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HomeMy WebLinkAboutOrdinance 4390 OETICEAL. RECORD ORDINANCE NO. o CITY SECRETARY ET. 4"1OT�f, TES. AN ORDINANCE LETTING CONTRACT TO TEXAS BITULITHIC COMPANY FOR THE MAKING AND CONSTRUCTION OF IMPROVEMENTS AND AUTHORIZING ITS EXECUTION, MAKING PROVISION FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVE- MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS, DIRECTING THE PUBLIC WURKS DIRECTOR OF THE CITY TO PREPARE ESTIMATES, DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLA- TURE OF THE STATE OF TEXAS, CHAPTER lob, COMMONLY KNOWN AS ARTICLE 1105b OF VERNONIS TEXAS CIVIL STATUTES AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL 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 improvement of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: MEADOWBROOK DRIVE: from the east line of Weiler Boulevard to the east line of Oakhill Road OAKHILL ROAD: from the north line of Meadowbrook Drive to 3001 north of Yolanda Drive and same having been examined by the City Council of the City of Fort north, 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 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 Worth, Texas, shall be improved 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 shown on the Plans and in strict accordance with the Plans and Specifications therefor. 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 coin 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 abuttin properties and the real and true owners thereof as set out above in subsection fa). -1- 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: dhen 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 installients after the date of the completion and acceptance of such respective unit. 'Phe entire amount assessed against the particular parcels of property shall bear interest from the date of such completion and acceptance of the iV rove- ments on the unit 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 time before 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 Contractor or its assigns, the entire amount of the assess- ment upon which such default is :lade 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 Ciiy, nor shall any assessments be made in any case until after notice and hearing as provided by law, Said assess- ments against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of special assessments which shall be executed in the name of the City of r'ort 1iorth, 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 Aayor of said City and the City Secretary shall attest the same and imroress 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 assess- ment is payable, which certificates shall be issued to the Contractor, General Construction Company, 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 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 sub- stantially that if default be made in the payment of any installment promptly as the same matures, then, at the option of said contractor, or its assigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorneys' fees and costs of collection, if incurred, all of which, as well as the principal and interest on the assessment, -2- 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 innaming any owner or in des- cribing 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 pro- perty exempt by law from the lien of special assessment for street improvements ahall not invalidate any assessment levied. 'The certificates referred to need not contain recitals in exactly the works 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 the City Charter, and the bid of General Construction Company having been found to be the lowest and best bid for the _raking and construction of said improvements, the work of making and constructing said improvements and contract therefor 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 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. VI. The improvements provided for herein shall be made and con- structed, notice given, hearing held and assessments levied and all proceed- ings taken and had in accordance with and under the terms of the powers and provisions of Chapter 106 of the Acts of the 2irst 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, Texag and under which law these proceedings are taken and had. VIl. The improvements provided for herein shall be made and constructed, rttice 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 io rtieth Legis- lature 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 improvements in each unit according to the cost of the improvements in that unit and according to the benefits existing from the improvements in that unit and independent of the cost of the benefits existing from the improvements in any other unit. -3- f � . IX. 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. X. The Iktrector 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. XI. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of this City and by filling the complete Ordinance in The appropriate Ordinance Records of this City XII_ This Ordinance shall take effect and be in full force and effect from and after the date of its passage. APPROVED AS TO FORM AND LEGALITY: for City Attorney woRTA. TEXAS R- CITY OF FORT * ��,c. >r THE SUBJECT MATTER OF TRIS i. CIT OF FORT WORTH � Mr. Thelir. WAS Pis OVD 4 19�0CI__�---- N TEXAS �. Morphia AND Wks 31--AY OVDD _ . . 07 THE CITY_ R' Communication to Mayor an o. CITY SCCRCTAid i November 4, 1960 FT. WOR �"'� ��, Tt„ Honorable Mayor and Re: Assessment Paving of Meadow- Members of the City Council brook Drive and Oak Hill City of Fort Worth Road, Project No. 94 B4 11 , AP 60 20 (CIP 1 41) Mrs. McKnight and Gentlemen: On October 24, 1960, bids were received for the construction of "Assessment Paving on Meadowbrook Drive and Oak Hill Road," in accordance with Ordi- nance No. 4376. The specifications provided for alternate types of pave- ment which are: Residential : (a) 51ll Reinforced Concrete Pavement (b) 6" Hot Mix Asphaltic Concrete Pavement (c) I}" Hot-Mix Asphaltic Concrete Surface Course, 5" Reinforced Concrete Base (d) I }" 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. ( 1) 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. Two bids were submitted on the basis of the contractor handling the assess ment procedure (Bid No, 1) , with the combination of alternates as follows: CONTRACTOR ,LN 810 TYPE Texas Bitulithic Co. $94,735.00 Res: 76" Hot-Miic..Asphaltic; Concrete Pavement Worth Construction Co. 132,690.65 Res: 51" Reinf. Concrete Pavement The following bids were received on the basis of the contractor using the services of a Fiscal Agent, (Bid No. 2) ; these bids are based on lowest combination of alternates as follows: MSC PWO- 537 November 4, 1960 Page 2 CONTRACTOR LOW BID TYPE Glade Construction Co. $ 89,481 .54 Res: 6" Hot-Mix Asph. Conc. Pavement General Construction Co. 87,906.80 Res: 6" Hot-Mix Asph. Conc. Pavement R. W. Gibbins 95,461 .45 Res: 6" Hot-Mix Asph. Conc. Pavement The First of Texas Corporation of San Antonio, Texas, submitted the only bid for furnishing the Fiscal Agent's services, 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 40 per cent or more 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: FISCAL AGEN'S FEE AT CONTRACTOR LOW BID 13.0% of Bid No. 2 TOTAL Texas Bitulithic Co. $94,735.00 Does not apply $94,735.00 (Bid No. 1) General Const. Co. 87,906.80 $ 11 ,427.88 99,334.68 (Bid No. 2) R. W.Gibbins 95,461.43 12,409.98 107,871.43 (Bid No. 2) Worth Const. Co. 132,690.65 Does not apply 132,690.65 (Bid No. 1) On the basis of the lowest bid submitted in the amount of $94,375.00 by Texas Bitulithic Company, it is estimated that the City 's portion 6f the cost will be $40,483.00 and the property owner's cost will be $53,891 .20. It is recommended that the City Council adopt an ordinance awarding the contract to Texas Bitulithic Company. It is also recommended that the report of the Director of Finance, stating there arA sufficient funds avail- able for this project, be adopted. Res t ly submitted LPC: ih . Ca g m