HomeMy WebLinkAboutOrdinance 6837 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF EAST 12111 STREET
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, "TEXAS; LETTING CON-
TRACT TO AUSTIN ROAD COM1"A,y 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 OWNERS 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:
I.
The hereinafter described Plans and Specifications are hereby approved and
adopted.
II.
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:
1314111 1: EAST 12T11, STREET Froa;an Sn l,van ka Aven aauaa Lo Bau line Street,
known and designated as 'Unit 1, Project
No. 104-24000-221.
TJNr 2: VAN HORN AV'E'AU"E F:Ma°m Baurl.Aune Street to "Ret:ta Street,
�,m, ,wwn and dea u..gnated; as Unfit 2, Project
11o. 1.04--24000-221..
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:
UNIT 1: EAST 12,111 STREET From Sylvania Avenue to Baurline Street, known
and designated as linit 1, Project No.104-24000-
221, an six-ii1ch thick hot-mi'x asphaltic concr,ete
pavfainenr- on a six-inch t[aick ceriient stabilized
sub
grade with seven-inch high concrete curb and
eighteen-inch wide, concrete gutter on an twenty".
foot roadway. Six-inch thick concrete drive-
ways will. be constructed where specified.
'UNIT 2: VAN 11OR14 STREM Frn,,a Baurlirxe Street', to Retta Street, known and
designoted as Unit 2, Project No. 104-24000-221,
a six-inch tliick hotyai),, asphaltic concrete pave-
nnent on a sim-inch thick ceiiient stabilized subgrade
with seven-inch high concrete curb and, eighteen-
inch wide concrete gutter on a twenty-eight foot
1'oadway, Si,--inch thick cow'_,rete driveways will be
constructed where specified.
UNIT 3: FINLEY STREET Prora Retta Street to Riverside Drive, known and
designated as Unit 3, Project No. 104-24000-221,
a sins.-inch tLick hot-mix asphaltic concrete pave-
i.nent c.)n a six-inch thick ceiruent stabilized subgrade
with seven-inch high concrete curb and eighteen-
tnch wide concrete gutter on a thirty foot roadway.
Six-inch �hicic concrete driveways will be construct-
ed i,rhere specified.
UNIT 4: PAMDISE STREET Frc'mu East Ist Street tai Chenault Avenue, knoi'qri and
designated as Unit 4, Project No. 104-24000-221, a
six-inch thick hot-v�iz asphaltic concrete pavertent
on a sr :-incli thick cev�ient stabilized subgrade with
seven-inc[i high concrete curb and eighteen-inch
wide concrete gutter on a thirty foot roadway. Six-
inch thick concrete driveupays will be constructeq.11
N,rhere 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 constriacted, togethet 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 finprovernents 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 trtie 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 i:he
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 firprovements after deduo.-ing the amounts herein specified to be paid by the
abutting, properties arid 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 o4ners 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 bec!owne payable in five (5) equal installments, due respectively
on or before thirty (30) days, and one (I) , two (2) , three (3), and four (4) year's
from the date of such completion and acceptancip, and the assessments against the pro-
perty abutting upon the remaining units shall be and become due and payable In suc:h
installments after the date of completion and acceptance of such respective unit.
The entire amount assessed against the particular parcels of property shall beer
interest from the date of sucli complet.lon avid acceptance of the improvements on the
unit upon which the particular property abuts at the rate of six (6%) 'Percent per
annum, payable artnually 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, accruird to the date of payment and further
provided i,f default be made in the payment of any irstallment promptly as the same
matures, then at the option 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 ionedi-
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 low fi°i force in the City, nor shall any assessment be made in any case
until after notice of' hearing an provided by l,aw. 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 florty-eight. equal 'regular monthly installments of not less than
$9.00 each, the fit,st 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 FURT'KLPR, that 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 authori,zed 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 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.
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 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 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 certificates 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 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, 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.
M
Bids having been advertised for an required by Article 1105b of the re-
vised Civil Statutes of Texas, as amended, and the bid of "I TK i n D COMPANY
having been found to be the lowest and
beat bid and construction of said improvements, the contract there-
fore is hereby awardeO to _—AUSTIN ROAD COKPANY
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 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.
X iv
This ordinance shall take effect and be in full force and effect from and
after the date of its passage,
PASSED AND APPROVED THIS T DAY OF
APPROVED AS TO FORM AND LEGALITY:
City Attorney
UNIT 5: CRAYTON STIMET From East Avenue to East Lancaster Avenue,
known and designated as Unit 5, Project No.
104-24000-221, as seven-inch thick hot-mix
asphaltic concrete pavement an a six-inch
thick cement stabilized subgrade with seven-
inch high concrete curb and twos foot wide
concrete gutter on a twenty-eight foot road-
way. Six-inch thick concrete driveways will
be constructed where specified.
UNIT 6: POLLARD STREET F rom Greenlee Street to Meadowbrook Drive,
knawn and designated as Unit 6, Project No.
104-24000-221, as six-inch thick hot-mix
asphaltic concrete pavement on a six-incli
thick cement stabilized subgrade with seven-
inch high concrete curb and eighteen-inch
wide concrete gutter on a thirty foot roadway.
Six-inch thick canciete driveways will be
constructed where specified.
UNIT 3: FINLE".� STIZEET Frow Retta Street to Riverside Drive,
known and designated as Unit 3, Project:
No. 104-24000-221.
UN1T 4: PARADISE STREET From East Ist Street to Chenoult Avenue,
known and designated as Unit 4, Project
No. 104-24000-221.
UNIT 5: GRAFTON STREET From East Avenue to East Lancaster Avenue,
known and designated as Unit 5, Project
Nb. 104-24000-221.
UNIT 6: POLLARD STREET From Greenlee Street to Meadowbrook Drive,
known and designated as Unit 6, Project No.
104-24000-221.
............------
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE susigeT- Award of Contract - Assessment PAGE
NUMSER Paving at 6 Locations on the 3
5/14/73 C-2529 East Side I of
Council action is requested on Project No. 104-24000-221, as described
below.
Roadway R.O.W.
Width Width
Unit Street Limits Feet Feet
1. East 12th Street Sylvania Avenue to 26 40
Baurline Street
2. Van Horn Avenue Baurline Street to 28 38
Retta Street
3. Finley Street Retta Street to 30 50
1 Riverside Drive
4. Paradise Street Fast lat Street to 30 60
Chenault Avenue
5. Grafton Street East Avenue to 28 40
East Lancaster
6. Pollard Street Greenlee Street, to 30 50
Meadowbrook Drive
Improvements
All 'units in this project were initiated by petitions from the abut-
ting property owners. Due to the two year Interruption of the street
inprovement program, all petitions were re polled in November 1972, to
insure that property owners were still in favor of paving the above
streets. Units 1, 2, 3, 4 and 6 will be improved, by construction of
6-inch thick hot-mix asphaltic concrete pavement, 7-inch high concrete
curb and 18-inch wide concrete gutter, on a 6-inch cement stabilized
sub grade. The property adjacent to Unit 5 is used for commercial pur-
poses and it will be improved by construction of 7-inch thick hot-mix
aspbaltic concrete pavement, 7-inch high concrete curb and 24-inch
wide concrete gutter on a 6-inch cement stabilized sub grade. Drive-
ways will 'be 6-inch thick concrete on all, units.
Submission of Bids
The following 'bids have been received:
Bidder Amount
Austin Road Company $117,718.38
Glade, Inc. 127,029.10
Texas Bitulithic Company 129,196.60
R. W. Gibbins, Inc. 133,230.00
DATE RE11 MCE SUBJECT: Award of Contract - Assessment PAGE
uses Paving at 6 Locations on the J2, Of
5/14,/ East Side 73 C-2529
............
The following contractors received plans and specifications but sub-
ti tted no bids:
S.R.O. Asphalt, Inc.
Walt Williams Construction Company
Bids Received; April. 19, 1973
Working Days Allotted: 93
Project 'Cost and Fjn4acin
Based on the low bid, $65,971.53 will be assessed against abutting
property owners, to be provided for by a bond fund transfer from Re-
volving Fund Unspecified. Total construction, inspection engineer-
ing salaries and ,miscellaneaus costs to the City will be approximately
$63,518.70, plus approximately $1,000.00 for street and utility ease-
ments.
Recommendations
It is recommended that:
1) the following Bond -Fund Transfers be approved:
Amount , From To Reason
$65,971.53 Unspecified 6 Locations To provide funds for pro-
Revolving on East Side perty owners' share of
Fund, 042- Revolving construction cost for
09724-901 Fund, 042- Assessment Paving at 6
10424-221 Locations on the East
Side, Project 'No. 104-
24000-221
$64,520.00 Unspecified 6 Locations To provide City's share
Assessment on East Side of construction cost, in-
Paving, 104- Assessment spection engineering sal-
24000-901 Paving, 104- aries, acquisition of
24000-221 right-of-way and miscel-
laneous expenses.
2) An ordinance be adopted:
,a) Declaring the necessity for and ordering the improve-
toents;
b) Making provisions for levying assessments;
c) Directing the Public Works Department to prepare esti-
mates of costs and asiounts to be assessed;
d) Awarding the contract to Austin Road Company, in the
amount of $117,7.18.38; and
DATE REFERENCE suajEcT, Award of Contract - Assessment
PAGE
NUMBER Paving at 6 Locations on the 3 3
5/14/73 C-2529 East Side
e) Making appropriations to cover the indebtedness thereby
incurred for improvements of the pro sec t named above.
3) An ordinance be adopted:
a) Approving the estimates of costs and amounts pro,posed to
be assessed; and
b) Setting June 11, 1973, as the date for the Benefit
Hearing.
RNL:ab
Attach rent
SUBMITTED BY: OISPOSITION BY COUNCIL: PROCESSED BY
APPROVED ICS OTHER (OESCRISE")
37 CASW60UARY
DATE
CITY MANAGER
C,
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