HomeMy WebLinkAboutOrdinance 6192 ORDINANCE N0. 6 1 FT. WORTH,
ORTH, TEX. I
AN ORDINANCE DETERMINING THE NECESSITY FOR ANI ORDERING AND PROVIDING
FOR THE IMPROVEMENT OF A PORTION OF HUMBOLT STREET
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO AUSTIN ROAD CO. AND WORTH CONSTRUCTION CO. AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION;
MAKING APPROPRIATIONS FOR THE 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 IMPROVE-
MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES 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 SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET
IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SES-
SION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106; COM-
MONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED
BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMER-
GENCY EFFECTIVE MAY 12, 1967; 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 ORDINANCE IN THE APPRO-
PRIATE 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 ex-
amined by the City Council of the City of Fort Worth, Texas, and found to be in all mat-
ters 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:
UNIT 1: HUMBOLT STREET From Luxton Street to 294' East,
Known and designated as Unit 1,
Project No. 104-24000-193.
UNIT 2: AVENUE I From Beach Street to Conner Avenue,
known and designated as Unit 2,
Project No. 104-24000-193.
UNIT 3: RICHMOND AVENUE From Renner Avenue to Daniel St. ,
known and designated as Unit3,
Project No. 104-24000-193.
UNIT 4: RICHMOND AVENUE From Daniel Street to Belzise
Terrace, known and designated as
Unit 4, Project No. 104-24000-193.
UNIT 5: BEVERLY AVENUE From Morningside Drive to E. Robert
Street, known and designated as
Unit 5, Project No. 104-24000-193.
UNIT 6: BEVERLY AVENUE From E. Robert Street to Mulkey
Street, known and designated as
Unit 6, Project No. 104-24000-193.
UNIT 7: OLD MANSFIELD ROAD From East Berry to 700' North,
known and designated as Unit 7,
Project No. 104-24000-193.
UNIT' 8: HATHCOX AVENUE From Fair Park Blvd. to 500'
East, known and designated as
Unit 8, Project No. 104-24000-193.
UNIT 9: COLLIN STREET From Shackleford Street to Rutan
Street, known and designated as
Unit 9, Project No. 104-24000-193,
a.xa o
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:
UNIT 1: HUMBOLT STREET From Luxton Street to 294' East, known
and designated as Unit 1, Project
No. 104-24000-193, to be improved with
six-inch thick hot-mix asphaltic concrete
pavement on a six-inch thick lime
stabilized subgrade, 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 and
four-foot wide concrete sidewalks where
specified.
UNIT 2: AVENUE I From Beach Street to Conner Avenue, known
and designated as Unit 2, Project No.
104-24000-193, to be improved with six-
inch thick hot-mix asphaltic concrete
pavement on a six-inch thick lime
stabilized subgrade, 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 concrete driveways and four-
foot wide concrete sidewalks where
specified.
UNIT 3: RICHMOND AVENUE From Renner Avenue to Daniel Street,
known and designated as Unit 3, Project
No. 104-24000-193, to be improved with
six-inch thick hot-mix asphaltic concrete
pavement on a six-inch thick lime
stabilized subgrade, 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 concrete driveways and four-foot
wide concrete sidewalks where specified.
UNIT 4: RICHMOND AVENUE From Daniel Street to Belzise Terrace,
known and designated as Unit 4, Project
No. 104-24000-193, to be improved with
six-inch thick hot-mix asphaltic concrete
pavement on a six-inch thick lime stabil-
ized subgrade, 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.
UNIT 5: BEVERLY AVENUE From Morningside Drive to East Robert
St. , known and designated as Unit 5, Pro-
ject No. 104-24000-193, to be improved
with six-inch thick hot-mix asphaltic
concrete pavement on a six-inch thick
lime stabilized subgrade, seven-inch high
concrete curb and a 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.
UNIT 6: BEVERLY AVENUE From East Robert Street to Mulkey Street,
known and designated as Unit 6, Project
No. 104-24000-193, to be improved with
six-inch thick hot-mix asphaltic concrete
pavement on a six-inchthick stabilized
subgrade, 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.
UNIT 7: OLD MANSFIELD ROAD From East Berry to 700' North, known and
designated as Unit 7, Project No. 104-
24000-193, to be improved with seven-
inch thick hot-mix asphaltic concrete
pavement on a six-inch thick cement
stabilized subgrade, seven-inch high
concrete curb and two-foot wide concrete
gutter, so that the finished roadway
will be forty feet wide and by con-
structing six-inch thick concrete drive-
ways and four-foot wide concrete side-
walks where specified.
UNIT 8: HATHCOX AVENUE From Fair Park Blvd. to 500' East, to be
improved with six-inch thick hot-mix
asphaltic concrete pavement on a six-
inch thick cement stabilized subgrade,
seven-inch high concrete curb andtwo-
foot wide concrete gutter, so that the
finished roadway will be thirty feet
wide and by constructing six-inch con-
crete driveways and four-foot wide
concrete sidewalks where specified.
UNIT 9: COLLIN STREET From Shackleford Street to Rutan St. ,
known and designated as Unit 9, Project
No. 104-24000-193, to be improved with
six-inch thick hot-mix asphaltic concrete
pavement on a six-inch thick cement
stabilized subgrade, seven-inch high con-
crete curb and two-foot wide concrete
gutter, so that the finished roadway
will be thirty feet wide and by con-
structing six-inchthick concrete drive-
ways 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 ATT(; N ROAn rn AND WORTH
r()NgT8uCTI0N Co 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 AUSTIN ROAD CO. AND WORTH CONSTRUCTION CO.
, 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.
X 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 ,(,Q/ DAY OF� 1944
APPROVED AS TO FORM AND LEGALITY:
57
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LA O Unt t `� U
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9 LOCATIONS ON THE SOUTHEAST SIDE
PROJECT NO. 104. 24000. 193
i
CITY OF FORT WORTH
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
ASSESSMENT PAVING AT 9 LOCATIONS ON THE SOUTHEAST SIDE
PROJECT NO. 104-24000-193
A Neighborhood Hearing was conducted by the Engineering Division of the Public
Works Department at D. McRae Elementary School on October 20, 1969, for the
Assessment Paving at 9 Locations on the Southeast Side.
Procedures concerning owner participation in the cost, method and policies of
determining assessments, street construction standards and methods of .payment
were explained by Mr. Schmidt to the fifteen (15) persons in attendance.
Unit 1, Humbolt Street: No questions.
Unit 2, Avenue I: No questions.
Unit 3, Richmond Avenue: Mrs. DuVall, executor of C. C. Kinsey Estate, Lot 24,
Block 16, Graham Park Addition, asked about the difference in the cost for res-
idential and industrial zoned property. She said she and her sister were co-heirs
in the property and that her sister lived in the house. She was told that her
assessment would be adjusted. (Owner occupied credit)
Unit 4, Richmond Avenue: No questions.
Unit 5, Beverly Avenue: Mr. Timothy Drayden who is buying Lot 17, Block 24,
Ryan's Southeast Addition, asked if he could have the driveway changed. The
staff explained that this would be the only way to get into his garage. He is
using the right-of-way for a driveway now.
Unit 6, Beverly Avenue: No questions.
Unit 7, Old Mansfield Road: No questions.
Unit 8, Hathcox Avenue: No questions.
Unit 9, Collin Street: Reverend Pollard, pastor of Liberty Tabernacle Assembly
of God Church, requested another driveway. He was told to contact Jack Daniels,
Traffic Engineering Department, as to width and location.
Mr. L. D. Hudgins, 3609 Collin, Owner of Lot 3, Block 12, Homewood Addition, asked
if he could have a wider driveway. He was assured that this would be done. Mr.
John D. Marsh, 3420 Wilbarger, owner of Lot 5 and � of Lot 4, Block 12, Homewood
Addition, made the same request.
Mr. Elgene Pearce, 2301 Irwin, owner of Lot 11, Block 11, Homewood Addition,
requested an additional driveway.
Mr. Richardson, 3605 Collin, owner of Lot 2, Block 12, Homewood Addition, was
concerned about drainage.
There were no objections and all present were anxious for the work to start. After
a short general discussion the meeting was adjourned.
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UNIT 1 : Humbolt Street
From L uxton Street to 294 East
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UNIT 2 : Avenue I
From Beach Street to Conner Avenue
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UNITS 3 & 4 : Richmond Avenue
From Renner Avenue to Belzise Terrace
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From Morningside Drive to Mulkey St .
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UNIT 7 : Old Mansfield toad
From East Berry Street to 700'# North
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UNIT 8 : H athcox Avenue
From Fair Park Boulevard to 500' East
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UNIT 9 : Collin Street
From Shackleford Street to Rutan Street
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER
11/3/69 C-1600 Paving of 9 Locations on the IOf _
R.6 B:
GRl.!'AM City Council action is requested on the project described below.
ci Project Description
Unit Street Limits Roadway Width R.O.W.
1. Humbolt Street From Luxton Street 30 Feet 50 Feet
to 294' East
2. Avenue I From Beach Street 30 Feet 60 Feet
to Conner Avenue
3. Richmond Avenue From Renner Avenue 30 Feet 60 Feet
to Daniel Street
4. Richmond Avenue From Daniel Street 30 Feet 60 Feet
to Belzise Terrace
5. Beverly Aventye From Morningside 30 Feet 60 Feet
Drive to East
Robert Street
6. Beverly Avenue From East Robert 30 Feet 60 Feet
Street to Mulkey
Street
7. Old Mansfield From East Berry 40 Feet 50 Feet
Road Street to 700'
North
8. Hathcox Avenue From Fair Park 30 Feet 40 Feet
Boulevard to 500'
East
9. Collin Street From Shackleford 30 Feet 50 Feet
Street to Rutan
Street
Petitions have been received from the property owners for the paving of all the
units, except Unit 7, which was City initiated as a community facilities con-
tract. Sidewalks have been included in Units 2 and 7, to tie in with existing
sidewalks and because both streets (Avenue I and Old Mansfield Road) connect
with major thoroughfares.
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
11/3/69 NUMBER Paving of 9 Locations on the 2 orb
C-1600 Southeast Side
Submission of Bids
The following bids have been received:
Bidder Total Amount Bid
Austin Road Company & Worth Construction Company $165,181.23
Texas Bitulithic Company 170,312.55
Ernest Loyd 171,111.55
SRO Asphalt, Inc. 175,069.25
Bids Received: October 10, 1969
Working Time: 125 Working Days
Project Cost and Financing
Based on the low net bid, approximately $59,169 will be assessed against
abutting property .owners. The cost to the City-at-large will be approximately
$123,000, including engineering expenses.
A Bond Fund Transfer from Unspecified Funds is proposed to provide for the
City's portion of the cost of the project.
Recommendations
It• is recommended that:
1) The following Bond Fund Transfers be approved:
Amount From To Reason.
$ 59,169.22 Unspecified 9 Locations on Property Owner's
042-09724-901 Southeast Side Portion of Construc
042-10424-193 tion Cost
$123,000.00 Unspecified 9 Locations on City's Portion
104-24000-901 Southeast Side of Construction,
104-24000-193 Engineering and
Miscellaneous Costs
2) An ordinance be adopted:
(a) Declaring the necessity for ordering the improvement;
(b) Make provisions for levying of assessments;
(c) Directing the Public Works Department to prepare
estimates of costs and amounts to be assessed;
(d) Awarding a contract to Austin Road Company and Worth
Construction Company in the amount of $165,181.23; and,
(e) Making appropriations to cover indebtedness thereby
incurred for improvements of the project named above.
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER Paving of 9 Locations, on the Southeast Side
11/3/69 C-1600 -3
3) An ordinance be adopted:
(a) Approving- the estimates of cost and-amounts proposed to
be assessed; and
(b)• Setting Dezember 1, 1969, as the date- for the Benefit
Hearing.
HDM:jp
Attachments:
"A" - Map of Project
"B" - Resume of Location Maps
"C" - Engineers' Preliminary Rolls
SUBMITT D BY: DISPOSITIO BY COUNCIL: PROCESSED BY
C DAPPROVED GG O OTHER (DESCRIBE) /za,413
Adopted Ord. No. "l Declaring Necessity CITY SECRETARY
DATE
and Ord. No. j����j Setting Date of Benefit DA A 9
CITY MANAGER Hearing