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HomeMy WebLinkAboutOrdinance 8180 ORDINANCE NO 8 ~g AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF U S HIGHWAY 377 FROM MARY'S CREEK NORTHEAST TO STATE HIGHWAY 183 TN THE CITY OF FORT WORTH, TEXAS APPROVING PLANS AND SPECIFICATIONS OF THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE PAVING AND WIDENING OF THE ROAD SURFACE AND THE CONSTRUCTION OF CURBS, DRIVEWAYS AND STORM SEWERS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVE- MENTS, MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE IN- DEBTEDNESS THEREBY :INCURRED MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST THE 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 ASSESS- MENTS 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 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 SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106 COMMONLY KNOWN AS ARTICLE 11056 OF THE VERNON S CIVIL STATUTES AS AMENDED BY ACTS 1967 60TH LEGISLATURE, PAGE 365 CHAPTER 176 EMERGENCY EFFECTIVE MAY 12, 1967 AND DIRECTING THE CITY SECRETARY TO EN- GROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COM- PLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF TFII'S CITY AND PROVIDING AN EFFECTIVE DATE WHEREAS the Public Works Director of the City of Fort Worth has approved plans and specifications of the State Department of Highways and Public Transportation for the improvement 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 IrJORTH TEXAS, THAT 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 pub^ lic places in the City of Fort Worth, Texas to-wit U S HIGHWAY 377 From Mary's Creek northeast to State Highway 183, known and designated as Unit 1, Project No 021-023-178-00 III Each of the above described portions of streets avenues and public places in the City of Fort Worth Texas sha11 be improved 6y raising, grading and filling same and by constructing thereon the following to-wit U S HIGHWAY 377 From. Mary s Creek northeast to State Highway 183 a 6-inch thick concrete surface on a five-lane, 60 feet wide roadway 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 driveways in front of their property and not. exceeding nine-tenths (9/10) of the estimated cost of the remainder of such improvements, exclusive of the surface of the roadway B The State- Department of Highways and Public Transportation having heretofore agreed to pay the cost of improving and paving the surface of the roadway, 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. State Department of Highways and Public Transportation and 6y the abutting properties and the real and true owners thereof as set out herein The amounts payable by t'he 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 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 property abutting upon the remaining units shall 6e and become due and payable in such installments after the date of completion and acceptance of such respective unit The entire amount assessed aga inst the particular parcels of property shall bear interest from the date of such completion and acceptance of the im- provements 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 1nst~allment, which s(Za11 6e due and payable on the date said i'nstal1.ment matures provided that any owner shall have the right to pay ,any and all of such installment at any time before maturity by paying grin- cipal with interest accrued to the date of payment and further provided if default 6e 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 assessments shall in any case 6e made against any property or any owner thereof in excess- of the special benefits to property in the enhanced value thereof 6y means of said improvements in the unit upon which the particular property abuts, as ascertained at the hearing pro- vided 6y the law in force in the City, nor shall any assessment be made in any case unti'1 after notice of hearing as provided 6y law Said as- sessments against the respective lots and parcels of property and owners thereof shall be evidenced 6y certificates of a special assessment which shall be executed in the name of the City of Fort Worth, PROVIDED how- ever that acting through its duly authorized Director of Public t~orks the City of Fort Worth retains 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 Attor- ney is hereby empowered to authorize payments of said sums in lesser in- stallments and/or over a longer period of time in cases in which the Dir= ector of P:ubli.'c Works has previously determined that an extreme finan- cial 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 ac- cepted 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 con- vying the said abutting property in trust to secure the payment 6y said owner or owners according to the terms thereof of the sums assessed a- gainst such property V The assessments against the respective lots and parcels of prop- erty 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, andshall contain such other recitals as may be pertinent thereto and shall further recite substan- tially that all proceedings with reference to the making of such improve- ments have been regula°rly had in compliance with law and that all pre- requisites~to the fixing of the assessment lien against the property de~ scribed in said certificates and the personal liability of the owners thereof 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 shad provide substantially that if default 6e made in the payment of any in- stallment 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 at- torney'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 er- ror or mistake in naming any owner or in describing any property or in any other matter or thing, shall invalidate any assessment or any certif- icate 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 VI The State Department of Highways and Public Transportation having heretofore agreed to perform all of the work in constructing the improve- ments described herein and having determined that the portion of the cost of such work to be paid by the City and/or the abutting properties and the real and true owners thereof will be $294,300 00 and same having been ap- proved and recommended as acceptable 6y the Director of Public Works of the City of Fort Worth, the City Manager is hereby authorized to complete the execution of such agreement with the State Department of Highways and Public Transportation and to proceed with the work VII To provide for the payment of the indebtedness incurred 6y 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 suffi- cient to pay said indebtedness so incurred VIII The improvements provided for herein sha11 be made and constructed, notice given hearing held and assessment levied and all proceedings tak- en and had in accordance with and under the terms of the powers and pro- visions of Chapter 106 of the Acts of the First Ca11ed Session of the 40th Legislature of the State of Texas, now known as Article 11056 of Vernon's Texas Civil Statutes as amended which law has been adopted as an amend- ment to and made a part of the Charter of tfie 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 6e 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 sha71 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 own- er but the real and true owners of the property mentioned s}ia11 6e lia- ble 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 Legislature of the State of Texas of said Session of the Legislature, year 1930 and now known as Article utes Fifth Called Session of the 41st and shown as Chapter 21 of the Acts said Act having been passed in the 1220a of 1lernon's Texas Civil Stat- 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 6y filing the complete ordinance in the appropriate Ordi- nance 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 APPROVED AS TO FORM AND LEGALITY ~~ /~?~ City Attorney OF -~~. 19~ ..~; ~~~ fit ® ~o~t ~®rth, ~e.~as -DATE REFERENCE SUBJECT Establishment of Hearing Date for PAGE NUMBER *~C-52 Assessment Paving-[T S Highway 377 from 9/z3/~o ~4 ~ of 2__._ __ _ arv s creek Northeast to State Highway 1 3 City Council action is requested on Project No 021-023-178-00 as described below Street Limits Roadway Width-Feet ROW Width-Feet U S Highway 377 Mary s Creek 60 100 Northeast to State Highway 183 (Traffic Circle Origin of Protect On August 26 1980 (M&C C-5237) the City of Fort Worth entered into an agree- ment with the State Department and Public Transportation wherein the SDHPT lias agreed to improve or have improved subject roadway and pay for the cost of widening and paving the surface of the roadway the City will pay for the cost of curbs, gutters driveways and storm sewers with a portion of the City s cost to be assessed against the owners of abutting property Assessments will be for concrete curb and driveway approaches where none presently exist Improvements U S Highway 377 is approximately 44 wide with an asphalt surface on a concrete base with approximately two_thirds of the abutting property having concrete curb and gutter and driveway approaches Present improvements will include repair and widening of the existing base and constructing a new 6 thick concrete surface the width and length of the project Also included will be new superimposed concrete curb and driveway approaches as well as required drainage facilities Recipt of Bids Bids on the project were received on September 9 1980 by the State Department of Highways and Public Transportation and the low bid was submitted by J A Tobin Construction Company in the amount of $4 298 577 50 of which $294 300 is the City s share and $68 700 is the City of Benbrook s share The contrac- tor will have 390 working days in which to complete the project Project Cost and Financing Based on the low bid and the City s standard policy approximately $30 783 72 is proposed to be assessed against adjacent properties for nonexisting curb and driveway approaches Funding for the property owner s share of construction cost will be provided by a bond fund transfer from the Revolving Fund Unspecified The City s entire portion of construction cost ($294 300 00) was paid to the State per M&C C-5237 dated August 26 1980 Recommendations It is recommended that 1 The following bond fund transfer be approved ~. ..~ DATE NUMBER CE suB~ECr Establishment of Hearing Date for PAGE 9/?3/Qn **C-52Q4 Assessment Pavin U S Hi hwa 377 from _ g- g Y 2 2 of From To Amount Reason 094-009-901-00 094-023-178-00 $30 783 72 To provide funds for Revolving Fund U S Highway 377 the property owner s Unspecified Mary s Creek NE share of construction to SH 183 cost 2 That an ordinance be adopted a) Declaring the necessity for and ordering the improvements b) Making provisions for levying the assessments c) Directing the Public Works Department to prepare estimates of costs and amounts proposed to be assessed d) Authorizing the City Manager to execute an agreement with the State Department of Highways and Public Transportation whereby the City agrees to pay $294 300 in accordance with the agreement approved on August 26 1980 (M&C C-5237) and 3 That an ordinance be adopted a) Approving the estimates of cost and total amounts proposed to be assessed and b) Setting October 21 1980 as the date of the Benefit Hearing VS cz Attachment APPROVED 8Y CITY COUNCIL ~r~~ ecXetary of the alY ~'axk Wo~W~ Taxetq SUBMITTED FOR THE CITY MANAGER'S OFFICE BY DISPOSITION BY COUNCIL: PROCESSED BY Q APPROVED ORIGINATING ~. (DESCRIBE) $ OTHE DEPARTMENT HEAD• Kelth A SmithAdO fed 0 / d NO Q ~~ V DeC~C~r~n CITY SECRETARY FOR ADDITIONAL INFORMATION Necess ty & Orderin i provements, coNTACr John L Jones, ext 7901 Ado to Ord No Settl n DATE uct ~~, 1980 as date-of Benefit Hearing