HomeMy WebLinkAboutOrdinance 5676 ORDINANCE NO.%-5-14
291r-
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT OF A PORTION OF Conner Avenue _
AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS;
LETTING CONTRACT Tb S R 0 Asphalt. 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:
1.' Conner Avenue From E. Rosedale Avenue to Avenue F, known
and designated as 'Unit 1, Project 1011-27000-
127.
2, "inkley Street From E. '�osed.ale Avenue to Avenue D, known
and designated as Unit 2, Project 104-27000-
127.
3. Fitzhugh Avenue From Collard Street to Bishop Street known
and designated es Unit 3, Project 1011.-27000-
127.
4. Hunting Drive From Old Mansfield Rovd to M Rancho Road,
known n(? designated as Unit 4, Project
1011-27000-127.
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. Conner Avenue From E. Rosedale Avenue to Avenue B, known
'and designated as Unit 1, Project 104-27000-
127, a IN'N hot mix -s-phaltic concrete'surface
on a 711 cement-stabilized base wi`h a 30 to
39 foot roadway.
2. Binkley Street From R. Rosedale Avenue to Avenue D, known
and designated as Unit 2, Project 104-27000-
127, a 1}° hot mix asphaltic concrete surface
on AT' cement stabilized base with a 32 foot
roadway:
3. Fitzhugh street Prom Collard Street -to Bishop Street, known
and designated as Unit 3, Project 104-
27000-127, a la° hot mix asphaltic concrete
surface on a 7" cement stabilized base with
a 32 foot roadway.. '
4. Huntind Drive 'From Old i•iansfield Road to II. Rancho Road ,
known and designated as Unit 4, Project
1A-27000-127, a 1i° hot mix asphaltic concrete
surface on a 7" cement stabilized base with
a 38 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 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 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, 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 (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 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 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 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.
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. S R 0 Asphalt, Inc. _ , 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
S R 0 Asphalt, Inc. , 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 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.
V11.
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.
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.._._ ?I e_____DAY 0 -72 19�G
APPROVED AS TO FORM AND LEGALITY:
City Attorney
a City of Dort Worth, Texas BPI_WN`FX'
"OmAA►"Mayor and Council Communication ORP,,S
CAMAU
DATE REFERENCE SUBJECT: Award of Contract - PAGE
NUMBER
11/21/66 C-839 Reconstruction at 4 Locations for
Council action on the project described below is requested:
Proiect Description
Nature of work: Reconstruction of Conner Avenue, Brinkley Street and
Hunting Drive as promised in the bond improvement election of
October 19, 1965 and scheduled in the 1966 Capital Improvement
Program (CIP-11, Items 2, 3 and 5). Fitzhugh Avenue will be im-
proved with unspecified and Water Department bonds funds in con-
nection with a sanitary sewer rehabilitation project.
ROADWAY
UNIT STREET LIMITS WIDTH R.O.W.
1 Conner Avenue E. Rosedale to Avenue B 30-38 feet 50 feet
2 Binkley Street E. Rosedale to Avenue D 32 feet 50 feet
3 Fitzhugh Avenue Collard to Bishop 32 feet 50 feet
4 Hunting Drive Old Mansfield to E1 Rancho 32-38 feet 60 feet
Submission of Bids
BIDDER AMOUNT BID WORKING DAYS
S.R.O. Asphalt, Inc. $36,405.95 40
R. W. Gibbins, Inc. 37,875.75 40
General Construction Co. 419051.00 40
Worth Construction Co. 42,458.25 40
Texas Bitulithic Co. 42,508.25 40
Glade Construction Co. 44,235.12 40
Project Cost and Financing
Based on the low bid, approximately $3,171.18 will be assessed against
abutting property owners. The cost to the City-at-large will be ap-
proximately $36,875.37 including engineering and miscellaneous expenses.
Funds for three of these units were to have been provided from a second
bond sale in 19662 but must be now provided from a futur and sale
early in 1967 to pay the City's share of the cost (M&C dated
November 7, 1966).
Recommendations
nTransfere -• `4� ���1) That the following Bond Fund be approv
, I
AMOUNT FROM TO FUR •
$3,171.18 Revolving Fund Reconstruction at 4 Property owners ' portion
(Future Bond Sale) Locations 104-27000-127 of construction
$2,250.00 Rehabilitation San-:- Reconstruction at 4 To provide funds for
itary Sewer Main Locations 102-27000-127 Water Dept. share of
M-52 096-17000-3742 cost of reconstruction
DATE REFERENCE SUBJECT: Award of Contract - PAGE
NUMBER
Reconstruction at 4 Locations 2 ,i 2
11 21 66 C-839
Funds in the amount of $2,250 will be deposited in the project account for
street repairs on Fitzhugh Street from Water Department bond funds which
had been allotted for street repairs following, a sanitary sewer rehabilita-
tion project on Fitzhugh. Instead of being patched, Fitzhugh Street will
be completely reconstructed as part of this contract.
2) That an ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Making provisions for levying of assessments;
c) Ordering the Public Works Department to prepare estimates of
cost and amounts proposed to be assessed;
d) Awarding the contract to S.R.O. Asphalt, Inc., on its low bid
of $36,405.95; and,
e) Making appropriations to cover the indebtedness thereby in-
curred for improvements to the project named above.
3) That an ordinance be adopted:
a) Approving the estimates of cost and amounts proposed to be
assessed; and,
b) Setting December 12, 1966 as the date of the Benefit Hearing.
4LB:1p
The following summaries are attached:
"A" - Resume of the paving project
- Distribution of cost and assessments, and results of Post Card
Survey
- Assessment Rolls in Alphabetical order
QfE1�'lf�t RfC>i
Dry S ETARY
ET. WORTH, TIX
SUBMITTED BY: DISPOSITI BY COUNCIL: P SS D
APPROVED OTHER (DESCRIBE)
,,-%7/' - 'ate_— 1 4RE1xRY
/ DATE
CITY MANAGER
NOV 21196