HomeMy WebLinkAboutOrdinance 6243 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESS117 FOR AND ORDERING AND PROVIDING
FOR THE IMPROVEMENT OF A PORTION OF BLACKSTONE DRIVE
TR5,11-0! "IONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CIT'Y OF FORT WOR,m, TEXAS; LETTING CON-
TRACT TO SRO ASPHALT, INC.. ARLINGL O TEXAS AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENI'S AND AUTHORIZING ITS EXECUTION;
MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY
INCURRED; MAKING PROVISIONS FOR TIU', LEVYING OF ASSESSMENTS AGAINST ABUTTING
PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVE-
MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH
ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE
ESTIMATES; DIRECTING THE CITY SLCRETARY TO FILL A NOTICE OF ADOPTION OF
THIS ORDINANCE WITH THE COUNTY CIXTq. (.)F TAFMANT COUNTY, TEXAS; DECLARING
THAT THIS ORDINANCE AND ALL SUBSEQUENT PRO(,�EEDINGS RELATING TO SAID STREET
IMPROVEMENT ARE AND SHALL BE PIMSUMTT TO THE ACT OF THE FIRST CALLED SES-
SION OF THE FORTIETH LEGISLATURE OF THE STA'ff,' OF TEXAS, CHAPTER 106; COM-
MONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED
BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, ctiAnER 176, SECTION 1, EMER-
GENCY EFFECTIVE MAY 12, 1967; AIM 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 F11ING 'IME COMPLETE ORDINANCE IN THE APPRO-
PRIATE ORDINANCE RECORDS OF THIS CITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Works Director for the Cid:y 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 ex-
amined by the City Council of the City of Fort Worth, Texas, and found to be in all mat-
ters 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.
There exists a public necessity for the improvement of the hereinafter
described portions of streets, avenues and publl.c places in the City of
Fort Worth, Texas, to-wit:
UNIT 1, BLACKSTONE DRIVE From Churchill Drive to Isbell Road,
known and designated as Unit 1,
Project No. 104-24000-198.
UNIT 2, TIDWELL DRIVE From Banks Street to Springer Street,
known and designated as Unit 2,
Project No. 104-24000-198.
UNIT 3, QUAIL TRAIL From Shenna Boulevard to Ohio
Garden Road, known and designated
as Unit 3* Project No. 104-24000-198.
UNIT 4, ROBINSON STREET From NW. 23rd Street to NW. 24th
Street, known and designated as
Unit 1, Project No. 104-24000-198.
UNIT 5, ROBINSON STREET From NW. 24th Street to NW. 26th
Street,, known and designated as
Unit 5, Project No. 104-24000-198.
UNIT 6, McCANDLESS STREET From NW. Loraine Street to NW. 32nd
Street, known and designated as Unit
6, Project No. 104-24000-198.
UNIT 7, NW. 29th STREET From McCandless Street to Titus
Street,, known and designated as
Unit 7, Project No. 104-24000-198.
UNIT 8, NW. LORAINE STREET From Titus Street to Sherman Street,
known and designated as Unit 8,
Project No. 104-24000-198.
IIIo
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, BLACKSTONE DRIVE From Churchill Drive to Isbell Road,
known and designated as Unit 1,
Project No. 104-24000-198: a six-
inch thick hot-mix asphaltic con-
crete pavement on a six-inch thick
cement stabilized subgrade, seven-
inch high concrete curb and eight-
een-inch wide concrete gutter so
that the finished roadway will be
thirty feet wide and by constructing
six-inch thick concrete driveways
and four-foot wide concrete sidewalk
where specified.
UNIT 2, TIDWELL DRIVE From Banks Street to Springer Street,
known and designated as Unit 2,
Project No. 104-24000-198: a 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 con-
crete driveways where specified.
UNIT 3, QUAIL TRAIL From Shenna Boulevard to Ohio Garden
Road, known and designated as Unit 3,
Project No. 104-24000-198: a six-
inch thick hot-mix asphaltic concrete
pavement on a six-inch thick cement
subgrade, seven-inch high 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 driveways
where specified.
UNIT 4, ROBINSON STREET From NW. 23rd Street to NW. 24th
Street, known and designated as
Unit 4, Project No. 104-24000-198:
a six -!—inch thick hot-mix asphaltic
concrete pavement on a six-inch thick
lime stabilized subgrade, seven-inch
high concrete curb and eighteen-inch
wide concrete gutter so that the fin-
ished roadway will be thirty feet wide
and by constructing six-inch thick
concrete driveways and four-foot wide
concrete sidewalk where specified.
UNIT 5, ROBINSON STREET From NW. 24th Street to NW. 26th
Street, known and designated as
Unit 5, Project No. 104-24000-198:
a six-inch thick hot-mix asphaltic
concrete pavement on a six-inch thick
lime stabilized subgrade, seven-inch
high concrete curb and eighteen-inch
wide concrete gutter so that the fin-
ished roadway will be thirty feet wide
and by constructing six-inch thick
concrete driveways and four-foot
wide concrete sidewalk where specified.
UNIT 6, McCANDLESS STREET From NW. Loraine Street to NW. 32nd
Street, known and designated as Unit 6,
Project No. 104-24000-198: a six-inch
thick hot-mix asphaltic concrete pave-
ment on six-inch thick lime 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 con-
structing six-inch thick concrete
driveways and four-foot wide concrete
sidewalk where specified.
UNIT 7, 29th STREET From McCandless Street to Titus Avenue,
known and designated as Unit 7, Project
No. 104-24000-198: a 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 and
four-foot wide concrete sidewalk where
specified.
UNIT 8, NW. LORAINE STREET From Titus Avenue to Sherman Avenue,
known and designated as Unit 8, Project
No. 104-24000-198, a 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.
...........
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.
IV.
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 shall
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 at 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 op.tion 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 came be made against any property or any owner thereof in excess of the special
benefits 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 less than
$9.00 each, the first of such installments to become due and payable not more than
30 days after the completion and acceptance by tl-�e City of the par-ticular unit,
PROVIDED FURRIER, that the City Attorney is hereby empowered to authorize payments
of said sums In lesser installments andlor over a longer period of time in cases in
which the Director of Public Works has previously determined that: an extreme financial
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 shall, have executed and
delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's
and materialman' s contract upon forma supplied by the City granting a mechanic 's lien
,upon and conveying the said abutting 1!,)r,operty in trust to secure the payment by said
owner or owners according to the terms thereof of the aunts assessed against such
property.
V.
The assessments against the respective lots and parcels of property and the
owners thereof shail be evidenced by certificates of special assessment, which
shall be executed in the name of t1he City by the Mayo�r of said City and the City
Secretary shall attest the same and impress the corporate seal of the City thereon,
and which may have attached thereto coiapons in evidence of the several installments,
or in evidence of any of the installments in whicli 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 the name of the owners, as far as known, and shall 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 impro,vements 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 thereof, have been -regularly had, done and performed:, and such re-
citals shall be prima facia evidence of the matters so recited, and no further proof
shall be required in any court, and the said certificatea shall provide substantially
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 due and payable, together
with reasonable attorney's fees and costs of collection, if incurred, all of which,
as well as the principal and interest on the assesament, 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, 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 in-
validate any assessment levied. The certificates referred to need not contain
recitals in exactly the works 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 1,105b of the re-
vised' Civil Statutes of Texas, as amended, and the bid of SR() Asphalt, Inc• ,
Arlington, Texas having been found r7o' be the lowest and
best bid for the making and construction of said improvements, the contract there-
fore is hereby awarded to SRO Asphalt, Inc. , Arlington, Texas
at and for the prices stated in the Proposal
of said company and as reported and recommended bly the Public Works Department, which
said report and recommendation is on file with the City, the City Manager, and the
City Secretary are hereby directed to execute the said cantr'act in the name of the
City of Fort Worth, Texas, and to impress the corporate seal. of the City thereon,
the said contract embracing, among other things, the prices for 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 appropriated out of available
funds and current revenues of the City, an amount sufficient to pay said indebtedness
so incurred .
VIII.
The improvements provided for herein shall be made and 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 provisions of Chapter 106 of
the Acts of the First Called Session of the Fortieth Legislature of the State of
Texas, now known as Article 1105b of Vernon's Texas Civil Statutes, as amended,
which law has been adopted as an amendment to and made a part of the Charter of
the City of Fort Worth, Texas, and under which law these proceedings are taken
and had.
IX.
Each unit above described shall be and constitute a separate 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 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 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.
XII.
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 known 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 Attorney
City oPort Worth, Texas
0
Mayor and Council Communication
DATE REFERENCE SUBJECT. Award of Contract - Ass"- sment PAGEE
0 NUMNWIR Paving 4t 8 Locations on the Northwest
2/9/70 C-1663 I of
Council action is requested on the project described below.
Project, Descri2tion
Nature of Work. Assessment Paving at 8 Locations on the Northwest Side.
Roadway
Unit Street Limits Width R.0.W..
I Blackstone Drive Churchill Drive to Isbell Road 30 feet 50 feet
2 Tidwell Drive, Banks Street to Springer Street 30 feet 50 feet
3 Quail Trail Shenna Boulevard to Ghio
Garden Road 30 feet 50 feet
4 Robinson Street N.W. 23rd Street to N.W.
24th Street 30 feet 60 feet
5 Robinson Street N.W. 24th Street, to N.W.
26th Street 30 feet 60 feet
6 McCandless Street N.W. Loraine Street to
N.W. 32nd Street 30 feet 60 feet
7 N.W. 29th Street McCandless Street to
Sherman Street 30 feet 60 feet
8 N.W. Loraine Titus Street to Sherman Street 30 feet 60 feet
Paving on these its was petitioned with the exception of Robinson Street
which was initiated as the result of a poll card survey.
Submission of Bids
The following bids have been received:
Bidder Amount Bid
S.R.O. Asphalt, Inc. , Arlington, Texas $1,46,310.75
Austin Road Company 154,830.80
Ernes t Loyd 170,319.25
Texas Bitulithic Courpany 172,491.25
Gelneral Construction Company 180,999.54
Bids Received: January 15, 1970 UIFFICIN'IiAl RECORD
Working Days Allowed: 145
CITY
FL
DATE REFERENCE SUBJECT: Award of Contract — Assessment PAGE
NUMBER paving at 8 Locations on the Northwest 2 2
2/9/70 C-1663 Side ... of —
Project Cast and Financing
Based on the low bid, approximately $68,621.84 will be assessed against
abutting property owners. The cost to the City-at-large wIll'be approximately
$92,320, including engineering expense. A Bond Fund Transfer-,from Future Sales
of Unspecified Funds is proposed to provide for to City's portion of the cost
of the project. Future Sales financing is required because the 1969 bond sale
allocation for this purpose has been exhausted.
Recommendations
It is recommended that:
1) The following Bond Fund Transfers be approved
fount,: From To Reason
$68,621. 84 Unspecified, 8 Locations on the property Owners' portion
042-09724-901 Northwest Side of construction cost.
042-10424-198
$91,000.00 Unspecified 8 Locations on the City's portion of con-
104-24000-901 Northwest Side struction, engineering
(Future Sales) 104-24000-198 and miscellaneous costs.
Approximately $1,500 is available in the City cost account, which was estab-
lished for preliminary engineering costs.
2) An ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Making provisions for levying of assessments;
c) Directing the Public Works Director to prepare estimates of
coasts and amounts to be assessed;
d) Awarding the contract to S.R.O. Asphalt, Inc. , Arlington,
Texas, in the amount of $146,310.75; and..,
e) Making appropriations to cover the indebtedness thereby
incurred for improvements as described above.
) An ordinance be adopted:
a) Approving the estimates of cast and amounts to be assessed;
and,
b) Setting March 9, 1970, as the date for the Benefit Hear-Ing.
HDM:ms
Attachments :
A - Resume of Project
"B" — Location Maps i aide I� '�
"C" _ Engineers' Preliminary Rolls ,,,1A
SUBMITTED BY: DISP,DS d V UMCIt
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CITY SECRETARY
CITY MAUAGER -�