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HomeMy WebLinkAboutOrdinance 4608 ORDINANCE NO. AN ORDINANCE DETER14INING THE NECESSITY FOR AND ORDERING AND OFFICE1 Ii Lo210 PROVIDING FOR THE IMPROVEMENT OF A PORTION OF MILLER STREET- OAKLAND BOULEVARD IN THE CITY OF FORT WORTH, TEXAS; LETTING C111 'E'RETARY CONTRACT TO WORTH CONSTRUCTION COMPANY FOR THE MAKING AND WORTH, TEX. CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXE- FT. CUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISION 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 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 IM- PROVEMENT 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; 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 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 improvement of the hereinafter described portions of Miller Street-Oakland Boulevard 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, THATs 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 Miller Street-Oakland Boulevard in the City of Fort Worth, Texas, to-wits Miller Street-Oakland Boulevards From the North line of Hawlet Street to the South line of Kenwood Court, known and designated as Unit No. 1. III. 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 as follows, to-wit: Miller Street-Oakland Boulevard: Unit No. 1, 7" Reinforced Concrete Pavement. 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 frains and other necessary incidentals and appurtenances; all of said improvements to be constructed as and where shown on the Plans and Specifications, therefore. -1- IV. The cost of said improvements as herein defined shall be paid for as follows, to-wit: A. The property abutting on those portions of streets, avenues and public places 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 improve.n.:ents. B. The City of Fort �-orth shall pay all of the remainder of the cost of said improvements after deducting the amounts herein specified to be paid by the abut ing pro- perties 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: ..+hen the L.prove:.ents are co::,pleted 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 respecti.ely on or before thirty (30) days, one (1), two (2), three (3) and four (4) years from the date of such completion and acceptance, and the assess-rents 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 cue and payable on the date said installr:ent matures, provided that any ownei shall have the right to pay any and all of such ins�allment at any time before maturity by paying principal waith interest accrued to the date of payment, and further provided if default be made in the pay- ment of any installment promptly as the sane 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 immec:iately due and payable; but it is specifically provided that no assessment shall in any case by made against any property or an/ :,caner thereof in e;;cess of the special uenefits to property in the enhanced value thereof by Weans of said improvements in the unit upon which the particular property abuts, as ascretained 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 assess ents against the respective lets and parcels of property and owners thereof shall be evidenced by certificates oT a special assessment which shall. be e>ccuted in the name of the City of Fort +vorth, PRCVIDED, however, that acting through its duly authorized Director of Public hor:cs, the City of Fort 45crth retaining the right to auth rize payment of the suns assessed aga=,nst abutting property upon such completed and accepted unit in not more than forty-eight equal regular monthly install- ments of not less than $9.00 each, tLe first of such install:r:ents to become due and payable not more than 30 days after the completion and acceptance by the City of the particular unit, PRCVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments of said surr:s in lesser installments and/or over a longer period of time in cases in which the Director of Public P+arks has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PRCVIDED FURTHER, that such method of payments 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 materialran'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 assess.r.ent, which shall be exe- cuted in the na-::e of the City by the j.:ayor of said City and -..he 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 install- ments in which the assessment is payable, which certificates shall be issued to the City of Fort .North, shall recite the terms and time of payment, the amount of the assessment, the description of the property, and the na-,e of the corners, as far as known, and shall contain -2- 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 stall 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 deault be made in the payment of any install- ment promptly as the same matures, then, at the option of the City of Fort North, or its assigns, the entire amount of the assessment shall be and becc;me 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 c-iaims except State, County, School District, and City ad valore;-. 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 certi- ficate issued in evidence thereof, and the omission of improvements on any particular unit or in front of any property exemp by laav from the lien of special assess ent for street improvements shall not invalidate any assessment levied. The certificates referred to need not contain recitals in exactly to word above provided for, but the substance thereof shall suffice, and they may contain other and additional recitals pertinent thereto. VI. Bids have been advertised for as required by Article 1105b of the revised Civil Statutes of Texas, and the bid of Worth Construction Company having been found to be the lowest and best bid for the ma1,ing and construction of said improvements, the contract therefor is hereby awarded to Worth 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 ,olorth, 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 k'orth, 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 Fortieth Legislature of the State of Texas, new shown as Article 1105b of Verncn'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 ta.en and had. IX. Each unit above described shall be and constitute a seperate 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 the unit and according to the bene- fits arising from the improvements in any other 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 ovmed by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall not be necessary to rive the correct name of the owner, bu 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 Vlor,s of the City of Fort 7dorth, Texas, be and he is hereby, orcered and directed to file with the City Council estia.ates of the cost n�_ch improvements in each unit, in accordance with the terms of the powers and provii Charter of the City of F:rt +,orth, Texas. -3- 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 being shown 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 , 196_. APPROVED AS TO FORK; AND LEGALITYt City Attorney -4- CITY OF FORT WORTH, TEXAS F W rt OR T I — er sly �`xE c 11 G — Communication to Mayor and C u urllo �+ r/ ;, C6 ORD April 16, 1962 C City Secretary I7i•1 SZELRL RY FT. WORTH, EX. Honorable Mayor and Re: Hiller-Oakland L*ro ements Members of the City Council CIP A-23 City of Fort Worth Mrs. McKnight and Gentlemen: A tbtal. of $5000000 has been alloted to date for the Miller-Oakland Boulevard widening and improvement project. The 1961 Capital Improvement Program provides for the purchase of right-of-may construction and engi- neering for Unit 1, from Hawl.et Street to East Lancaster and for additional engineering and a major portion of the right-of-Way for Unit 2 from Rosedale to Tarrant Road. On December le 1961, the City Council approved mw No. PWI-690, transferring $45,000 from this project to the Berry Street Extension project, to be returned after the 1962 Bond Sale, as it was felt at that time that the scheduled program would not be affected by the transfer. The status of funds in the Miller-Oakland project is as follows: 1959-60-61 allotments $500,000.00 Temporary transfer to Berry Street (Project No. 94-B3-5) 000.00 Balance of Allotment 5 ,000.00 Expenditures to date: Right-of-Way 335$609.22 Engineering L6,382.20 Median revisions at Lancaster 8,14T.33 Total 360 138.T Balance available for expenditure94.,561.25 While there is $9401.25 in the project allotment at this time,%it is estimated that a total of $204,000 is required to award the contract for Unit 1, provide construction engineering, and complete the purchase of rl#ht-of-Way on Unit 2. Also, it is anticipated that the contract for Unit 2 can be awarded during July, 1962, which will require an additional. $250,000 before the 1962 funds become available. Following is a summary of the estimated needs: Construction of (Alit 1 500 Construction Engineering 6000 Right-of-Way on Unit 2, negotiations completed 46,000 Right-of-Way on thin 2, negotiations not completed 0 000 sub-total, 1961 schedule Estimated construction cost, Lhit 2 $250,000 M8oC No, PW-954 .April 1.6, 1962 Page Two There is needed an additional. $110,000 to complete the 1961 schedule, which it is proposed to make available by transfers. If the Council desires to proceed with construction of 11hit 2 before 1962 funds are available, it is proposed to transfer additional funds required at the time the contract is awarded. Unit 1 was original7.y proposed to end at East Laneaster; however, in order to properly chamaelize the traffic it is desirable to extend Unit 1 to the north of Lancaster to Kenwood Court, as stated in M&C PWI-259 approved by the Council on May 19, 1961. Bids have been received on this Unit and, since some of the adjacent property is zoned for commercial use and will be . assessed for the cost of the widening, the assessment procedure is required.' The bids received are as follows: Worth Construction Company "..627.36 Texas Bitulithic Company 133,323.80 The following re c"n't-ndations are made: 1.) That an Ordinance be adopted declaring the necessity for and ordering the paving of Miller-Oakland Street; meld ng provisions for levying asserssmentsf directing the Public Works Department to prepare esti- mates of cost; and awarding the contract to Worth Construction Company on its low bid of $123,627.36. 2.) That an Ordinance be adopted approving the estimates of cost and amounts proposed to be assessed and setting April 30, 1962, as the date for the benefit hearing. 3.) That funds be made available for awarding the contract on Unit 1 and for completing rift-of-way purchases on Unit. 2 by increasing the all tment for Miller-Oakland Boulevard, Project No. 94-B3-2, Yy $110..000 and by decreasing the allotments for the following projects totaling $UO..000: Project No. 94-B3-1, Riverside Drive $ 64,000 Project No. 94-B3-9, Westside Connection 30,000 Project No. 94-F-901, Unspecified Right-of-Way 12,000 Project No. 94-G-901, Unspecified Street Imp movements 4,000 TOTAL =.-OOO Res?City ectfully submitted, Coo LPC:mr anager