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HomeMy WebLinkAboutOrdinance 7128 ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF LANEWOOD DRIVE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO AUSTIN ROAD COMPANY AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; MAKING APPROPRIATION$ FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PRE- PARE ESTIMATES; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLAR- ING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106; COMMONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMERGENCY EFFECTIVE MAY 12, 1967; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND EN- ROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE 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 Specifications 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, avenues and public places in the City of Fort Worth, Texas, to-wit: UNIT 1: LANEWOOD DRIVE From the south property line of Lot 14, Block A, Cooke's Meadow Addition to the north property line of Lot 40, Block B, Cooke's Meadow Addition, known and designated as Project No. 104-36000- 361, 0436000®361, Unit 1. UNIT 2: VANESSA DRIVE From 155' west of Morrison Drive to Morrison Drive, known and designated as Project, No. 104- 36000-361, Unit Z. 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.- UNIT o-wit:UNIT l: LANEWOOD DRIVE From the south property line of Lot 14, Block A, Cooke's Meadow Addition to the north property line of Lot 40, Block B, Cboke's Meadow Addition, known and designated as Project No. 104-36000-36.1, Unit 1, a five-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty foot roadway. UNIT 2: VANESSA DRIVE From 155' west of Morrison Drive to Morrison Drive, known and designated as Project No. 104-36000-361, Unit 2, a five-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty foot roadway. The above, together with concrete curbs, gutters, driveways and incidentals to such improvements, on proper grade and line where same are not already so constructed, together with storm sewers and drains and other necessary incidentals and appurtenances; 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 deducting 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 there- of and shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners there of 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 units 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 pro- perty 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%) percent 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 principal 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 immedi- ately due and payable; but it is specifically provided that no assessments 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 pro- vided by the law in force in the City, nor shall any assessment be made in any case until after notice of hearing as provided 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 shall be executed in the name of the City of Fort Worth, PROVIDED, however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorized payment of the sums assessed against abutting property upon such completed 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 empowered 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 hardship upon the property owner will otherwise result and PROVIDED FURTHER, that such method of payment 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 thereof 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 pertinent thereto, and shall further recite substantially that all pro- ceedings 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 thereof, have been regularly had, done and performed, and such re- citals 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 substantially 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 with 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 lkens 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 in- validate any assessment levied. The certificates referred to need not contain recitals in exactly the works above provided for, but the substance thereof shall suffice, and they may contain other and additional recitals pertinent thereto. VI. Rids having been advertised for as required by Article 1105b of the re- vised Civil Statutes of Texas, as amended, and the bid of Austin Road ComFany having been founT to be the lowest and best bid for the making and construction of said improvements, the contract there- fore is hereby awarded_ to Austin Road Com2any , 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 recommendation is on file with the City, the City Manager, and the 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 work. 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. VIII. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessment levied 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 known as Article 1105b of Vernon's Texas Civil Statutes, as amended, which law has been adopted as an amendment 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. 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 known 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 Rook 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 3/`� DAY OF if , 19 APPROVED AS TO FORM AND LEGALITY: 51!F0 r4oa"4001 City Attorney City ®f Fort Worth, Texas Mayor and Council Communication BAILIFF DATE REFERENCE SUBJECT: Award of Contract-Assessment PAGE GRAHAM 2/3/75 C-3012 Paving at 2 Locations in Cooke's Meadow 1 .f _ 3 At]r1i 1-inn ity Council action is requested on the assessment paving portion of Pro- ct No. 104-36000-361, as described below: Project Description Roadway R.O.W. Unit Street Limits Width-Ft. Width-Ft. 1 Lanewood Drive South P/L of Lot 14, 30 50 Blk A, Cooke's Meadow Addition to 460' North 2 Vanessa Drive 155' West of Morrison 30 50 Drive to Morrison Dr. Initiation of Project Unit 2 was initiated by Community Facilities Contract No. 8066, Cooke's Meadow Addition, Section One, as a border street to the development (M&C C-2965, 11-18-74) . On January 6, 1975, the Community Facilities Contract was amended to include the installation of water facilities in Lanewood Drive adjacent to the development (M&C C-3000) . Since that date, the Developer has requested that Lanewood Drive be improved at this time as a border street. Favorable negotiations are underway for the west half of the right-of-way. It is therefore recommended that the community facilities contract for Cooke's Meadow Addition, Section One, be further amended to improve Lanewood Drive as a border street at this time. Improvements The above streets will be improved with residential grade hot-mix asphaltic concrete pavement with concrete curb and gutter and required drainage appurtenances. Receipt of Bids Sealed bids for Cooke's Meadow Addition Street and Storm drain improve- ments, to include the border streets were received and opened on Janu- ary 16, 1975, by the Developer's, Cooke's Meadow Development Company, Inc. , after being duly advertised as required by law, with a member of the Public Works Engineering staff present. Austin Road Company was the low bidder for both interior and border street improvements. Con- tracts will be awarded by the Developer for the interior streets and the border streets are proposed to be awarded by the City. The following bids were received for the border streets: DATE REFERENCE SUBJECT: Award of Contract-AssessmentI PAGE NUMBER 2/3/75 C-3012 Paving at 2 Locations in Cooke's Meadow 2— of 3 Addition I — Bidder Amount Austin Road Company $12,537.58 S.R.O. Asphalt, Inc. 12,986.28 Southwestern Contracting Co. 15,997.35 L. Grimes & Company 16,173.44 Texas Bithlithic Company 18,116.95 Project Cost and Financing Based on the low bid and standard policy, approximately $10,030.00 is proposed to be assessed against abutting property owners, which will be provided for by a Bond Fund Transfer from the Revolving Fund Unspecified. The cost to the City for construction, inspection engineering, adminis- tration and miscellaneous expenses is estimated to be approximately $3,761.34 for which sufficient funds are available in Project Account No. 104-36000-361, Cooke's Meadow Addition, Section One. Recommendations It is recommended that: 1. The Community Facilities contract for Cooke's Meadow Addition be amended to improve Lanewood Drive as a border street at this time. 2. The following Bond Fund Transfer be approved: Amount From To Reason $10,030.00 Unspecified Assessment Paving To provide funds Revolving Fund of Lanewood Dr. & for the property 042-09724-901 Vanessa Dr. in owners share of Cooke's Meadow construction cost Addition Sec. 1 of Lanewood Dr. 042-10436-361 and Vanessa Dr. 3. An ordinance be adopted: a. Declaring the necessity for the ordering of the improvements; b. Making provisions for levying assessments; C. Directing the Public Works Department to prepare estimates of costs and amounts to be assessed; d. Awarding the contract to Austin Road Company, in the amount of $12,537.58; and e. Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above. DATE REFERENCE SUBJECT: Award of Contract-Assessment PAGE 2/3/75 NUMBER Paving at 2 Locations in Cooke's Meadow C-3012 Addition -� °fes 4. An ordinance be adopted: a. Approving the estimates of costs and amounts proposed to be assessed; and b. Setting March 3, 1975, as the date for the Benefit Hearing. RNL:en SUBMITTED BY: DISPOSITION BY NCIL: El OTHER MESCRIBE) PR ES PR VED n �_DIAC����V_ C ' CITY SECRETARY KI C_ DATE S CITY MANAGER \•1N • i x' �r zt4li l M p 3 �iysa1�5 D .ion �5ttie�;�' -�p►n.l N c . SG JG UNIT 2 14 GV 34' 16"E 514 74'VA NES S A DRIVE 5pL 2 94 7, 0 4w" Soso' '03 60 1 01 S4 w ( INGC SPREEK N 41/... ....... ms 60 4 0,s Oslo so, .0 o jo PO' O' 31 16 --- ----- so--4— ................... .............. --- dT :8 . ........... . iso mofkfk% IL__01A N $Soo 8 BRAIR s ff- ........... 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FORT WORTH, TEXAS February 3 1975 TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT WORTH, TEIVASo Gentlemen and Mrs. Rimmer: In accordance with the proceedings of your Honorable Body, I have prepared estimates of the cost of street improvements as shown below: Estimates of the total cost of improvements on a portion of Lanewood Drive and portions of sundry other streets, avenues and public places in the City of Fort Worth, Texas, and estimated amounts per front foot to be assessed against abutting property and the owners thereof, on each portion of street, avenue and public place are as follows, to-wit: PROJECT NO, 104-36000-361, UNIT 1: FROM THE SOUTH PROPERTY LINE OF LOT 14, BLOCK A. COOKE'S MEADOW ADDITION TO THE NORTH PROPERTY LINE OF LOT 402 BLOCK B COOK'S MEADOW ADDITION, to be improved by constructing a five-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty foot roadway, The following assessment rates have been established-, Five-inch hot-mix asphaltic concrete pavement. 3 9 $5.85/LeF. (Residential zoning) Seven-inch curb and eighteen-inch gutter. m g 0$2,65/L.F® The assessment5 result in the following division of cost: Total cost to property owners . . ® . ® . ® . $ 7,395A0 Total cost to City of Fort Worth. t e a a 4 Y$ 2,621.57 Total estimated construction cost, a a y $10,016,57 PROJECT NO. 104-36000-361, UNIT 2; VANESSA DRIVE FROM 155° WEST OF MORRISON DRIVE TO MORRISON DRIVE, to be improved by constructing a five-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty foot roadway. The following assessment rates have been established® Five-inch hot-mix asphaltic concrete pavement. o e . . . . . .$5.85/L.F. (Residential zoning) Seven-inch curb and eighteen-inch gutter. s e o e . o o a . . $2,65/L.F. The assessments result in the following division of costa Total cost to property owners. . a e e $29635000 Total cost to City of Fort Worth. . . . . . a . a e $1,139.77 Total estimated construction costo R a 3 o a . a $3,774,77 TOTAL, BOTH UNITS® COST TO PROPERTY OWNERS. . . . . . . . . . 6 . .$10,030,00 COST TO THE CITY OF FORT WORTH, A . . a e n $ 3,761.34 ESTIMATED CONSTRUCTION COST. e o o 0 0$13,791x34 CK M. GRAHAM, P.E. City Engineer PROJECT NO. 104-36000-361, UNIT 1, IANEWOOD DRIVE FROM SOUTH PROPERTY LINE OF LOT 14, BLOC A COOKE'S MEADOW ADDITION TO NORTH PROPERTY LINE OF LOT 40, BLOCK B cooKE T s- NEADOW ADDI- TION, to be improved by constructing a five-inch thick hot-mix asphaltic concrete pavement on a six-inch lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty foot roadway., BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT 14E S T SIDE HITS N SURVEY Jimmy A, Robards, et ux Tract 4-B 460' Pavement $5,85 $2,691,00 1958 Lanewood Drive Res, 460' Curb & Gutter 2x65 1,219,00 Ft, Worth, Texas 76112 $3,910.00 EAST SIDE COOKE'S MEADOW ADDITION Cooke's Meadow 40 B 94' Pavement $5685 $ 549.90 Development Co,, , Inc, Res , 94' Curb & Gutter 2,65 249J0 c/o J.H, Williams $ 799.00 6200 N, Central Expressway Dallas, Texas 75206 Cooke's Meadow 39 B 94' Pavement $5.85 $ 549090 Development Co,, Inc, Res, 94' Curb & Gutter 2,65 249 JO c/o J. H, Williams $ 799,00 6200 N, Central Expressway Dallas, Texas 75206 Cooke's Meadow 38 B 105' Paveme_,nt $5,85 $ 614.25 Development Co. , Inc, Res, 105' Curb & Gutter 265 278.25 c/o J, H. Williams $ 892 ,50 6200 N. Central Expressway Dallas, Texas 75206 PROJECT NO, 104-36000-361, UNIT 1, LA WOOD DRIVE, Continued; BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT EAST SIDE COOKE'S MEADOW ADDITION Carriage Lane intersects Cooke's Meadow 14 A 117' Pavement $5,85 $68445 Development Co, , Inc. Res, 117' Curb & Gutter 2®65 310„05 c/o Js Ho Williams 6200 Na Central Expressway $994,50 Dallas, Texas 75206 TOTAL COST TO PROPERTY OWNERS (UNIT 1). , « o$ 7,395800 TOTAL COST TO CITY OF FORT WORTH (UNIT 1), s e $ 2,621.57 TOTAL ESTIMATED CONSTRUCTION COST (UNIT 1) , g 3 0 $10,016.57 PROJECT N0® 104-36000-361 UNIT 2, VANESSA DRIVE FROM 155' WEST OF MORRISON DRIVE TO MORRIS ON DRIVE, to be improved by constructing a five thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty foot roadway. BLOCK OWNER LOT ZONING FRONTAGE ROTE AMOUNT ASSESSMENT NORTH SIDE BURTON PLACE ADDITION Beginning at a point 155' west of Morrison Drive Harold E� Kurtz, Jr, 38 155' Pavement $5,85 $906.75 1605 Clover Lane Res. 155' Curb & Gutter 2,65 41075 Fort Worth, Texas 76107 $1,317,50 Morrison Drive intersects SOUTH SIDE COOKE'S MEADOW ADDITION Cooke's Meadow 1 B 155' Pavement $5,85 $906.75 Development Co. , Inc. Res,, 155' Curb & Gutter 2,65 410,75 c/o J. H. Williams 6200 N. Central Expressway $1,317e50 Dallas, Texas 75206 UNIT 2; TOTAL COST TO PROPERTY OWNERS. . e . e . e - e . $2,635.00 TOTAL COST TO CITY OF FORT WORTH. . e e . e e $1,139.77 TOTAL ESTIMATED CONSTRUCTION COST . e . e e . $3,774,77 TOTAL BOTH UNITS COST TO PROPERTY OWNERS® a e e e . e , e e e e e $10,033�0.00 COST TO CITY OF FORT WORTH, e a o . a e m a a e a $ 3,7`-1,34 ESTIMATED CONSTRUCTION COST_ $13,791.34