HomeMy WebLinkAboutOrdinance 6491 ORDINANCE NO.J rj2
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF JARVIS STREET
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO JAMES W. JACKSON,- INC. AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU-
TION; MAKING APPROPRIATION$ FOR THE PURPOSE OF PAYING THE INDEBTEDNESS
THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST
ABUTTING PROPERTIES AND THE OWNFRS THEREOF FOR A PART OF THE COST OF SUCH
IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF
SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PRE-
PARE ESTIMATES; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION
OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLAR-
ING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID
STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED
SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106;
COMMONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED
BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMERGENCY
EFFECTIVE MAY 12, 1967; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND EN-
ROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF
THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE 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 Specifications 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, avenues and public places in the City of
Fort Worth, Texas, to-wit:
JARVIS STREET From Lipscomb Street to Hemphill Street, known
and designated as Project No. 104-35000-331-
III.
Each of the above described portions of streets, avenues and public
places in the City of Fort north, Texas, shall be improved by raising,
grading, and filling same and by- constructing thereon the following, to-wit:
JARVIS STREET From Lipscomb Street to Hemphill Street, known
and designated as Project No. 104-35000-331, to
be improved with a seven and one half-inch thick
reinforced concrete pavement on a compacted sub-
grade, with seven-inch high concrete curb and two-
foot wide concrete gutter so that the finished
roadway will be thirty feet wide and by constructing
six-inch thick concrete driveways where specified.
The above, together with concrete curbs, gutters, driveways and incidentals
to such improvements, 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 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 deducting 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 there-
of and shall constitute a first and prior lien upon such properties and a personal
liability of the real and true owners there of 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
units 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 pro-
perty 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%) percent 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 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 City of Fort .Worth or its assigns, the entire
amount of the assessment upon which such default is made shall be and become immedi-
ately due and payable; but it is specifically provided that no assessments 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 pro-
vided by the law in force in the City, nor shall any assessment be made in any case
until after notice of hearing as provided 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 authorized payment
of the sums assessed against abutting property upon such completed 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 empowered 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 thereof 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 pertinent thereto, and shall further recite substantially that all pro-
ceedings 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 re-
citals 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 substantially
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
with 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 in-
validate 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.
VI.
Bids having been advertised for as required by Article 1105b of the re-
vised Civil Statutes of Texas, as amended, and the bid of JAMES W. ZACKSON, INC.
having been found to be the lowest and
best bid for the making and construction of said improvements, the contract there-
fore is hereby awarded to JAMES W. JACKSON 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 recommendation is on file with the City, the City Manager, and the
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 known as Article 1105b of Vernon's Texas Civil Statutes, as amended,
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.
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.
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 known 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 DAY OF 7 19e,
67
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
VICKERY BOULEVARD
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PROJECT NO. 104 - 35000 - 331
JARVIS STREET IMPROVEMENTS
From Lipscomb St. to Hemphill St.
CITY OF FORT WORTH
PUBLIC WORD DEPARTMENT
ENOINEERING DIVISION
I[MPRCVEMENTS ON JARVI[S STREET
PROJECT NO. 104-35000-331
A Neighborhood Meeting gyres conducted by the Engineering Department of the
Public Works Department at the City Hall (council Chamber on May 111, 1971,
for the improveie:ri'' s on Jarvis Street.
Procedures concerning owner participation In the coLl�t, methods and policies
in determining assessments, street construction standards, and methods of
payment were explained by Mar. Schmidt to the four persons attending.
The meeting was then opened for a question and answer session,
Mr. Jack Lamberts 712 W. Daggett, owner of Lot 3, Block 17, Jennings South
Addition, asked about owner occupied credit. He said that he had his
apartment over his business. He also said that he didn't need the driveway
as it was on the Tear of the property. Mar. Schmidt told him, that his
property would be checked again and that if he were due any credit "-_?a
assessment would be adjusted.
Mr. Louis C. Bowles, 4057 Hampshire, owner of Lot 1, Block 17, Jennings
South Addition, said that he was against the improvements.
Mr. T. E. Smith, 118 Hampshire,, owner of E. 85° o: Lot 6, Block 2, Jennings
South Addition, said he didn't feel that he would be beunefitted by the
improvements and that he thought they ought not be forced into paying.
After a short general discussion, the meeting was adjourned.
FORT WORTHD TEXAS
19
TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT WORTH, TEAS.
Gentlemen:
In accordance with the proceedings of your Honorable Body, I lheve prepared
estimates of the cost of street improvements as shown below:
Egtimates of the total cost of improvements ;;jn a portion of "ARVIS STREET
and portions of sundry other streets, avenues and public ;places in the City of Font
Worth, Texas, and estimated amnunnts per front foot to be assessed against abutting
property and the owners thereof, on each portion of street, a3,enuie and public place
are as follows, to-wit:
PROJECT NO. 104-33000-3310 JARVIS STREET FROM LIPSCOM STREET TO HEMPHI'LL STREET, to
be improved with a seven and one-half inch thick reinforced concrete pavement on a
compacted suvbgrade, with seven-inch high concrete curb and two-foot wide concrete
gutter, so that the finished roadway will be thirty feet wide and by constructing
sire-inch thick concrete driveways where specified
The following assessment rates have been established:
Seven and one-half inch thick reinforced concrete pavement
(Industrial Zoning) . . . . . . . . . . . . .
Seven-inch curb and two-foot gutter . . . . . . . . . . . .
Six-inch thick concrete driveway . . . . . . . . . . . . .74dS.F.
The assessments result in the following division of costs
TOTAL COST TO PROPERTY OWNERS . . . . . . . . . . . . $10,017.30
TOTAL COST TO CITY OF FORT WORTH . . . . . . . . . .
TOTAL EST DIATED CONSTRUCTION COST . . . . . . . . . $14,O� S.�LL
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PROJECT NO. 104-35000-331: JARVIS STREET FROM LIPSCOMB STREET TO HLMPHILL STREET, to be
improved by constructing a seven and one-half inch reinforced concrete pavement on a com-
pacted subgrade, with seven-inch high conncrete curb and two-foot wide concrete gutter, so
that the finished roadway will be thirty feet wide and by constructing six-inch thick con-
crete driveways where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSHENT
BEGINNING AT TFE NORTHEAST CORNER OF LIPSCOMB STREET AND JARVIS STREET
NORTH SIDE OF STREET JENNINGS SOUTH ADDITION
Southwestern Drug 5 2 180' Pavement $11.11 $1,999.80
Corporation Ix1 160' Curb & Gutter 1.86 297.60
c/o W. B. Cooley, Jr. 62 Sq. Ft. Drive .74 45.88
1011 Stemmons Towner S. $2,343.28
Dallas, Texas
Southwestern Bell W. 2 120' Pavement $11.11 $1,333.20
Telephone Company 120' Ind. 120' Curb & Gutter 1.86 223.20
Box 5521 of 6 110 Sq. Ft. Drive .74 81.40
Dallas, Texas $1,637.80
T. E. Smith E. 2 85' Pavement $11.11 $944.35
118 Hemphill 85' of Ind. $ 944.35
76104 Lot 6
HEMPHILL STREET INTERSECTS
SOUTH SIDE OF STREET
Louis C. Bowles 1 0 85' Pavement $11.11 $944.35
4057 Hampshire 85' Curb & gutter 1.86 158.10
83 Sq. Ft. Drive .74 61.42
$1,163.87
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PROJECT NO. 104-35000-331: JARVIS STREET FROM LIPSCOMB STREET TO HEMPHILL STREET -
CONTINUED
BLOCK
OWNER LOT ZONING FRONTAGE RATE AM90""T ASSESSMENT
SOUTH SIDE OF STREET JENNINGS SOUTH ADDITION
Southwestern Bell 2 17 75.6' Pavement $11.11 $839.92
Telephone Company Ind. 75.6' Curb & Gutter 1.86 140.62
Box 5521, Room 1202 $ 980.54
Dallas, Texas 75222
Jade N. Lambert 3 17 144.4' Pavement $11.11 $1,604.28
712 W. Daggett Ind. 144.4' Curb & Gtr. 1.86 268.58
76104 50 Sq. Ft. Drive .74 37.00
$1,909.86
Charles W. Hilburn 4 17 80' Pavement $11.11 $888.80
3604 Brighton Ind. 80' Curb & Gtr. 1.86 148.80
76109 $1,037.60
TOTAL, COST TO PROPERTY OWNERS . . . . . . . . . . . . $10,017.30
TOTAL COST TO CITY OF FORT WORTH . . . . . . . . . . 4,006.33
TOTAL ESTIMATED CONSTRUCTION COST . . . . . . . . . . $14.023.63
::
P� City of Fort Worth, `.texas
.mayor and Council Communication
DATE REFERENCE SUBJECT: Award of Contract PAGE
NUMBER
5/24/71 C-1992 Improvement of Jarvis Street Iof 2
City Council Action is requested on the project described below.
Project Description
Unit Street Limits Roadway Width Feet POW Widt'. Feet
1 Jarvis Street Lipscomb Street to 30 40
Hemphill Street
This street is presently unpaved and is located in an industrial zoned area,
which results in a large volume of truck traffic. In August of 1969, the
Telephone Company, owner of adjoining property, requested that the east
210 feet of Jarvis Street between Lipscomb Street and Hemphill Street be paved
Subsequently, while preparing the plans for the paving of this section of
Jarvis Street, the Public Works Department contacted the Frisco Railroad
relative to removing the two spur tracks which run down this section of
Jarvis Street. In February of 1971, a representative of the Frisco Railroad
stated that the lead track in the center of Jarvis Street could be retired,
and recommended that the track be paved over.
As a result of drainage problems in this street, which required adjustments
to the storm sewer inlets, and the problem of the existing railroad spur
tracks, it became apparent that the entire block should be paved, rather than
just the east 210 feet as originally requested by the Telephone Company.
Therefore, it was determined that this project should be City initiated in
order to resolve all of these problems under one contract, and the plans and
specifications were prepared to pave the full block. Since the south spur
track in this section of Jarvis Street was not in use and had not been used
for several years, and since the Frisco Railroad had not furnished any sched-
ule or made any moves to readjust this track, it was decided that the plans
would indicate the removal of this south track along with the center track.
If the Frisco Railroad desires the south track to remain, it will be necessary
for this company to make adjustments in its alignment and grade to fit the
new street.
Submission of Bids
The follawing bids have been received:
Bidder Amount of Bid
James W. Jackson, Inc. $12,748.75
L. Grimes & Co., Inc. 14,940.00
Austin Road Company 16,044.35
L. H. Shaw Construction Co. ,• Inc. 16,324.15
Texas Bitulithic Company 17,352.75
Bid Received: April 29, 1971
Working Days Allotted: 25
c
DATE REFERENCE SUBJECT: Award of Contract PAGE
NUMBER
5/24/71 C-1992 Improvement of Jarvis Street 2 ,f 2
Project Cost and Financing
Based on the low bid, $10,017.30 will be assessed against the abutting
property owners. The cost to the City-at-large will be approximately $4,000.
Sufficient funds are available in Account No. 104-35000-331 (Jarvis Street
from Lipscomb to Hemphill) for the City's share of construction cost,
inspection engineering, and miscellaneous expenses as provided by M&C G-1745,
"Reallocation of Street Improvement Bond Funds", dated May 10, 1971.
Recommendations
It is recommended that:
1) The following Bond Fund Transfer be approved:
Amount From To Reason
$10,017.30 Revolving Fund Jarvis Street To provide funds for prop-
042-09724-901 042-10435-331 erty owners' share in con-
Assessment Paving struction cost
Unspecified
2) An ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Making provisions for levying assessments;
c) Directing the Public Works Director to prepare estimates
of costs and amounts to be assessed;
d) Awarding the contract to James W. Jackson, Inc. , in the
amount of $12,748.75; and
e) Making appropriation to cover the indebtedness thereby
incurred for improvements as described above.
3) An ordinance be adopted:
a) Approving the estimates of costs and amounts to be
assessed; and,
b) Setting June 21, 1971, as the date for the Benefit Hearing.
RNL/je
Attachments:
"A" - Re s umA
"B" - Location Map
"C" - Engineers' Preliminary Rolls
SUBMITTED BY: DISPOSITIO COUNCIL: PROCESSED BY
APPROVED //9 OTHER (DESCRIBE)
M c Adopted Ordinance f.(mil�/ Declaring xeeuai ITY SECRETARY
and Ordering laving and Ordinance So. DATE
CITY MANAGER Batting Date of benefit Bearing/