HomeMy WebLinkAboutOrdinance 6662 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF CHESTNUT AVENUE
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO AUSTIN ROAD COMPANY 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 OWNERS THEREOF FOR A PART OF THE COST OF SUCH
IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF
SUCH ASSESSMENTS; DIRECTING T14E 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:
UNIT 1: CHESTNUT AVENUE From Northwest 27th Street to Northwest 28th
Street, known and designated as Project No.
104-24000-223, Unit 1.
M.
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: CHESTNUT AVENUE From Northwest 27th Street to Northwest 28th
Street, known and designated as Unit 1, Project
No. 104-24000-223, a 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 on a thirty
foot roadway and by constructing six-inch thick
concrete driveways where specified.
UNIT 2: NORTHWEST LORAINE STREET From Loving Avenue to Chestnut Avenue, known and
designated as Unit 2, Project No. 104-24000-223,
a six-inch thick hot-mix asphaltic concrete pave-
ment on a six-inch thick lime stabilized subgrade,
seven-inch high concrete curb and eighteen-inch
wide concrete gutter on a thirty foot roadway and
by constructing six-inch thick concrete driveways
where specified.
UNIT 3: NORTHWEST 30TH STREET From Hanna Avenue to Long Avenue, known and
designated as Unit 3, Project No. 104-24000--223,
a six-inch thick hot-mix asphaltic concrete pave-
ment on a six-inch thick lime stabilized subgrade,
seven-inch high concrete curb and eighteen-inch
wide concrete gutter on athirty foot roadway and
by constructing six-inch thick concrete driveways
where specified.
UNIT 4: NORTHWEST 31ST STREET From Prospect Avenue to Refugio Avenue, known and
designated as Unit 4, Project No. 104-24000-223, a
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 on a thirty foot roadway and by constructing
six-inch thick concrete driveways where specified.
UNIT 5: NORTHWEST 29TH STREET From Hanna Avenue to Long Avenue, known and design-
ated as Unit 5, Project No. 104-24000-223, a six-
inch thick hot-mix asphaltic concrete pavement on
a six-inch thick lime stabilized subgrade, seven-inch
high concrete curb and eighteen-inch wide concrete
gutter on a thirty foot roadway and by constructing
six-inch thick concrete driveways where specified.
UNIT 6: NORTHWEST 29TH STREET From Long Avenue to Kearney Street, known and
designated as Unit 6, Project No. 104-24000-
223, a six-inch thick hot-mix asphaltic concrete
pavement on a six-inch thick lime stabilized
subgrade, seven-inch high concrete curb and eight-
een inch wide concrete gutter on a thirty foot
roadway, and by constructing six-inch thick con=
crete driveways where specified.
UNIT 7: NORTHWEST 23RD STREET From Macie Avenue to Robinson Street, known and
designated as Unit 7, Project No. 104-24000-223,
a six-inch thick hot-mix asphaltic concrete
pavement on a six-inch thick lime stabilized sub-
grade, seven-inch high concrete curb and eighteen-
inch wide concrete gutter on a thirty foot road
way, and by constructing six-inch thick conceete
driveways where specified.
UNIT 8: NORTHWEST 31ST STREET From Robinson Street to Rock Island Street, known
and designated as Unit 8, Project No. 104-24000-
223, a six-inch thick hot-mix asphaltic concrete'
pavement on a six-inch thick lime stabilized sub-
grade, seven-inch high concrete curb and eighteen-
inch wide concrete gutter on a thirty foot roadway
and by constructing six4inch thick concrete drive-
ways where specified.
UNIT 9: ROCK ISLAND STREET From Northwest 31st Street to Buck Sanson Park,
known and designated as Unit 9, Project No. 104-
24000-223, a seven-inch thick hot-mix asphaltic
concrete pavement on a six-inch thick lime stab-
ilized subgrade , seven-inch high concrete curb
and eighteen-inch wide concrete gutter on a forty
foot roadway and by constructing six-inch thick
concrete driveways and four-foot wide concrete
sidewalk where specified.
UNIT 2: NORTHWEST LORAINE STREET From Loving Avenue to Chestnut Avenue, known
and designated as Project No. 104-24000-223,
Unit 2.
UNIT 3: NORTHWEST 30TH STREET From Hanna Avenue to Long Avenue, known and
designated as Project No. 104-24000-223, Unit 3.
UNIT 4: NORTHWEST 31ST STREET From Prospect Avenue to Refugio Avenue, known
and designated as Project No. 104-24000-223,
Unit 4.
UNIT 5: NORTHWEST 29TH STREET From Hanna Avenue to Long Avenue, known and
designated as Project No. 104-24000-223, Unit 5.
UNIT 6: NORTHWEST 29TH STREET From Long Avenue to Kearney Street, known and
designated as Project No. 104-24000-223, Unit 6.
UNIT 7: NORTHWEST 23RD STREET From Macie Avenue to Robinson Street, known and
designated as Project No. 104-24000-223, Unit 7 .
UNIT 8: NORTHWEST 31ST STREET From Robinson Street to Rock Island Street, known
and designated as Project No. 104-24000-223, Unit 8.
UNIT 9: ROCK ISLAND STREET From Northwest 31st Street to Buck Sanson Park,
known and designated as Project No. 104-24000-
223, Unit 9.
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 tobe 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 ss 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
r
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 Austin Road Company
having been found to be the lowest and
beat bid for the making and construction of said improvements, the contract there-
fore is hereby awarded. to Austin Road 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 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, �o
PASSED AND APPROVED THIS / /J? DAY OF C , 19�
APPROVED AS TO FORM AND LEGALITY:
City Attorney
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER Paving at 9 Locations on the 3
4/17/72 C-2202 North Side for
Council action on the project described below is requested.-
Project Description
Roadway Width R.O.W.
Unit Street Limits Feet_ Feet
1 Chestnut Avenue NW. 27th Street to 30 60
NW. 28th Street
2 Northwest Loraine Street Loving Avenue to 30 57
Chestnut Avenue
3 Northwest 30th, Hanna Avenue to 30 60
Long Avenue
4 Northwest -31st Street Prospect Avenue to 30 58
Refugio Avenue
5 Northwest 29th Street Hanna Avenue to 30 60
Long Avenue
6 Northwest 29th Street Long Avenue to 30 60
Kearney Avenue
7 Northwest 23rd Street Macie Avenue to 30 60
Robinson Street
8 Northwest 31st Street Robinson Street to 30 60
Rock Island Street
9 Rock Island Street NW. 31st Street to 40- 60
Buck Sansom Park
Units 1 through 7 were initiated by petitions from abut.ting..property owners.
Units 8 and 9 were initiated by the City as _a result of Developer's Contract
No., 6730 (M&C C-1901, January 18, 1971): It is proposed -to improve the
streets in Units 1 through 8 with six-Inch thick hot-mix.'"Ohvitic concrete
pavement on six-inch thick lime stabilized-suhgrade.. Seven�ach-thick hot-
mix asphaltic concrete pavement wi11 beased on Unit 9. SeQen &ttrch-high
concrete curb and eighteen-inch wide.=ooncrete. gutter will b& constructed on
all units except Units 1 and 4, where- two-f-oot guttax wiltbe tme$: Six-inch
thick concrete driveways will be constructed where specified. Sidewalk is
proposed on the northeast side of Rock Island Street adjacent to existing
apartment complex.
c
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER Paving at 9 Locations on the, 2 3
4/17/72 C-2202North Side
or —
Submission of Bids
The following bids have been received:
Bidder Amount of Bid
1. Austin Road Company $183,350.58
2. Texas Bitulithic Co. 184,647.39
3. Glade, Inc. 185,095.15
4. L. Grimes & Co. , Inc. 189,680.95
The following contractors received plans and specifications but did not
submit bids:
R. W. Gibbons, Inc.
Walt Williams Contracting Co.
Bids Received: March 23, 1972
Working Days Allotted: 169
Project Cost .and Financing
Based on the low bid, approximately $83,238.67 will be assessed against
abutting property .owners, which will be provided by a Bond Fund Transfer
from Revolving Fund Unspecified. Sufficient funds are available in
Project No. 104-24000-223, to provide $118,446.96 to finance the City's
share of cost of construction, inspection engineering salaries and
miscellaneous expenses.
Recommendations
It is recommended that:
1) The following bond fund transfer be approved:
Amount From To Reason
$83,238.67 Unspecified 9 Locations on the To provide funds for
Revolving Fund North Side property owners' share
042-09724-901 042-10424-223 of construction cost of
Assessment Paving at 9
Locations on the North
Side
Project No. 104-24000-
223
2) An ordinance be adopted:
a) Declaring the necessity for and ordering the
improvements;
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER
4/17/72 C-2202 Paving at 9 Locations on the 3 3
Borth Side or
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 Austin Road Company in
the amount of $183,350.58;
e) Making appropriations to cover indebtedness thereby
incurred for improvements of the project named above.
3) An ordinance be adopted:
a) Approving the estimates. of costs and amounts
proposed to be assessed; and,
b) Setting May 15, 1972, as the date of the Benefit
Hearing.
L:ms
ttachments:
"A" - Resume
"B" - Location Maps
"C" - Engineers' Preliminary Rolls
SUBMITTED BY: DISPOSITION ' OUNCIL: PROCESSED BY
pp PROVED /❑ OTHER (DESCRIBE)
CITY SECRETARY
DATE
CITY MANAGER