HomeMy WebLinkAboutOrdinance 4692 ORDINANCE NO. � �. rT• WQriT�I,y TfX.
AN ORDINANCE DETERMINING THE M--,SSITY FOR AND ORDERING AND
PROVIDING FOB THE IMPROVEMENT OF A PORTION OF DONNELLY AVENUE'
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIO PLACES
IN THE CITY OF FORT WORTH, TEXAS: LETTING CONTRACT TO GENERAL
CONSTRUCTION COMPANY FOR THE MAKING AND CONSTRUCTION OF SUCH IM-
PROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR
TEE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING
PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING
PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH
IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CMTIFICATES IN
EVIDENCE OF SUCH ASS':SSM?NTS; DIRECTING TH7 PUBLIC WORKS DIRECTOR
OF THE CITY TO PREPARE ESTIMATES; DIRECTING THE CITY SECRn.+,TARY TO
FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK
OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS GRDI11ANCE AND ALL
SUBSEgUENT PROCEEDINGS RELATING TO SAID STREET IMPROV NT ARE
AND SHALL BC PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF
TIE FORTIETH LEGISLATURE OF THE STATE OV "_'EXAS, CHAPTER 106,
COMMONLY KNOWN AS ARTICLE, 1105b OF VERNONIS TF=S CIVIL STATUTES;
AND DIRECTING TEV CITY SECRETARY TO ENGROSS AND ENROLL THIS
ORDINANCE, BY COPYI1G THE CAPTION OF SAME IN THE MINUTE BOOK OF
THE CITY COUNCIL AND BY FILING TIE 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 improvement 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, XMI THEREFORE:
BE IT ORDAINED BY TIE, 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 Fbrt Worth, Texas,
to-wit:
1. Donnelly Avenue From Merrick Street to Neville
Street, Known and designated as
Unit No. 1.
2. Byers Avenue From the East line of Lot 9,
Block 15, qusensborough Heights
Addition, to Montgomery Street,
known and designated as Unit No.
2.
3. Lovell Avenue From Faron Street to Como Avenue,
known and designated as Unit No. 3.
4. Lovell Avenue From Bala.sco Street to East end
of Street. known and designated as
Unit No. 4.
_y.
5. Diaz Avenue Flom Halloran Street to Littlepage
Street, known and designated as
Unit No. 5.
6. Olive Place From Curzon Avenue to Locke Avenue,
known and designated as Unit No. 6.
7. Penticost Street From Curzon Avenue to Lovell Avenue,
known and designated as Unit No. 7.
8. Degary Street From Locke Avenue to Vickery Blvd.
known and designated as Unit No. 8.
9. Diaz Avenue From Fgron Street to Horne. Street,
known and designated as Unit No. 9.
10. Diaz Avenue From Horne Street to Halloran Street,
known and designated as Unit No. 10.
11. Balasco Street From Vickery Boulevard to Locke Avenue,
known and designated as Unit No. 11.
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. Donnelly Avenue Unit No. 1, 6" Hot-Mix Asphaltic
concrete pavement on 361 roadway.
2. Byers Avenue Unit No. 2, 6" Hot-Mix Asphaltic
concrete pavement on 301 roadway
from Montgomery Street to Owasso
Street to the north and a 401 road-
way from the east line of Lot 9. Blk.
15, q eeneborough Heights Addition,
to Owasso Street to the north.
3. Lovell Avenue Unit No. 3, 6" Hot-Mix Asphaltic
concrete pavement on 36t roadway.
4. Lovell Avenue Unit No. 4, l*p Hot-Mix Asphaltic
concrete pavement on 3p Hot-Mix
Asphaltic concrete base course on
lop Crushed Limestone Base on 301
roadway.
5. Diaz Avenue Unit No. 5, 6p Hot-Mix Asphaltic
concrete pavement on 361 roadway.
6. Olive Place Unit No. 6, 6p Hot-Mix Asphaltic
concrete pavement on 301 roadway.
7. Penticost Street Unit No. 7, 6" Hot-Mix Asphaltic
concrete pavement on 301 roadway.
8. Degary Street Unit No. 8, 12p Hot-Mix Asphaltic
concrete pavement on 3-_tp Hot-Mix
Asphaltic concrete base course on
10" Crushed Limestone Base on 401
roadway.
9. Diaz Avenue Uait No. 9. 611 Hot-Mix Asphaltic
concrete pavement on 36, roadway.
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10. Diaz Avenue Unit No. 10, 6n Hot-Mix Asphaltic
concrete pavement on 361 roadway.
11. Balasco Street Unit No. 11, 1#s Hot-Mix Asphaltic
concrete pavement on 3*u Hot-Mix
Aphaltic concrete base course on
10* Crushed Limestone Ease on 36,
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 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 (9110ths) of the estimated cost of
the remainder of such improvements.
B. The City of Port 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 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;
When the improvements are completed and accepted by the City on a parti-
cular 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 be-
fore 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 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 installment at any time be-
fore 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 Port 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 and 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 Port Worth, PR09ID8D, 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 completed and accepted unit in not more than
forty-eight equal regular monthly installments of not less thsa $9.00 each, the first of
such installments to become due and payable not more than 30 days after the completion and
acceptance by the City of the particular unit, PROVIDED FMTMM, that the City Attorney is
hereby empowered to authorize payments of said sums in lesser installments and/or over a
longer period of time in cases in which the Director of Public Works has previously determined
that an extreme financial hardship upon the property owner will otherwise result; and
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PROVIDED FURTHER, that such method of payments shall be authorized only in instance$ 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 mechaaicle
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 re-
cite 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 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 Fbrt Worth, 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, 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 incoming 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 ass-
essment 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 110$b of the re-
vised 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 comparW 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 :br 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 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 Fbrtieth Legislature of the State of Texas, now shown as
Article 1105b of Vernonts Texas Civil Statutes, which law has been adopted as an ammendment
to and made a part of the Charter of the City of Fbrt Worth, Texas, and under which law
these proceedings are taken and had.
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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.
Z.
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.
%I.
The Director of Public Works of the City of Fbrt 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 I.
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 Fbrty-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 being shown as Article 1220a of Vernon's Texas Civil
Statutes.
SIII.
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.
%IV.
This ordinance shall take effect and be in full force and effect from and
after the date of its passage.
PASSED AND APPROVED THIS DSY OF 196 0?•
1/7
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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Y OF FORT W(TRrrH t-.r. raw�
CITY OF FORT WORTH, TEXAS �*
THE SUBJECT MITTE?t OF THIS M. C.C. TEXAS
WAS PRESENTED 00 THE CITY COUNCIL
AUG 6 OFFICIAL RECOR 182
AND WA.S L�AFFAP$�Vf9E CITY MANA ER Communication to Mayo and Council No.
�O�O���t A
r�°_ FT. RT
August 6, 1962
City Secretary
Honorable Mayor and Re: Assessment Paving at Eleven
Members of the City Council Locations on West Side, Project
City of Fort Worth 94-B4-31 1962 yCIP A-119
Mrs. McKnight and Gentlemen: ?/—
; / 4
Petitions have been received requesting the pa ng of the following street
on an assessment basis:
STREET NAME LIMITS ROADWAY
WIDTH
Donnelly Avenue Merri k St. to Neville Street 361
Byers Avenue Doroi ► Lane to Montgomery Street 301 & 401
Lovell Avenue Faron treet to Como Avenue # 36'
Lovell Avenue Balasco Street to Fast End of Street 30f
Diaz Avenue Halloran St. to Littlepage Street # 36,
Olive Place Curzon Avenue to Locke Avenue 341
Penticost Street Curzon Avenue to Locke Avenue 301
Degary Street Locke Avenue to Vickery Boulevard 401
Diaz Avenue Faron Street to Horne Street * 36t
Diaz Avenue Horne Street to Halloran Street * 36,
Balasco Street Vickery Boulevard to Locke Avenue 36,
These streets are recommended for 36 foot roadways to conform with
the present roadway widths and existing improvements. These streets have
an 80-foot right-of-way and the existing pattern in this area is for a 36
foot roadway. (M&C G-187).
Byers Avenue from Owasso to Montgomery serves an industrially zoned
area. For this reason, a 40-foot roadway on the existing 95-foot right-
of-way is recommended. From Owasso to Dorothy Lane.i, Byers serves a
residential area, and a 30-foot roadway on the existing 60-foot right-of-
way is recommended.
Degary Street is an industrially zoned area, and serves as a feeder
street for the Fast-West Freeway; therefore, it is being paved with com-
mercial type pavement. A 40-foot roadway is recommended to conform with
the existing improvements. A portion of this street was recently paved
on a 40-foot roadway width (M&C PW1-99 and G1-118).
OFFICIAL RECORD
M&C PW-1182 CITY SECRETARY
August 6, 1962 FL WORTH, TD(.
Page Two.
Balasco Street is an industrially zoned area and is being
paved with commercial type pavement. A 36-foot roadway width is recommen-
ded to conform with the existing improvements. A portion of this street
was recently paved on a 36-foot roadway width (M&C PW1-99) and G1-118).
Tht petition on this street was received after the 1962 Capital Improvement
Program was prepared, but was included in this project which is composed o
streets in one general area.
Bids were received on June 26, 1962, and the following is a tabulation of
the bids submitted for construction of this project:
BIDDER BID QUOTATION
General Construction Company $81,515.85
R. W. Gibbins, Inc. 82,137.44
Glade Construction Company 82,637.37
W. E. Brittain 83,705.16
Texas Bitulithic Company 85,413.96
It is recommended that the following action be taken:
1. An ordinance be adopted declaring the necessity for and ordering
the improvements; making provisions for the levying of assess-
ments; directing the Public Works Department to prepare estimates
of cost and amounts to be assessed; awarding the contract to
General Construction Co. on its low bid of $81,515.85; and making
appropriations to cover the indebtedness thereby incurred for
improvements of the streets named above.
2. An ordinance be adopted approving the estimatbi' of cost and
amounts proposed to be assessed; and setting August 20, 1962"
as the date for the benefit hearing.
3. Approve the following Bond Fund Transfers to provide funds for
the City's construction and engineering costs and the property
owners' assessments:
AMOUNT FROM TO
$24,081.47 94-B4-901 Unspecified 94-B4--31, 11 Locations
Assessment Paving on West Side
Projects
#65,434.38 Assessment Paving Revolving Fund, Reserve
Revolving Fund fdF A6sessment Paving,
Project No. 94-B4-31•
7Re p c 1 v sub itted,
LPC:mm L. P. Cookingham
City Manager