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HomeMy WebLinkAboutOrdinance 4527 ORDINANCE NO. 44� 7 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PR.OVIDIdG FOR THE IMPROVEMENT OF A PORTION OF EAST CANTEY STB. ET AND PORTIONS OF SUNDRY OTHER STREETS, AVEdUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO W. E. BRITTAIN, INC., FOR THE MAKING AND CONSTRUCTION OF SUCH I114PROVEMENTS A10 AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THERE- BY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES A1AID THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVE� h TS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVI- DENCE OF SUCH ASSESSMENTS: DIRECTING THE PUBLIC WORKS LIRECTOR OF THE CITY TO PREPARE ESTIMATES; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF T IS ORDINANCE WITH THE COUNTY CLERK. OF TARR.ANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET Il_PROTLTPENT3 ARE Ah D SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LE2-I3LATUR:�; OF THE STATIL OF TiY_ U, CHkPTER 106, COMMONLY K14OWN AS ARTICLE 1105b OF V"ERtON13 TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO luiGROSS 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 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 ORDAI10D 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: 1. East Cantey Street: From the East line of Yuma Street to the West line of Riverside Drive, known and designated as Unit No. 1. 2. West Ripy Street: From the East line of Alice Street to the West line of May Street, known and designated as Unit No. 2. 3. Stanley Avenue: From the South line of Martin Lydon Avenue to the North line of Yates Street, known and des- ignated as Unit No. 3. 4. Yates Street: From the West line of Stanley Avenue to the West line of James Avenue, known and designated as Unit No. 4. 5. East Butler St: From the Fast Service Road of the North-South Expressway to the East line of New York Avenue, known and designated as Unit No. 5. 6. South Jones St: From the North line of West Bowie Street to the North line of West Lowden Street, known and designated as Unit No. 6. 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 the following, to-wits -1- East. Cantey Street, Unit 1: A lilt Hot-hix Asphaltic Concrete Surface on a 7" Stabilized Gravel Base on a 30' Roadway Width; West Ripy Street, Unit 2: A 112" Hot-Mix Asphaltic Concrete Surface on a 70 Stabilized Gravel Bass on a 30' Roadway Width; Stanley Ave., Unit 3. A 12" Hot-Mix Asphaltic Concrete Surface on a 7" Stabilized Gravel Base on a 30' Roadway Width; Yates Street, Unit 4: A 12" Hot-Mix Asphaltic Concrete surface on, a 7" Stabilized Gravel Base on a 301 Roadway Width; East Butler St., unit 5: A lift Hot-Mix Asphaltic Concrete Surface on a 7n Stabilized Gravel Base on a 30' Roadway Width; South Jones St., Unit 6: A 12" Hot-Mix Asphaltic Concrete Surface on a 7" Stabilized Gravel Base on a 401 Roadway Width, 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 construc- ted as and where shown on the Plans and Specifications, therefore. IV. The cost ofs aid improvements as herein defined shall be paid for as fol- lows$ 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 thereof and shall constitute a first and prior lien upon such properties and a personal lia- bility 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 particu- lar unit, the sums assessed against property abutting upon stich completed and accepted unit shall be and become payable in five �5) equal installments, due respectively on or before thirty '(3,P) days, 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 install- ments 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 siy per cent (6,'") per aarlum, 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 pro sided if default be made in the payment of any iastalLTieat promptly as the same matures, then at the option of the City of Fort north 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 speci- fically 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 Fort Worth, PROVIDED, however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retain- ing 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 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 -2- 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 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 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 proceedings with reference to the making of such improvements have been regularly had in compliance with law, and that all pre- requisites 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 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 omis- sion of improvements on any particular unit or in front of any property exemp by law from the lien of special assessment 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 con- tain other and additional recitals pertinent thereto. VI. Bids having been advertised for as required by Article 1105b of the revised civil statutes of Texas, and the bid of W. E. Brittain, Inc., having been found to be the lowest and best bid for the making the construction of said improvements, the con- tract therefor is hereby awarded to W. E. Brittain, 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 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 to made and constructed, notice given, hearing held and assessments levied and all proceeding taken and had in accor- dance with and under the terms of the powers and provisions of Chapter 106 of the Acts -3- of the First Called Session of the Fortieth Legislature of the State of Texas, now shown as Article TN5b of Vernon'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 taken and had. IX. Each unit above described shall be and constitute a separate and indepen- dent 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 benefits 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 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 provi- sion, of the Charter of the City of Fort North, 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 being shown as Article 1220a of Vernon's Texas Civil Statutes. XISI. 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 4 02 I_vz DAY OF � 196 APPROVED AS TO FORM AND LEGALITY: 61— I City Attorney -4- A. i Pro Ykrph" CITY OF FORT WORTH, T '',1Y OF FORT WORTH w-rmnn THE SUBTECT MATTER OF THIS M.& C.C. TEXAS WAS 9tr ` W,c. I C .TOIL i AND S + J�r' Al 532 OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. PWI- _ September 22 1961 44onorable Mayor and Members of the City Council Res Assessment Paving at Six City of Fort Worth Locations on South Side (AP-6i-34) Project 94-84-17 (CI P-A-105) Mrs. McKnight and gentlemen: In accordance with Council action of July 21, 1961, (M&C PNI-407), it is recommended that the following ordinances be adopted: ( 1) An ordinance declaring the necessity for and ordering the paving on an assessment basis of: STREET NAME LIMITS East Cantey Street Yuma St, to Riverside Dr. Ripy St. Alice St. to May St. Stanley Ave. Martin Lydon Ave. to Yates Yates St. Stanley Ave. to James Ave. E. Butler St. N-5 Expressway to New York So' . Jones St, Bowie St. to Lowden St.; making, provision for the levying �of assessments; directi'Ing the Public Works Department to prepare estimates of cost; and awarding the contract to W. E. Brittain on Its low bid of $45,623,00. The following is a. tabulation of bids that have been received for construction of this project. Bidder aid Quotation W. E. Brittain $45,623.00 Glade Construction Co. 46,125.00 0enerai Construction 06. 49,264.60 R. W. Gibbins, Inc. 49,666.60 Texas Situlithic Co. 51,067.00 Lewis & Lewis 52, 190.40 Worth Construction Co. 55,607.70 (2) An ordinance approving tWogtimates of costs and amounts proposed to be assessed and setting October 0, 1961 , as the date for tMe-benefit hearing. .227 Respectftlly submitted, r L,PC0 h L, d. Cooks ngh"am City Manager