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HomeMy WebLinkAboutOrdinance 828 On this the 18th day of April, A. D. 1922, the City Commission of the City of Fort Worth, Texas, was convened in regular session, with the Mayor and all of the Commissioners and City Secretary present, when the folloviir_g proceedings, ariong ethers, were had, to—wit: Cormissioner Gilvin introduced s.n ordinance titled "AN ORDIXA TCE CO TFIRIIIITG CONTRACT BETWEEN THE MAYOR OF THE CITY OF FORT WORTH AND THE GENERAL COYSTRUCTION COMPANY, OF DATE APRIL 1ST, 1922, FOR THE LAYING AND CONSTRUCTION OF ROCK ASPHALT SURFACING OF 25TH STREET BETWEEN ITS IIdTERSECTI0IT TITH THE WEST LINE OF NORTH ITAIN STREET TO ITS INTERSECTIOU WITH AZLE ROAD, THEN AZLE ROAD TO THE CITY LIMITS; DIRECTING THE ISSUA110E TO THE GENERAL COYSTRUCTIOU COMPANY OF WARRANTS OF THE CITY OF FORT WORTH IN All Ai1'TOUITT NOT TO EXCEED THIRTY THOUSAND ($30,000.00) DOLLARS, BEARING DATE APRIL 1ST, 1922, BEARING INTEREST AT THE RATE OF SIX PER CEITT. (6%1 PER AITNum, PAYABLE S: .4I—AN11TUALLY, AND :MATURING SERIALLY APRIL UT OF EACH OF THE YEARS 1924 TO 1928, IECLUEIVE; PROVIDIAiG FOR TEE LEVY OF All AUTTUAL TAX ON EACH ONE HUNDRED DOLLARS' VALUATION OF TAXABLE PROPERTY IIT THE CITY OF FORT WORTH TO PAY THE PRI OIPAL AND INTEREST OF SAID WARRANTS AT MATURITY." I, was rioved by CommisNioner Gilvin, seconded by Com— missioner '- — that the ordinance be read in it 'full. .Motion was carried Fnd the ordinance as read in full by the City Secretary. UOved by Commissioner Gilvin, seconded by Commissioner � -~ , that the ordinance -be passed. ;Ayes: . Commissioners r and Nairs: None. Said ordinance was passed by a unanimous vote and is as follows; 4 X "AN ORDINANCE CONFIRMING CONTRACT BETWEEN THE MAYOR OF THE CITY OF FORT WORTH AND THE GENERAL CON- STRUCTIO T CO:APATTY, OF DATE APRIL 1ST, 1922, FOR THE LAYING AND CONSTRUCTION OF ROCK ASPHALT gTJR1i'A0II;G OF 25TH STREET BETWEEN ITS INTERSECTION WITH THE WEST LINE OF NORTH MAIN STREET TO ITS INTERSECTION WITH AZLE ROAD, THENCE AZLE ROAD TO THE CITY LIMITS; DIRECTI!TG THE ISSUANCE TO THE GENERAL COX- STRUCTION COITPANY OF WARRANTS OF THE CITY OF FORT WORTH IIT AN k'4OU1TT NOT TO EXCEED THIRTY THOUSAND ($30,000.00) DOLLARS, BEARING DATE APRIL INT, 1922, BEARING INTEREST AT THE RATE OF SIX PER CETT. (65n) PER A ITUM, PAYABLE SE;PQI- ANNUALLY, AND 11ATURING SERIALLY APRIL IST OF EACH OF THE YEARS 1924 TO 1928, INCLUSIVE; PROVIDING FOR THE LEVY OF AN ANNUAL TAX ON EACH OITE HUNDRED DOLLARS, VALUATION OF TAXABLE PROP+ ERTY IN THE CITY OF FORT 'NORTH TO PAY THE PRT_N+ CIPAL AND INTEREST OF SAID WARRAiTS AT ,FATURITY." WHEREAS, on the 21st day of March, A. D. 1922, by re- solution of the City Commission of the City of Fort Worth, the City Secretary was directed to advertise for bids for the laying and construction of rocs asphalt surfacing on 25th Street between its intersection with the West line of North ,'brain Street to its intersection with. Azle Road, thence Azle Road to the City limits, and pursuant to said direction there was caused to be published in the Fort "forth Record, in its issues of March 9 3rd= to :larch 941h __,. 1922, inclusive, a notice to Contractors covering said proposed improvements, and on the 28th day of Warch A. D. 1922) the date named in said notice for receiving bids, the City Com- mission of the City of Fort Worth received and opened bids from the General Construction Company, a corporation, and from the .TcOollur. Construction Company, a partnership, and, of the bids so received, the City Commission, upon a canvass of the same, determined that the bid of the General Construction Company was . the best bid received for the surfacing of said Streets, and awarded the contract therefor to the said General Canstruetion Oompany, and the Mayor and City Secretary were, by resolution duly adopted on the 1st day of April, 1922, directed to execute acortract with the said General Construction Company, which con- tract is in words and figures as follows, to-wit: "STATE OF TEXAS, ) COUNTY OF TARRANT. ) This contract made and entered into by and between the city of Fort Ifforth, a municipal corporation in the Countq- of Tarrant, and State of Texas, organized and existing under and by virtue of a special act of the 31st Legislature of the State of Texas, hereinafter called the City, and the General Construction Company, a private corporation organized under and by virtue of the laws of the State of Texas, hereinafter termed Contractor, WI TUESSETEi: That the said parties hereto have agreed as follows, to Zvi t: I. The work herein contemplated shall consist of improve- ments to be made on 25th Street in the City of Fort Worth be- tween its intersection with the West line of North Main Street to its intersection with the Azle Road; thence Azle Road to the Cite limits. II. That it is mutually agreed and understood that the said con,rv.ctor is to furnish all labor, tools, materiel and machinery and to le-,y and const,suet in a good and workmanlike manner in strict accordance with the specifications for the said work ( a copy of which is hereto attached, marked Exhibit A and rade a part hereof) the one inch Cold Uvalde Rock Asphalt Surface referred to in the bid and proposal of the contractor for the said work and the report recommending the adoption thereof adopted Vy the Board of Commissioners on the lst day of April A D 1922, the said bid, report, and resolution adopting same being hereby referred to and made a part hereof as if herein written in full. III. That the said contractor agrees to commence construction of said improvement within ten days after being notified in writing so to do by the City Engineer, but shall not be required to commence said work until the present base is properly prepared by the said City to receive the Cold Uvalde Rock Asphalt Surface. IV. It is mutually agreed and understood that a separate and distinct contract shall be entered into between the contractor and the Northern Texas Traction Company for the surfacing of that part of said street between the rails of the said Northern Texas Traction Company and eighteen inches on the side of the outer rails and this contractand bond to be executed by the contractor in favor of said city shall in no wise be affected by the contract between the said Traction Company and said contractor' but it is understood and agreed that the surfacing of that parof the street' described above for the Traction Company shall be done in accordance with the same specifications as those for the city. V. The contractor hereby agrees upon the execution of this contract, and before beginning work, to make, execute and deliver to said City of Fort Worth a good and sufficient bond conditioned for the faithful performance of the terms and stipulations of this contract, including the exhibits attached hereto and made a part hereof and such bond shall be in the sum of $5,100.00 with a surety company and which surety company shall be authorized to do business in the State of Texas and one which will be acceptable to the Board of Commissioners of said City. VI. Said city agrees and binds itself to pay and the said con— tractor agrees '�o receive for all of the said work the following prices, to—witc For 1 inch Cold Uvalde Rock Asphalt Surface per square yard, $,85 For concrete curb, per lineal foot $.50 The said payments be made by warrants maturing in two, three, four and five years from date of this contract, bearing in— terest at the rate of six per cent per annum, interest payable semi.—annually, and the said City hereby agrees and binds itself to do all things and to pass all necessary resolutions and or— dinances which are or may become necessary to make said warrants valid and to bind the obligation of said city. It is further mutually agreed and understood that the said contractor shall be paid on monthly estimates of the City Engineer on a basis of 85% of all work completed and material delivered during the preceding month, which said estimates shall be paid by deliverer to said contractor of a sufficient number of warrants to equal the amount of said estimate. VII. The contractor agrees to fully indemnify and save whole and harmless the City from all costs or damage arising out of any l read or asserted claim or cause of action against it and from any and rill costs or damages arising out of any wrongs or injuries for dama&es either real or asserted and claimed against it that may be occasioned by the negligence or fault of said contractor, its agents, servants, or employees, and the said contractor further agrees, in the constructing and doing of said work, to comply with all ordinances of the City of Fort Worth relating to the manner in which such work shall be done, and to protect such work with all necessary lights, barriers, safe guards and warnings as are pro— vided in said specifications and the ordinances and regulations of said City. MI. The contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the City Engineer of the City of Fort 'forth and the Bo-,.rd of Commissioners within a period of 60 days from the time of eom— mencing said work, but said contractor shall be entitled to an extersion of said time for going said work for such time as it may necessarily lose or be delayed by unavoidable accidents caused by unforeseen matters, over which the said contractor has no control, such as inclemency in the weather, acts of God, labor strikes and delay of ma' eril, in all of which cases the negligence or care- 1050ness of the contractor not contributinZ to such delay. IX. I't is mutually agreed and unders,00d that if work is not started as contemplated and agreed upon in anis contract either party day terminate said obligation by giving written notice to the other before work is actually begun and in the event the contractor f&ils to carry on and complete the same according to the true mean- ing and intent and terms of said specifications, then the city shall have the right to take charge of and complete the work in such manner as it may deem proper and if, in the completion thereof, the cost to the said city shall exceed the contract price or prices set forth in said plans and specifications made a part hereof, the contractor and its surety upon its bond herein mentioned and pro- vided for shall pay said city on demand in writing setting forth and specifying an itemized. statement of the total cost 'thereof and said excess cost. X. It is agreed and understood that the performance of this contract either in whole or in part shall not be sublet or assigned to any one by said contractor without the written consent of the Board of Commissioners of the City of Fort 'North. XI. It is mutually agreed and understood that this contract is made a.nd entered into by the parties hereto with reference to the existing charter and ordinances of the City of Fort Worth and the laws of the State of Texas with reference to or governing all matters affecting this contract. In witness whereof the City of Fort Worth has caused this instrument to be signed in its name and on its behalf by its Mayor and attested by its Secretary with the corporate seal of said City of Fort Worth attached. And the said contractor has executed these presents by and through its President and attested by its Secretary on this the lst day of April, A. D. 1922. Done in the City of Fort Worth, Texas. ATTEST: THE CITY OF FORT WORTH C. S. snow, By E. R. Cockerell, City Secretary. Mayor. AT TEST GETTERAL COFSTRUCTIOU CONIPAidY By A. W. Terrell, H. J. Naylor, President. Secretary. Approved: Corporation Counsel. TM AND WHEREAS, said contract has been duly considered and determined to be to the best interests of the City of Fort Worth; THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Fort Worth, Texas, that said contract be and the same is hereby ratified, confirmed, approved and adopted as the act and contract of the City of Fort Worth and of this Commission. That, in accordance with said contract, there shall be issued to the said General Construction Company, City of Fort worth Warrants in an amount not to exceed Thirty Thousand ($30,000.00) Dollars, based upon the unit prices named in said con+saet, said warrants to be dated April lst, 1922, to bear interest at the rate of six par cent. (60') per annum, payable semi-annually on October lst and April lst of each year, and sill mature and become due and payable as follows, to-wit: WARRANT ITOS. DATE OF MATURITY. LVOUITT. 1 to 6, incl. April lst, 1924 $8,000.00 7 to 12 " April lst, 1925 1,000.00 13 " 18 " April lst, 1926 6,000.00 19 24 April lst, 1927 6,000.00 25 " 30 'e April 1st, 1928 6,000.00 Said warrants shall be signed by the ,Ialyor, attested by the City Secretary and registered by the City Auditor, and the seal of the City shall be impressed upon eaca of them. I\ Said warrants shall be in form substanvi..,ily as follows: ITO• $1,000.00 UNITED STATES OF XIMICA STATE OF TEXAS COUNTY OF TARRA TT CITY OF FORT NORTH 25TH STREET AND AZLE ROAD PAVIITG WARPAITT. THE CITY OF FORT 'NORTH, a municipal corporation, duly incorporated under the laws of the State of Texas, is ,justly indebted and hereby obligates itself to pay to the General Con- struction Company, a corporation, its assigns or bearer, on the lst day of April, 19`, at the Hanover PTational Bank, New, York, IT. Y. the sum of OITE THOUSAND DOLLARS in lawful money of the United States of America, with interest thereon from date hereof at the rate of six per cent. (6') per annum, in't'erest payable on October lst and April lst of each year, upon Dresentation and surrender of proper coupon; and. the Treas- urer of said City is hereby authorized, ordered and directed to pay to said General Construc"on Comioany, its assigns or bearer, saidprincipal sum with interest thereon evidenced with coupons here•Jo attacaed, both principal and interest payable at the Bank above named; and the full faith and credit of the Citi* of Fort Worth is hereby pledged for the payment of this warrant and the interest hereon. THIS 'NARRAITT is one of a series of warrants, of like date and tenor, except as to maturity, issued to evidence indebtedness Of the City of Fort worth to the General Construe-,ion Company for the construction of rock asphalt surfacing of 25th Street h8— tween its intersection with the 'Nest line of Worth Main Street and its intersection with tka Azle Road, and Azle Road thence to ci•Gy limits, in accordance with contract between the City of Fort and the General Construction Company, of date April 1st, 1922, and under and by virtue of the constitution and laws of the State of Texas, and the City Charter of the City of Fort Porth, and pursuant to an ordinanc passed 'by the City Commission of said City of Fort Worth on the l&th day of April, A. D. 1922, which ordinance is recorded in Boole_, at pages , et seq., of the Minutes of said City Commission. THE DATE of this warrant, conforming to the ordinance above mentioned, is April lst, 1922. A11D IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required to be done precedent to and in the issuance of this warrant, have been properly done, have happened and been performed in regular and due time at required by law and that the total indebtedness of said City of Fort Worth, in- cluding. this warrant, does not exceed any constitutional or statutory limitation; that a sufficient tax to pay principal and interest of this warrant as it matures has been levied and will continue to be levied and collected annually and applied in pay- ment thereof. IIT TESTIMO1,TY WHEREOF the Board of City Commissioners has caused the seal of said City to be hereto affixed, and this warrant to be signed by the Mayor, attested and countersigned by the City Secretary and registered by the City Auditor, as of the date last above written. Mayor, City of Fort 'forth, Teras. Attested and countersigned: 1, Secretary, City of Fort Womb, Texas. REGISTERED, this the day of , 1922. -City Auditor, C ty of For ort , Texas. The form of interest coupons attached to each of said warr�,r_ts shall be substantially as follows: 1To• $30.00 ON THE IST DAY OF 19_ the City Treasurer of the City of Fort 'forth, Texas, will pay to the. General Construction Company, a corporation, its assigns or bearer, at the Hanover National Bank, New York, N. Y., the sum of Thirty ($30.00) Dollars, said sum being six months' interest due that day on City of Fort North 25TH, Street and Azle Road Paving Warrant, No. , dated April 1st_ , 1922,- to which this coupon is attached antes EL part thereof. Mayor. City Secretary. There shall be printed on the back of each of said warrants I a form of assignment for use of the Contractors named in the face of said warrants in the transferring of same, substantially as follows: ASSIGUI,iETT T. THIS IS TO CERTIFY that the General Construction Company has received the within warrant and the interest coupons thereto annexed from the City of Fort Worth, Texas, and, for value received, hereby transfers, assigns, sells and delivers this warrant, with annexed coupons, to bearer, without recourse, and the bearer hereof is hereby subrogated to all claims, liens, rights, title and in- terest, whether at law or in equity, which is or may be secured vo it by said warrant and the contract under which the same was issued, and the bearer hereof is authorized to collect same and give full receipt and acquittance therefor. GENERAL CONSTRUCTION COMPANY, By President. The said General Construction Company, Contractors, shall be paid on monthly estimates of the City= Engineer on a basis of 85% of all work completed during the preceding month, by the de- livery to the said General Construction Company, in the order of their numbers, warrants of the City of Fort Worth, equal in amount to such estimates, less 15I, said 1510 so retained by the City to be paid to the said Contractors upon approval of final estimate of the Contractor; and at the time of the delivery of said war- rant's, the accrued interest thereon shall be computed and the amount thereof shall be. paid to the Treasurer of the City of Fort Worth, which will entitle the said General Construction Company to receive interest coupon No. 1 attached to each of the warrants so delivered. The total amou#t of warrants delivered to the Contractors shall not exceed in amount the sum of $30,000.00, based upon the unit prices named in said contract, and all estimates and accounts presented by the City Engineer for or on behalf of the said General Construction Company covering said work, shall, before approved by the Board of Commissioners, be audited by the Street Commissioner and the City Auditor shall make adreeord of and register said warrants. BE IT FURTHER ORDAINED that, for the purpose of providing funds to pay the proportion of the cost of said Street Paving which is payable by the City of Fort Worth, there is hereby set apart and appropriated out of moneys collectible for street im- prova,ment purposes for the year 1922, the sum of $1890.00, and for each of the years 1923 to 1927, inclusive, the sum of $6000.00 Plus the interest to be paid on said warrants at date of maturity thereof in said respective years, that is to say - - For the year 1922 $1800.00 int. For the year 1923 $6000.00 principal $1800.00 int. For the year 1924 6000.00 principal $1440.00 int. For the year 1925 6000.00 .principal $1080.00 int. For the year 1926 6000.00 principal $ 720.00 int. For the year 1927 6000.00 principal $ 360.00 int; That to pay the interest maturing October 1st, 1922, and April 1st, 1923, there is hereby levied on each One hundred Dol- lars' valuation of taxable property in said City of Fort Worth for the year 1922, out of the taxes authorized to be levied and collected for the street improvement fund, a tax of 1.5 mills; that to pay said principal and interest maturing in each of the succeeding years from 1923 to 1927, inclusive, there shall be and there is hereby levied on each One Hundred Dollars' valuation of taxable property in said City, out of the taxes authorized to be levied and colleewed for street improvement purposes, a tax of seven (7) mills; that said tax of seven mills, or so much thereof as may be necessary, shall be annually levied for each of the years 1923 to 1927, inclusive, and the sums of money herein named are hereby appropriated and set apart as a special and sacred fund to be known as the "25TH STREET AND AME ROAD SPECIAL NAR- BANT AND INTEREST SINKING FUND", which shall be kept separate from all other funds of the City and shall be used for no other Purpose than the payment of said warrants herein authorized and the interest thereon. That the resolution passed by the City Commission of the City of Fort Worth on the day of , 1922, setting aside and appropriating $25,500 out of the street improvement fund for the purpose of providing funds to pay the City's proportion of the cost of said improvement, is hereby expressly repealed, and this ordinance is passed by the unanimous favorable vote of all members of the Board of Commissioners. PASSED, this the 13th day of April, A. D. 1922. APPROVED, this the lith day of April, A. D. 1922. Mayor, ty of Fort Worth, Texas. Attest: City Secretary, City of Fort Worth, Texas. THE STATE OF TEXAS, ) COUNTY OF TARRANT. ) I, C. S. Snow, City Secretary of the City of Fort Worth, Texas, hereby certify that the foregoing is a true and correct copy of an ordinance passed by the Board of Commis— sioners of the City of Fort Worth, Texas, on the Igth day of April, A. D. 1922, at a regular meeting of said Board of Com— missioners, at which all members were present and voted in favor of the passage thereof, as the sane appears of record in Book , at pages , et seq., of the j,4inutes of said Cit;* Commission. Witness my hand and the seal of said City, this the 1�th day of April, A. D. 1922. G' City Secretary, City of Fort Worth, T e x a s. (SEAL).