HomeMy WebLinkAboutOrdinance 5247 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT OF A POR"I°IC:)N OF-
...... AND PORTIONS OF' SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS;
LETTING CONTRACT TO i" 312UJ.1'.MIC; (. 911"A.erY _FOR THE
MAKING AND CONSTRUCTION OF S'tICH IMPROVEMENTS AND AUTHORIZING ITS
EXECUTION; MAKING APPROPRIATIONS FOR THE PtJRPOSE OF PAYING THE INDEBT-EDNESS THEREBY INCURRED„ MAKING PROVISIONS FOR THE LEVYING OF ASSESS-
MENTS AGAINST ABUTTING PROPERTIES AND 'I H ' OWNER S THEREOF Foil A PART
OF THE COST OF SUCH IMPROVEMENTS AND THE ISSI:IANCE OF ASSIGNABLE CER-
TIFICATES IN EVIDENCE OF Sll-331 A`',s KS)SMENTS; IDTREC:`TING "I'I°IE PUBLIC WORKS
DIRECTOR OF THE CITY TO PREPARE ESTIMATES, (DIRECTING THE CITY SECRETARY
TO FILE A NOTICE OF ADOPTION Oh, "I`IIIS ORDINANCE WITH THE COUNTY CLERK OF
TARRANT COUNTY, TEXAS; DECLARIN48 THAT THIS ORDINANCE AND ALL SUBSE-
QUENT PROCEEDINGS RELATING TO SAID SI REET Ii PROVEMENT ARE AND SHALL
BE PURSUANT TO THE AC°I' OF THE E F IRS"I"C A LLED SESSION OPTH1',1 FOR"T"IETH LEG-
ISLATURE OF THE STATE OF TEXAS, C HAl":9 Elt 106, COMMONLY KNOWN AS ARTICLE
1105b OF VERNON'S TEXAS CIVIL STA"T 07°I I.S; AND TDIREC"I'ING THE CITY SECRETARY
TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN
THE MINUTE BOOKS OF THE CITY COITNCIL AND BY FILING THE COMPLETE ORDI-
NANCE IN THE APPROPRIATE ORDINANCE RE "CARDS OF"'PHIS CITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Public Works Director for the C:;ily of Fort Worth, Texas, has prepared Plans and Speci-
fications for the improvements of the hereinafter described portirat s of streets, avenues and public places in the
City of Fort Worth, Texas, and same havixiy been ez:amhied by thq, (7'1,,v Council of the City of Eort Worth,
Texas, and found to be in all matters and th:un s proper, , kAtC' "DIIt;III°,II"CAI.FAr
BE IT ORDAINED BY THE CITY C0tJ'N( L OT, 'HIE' CITY OF FORT WORTH, TEXAS, THAT:
I,
The hereinafter described Plans mid Specifi aaLimis are ➢koreby approved and adopted.
TI.
There exists a public necessity for the of �Cw her desca•Ihed portions of streets, av-
enues and public places in the City of Foot Aw°rardi fi� aaa, rya-sail„
Yong Avenue tension: Frcaat i',Iorth "4est 34-uh Street to El I is Avenue,
I;araKri and designated as Unit No. 3, Project
U94-23000-1 04.
Prairie Avenue: From I_,' i,3 Avenue to Angle Avenue, Down and
designated as Unit No. 1, Project 094-22000-101.
Angle Avenue: From Colmabus Avenue to Prairie Avenue, known
and designated as Unit No. 2, Project 094-220OU-101.
81711,11AI RECORD
CITY SECRETARY
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:
Long Avenue Extension-. Froru North 1"46st 34th &treet to F-1 lis Avenue,
lmown and designated as Unit No. 3, Project
U94-230JU-104, a 7-inch reinforced concrete
pavement on a 64-foot road-way.
Prairie Avenue: From Long Avenue to Angle Avenue, knoim and
designated tis Unit No. 1, Project (J94-22000-i01,
a 7-inch reinforced concrete pavement on a
4U-foot roadway.
Iingie Avenue: From Colwabus Avenue to Prairie Avenue, known
and designated as Unit No. 2, Project 094-
22000-101, a '7-i-nGhconcrete pavement on a
variable 45 to 60-.foot ot road-way.
The above,together win canilAned concrete curbs and gutters on proj.,jer grade and line where same are not
already so constructed, tagrethpi, with storm sewers and drains and other necessary inddentals and appurten-
ances; all of said improvements to be constructed as and where shown on the Plans and Specifications therefor.
M
The cost of said improvements ss lneirpin defined shall be paid for I's follows, to-wit:
A. The property abutting on th'at por(Rin or the .treet, nveyme or public 1.dace and the real and true
owners thereof shall paly 911 of the ccust of Curbs and gutj.ers in filont A the property and not exceeding nine-
tenths (9/10ths) of the estimated cost of the are ntaindor of,ueh improvements.
B. The City of 1''ort W�,-�rl,13 shall p�ilay all of the rernainder of cost of said improvements after deduct-
ing the amounts herein spocifie'd to lre ppaid!_uy the aibut6 ing, properf'Jes anfl the real and true rsrwwrners thereof as
set out in subsection A.
The arnounts j),,rtyti)je J)y the abut llArig properties, and the rt,^al and true owners thereof shall be assessed
against such ptcipertjes, and the real and true, oi,�ners theieof and shall constitute a first and prior lien upon
such properties and a porsonal of the leal and true covnens Lher,eof, pn,nd shall be payable, to-wit:
When the imprOveplflfflts are, cornil anil aceepted by the City an as particular unit, the sums assessed
against property abuffiwag, jjp r111 suolr corylpieted and! awe cq�pted unut sluall he and 6ecomepayable inifive (5) equal
installnients, due respectively on or before thilty, (30) (hays, and one (1), two (2), three (3), and four (4)
years from the dilate Of ""110 h rornI&L'Jo"a and accept race and 11te assessinerits, ag,Mnst the property abutting upon
the reirl units; s'liflH he pnd become due and payable hi such hisUfflinents after the date of completion and
acceptance of sixh res,,p(,wtiw1' unA ht entire"'in'lount ,tssessed the parHctdar parcels of property shall
bear interest frorn the sJate of suc+l comple[lon and of Hw iraprovements on the unit upon which the
particular property at)u1s at tlr c, <,pf gi,
c 1psr cent per anrnai'r, payable annually except as toy interest on
the first inst,,fflirneiA, wvhieh Shall be due arld pa,yabh'on Lhe &Ifo .aid iissUdhnent matures, provided that any
owner shall have than righ tpi, pay any aild aH or Such inn J Urwn lit, at 'any turns; beforp maturity d)y paying princi-
pal with interest accrued to the datc, a)f J)�Xyr�'rJ(jjt, ao(I provkied U default bc� made in the payment of
any installment prornpiIy as, ti�ue sftliw umlures, li at the opPaon of the City of Fort Worth or its assigns,the
entire j.,,lniount of the arse,�,snient upon wilich Such (h-1m0t is nuade AaH I'* and become immediately due and
payable; but it is specMwafly pro6ded thal. ring 0)afl In sisy case be made against any property or
any owner thk rc%f in oxces's of the speciad ben(qits to jlroper��,y iri l,hc unhanced %,,d ue thereof hy-meansofsaid
improvements in the un�t Upon v"Mch �he 1,Ku-ticukir projwrtll abu,��T, u; aswerhiuned at the hearing provided by
the law in force in the City, 1wr shaH any ws',SesFoinent be Ynade in an�,, vaso untii after notice of hearing as pro-
vided by law', Said a aanst the respeetive lo ,; and jjarcr,LS of property and owners, thereof"shall be
evidenced by eertificates of a,special asscssnlelA whIch shall be exoewxd in the name of the City of Fort Worth,
PROVIDED, however, that acting throtqvh itq duly nuthorized Diriwtor of Public Works, the City of Fort
Worth retainng the r�p,,[A to authorim payrnenr,of [,Ire;sunis vssegs',ed ag c 0?11-
1�,'Iutdng property upoll su'll c
pleted and accepted i in not rooter than forty-eighL equal regular monthly installments of not less than$9.00
each, the first of such iDSL41NDMAS tO �,,wccane due ,,knd not more (han 30 days after the completion and
accep4wee by the Cityr of the particuiar RawmIED F1TY,1,TT1E'R, that the City Attorney is hereby em-
powered to autfirnize payments of siid sinns rn lesselr;fksbifflinents otrvl/or wer a longer period of time in cases
in which the Director of Public Works hws proviowdy deLerniined that an extreme financial hardship upon the
property owner w1H otherwise resuKk and l'RM7llA,,,D FUICMER, that such method of payment shall be
authorized only in ln,,_Aances where the ovmer or owners of prop)erliy sally utting upon such completed and accepted
unit shai]lmve exetuted and delivered to the City of 1a'oH. hawful, valid qnd binding note and mechanic's
and rnater40man's contract upon roxin's suppHed by tht! CiLy grantirip
g a inechanic's lien upon and conveying
the said abutting property in ii to,secure, the payn-unit by said owner or owners nccor&ng to the terms there-
of of the sunis against such 1,.Yolwrty,
['Ire assessments against the respective lots and parcels of property v and the owners thereof shall be
evidenced by v 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 seat of the City thereon,
and which may have attached thereto coupons I it 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 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 v 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 furiber, proof shall be required in any court, and the said certificates shall provide substan-
Liall.N that if default be made in the payment of an'y installment promptly is 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 wtili reasonable attorney's fees and costs of collection, if incurred, all
of which, as well as the principal and interest on the assessment, shall he a first and prior lien against the
property. superior to all other liens and claims except State,County, School District, and City v ad valorem taxes
No error or mistake in naming any owner or in describing any property or in any y Other Matter or thing, shall
invalidate any assessment or any v certificate issued in evidence thereof, and the omission of improvements on
any particular unit or in front of any property exempt by law from tile lien of special assessment for street
improvements shall not invalidate any v 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 is required by Article 1105b of the revised Civil Statutes of Texas,
and the bid of T IS BIT=THIC COYIIPAI1Y I having been found to be the lowest
and best bid for the making and construction of said imploa nents, the contract therefore is here5Y awarded to
TZLIS BITU117.HIC (.OIAPANY I .lL ,tnit fog the prices stated in the Proposal of said
cornpanv and as reported and recommended by the Public %Voaks Department, which said report and recom-
mendation is on hie with the City.v. the City Mana,,,ev, and City SevrelAry are Hereby directed to execute the
said contract ill the inure of the Cit'v of Fort W T a s
orth, e,� , and to itnpross the corporate seal of the City
thereon. the said contract embracing, among otho� things, the prices for the %%ork.
x'11.
To provide for the payment of the indebtedness incurred lav the City v of Fort Worth, Texas, 1)'N, said
contract, there is herel)'v appropriated out of available funds �inrl cm-i,ent re\ennes of the City, an amount
sufficient to pay said indebtedness so incurred.
VIM
'I'lie improvements provided for herein shall 1110 made and con:;Iiu(ted, notice given, hearing hold and
a.�sessment levied and all proceedings taken and had in VTOVdanl'a� vv itil atld LITAPV tile terms of the powers and
provisions of Chapter 1l)6 of the Act,; of the First Called of the Foi,tiLh LeRislature of the State of
Texa-, now sho%vn as Article 11051) of Vernon's Civil Statutos, which law has been adopted as all amend-
ment to and made o part of the Charter of the City of Fort Ww th,Texas,and Under which law these proceeding-,,
are taken and IuA
Each unit above described shall be and constitute n septrz0q, and independent unit of improvement and
the assessments herein provided for shall be made, f'or the inmroven tents in each unit according to the cost
of the improvements in that unit and according to (lie lwnefit:, 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 hers 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 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.
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 Attu-y
1W `0
o.
City of Fort Worth., Texas, w.
Mayor and Council Communicatiwo#n
WE REFERENCE susiseTv Widening and Paving of Angle PAGE
NUMUR C-372 and Prairie Avenues, Units I and II, I of 2
and,1!��33r�dftr�eet unit_ill
The 1964 Capital Improvement Program, provides for the widenin.g and pavfng of
Long - 33rd Street (A-73), and Angle Avenue (A-8). These streets were
included in"'the street, iia prove ment program approved by the public 'in the 1958
bond election. Included in the Angle Avenue project, is a one-block section
of Prairie Avenue located between Long and Angle, which is required As a part
of the, Long Avenue - Angle Avenue intersection revision. Because of the
geographic proximity of the streets involved, cootbined bids were received on,
Kay 26, 1964. The 'bids are:
BJUDER MOUNT WORKING DAYS
Q
Texas Bitulithic Co. $390 626.86 200
Worth Construction Co. $398,894.39 200
The Angle and Prairie Avenue improvements include the following-
LT RE Z T MdMIS RO&DWAY winti RIkHT-OF-WAY
I Prairie Avenue Long Avenue to 40' 0'
Angle Avenue
li Angle Avenue Colunibus Avenue 45' - 60' ' - 130'
to Prairie Avenue
The Prairie Avenue improvements, including engineering, will cost $6,420.70,
of vhich amount the city will pay $3,223,40. The total cost of the Angle
Avenue project is $50,432.38, including engineering, of which amount the City
will pay $44,319.48.
The Long - 33rd Street improvements include the following:
I
IT STREET LIMITS ROADWAY WIDTH RTG11T-OF-WAY
III Long - 33rd Street N.W. 34th st. 64'
to Ellis Avenue
Ve total cost of this unit of the Long - 133rd Street, improvements, including
e gineering inspection and miscellaneous costs, will be $372,836.26, of
v�ioh amount the City will pay $335,,262.10.
E
wJ
MIX RECORD
f
[ITY SCRETARY
FL 101119, T11
LOOM
DATE REFERS NCE suaiEcn, Widening and 'Paving of Angle and PAGE
NUMSER C-372 Prairie Avenues, 'Units I and II, and" 2__
9/14/64 Street Unit 111
The following recommendations are made:
1. That ordinances be adopted;
a) Declaring the necessity for and, ordering the improvements on 'the streets
as specifted above;
b) Making provisions for the levying of assessments;
c) Directing the Public Works Department to prepare estimates of cost and
amounts proposed to be assessed;
d) Awarding a contract to Texas Bitulithic Company on its low bid of
$390,6,26.86, for the improvements in the projects named above.
2. That ordinances be adopted:
a) Approving the estimates of cost and amounts proposed to be assessed;
b) Setting October 5, 1964, as the date of the Benefit HearTng.
3. That the following Bond Transfers be approved:
AMOUNT FROM TO FOR
$37,574.16 Revolving 'Fund 042-09423-104 Property owners'
Long Avenue Exten- portion of construction
sion cost.
9,185.30 Revolving Fund 042-09422-101 Property owners'
Angle Avenue portiofi of construction
cost.
Funds are available in Project 094-23000-104 PWng-33rd Street,," and Pro ject, 994-
220,00-1,91 "Angle Avenue," for the City"A'. port,4,,an, of construction, engineering and
miscellaneous costs ,
JLB*.Chi
The following summaries are attached:
Attachment "A" - Resume of the Project and summary of the Neighborhood
Hearing.
Attachment '%" - Distribution of cost and results of Post Card, Survey.
Attachment "C" - Assessment Rolls in alphabetical order.
OFFICIAL RECORD
0111 SECRE"TARY
FT. WORTH, TEX.]
..........
SURMIED BY: DISPOSlyfN BY COUNCIL: PRO BY
APPROVED OTHER (DESCRIXE)
CITY""'
OATE
1TY MANAGER #0 404 *W %"meft bowl"*