HomeMy WebLinkAboutOrdinance 5740 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT OF A PORTION OF__N-. W1, 29th 5TRE�__ -
A14D PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS;
LETTING CONTRACT TO S•R.O.ASPTKUT, I FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS
EXECUTION; MAKING APPROPRIATIONS FOR THE P17RPOSE OF PAYING THE INDEBT-
EDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESS-
MENTS AGAINST ABUTTING PROPERnEs AND THE OWNERS THEREOF FOR A PART
OF THE COST OF STICH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CER-
TIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS
DIRECTOR OF THE CITY TO PREPARE E81"IMATES; DIRECTING THE CITY SECRETARY
TO FILE A NOTICE OF ADOPTION Oh' HIS 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 ALLED SESSION��SION OF THE FORTIETH LEG-
ISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE
1105b OF VERNON'S TEXAS CIVIL STATU,,rES; ANT) 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, INOW THEREFORE:
BE IT ORDAINED BY THE CITY CITY OF FORT WORTH, TEXAS, THAT:
1.
The hereinafter described Plans and SpecifwaOons are hereby approved and adopted.
11,
There exists a public necessity for the imprm onwnL of the hereinafter described portions of streets, av-
enues and public places in the City of Fort Wort,h, ToNas, W-wits
1. N.Y. 29th STREET: From the north line of Rock Island to the south line of
McCandless Avenue, known and designated as Unit 1, Project
No. 104-2400(7-159.
2. 26th STREET: From the east line of Pearl Avenue to the west line of
Market Avenue,known and designated as Unit 2, Project No.
104.24000-159.
3. RZY`UGI0 STREET: From the south line of Cliff Avenue to the south line of
Lot 2, Block 48, Pruit's Sub—division,known and designated
as Unit 3, Project No. 104-24000-159.
4. 7. MM STREET: From the north line of N.E. 29th to the south Tine of N.r1.
30th Street, known and designated as Unit 4, Project No.
104-240oo-159-
5- PFLNIFER STREET: From the east line of Bonnie Brae to the east line of
Alta View Street, known and designated as Unit 5, Project
No. 104-24000-159.
6. PREfima STREET: From the east line of Alta View Street to the west line of
Fairview Street, known and designated as Unit 6. Project 11o.
114-24000-159-
7. BARDEY STREET: Prom the north line of west 4th Street Jro the south line of
Hamilton Avenue, known and designated as Unit 7, Project 1,ao.
104-24000-159.
S. I.IABLE STREET: From the north line of White Settlement Road to the
south line of Jacksboro Highway, known and designated
as Unit 9, Project No. 104-24000-159.
9. COM1,12RCIAL STREET: From the north line of Kansas Street to the south line
of White Settlement Road, known and designated as Unit 9,
Project No. 104-24000-159.
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. 29th STREET: from the" north line of Rock Island to the south line of
McCandless,known and designated as Unit 1, Project No.
104-24000-159, a 6-inch hot-mix asphaltic concrete
pavement on a 30' roadway.
2. 26th STREET: From the east line of Pearl Street to the west line of
Market, known and designated as Unit 2, Project No. 104-
24000-159, a 6-incri hot-mix asphaltic concrete pavement
on a 30' roadway.
3. REFUGIO STREET: From the south line of Cliff to the south line of Lot 2,
Block 48,Pruit's Sub. known and designated as Unit 3,
Project No. 104-24000-159, a 6-inch hot-mix asphaltic
concrete pavement on a 30' roadway.
4. N.E122 STR.iET: From the north line of N.E. 29th to the south line of
N.'l. 30th Street, known and designated as Unit 4, Project
No. 104-24000-159, a 6-inch hot-mix asphaltic concrete
pavement on a 40' roadway.
5. PREMI 2 STREET: From the east line of Bonnie Bras to the east line of
Atla View, known and designated as Unit 5, Project No.
lo4-24000-159, a 6-inch hot-mix asphaltic concrete
pavement on a 30' roadway.
6. PREMIER STR2m. +rom the east line of Alta View to the west line of
Fairview, known and designated as Unit 6, Project No.
104-24000-159, a 6-inch hot-mix asphaltic concrete
pavement on a 30' roadway.
7. BARDEN STREET: F rom the north line of West 4th to the south line o1' Hamilton
known and designated as Unit 7, Project No. 104-2400!-'-159,
a 6-inch not-mix asphaltic concrete pavement on a 30'
roadway.
S. NABLE STREET: From the north line of W%1.ite Settlement Road to the
south line of Jacksboro Highwqy, known and designated
as Unit z5, Project No. io4-24000-159. 6" HMAAC 30' Roadway.
9. COMMERCIAL ST: From the north line of Kansas Street to the south line
o? White Settlement Road, known and designated as Unit
9, Project No. 104-24000-159, a 6-inch hot-mix asphaltic
concrete pavement on a 30' roadway.
The above,toppvt.'praer°with crcantiMned conu,nte curbs and gaeatters on prc.wq.wr ;lar°ade and Line where same are not
already so e,wsras,U etedd, tegi;thre:r with shrrrm sewwus and ukmins and other necessary incidentals and appurten-
ances; all of said pn¢p,nruwda.menls to be a°;nwua, du eWdp as and wwdh.mv shwwarrr on the Plans and Specifications therefor.
tpa
The coat of said irrtwoveinnmts in ,sr w°dn elo;tira d d,mlf 4 Pu5d her as k&w% to-witr
A. The rn"Operrty aabubkuaa,f,' on tp.mt part,ion at t.:hm titreet, awern ue, or pubhe place and the real and true
owners(thereof shaft pay 0
est uoofaathe cost of;mots
a,°crunuuiugrPUmv a°aaofr on of theca grrop erty and not exceeding nine-
tenths ra-auprrwwwenients.
B. the C y of h^"eat, ty`e iAh WWI ltar;y all of tire a°au nder°of the cost of oaaiwi improvements:her deduct-
ing the aanreauinW h d n sip a p&df to he erWd Q the abut(aig, prrup erbes, and the .ical and true owners thereof as
set out in saxbmwt'pon A
The amouMs peeayWdo by the d'abu dn'kg p;nroapaew¢,rdcs and am red and p.ve owaaea•s theeeaf shall be assessed
agAnst such lwopeip.es mrid thin, reed and trite uovdare^r°°s whorwf and a"R ejorn.wtit;ute ar. hmt and prior lien upon
such progmiAieds and as lae^m omd HaPooky of the rvad and owners tpierecd, and shtali be payable, to-wilt:
When tlaw��u niripaa nw�eroacrrt=, are a,aeirr§ teed .a"d ameiA dP by Ow t ot;y on a pualcuhar narrK the surns assessed
against prropesty. abrr"sC,png Gap t,nti .„u h marVaNf and ao Ied axarat spaaahll hna,and become payabh in Ave ('d) equal
instal hnenis, dude raes+poereWd;ively on or h V"unr fCdr[yw (,'W) days, and one (1), two (2), three (3), and four (4)
years from Um elate of rauala t,r mphAna and nxeQaue, ra d the assessonents against the property abutting upon
the remaining units: ;dpr uPl be wsci be°.mne due imd payahhe j n smhe yaaad,aadlaaw nts Ot.er the date of completion and
acceptance of arwhr reRprcetNe oiwnpt pp e erua by aamaeu„ttf a"mwd ,dupw uA t the 'particular parcels of property shall
bear interest frorn tire., dwa, of sauu lw w;mruo thn m nd a ro-aapueud e of the iaaapuudrvernents on the unit upon which the
particuhr pw°dopert v Robuts at the 'Ay of A (61) radar w,a t pvedr°annum, pawak le annually except as to interest on
the first ino appr umt, we,prich GO pre due,:wdl prei,,euWp on r,rw olu w ,rod tassCeaBkNrwmt mar urr es, provided that any
owner shA huarvp the r°pK,ht 10 p,;rr aRy and aalH of;sue h rsarr,tuppuwia^k 0 any t kne ds:rhere maturity l`r,yr paying,prinei-
pal witih It rest; aa+cruaeal to Oie 1w, of pro nurnt; areal tj1kh,aer° p mwr"uc„>^ap; 6t dpeep',au➢V be rmadd in the payment of
any installment pro mwptlUw ajar th("� ,anw, e�n,tdaue ;d then at th,e ojfl,io n of the City of fort Worth or its assigns,the
entire aain„unt of upon "A hick ,av,hr de f avit, r a tn�haede tih aR be and become immediately due and
payable; but it is ,.tp.ea.,a 1p'ya,°rwNly° prov4led lhau no a4,^.essrncnt .,hN4 i n 'any casc, kw moide ap;ahoet any property or
any ow ur tPjei,:vd No exce m or If, ;porz,?,O bra rarrtif s to pulp e 4,)° in Ow enhanced wr 0ue thereof by meaals of said
the law in fore ito then a:°hn raox ddloa,t� wi;e w � ,,�r m hbe sri>aeAKn waiuw a�;,w e saQa tided by
improteinaw nt s in tloa ;uriwt upon a piM, tone paed ou a ap uapaw�t lw Anus, as as pd a rtsain d aat. the hearing provided
nt"td�a u��u�c trce of hw ar ang as pa°wma-
Aded pay p, m „~l<n d i �e�,;�sru,nU aad�waianst the aspe.e i,ve Nis awl pu as¢As of oa°¢,sarr`k,y and ownw a e thcd eed°rP' sl°call be
evidenced by cerdhc,aka',rs of as s ponAl ounsemnwnt wwprpch esh Wl Im esd^anated h, @,peer name of the; City of Fort North,
PROVIDE however, Lhaaat acti�hg thrclugh aGw a'darpda rurothan taiA priunow cut P up,l e "paan k% thae City of FM.t
Worth r^etrnirrira9 thew right to authaarare pym w nL of the scans das aaa a.dl agaa w4 paid U°rug property uhaorn mMi com-
pleted and aceepted ascot in not more than h'aart.y-eruWrV; evaal racy ular monthly, inst;,anHments of not less than`$'J.00
each, Me hint of mwh irsrupdrpknte:nW is ham mw ,pose mul p,,ar,aaaarhm' not noire than 30 days after the completion and
acceptrawm by Ow CRy of the praatkuhrr urnU, PR Dt"pPrED p q°R pk fBl, that lobe Ok;,y, .At,torreayr is hereby em-
power°ml to auat;h oAze Tmymeuats of.arwpd mairnna; hi Hsu irrapaulpidiayd s sara,p/cr over H longer period of time in cases
in which the Director of Pupn k 'Woa°pas Ow porerakmAy dotenaaaruad,,d 6haat an extreme financial lraardship upon the
pimpedy owirwwr = otheuwise r°aetraltr:,„ nand lepP.C;a't/pDh'D l<"VYgp,iHER, that such inethGd of payment shall be
author ud rarely in hiskan es whem the owwmr or owvrous of poic mrtu ,w&rutting upon such completed and accepted
unit shah hate exe+..rmWd aaarel delivned to the GRy, of F oru V%a Ah au JaawfrrG,wdslid and binding note and mechanic's
and materialman s corah,ac t upon fo rn"as suprp he;d by p;iaes (My graarating° ,a nzred aa�udel Tien upon and cdr weying
the said alurattinpg property, urr pxu,ust, 5 asea'eraue ne pa"m ea?p ➢ea .,ald ow mr°or owners according to the tenrnis there-
of of the wims ass ssed against such pwrraioerty.
The assessments against the respective lots and parcels of property and the owners thereor shall be
evidenced by certificates of special assessment, which shall be executed in the name of the City by the Mayor
of Said City*arid 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 narne 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 no further proof shall be required in any court, and the said certificates shall provide substan-
tially that if default be made in the pa'yrnent of any instaliment promptly as the same matures, then, at the
option of tile City of Fort Worth. of, its assigns, the entire amount of the assessment shall be and become
immediately v due and payable, together wtih 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 of- in any other matter or tiling, 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 propert'k exempt by law frorn 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 shall suffice, and they may contain other
and additional recitals pertinent thereto.
Bids having been advertised for a,, required by Article 1;0:31) of the revised Civil Statutes of Texas,
and the bid of S.R.O. ASPHALT INC. having been found to be the lowest
and best bid for the malting and construction Of Said ifn[WO,ernents, the contract therefore is herel.),\ awarded to
S.R.O. ASPHALT INC. I at and for thet prices stated in the Prop wial of said
company and as reported and recommended 1)y the Public Works Dopartment, which said report and recorn-
inendation is on file with the City, tile City „Manager, and City Secivtar;k are hereby v directed to execute the
said contract in the name of the City v of Fort Wovth, Foxa,,,, camp to impress the corporate seal of the City
thereon, the said contract embracing, among otl�or things, tho pric(, foi the )•k.
%U,
To provide for the pay yment of the indehtedriess incurred Iry the City of Fort Worth, Texas,, by said
contract. there is hereby appropriated out Of aVaiial)IC funds and current re\emies of the CitY, all aTllOUrlt
sufficient to pay said indebtedness so incurred,
,ne irm),mements, provided for herein sludl 1w made and constructed, notice given, hearing, held and
assessment levied and all proceedings taken and had in with and under the terms of the PO%Vel'S And
noyisions of Chaptel, 106 of the Acts of the Fir-d Called ''f the Fortioth Log.i";Llturf' of the State of
Texas. novv shown as Article 1 10,51) of Vernon's Texas Civil `,UmRos, �Od(h ],akv has peen adopted as an amend-
ment to and made a part of the Charter of the City of Fort linder wl6ch law these proceedings
are taken and had.
IN,
Eacli unit above described shall he and cow itutv va soj)�n',Oe and independent unit, of improvement and
the assessments herein provided for sliall be made For the irn,rovements in each unit according to the cost
of the impi-ovements in that unit and according to they lwrwfit.•- 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 lie 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,
X11.
The City Secretary is directed to prepare, sign and file Nvith 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 shown 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.
XI's'.
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 0 r_-4 ;5 r,.r.x ,m<> 19_
C
APPROVED AS TO FORM AND LEG,k1JT),`
City Atto-ey
�
City o i J ort Worth Texas
cMAHAN'
Mayor and Council Communication
DATE wutFeuENC SUBJECT: Award of Contract - Assessment PAGE
UMBER Paving oru....othe North Sid . project 1 ._wu
LE
_� ...... .. 6 .. '
Council action on the project described below is requested.
.PrOJ2.ct Descri tLa
Nature of work: Assessment Paving of 9 locations on the North Side.
ROADWNY
U. S RE?ET l.MTE A DTH ;.0 i 0,gyp.
I N.W. 29th Street Rock Island to tctanudlMess 30 feet 60 feet
26th Street Pearl. to Orket 30 feet 60 feet
efuugio Street Cliff to 250' South 30 feet Std feet,
N. Elm Street N.E. 29th to N.E. 30th 40 feet 80 .feet
5 Premier Street. Bonnie Brae to Alta View 30 feet 0 feet
6 Premier Street Alta View to Fairview 30 feet 50 feet
Barden Street West 4th to Hamilton 30 feet 5 :.feet.
8 HIM Street. White Settlement Road to
J°rrl sboro Highway 30 feet 50 feet
9 Conunercial Street RAnsas St. to White
Set'.tl ene'nt; Road 811 feet 50 feet
Petitions have been received for the paving of all units but Unit: 8 - Mble
Street, White Settlement Road to ,l"aclusboro WiKhua . Unit 8 was requested by
property owners with improved lots adjacent to the street. Fifty per cent of
the property was not represented by petition; however, the need wa.s recoBtrised
for paving to relieve dusty and rough conditions of this street, to complete
the paving„ of all streets in this area and facilitate traffic circulation.
Bidder Amount of Bid W 1kinR_ lea s
S. ..+9. Asphalt, Inc. 62,316.60 67
R. W. Gibbins, inc. 62,642.95 6
General Construction Co. 64,049.20 67
Texas 8ituwl,ithic Company 65,691.65 6 7
Glade Construction Company 69,1 4.6:5 6
'Worth Construction Cown,1xiny 72,001.45 6"
;pro lectw Cost and Fin.aaru w'iu
Based on the lows ivied , approximately $40,749.62 w'i'l.l. be paid by abutting property
owners. The cost to the City-at-large will be approximately 2 7,798.64, includ-
ing Engineering and miscellaneous expenses.
„lw t w u u ?ufm1kf
Try' '
DATE REFERENCE SUBJECT:Award of Contract - Assessment PAGE
NUMBER Paving on the North Side, Project
2/27/67 0-896 4-159 _.._._ . of
Recou enda t io us
It is recounnended
1) That the following bond fund transfers be approved :
A,Mt= FROM TO PURPOSE
$40,749.62 Revolving Pend 0142-10424-159 Property owners ' portion of
construction cost
$27,798.64 Unspecified 9 Locations City's portion of construc-
104-24 00. 901 on North Side tion and engineering
Project No.
104-24000-1,59
9
2) That an ordinance be adopted :
a) Declaring the necessity for and ordering the improvements;
b) Haking, provisions for levying of assessments
c) Ordering the Public Works Department to prepare estimates of cost
and amounts proposed to be assessed,
d) Awarding the contract to B.R.C. Asphalt, Inc. , on its low bid of
�6" ,81 .6 1; and,
e) Making appropriations to cover the indebtedness thereby incurred
for improvements to the project named above.
i
That an ordinance be adopted
a) ,approving the estitmites of cost and amounts proposed to be assessed;
and,
b) Setting March 1 , 1967, as the date of the Benefit Hearing.
The following suu. aries are attached :
"A" - Resume of the paving.. project
"B" - Distribution of cost and assessments, and results of post card survey,.
�1
o� t
�, lG 'Ay All
SUBMITTED BY: DISROSITIU Y COUNCIL ter. F"
PROVED OTHER (DESCRIBE)
..,,, .m. .. 7/Eclyy7�: ._. ..._ _ ..,
...�..,.�� �.•... .�.��� � � .....�. _.., __.. .. DATE
/TyANAGER p, � �' ✓� R .. E 27 6 .