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HomeMy WebLinkAboutOrdinance 4712 ORDINANCE NO. ;� /a2i :sly AN ORDINANCE SING THE NECESSITY FOR AND ORDERING tFT. WORTH, TEX. PROVIDING FOR THE IMPROVEMENT OF A PORTION OF DEEM ROAD AND PORTIONS OF SUNDRY OTHER STREE'T'S, AVENUES ,AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS: LETTING CONTRACT TO GLADE CONSTRUCTION COMPANY FOR THE MAXING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION: MAKING APPROPRIA- TIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY IN- CURRED: MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTI- FICATES 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 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 TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE 1105b of VERNON'S TEXAS CIVIL STATUES; AND DIRECTING TETE CITY SECRETARY TO ENGROSS ,AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE NDE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Works Director for the City of Fort Worth, 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, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: adopted. The hereinafter described Plans and Specifications are hereby approved and 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 'Worth, Texas, to-wit: 1.Deen Road From 28th St. to Terminal Road, known and designated as Unit No. 1. 2. Bigham Blvd. From Carp Bowie Blvd. to Calmont Avenue, known and designated as Unit No. 2. 3. Hampshire Blvd. From Ayers Ave. to Hughes Avenue, known and designated as Unit No. 3. 4. Hampshire Blvd., So. From House St. to Tierney Road., known and designated as Unit No. 4. 5. Virginia Place From Cain Bowie Blvd. to Fourth Street, known and designated as Unit No. 5. 6. McCart Street From Biddison St. to Drew Street, known and designated as Unit No. 6. 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 a cement stabilized gravel base with hot-mix asphalt concrete surface; together with combined concrete curbs and gutters on proper grads and line where same are not already so constructed, together with storm sewers and drains and other necessary incidentals and appurtenances; all of said.improvements to be constructed. as and where shown on the Plans and Specifications therefor. -1- IV. follows, to-wit:The cost of said improvements as herein defined shall be paid for as 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. 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 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 improvements on the unit upon which the particular property abuts at the rate of six per cent (6p) 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 be- fore maturity by paying principal 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 mads shall be and become immediately due and payable; but it is specifically provided that no assessment shall in any case bemade 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 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 completed and accepted unit in not more than forty-eight equal regular monthly installments of not less than $5.00 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 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 Works 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 or 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 line 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 shad be executed in the name of the City by the Mayor of said City and the City Secretary shall -2- 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 ofP 3'm a ent 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 pertinent thereto, and shall further re- cite 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 thereof, have been regularly had, done and performed, and such re- citals 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 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 certificates issued in evidence thereof, and the omission of improvements on any particular unit or in front of any pro- perty 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 Glade Construction Company, having been found to be the lowest and best bid for the making and construction of said improvements, the contract therefore is hereby awarded to Glade 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 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 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. 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 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. -3- 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 the year 1930, and now being 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 after the date of its passage. PASSED AND APPROVED THIS_ 7� DAY OF X96 APPROVED AS TO FORM AND LEGALITY: _ City Attorney -4- Y OF FORT WORTH CITY OF FORT WORTH, TEXAS al. Zeus THE SUBJECT MAT IER OF THIS M.& C.C. TEXAS S WAS PAF :'T'1EU `i0 TII% CITY COUNCIL I AU, 2 7 1962 " .. :�_ U �'N� CITY MAN GER CITY �? J11Lj� Communication to Mayor and C until No. YW WURI EX. 3%IW as August 27, 962 ty Secretary Honorable Mayor and Members of the City Council Re: Reconstruction of Gravel Base City of Fort Worth Streets at Six Locations Mrs. McKnight and Gentlemen: On July 10,; 1962, bids were received for the reconstruction of approxi- mately 4.4 miles of gravel base streets at six locations, including con- struction of curb and gutter to be assessed against the abutting -property. These bids are as follows: BIDDER AMOUNT BID CONTRACT TIME* Glade Construction Company $194,762,90 120 working days W. E. Brittain 198,283.27 120 working days Texas Bitulithic Company 202,941.99 120 working days General Construction Company 207,968.54 120 working days Worth Construction Company 220,213.90 120 working days *Contract time of 120 working days specified by Public Works Department. The streets included in this project are as follows: I. Deen Road, from 28th Street to Terminal Road Length: 7,600 feet; Roadway width: 36 and 40 feet Need: This is an arterial street carrying approximately 5,500 vehicles north from 28th street per day, and is designated as a commercial delivery street in the proposed truck route ordi- nance. There are numerous base failures on the street, and the existing surface is in poor condition. 2. Bigham Boulevard, from Camp Bowie to Calmont Avenue Length: 3,900 feet; Roadway width: 36 feet Need: This is an arterial street connecting the West Freeway and Camp Bowie. It was specifically included in capital improvement program bonds voted in 1958 (CIP A-9). The existing surface is in poor condition. 3. Hampshire Boulevard, from Ayers Avenue to Hughes Street. Length: 4,550 feet; Roadway width: 36 and 40 feet Need: This is an east-west arterial street serving local traffic south of East Lancaster, and is also a bus route. The existing surface is, in poor condition. M&C PW 1234 �a 16`1 t RECO D August 27, 1962 Page 2 CITY SECRETA Y FT. WORTH, TE . 4. Hampshire Boulevard South, from House Street to Tierney Road. Length: 900 feet; Roadway width: 36 feet Need: This is a continuation of Hampshire Boulevard, and is in poor condition. 5. Virginia Place, from Camp Bowie to Fourth Street. Length: 3,300 feet; Roadway width: 30 feet Need: This street serves as an arterial connection between Camp Bowie and White Settlement Road, and was specifically included in the capital improvement program - bonds voted in 1958 (CIP A-7). Origiraal platzz4e-re to widen Virginia Place to a 40-foot roadway. However, it is believed that a 30-foot roadway is sufficient, assuming future limitation of parking along the street when justi- field by an increase in traffic. The existing surface from Camp Bowie to Fourth Street is in very poor condition. 6. McCart Street, from Bi,ddison Street to Drew Street. Length: 2,900 feet; Roadway width: 36 feet Need: This is an arterial street which connects with the proposed improvements to Cleburne Road, Old Granbury Road, and Forest Park Boulevard, and is designated as a commercial delivery street on the proposed truck route ordinance. This street carries approxi- mately 6,500 vehicles per day, and the existing surface is in poor condition. 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; directipg the Public Works Department to prepare estimates of cost and amounts to be assessed; awarding the con- tract to Glade Construction Co. , on its low bid of $194.762.90; and making appropriations to cover the indebtedness thereby in- curred for improvement s of the streets named above. 2. That an ordinance be adopted approving the estimates of cost and amounts proposed to be assessed; and setting September 10, 1962, as the date for the benefit hearing. 3. That the following bond fund transfers be approved: AMOUNT FROM TO FOR $158,677.34 Unspecified Projects Reconstruction at City's portion of 94-B7-901 Six Locations construction cost. Project 94-B7-7 $ 36,085.56 Revolving Fund Revolving Fund Property owners' Reserve for Pro- portion of con- ject 94-B7-7 struction ost. s t y bmit d, LPC:ih P.� Cooke am.