HomeMy WebLinkAboutOrdinance 5743 d
ORDINANCE w a. 7
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT OF A PORTION OF-,--..t-PATM GTREET __
AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS;
LETTING CONTRACT TO-----__. iL 0 ..ASP,IIALT._.. IBC_._.. _..—.,.__ FOR THE
MAKING AND CONSTRUCTION OF SUCH I]11PROVEMENTS 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 AND THE OWNERS THEREOF FOR A PART
OF THE COST OF SUCH IMPROVEMENT"S AND THE ISSUANCE OF ASSIGNABLE CER-
TIFICATES 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 SUBSE-
QUENT PROCEEDINGS RELATING TO SAID,STREET IMPROVEMENT ARE AND SHALL
BE PURSUANT TO THE ACT OF THE FIRST CAI LED 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 ORDINANCE RECORDS OF THIS CITY; AND PROVIDING
AN EFFECTIVE I)A'CE.
WHEREAS,the Public Works Director for the City of Fort Worth, Texas, has prepared Plans and Speci-
fications for the improvements of the hereinafter described portions of streets, avenues and public places in the
City of Fort Worth, Texas, and same having 4itAen examined by the City Council of the City of Fort Worth,
Texas, and found to be in all matters and thing,, proper, NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL 1:F mE CM A' O,F FORT WORTH, TEXAS, THAT:
I.
The hereinafter described Plans and Svwr,ipr,at6on.s are liereby approved and adopted.
II,
There exists a public necessity for tl v1a 4nprov nianl. or the hereinafter described portions of streets, av-
enues and public places in the City of Fort Worth p a wa„, to,wit:
1. Craig Street; From Highway ,1-820 to Handley Drive, Project No. 104-24000-.157.
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-wit:
1. Craig Street: From Highway I-820 to Handley Drive, Project No. 104-24000-
157, a 6-inch hob-mix asphaltic concrete pavement on a 36 ft. roadwdiy.
The above,together wrath corntsined comente cuzbs and gnAters on proper gnu ft.de and line where same are not
already so emmQueWd, togdon whir stol,el sewers and drains and, other necessary incidentals and appurten-
ances; aU of aWd imprwvernent3 to be emotrueWd as and where shmvn on We Maw and specifications therefor.
IV"
The cost, of said hY)PWvMnwAs as hemin &M"d Owil W ImW fw as ANw, towit:
A. Ile property abuUNg (m Mat pmdwi (y.r the street, 'Jj7eTjUP or public place and the rNO and true
owners fliereof shail ;my W, or the tvat of cuds and ttuUem in form of their property and not exceeding nine-
tenths MAW ld Me U&Mul ecat of LA nnalder d sudi lqwommeMs
B he CUy of Fort TRaW sAH pW all of the ismainder of the cost of said improvements after deduct-
ing the anwmits herehi specifwrl to haw padd by the a�buttiug pnipeAWs and the real and Uue owners thereof as
set out in subsedion A.
The afrounts payable Q We abuUNg prgwaWs and Um rcW ar"I tvue cromers thereof shall be assessed
against such prJAS and tK? rrod nwl true ownws throof nn shtdl Portstitute a first and prior lien upon
such properties and a penon! N&AUy of the mal and true oxnwrs there,,S, ,,uid shall be to-wit:
When the improvernonht are emnowd and aaepWd by the Chy on a yartkular unj the SUrns assessed
against property ubuahg upm suh mn"Qwd wW am*wd uMt XT Ix nmd bmome Payable in five (5) equal
installments, due respectively ()u° 1aa�ataa�a°aa [PJrty (30) du�ys, and one (1), two (2), three (3), and four (4)
years from flue data of rowh convYethn and necopmu,moi Ow as ,a against the property abutting upon
the remaining tmits, ShaH Im and bmorne due and po&W in wwh as sta&wnh after the date of completion and
acceptance of au respeotive iamt, The, nmouJA nswsmd agAng the par-tkular pamels of property shall
bear &Wred horn the date of nwo cmuM On and nueWaw*of die inqmyvements on the unit upon which the
partieWar 1woperLy abuts at the vita cl six (G§S) rwr cani jwr annunn, payaNeannually except as to interest on
the first hwto%ent, widdi shAl Im Am aM pyaU"n Hw thte sMd &MOMmA matures, provided that any
owner shall have the Aght Lo 1my any and K of much vskHmna of any Ume hdme maturity by p"hg princi-
pal with interest accrved to thcu dale of j,)AYXne.nf, and fuHher pn)vided i f default 6,e made in the payment of
any installment pronipfly as that. i,n attars,-, G,i[Cqj jjt fJke aqjjtjop epk ah (,'ity of Fort Worth or its assigns,the
entire amount of 1he mmsmem unsm sohl sw h rip hwh as made shill [)e and become immediately due and
payable; but it k sj,,*(j6mKy pnnefed that our;a asmssmont • mH in "y c"n be ma& agMwt any property or
any owner thorpof m excem of The slyrui,1 I hb.rte its to propei,d,V in enhanced value thereof i)y treans of saJd
improvements in the uAt iqmu whirh taro pakkuhr pNMer"; Am to as asceduked at the hearing provided by
the law in f(ace in the (Ity, nor shall any awessmmA 1w nwde ba a" case uAH after nNice of hearing as pro-
VQQ hY j- Said ameninmMs nga&W Me rmpenAlve k1s mW paam a ok of pnverl,y and owners Mermf sha be
evidenced)),
,q oerUfiwates of a spa ehl auessntmd which sWW he coudead W Um imme of the Uty of Fwt Worth,
PROVIDED, however, that achflg through Q duly wMw•wi Dhector of Public Works, the City of Fort
Worth nNNOW Me dght to atMhohze pnmmL a%sums asmssed agWnd nbuUnig, property upon such com-
pleted and acceovd uMt hs W mm* Awn Rlp&en equal repdar rnoniifly imstaffinents, of not less than $9.00
each, the firvt of such Lo Ihre coyne due "and jjaynJ& no morie hat's 20 days after the completion and
awotamm by he CH of Re puUmlar uU PROODED IVR71114;'1, tAt Me Chy AUmney W ho"y em-
powered to authorize payrnents of arai sums in lemer WsWHmenU andQx over a longer period of tirne ba rases
in which the Director of PulAb WoRs han prnhudy debminol Umt an exheme finandal hardship upon the
propoty owner will uUmrwhe rault; md PROADED FIMTHER, that su6 rnethod of payment shall be
author red ony in inntances whew the u ✓wr or ownus of imanerty aNAUng uyn such completed and accepted
unit shaH hms exevubed and delhored to the Uty, of INA %hh as lawf ul, valid and binding note and mechanic's
and materiahman's contract upon forms supplied by Re Cly gnn%g m mehanWs tier upon wai connying
the said ab9dng par VeAy W hust to secure the pa 3rnneW: by sald ow urea or owners according,to the ternas there-
of of the sums assessied ag.,0nst such property.
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 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
1';%orth, 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 pertin-
ent thereto, and shall further r-ecite 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 firing of the
assessment lien against the property described in said certificates and the personal liability of the owners there-
of, have been regularly liad, done and performed, and such reci ajs 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 pi-ovide substan-
tially that if default be made in the payment of any installment pi-oniptiv s. the same matures, then, at the
option of the City of Fort Worth, or, its assigns, the entire amount of the assessment shall he and become
immediately due and payable, together wtih reasonable attornod`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, shad
invalidate an'v 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 inv 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.
X'1,
Bids having been advertised for as required by Article 11,051) of the revised Civil Statutes of Texas,
and the bid of S R 0 ASPHALT, INC. , having been found to be the lowest
and best bid for the making and consti°uction of said intjwovornerit„t, the contract therefore is hereby awarded to
S R 0 ASPHALT, INC. , at and foil the prices stated in the Proposal of said
company and as reported and recornrnended by the l'ubl'ic ` m' ks Department, which said report and recom-
mendation is on file with the City, the City llanagov, and City Socr,etar,y are hereby directed to execute the
said contract in the name of the City of Fort Worth, Tc,as, and to imin•e s the corporate: seal of the City
thereon, the said contract embracing, among other tlringrr,thud prices fnr the w?u�k.
V1 1.
To provide for the payment of the indebtedness im m'),ed iry the City of Fort Worth, Texas, hY said
contract, there is hereby appropriated out of available funds anel current revenues of the City, an amount
sufficient to pay said indebtedness so incurred.
VM..
Tire improvements provided for herein slial9 h¢; in efA'n >rnd don=trusted, notice given, hearing held and
assessment levied and all proceedings taken and had in ,Ad -onlonct, wilh and under the terms of the bowers and
provisions of Chapter 106 of the Acts of the Fw.,d U°tllctl of thc Fortieth Ltt_,i:slattwe of the State of
Texas, now shown as Article 1105b of Vernon's Tf,xara Civil `~;tavtutc;. V,11 M) law has 1oi(n Adopted as an amend-
ment to and made a part of the Charter of the City of POP Woo th.Toxao,arid under whiclt law these proceeding;
are taken and had.
1y.
Each unit above described shall be and rowtitute a sclmj,ate and independent unit of improvement and
the assessments herein provided for shall he made fnr the 'inimovprnents in each unit according to the cost
of the improvements in that unit and according to f1w f_,enePid., :uis,uny 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.
X1.
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.
XIL
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.
X111.
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 PAY OF 2 19
APPROVED AS TO FORM AND LEGALITY:
City Attorney
U2t of Fort Wor ., Texas �4saa
Mayor and Council C",ommunication
1 eet
VVM a sacs sulws= Award of Contract -/Widening and got e Nm
Nur�a�a
Paving Highway I-820 to Handley Drive
Council action on the project described 'below is requested :
Project Descri tion
Nature of Word ; Widening and paving of Craig Street as follows
Roadway
Street Limits Width li.G..W,
Craig Street Highway I-820 to Handley Drive 36 feet 48 feet
The improvement of Craig Street from Lancaster to Highway I-820 was completed
in 1965, and the proposed unit completes the paving eastward from Highway I-820
to Handley Drive. Included in the 1966 Capital Improvement program adopted by
the City Council, the improvement of Craig Street will relieve heavy traffic
loads now on Lancaster and Headowbrook Drive, and give better access to 'Handley
Junior High School and Stadium, which border Craig Street as shown on the attached
asap.
Submission of Bids
Working
Bidder Amount Bid a
S.R.O. Asphalt, Inc. $44,047.50 60
H. W. Gibbins, Inc. 44,296.E . .. 60
Worth Construction Co. 45,464.5 0,F FIu"'IA�, RECORD 6
General Construction Co. 48,185.9 60
W. P. Glade D&4 Glade CITY '`',Ef RETp J!
Construction Co. 480594. C 60
Texas Bitulithic Co. 49,799. WORTH EX 60
APPlicati2n of Standard iolicies
Assessment rills for this project were prepared in accordance with standard
policies for the assessment of pernanent paving and for curb and gutter where
none existed. Subsequent to the preparation of the roll., evidence was sub-
mitted that W. B. Grove, developer of the area,, had contributed the equi
agal"O, Rf-rggf,
DATE REFERENCE susurct Award of Contract -/Widening and PAGE
NUM13ER ftyinrg lei ghwg 1-820 to HAndl, y Drive
3/6/67 C-907 96 __Z_
P
Property owners will be Contacted between the contract award and benefit hear-
in& to advise them of reconstruction credits granted,, recomputed assessments,
and to advise ovners west of Haynie S eet that submission, of evidence of
previous cost participation will make them eligible for reconstruction credits.
ProJect Cost and FinanCing
The total project cost will be $48,452.25. Because the division of costs be-
tween the City and property owners cannot be confimed until bpportunity for
property owners to submit evidence of previous participation in the cost of
the paving, the financing, for the project will be recd :ended at the time of the
benefit hearing. The summary sheet attached to this communication was pre-
pared on the basis of standard assessments being levied. Standard assessments
were also prepared and discussed at the neighborhood hearing.
Recommendations
It is recommended :
1) That an ordinance be adopted:
a) Declaring the necessity for and ordering improvements;
b) Making provisions for levying assessments;
c) ordering the Public Works Department to prepare estimates of
cost and amounts proposed to be assessed;
d) Awarding the contract to S.R.O. Asphalt,, Inc.,, on its low bid
of $44,047.50; and,
a) Making appropriations to cover the indebtedness thereby in-
curred for improvements to the project named above.
2) That an ordinance be adopted:
a) Approving the estimate of cost and amounts to be assessed; and
b) Setting March 20, 1967, as date for Benefit Hearing.
JLB.*ms
The following sunrwxles are att&ched:
"A" - Resume of the paving project
t1B11 - Distribution of cost and results of Post Card Survey
Nu
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SUBMITTED BY, COUNCIL:
APPROVED f/OTHER (DESCRIBE)
MC ARY, I
DATE
CITY MANAGER
MALL-A7