HomeMy WebLinkAboutOrdinance 5841 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT OF A PORTION OF IRENE STREET
PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS;
LETTING CONTRACT TO_____GENERAL CONSTRUCT10N COMPANY 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 IMPROVEMEN,rS 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, CHA1q'ER 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 havhig been examined by the City Council of the City of Fort Worth,
Texas, and found to be in all matters and things proper, 'N0W 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.
IL
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. IRENE STREET From the north line of HWY. 377 to the
north line of Ruby Place, known and
designated as Unit 1, Project No. 104-
24000-175.
2. WASHBURN STREET From the east line of Hulen Street to
the east property line of the alley,
known and designated as Unit 2, Project
No. 104-24000-175.
3. BRYCE STREET From the cast line of Owassa Street to
the west line of Montgomery Street, known
and designated as Unit 3, Project No. 104-
24000-175.
4. WEISENBEPGER STREET From the east line of Wimberly Street to
the west line of Carroll Street, known and
designated as Unit 4, Project No. 104-
24000-175.
5. WHIT140RE STREET From the east line of Carroll Street to
the west line of Vacek Street, known and
designated as Unit 5, Project No. 104-
24000-175.
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. IFME STREET From the north line of Hwy. 377 to the
north line of Ruby Place, known and
designated as Unit 1, Project No. 104-
24000-175, a 6 inch Hot-Mix Asphaltic
Concrete Pavement on a 40 foot roadway.
2. WASHBURN STREET From the east line of Hulen Street to
the east property line of the alley,
known and designated as Unit 2, Project
No. 104-24000-175, a 6 inch Hot-Mix
Asphaltic Concrete Pavement on a 36 foot
roadway.
3. BRYCE STREET From the east line of Owassa Street to
the west line of Montgomery Street, known
and designated as Unit 3, Project No. 104-
24000-175, a 6 inch Hot Mix Asphaltic
Concrete Pavement on a 30 foot roadway.
4. WEISENBERGER STREET From the east line of Wimberly Street to
the west line of Carroll Street, known and
designated as Unit 4, Project No. 104-
24000-175, a 6 inch Hot-Mix Asphaltic
Concrete Pavement on a 30 foot roadway.
5. WHITMORE STREET From the east line of Carroll Street to
the west line of Vacek Street, known and
designated as Unit 5, Project No. 104-
24000-175, a 7 inch Hot-Mix Asphaltic
Concrete Pavement on a 30 foot roadway.
The above, ArMer whh conNned concrete curbs and giuflers p)n prop er grr"'Ide aml Him where same are not
already so emwoucte(j, tc.wgethej° with stpaj-jtj 8(^wers and drains, and !Aher Yrecessary incidentals and appurten-
anus; all of said ilpiovmnentz to he emabucted as and where shown on the Plans and Specifications therefor.
IV,
The cost of RaW jinpmvonaws as 1wreW deRnal shaH dray paN for as follows, to_w?,�
A. The property abu=g an tML pmhcm of Me skm[ avenue or public place and tile real and true
owners thereof'sladt pay "jj of the cost U cmtm and guUms in fwnt of their property and not exceeding nine-
tenths (9/10ths) of the eshirnato(f cost of the mmWnder oaf such iwMrovements,
B. The Cky of Fort North shall pay sH of Me rmwimW"f the ismt of said improvonents after deduct-
ing the a rsa�Pnjutg hemb sNAbd to Inc paid Q the nhaUng and the real and tnie owrrers thereof as
set MA M sOw&Mn A.
Ile ,rimes nW payahk by Um aNUMig proedws aml Me reW and Lme ownws Wend dWi be amessed
against such pmpertki'mR, the real and true �nuwners the,[ect and sluffl constitute a first and prior lien upon
such properfles twj a person! HNAWy of I he mal nnd true owners thereof, and skaH be payable, to-wit:
Where Um hmianntnwKs are, cmnjdvted anal ac.cepted kjAhe CRy on a partkWar unit, the sums assessed
against Imoperp ahuUMg uram awl conamd and aNvpWd unk xKM he and locume payak)IL in five (5) equal
installments, due resjpmHvWy on or Kim thAny (to days aml o!,�e (1), two (2), three (3), and four (4)
years from Me dMe 4 swN annWohn and acceptance, and the wsessaw.,nts against Do property abating upon
the remaining units 041 be and hemme duv anl pa"ble in sueh AMAMYwnts after the date of completion and
acceptance of soch yesp(rciivu' onit, 'I"he ent'ire agnount a's'sessed ag',,dnst Lhe parcels of property shall
bear interest from Ow due a ease omqhAhn and amjAmwe of the imprnvenwriLs on the unit upon which the
particul,ar prqmAy aNds at he rMe of sk pr;";) ywr cent jwr ann urn, payahkh annually except as to interest on
the Brit hKaUment, wh% sha H he due and ImQla on aw &W wali Vskliment auAure% provided that any
owner shill have the Q ht to pay"ny sand WJ d such jmMMmia at nqy i bw ImAire matawRy by paying prind-
pal with inter at accrued W ffie date a pqnwn" and fudAr pmA&A if default he made in the payment of
any installment promptly &R tho, ,",wine era d ures,, th."ru at �1 v opUon of Lh i= of Fort Worth or its assigns,the
entire nmowU of the mmmnmA upon "11h sud &i ',,AuK u.0 rnnvrdo �diafl he and become himiediately due and
payable; buL pL is specilk"y pmObd LWU no awwwwmt AwN I rmy case be made against any property or
any owner thereof wn excess o[ the spwNl UwAts to pn1wrp, in the enhanewl vmhw themof by meaw of said
irnproveinenk in the uDf[ upon whkh thc p)rcijeyrLy abw,�, as aseertained at the hearing provided by
the law, in force in Hit CU r, nor sMR MW a wwa be mele in wwna case lentil after notice of hearing as pro-
A&d by, W= Said assesmmMs a"Ut the iispeedve bands and pam Is of proj�wrty and owners thereof shall be
evidenced by cerflfieates of a spocia as.,o,%,gn'wrA which shall be executed in the name of the City of Fort Worth,
PROVIDED, however, that aaMg thmu0i Rs duo auNwAmd DkmWr of Public Mkrkg the City of Fort
Worth rdaWNg Me rWA to authohze pamerk rat he=6 amessed agwind AdAg pnqwrty uponn swh com-
pleted and amepted unU in nut mom Umn ArWhea e"W ryWm, niontfily installynents of-not IiNws Ban$1J.06
each, the flwst of such iaistaflrnents, to Yjcconi[o doo and payable, nut, ruore than 30 days after the conrpletioll Ar"I
accotame by Me Qj of Me pudculax unat, M','OVIDED PUl',THER, fliat t�ie City. Attorney is hereby em-
powerml to authoOze puynmnta of sahl sunis in lemer inqUhnods anQor over a IwWer pubd of time in cases
in which the Director of Pubil Woos Isar„ jmwWuMy ddPnnKv! I hat an axwerne AmnAd limislIp umn Be
property owner will othe"dge yntdt; and, 14V)VIDFI) FURTHER, that such ranthod of payinent shall be
aathorUed on, in jmW=n Nhwe Me owner or ammers of propm,ty abud,ing upon such completed and accepted
unit shWI have executed and delivered lu he CRy of Foa M16b a War% rOM and Wnding note and mechanic's
and rnaterialinaths contract upon forms supplied by bw CRy gnantog as mechanic's An upon and conveying
Be s5d Adting property in tnist to sec an, the payinwQ by Ud owncr or owners.according to the terms there-
of of the sums, assessed against such propefty,
The assessments against the respective lots and parceis, 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 imprc s the corporate seal of the City thereon.
and which have ave 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 tine name of the owners, as far as known, and shall contain such other recitals as may be pertin-
ent thereto, and shall fm•ther recite substantially- that all proceedings witli reference to the malting of such
improvements have been regularly had in conipiiance with law, and that all prerequisites to the filing of the
assessment lien against the property described in said certificates and tine 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 aamy court, and the said certificates shall provide substan-
tially- that if default be made in the payment of any instatement 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 wtih reasonable attorney'; 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 tyre
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 omission of improvements on
any particular unit or in front of anv property exempt by law from the lien of special assessment for street
improvements shall riot, 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.
V1
Bids having been advertised for as required by Article 11051) of. the revised Civil Statutes of Texas,
and the bid of. GENERAL CONSTRUCTION COMPANY , having been 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 C014PANY , at and for the prices stated in the Proposal of said
company and as reported and recommended by the Public 'A'orks Department, which said report and recom-
mendation is on file with the City-, the City llana(,,er, and a_'ity Sort votarn°w are herel)v directed to execute the
said contract in the name of the City of Fort Worth, Toxa-as, and to irnpress the corporate seal of the City
thereon, the said contract embracing. among other tltias 3,the prico:,fw the w(.rk.
'i lt.
To provide for the payment of the indebtednc : incurred 1)v the City of Fort Worth, Texas, by said
contract, there is herel)y appropriated out of avitilable funds and current revenues of the City, an amount
sufficient to pap said indehtedness so incurred.
,III.
The improvements provided for herein shall ho iwtde and rmted, police given, hearing held and
assessment levied and all proceedings taken and had in ith and nwdvr the terms of the powers and
provisions of Chapter 1.06 of the ,acts of the Firs, Called of tl o I•ovtieth Legislature of the State of
Texas, now shown as Article 11051) of Vernon's'f?xaos Civil `~";tFLwtts, which law been adopted as an amend-
ruent to and made a part of the Charter of the City of Fort \y orth.Te°,,as,and under which law these proceedings
are taken and had.
IN.
Each unit above described shall be and constitute a separate and independent unit of improvement and
the assessments herein provided for shall he made for the rmoroven-seait:,-, in each unit according to the cost
of the improvements in that unit and accor(fing to fht )wnefil srMsing 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 Chaa,ter 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 i�ct 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.
XIS.
This ordinance shall take effect and be in full fore and effect fro and after the date of its passage.
PASSED AND APPROVED TlilS ?'z DAY O
APPROVED AS TO FOR-AI AND 1J_,XA1�11T'Y
City A:t.or•ney
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE susjecT: Award of Contract Assessment PAGE
NUMBER Paving on the West Side Project 4-175 2
8/28/67 C-1049 I Of
Council action on the project described below is requested.
Project Descrigtion
Nature of work : Assessment Paving at Five Locations on the West Side, as
follows :
Unit Street 'Limits Roadway Width, R.O.W.
I Irene Street Hwy. 377 to Ruby Place 40 60
2 Washburn Street Hulen to East Property Line
of alley 36 80
3 Bryce Street Owassa to Montgomery 30 50
4 Weisenberger St. Wimberly to Carroll 30 60
5 Whitmore St. Carroll to Vacek 30 60
Petitions have been received for the paving of Units 1, 2, 4 and 5, Unit 3,
Bryce Street, was included after a preliminary poll card survey (in lieu of
petition) was conducted which indicated that 50 per cent of the property owners,
who own 54.2 per cent of the total front footage, were In favor of the paving
on an assessment basis . After bids were taken and assessment amounts furnished
to property owners, a second poll card survey was taken. There was no opposi-
tion to the proposed paving of Bryce Street expressed on this survey.
Submission of Bids
The following bids were received for the paving project :
Biter Amount Bid 'Working, DaXs
General Construction Company $39,854.50 50
Texas Bitulithic Company 44,356.35 50
Austin Road Co. & Worth Const. Company 45,674.40 50
Glade, Inc. 46,406.50 50
Project Cost and Financina
Based on the low bid, approximately $27,997.93 will be assessed against
abutting property owners . The cost to the City-at-large will be approximately
$15,842.02 including engineering and miscellaneous expenses .
Recommendations
It is recommended :
1) That the following bond fund transfers be approved :
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER
8/28/67 C-1049 Paving on 'the West Side - Project 4-175 z— of z
Amount From To For
$27,997.93 Revolving Fund 042-10424-175 Property owners
5 Locations on West Side portion of construc-
tion cost,
$15,842.02 104-24000-901
Unspecified Projects 104-24000-175 City's portion of
5 Locations on West Side construction, engi-
neering and miscel-
laneous costs.
2) That an ordinance be adopted :
a) Declaring the necessity for and ordering the improvements ;
b) Directing the Public Works Department to prepare estimates of cost
and amounts to be assessed;
c) Making provisions for levying of assessments;
d) Awarding the contract to General Construction Company on its low
bid of $39,854.50; and,
e) making appropriations to cover the indebtedness thereby incurred
for improvements of the project named above.
3) That an ordinance be adopted :
a) Approving the estimates of cost and amounts proposed to be assessed;
and,
b) Setting September 25, 1967, as the date of the Benefit Hearing.
HDM:ms
The following summaries are attached :
Attachment "A" - Resume of the project and summary of the
Neighborhood Hearing
Attachment "B" - Distribution of cost and results of Poll Card Survey
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY
0 APPROVED
(3 OTHER (DESCRIBE)
CITY SECRETARY
DATE
CITY MANAGER