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HomeMy WebLinkAboutOrdinance 4388 CITY ' TA Y ` �a ORDINANCE N0. % SSA �`rFS AN ORDINANCE LETTING CONTRACT TO GENERAL CONSTRUCTION COMPANY FOR THE MAKING AND CONSTRUCTION OF IMPROVEMMITS ON EDGECLIFF ROAD AND AMORIZING ITS EXECUTION, MAKING PROVISION FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST SUCH IMPROV&MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSIENFTS, DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE ESTII'MTES, DECLARING THAT THIS ORDINANCE AND ALL SUBSE!?UENT PROCEEDINGS RELATING TO SAID STREET IMPROVE11ENTS ARE AND SHATM BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLA- TURF OF THE STATE OF TEXAS, CHAPTER 106, C01,110NLY KNOWN AS ARTICLE 1105b OF VERNON13 TEXAS CIVIL STATUTES AND DIRECTING THE CITY SECRETARY TO ENGROSS E;ND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY CONTRACT AND BY FILLING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY. WHEREAS, the Public Works Director of the City of Fort Worth, Texas, has prepared Plans and Specifications for the iriprovement of the hereinafter described portions of streets, avenue 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 said portions of streets, avenues and Public places being as follows, to wit: EDGECLIFF ROAD: from the west line of Westereek Drive to the east line of 'riellview Drive; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT iiORTH, TEXAS, THAT: I. The hereinabove described Plans and Specifications are hereby approved and adopted. II. Each of the above described portions of streets, avenues, and public places in the City of Fort ':dorth, Texas, shall be inproved by raising and filling same and by constructing thereon a six-inch hot-mix asphaltic concrete pavement, 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 appurtenances; all of said improvements to be constructed as and where shovm on the clans and in strict a.ecerdance ��ith the P1Gi. and 3pecificat or_s t._erefore. III. 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 respective 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 deducting the amounts herein specified to be paid by the abutting properties and the real and true owners thereof as set out above in subsection (a). ;.'her. 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 twenty (20) days, 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 the completion and acceptance of such respective unit. the entire ataount assessed against the particular parcels of property shall bear interest from the date of such c or,:pletion and acceptance of the Lmi,rovements on the unit upon which the particular property abuts at the rate of six per cent (6 ) 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 installments at any tine before maturity by paying principal, w ith interest accrued to the date of payment, and further provided if default be made ia the payment of any install- ment promptly as the sane matures, then at the option of the Contractor 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 particularl property abuts, as ascertained at tale hearing provided by the law in f orce in the City, nor shall any assessments be made in any case until after notice and hearin as provided by law. Said assessments against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of special assessment which shall be executed in the name of the amity of ?ort :north, Texas, and delivered to the Contractor. IV. 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 ;.ayor of said City and tide City Secretary shall attest the same and impress the corporate seal of the amity thereon, and which may have attached thereto coupons in evidence of the several installments, or in evidenceTof any of the installments in which the assessment is payable, which certificates shall be issued to the Contractor, Texas Litulithic company, shall recite the terms and time cf payment, the amount of the assessment, the description of the property, and the name of the owners, as far as know, and shall e ontain such other recitals as may be pertinent 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 thereof, have been regularly had, done and performed, and such recitals shall be prima facie evidence of the matters so recited, and no further proof thereof shall be required in any court, and the said certificates shall provide substantially twat if default be made in the payment of any installment promptly as the sane matures, then, a t t he option of said Contractor, or its assigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attornep r fees and costs of coll--ction, 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 liistrict 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 i:nprovezents on any particular ::nit or in front of any property exempt by law from the lier. 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. V. Bids having been advertised for as required by ,article 1105 b, and the the bid of Texas Bitulithic Company havin.- been found to be the lowest and best bid for the raking and construction of said improvements, the work of making and -2- t ' t: constructing said improvements and contract therefor is hereby awarded to Texas 3itulithic Company at and for the prices stated in the Proposal of said co,,:pany and as reported and recommended by the Public -Jdorks Department, which said report and recommendation is on file wit"ithe City, the City I%7anager and City Secretary are hereby directed to execute the said contract in the name of the amity of tort Nforth, Texas, a nd to impress the corporate seal of .the City thereon, the said contract embracing, among other things, the prices for the work. VII. The ir..provements provided for herein shall be made and constructed, notice given, hearing held and assessments levied and all proceedings take:: and had in accordance with and under the t erms 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. VIII. 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 i:4provaaents in each unit according to the cost of the improvements in that unit and according to the benefits aril ing froaL the improvements in that unit and independent of the cost of the benefits arising from the improvements in any other unit. In making assessments, if t he 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 snall be liable and the assessments against the property shall be valid. X. The Director of Public idorks 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 �4orth, Teas. XI. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the linute Hook of this City and by filing the complete Ordinance in the appropriate ordinance records of this City. XII. 'Phis ordinance shall take effect and be in full force and effect from and after the date of its passage. AP^_,nVr:D 113 l`1G FOR,_i n/A/fJ L'r_;GkLIPY SoV ♦ Vr`�r�/yI( i City Attorney CITY FORT Of FIC9gl RECORD THE SUBJECT FMATTER OF THIS XC�C OF FORT VY ®a`�T 1 �+ CTT e WAS PRESS a0 T;�6ITY COUNCIL c6� ��c�LlAIXI 1�I u v TEXAS ,. _;RyR TeX. tL� 5-94 ~- -6 Communication to Mayor and Council No. PWO— z ,�-✓ November 4, 1960 City Secretary Honorable Mayor and Members of the City Council Re: Assessment Paving of Edgeclif City of Fort Worth Road Project No. 94 B4 10 Group II (CIP 1 41) AP 60 20 Mrs. McKnight and Gentlemen: On October 24, 1960, bids were received for the construction of Assessment Paving of Edgecliff Road, in accordance with Ordinance No. 4376. The specifications provided for alternate types of pavement which are: Residential : (a) 51" Reinforced Concrete Pavement (b) 6" Hot-Mix Asphaltic Concrete Pavement (c) I#" Hot-Mix Asphaltic Concrete Surface Course, 5" Reinforced Concrete Base (d) If" Hot-Mix Asphaltic Concrete Surface Course, 7" Cement Stabilized Gravel Base (e) 31" Hot-Mix Asphaltic Concrete Surface Course, 8" Crusher Run Crushed Limestone Base Course The specifications called for bids on two basis: Bid No. I was to be on the assessment basis with the contractor performing the assessment pro- cedure as well as the outlined construction. Bid No. 2 was to be on the cash basis with a fiscal agent performing the assessment work, preparing rolls and accepting assessment certificates. F r bids were submitted on the basis of the contractor handling the assess me t procedure (Bid No. 1) , with the combination of alternates as follows: CONTRACTOR LOW BID TYPE General Const. Co. $26,053.84 Res: 6" Hot-Mix Asphaltic concrete pavement Texas Bitulithic Co. 26,572.81 Res: 6" Hot-Mix Asphaltic Concrete Pavement Glade Cons'. Co. 27,567.75 Res: 6" Hot-Mix Asphaltic Concrete Pavement Worth Const. Co. 43,047.95 Res: 5 P Reinforced Con- crete Pavement M&C PWO- 536 November 4, 1960 Page 2 The following bid was received on the basis of the contractor using the services: of a Fiscal Agent, (Bid No. 2) ; this bid is based on lowest combi- nation of alternates as follows: CONTRACTOR LOW BID TYPE R. W. Gibbins $36,426. 17 Res: 6" Hot-Mix Asphaltic Concrete Pavement The First of Texas Corporation of San Antonio, Texas, submitted the only bid for furnishing the Fiscal Agent's ervices, as follows: City's Share of Cost Fiscal Agent's Fee 40% or more 13.0% of Contract 30% 16.25% of Contract 20% 19.50% of Contract It is estimated that the City's share of the cost will be approximately 10 per cent of the contract cost. After evaluation of the lowest bids by each contractor, and adding the Fiscal Agent's fee, the bidding was as follows: CONTRACTOR LQW BIQ FISCAL AGENT'S FEE AT TOTAL 9 General Const. Co. $26,053.84 Does not apply $26,053.84 (Bid No. 1) Texas Bitulithic Co. 26,572.31 Does not apply 26,572.31 (Bid No. 1) Glade Const. Co. 27,567.75 Does not apply 27,567.75 (Bid No. 2) R. W.Blbbins 30,482. 15 $5,944.02 36,426. 17 Worth Const. Co. 43,047.95 Does not apply 43,047.95 On the basis of the lowest bid submitted in the amount of $26,053.84 by General Construction Company, the City's portion of the cost will be $2,550.34 plus engineering contingencies and the property owner's cost will be $23,503.50. it is recommended that the following action be taken: I . Award the contract for the construction to -the-General Construction Co. 2. Adopt the report of the director of finance, stating that sufficien funds are available. 3. Adopt an Ordinance setting November 18, 1960 as the date of the benefit hearing. Res tf I submitted LPC:ih L. P. Coo i g a