HomeMy WebLinkAboutOrdinance 6733 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF ALLEN-MADDOX CONNECTION
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO TEXAS BITULITHIC COMPANY AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU-
TION; MAKING APPROPRIATION$ FOR THE PURPOSE OF PAYING THE INDEBTEDNESS
THEREBY INCURRED; MAKING PROVISIONS .FOR THE LEVYING OF ASSESSMENTS AGAINST
ABUTTING PROPERTIES AND THE OWNtRS THEREOF FOR A PART OF THE COST OF SUCH
IMPROVEMENTS AND THE ISSUANCE OF' ASSIGNABLE CERTIFICATES IN EVIDENCE OF
SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PRE-
PARE ESTIMATES; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION
OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLAR-
ING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID
STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED
SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106;
COMMONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED
BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMERGENCY
EFFECTIVE MAY 12, 1967; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND EN-
ROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF
THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE 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 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 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:
1.
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 public places in the City of
Fort Worth, Texas, to-wit:
UNIT 1: ALLEN-MADDOX CONNECTION From 135W to T & P Railroad, known and
designated as Unit 1, Project No. 061-
21304-4553, Phase V Echo.
7C II
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: ALLEN-MADDOX CONNECTION From 135W to T & P Railroad, known and
designated as Unit 1, Project No. 061-
21304-4553, Phase V Echo, a seven-inch
thick hot-mix asphaltic concrete pavement
on a six-inch thick lime stabilized sub-
grade with seven-inch high concrete curb
and eighteen-inch wide concrete gutter,
four-foot wide concrete sidewalk and six-
inch thick concrete driveways where speci-
fied. The finished roadway will be sixty
feet wide from I 35W to Stewart Street and
forty-four feet wide from Stewart Street to
T & P Railroad.
UNIT 2: ALLEN-MADDOX AVENUE CONNECTION From T & P Railroad to Riverside Drive, known
and designated as Unit 2, Project No. 061-21304-
4553, Phase V Echo, retaining existing seven-
inch thick hot-mix asphaltic concrete pavement
on a forty-four foot roadway, and by realign-
ing and reconstructing existing seven-inch
high concrete curb and eighteen-inch wide
concrete gutter, four-foot wide concrete side-
walks and six-inch thick concrete driveways
where specified.
UNIT 3: MILANO AVENUE From the south property line of Lot 14, Block
36, Lakeview Addition to 125' north, known
and designated as Unit 3, Project No. 061-
21304-4553, Phase V Echo, a two-inch thick
hot-mix asphaltic concrete surface course on
a six-inch thick cement stabilized gravel
base, with seven-inch high concrete curb
and eighteen-inch wide concrete gutter, four-
foot wide concrete sidewalk and six-inch thick
concrete driveways so that the finished roadway
will be thirty feet wide.
The above, together writh coincrete 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.
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 ol' 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 r'ea'l 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 emmpleted 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 accep�tance 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 anx�runt 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 (690) 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 arid further
provided if default be made in the payment of any installment promptly as the same
matures, then at the option, of the City of port .Worth or its assigns, the entire
amount of the ossesement 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 case 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 pro�per,ty and owners thereof shall be evidenced by
certificates o�f 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 Woorth 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 the City of the particular unit,
PROVIDED FURTHER, rhat the City Attorney is hereby empowered to authorize payments
of said sums in lesser installments and/or 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 4,.),f Fort Worth a lawful, valid and binding note and mechanic's
and materialman"s contract upon forms supplied by the City granting a mechanic's lien
upon and conveying the said abutting property in trust to secure the payment by said
owner or owners according to the terms thereof of the sums assessed against such
property.
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 City
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 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 tlte 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 thereof, have been regularly had, done and performed, and such re-
citals shall be privis facia evidence of the matters so recited, and no further proof
shall be required in any court, and the said certificates shall provide substantially
that if default 'be inade in the payment of any installment promptly as the same
matures, then, at the option of the City of Fort Worth, or its "signs, 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 assessment, shall be a first and prior
lien against the property, superior to all other ILens 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 assessmew: '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.
VI.
Bids having, been advertised for as required by Article 1105b of the re-
vised Civil Statutes of Texas, as amended, and the bid of TEXAS BITULITHIC COMPANY
having been found to be the lowest and
best bid for the making and construction of said improvements, the contract there-
fore is hereby awarded to TEXAS BITULITHIC COMPANY
at and for the prices stated in the Proposal
of said company and as reported and recommended by 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 contract 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 1430, 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:
- "Aow
.�5,00^6 -Vi
City Attorney
UNIT 4: MILANO AVENUE Frotn the north property line of Lot 14,
Block 36, Lakeview Addition to Myrtle
Street, known and designated as Unit 4,
Project No. 061-21304-4553, Phase V Echo,
a two-inch thick hot-mix asphaltic concrete
surface course on a six-inch thick cement
stabilized gravel base, with seven-inch
high concrete curb and eighteen-inch wide
concrete gutter, four-foot wide concrete
sidewalk and six-inch thick concrete driveways
so that the finished roadway will be thirty
feet wide.
UNIT 5: MANSFIELD AVENUE From a line 20' south of the northeast pro-
perty line of Lot 7, Block 34, Lakeview Add-
ition to 120' north, known and designated as
Unit 5, Project No. 061-21304-4553, Phase V
Echo, a seven-inch thick hot-mix asphaltic
concrete pavement on a six-inch lime stabiliz-
ed subgrade with seven-inch high concrete curb
and eighteen-inch wide concrete gutter, four-
foot wide concrete sidewalk and six-inch thick
concrete driveways on a forty-foot roadway.
UNIT 6: CUL-DE-SAC AT ALLEN AVENUE Known and designated as Unit 6, Project No.
061-21304-4553, Phase V Echo, a two-inch
thick hot-mix asphaltic concrete surface
course on a six-inch thick cement stabilized
gravel base, with seven-inch high concrete
curb and eighteen-inch wide concrete gutter,
four-foot wide concrete sidewalk and six-inch
thick concrete driveways where specified.
UNIT 7: YUMA AVENUE From 7' north of south property line of Lot 22,
Block 35, Lakeview Addition to north property
line of Lot 22, Block 35, Lakeview Addition,
known and designated as Unit 7, Project No.
061-21304-4553, Phase V Echo, a two-inch thick
hot-mix asphaltic surface course on a six-inch
thick cement stabilized gravel base, with seven-
inch high concrete curb and eighteen-inch wide
concrete gutter, four-foot wide concrete side-
walk and six-inch thick concrete driveways
where specified on a thirty-foot roadway.
UNIT 8: YUMA AVENUE From north property line of Lot 22, Block 35,
Lakeview Addition to Myrtle Street, known and
designated as Unit 8, Project No. 061-21304-
4553, Phase V Echo, a two-inch thick hot-mix
asphaltic concrete surface course on a six-
inch thick cement stabilized gravel base, with
seven-inch high concrete curb and eighteen-inch
wide concrete gutter, four-foot wide concrete
sidewalk and six-inch thick concrete driveways
where specified on a thirty foot roadway.
UNIT 2: ALLEN-MADDOX AVENUE CONNECTION From T & P Railroad to Riverside Drive,
known and designated as Unit 2, Project
No. 061-21304-4553, Phase V Echo.
UNIT 3: MILANO AVENUE From the south property line of Lot 14,
Block 36, Lakeview Addition to 125' north,
known and designated as Unit 3, Project No.
061-21304-4553, Phase V Echo.
UNIT 4: MILANO AVENUE From the north property line of Lot 14,
Block 36, Lakeview Addition to Myrtle
Street, known and designated as Unit 4,
Project No. 061-21304-4553, Phase V Echo.
UNIT 5: MANSFIELD AVENUE From a line 20' south of the northeast
property line of Lot 7, Block 34, Lakeview
Addition to 120' north, known and designated
as Unit 5, Project No. 061-21304-4553, Phase
V Echo.
UNIT 6: CUL-DE-SAC AT ALLEN AVENUE Known and designated as Unit 6, Project No.
061-21304-4553, Phase V Echo.
UNIT 7: YUMA AVENUE From 7' north of south property line of Lot
22, Block 35, Lakeview Addition to north
property line of Lot 22, Block 35, Lakeview
Addition, known and designated as Unit 7,
Project No. 061-21304-4553, Phase V Echo.
UNIT 8: YUMA AVENUE From north property line of Lot 22, Block 35,
Lakeview Addition to Myrtle Street, known and
designated as Unit 8, Project No. 061-21304-
4553, Phase V Echo.
City J .Port Worth, Texas
'Coma Mayor and Council Communication
11 OUR REFERENCE susieca. Awari A Contratt"" - Assessment fAGE
NUMBER Paving Neighborhood Improvemert 3
10/2/72 C-2355 � &ho Ar I of
Council action is requested on the project described below.
f!2AK_DeaS1jgi2n,
Nature of Work; Street paving on Neighborhood Improvement Program (Echo Area
Phase V) as follows:
ROADW&Y R.O.W. IYPE OF
UNIT STREET WIDTH FEET FEET IMPROVEMENTS
1. Allen-Maddox Connection I ,5 to 60 80 Rebuild
Stewart
Stewart to 44 60 Rebuild
mlssissippi
Mississippi 44 64 Rebuild (and
to Beverly new constru-
tion)
Beverly to 44 75 Rebuild
TO R.R.
2. Allen-Maddox Connection TO R.R. to 44 75 Existing
Riverside Dri, Pavement to
Remain
3. Milano Avenue Maddox to 30 50 Reconstruct
Alley Nub rt,h
4. Milano Avenue Alley N. of 30 50 Reconstruct
Maddox to Myrtle
5. Mansfield Avenue Alley N. of 40 60 Rebuild
Maddox to,
120' out
6. Allen Avenue Cul-de-sac 80 100 Reconstruct
312.5' east
of Mississippi,
7. Yuma Avenue Maddox to 30 50 Reconstruct
Alley North
8. Ytmia Avenue Alley North 30 50 Reconstruct
��')f Maddox
to Myrtle
y,S a
0•
DATE REFERENCE SuaJEET Assessment
10/2/72 c-2355
`td~ads project; will provide improved traffic facilities on the Allen-Maddox
Street c cam~wca,rwt,.rare between I-35W and Riverside Drive. The Allen-Maddox
Street project, in addition to tying in with the Kyraawa td portion of Maddox
Avenue, provides cces from the o t,h Freeway two the of Freeway.
rar,rrwwr�arwrwtra
Streets to be rebuilt will be improved by constructing seven-inch thick hot-
mix asphaltic concrete pavement on as six-inch Id.wrr~w stabilized sub grade on
Allen-Maddox Connection aan d six-inch thick hot-mix held concrete meat
on as six-inch lime stabilized aawtbgraacde on othera rebuilt streets. Reconstructed
streets will ll be improved by constructing as two-inch thick hot-mix asphaltic
concrete surface ce course on as six-inch thick cement stKilized gravel base.
All units will include seven-inch high concrete curb and eighteen-inch wide
concrete gutter with aaix—i"wrdw thick concrete driveways 'Where specified on the
plans. Four oot° wide concrete sidewalks will l l b provided d a loo with necessary
a ry
storm sewer appurtenances,
Subrrwiawaad,on of Bids-
The olla w ing bid has been received:
ddr.r Amnunt
Nexas Bitulithic Company $258,638.00
The following contractors obtained plans but did not bid on the project:
rt:
Austin Roaaad aawradaaara
Ellis County Asphalt Company, Inc.
:lade, Inc,
L. Grimes and Company, Inc.
Navarro Construction Cowman
Southwestern Contracting Company
*This bd:.,cd is in line with previous bids received in the N.I.P. Echo Area
and approximately 47,000.00 under the engineers' estimate.
rhe Department of Housing and Urban Development has stated that it is
acceptable b under IWD regulations when only one bid is received wd,f the
project has been properly advertised, etc.
Bids Received: September 14, 1972
Norking Days Allotted: 90
Based on the low bid, approximately aat 3, 4 . r will be assessed against abutting
property owners to be provided for by aw ddaaa°r,cd Fund Transfer from Revolving
Fund Unspecified. Except for ineligible d..tems of $21,630.24, two-thircd, of
DATE REFERENCE suwomn Award of Contract - Assessment PAGE
14UMSER Paving in Neighborhood Improvement 3 3
10/2/72 2 35 5 (Evho Ar�!ii_,_Thase_VJ of
the total project cost of approximately $284,501,80 is reilbursable by the
Department of Housing and Urban Development. The proposed assessments are
for one-third of the cost of curb, gutter, driveways and sidewalks, where
none presently exist, Sufficient funds are available in Project Account
Nb. 061-21304-4553, Nei.. hborhood Improvement Area "ECHO", to finance the
cityls cost of construction, inspection engineering salaries and miscel-
laneous expenses.
Recommendations
It is recommended that:
1) The following Bond Fund Transfer be approved:
Amount From To Reason
$3,440. 76 Unspecified N.I.P. Echo To provide for property
Revolving Fund Revolving Fund ownerst share of construction
942-09724-901 042-10424-402 cost of N.I.P. , Echo, Phase V
2) An ordinance be adopted:
a) Declaring the necessity for ordering the improvements;
b) Making the provisions for levying the assessments;
c) Directing the Public, Works Department to, prepare
estimates of costs and amounts to be asisessed;
d) Awarding the contract to Texas Bitulithic Company
in the amount of $258,638.00;
e) Making appropriation to cover the indebtedness thereby
incurred for improvements of the project named above.
3) An ordinance be adopted:
a) Approving the estimates of cost and amounts to be
assessed; and,
b) Setting October 30, 1972, as the date for the Benefit
Hearing.
Rig:mj
Attachments;
"A" - Location Map
"B" - ResumeL
"C" - Engineers' Preliminary Rolls
SUBMITTED BY: 04SPOSK10 el-c-DUNCIL. PROCESSED BY
&�IPPROVED 0 OTHER (DESCRIBE) 1<1
Adu�ted..,Ordinance No. 07,3.-� rjeclariz�,� Necesoi CITY SECRETARY'
rand Ordinaaiae 14o. J, 731Y(z3etting olf DATE
MTV MANADER