HomeMy WebLinkAboutOrdinance 6500 ORDINANCE NO,_J#,!F
A 1)
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF NOKUH TERRY STREET
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 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
IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF
SUCH ASSESSMENTS; DIRECTING 'THE 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: NORTH TERRY STREET From NE. 35th Street to NE. 38th
Street, known and designated as
Unit 1, ProJect No. 104-24000-215.
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.
TV.
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 shad-1
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 st 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
benef'its 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 loss than
$9.00 each, the first of such installments to become due and payable not more than
30 diys 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 prevtously determined that an extreme Bnancial
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 MY ! 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 as mechanic 's lien
upon and conveying the said abutting property i.n trust to secure the payment by said
owner or owners according ro the terms thereof of the sums assessed against such
property,
V,
The assessments against the respective lots and parcels an:f property and the
owners thereof sball be evidenced by certificntes of special assessment, which
Bholl be executed In the name of the City by the Mayor of said My and the City
Secretary shall attest the same and impress the corporate seat 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
certfficates 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 for as known, and ahall 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 low, and that all prerequisites to the fixing Q the assesement
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-
Stale shall be prima facie evidence or 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 fnetallment promptly an the some
matures, then, at the option of the City of Fort Worth, or its essIgns, the entire
amount of the assessment shall he and become immediateLy due and payable, together
with reasonable attorney's fees and costs of collection, ff incurred, all af which,
as well as the principal and interest on the assesement , shall he as first and prior
lien against the property, superior to all other tiens and claims except State,
County, School Diat •ict, 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
amlysion 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
rvcitals in exactly the works above provided for, hut the substance thereof shall.
suffice, and they may contain other and additional recitals pertinent thereto,
VT.
Bids having been advertised for an required by Article 1105b of the re-
vised Civil Statutes of Texas, as amended, and the bid of AUSTIN ROAD COMPANY'
having been N)unT`i; W
said improvements, the contract there-
fore is hereby awarded to AUSTIN ROAD COMPANY
at and for the prices stated in the Proposal.
of- easi.ti cetmpseruyn asruri tie repaunrteti eraai recommended by the PubLic Works Department, which
said report and recommendation is an file with the My, 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 impre'se the corporace seal of the City thereon,
the amid contract embracing, among other things, the prices ror 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 approprJoted out of available
funds and current revenues of the City, an amount sufficient to psy said indebtedness
so Mcurred.
MIT,
The improvements provided for herein shall be made snd 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 proYsions of Chapter 106 of
the Acts of the First Called Session af the Fortieth Legislature of the State Q
Texas, now known as Article 1105b of Vernon's Texas Civil Statutes , an amended,
which Low has been sdapted as an amendment to and made a part of the Charter of
the City of Fort Worth, Texas, and under which law these proceedOgs are taken
and had,
IM,
Each unit above described shall be and constitute as separate and independent
unit of improvsment and the assessments herein pro Oded 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 mufFicient 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 whall be limble and the asseemments against the property,
shall he valid,
XT,
The Director of Public Works of rhe City of Fort Worth, Texas, be and he
in hereby ordered and directed to file with the City Council, estimates of the cost
of such improvements in each unit, in accordance with the terris cwf the powers Prind
provinione of the Charter of the City of Fort Worth, Texan ,
XM
The City Secretary is directed to prepare, sign and file with the County
Clerk of Torrent County, Texan, a notice In accordance with the provinions of the
Act passed at the Fifth Called Sessfon of the Forty-first Legislature of the State
of Texan, and shown as Chapter 21 of the Acts of sald 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,
X111 ,
The City Secretary y.sn hereby directed to engross and enroll thin ordinance
by copying the caption of some in the Minute Book of the City Council and by filing
the complete ordinance In the appropriate Ordin8nee Records of this City.
X l;
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
APPROVED AS TO FORM AND LEGALITY:
go
City Attorney
UNIT 2: WEBER STREET From NE. 28th Street to 150' north
of 31st Street, known and designated
as Unit 2, Project No. 104-24000-215.
UNIT 3: SCRAM' STREET From NE. 29th Street to NE. 31st
Street, known and designated as
Unit 3, Project No. 104-24000-215.
UNIT 4: LULU STREET From Dewey Street to Northeast 30th
Street, known and designated as Unit
4, Project No. 104-24000-215.
UNIT 5: LOCUST STREET From Samuels Avenue to Woods Avenue,
known and designated as Unit 5,
Project No. 104-24000-215.
UNIT 6- WOODS AVENITE From Locust Street to Greer Street,
known and designated as Unit 6,
Project No. 104-24000-215.
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: NORTH TERRY STREET From 10,'. 35th Street to NE. 38th
Street, 14,noiAni and designated as Unit 1,
Project No. 1.04-24000-21.5, to be im-
proved with seven-inch thick, hot-mix
asphaltic concrete pavement on a six-
inch th'ick lime stabilized subgrade,
seven-inch liigh concrete curb and
eighteei'i-inch wide concrete gutter,
so that the finished roadway will be
thirty feet wide, and by constructing
six-Anch thic!k concrete driveways
where specified.
U1i1'r 2: W13BER STREET From NE. 28th Street to 1.50' north of
31st Street, known and designated as
Unit 2, Project No. 104-24000-215, to
be improved with six-inch thick hot-
awix asphaltic concrete pavement on a
six-inch thick cement stabilized sub-
grade, seven-inch high concrete curb and
eighteen-inch wide concrete gutter, so that
the finished roadway will. be thirty
feet wide, and by constructing six-inch
thick concrete driveways where specified.
U' IT 3: SCHAIff STREET From NE. 29th Street to NE. 31st Street,
known and designated as Unit 3, Project
No. 104-240100-215, to be improved with
six-inch thick hot.,-mix asphaltic concrete
pairement on a six-inch thick cement stab-
ilized subgrade, seven-inch laigh concrete
curb and eighteen-inch wide concrete
gutter, so that the finished roadway
will be thirty feet wide and by con-
structing six-inch thick concrete
driveways where specified.
UNIT 4: LULU STREET From Dewey Street to Northeast 30th
Street, known and designated as Unit
4, Project No. 104-24000-215, 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 and
eighteen-inch 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: LOCUST STREET From Samuels Avenue to Woods Avenue,
known and designated as Unit 5,
Project No. 104-24000-215, 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 and
eighteen-inch wide concrete gutter,
so that the finished roadway will be
twenty-six feet wide, and by construct-
ing six-inch thick concrete driveways
where specified.
UNIT 6: WOODS AVENUE From Locust Street to Greer Street,
known and designated as Unit 6,
Project No. 104-24000-215, to be
improved with six-inch thick hot-mix
asphaltic concrete pavement on a six-
inch thick cement stabilized sub grade,
seven-inch high concrete curb and
eighteen-inch wide concrete gutter,
so that the finished roadway will be
thirty feet wide and by constructing
six-inch thick concrete driveways
where specified.
City IT Fort W"orth, Texas
lilt L/ Adayor and Council Communication
WE EFERENCE sunEcy Award of ContracL - Assessment PAGE
00"s ZUMBER Paving at 6 Locations on the North Side I of
6/14/71 c-2002 Project No, 104-24000-20
City Council action is requeSLed on the project below,,
Ploject Description
Nature of work: assessment Paving at 6 Locations on the North Side.,
Roadway
Widch R.00,,
Unit Street Limits Feet Fen
I North Terry Street NE, 35th Street 30 50
to NE, 38th Street
2 Weber Street NEe 28th Street 30 60
to 150' North of
NE. 31st Street
3 Schadc Street NE. 29th Street to 30 60
NE. 31st Street
4 Lulu Street Dewey Street to 30 60
NE 30th Street
5 Locust Street Samuels Avenue 26 40
to Woods Avenue
6 Woods Avenue Greer Street to 30 60
Locust Street
Petitions were received on all units Of this p=JeCL for the paving of the
. streets listed above,
Submission of Bids
The following bids have been received:
Bidder Amount
Austin Road Company $137, 11706
Texas Bituiithic Company 138,606.00
L, Grimes & Co. , lncw 143,586.13
Glade, Inc,, 144,863.60
SRO Asphait, Inc. 149,637.65
R. W. Gibbins, Inc. 154,898.90
Bids Received: May 20, 1971
Working Days Allotted: 75
DATE ENCE SUBJECT: Award of Contract - Assessment PAGE
6/14/71
NUMBER C-2002 Paving at 6 Locations on the North Side 2 f 2
Project No. 104-24000-215 -
Project Cost and Financing
Based on the low net bid, approximately $72,071. 70 will be assessed against
abutting property owners. The cost to the City-at-large will be approxi-
mately $80,500, including engineering expenses, inspection, and miscellaneous
expenditures. A Bond Fund Transfer from Unspecified Funds is proposed to
provide for the City's portion of the cost of the project.
Recommendations
1) The following Bond Fund Transfer be approved:
Amount From To Reason
$72,071. 70 Unspecified 6 Locations on To provide for property
042-09724-901 the North Side ownerfs share of construc-
042-10424-215 tion cost
$80,500.00 Unspecified 6 Locations on To provide for City's
104-24000-901 the North Side share of construction
104-24000-215 cost, inspection, engi-
neering expenses, and
miscellaneous expendi-
tures.
2) An Ordinance be adopted:
a) Declaring the necessity for ordering the improvements;
b) Making provisions for levying of assessments ;
c) Directing the Public Works Department to prepare
estimates of costs and amounts to be assessed;
d) Awarding the contract to Austin Road Company in the
amount of $137,117.26; and,
e) Making appropriations to cover indebtedness thereby
incurred for improvements to the project named above.
3) An Ordinance be adopted:
a) Approving the estimates of cost and amounts proposed
to be assessed; and,
b) Setting July 12, 1971, as the date for the Benefit Hearing.
,RNL:mm
SUBMITTED BY: DISPOSITr± COUNCIL: PROCESSED BY
0 APPROVED ❑ OTHER (DESCRIBE)
CITY SECRETARY
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Project No. 104 _ 24000 _ 215