Loading...
HomeMy WebLinkAboutOrdinance 5151 ORDINANCE ��.-- 3"�s -/- FT. WORTH, TEX. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID- ING FOR THE IMPROVEMENT OF A PORTION OF East Berry- Street -- _AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO R. & Gibbins, Inc. 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 City' 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. II. 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.- lo o-wit:1. East Berry Streets From Loop I-820 to Cravens Road, 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 the following, to-wit 1. East Berry Street. From Loop 1-820 to Cravens Road, known and designated as Unit No. 6, a -inch hot- mix asphaltic concrete pavement on 40-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 showy-), on the Playas 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 oi° 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 Fort 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 tare 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, to-wit: When the improver"Ients are completed and accepted by the City on a particular unit, the suras assessed against property abutting capon such completed and accepted unit shall be and become payable in five (5) equal installments, dare respectively on or before thirty (30) days, and one (t), 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 dace and na,yable in such installments after the date of completion and acceptance of such respective ,,anit, The enthre aoaouht assessed a,,ainst the particular parcels of property shall bear interest from the date of such completion aaaa'a acceptance of the iraprovernents on the unit uponwhich 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 gnsla,llment matures, provided that any owner shall have the rilglif to pay any and all of such h sta.11ment at any tame before maturity by paying princi- pal with interest accrued to the date of payi ent, and further provided if default be made in the payment of any installment promptly as the same naatur°es, theca at the option of the City of Fort Worth or its assigns, the entire amount, of the assess aexat upon ash ch such de auli, 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 execrated iia 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 bight to nuthor;ize paaynient of the sums assessed against abut-Ling property capon 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 Ft7RTt EIZ, that the City Attorney is hereby ern.- powered to authorize payments of said surras 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 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 m.aterialrnan's contract upon forms supplied by the City -ranting 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 suras 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. 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 revised Civil Statutes of Texas, and the bid of. _ , 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 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 recom- mendation is on file with the City, the City :Manager, and City Secretai;v 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. XL 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 shown as Article 1220a of Vernon's Texas Civil Statutes. XI1I. 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. _!Q_7"__ DAY APPROVED AS TO FORM AND LEGALITY: �r_ W^ City Attorney OFFICIAL RECORD CITY SECRETARY Attachment "All Pae 1 of 1 FT. WOR C-1 CITY OF FORT WORTH PUBLIC TIORKS DEPARTT,= ENGINEERING DIVISION ASSESS11ENT PAVING CONSTRUCTION OF, EAST BERRY STREET IXTEMS"TON FOR LOOP 1-820 TO CRAVES ROAD PROJECT NO. 094-23000-105., CONTRACT IV, UNIT 6 RESUME, OF THE PROJECT The Public Works Department he City Council Chamberl, City fl.all, on Street Dece East Berms�ile�r3, 1963 Extension from LLo(?T 1-22 2,.Cravens Road, Project No. 094-23000-105. This was held after the project was first advertised for bids on October 15, 1963. Action on the project was deferred by the City Council,and the project was re-advertised with bids being received on Fel,.)ruary,25, 1964. In lieu of a second 1. ,�_] ' i 1 ad- 0 0� I I each property owner was ua;� a letter explainin-..° t e details of the pr - ject �he property owners were advised that a second igei- Lia-QL was not contemplated but that the,, ,benefit T would be notified of the'' b' 'i,-e and ate of the r sen 6`and were un- Xearing, All property owners were p J.,t at the animous in opposition. to the paving"WRL51e following� reasons: _.1 1. The property has been. -posted for sale for some time; however, the area is not c'6nsi(:f6rbd ltavoraole� for d'evelo pinhent* 2. There are no utilities in. place or contemplated in conjunction with the paving. 3. The owner of Tract 4 stated that cattle pastured in the north part of the tract would be isolated from the water supply which is located in the south part of the tract. Qae owaaa_ y. s 4 a l� !a .cep +Q gn In n 4. The property is zoned residential I but is used for agricultural pur- poses. ck- > 0 r 7 A A BerrySheet east ' f?he�op� bo issue Bcr y Stmt the limits undefined.- S_ proposed assessments excessive in relation to the benefits which would accrue to the property from the improvements. 47 N/4 f Attachment IBBQI East Berry Street Extension Page 1 of 1 Project No. 094-23000-105 PER y CENT CONTRACTPRICE............................................................................................................$ ,309421.50 ENGINEERING .............................................................................................................. 3,o42.15 ESTIMATED CONSTRUCTION COST................................................................................................................$ 33,463.65 100.0 RESIDENTIAL FOOTAGE................................ 3,1g6.o 100.0 COMMERCIAL FOOTAGE.............................. 0.0 0.0 TOTAL FOOTAGE............................................ 3916►0 1004 RESIDENTIAL ASSESSMENT......................................................$ 26,34g.22 78►7 COMMERCIAL ASSESSMENT............................... 0.00 0.0 GROSS AMOUNT ASSESSED..........................................................................................$ 26,348.22 79-7 LESS CREDITS GRANTED............................................................................................... 9,143.92 27.3 TOTAL NET ASSESSMENT............................................................................................................................... 17,204.40 51.4 NET AMOUNT PAID BY CITY AT LARGE.......................................................................................................$ 16,259.25 48.6 SIGNED RESULT OF POSTCARD SURVEY ORIGINAL FOR NO OBJECTION AGAINST TOTAL PETITION PAVING SUBMITTED PAVING NO. OF FRONT FEET 3,196.o M 0.0 0.0 3186.o PER CENT 100.0 0 0.0 0.0 100.0 0 0 4 yy PARCELS OF PROPERTY s} �! PER CENT 100.0 ari 4-4 0.0 0.0 100.0 NO. OF PROPERTY OWNERS 3 O 0 0 0 3 PER CENT 100.0 ¢ fl 0.0 0.0 100.0 OWNERS LIVING ON STREET o. H 0 0 0 v-i 0 PER CENT 0.0 `� 0.0 0.0 0.0 £2. OWNERS LIVING ELSEWHERE 3 0 0 3 PER CENT 100.0 0.0 0.0 100.0 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TEX. Ix w O o 44 & a 0 0 �s f S.- n• t - ."' ../ wNU. O a NO Z a ZLn LO Q c= 0-1 LL. � Q CT m `s' CO O W J N 0 W Q m W NOIlil3d a3NJIS • • • a O o W W p so �-+ � st .fl W o. w w N LL. Ir +) C14 CVU 01% 04 M EV W e • e o N O N q-4 to 0 0 a` CN & c) LnN H QW0. 0 N M z H o a o Q W eW � co 00 li. LLrn C Z O O ' ~a ~ � � o .� O x o e o G U Q a4 0 W ' +' "t-s� k fu En 4 -t-' 4.1 0) "4 �, U) "-4 W 0 o "q4 "44, a Q. 0 to ort ?r �C3 •-) P. © ' • H F as (n H P. en M C3 N v tv 3NOZ •o4 l y L9 N Ir ra U? W I�Q ON 0 O e cof.4 o4a Aa IV a 0 ODQ W t9 N t b a �.. W i af. a Z IJ a 0 a 0 � � rt x 0-4 { iA O E Q cr� to co O` fl E}+ 4 4 GzaE3, Brownlee Morphis City of Fort Worth, Texas Thelin Mayor and Council Communication DATE FREFEBREERNCE SUBJECT: East Berry Street Extension, PAGE Project No. 094-23000-1054/6/64C-273 1 of 2 On ,January 20, 1964, the City Council authorized the receipt of bids for con- struction of East Berry Street from Loop I-820 to Cravens Road. The bids re- ceived on February 25, 1964, are as follows : BIDDER AMOUNT WORKING DAYS 1. R. W. Gibbins, Inc. $30,421.50 30 ► l RF D 2. Texas Bitulithic Co. 30,821.60 30 QfF��,ir► 3. General Construction Co. 31,019.90 30 CITY SCCRETAF , 4. S.R.O. Asphalt Co. 31,590.90 30 5. Glade Construction Co. 32,308.40 30 FT, Woo l f1, TF, 6. W. E. Brittain, Inc. 32,685.60 30 Based on the low bid, approximately $17,204.40 will be assessed against abutting property owners. The cost to the city-at-large for construction, engineering, and miscellaneous expenses will be approximately $16,259.25. A previous low bid on the project was submitted November 5, 1963, by Orville Maddox Construction Company of Arlington in the amount of $23,840.40. Although the project was temporarily abandoned and bids re-advertised, property owners will pay the same assessment due to the $5.40 residential limitation per front foot. The City's original share would have been $9,020.04, including engineer- ing and miscellaneous costs, compared with $16,259.25 under the proposed con- tract. Variation. in the City's cost is primarily due to the elimination of cement stabilization from specifications, which had the effect of increasing the bid unit cost of the pavement from $2.05 to $3.05 per square yard. The original bids advertised prior to changing paving specifications at the January 6, 1964, Council meeting, provided for a pavement consisting of a 4 inch gravel founda- tion course, an 8-inch cement stabilized gravel base and a 2-inch hot-mix asphaltic concrete surface. The proposed project provides for pavement con- sisting of a 4-inch gravel foundation course and a 72 inch hot-mix asphaltic concrete surface. Paving specifications for the project call for an intermediate type paving standard because it is anticipated that the section of Berry Street will carry a. heavier volume of traffic in the future than a normal residential street. The following recommendations are made : 1. That an ordinance be adopted: a) Declaring the necessity for and ordering the improvements b) Making provisions for levying assessments c) Directing the Public Works Department to prepare estimates of cost and amounts proposed to be assessed d) Awarding the contract to R. W. Gibbins, Inc. , on its low bid of $30,421.50, and e) Making appropriations to cover the indebtedness thereby DATE REFERENCE SUBJECT: East Berry Street Extension, PAGE NUMBER 4/6/64 C-273 Project No. 094-23000-105 2 or 2 incurred for improvements of the project named above. 2. That the ordinance be adopted: a) Approving the estimates of cost and amounts proposed to be assessed, and b) Setting April 20, 1964, as the date of the Benefit Hearing. 3. That the following Bond Fund Transfers be approved - Amount From To For $17,204.40 Revolving Fund E. Berry St. Property Owners ' por- 042-24000-901 042-09423-105 tion of construction cost. 5,000.00 Hulen Street E. Berry St. To provide a portion of 094-23000-106 094-23000-105 the City's cost for construction, engineer- ing and miscellaneous expenditures. There are sufficient funds in project for remaind- er of City's costs. The transfer to complete financing of the City's share of the cost returns a portion of the previously transferred $65,000 from the Berry Street Project to the Hulen Street Project (CIP Page A-6, Paragraph 5). Attachments : The following summaries are attached: Attachment "A" - Resume of the project and summary of the Neighborhood Hearing. Attachment "B" - Distribution of cost and result of post card survey. Attachment "C" - Assessment rolls in alphabetical order. LFTAORTM, RECORD JLB:GA attach RETARY TEX. SUBMITTED BY: DISPOSITION By_.COUNCIL: I PROCESSED BY IAF-'PTIROVED OTHER (DESCRIBE) ITY�RY DATE CITY MANAGER / / ��