HomeMy WebLinkAboutOrdinance 5349 ORDINANCF',' NO. 19
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT` OF A PORTION OF Macidox Avenue
AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE crry OF FORT WORTH, TEXAS;
LETTING CONTRACT TO—_ R. i,i. 15ibbins, Inc.
FOR THE
MAKING AND CONSTRUCTION OF SlICH IMPROVEMENTS AND AUTHORIZING ITS
EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBT-
EDNESS THEREBY INCURRED; MAKING� PROVISIONS FOR THE LEVYING OF ASSESS-
MENTS AGAINST ABUTTING PROPERTI]ES AND THE OWNERS THEREOF FOR A PART
OF THE COST OF SUCH IMPROVEMENT'S AND THE 1,RS'UANCE OF ASSIGNABLE CER-
TIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIREC'11NGTILE PUBLIC WORKS
DIRECTOR OF THE CITY TO PREPARE ESTIMATM DIRECTINGTHE CITY SECRETARY
TO FILE A NOTICE OF ADOPTION OFTHIS ONDINANCE WITH THE COUNTY CLERK OF
TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSE-
QUENT PROCEEDINGS RELATING TO SAID STREET ENIPROVEM ENT ARE AND SHALL
BE PURSUANT TO THE ACT OF THE FIRST CA LLRD SESSION OF THE FORTIETH LEG-
ISLATURE OF THE STATE OF TEXAS, CHArTmi. 106, COMMONLY KNOWN AS ARTICLE
1105b OF VERNON'S TEXAS CIVIL STATUTES, AND DIRECTING THE CITY SECRETARY
TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN
THE MINUTE BOOKS OF THE CITY COUN(il, AND BY FILING THE COMPLETE ORDI-
NANCE IN THE APPROPRIATE ORDINANCE RECORDS OFTHIS CITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Public Works Director for the City o1" 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 b(Nm examined, J'�y the 0ty Council of the City of Fort Worth,
Texas, and found to be in all matters and thrngs proper, NOW '1711EPEFORE:
BE IT ORDAINED BY THE CITY COUNCR, OF Tllf°,' (TTY OF Fmz'r WORTH, TEXAS, THAT:
L
The hereinafter described Plans and rwe 1-wrebyappyoved and adopted.
IL
There exists a public necessity for thn of the hernimafteu, dc,,cribed portions of streets, av-
enues and public places in the City of Fort \'t'cwth, Texas, towt�
1. Maddox Avenue: From ,{iverside D±ive to 1,1itchell Boulevard,
known and designated -s Ltift No. i.
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:
Mati.�ox Avenue: From i�iverside Drive to 1t4itchell 3oulevard,
known and designated as Lnit No. 1, a 7-1-inch
hot-snix asiA'ialtic concrete pavement on a
44-foot rcad'oay.
The above together ties with corabi ne d eonerete curbs and itrl���"s�as p.�p �uk'„r° rra . y where same are not
f»� prwpppa^ p de and line
already so cornsAuc�trt�art�, turtwetlw T wlbh stornn sew,Y r4a and other necessary incd&nWs and appurten-
ances; all of said impr°rpymnaenW to be emn.ntru,uded as and where shown on the dans and Specifications therefor.
IV.
The coat, of mWd imprivuruiarr s as ran.u:°l dlmflneut, ashaullbe paid for as follows, to-writ:
re prolurr&y abutting on4tu�aa p„r,,atiauazp oftrue stinmtl;,
avenue or public place and the real and true
owners thereof sluaall pay nil of the cost of eiur m and guttem in front of their property and not exceeding nine-
tenths (9AOths) of this ea Urnaterd cost of the renmi nder of. such in,,praasensawnuts,
B. The C y of Fm,t "ti"w"orth shall pair all of Um r�r:��amaiuuri6"of the cost of saraui improvements after deduct-
ing
t i�ou nec.4lrruri,h
we:.7puaaa^dfgr<'d 5 be liana? lry thesab ui:l„tn g lai�art�ur�,ar les a�su.nnd the weal and true miners thereof as
seout ln
,p,"he amounts paa:y'`aapuW by ne aubru:uS,t ng laa°rstaa.a°1rem and We meal and true owners there(,4'shall be assessed
against such prop er f,ins and the rmd and dtt°tui^ ownus Qwewat" and mh all constitute a first and prior lien upon
such properties and a piw;morud ttaakniHLy of the real and true owwirrrn th a°wmf, and WaN be payable, to-wit:
When tinier imp arov merit:, are r°wrrrnMeul. d and Quo aspr4 d by the t.'ity mi ca paartkuaNr aunj the,sums assessed
against property slhuuP f,Ng uuprsan aia<ha maa#eWd arra[ °ar°iquta.nd undh asttall be and become payable an five (5) equal
installments, due ra ,puaretrwely onwr d')ofo o 01'irt (tht) a,Jays, and one (1), two (2)), three (3), and four (4)
years from the date 1 auawn b owaxttnpsfo-wthn w id a anmt<aauca-, and Me against the property abutting upon
the remaining units And be and Immme due 'and p u wwebnla iin sAiichi ini atiallnuw rets atter the date of completion and
acceptance of such }esp,ea.(.0 wa e¢nil fl`tie u>uiti t a anw= ,amw.mW ag atnst Lhe pa i.1t cnuhu, parcels of property shall
bear interest f'roin the ckde or' such cornpietion "Mid of the la°r`bprrovmements on the urk upon which the
particular property Ads at the rate orf” six (6%) Iner cenL per annum,m pwaiv,able annually except as to interest on
the first insWUnnseceat„ ww hid; „tuao.Il lir ducand payable cin, the okit r sand , nstuallmerrt, matures, provided that any
owner shall have the i°t,yl t U) paany ;any awl Hall:aaf 2araa h rirsul aullunuww;,ata at aarW tow haifwnre matcexiH, by paying princi-
pal with intereA aawurorau,a% tcs RM Matt;", (if gqryrn'wart, and 1`tuwthr prwrwrhed if ciefault be made in the payment of
any installment prauraullrf.l, no w,lwto esmm rcawt,ai.n°war;, then s.t the cyia:,on anti"'Me CRy of Fort Worth or its assigns,the
entire amount of the ram.,o,naarant,nW¢n mwinkh such a4:rl"auull is nnwde sh: .all auid become immediately due and
anyabler:;r_ra thereof pl in;! ally prodded that no u a .arun rt iii tnna'
hmil cue be manede aprainst auita property or
cen of the special kni..iallta to lrr`dwh ro, in the enhanced vaahw:: there(.S by unnerans of said
improvements in the uunndV upon n whuchu the p>artkual ar p i r,,paw a tv aMat as ,aa w n n dtarned at the hearing provided ),,y
Me law hi for a'r lei the Ot,,y, nor.iha+ll e.ray ar,.,m°,cen mA be urmde in any a1mw,unW after notice of hearing as pro-
vided by 'Naw. Said, aptaainst tfiw respecfl"'e letrn and p arn°Os of pxsuapaarr-t.y and owners thereof slraal'l be
evidenced by certificates teas o1 ti spv'w.i,al aassc"Ssic n'ita a%'hc h s ladn be exxa ,cute d in Meir name of the City of Fort Worth,
PROVIDED, however,, t'hal actirup„ through it's duly aatutliwyurraol hrircctor° of Public Works, the City of Fort
Worth retaining the rupr,ht to°anuatluauinze paanwrrsw^mt of lila sunis as.,t'easi.l .nh,.asrnwt A,nru'k,tibg pomperty up ri smh mm-
Meted and accepted asrrn"ea ruwot mam tMn frAy..a jhJ a,p.uanl regular tnonnLMyr i nstaulln�rentssof not less than$9.00
each, the forst of such irastwsllino-anhs to become due and payable iiwua& neorre then 110 days after the completion and
ameptsan'ree by the Cly of the part,icWaar au&t:, h,"'td.OdpYdlilih that the R itgy Attorney is hereby ern-
powered to authoOze paaynwn'hrs of sa ail sums in lesserJesser ruuMARmentas <nwVor over is to ger period of time in cases
in which the Director of Public Works has 1provioauusly adetorrrrinewd that an extreme flnaniaa,al hardship upon the
property owner will cutd,wrww& rwsul4 ami ]fwitrh'"dlDED FURTHER, Att such method of payment shall be
authorind onlay' in hwh,aariies where, the otiwrnsnn or owners of pruaap erty sabutthnga upon such completed and accepted
unit Shall haase executed and deliw eral to the City of Forint, Worth as lawfnal, vaalid and binding note and mechanic's
and mater~ia'l�maanas contract upon forniras suupzpalied by to City g,,naanating as mea;hanlc's lien upon and conveying
Me said walareattt:rng paropedyr in gmst to secure the pwanymmA Q Ad ownru or owners according to the terms there-
of of the sums assessed ang;airnst srueh pprropwety.
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 pertin-
ent thereto, and shall further recite substantially that all proceedings with reference to the making of such
improNements 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 payment of any installment promptly as the same matures, then, at the
option of the City of Fort Worth, or its assi.-ns, 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 any property exempt I)Y 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.
Bids having been advertised for as required by Article 11051) of the revised Civil Statutes of Texas,
and the bid of R. YPl. Gib?.gins, Inc. , having been found to be the lowest
and best bid for the making and construction of said improa-ements, the contract therefore is hereby awarded to
R. W. Gibbins, Inc. , tat and for the prices stated in the Proposal of said
company and as reported and recommended by the Puhlic Wnrlis Department, which said report and recom-
mendation is on file with the City, the City :11ama,,er„ and City Secrco'(m,.Y are hereby directed to execute the
said contract in the name of the City of Fort Worth. Texa,, and to impress, the corporate seal of the City
thereon, the said contract embracing, among other things,the price;: for the work.
VIL
To provide for the payment of the indehtednes.�: incurred ba the Citi of Fort Worth, Texas, by said
contract, there is hereby appropriated out of avmfnble funds and current revenues of the City, an amount
sufficient to pay said indehtedness so incurred.
V 11l'.
The improvements provided for herein ,��ii dl ho maado ,anal conto rm ted, notice given, hearing- held and �
assessment levied and all proceedings taken and had in a,rw gl;mce., with and under the terms of the powers and
provisions of Chapter 1()C, of the Acts of the First CnHP(i ,rs,�ion of the Fortioth legislature Of the State of
Texas. now shoran as Article 11051) of Vernon'.^,Texas Civil Stai'lutr,, whir1a law has been adopted as an amend-
ment to and made a part of the Charter of the City of"Fort Worth,Texas,and cmdei which law these proceedings,
are taken and find.
Ix.
Each unit above described shall he and constitute a 'separate and independent unit of improvement and
the assessments herein provided for shall be made for the imuroaernerrts in each unit according to the cost
of the improvements in that unit and according to the benefit, <u-ising 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 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 fill force and effect fron and after the date of its passage.
PASSED AND APPROVED THIS w DAY OF__. a. 1q_&A_.
APPROVED AS TO FORM AND LECALi Y:
City Ate,,n y... .. .. ..... ._ .......
4, City Fort Worth Texas
Mayor and Council Communication
bawre R ENce usip : Widening and Paving - Maddox PAGE
wuee4-5-65 fa Avenue
Council action:n on the project described below is requested:
Project Aesc i tion
Nature of work: Widening and Paving of Maddax Avenue as follows:
hit Bet limits sdwa idtl p
1; Maddox Avenue riverside Drive to Mitchell 44' 60'
The widening and paving of Maddox Avenue between rivers ,de Drive anA Mitchell.
Boulevard is scheduled in the 1965 Capital Improvement Program. Bonds Weare
approved by voters in 1958 for improvement of Maddox Avenue. Unit 2 of the
overall Maddox Avenue project,; from Riverside give to the North-South Freeway,
will be financed from a fixture bond allocation.
Bidder IM2yt of Bid Vorking Days,
R. W. Gibbins, Inc. $74,872_.95 75'
S. R. 0. ,Asphalt, Inc.-Arlington 79,365.25 75
Glade, Inc. 79,888.85 78
W. B. Brittain, ;inc 81,556.55 7
Texas Bitulithic Co. 82,502,.40 7
Genesi. Construction Co. ;3,142.10 7
Project Grist and f nnnci
Based on the low bid, approximately $25,,384 will be assessed against
shutting' property owners. The cost to the City-at-large will be
approximately $56,975, including engineering and miscellaneous expenses.
ec endstiona
It is recommended that:
1 The following bond fund transfer be approved:
LSA
MUM
A Tx
Hausa 'Widning and paving ,. 'Maddox PAGE
4-5-65
C-479 Avenue 2.'a -2—
$25,384.41 Revolving Fund 042-09422-117 Property owners' portion
Maddox Avenue; of construction..
Funds are available in Project 094-22000-117 Naddox avenue'' to finance
the City's portion of the costs.
2. tat an ordinance be adapted:
a. Declaring the necessity for and ordering the improvements;
tq-proIns for levying ing of &0eat Menti;
c. Ordering the Public Works Department to prepare estimates of
cost and amounts proposed to be assessed,
d. Awarding the contract to R. W. Gibbins, Inc., on its log bid
of X74,872.95; and,
e. Making appropriations to cover the indebtedness thereby incurred
for improvements to the project named above.
8That an ordinance be adopted ;
a. Approving the estimates of cost and amounts proposed to be
assessed; ,and,
b. Setting April 26, 1965, as the date of the Benefit Hearing.
l
II
JL sb
The following summaries are attached:
Resume of the paving project
Distribution of cost and assessments, and
result of poet card survey
Assessment t rolls in alphabetical order
SUSIMITTED BY: 01SPOUTI, INBYCOUNCIL: PROCESSED BY
V Hs (ossCRIar)
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