23. 24. Fairpark Boulevard: From Blalock Avenue to Blodgett Avenue, known and designated as Unit No. 24. 25. Debbie Street: From Fairpark Boulevard to the east property line of Lot 38, Block 14, Fairview Heights Addition, known and designated as Unit No. 25. 26. Amspoker Avenue: From Fairpark Boulevard to east property line Lot 38, Block. 13, Fairview Heights Addition, known and designated as Unit No. 26. 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. Livingston Avenue: From Ripy Street to Biddison Street, known and designated as Unit No. 1, a 6 inch hot-mix asphaltic concrete surface on a 30 foot roadway. 2. McCart Street: From the south property line of Lot 6, Block 68, Seminary Hill Addition to Boyce Street, known and designated as Unit No. 2, a 7i inch hot-mix asphaltic concrete surface on a 40 foot roadway. 3. 101cCart Street: From Boyce Street to Spurgeon Street, known and designated as Unit No. 3, a 7j- inch hot-mix. asphaltic concrete surface on a 40 foot roadway. 4. McCart Street: From Spurgeon Street to Bilglade Avenue, known and designated. as Unit No. 4, a 7-z inch hot-mix asphaltic concrete surface on a 40 foot roadway. 5. McCart Street: From Bilglade Avenue to Martin Lydon Street, known and designated as Unit No. 5, a 72 inch hot-mix asphaltic concrete surface on a 40 foot roadway: 6. McCart Street: From ;v;artin Lydon Street to Yates Street, known and designated as Unit No. 61 a 71 inch hot-mix asphaltic concrete surface on a 40 foot roadway. 7. McCart Street: From Yates Street to Covert street, known and designated as Unit No. 7, a 7? inch hot-mix asphaltic concrete surface on a 40 foot roadway. S. Devitt Street: From Bryan Street to Stuart Street, known and designated as Unit No, 3, a 6 inch hot-mix asphaltic concrete surface on a 40 foot roadway. 9. Devitt Street: From Stuart Street to South Jones Street, known and designated as Unit No. 9, a 6 inch hot-mix adphaltic concrete surface on a 40 foot roadway. 10. Devitt Street: From South Jones Street to South Grove Street, known and designated as Unit No. 10, a 6 inch hot-mix asphaltic concrete surface on a 40 foot roadway. 11. South Jones Street: From Devitt Street to Shaw Street, known and designated as Unit No. 11, a 6 inch hot-mix asphaltic concrete surface on a 40 foot roadway. 12. South Jones Street: From Shaw Street to Bewick Street, known and designated as Unit No. 12, a 6 inch hot-mix asphaltic concrete surface on,a 40 foot roadway. 13. South Jones Street: From Bewick Street to Biddison Street, known and designated as Unit No. 13, a 6 inch hot-mix asphaltic concrete surface on a 40 foot roadway. 14. Stuart Street: From Biddison Street to Bewick Street, known and designated as Unit No. 14, a 6 inch hot-mix asphaltic concrete surface on a 30 foot roadway. treet: From Mlay Street t ouis Street, kno signated as Unit No. 15, a -mix asphaltic concrete surface on a 30 foot readway. 16. Fogg Street: From St. Louis Street to Bryan Street, known and designated as Unit No. 16, a 6 inch hot-mix asphaltic concrete surface on a 30 foot roadway. 17. Fogg Street: From Bryan Street to Jones Street, known and designated as Unit No. 17, a 6 inch hot-mix asphaltic concrete surface on a 30 foot roadway. 18. Fogg Street: From Jones Street to North-South Freeway, known and designated as Unit No. 18, a 6 inch hot-mix asphaltic concrete surface on a 30 foot roadway. 19. Fairpark Boulevard: From Prince Street to Eugene Avenue, known and designated as Unit No. 19, a 6 inch hot-mix asphaltic concrete surface on a 36 foot roadway. 20. Fairpark Boulevard: From Eugene Avenue to Hathcox Avenue, known and designated as Unit No. 20, a 6 inch hot-mix asphaltic concrete surface on a 36 foot roadway. 21. Fairpark Boulevard: From Hathcox Avenue to Amspoker Avenue, known and designated as Unit No. 21, a 6 inch hot-mix asphaltic concrete surface on a 36 foot roadway. 22. Fairpark Boulevard: From Amspoker Avenue to Debbie Street, known and designated as Unit No. 22, a 6 inch hot-mix asphaltic concrete surface on a 36 foot roadway. 23. Fairpark Boulevard: From Debbie Street to Blalock Avenue, known and designated as Unit No. 23, a 6 inch asphaltic hot-mix concrete surface on a 36 foot roadway. 24. Fairpark Boulevard: From Blalock Avenue to Blodgett Avenue, known and designated as Unit No. 24, a 6 inch hot-mix asphaltic concrete surface on a 36 foot roadway. 25. Debbie Street: From Fair park Boulevard to the east property line of Lot 33, Block 14, Fairview Heights Addition, known and designated as Unit No. 25, a 6 inch hot-mix asphaltic concrete surface on a 30 foot roadway. 26. Amspoker Avenue: From Fairpark Boulevard to the east property line of Lot 33, Block 13, Fairview Heights Addition, known and designated as Unit No. 26, a 6 inch hot-mix asphaltic concrete surface on a 30 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 Port 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 hability of the real and true owners thereof, and shall be payable, to-wit: When the improvements are co_npleted 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 (f), 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%o) 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 RROVIDED 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. 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 Mayor 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 installments in which the assessment is payable, which certificates shall be issued to the City of Fort Worth, shall recite the terms and time of payment, the amount of the assessment, the description of the property, and the name of the owners, as far as known,and shall contain such other recitals as may be pertin- ent 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 there- of, 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 substan- tially 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 wtih 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. 1\o 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 revised Civil Statutes of Texas, and the bid of. S.R.O. Asphalt Inc. of Arlington, Texas , having been found to be the lowest and best bid for the malting and construction of said improvements, the contract therefore is hereby awarded to S.R.O. Asphalt Inc. of Arlington, Texas 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 reeom- mendation is on file with the City, the City Manager, and Cite 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 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 assessment 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 amend- ment 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 improvements 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 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 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 Legislatare'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 effect from and aftek the date of its passage. PASSED AND APPROVED THIS.—____/49 DAY OF� APPROVED AS TO FORM AND LEGALITY: City At arney ------ — - — ---- --- Mr. BroATilee City of Fort Worth, Eexas Hr. NorphisNir. Thelir (5) Mayor and Council Communication DATE REFERENCE SUBJECT:Assessment Paving of 26 Locations PAGE NUMBER 7/27/64 C-339 in South 'Side, Project No. 097-24000!922 lof 3 Petitions have been received for the assessment p-aving of the streets named below with the exception of Units 8 thru 10 - Devitt Street, Unit 18 - Fogg Street, Unit. 25 - Debbie Street, and Unit 26 - Amspoker Avenue, which were initiated by the City (See Attachment 10A1l). On April 7, 1964, bids for the paving improvements were received as follows: BIDDER AMOUNT WORKING DAYS SRO Asphalt, Inc. - Arlington $209,756.35 963 Glade Construction Co. 220,717.05 l63 W. E. Brittaln, Inc. 221,641.30 l63 General Construction Co. 222,720.83 l63 Texas Bitulithic Co. 225,192.90 l63 The project consists of the following: UNIT STREET LIMITS ROADWAY WIDTH R.O.W. 1 Livingston Avenue Ripy to Biddison 301 501 2 McCart Street 3001 south of Gambrell to 401 601 Boyce 3 McCart Street Boyce to Spurgeon 401 601 4 McCart Street Spurgeon to Bilglade 401 601 5 McCart Street Bilglade to Martin Lydon 401 601 6 McCart Street Martin Lydon to Yates 401 600 7 McCart Street Yates to Covert 401 601 8 Devitt Street Bryan to Stuart 401 601 9 Devitt Street Stuart to South Jones 401 601 10 Devitt Street South Jonas- to South Grove 401 601 H South Jones Street Devitt.to Shaw 401 601 12 South Jones Street Straw to Bewick 401 601 l3 South ,Zones Street Bewick to Biddison 401 601 14 Stuart Street Bewick to Biddison 301 601 15 Fogg Street May to St. Loris 301 451 16 Fogg Street St. Louis to Bryan 301 451 17 Fogg Street Bryan to Jones 301 451 98 Fogg Street Jones to N-S Freeway 301 451 l9 Fairpark Boulevard Prince to Eugene 361 601 20 Fairpark Boulevard Eugene to Hathcox 361 601 29 Fairpark Boulevard Hathcox to Amspoker 361 601 22 Fairpark Boulevard Amspoker to Debbie 361 601 23 Fairpark Boulevard Debbie to Blalock 361 601 24 Fairpark Boulevard Blalock to Blodgett 361 601 25 Debbie Street Fairpark to existing paving 5001 to the east 301 401 26 Amspoker Avenue Fairpark to existing paving 500' to the east 301 401 DATE REFERENCESUBJECT:Assessment Paving of 26.Locations PAGE NUMBER 7/27/64 C-339 in South Side, Project No.097-24000-122 2 3 _of T The paving of Jones and Stuart Streets will require the extension of the Devitt Storm Storm Drain and the St. Louis Avenue Storm Drain. The two storm drain projects are located within two blocks of each other and were combined into one contract for convenience in construction and to seek possible economy. The City Council deferred action on this storm drain extension contract (M&C C-302 on June 1, 1964) in order that the storm drainage and street improvement projects could be considered simultaneously. The following is a tabulation of bids received for the construction of the drainage facilities: Devitt Street St. Louis Ave. Total Working 'Bidder Drain Drain Days W.I. Forman, General $10,390.46 $5,288.22 $15,678.68 40 Contractor E.H. Shaw, Contractor 11,669.20 6,752.80 18,422.00 40 Cunningham and Tibbets 11,615.00 7,245.00 18,860.00 40 Glade Construction Co. 13,486.00 7,544.00 21,030.00 40 It is recommended: 1) That Unit 15, Fogg Street, be deleted from the contract for the reasons outlined in Attachment "A". 2) That an ordinance be adopted: a) Declaring the necessity for and ordering the improvements on the streets as specified above; 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 SRO Asphalt, Inc., of Arlington, Texas, on its low bid of $201,756.35, for improvements in the assessment paving project named above. The contract bid price for Unit 15, Fogg Street, will be deleted in the amount of $7,037.50 from the total contract price if recom- mendation number one is approved by the City Councill: 3) That an ordinance be adopted: a) Approving the estimates of cost and amounts to be assessed; b) Setting August-N-, 1964, as the date of the Benefit Hearing. 3 ij 4) That the contract for the construction of the Devitt and St. Louis Avenue storm drain extensions be awarded to W. I. Forman, General Contractor, on the low combined bid of $15,678.68. DATE REFERENCE SUBJECT: Assessment Pavingof 2 Locatio s NUMBER in South Side, Project N 097-24000-122 PAGE 7�27�64 C-339 3 or 3 5. That the following Bond Fund Transfers be approved: AMOUNT FROM TO FOR $104,136.67 097-24000-901 097-2400d-122 To provide for the Cityts Unspecified 26 Locations in portion of construction, engi- South Side neering, and miscellaneous expenses. $117,795.12 Revolving Fund 042-09724-122 To provide for the property 26 Locations in owners portion of the construc- South Side tion coot 11,500.00 097-26000-901 097-26000-145 To provide funds for the con- Unspecified Devitt Street tract, field engineering, and Storm Drain miscellaneous cost. Extension $ 6,500.00 097-26000-901 097-26000-133 To provide funds for the eon- Unspecified St. Louis Avenue tract, field engineering, and Storm Drain miscellaneous cost. Extension JLB:mm The following summaries are attached: Atl achment ttAtt Resume of the paving project At achment ttBtt Distribution of cost and assessments, and result of post card survey Attachment ttCtt Assessment rolls in alphabetical order. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TES(. SUBMITTED BY: DISPOSITION COUNCIL: R-APPROVED PROC HER (DESCRIBE) SSED BY %J7 6 CITY SECRETARY MANAGER Z DATE CITY ��Q 6�