HomeMy WebLinkAboutOrdinance 5747 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT OF A PORTION OF, dIGIITII A-VELUE 41DE� ING
AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS;
LETTING CONTRACT TO.. L�ITL __ __ _ - FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS
EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBT-
EDNESS THEREBY INCURRED; MAKING 1111OVISIONS FOR THE LEVYING OF ASSESS-
MENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART
OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CER-
TIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS
DIRECTOR OF THE CITY TO PREPARE ESTIMATES; DIRECTING THE CITY SECRETARY
TO FILE A NOTICE OF ADOPTION OF THIS 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 CALLED SESSION OF THE FORTIETH LEG-
ISLATURE OF THE STATE OF TEXAS, CHArrER 106, COMMONLY KNOWN AS ARTICLE
1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY
TO ENGROSS AND ENROLL THIS ORDINANCIE 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 descrfl)ed 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, l,'OW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF "I"HE CITY OF FORT WORTH, TEXAS, THAT:
I.
The hereinafter described Plans and Specificatimis are hereby approved and adopted.
II.
There exists public necessity for the improvement of the hereinafter described portions of streets, av-
enues and public places in the City of Fort Vb'or1h, 'rexa's, tow'it:
1. ZICT'rl ;.f,;GJca. From the i',,'o •th lime of t. tichmond to
the J(::rth line of iIennsylvwiia, kncv�n
and desimated as Urits 4 an(J b,
3 1
i,rcject Diu. 094-23t 00-110, Coriti-act 3.
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:
LIMA AVENUE: From the North line of W. Richmond to tho
North line of Pennsylvania, knoym and
designatcd as Lnits 4 and 5, Project a.
094-23000-110, Contract 3, a 2 inch
15OUix Asphaltic Concrete Surface on a
61 inch Reinforced Concrete Me an a
40 to 6' foot roadvay.
The above,together wvah wralairar rd atoara^a°u,te curbs and i lLwEflmm on luuea'py °mde and line where same are not
already so uonrskuuded, taupau.,Mm with „sW,errm semom and drahan, and, other necessary incidentals and appurten-
ances; all of said improveu(wn'ts to k con,drauaural aus and where wuPtrrwn ors the i°'lans srul :Specifications therefor.
1V
The +^aruif oC sauW imp nw+u n rats ns he min in wia 8uwaa d w lmH K paM Ar as 'fc`aiWwq 'tai-me,
A, The proy)er°t.y ahuniting on P.1uu t pauwrt,tam of the s0s, ,nnn ue ow puufnlic place and the, rewal and true
owners thcumW shank paaay all of the a:aast of curbs and gu0:u.a,i in fu•o nt of their pn)pauty oxwi not excee&ng nine-
tenths (Eon(itlius) of the e,i.inna'tued (;. .uut of Ilse r°a rnaainda r d suuu.°h ihVrru:wwrr,uerAsn
B. The C y of Art WaAh WWI yy aH of Me rs m aardaur of the vast,of said improvements after deduct-
ing the arnoun'W hu ian rupee°.ubd N"*pA d by &;lyre WwUrng Ira•wapua s^0ur a ,u.,ml E he real and 'true owners thereof as
set out in subsection d.
The amouunda parplale by Ella ,uluustfurug par+spas rN s sari Mee ra aw and true owners thereof shall be assessed
against such propuarUcz aami the real nnif true uw ua.ws th"wif and AaH acrostftute a first and prior lien upon
such pr°ogmAks and au pwenowd Sival,Hty or the oval and true o"morn thereof, and shall be payable, to-wit:
When the umpuroveunenta are caurrupwWekd "dl amu*p)Led by the (,ity on a partioilar unit,the sums assessed
` p I h s d ne payable in live (5) equal
against aeraa�nap;y aVanu0r,u4aa Nu a�rru, ulo?r nrrwsu� ilawdawd uuuel uua�e�ep�6oul uuunmL�ahua„(I Waaa unread R:uer°u.uu
installments due uespoa^etuwa:lpr area or heart( f hir'tp (gab) el up s„ and one (d) two (2)„ 0,)reew (d), and four (4)
years from,the date sad suuo h vmyeWn wA aye C'"t,uuteo aml Me e au,.uea rmnN,app Brost tpae p°mperty abutting upon
Me remariruing* units shall he unuMtl pwaa,awurne due and paaa”ble in such inst ilnieoats after the date of completion and
acceptance of much regsesc Hve uur,ril."i"V a=;utAv aursraund ,ame od aag,,anrM., tho pwaa'r°tiuulaar pa.rcelas of property shall
bear interest from the da[v of suu+ a..wr'np4,'tk)n nud aaa ceepvfuuwaa of th r improvements on the unit upon which the
parQuIr pz°"eily abuts at the a ufp of ,u.0 (61) j*r a;aau t p,w r uaanaim nu,payable annually except as to interest on
the first hu.lrullme nh ua hMi,Nr shall Ewe,due and puuu;,m%on Ow a°duute .add Insl,sll ne nt matures, provided that any
owner shuaid have the n upph t to paU carry rave+i all rat s"h nruwal utlruwnt at any tuuce hwo*rore nnatur•fty by paying princi-
pal with interest rweruw=:d has the edaate of p.aprwnt, wnd f urk*r pauo O de+rid alt default be made in the payment of
any instahlrasu nt pr(anfAY as We wme m aWr q tits n s9; !lava urghen of Me City of;Fort Worth or its assigns,the
entire amount of the assessment which „"eh dclaayulk F N n uode shill lea aaW become imrnediately due and
payabler huut it ms spAMAHy pin ided that im as„a.sNuaaent Am fl in any case be made ag,ai.nst any property or
any owner theareaid in excess of the eppec'W lar.nefits to prn°arp e W 'V the «anlmnced vaaWe the.r+aadt:` by means of said
improvcrenentus in the unit also ws°hidi the puzarrt:acuWr puruVeu• y Auk, as as a daked at the hearing provided by
the haw in force in the CU , nu sh al'f miy am ,asua,aaa he made in any cam until after noLice of hearing as pro-
vided by pave Sivid a sessi cents against the renpw,n tk"e; karts rwurd p ur,a i•n of property and Owners therleof shall be
evidenced by aertifsw,.ttes o>I a gwehd a awn.,uruernt whuuwh shall No euaa snake^c'd in the,nzarne of the City of fort Worth,
PROVfffhlli, itowe`er„ that acting through uts dully aoatlyeri rna d gnaw*water° of Public Works, the Gity of Fort
Worth rdM nhg tine right to au:ut:6roauAze pa„errmd of the e;e rns wamwd anaaaimst arlruLl asp„ In'oprerty au mn suck com-
pleted and accepted urdt in uuay0, ttr on, thmn A t,y0oa a n'puu,al reg,ul ur rsurou°stMy bstalinrents of not less than$9.00
each, the Amt of crush a ruuak,<uldnr„ent,, tai dwee,wme &e anal p.ayahk not rnoie than dih clays after the completion and
acceptance by tubs 04 or me pwtuaru'Ur^ uauuik; liaRr"p"'6h°ED pe"tA"I°Ii10f1 tAt, Se Qty Attoumay I hueby em-
powerNi to auuthor°dze paayineunnt;s of eMd m ms 4 h »wr I.ul.ua,lkuaatntsu and/or ovf,rr° as longer perr°od of One in cases
in which property� the Direcb.)r
wrll otditeuuKearIm uRl hand PROVIDED uestll raNNn�"p�ium,uuia tt ratcia mo�dth wderof payment shall'thre
be
authorized on, in iu°nauhamTs wwhrem Ile ow near or owaurus of p mp°uer ty abutting up on much completed and accepted
unit shall have ex eu^ut.e d and idWivee°ed to the City of Fort Worth a lauwfu'l,valir:,l,and Mnding nr,.W and me6anic's
and the said ,aNauaPutir�ur,swuWedydin upwi rust to sumAed by
m y,i�tpae�at bywsaahl owner or °rmnm saacs�rrHAi upuo and t aaas there-
of p •dirup;�to the 9e.a°,rns there-
of of the sums aaa ue sssed against slich pr ,oprert:pr.
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 Cite 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 tirne 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 he 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 sloall provide substan-
tially that if default be made in the pravment of anp instaallr�a ent promptly as the same matures, then, at the
option of the City of Fort Worth, or its assign,,;, the entire amount of the assessment shall be and become
immediately 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 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 anv property exempt by law from 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.
A T.
Bids havinz been advertised for as required by Article 11.051) of the revised Civil Statutes of Texas,
and the laid of Texas B5 t.uli. iric Co a;any haying been found to be the lowest
and best bid for the malting and construction of said impaove?nwnts, the contract therefore is hereby awarded to
Tcixas Littali.tlAc Couip:anry , aat and for the prices stated in the Proposal of said
company and as reported and recommended 1),v the PulJir Wor•las Department, which said report and recom-
mendation is on file xvith the City, the Cite Mamtger. rar(i City Secretm v are hereby directed to execute the
said contract in the name of the City of Fort 'Worth,Texas, and to impress 'tire corporate seal of the City
thereon, the said contract emhracing, among othor thin the irr'ice for the cork.
1 qL
To provide for the payment of the indOAt rines., im urraed i)v the City of Fort Worth, Texas, by said
contract, there is herehv appropriated out of available funds and current retienues of the City, an amount
sufficient to pay said indebtedness so incurred.
The improvements provided for herein shidi tw m,r de anal constructed, notice given, hearing held and
assessment levied and all proceedings talon nand !gad in abcra,rilaoco vOh smd under th(a terms of the powers and
provisions of Chapter 106 of the Acts of the First Call al of the Fortreth l.cgr,laltwv of the State of
Texas. nova shoran as Article 11051) of Vernon'- Texa, t n it S,LJute.,, whi+k taw lw;M been adopted as an amend-
ment to and made a Dart of the Charter of that City of Fort V''a`orth,Texas,tared under which law t.hesc proceedings
are taken and load.
Each unit above described shall be and con:;titute a separate and independent unit of improvement and
the assessments herein provided for shall be made forr, the iminnnyement, in each unit according to the cost
of the improvements in that unit and according to the henofits 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, anal
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.
X11.
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,
X1I1,
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.
X1v.
This ordinance shall take effect and be in full force and effect from and after the date of its passage.
PASSED AND APPROVED THIS '11_3,1f1&, DAY OF-_
APPROVED AS TO FO=Ri,1 AND LEGALiT)"
City AtLorne9
it o ' Fart arch Texas
iN;atmo�ra�uwGU.a;.c.
sa�narusmt
Mayor and Council Communication
luo�umu�uuos
DATE REFEREN aaCE SUBJECT: A� rd of Contract - Eighth PAGE k RDY
NUMBEit Avenue Widening and Paving 3/13/67 - � of � �, cvraewu
;EC)
Council action on the project described below is requested :
Project Description
Nktnre of Work: Widening and paving of Eighth Avenue from West Richmond
to Pennsylvania Avenue. This project emmpletes the improvement of Eighth,
Avenue-Cleburne Road-Vh arty. Street Major Thorouagbfare System which was
authorized and funded by the voters in the 1958 and 1965 bond elections.
Upon completion of this section, new paving will extend from Onns l °dnia
to Highway 1-820.
Project plans for the widening and improvement of Eighth Avenue are as
follows:
load wa',"
Minim Street 1.iu�ma;its Width R-O.W.
Section 1 , Unit IV Eighth Avenue W. Richmond to 60 feet 80-90 feet
HAgnolia
Section 2, Unit IV Eighth Avenue hagnolia to Worth 60 feet: 70-80 feet
Unit V Eighth Avenue Worth to Pearrasyl dad feet: '-70 feat
v"a:nia
Submission of Bids �t
Bidde s;au n t fi t
, '1 Wi din
la s ma
J , cf Texas Bital ittic Company $2 i ,( 51 .5
Worth Construction Company 276,570.11 V
uu 9
P t °ect t aid Fi,nancAn a�.�
Ba, s,e on the low bid, approximately $55,6 2. "2 wi.11, data assessed against
abutting property, owners. The cost.: to the City-at-large will be approxi-
mately $208,254.43, including engineering and miscellaneous expenses.
Funds for the property owners ' share of the paving costs is can be provided
by a transfer frcta;ou the lteaaol,viari, l°'raaad. Funds are available in Project
094-23000-110 Aig'hth Avenue Widening and Improvements" for the City's
portion of construction, engine�ering and, miscell.araeons costs.
R,er,c ormmea,ad at l.o ras.
It is recommended
1) That the fol,lawing lmoraal fund transfer be approved
Amaaoa„mat l ruana l°0 gor
$55,692.22 Revolving Fund Eighth Avenue Widen- Property owners'
042-09724-901 i"ng 042-09423-110 share of construc-
tion costs
� 0 DATE LNu ERENCE SSABJECT: Award of Contract - Eighth PAGE
3/13f67
Avenue Widening and Paving 2
�..C:-909�mm
2) That an ordinance be adopted:
a) Declaring the necessity for and ordering the improvements to the
street as specified 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 the contract to Texas Bituiithic Company on its low
bid of $239,951.50 for improvements in the project herein
described; and,
,e) Making appropriations to cover the indebtedness thereby incurred.
3) That an ordinance be adopted:
a) Approving the dsti rotes and amounts proposed to be assessed, and,
b) Setting Ma,rch 27, 1967, as the date of the Benefit Rearing.
JB:ms
e following summaries, are attached :
"A"' - Resume of the Project
"B" - Distribution of cost and results of Post turd Survey,
r�
5U8M1TTED 8Y DISPOSITION BY COUNCIL: � Z .
"'APPRClVED OTHER (DESCRIBE)
,µ"^w " u�ur 61= " CITY SECRET Y
DATE
. � " :� :.„. F
CITY MANAGER � � �° � � AP m 3
0
�0 4`0