HomeMy WebLinkAboutOrdinance 6578ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PRQVIDING FOR
THE IMPROVEMENT OF A PORTION OF NW 32ND STREET
AND PORTIONS OF SUNDRY OTHER STREETS',
TVENUESRACT TOAND PUBLIC PLACES IN. THE CITY OF FORT WORTH, TEXAS; LETTING CON -
AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU-
TION; MAKING APPROPRIATIONS 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.
IIo
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: Nw. 32ND STREET
UNIT 2: NW. 33RD STREET
From :0Avenue
Rock Island Avenue, known and designated
as Unit 1, Project • 104-24000-224.
From 320' south of Rock Island Avenue to
Rock Island Avenue, known and designated
as Unit 2, Project No. 104-24000-224.
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 1: NW. 32ND STREET
UNIT 2: NW. 33RD STREET
From 180' south of Rock Island Avenue
to Rock Island Avenue, known and
designated as Unit 1, Project No.
104-24000-224: 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
wide roadway and by constructing six-inch
thick concrete driveways where specified.
From 320' south of Rock Island Avenue to
Rock Island, known and designated as
Unit 2, Project No. 104-24000-224: 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 forty foot roadway and by constructing
four -foot wide concrete sidewalk and six-
inch thick concrete driveways where
specified.
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 (S) 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.
N
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 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 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.
Ulf
Bids a advertised
for as required by Article 1105b of the re-
vised Civil Statutes of Texas, as amended, ri the bid of
having been found to be ihe lowest and
best l r formaking and construction -of said improvements,
there-
fore•y awarded to GLADINCORPORATED
at and for the prices stated in the Proposal
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.
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.
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.
E
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.
EM
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.
Kim
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.
me
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.
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 l DAY OF
APPROVED AS TO FORM AND LEGALITY:
00
City Attorney
City of ' Fort Worth, Texas
Mayor and Council Communication
L9mz DATE REFERENCE SUBJECT: Award of Contract - Assessment
PAGE
JOATSQry • NUMBER Paving at 2 Locations in 2
11/1/71 C-2103 Developers' Contract No. 6730 lof
DOBBS
GRAHAM Council action is requested on the project described below.
Project Description
Roadway R.O.W.
Unit Street Limits Width - Feet Feet
1 N. W. 32nd 180 Feet South of Rock 30 60
Island Avenue to Rock
Island Avenue
2 A. W. 33rd 320 Feet South of Rock 40 60
Island Avenue to Rock
Island Avenue
This project is City initiated in conjunction with Developers' Contract No. 6730.
Both units will be improved with five -inch thick hot -mix asphaltic concrete
pavement on a six-inch thick lime stabilized subgrade with seven-inch high con-
crete curb, eighteen -inch wide concrete gutter and six-inch thick concrete drive-
ways where specified.
Sidewalks
Sidewalks are included in this project on the south side of Unit 2 (Zoned
Apartment).
Submission of Bids
The following bids have been received:
Bidder AmouFit of Bid
Glade, Inc. $18,056.50
Austin Road Company 20,171.20
L. Grimes & Co., Inc. 20,540.35
Texas Bitulithic Company 26,945.00
The following contractor obtained plans but did not bid on the project:
R. W. Gibbons, Inc.
Bids Received: October 7, 1971
Working Days Allotted: 30
PXoject Cost and Financing
$ased on the low bid, approximately $8,650.45 will be assessed against the
abutting property owners. The cost to the City -at -large will be approximately
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER
11/1/71 Paving at 2 Locations in 2 2
C-2103 Developers' Contract No. 6730 of
$11,000, which includes construction, inspection engineering expenses and
miscellaneous expenses.
Recommendations
It is recommended that:
1) The following Bond Fund Transfers be approved:
Amount From To Reason
$8,650.45 Revolving Fund 2 Locations in To provide funds for
042-09724-901 Developers' Contract property owners' share
042-10424-224 in construction cost.
$11,000.00 Unspecified 2 Locations in To provide funds for City's
104-24000-901 Developers' Contract share in cost of construc-
104-24000-224 tion, inspection engineer-
ing and miscellaneous
expenses.
2) An ordinance be adopted:
a) Declaring the necessity for and ordering 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 Glade, Inc., in the amount of
$18,056.50;
e) Making appropriations to cover the indebtedness thereby
incurred for improvements of the project named above.
3) An ordinance be adopted:
a) Approving the estimates of costs and amounts proposed to
be assessed; and,
b) Setting November 29, 1971, as the date for the Benefit
Hearing.
RNL:ms
Attachments:
"A" - Resume of Project
"B" - Location Map
"C" - Engineers' Preliminary Rolls
SUBMITTED BY: DISPOSI ION Y COUNCIL: PROCI
APPROVED ElOTHER (DESCRIBE) YY
1_1__1C C.��_,r C� �'...:% ccLrITY SECRETARY
4%J DATE
rderin r'avir c ca _ %
CITY MANAGER to Oi !�eT1P.flt Hearing
FAURM-3� MLA
• •
• 1 111111 • •
CITY OF FORT WORTH
PUBLIC WORKS DERkRTMENT
ENGINEERING DIVISION
ASSESSMENT PAVING AT
2 LOCATIONS IN DEVELOPERS' CONTRACT NO, 6730
A Neighborhood Meeting was scheduled by the Engineering Division of the Public Works
Department at W. J. Turner Elementary School on October 189 1971, at 7:30 P.M., for
the Assessment Paving at 2 Locations in Developers' Contract No. 6730.
All of the owners of abutting property were notified, but none appeared at the meeting,
FORT" WORTIA, TEXAS
-- - -- -----, 19 --
TO THE HONORABLE CITY COUNCIL OF THE CMV OF FORT WORTH, TEXAS.
Gentlemen
In accordance with the proceedings of your '9lcnorable 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 NW. 32nd Street
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.
NIT lfl IPRO ECT NO. 104-24000-224, MW 32 ) STREET FROwli 180' SDUTH OF ROCK ISLAND
AVENUE TO ROCK ISLAND AVENUE, 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 and by constructing six-inch thick concrete driveways where specified,
Thefollowing assessment rates have been established:
Five -inch hot -mix asphaltic concrete pavement
(Residential zoning) Q a o 0 0 4 0 $3025/L.F.
Severn -inch curb and eighteen -inch gutter o o 5;25/L.F.
Six-inch thick concrete driveways o a, o m o 1a01/S,F,
UNIT 2, PROJECT NO. 104-24000-224, , ;;3RD STREET FROM, 320' SOUTH OF ROCK ISLA�Nry
AVEN'G'E TO ROCK ISLAND AVENUE, to be improved by constructing five -inch thick hot -
mix asphaltic concrete pavement on a six-inch thick lime stabilized znbgrade, with
seven-inch high concrete curb and eighteen -inch wide concrete gutter on a forty foot
roadway and by constructing four -foot wide concrete sidewalk and six-inch thick con-
crete driveways where specified.
The following assessment rates have been eatabli.shedo
Five -inch hot -mix asphaltic,concrete pavement
(Residential zoning) a q o 0 0 $3o25/L' F.
(Apartment zoning) o o � o a o 0 0 7a69/ .F.
Seven-inch curb and eightee-inch utter o 3.2 5/L,F,
Four -foot wide concrete sid6waik , o , , , , o , o 2x97/L.F.
Six-inch thick concrete driveways a o, o o l�l/S<Fa
The assessments result in the following division of costs:
TOTAL COST TO PROPERTY OWNERS , > > o , , a , o o $ 8,650045
TOTAL COST TO CITY OF FORT WORTH , a , , . , 4 > 11,211,70
TOTAL ESTIMATED CONSTRUCTION COST . , , o , a , , $19,862,15
PROJECT NO. 104-24000-224, UNIT 1* NW, 32ND STREET FROM 180' SOUTH OF ROCK ISLAND AVENUE
TO ROCK ISLAND AVENUE, to be improved with five -inch thick hot -mix asphaltic concrete pave-
ment 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, and by constructing six-inch
thick concrete driveways where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT
BEGINNING AT A POINT 180' SOUTH OF ROCK ISLAND AVENUE
SOUTH SIDE OF STREET ROSEN HEIGHTS ADDITION 2ND FILING
J. H. Downs, Sr. 8 187 85 Sq. Ft. Drive $1.01 85.85
3115 NW. 32nd Street Res.
J, W. Bateman, Jr. 9 187 35' Pavement
400 Bolivar St. Res. 35' Curb & Gutter
Denton, Texas 85 Sq. Ft. Drive
H. R. York 10 187 50' Pavement
316 Bailey Res. 50' Curb & Gutter
Suite 112 85 Sq. Ft, Drive
C. B. Conditt 11 187 50' Pavement
1117 N. Main Res. 50' Curb & Gutter
85 Sq. Ft. Drive
H. R. York 12 187 45' Pavement
316 Bailey Res. 45' Curb & Gutter
Suite 112 85 Sq. Ft. Drive
$3.25 $113.75
3.25 .113,75
1.01 85.85
$313.35
$3.25 $162.50
.3.25 162,50
Lol 85.85
$410.85
$3.25 $162.50
3.25 162.50
1.01 85.85
$410.85
$3.25 $146.25
3.25 146.25
1.01 85,85
$378.35
PROJECT NO. 104-24000-224, UNIT 1- X- W. 32191 STREET FROM 1800' SOUTH OF ROCY 1Sl-. ,;M A4b'EMUE
TO ROCK ISLAND AVENUE, CCNTINZIED
OWNER LOT
LOT
ROCK ISLAND AVENUE INTERSECTS
SOUTH SIDE OF STREET
L. L. Drury 2
3115 NW, 32nd St
L„ Lo Drury 3
31.15 NW—32nd 32and St
BLOCK
ZOM'INO F'Rrry 1AGE RATE AMO` NT A33ESSMNT
ROSEN 19HTS ADDITION 2ND FILING
188 45° Pavement $3,25 X1466 25
Res, , 45' Curb & O"utter 3.25
.146 a 25
$292.5O
188 126,6° Adjusted to
Res. I5° Paveme nt X3025 �243a75
75' Curb & Gutter 3 a 25 243.75
$48®,50
TO`1AL COST TO PROPERTY OWNERS (SNIT 1), , , , , ,
TOTAL COST TO CITY OF FORT WORTH (UlklXT 1) e e , ,
TOTAL EST12MA1'ED CONSTRUCTION COST, UNIT 1 , o , o
S,.29J77025
26�906e9O
PROJECT NO. 104-24000-224L
_ �NJT 2,:_ NW. 33RD -STREET FROM, 320' SOUTH OF ROCK ISLAMD -AVENUE
TO ROCK ISLAND AVENUE,, to be improved with five -inch thick hot -mix asphaltic concrete pave-
ment on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb an�i
eighteen -inch wide concrete gutter on a'forty foot roadway and by constructing four -foot
wide concrete sidewalks where specified,
ROCK ISLAND INTERSECTS
SOUTHEAST SIDE OF STREET MARINE 'HEIGHTS, ADDITION
Crites Building, Inc. 5 320' Pavement $7e69 $2,460.80
P.O. Box 1461 Apt, 320° Curb & Gutter 3,25 1,040.00
Arlington, Texas 320' Sidewalk L97 950,40
$4,451.20
TOTAL COST TO PROPERTIF OWNERS (UNIT 2) a . . . . . . . $ 6,271.20
TOTAL
COST TO CITY OF FORT WORTH
BLOCK
2) . . . .
. . 6,684.05
OWNER
LOT
ZONING
FRONTAGE RATE
AMOTUYNT A S S E S 3NT'
BEGINNING AT A
POINT 320' SOUTH
OF ROCK ISLAND Ala'.tqUE
SOUTHWEST SIDE
OF STREET
ROSEN HEIGHTS A9DITION 2ND
FILING
L. L. Drury
1
188
320' Adjusted to
3115 N -W. 33rd
St,
Res.
280' Pavement $3.25
$910.00
280° Curb & Gutter 3.25
910,00
, ql,82MO
ROCK ISLAND INTERSECTS
SOUTHEAST SIDE OF STREET MARINE 'HEIGHTS, ADDITION
Crites Building, Inc. 5 320' Pavement $7e69 $2,460.80
P.O. Box 1461 Apt, 320° Curb & Gutter 3,25 1,040.00
Arlington, Texas 320' Sidewalk L97 950,40
$4,451.20
TOTAL COST TO PROPERTIF OWNERS (UNIT 2) a . . . . . . . $ 6,271.20
TOTAL
COST TO CITY OF FORT WORTH
(UNIT
2) . . . .
. . 6,684.05
TOTAL
ESTIMATED CONSTRUCTION COST
(UNIT
2) . . . .
. . L12_2955.25
TOTAL COST TO PROPERTY OWNERS, UNITS 1 Sc 2 . . . . . . 8,650,45
TOTAL COST TO CITY OF FORT WORTH, UNITS 1 & 2
_LI,211.70
TOTAL ESTIMATED CONSTRUCTION COST, UNITS 1 & 2 0 . . . L$19_2862.15