HomeMy WebLinkAboutOrdinance 5544 ORDINANCE NO.
AN ORDINANCE DETERMINING TBE NECESSI'l,Y FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT OI,' A PORTION OF FAST FOURTH SI;EET
__AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS;
LETTING CONTRACT TO— I101TQQU1AXy - — __ FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS
EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBT-
EDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESS-
MENTS AGAINST ABUTTING PROPERTIES ANDI"HE OWNERS THEREOF FOR A PART
OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CER-
TIFICATES IN EVIDENCE OF SUCH ASSESS ME N'Pli; DIRECTING THE PUBLIC WORKS
DIRECTOR OF THE CITY TO PREPARF FSTIMAI.ES; DIFIECTING THE CITY SECRETARY
TO FILE A NOTICE OF ADOPTION OF THIS ORDINAN(I EWITIT THE COUN,ry CLERK OF
TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSE-
QUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENT ARE AND SHALL
BE PURSUANT TO THE ACT OF nm, FIRST CALLED SESSION OF THE FORTIETH LEG-
ISLATURE 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 BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDI-
NANCE IN THE APPROPRIATE ORDENANCE 10,CORDS OF"THIS CITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Public Worlcs Director for the Cite, of Fort Worth, Texas, has prepared Plans and Speci-
fications for the improvements of the hereGnafh,r dese.rihod porUwis of streets, avenues and public places in the
City of Fort Worth, Texas, and same having 1)(len exarnin&.'l by the City Council of the City of Fort Worth,
Texas, and found to be in all matters and thpng�s proper,
BE IT ORDAINED BY THE CITY (71"IN OF FORT WORTH, TEXAS, THAT:
1,
The hereinafter described Hans and njpc(A'w,,akms are herL4 y m)proved and adopted.
I l.
There exists a public necessity for the imprw ,,rnvnf ^4 the horeinafter described portions of streets, av-
enues and public places in the City of Fort Wort h, Te%a, °, it:
1. Ek3T FOULTH STIMT From Bran6.ies Street to Do Costa Street,
known aaid d.esignp.,ktod as U.iit 1,
Project 104-4,,4c)(X3-146.
2. SST FOURTH SIRE-Ii From De Costa, Streat to Dross Street,
1:ucva an& designated as Unit 2,
Project 104-24000-146.
3. TEAVIS AVKNTU1,' Frotn I?Azwthorne JLv,.,r.:ue to Ar:inr.,,,,ton Avaime,
7rnowL aiid dyesi,.,;nated as Unit 3,
10�-214,0,,AJ-146.
4•. TRAVIS aOF.IJJ-.,] R-cm Arli-uLtor. Lverua to Baltimore Avaaie,
c.,cwn and das2gziatc6 as Uhit 4,
Project 104-24000-146.
5. rbAV IS AVEMIE ItL e Aveuae to Riclimoni kvcnue,
deSii as T]Lit 5,
pru'iect
6. AKE IY GTON AVE175E Prom Lipscomb Street to '.Travis Avenue,
,�'nown aimi dezi=.�natcd as U,,At 6,
7. IEVITT STREET Dxive to Gordon zfvenje,
Lrnoun and deEil,,,aated as Cruit 7,
1'roject 104240&,r-146.
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:
1. LLK,15`1, STYLEEET: Oon Erandied Street to Be Costa Street,
known and designated as Unit 1o. 1,
Koject 104-240ju-146, a 6-in nh hot
mix asphaltic cuacrete pavemeat on a
)Q_foul roadway.
2. -EAST FCI�?LTH STI,,=,,T: Frain Be Costa Street to Gross Street,
kmova and do6iguate? as Uait No. 2,
IToject 04-24000-146, a 6-inch hot
mix &sjLzltic concrste pavement o , a
30-foot rGadwax
3. OAVIS OW72: Ooo RhOlorne Kcans to KlOgtou Avenue,
�,,xxwa and dedignated ad Unit No. 3,
Project 104-246CO-146, a 6-inch Mt
Tnix aa,pnalti,:! co:-ztete pavav nt on a
26-foot roadmay.
4. TIAVIS AVINUE: Froa Arlihgton Avenue to Baltimore Avenue,
'known nad designated as Uait Yo. 4,
Project 104-24000-146, a 6-mach hot
mix ubp1altic concrete pavement on a
26-foot
5. TRAVIS MIZE: From Xitimore Avenue to !Lic),rnond Av,_,L^:z,
known and dedQuated as Wit No. 5,
Project 104-24000-146, a 6-inc a int
mix asphaltic concrete pavement on a
26-foot roadway.
6. ARLOGTOW KZYM From Lipscoib Strett to Travis Avenue,
known and de iguated as Uait Yo. 6,
Project ICE, 2'500-146, a 6-inch hot
mix aspipitic concrete pavement on a
26-foot roadway.
7. ZEVIIT SIRAM From Towazeaa Wive to CkMoa Avenuz,
Y nown aad deniEnated an Unit No. 7,
11clect 104-24500-146, a 6-inch hot
mix as�,';,ltic concrete jDaveneat on a
3u-foot roaduRy.
The above, together wi[ji eevNned concrete curbs and giAtem on pmpw Vade and line where same are not
Aready so eernskud& twdAr wAh sWnn mmus wth dimins and other necessary ineidentals and appurten-
imem; all of Ad inmrmemeas to bcc Constructed as and Nyhore shoNNn oil the Plans and Specifications therefor.
J&
The cost of said impnevemnas as KnOn damd WH be pMd nr as MAms, t,wit:
& rn, pmwdy Wm"Ag was Mat pwUm of Uw md"t, nvcmue or pubtic place and the real and true
owners thmeof And Qy WJ of the cost of eurbs awl gutbors in hont of. tih6r property and not exceeding nine-
tenths (9110ths) of the vsrirnated cost of the nnudnder of such improvements,
B. The C of Fort Wcjrth sl t fin ary 0 of Uw rotas Ander uffl'ie cost of said improvements after deduct-
ing the wnouMs hwAn wPMAd to be pMd by the WAdng prucWes and th* real and true owners thereof as
set out in subseetion A.
The anwmAs jmyaNe IT the abuMig Im4wAlm aud Ute read and true owners thereoC shall be assessed
against sudi propchAs and 1h• real and Ow ownw% ibormf and shA ',onstitute a first and prior lien upon
such propet-Oes and a janomd AW 3,of Ilia real anti t rue owrwrw I hermd, and shd 'be payr.i.ble, to-wit:
When the irnprovetntuAs are emnp!Qed and amo%l V tly CRy on a Itarticular unit, the sums assessed
against WoperQ, abut1bg nism suh nornQUA and nvuepWd Wt sAH ice and bunme payable in five (5) equal
installments, due respectivOy on or Gefore thirty OW) days, and oyie (1), two (2), three (3), and four (4)
Wan hVM Vw dMe of leach ovmphdon nand wxqAuwq W Ow ammmmIts app htst the Innoperty abutting upon
the remainhigy ifl`jtre ShMI be SMI hKame due and PR"bN in such utnsUfllrrcenrs after the date of completion and
acceptaneat or such respoletive unit Vt,= urthv amormt age mud ngAnA To paHicular parcels of property shall
bear interest Amm Ne date A suh aacq&qbn and amTpWace of 1hP laqnuvemants on the unit upon which the
partictilar jnupwty AGO at the We or my (AY) Q cent par annum, payable annually except as to interest on
the first ins tarbye.,,at, which a, di be due alicr] e)Y) Lhe daLo oaid instaBment mature,-,, provided that any
owner shaA huivc, the NOA t"my mW n" alf A smh N&Ahwa A"y Hnne bdmT maturity by.paying princi-
pal with inteke.,-_A; accrued to Ute date of pay'lltent, 'ruv fwrdhor provided if' default be made in the payment of
any instalknent pronq'irl,'y 'A"" samo rm'nures' U�en At lhe Oplion of the,City of Fort Worth or its assigns,
entire amomA of Ow ammmma uyn We snit h ?TwH is mMe shall be and become immediately due and
payable; Inuit it lit specWaHy prcraidul that im amwsmiumd WN in any ease be made agahist any property or
any owner nm*d in excen of I%spe ck! nviwkn� tf� yo opeu Ly Rai the Qnhancod vaiue thereof by means of said
improvers tics in the uNt npnn which LhP paakuhr prMwAy Ws, am ammMaked at, the hearing provided by
the law in force in thL CRy, nor sh"fli auiy 'aS""essrlont be made in, au)w" Ccise unffl after notice of hearing, as pro-
vided by law. Said ng""Onst: thv re"qA'e[J"/e rots aiul 13,invkof prop erLy and owners thereof shall be
evidenced by 0 a,;,M Taal ass;sstnelA w1kh W11 1w vwvukd in the'. name of the City of Fort Worth,
PROVID111), flow evor Umt artirg through A dWy wAhsHwd 10ractor of Pub1o; Wks, the City of Fort
Worth •eGiNg he AOA to AMOS payment or the sunu, assessed agairtst abutCng property upon such Nnn-
WOW and amepted unR h, mo; mom Umn 5010ght equal Yeguhr munWy instaThnents of not less than $9.00
each, the first of such jw,, n tell,d',a to becolne due'alld payable, not mom Umn 30 days after the comoeKn and
accepAnce by ne Cil of he pu%flal, unit, PR'OVIDE'D b"W,Tp,'MJ]Eft, that the City, Attoyney is hereby em-
powered to author Ne pti of mail sums in Jesser jnsNNmenl,,s and/or over a longer period of bane in cases
M whkh Me Dkeetor M YNNI MONs hm pmAmmY, deUnmaned that, an extreme financial hardship upon the
proWrty owwr W odunwhe rmult; and PROVHWD FURTHER, thaA such method of payment shall be
authorized only in Astanoes whom the owner or ownno of pnmertyabuttinpr upon such completed and accepted
unit shaN have executed aral deliverwi to the Cly of Fort VArM a hmNL vad and WnIng note and mechanic's
and mateKhmWs wnbrut upn Amos s"NWd by the Chy gmANg a nweftaAA hen upon and emweylg
the said W&g prqcerty in bust to auum To papnua fry sa W owner or owners according to the terms them-
of of the sums assessed against such prc�perty,
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 Cite Secretary shall attest the s�-ame 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 tlae name of the owners, as far as known, and shall contain such other recitals as may be pertin-
ent 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 arid the personal liability of the owners there-
of, 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 substan-
tially 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 dare and payable, together wtila reasonable attornov'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, Schoo'i 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 invalidate any assessment levied. The certificates referred to need not contain recitals
in exactly the words above provided for, but the substance thereof shall suffice, and they may contain other
and additional recitals pertinent thereto.
V 1
Bids having been advertised for ar, required by Article 1.0151) of the revised Civil Statutes of Texas,
and the hid of CEla1?MAL ;fCii'lA,TY , having been found to be the lowest
and best hid for the rnaldng and construction of ,-,nid improvements, the contract therefore is hereby awarded to
CLI°Tr11i.AL 001"61f`tti"CTI311 CU�I'A:TI , at and for the prices stated in the Proposal of said
company and as reported and recommended by thv P0,14- Worlis 1lcxlra,rlment, which scud report and recom-
mendation is on file with the City, the City tend d"ity Secro.,farY are }rereby directed to execute the
said contract in the name of the City of Fort Worth, Tesas, and to impress the corporate seal of the City
thereon, the said contract embracing, among otharr thin,u!;.a� the prices fm the work.
' 1'1,
To provide for the payment of the indebtedness inctnr red In• that' a H v 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.
N111.
The improvements prowled for herein shtdl l io m kdfi, and constructed, notice given, hearing held and
assessment levied and all proceedings taken and had in accordoncc, % ith and under than terms of the powers and
provisions of Chapter 106 of the Act,, of the Fir'st Called of the Fortieth t oga islature of the State of
Texas. no4v shoaan as Article lIn5b of a�,'ernon'*,, £r xda:a Civil which laiv h,as been adopted as an amend-
ment to and made a part of the Charter of the Ci't'v of Fort k'1'orih, Y :yeas,and unfit i which law these proceedings
are taken and had.
1 X.
Each unit above described shall be and con"LiLate a r,elr re,rLaa and independent unit of improvement and
the assessments herein provided for shall be made for the imm-ovements in each unit according to the cost
of the improvements in that unit and acrOaD liin,x to the IWOC is 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.
X11.
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 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 _ —_ 19— .
APPROVED AS TO FORM AND LEGALITY:
City .4tLoiney
y, )NENr X17 3rN1111"1 i( '`fir ililf , ,.
411a;�m ((�r�+ /� „//, g�N�, f���'W.i �V%/ 1�Iq,I' t�!
'1eM°it/////////���������yyyyyyyyy///////// Fort �!'.rt nrv��,S`^' "4,"x" 1/!!iiRV7u �n (
Ma and Council Communication
,M REUN > :
NUMBER S ES E- PAVING AT 7 I=AIIONS ON THE",
�
a a.a on he project yea below ��
,
n
.ROZC7 DE SCRIPT 10N
Nature Work: smen Paving at Locations oti t[te South, de
as a :
ROADWAY
Eavt Fourth Street Brandies Street a Street 0 Feet X M
East Fourth Street DeCosta Street to Grass Strefrt 30 Feet 64 Fast
3) 'Travi s Avenue H. hor Avenue to Arlington 26 Fewt 50 Feat
Aga
4 Travis Avenue Arlington Aveaue to Baltimore 6 Feet 50 Feed
Avenue
5) Travis A° ue Baltimore Avenue to Richmond 26 Feet 50 Feet
Avenue
Arlington A n scord) Street to Travis Avenue 26 Feat 50 Feet
7) Devitt Street Townsend Drive to a o Avenue 30 Feet 60 Feet
Petitions have been aaa for the paving of the abo treets with the excep-
tion a and 5. Units 1 and 5 were, initiated the City to p ovide for
continuous paving and batter flow of a as the area.
JQB
11 S
Date bids d February 11 1966.
LIDDER, AMOUNT BID W RKI G DAYS
General Construation Company $449,451.50 53
Giade Construction Company 45t669.80 53
R. W. Gibbins$ Inc. 46011M.55 53
Texas Bitulithic C ?ate 461,4125.05 53
. E. Brittain, sae. ,,#234.00
S. R. 0. Asphaltp Inc. 505,527.15 53
Worth Construction Company 52�183.00 53
PROJEM COST AND FLNANCING
owners. � h City-at-large il,l pro against abutting
Based a s the approximately "� 484.37 � e
n u g engineering and aaa scell neous expenses.
rl
DATE PREFERENCE SUBJECT, PACE
"UM . JASSESSMENT PAVING AT 7 LOCATIONS O 2 2
3/24/66 t 6 SOUTH SIDE V PROJECT NO. 104-24000-146. — Of
RECOMMENDAT12NS:
1) That the following, bond fund transfers be approved:
AMOUNT FROM TO P iozi
$,22#484.37 Revolving Fund 7 Locations on the Sou th Properlsy,
Side of con
Jlearra;h
ba
' '
$26,412.28 Unspecified 7 Lo cations on the South City's portionWr
104-2.4000-901 Side truction and engineering
2) That an Ordinance be adopted:
a. Declaring the necessity for and ordering the improvements;
b. Making provisions for levying the assessments;
c, Ordering the Public, Works Department to prepare estimates of cast
and amounts proposed to be assessed;
d, Awarding the contract to General Construction Company$, on its low
bid of $440451.50; and
e. Making appropriations, to cover the indebtedness thereby Incurred
for improvements to the project named above.
3) That an Ordinance be adoptedt
a. Approving the estimates of cost and amounts proposed to be
assessed; andp
b. Setting April 18t 1966, as the date of the Benefit Hearing.
JLB:o ►
The following summaries are attached:
*A" Resume of the Paving Pro Ject
"B" Distribution of Cost and Assessments$ and Results
of Post Card Survey
"C" Assessment Rolls in alphabetical order.
...........
SUBMITTED BY DISPOSITVIO BY COUNCIL PR, '"ED Y
A
APPROVED W/0THER (DESCRIBE)
CITY SECRETARY
A T
CITY MANAGER
.24