HomeMy WebLinkAboutOrdinance 5711 L
ORI*INANCE NO._S�11
AN ORDINANCE DETERMINING THE NECESSITY,FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT OF A PORTION OF Collard Street
AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS;
LETTING CONTRACT TO R. W. Gibbids, Inc. 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 PROVISIONS 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, CHAPTER 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 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, 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, av-
enues and public places in the City of Fort Worth; Texas, to-wit:
14 Collard Street: Fromo T & P Underpass to E. Lancaster, known
and designated as Unit 1, Project 104-24000-156.
.g
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. Collard Street;' From T & P Underpass to E. Lancaster, known and
designated as Unit No. 1, Project No. 104-24000- 1
156, 7- inch hot mix asphaltic concrete pavement
on a 40 foot roadway.
The above, together with combined concrete curbs and gutters on proper grade and line where same -are not
already so constructed, together with storm sewers and drains and other necessary incidentals and appurteh-,
antes; all of said improvements to be constructed as and where shown on the'Plans and Specifications therefor:
IV.
The cost of said improvements 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-true
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 the 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 improvements after deduct-
ing the amounts herein specified to be paid by the abutting properties and 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 thereof and shall constitute a first and:prior lien upon
such properties and a personal liability of the real and true owners thereof, 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 unit shall be and become payable in five. (5) equal
installments, due respectively on or before thirty (30) days, and one (1), two (2), three (3), and.four (4)
years from the date of such completion and acceptance, and the assessments against the property abutting upon
.the remaining units shall be and become due and payable in such installments after the date of completion and
acceptance of'such respective unit. The entire amount assessed against the particular parcels of property shall
bear interest from the date of such completion and acceptance of the improvements on the unit upon'which the
particular property abuts at the rate of six (6%) per cent per annum,payable annually 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 princi-
pal with interest accrued to the date of payment, and further provided 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 upon which such default is made shall be,and become immediately due and
payable; but it is specifically provided that no assessment shall in any case.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.provided by
the law in force in the City, nor-shall.any assessment be made in any case until after notice of hearing as pro-
vided by law. Said assessments against the respective lots and_parcels of property and owners thereof shall be
evidenced by certificates'.of a special assessment which s hall be executed_in the.name of the-City of Fort Worth,
PROVIDED, however, that acting through I its duly authorized Director of Public Works, the City of Fort
Worth"retaining the right to authdrize payment of the sums assessed against abutting property upon such com-
pleted and accepted unit.in not more=than_-forty-eight equal regular monthly installments of not less,than'..$9.00
each, the first 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 FURTHER, that the City Attorney is hereby em-.
powered 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 liar dship upon the
property,owner will 'otherwise result; and PROVIDED FURTHER, that such method of payment L shall be
authorized 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 there-
. of of the sums assessed against such property-
..
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 malting of such
impi•o,-emonts liar=e 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 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 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 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.
V1,
Bids having been advertised for as required by Article 1105b of the revised Civil Statutes of Texas,
and the bid of. __R. W. Gibbins, Inc. _. haying been found to be the lowest
and best bid.for the malting and construction of said improvements, the contract therefore is hereby awarded to
R. '/ti`. Gibbins, Inc. 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 recom-
mendation is on file with the City, the City Manager, and 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 wort .
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.
Vill.
The improvements provided for herein shall be made and constructed, notice given, hearing held and
assessment leviecl 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 shown as Article 1105b of Vernon's Texas Civil Statutes, ,vhich law has been adopted as an amend-.
meInt 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.
X1.
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.
X111.
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 f ° e and effect om and after the date of its passage.
PASSED PASSED AND APPROVED THIS__.._, ___DAY OF _ 197/
APPROVED AS TO FORM AND LEGALITY:
City Attorney--------------------------
Attachment "A"
Page 1 of 2
CITY OF FORT WORTH
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISIONtf
CITY INITIATED PROGRAM , ,,r-P .{
COLLARD STREET
PROJECT N0, 104-24000-156
A Neighborhood Hearing was conducted at the City Hall in the Council Chamber
at 7:30 P.M. on January 9, 1967. The procedures concerning owner participation
° in the cost of construction, including methods and policies of determining
� ;. assessments, construction standards, and methods. of payment were explained to
the five people in attendance.
Mr. ° Griffin and Mr. Harston, representing Allied Iron Works I . ,.
Block 4- and Lots 4, 5, 6, and 7 of Block 8, asked how the new s et grade
comp ed with the present grade. They were advised that there uld be no
more th a one foot graded differential. They also wanted o know why more
bidders di of bid on City projects. They were advised the procedure of
advertising f bids, and that on this project six bi were received, Mr.
Harston stated t t it was his understanding that a City paid for inter-
section improvement n street improvement pro ts, and questioned the
assessments against Al ° d Iron Works for t portion of Collard Street
at the junction of Collar d Hampshire The staff explained to Mr. Harston
' that the junction of Collard S et Hampshire Street did not constitute
an intersection under assessment ng policy in that properties at this
junction were provided ingress nd egre to the street from both directions.
Mr. Griffin stated that he not feel tha is assessment was in line with
the anticipated enhanceme to his property in t he would lose twelve
parking spaces because ead-in parking would not be rmitted when the street
improvements were co leted. Mr. Griffin was advised t in accordance with
City policy, head- n parking was not permitted. He was fur r advised that
the Land Divisi reviewed the assessments..against each property rior to the
Benefit Hear g, and advised the Public Works Department as to whet r or not
each prop y would be benefitted in an amount greater than the recomm ed
asses ts. Mr. Griffin wanted to know who had the' authori ake polic
changes and was advised that the City Counci authority in t or
Mr. Bill Harris, representing the Meadowbrook Lanes, Block 1-A, � adaG
the purpose of the project. It was explained that the street was in need of
widening and paving, and that drainage
was a problem tle�. 7p� C4--4E.
Attachment "A"
Page 2 of 2
COLLARD STREET
PROTECT NO. 104-24000-156
Page Two
4 � ,
Mr. Bill Ru kendal , presentingLots A, 1R through 9R of Block 22-A,1!and
be advizvd,.
Lot 11, Block 11, p opert L would not, a enha ce in the 'a ount of
the assessment. He was`�"� t at the -i+ee - examine�assess-
meats and _
f ' Mr. B. Y. Story o 300 Hampshire, Lot 34, Block 1, stated that t his ay .
property would not .be enhanced by the improvements. N
f
-tee
E ECORD
ETA y
FLIWORTfl- Try
Atta' chment "B" CQLX�KW STREET MROVEMENT
Page I of 1— TO UNDERPOS. T0 EAST LANCMTER ST,
PROACT NO, 104-24000-156
PER
CENT
CONTRACTPRICE.........................................................................................................$29,652.50
ENGINEERING ..................................................................................... .................. 20965025,
ESTIMATED CONSTRUCTION COST................................................................................................................s32,617.75 10000
RESIDENTIAL FOOTAGE................................ 76 4.o
COMMERCIAL FOOTAGE.............................. 1,V8.61 96.0
.TOTAL FOOTAGE............................................ 1,,904.61 10000
RESIDENTIAL ASSESSMENT..,. ..............................$ 675.64 21.1
COMMERCIAL ASSESSMENT.................................................... 16,9256.33 .490 8
GROSS AMOUNT ASSESSED....?....................................................................................s 16 931. 1.9
.� 97 3
LESS CREDITS GRANTED.............................I...........I...................................................... 1,130039 3.5
TOTAL NET ASSESSMENT............................................................................................................................... 15 9 801.58 48.4
NET AMOUNT PAID BY CITY AT LARGE..... ......................... ....................................................................sl6,816.17 51.6
SIGNED RESULT OF POSTCARD.SURVEY�
ORIGINAL FOR 'AGAINST NO OBJECTION
TOTAL PETITION PAVING . PAVING SUBMITTED
NO. OF FRONT FEET 1,904.61 -00 676o,56 2,228.05
PER CENT 100.0 35.5 64.5
PARCELS OF PROPERTY 15 -0- 4 it
PER CENT 10000 26.7 73.3
NO. OF PROPERTY OWNERS 9
PER CENT 100. . 18.2 81.8
OWNERS LIVING ON STREET -0m 1 -0-
PER CENT 100.0 100.0
OWNERS LIVING ELSEWHERE 10 -0-
PER CENT 100.0
. 0 11
OFF 1
E U
V
f'r.
w � ,
> 9
, W C,?. K U YKENW L L S SUR
w NO / 1 /7,
Q
Al \. RAMPART Ir
Q
U
d
v
0 J
2 z
co z aa_
CE
_ _ 2 i ,>>j,_,:T ZUi.ir,ER 24000 104
_ "� --156.
m
-City Of Port Worth, Texas BROwN�
Mayor and Council Communication
DATE REFERENCE SUBJECT: Award of Contract ® Collard St. PAGE
NUMBER
-
C87 5 i of
Widening and Paving (1966 CIP, 2
L/23/67 C®87 Page 8 Item V 4)
Council action on the project described below is requested:
Nature of Work
The 1966 Capital Improvement Program (Page 8, Item IV, 4) authorized the
paving of Collard Street, from the Texas and Pacific Railway underpass to
East Lancaster Avenue, as 'a City initiated assessment paving project. The
project was specifically listed in the street improvement program approved
by the voters on October- 19, 1965. It will tie into existing permanent
paving at the railroad tracks near Vickery Boulevard, and it will improve
access to Texas Wesleyan College where Collard Street from Rosedale to
Vickery was reconstructed in 1966. Collard Street north. of the railroad
tracks is now a country-type high crown asphalt penetration street which
is narrow and badly deteriorated requiring. frequent maintenance. The prom
posed paving will have a. seven and one-half inch thickness of hot mix as-
phaltic concrete with concrete curbs and gutters for improved drainage.
The project includes the following:
Unit Street Limits Roadway Width R.O.W.
1 Collard Street T&P Underpass to E. Lancaster 40a 80'
Submission of Bids
Bidder Amount Bid Working Days
R. W. Gibbins, Inc. 0 30
S.R.O. Asphalt, Inc. 0 . � N 30
Worth Construction Company 33 3e (1� � 30
General Construction Company �t�i�9I; Cb , 30
Texas Bitulithic Company 36,� o-9 �� 30
Glade Construction Company �, � �• 30
Project Cost and Financing
Based on the low bid, approximately $15,801.58 will be assessed against
abutting property owners. The cost to the City-at-large will be approxi-
mately $16,816.17,, including engineering and miscellaneous expenses.
Recommendations
1) That the following Bond Fund Transfers be approved:
Amount From To For
;$15,801.58 Revolving Fund 042-09724-901 Property owners ' portion of..
construction cost.
16,816.17 104°24000901 104°24000-156 City's portion of construc-
Unspecified Collard Street tion, engineering, and mism
Projects cellaneous costs.
DATE,, REFERENCE SUBJECT:Award of Contract - Collard St. PAGE
NUMBER
Widening and Paving (1966 CIP,
1/23/67 0 875 Page 8 Item IV . 4) 2 °f 2
2) That an ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Making provisions for levying of assessments;
c) Directing the Public Works Department to prepare estimates of
cost and amounts to be assessed;
J d) Awarding the contract to R. W. Gibbins, Inc, on its low bid of
$29,652.50; and
e) Making appropriations to cover the indebtedness thereby incurred
for improvements- of the project named above.
3) That an ordinance be adopted:
a) Approving, the estimates of cost and amounts proposed to be
assessed; and
b) Setting February 6,, 1967, as the date of the Benefit Hearing,
JL .:lp
. Th following. summaries are attached:
Attachment "A" - Resume of the project and summary
of the Neighborhood Hearing,
Attachment "B" - Distribution of cost and results °®i�
of Post Card Survey. prjC��l
CITY or�� � ��Y
SUBMITTED BY: DISPOSITI A BY COUNCIL:
APPROVED /OTHER (DESCRIBE)
712 RY
DATE 3196?
CITY MANAGER AN 2
10000.002A City of Fort Worth, Texas �
FOR USE BY CITY MANAGER'S OFFICE
RECOMMENDED M&C COM UNICATIOH Received By Date --_L2 �
d By
Department Date Page,1 j
P PUBLIC; WORKS I 1-13-67 I of '3 Reviewei
Subject: ___
i ,�,.z :��; Cr,"'( • l rC` Financial Approval—_
�!V L —J, ( Budga! DiretlOf
COLLARD STREET 1
Approved By
City Manager
O.K. For Typing i
City Manager
i
Number
i
Council Action on the project described below is requested:
PROTECT DESCRIPTION
Nature of Work: Assessment Paving of Collard Street, as follows:
UNIT ` STREET LIMITS ROADWAY WIDTH R.O.W.
1 Collard Street T&P Underpass to 40° 80`
East Lancaster
Collard Street is a City Initiated Project designed to provide uniform permanent
i
pavement for a smooth riding surface and concrete curbs and gutters for improved i
i
i I
drainage. i
SUBMISSION OF BIDS
BIDDER AMOUNT BID WORKING DAYS
i
R. W. Gibbins, Inc. $ 29,6521.50 30
f
S.R.O. Asphalt, Inc. 31,743 i EICIAL RECORD
30
CITY SECRETARY
y
Worth Construction Company 33,374,1�Oj� WORTH,: TEX. 30
General Construction Company 33,986.50 30
Texas Bitiilithic Company 36,830.90 30
Glade Construction Company 37,947.20 30
s
•
i
Y 1 ,