HomeMy WebLinkAboutOrdinance 5955 ORDINANCE NO. `7_<5Al C: :"
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AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING
FOR THE IMPROVEMENT OF A PORTION OF Old Granbury Road
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO Austin Road and Worth Construction Company AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION;
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 IMPROVE-
MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH
ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE
ESTIMATES; DIRECTING THE CITY SLCRETARY TO FILE A NOTICE OF ADOPTION OF
THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING
THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET
IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SES-
SION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106; COM-
MONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED
BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMER-
GENCY EFFECTIVE MAY 12, 1967; 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 ORDINANCE IN THE APPRO-
PRIATE 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 Bpecifications 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 ex-
amined by the City Council of the City of Fort Worth, Texas , and found to be in all mat-
ters 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:
1. OLD GRANBURY ROAD: From 125 feet South of Westminster
Court South to South property line
of Old Granbury Road, known and
designated as Unit 8-A, Project No.
104-23000-103.
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:
1. OLD GRANBURY ROAD: From 125 feet South of Westminster Court
South to South property line of Old Cran-
bury Road, known and designated as Unit
8-A, Project No. 104-23000-103, a 7-inch
reinforced concrete pavement with lice
treated sub-grade on a 58 foot roadway.
� A
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 E,r3t 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
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 dale of completion and acceptance of such respective unit.
The entire amount assessed against the particular p6rcels of property shall bear
interest from the date of such completion and acceptance of the improvements on the
unit upon which the particulr property abuts at the rate of six (6%) percent per
annum, payable annually except as to interest on the first installment, which shad
be due and payable on the d.,te said installment matures -provided that any owner
shall have the right to pc,, any and all of such installment at any time before mate
ity by paying principal with i+iterest accrued to the date of payment and further
provided if default be mane 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 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 words above provided for, but the substance thereof shall
suffice, and they may contain other and additional recitals pertinent thereto.
VI.
Bids 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 and
Worth Construction Comyany having been found to be the lowest
and best bid for the making and construction of said improvements, the contract
therefore is hereby awarded to Austin Road,and worth Construction Company
, 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 in QpenderL
unit of improvement and the assessments herein provided for shall be made f :
the improvements in each unit according to the cost of the improvements in tint
unit and according to the ben?fits afising train 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 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 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 DAY OF , 19
APPROVED AS TO FORM AND LEGALITY:
City Attorney
CITY OF FORT WORTH, TEXAS
1968 CAPITAL IMPROVEMENT PROGRAM
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1969 —1971 PROJECTS
CITYCL*ii A.REI iAR
-i
FT. WORTH, TEC.
FOR'_ WORTH, TEXAS
19
TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS.
Gentlemen:
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 OLD GgANEligy
ROAD 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:
UNIT NO. 8-A: OLD GRANBURY ROAD FROM 125' SOUTH OF WESTMINSTER COURT SOUTH TO
SOUTH PROPERTY LINE OF OLD GRANBURY ROAD to be improved by constructing a 7-inch
thick reinforced concrete pavement on a 6-inch thick lime stabilized sub-grade
with 7-inch high reinforced concrete curbs and 2-foot wide gutters so that the
finished street will be 58-foot wide roadway with median strip and necessary
turn lanes.
The following assessment rates have been established:
Pavement, Curb and Gutter
(Residential Maximum) . . . . .. . . . . . . . ....$ 5.40
Seven-inch reinforced Concrete Pavement
(Commercial Zoning). . . . . . . . . . . .. . . . . ..$ 11.11
Seven-inch Curb and Two-foot Gutter. . . . . . . . .. . . . . . .. .$ 2.08
Pavement, Curb and Gutter (Industrial Zoning)
as per established Policy in regards to the
Railroad as applied throughout the other
segments of Old Granbury Road. . . . . . . . . . . . . . . . . . . . . . . .$ 2.70
UNIT 8-A, OLD GRANBURY ROAD FROM 125' SOUTH OF WESTMINSTER COURT SOUTH TO PROPERTY LINE OF
GRANBURY ROAD to be improved by constructing a 7-inch thick reinforced concrete pavement
on a 6-inch thick lime stabilized sub-grade with 7-inch high reinforced concrete curbs and
2-foot wide gutters so that the finished street will be 58-foot wide roadway with median
strip and necessary turn lanes.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
BEGINNING 125' SOUTH OF WESTMINSTER COURT SOUTH
SOUTH SIDE OF STREET WEDGWOOD ADDITION
The Essex Company 23 122-R 120' Side Lot
5280 Trail Lake Dr. Res. adjusted to
100' Pvmt. $ 3.32 $ 332.00
100' Cb. & Gut. 2.08 208.00
$ 540.00
WOLENS WAY INTERSECTS
The Essex Company 15 123-R 120' Pvmt. $11.11 $1,333.20
5280 Trail Lake Dr. Comm. 120' Cb. & Gut. 2.08 249.60
$ 1,582.80
The Essex Company 16 123-R 120' Pvmt. $11.11 $1,333.20
5280 Trail Lake Dr. Comm. 120' Cb. & Gut. 2.08 249.60
$ 1,582.80
WESTROCK DRIVE INTERSECTS
The Essex Company 11 115-R 120' Side Lot
5280 Trail Lake Dr. Res, adjusted to
100' Pvmt. $ 3.32 $ 332.00
100' Cb. & Gut. 2.08 208.00
$ 540.00
The Essex Company Tract B 115-R 200.4' Pvmt. $11.11 $2,226.44
5280 Trail Lake Dr. Comm. 200.4' Cb. & Gut. 2.08 416.83
$ 2,643.27
NORTH SIDE OF STREET J. B. MCDERMETT SURVEY
Atchinson, Topeka &Tract-2 834' adjusted to
Santa Fe Railroad Ind. 598.56' Pvmt.
14th & Jones Street Curb & Gutter $ 2.70 $1,616.11
$ 1,616.11
COST TO PROPERTY OWNERS-ASSESSMENTS $ 8,504.98
COST TO CITY OF FORT WORTH $ 74,265.68
TOTAL COST - ESTIMATED CONSTRUCTION COST $ 82,770.66
City of' Fort Worth, Texas
McMAHAN Mayor and
Council Communication
LINE
AORPHIS
DATE REFERENCE SUBJECT: Change Order - Old Granbury PAGE
GRAHAM NUMBER Road Improvements (CIP A-59 through
6/3/68 C-1246 lot 3
A-63)
e.&B.
On December 27, 1967 (M&C C-1121) , a contract for the installation of community
UILDINO facilities Wedgwood Development "L"
g p , was approved by the City Council. In
accordance with this contract, the developer agreed to pay its proportionate
share of the paving of Old Granbury Road, from 125 feet south of Westminster
Court South to the south property line in the bend of Old Granbury Road, a
distance of approximately 870 feet on the assessment basis.
A section of Old Granbury Road immediately north of the Development "L" is
currently under construction from 125 feet south of Westminster Court South,
north to Washer Avenue (Project No. 104-23000-103; CIP A-65) . The contractor,
Austin Road, Worth Construction and Charles Cohen, Inc. , was awarded this
contract for construction on November 13, 1967, (M&C C-1091) , on its low bid
of $96,428.07.
It is proposed to add to the above project by change order that portion of the
Old Granbury Road stipulated in the contract for the installation of community
facilities, Wedgwood Development "L".
Reason for Change Order
The developer requested a community facilities contract on November 20, 1967,
and requested that the City of Fort Worth proceed with the preparation of
plans and specifications for the improvement of Old Granbury Road adjacent
to Development "L". They requested that the City include this portion of
Old Granbury Road with the portion currently under contract; however, certain
storm drainage design problems prevented the completion of the plans in time
to include the southern portion of Granbury Road in the contract for the part
now under construction.
Cost of Change Order
The contractor, Austin Road Co.-Worth Construction Co. , and Charles Cohen,
Inc. , has agreed to a change order for the additional construction of the
improvements on Old Granbury Road from 125 feet south of Westminster Court
South to the south property line of Granbury Road a distance of approximately
870 feet, in the amount of $75,246.05.
The contractor has agreed to the same unit prices as the existing contract
with the exception of items relating to excavation as rock is present in
this street section and fill material will have to be hauled in by truck.
Those unit prices, which are not included in the existing contract are
comparable to or lower than recent bid prices on similar projects. In the
opinion of the Public Works Department, the proposed change order represents
a favorable price to the City.
FT. 4 T .
DATE REFERENCE SUBJECT: Change Order - Old Granbury PAGE
NUMBER Road Improvements (CIP A-59 through
6/3/68 C-1246 A-63) 2 of
3
Listed below is a detailed schedule of the contract cost as a result of the
proposed change order:
Original Contract Cost $ 96,428.07
Add: Old Granbury Road Improvements from
125 feet south of Westminster Court to a
point approximately 870 feet to the southwest. +75,246.05
Total Revised Contract Price $171,674.12
The change order and related costs can be financed by a transfer of funds
to the revolving fund for the property owner's portion of construction cost
in the amount of $8,504.98. The cost to the City-at-large will be approxi-
mately $74,265.68, including engineering and miscellaneous expenses.
Sufficient funds are available in Project Account No. 104-23000-103, Old Cran-
bury Road, to finance the City's cost for this proposed change order.
Property Owners Participation
The Essex Company (Wedgwood Enterprises) and the Santa Fe Railroad Company
are the only two owners abutting the project. Each of the abutting property
owners has agreed to pay its share of the cost of the improvements on the
same basis as would be assessed under normal paving assessment procedures,
and each of the property owners has waived in writing, all statutory
notices and the holding of a benefit hearing.
With the Community Facilities Contract, the Essex Company deposited $749.40
which is the difference between the developer's portion of the cost of
paving and the amount a single family property owner would be assessed.
Recommendations
It is recommended:
1) That this Change Order Number 1 in the amount of $75,246.05
be approved, thereby increasing the revised contract price
to $171,674.12;
2) That the working days be increased by 43 days to a total
contract time of 103 working days.
3) That the following bond fund transfer be approved:
Amount From To Purpose
$8,504.98 Revolving Fund Old Granbury Road P� #� � ' portion
042-09724-901 042-10423-1p3 0 onstruction ost.
LIFfTL.-i. . ;-.1.
►'V 1EU::-ETARY
!"V 9 , TEX.
DATE REFERENCE SUBJECT, Change Order - Old Granbury PAGE
NUMBER
6/3/68 Road Improvements (CIP A-59 through 3 of 3
C-1246
4) That an ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Ordering the Public Works Department to prepare estimates
of cost and amounts proposed to be assessed:
c) Making provisions for levying of assessments;
d) Awarding the Change Order to Austin Road and Worth Construction
and Charles Cohen, Inc. , for $75,246.05, and to increase its
contract to $171,674.12; and
e) Making appropriations to cover the indebtedness thereby
incurred for improvements to the project named above.
5) That an ordinance be adopted:
a) Approving the estimates of cost and amounts proposed to be
assessed.
6) That an ordinance be adopted levying the assessments as proposed.
:ms
ttachments:
"A" - Plat of the Project
"B" - Engineers Preliminary Assessment Rolls
QFFICLAL R "� ;D
CITY "-3E ARY
FT. WO"U ', TEX.
SUBMITTED 8Y: DISPOSITION B UNCIL: PRSSE/
Q ROVED Q OTHER (DESCRIBE)
. CITY SECRETARY
O e r • O. rpV n aV n timate DATE
o e r o. Ing ssessm nts
CITY MANAGER y /_---7-&