HomeMy WebLinkAboutOrdinance 5678 i
ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT OF A PORTION OF— Davis Avenue
.AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT NORTH, TEXAS;
LETTING CONTRACT TO tleneral Conatruction Company 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.
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. Davos Avenue: From Riverside Drive to Ash Cresent Street, known and
designated as Unit 1, Project 104-24000-152.
2. Davis Avenue: From Ash Crescent Street to Belzise Terrace, known and
designated as Unit 2, Project 104-24000-152.
3. Mulkey Street: From Beverly Avenue to 2501 East, known and designated
as Unit 3, Project 104-24000-152.
4. Fifth Avenue: From Love Street to Devitt Street, known and designated
as Unit 4, Project 104-24000-152.
5. Fifth Avenue: From Devitt Street to High Street, known and designated
as Unit 5, Project 104-2�000-152.
6. Shaw Street: From Fifth Street to 3501 West, known and designated
as Unit 6, Project 10 h...24000-152.
7. Dickson Street: From New Orleans Street to F,vans Avenue, known and
designated as Unit 7, Project 104-24000-152.
9. Sixth Avenue: From Gambrell Street to Beddell Street, known and
designated as Unit 9, Project 104-24000-152.
9. Ryan Avenue: From Fuller Avenue to 1401 North, known and designated
as Unit 9, Project 104-24O0C1-152.
10. Sixth Avenue: From Fuller Avenue to Spurgeon Street, known and
designated as Unit 10, Project 104-24000-152.
11. St.'iiiley Avenue: Trom Y-�t�&.s 3t-rzet to 1"-r1 Soutli, 1-I20wn
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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. Davis Avenue: From Riverside Drive to Ash Cresent Street, known and \
designated as 17nit• 1, Project 104-24000-152, a 6-inch
hot mix asphaltic concrete pavement on a 30-foot
roadway.
2. Davis Avenue: From Ash Crescent Street to Belzise Terrace, known and
designated as Unit 2, Project 104-24000-152, a 6-inch
hot mix asphaltic concrete pavement on a 30-foot
roadway. ,
3. Mulkey Street: From Be+lerly Avenue to 2 1 East—known and designated
as Unit.3, Project 104-%00-152, a 6-inch hot mix
asphaltic concrete pavement on a 30-foot roadway.
4. Fifth Avenue: From Lowe Street to Devitt Street, known and desig-
nated as Unit 4, Project 104-21.1000-152, a 6-inch
hot mix asphaltic concrete pavement on a 30-foot
roadway.
5. Fifth Avenue: From Uvitt Street to High, known and designated is
Unit 5, Project 104-211000-152, a 6-inch hot mix
asphaltic concrete pavement on a 30-foot roadway.
6. Shaw Street: From Fifth Street to 50"Vest, known and designated
as Unit 6, Project 1024000-152, a 6-inch hot mix
asphaltic concrete pavement on a 30-foot roadway, and
including a four foot concrete sidewalk.
7. Dickson Street: From New Orleans Street to Evans Avenue, known and
designated as Unit 7, Project 1011-24000-152, a
6-inch hot mix asphaltic concrete pavement on a
30=foot roadway. .
S. Sixth Avenue: From Gambrell Street to Reddell Street, known and
designated ae Unit 8, Project 104-24000-152, a
6-inch hot mix asphaltic concrete pavement on a
30-foot roadway.
9. Ryan Avenue: From Fuller Avenue to 1401 North, known and designated
as Unit 9, Project 104-24000-152, a 6-inch hot mix
asphaltic concrete pavement on a 30-foot roadway'.
10. Sixth Avenue: From Fuller Avenue to Spurgeon Street, known and
designated as Unit 10, Project 104-24000-152, a
6-inch hot mix asphaltic concrete pavement on a .
30-foot roadway.
11. Stanley Avenue: From Yates Street to 4501 South, known and designated
as Unit 11. Project 104-24000-152, a. 6-inch hot mix
asphaltic concrete pavement on a 30-foot roadway.
12. Walton Avenue: From oolusa Drive to 7751 East, known and designated
as Unit 12, Project 104-24000-152, a 6-inch hot mix
asphaltic concrete pavement on a 40-Foot roadway.
r ,
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 materiahnan'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.
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V.
The assessments against the respective lots and parcels of property and the owners thereof shall be
evidenced b}> 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 General 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
General 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 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.
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.
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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
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.
XI V.
This ordinance shall take effect and be in full force and effect from and e
`aft//r•the date of its passage.
PASSED AND APPROVED THIS__.��_DAY OFt�ilZ� _, 19
APPROVED AS TO FORM AND LEGALITY:
City Attorney
I
..� City of Fort Worth, Texas 60 "'"a
Mayor and Council Communication
M
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER Paving on the South Side, R
11/21/66 C-840 Project 4-152 1of 2
Council action on the project described below is requested:
Project Description
Nature of work: Assessment Paving at 12 Locations on the South Side as
follows:
UNIT STREET LIMITS WIDTH R.O.W.
1 Davis Avenue Riverside to Ash Crescent 30 feet 50 feet
2 Davis Avenue Ash Crescent to Belzise 30 feet 50 feet
3 Mulkey Street Beverly to 250 feet East 30 feet 60 feet
4 Fifth Avenue Lowe to Devitt 30 feet 60 feet
5 Fifth Avenue Devitt to High 30 feet 50 feet
6 Shaw Street Fifth to 350 feet West 30 feet 60 feet
7 Dickson Street New Orleans to Evans 30 feet 50 feet
8 Sixth Avenue Gambrell to Beddell 30 feet 60 feet
9 Ryan Avenue Fuller to 140 feet North 30 feet 60 feet
10 Sixth Avenue Fuller to Spurgeon 30 feet 60 feet
11 Stanley Avenue Yates to 450 feet South 30 feet 60 feet
12 Walton Avenue Colusa to 775 feet East 30 feet 60 feet
Petitions have been received far the paving of the above streets
with the exception of Units 4, 5, 9, 10, and 12. Units 4 and 5 -
Fifth Avenue, Unit 9 - Ryan Avenue, and Unit 10 - Sixth Avenue,
were initiated by the City to provide for continuous paving and
better flow of traffic in the area. Unit 1Z, Walton Avenue from
Colusa 775 feet East is scheduled in the Capital Improvement Pro-
gram to close a paving gap on Walton Avenue. pp (� nn
Submission of Bids OFFICIAL RLICORu
Date bids received: August 2, 1966
CITY SECRET�,RY
BIDDER AMOUNT BID W
VT
VJUKISI, ILA-
General Construction Co. $75,635.85 0
Glade Construction Co. 77,415.55 80
S.R.O. Asphalt, Inc. 77,916.65 80
Texas Bitulithic Co. 802763.40 80
R. W. Gibbins, Inc. 822361.50 80
Worth Construction Co. 832748.75 80
Project Cogt and Financing
Based on the low bid, approximately $51,542.73 will be assessed against
abutting property owners. The cost to the City-at-large will be approxi-
mately $31,656.71 including engineering and miscellaneous expenses. Im-
provement of these streets is based upon a commitment to sell $50,000 at
the future bond sale early in 196I't7for the Revolving Fund and the City
share for assessment paving - unspecified (M&C G-1015, dated November 7,
1966
DATO REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER
Paving on the South Side, 2 2
11/21/66 C-840 Project -1 2 or
Recommendations
1) That the following Bond Fund Transfers be approved:
AMOUNT FROM TO PURPOSE
$51,542.73 Revolving Fund Project 4-152 - South Property owners ' por-
(Future Bond Sale) Side 042-10424-152 tion of construction
31,656.71 Unspecified Project 4-152 - South City's portion of con-
104-24000-901 104-24000-152 struction and engineer-
(Future Bond Sale) ing
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 General Construction Co. , on its low
bid of $75,635.85; and,
e) Making appropriations to cover the indebtedness thereby incurred
for improvements to the project named above.
3) That an ordinance be adopted:
a) Approving the estimates of cost and amounts proposed to be as-
sessed; and,
b) Setting December 12, 1966 as the date of the Benefit Hearing.
JLB:lp
The following summaries are attached:
"A" - Resume of the paving project
"B" - Distribution of cost and assessments, and results of Post Card Survey
Assessment Rolls in alphabetical order
VrIC1Al Ry
CITY SECRET h
SUBMITTED BY: DISPOSIT BY COUNCIL: P
APPROVED "OTHER (DESCRIBE)
/--� R A
-a7
DATE
CITY MANAGER �'�►