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HomeMy WebLinkAboutOrdinance 5836 ORDINANCE NO.- AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID- ING FOR THE IMPROVEMENT OF A PORTION OF-,,-.-- N. W. Eighte,enth Street AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO—,..-.- General Construction Comp4ny 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 AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS 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 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 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 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 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. IIm There exists a public necessity for the improvement of the hereinafter described portions of streets, av- enues and public places in the City of Fort Worth, Texas, to-wit: 1. N. W. 18th St. From the north line of Jacksboro Hwy. to the south line of Lagonda, known and designated as Unit 1., Project No. 104-27000-132. 2. Harrington Ave. From the east line of N. W. 18th Stteet to the West line of Park Street, known and designated as Unit 2,, Project No. 104-27000-133. 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. N. W. 18th St. From the North line of. Jacksboro Hwy. to the South line of Lagonda, known and designated as Unit 1, Project No. 104-27000-132, a 2" hot mix asphaltic concrete surface on a 7" cement stabilized base with a 30 to 36 foot roadway. 2. Ave. From the line of H. If. Street to the 116st mown ftr,,.Lrfl des d w:.s Unit r.. ,roject r. - JG.1r - t , a 2 n hot aix �ltic rs ilcret sur,:`,,,,,,co ort a, 7n cen:.ent t 1A3-ized. base with foot The above, together hearµ with combined cwwrcat;ce re urr°s and ttu.utt,er°s on propum, grade and, fine where sarne are not already quo ca.nstru.;ict,ed, together with storm sewow and ola°ruins and oWeMwr° necessary incidentals and appurten- ances; all of said improvements to be e°aursurOrated as and uler°e shown on the Plans and Specifications therefor. IV. The r,r,:!wt of said irn r•ory enien't;s ns lroarein ele flin d shall prce p'rald for w,u 'follows, to­wit. A„ The property abutting wu) that portion titan gal" the street, avenue or peeablic place ar°d the real and true owners thereof shO pay a H of the aamt of cuudis and guttmN in front of th.eir° property and riot exceeding nine- tenths (9/10ths) of the estum aWd cost of the remainder r o such iaaupw uveruuoents„ B. The CRY of Fort Worth shall pray, aal't of the remainder of the cost of said irnprrovements after deduct- ing the amounts herein specified to be twa„seal by they aatauuttu;iauy l:arof,)ertips and the rva,l and true owners thereof as set out in subsection.A. The aariowds p a.yal& by the aaimi,Mngt p w�pa3rt�i s and the reaW and true owaaag% truer°aof shall be assessed against such propeitks and tl�aa� real and tr:'ute ()vmers t,hneaui.x.)f and shall constitute as first and prior lien upon such properties ynaa au t.rt'kr~scouml ivaol,uq_it;a° of the r al and true owners the.reoa;f, and shall be prayable, to-wit: t unit, the suuns assessed When the ins maa��nxa„baaunts uses c�a�riul�lau't���i[ waua'l �aaa°rriaai tr;,t” tBaa i°;als° or'r s laar•iaru.aal;ar• against property abutting upon swe.lr c ornpMiki d and anaa;",a Waad uuunit, ualua.li be and be o one Payable in Ave (5) equal installments, due respre.c't;;ively or.0 or 1wDso thirty (3 ) clays, and one (1), two (2), three (y), and four (4) years from the slate of such co;mp.ohilon and dacaylrfarruae, and the assessaaiorrts aatl°Mnst the property abutting upon the remaining uunks shaH be ar,,nd laeacour e oWe iau d ; ,ayO)le in such instauHmeants after the date of completion and acceptaance of such respective urruiit. The entire ainiouuntassessed ,rgsiycst; the -parutrcuhar parcels of property shall bear interest from the date of much coomp htihn and aac aeprtaunce of the irrurnr ovexne'nts on the unit upon which the particular propoc,rrty abut, at the rate a,d ,.'ix ((.ot,y,) per cent, per annum, payable annually except as to interest on the first instalinienQ aelau,,:lu slrau.11 be due aaruot ppiyable on the elau.t;;e4 said installment matures, provided that any owner shall have the r•ght to pu;ua,py any and aaH of su:uo•tu iu"u.r(.aullrawnt at any thne be:l°ore maturity b;pr paying princi- pal with interest accrued tco the date of paura;yra enQ and :teat}°er provided of default be made in the payment of seen'o nua.tuuaa=.0 Men at then ( " o U assigns, the any installment porcr� p>btVy a flue potuorru sat fiisec t"at�r f "or•t Wurrtl'r or its a entire ,aamount ao.h_ the aassessrnenue uuperkaa whkh ,•uTh uto.;taauwult is ruuaacle shuaall 'Ices and become irnmedraaterly due and payable, but it is „apreciRcidly p;urovi,-'Je(,l tluaa'i,, uuua »u.uuad..;ro,.ruururul. v,luoulh in scarf' case be auuarcle against arty property or e �„ o special a p l a a � in Uie a,vnhaanc vadue thereof try means of said any owurox thereof arras; l:" flue a:rco u�ul p:,�°qua tutr to u'soN ae a,.,, aol improvements in the urd't, upon wfrrdr that pear„rt,uca.ulaur par„ugerd;y O)uu'tt as ,.iseer°tautuned at tlae hearing provided by the law in force in they City, nor slnall any be ruawie in any ecise quntii after notice of hearing as pro- vided .ament,e �ap;Tauirur,p the r e�sgre vei Ids and p ar c„o„ol o of ',lor•arpuer•ty and eoiv ner•s thereof shall be vided lr taaa� Said s ,e�°a° evidenced by ceartat°.a.a.aat,es of a sl'aeW as.ssaas"ament whkh shall be execu,utNI in Be name of the City of Fort Worth, PROVIDED, however, that acting thr°ougli its duly au,;r'thotirc-.0 Dieeactor of Public Works, the City of Fort Worth retaining 1. t , c a u p yr'�t:y upon nwh com- liaa ru slat to authorize payment out” trap. teruwa assessed,,,o_"l ao�auuast aeiraa'4;a�ur,g �prroa c� pleted acrd ameprind aunR in not more than fwuuty-exight equal re„:gautaer• raw nt,ldy rristallme'nts of not less than $9.00 each, the lu,rraut of sudi installnieurut,s to lwa,or'w di.ue,,, and p:uaay'aai::& not an:reswe than 30 clays aRer than completion and acceptance by the l,a'tvy of the particular unit, l,,altOVIJC;r:l:;A) ir`lJlt"t`l°l:li, that the City Attorney is hereby em- power°ml to aauthoa°°iaea payments means act said surnis in lca,u;am inst ullruwnts aaurrol/cure over a longer period of time in cases in which the Director cid laOffic Works lunar, previously rturpew°aruunued tlu,aat an ea,o,trrerrr�ie financial har°dship upon the property awnerr will otherwise result; arid yatapt::l"l"titEll p"tJ"lt'i:"lltiR, that suc.li method of pa.ynimnt shall be authorized oi# in instances where the o.uwurear° or uvvrua^ns of propueuat,yr avabOt:ing upon such completed and accepted unit shall hwvee exee..,ted and rleliver,ed to the City of Fort Wordi a laaw•fula valid and binding note and mechanic's and matedui,lniarn's co ntr°aacl iu upon forms „.rrrup:rprliet by the t;ataaa" p;r awt;ir g au nie. huaranic's 'Lien upowi and conveying the saioal abutting property in trust, to aaeceur,,e the pauyraneui t try, ua,aid owner or owners according to the terms there- of of the sums assessed against such par opoei t+y', 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 v and the City Secretary shall attest the same and impress the corporate seal of the City thereon. and ,vhich 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 ,,,tniount of the assessment, the description of the property,v 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 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 there- of, have been regularly had, done and performed. and such recitals shall be prima. facia evidence of the matters so recited, and 110 further proof shall be required in any court, and the said certificates shall provide substan- daily that if default be made in the payment vnient 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 wtili reasonable attorney's fees and costs of collection, if incurred, all of which, as well as the principal and interest oil 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 tiling, shah invalidate any assessment or any v certificate issued in evidence thereof, and the ornission 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 -,hall suffice, and they may contain other and additional recitals pertinent thereto. X"I Bids having been advertised for as required by v Article 11051) of the revised Civil Statutes of Texas, and the bid of General Construction Company having peen found to be the lowest and best bid for the malting and construction of said improvements, the contract therefore is hereby awarded to General Construction Company , at and for the prices stated in the Proposal of said company, and as reported and recommended I)Y the Public VV(wks Department, which said report and recom- mendation is on file with the City,N% the City v Mana"er, and City Secretary are hereby directed to execute the said contract in the name of the City of Fort %Vorth, Tex.as, and to impress the corporate sea] of the City thereon, the said contract embracing, among other thinks, the prices for the work. VII To provide for the paYnient of the lndel)tedm.= s Incurred by the City of Fort Worth, Texas, by said contract, there is hereby v appropriated out of available funds and currtent 'revenues of the City, in amount sufficient to pay said indebtedness so incurred. VUL The improvements provided for herein shall he mad+a and constructed, notice given, hearing held and assessment levied and all proceedings taken and had in wwcovd�ince with and under the terms of the powers and provisions of Chapter 106 of the Acts of the First CaHed of the FOFtik'th Le10'i';1atLHV Of tile State of Texas, now shown as Article 11051) of Vernon's Texas Civd :,Anl which law his, I)een adopted as an amend- ment to and made a part of the Charter of the City of Fort Woi,tli, Texas, and Under which law these proceedings are taken and had. Each unit above described shall I)e and constitute a st,p:wah,� 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 improvement-, in that unit and according to the henefits arising. from the improvements in that unit. t, I 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 co,,A 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 jAssed at the Fifth Called Session of the Forty-first Legislature of the State of Texas, and shown as Chi,,ijAer 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. X I 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 FOIZIM AND LECAUTY: City Attorney City of Fort Worth, Texas Mayor and Council Communication ,'40ftet4is 4ppikiw DATE FtEFERENCE suBiEcT: Award of Contract - Street PAGE Rap . F1 j Re construction at Two Locations on the 8/21/67 C-1039 Rorth 4te--JC-1PA-l8T.) I of 2 Council action on the project described below is requested : Project Description Nature of work: Street Reconstruction at Two Locations on the North Side as f I lows Roadway 'Unit Street Limits Width Rt'O*WO I N. W. 18th Street Jacksboro Hwy 'to Lagonda 30-36 ft. 60-80 ft. 2 Harrington Avenue Park St. to N.W. l8th St. 30 ft. 60 ft. Both streets are scheduled for ritcons truct ion irk the 1967 Capital Improvement Program (CIP A-181, Items 4 and 5). Submission of Bids Bidder Amount Bid Working Days General Construction Company $27,580.95 30 Texas Bitulithic Company 27,680.,80 30 Austin Road Co. & Worth Construction Co. 28,478.25 30 R. W. Gibbing, Inc. & Gibbins Constriction 0o.. 29,628.50 30 Glade, Inc. 30,522.00 30 S.R.O. Asphalt, Inc., Arlington 31,571.40 30 Project Cost and Financing Based on the low bid, approximately 0,789.25 will be, assessed against abutting property owners for curb and gutter where now missing. Both streets are to line and grade,, and most curb and gutter is in place, and have paving previously paid for by adjacent property owners. The cost to the City-at-large will be approximately $25,549.80, including engineering and miscellaneous expenses. Recommendations 0,F F I C L OR 0 It is recommended : #,, t 71 j 1) That the following Bond Fund Transfers be approved : ------------------------ q, DATE REFERENCE SUBJECT, A a rd of Contract - $tre t PAGE NUMBER Reconstruction at Two Loca,tiops,"on -thy 8/21/67 C-1039 North Side C1P A-181 Amount Er TO For 4,789.25 Revolving Fund G42-10427-132 Property owners' portion of construction cost $25,549.80 1t 4 27000-901 104-27000-132 City's portion of construc- tion, Engineering and mis- cellaneous costs. 2) 'that an ordinance be adopted a) Declaring the necessity for and ordering, the improvements; b) " king, provisions for levying of assessments; c) Directing the Public Works Department to prepare estimates of cost and amounts to be assessed; d) Awarding the contract to Gener'a'l Construction Company on its low bid of $27,580.95, and, e) Making appropriations to cover the indebtedness thereby incurred for improv, en'ts of the pr°oject named above. 3) That, apt o rd inane e be adopted: s) Approving the estimates of cost and at , unts proposed to be assessed, and, b) Setting September 18, 1967, as the date of the Benefit Hearing. f 1 HDM.lp The following summaries are attached: Attachment "A" - Resume of the project and summary of the Neighborhood Hearing. Attachment "B" - Distribution of post and repults of Poll Card Survey. &J1 p f wo. SUBMITTED BY: DISWOSITILIN I CNCILt PRDCE BY ROVED OTHER (DESCRIBE) X Za CITY SECRETA Y CITY MANAGER ' ..