HomeMy WebLinkAboutOrdinance 7358 ORDINANCE N0. ,j
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
E IMPROVEMENT OF A PORTION OF EVERMNN )AD
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO AUS A_ FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AUTHORIZING ITS EXECU-
TION; MAKING OPIATION FOR THE PURPOSE OF PAYING THE INDEBTEDNESS
THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST
ABUTTING PROPERTIES AND THE OWNtRS THEREOF FOR A PART OF THE COST OF SUCH
IMPROVEMENTS 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 E 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
Y 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 Y COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF
THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE
ORDINANCE RECO S 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.
I I.,
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:
EVERMAN D From I. H. 35-W Service Road to Oak
Grove Road, known and designated as
Project No. 104-23000-149.
III.
Each of the above described portions of streets, avenues and public places in the City of Fort Worth,
",Texas, shall be improved raising, grading, and Mlingsame and by constructing thereon the following, wit
EVERMA.N ROU Fromf. H. 35-W Service Road to Oak
rove Road, knowa and desigmated as
Project o. 104-2,3060-149, a seven-
ch thidk reinforced concrete pave-
ment on,a six-inch thick lime stabilized
subgrade with a e'n n ch. high superimposed
conc.re e curb,, Six-inch thick concrete
driveways will be constructed where
specified. The road° ay° will consist of
o thirty-six foot traffic lanes with
atwenty-eight foot` d n.
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 Flans and Specifications therefor,
M
The coat 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 Aa
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
emits 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 . Orth 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 nacre 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
®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 n 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 executedin 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 h ll be issued to the City of Fort Worth, shall recite the terms and
time of payment, the amount of the assessment, the e cri tion 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 w
ro-
c e ing ith 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 n the personal liability
of the owners thereof, have been regularly had, done and performed, and such re-
citals s
e®cit 1 h ll be prima facia evidence of the matters so recited, and no further proof
shall be required in any court, and the said certificates sh 11 provide substantially
that if default be made in the payment of any installment promptly as the m
matures, then, at the option of the City of. Fort Worth, or its assigns, the entire
mount of the s e s nt shall be andco immediately u y b1 , together
with reasonable attor ey®s fees and costs of collection, if incurred, ll of which,
as 11 as the rind 1 and interest on the assessment, shall be a first and prior
lien against the property, superior to all other i®..ens and claims xc t State,
County, School District, and City ad valorem taxes . Mo error or mistake in naming
yowner or in describing any property or in any other matter or thing, shall
invalidate any assessment or any certificate issued in evidencethereof, and the
omission of improvements on any particular unit or in front of any property exempt
y law from the lien of special ment for street improvements sh 11 not in-
validate a
v li t ny assessment levied. certificates referred to need not contain
recitals in exactly the works above providedfor, but the substancethereof sh l
suffice, and they may contain oth p and additional recitals pertin nt thereto.
Va
Bids having Deen advertised for as required by Article 1105b of the re-
vised Civil Statutes of. Texas, as amended, and the bid ust® o y
having en found to be the lowest and
best bid for th kin n construction of said improvements, the contract there-
fore is hereby r to Austin d
t and for the prices stated in the Proposal
of saidcompany and as reported recommended by the Public Works Department, which
said report and recommendation is on file with the City, the City Manager, and the
City Secretary arehereby directed to execute the saidcontract i 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.
VIL
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,
is law has been adopted as an amendment to and made a part of the Charter of
the it 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.
1®
The Director of Public Works of the City of Fort Worth, Texas, be and he
in hereby ordered and directed to file with the City Council, estimates of the cost
of such improvements in each unit, in accordance with the to of the powers and
provisions oft Charter of the City of Fort Worth, Texas.
XII.
The City Secretary in 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.
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 force and effect from and
after the date of its passage,
PASSED AND APPROVED THIS DAY OF 19
APPROVED AS TO FORM AND LEGALITY:
5 oe
City Attorney
PROJECT NO . 104 - 23000 - 149
JOEL. EAST
"CARTER INDUSTRIAL..
V PARK "
0
> 0
NO ^i_ m Q
x
cr_ w
C) o
�
CD
J Y
O
lijM
H � '
EVERMAN ROAD FV
FR
E VER M AN ROAD
1 - 35W Service to Oak Grove Road
CITY OF FORT WORTH
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
On May 17, 1976, the Engineering Division of the Public Works
Department scheduled a Neighborhood Meeting, for the Assess-
ment Paving on Everman Road, Project No. 104-23000-149.
Members of the Engineering Division staff were present atthe
appointed time; however, none of the property owners appeared
for the meeting.
FORT WORTH, TEXAS
JUNE 1 , 1976
TO THE HONORABLECITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS
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 low:
Estimates of the total cost of improvements on a portion of Everman 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:
PROJECT NOI 104-23000-149. EVER14AN ROAD FROM I-35W SERVICE ROAD TO OAK GROVE ROAD, to be
improved by constructing seven-inch thick reinforced concrete pavement on a six-inch
thick lime stabilized subgrade with seven-inch high superimposed concrete curb. Six-inch
thick concrete driveways will be constructed where specified. The finished road1way will
consist of two thirty-six foot traffic lanes with a twenty-eight foot median.
The following assessment rates have been established:
Seven-inch reinforced concrete
(Cominercial and industrial zoning)...........$23.50/L.F.
Seven-inch superimposed concrete curb.. ........ .......$ 1.00/LrFr
Six-inch thick concrete driveways........... .... ... ...$ 1.28/S.F.
The assessments result in the following division of cost:
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS). . .... ..... ..... ..$ 232,586.47
TO7&L COST TO CITY OF FORT WOR (STREET IMPROVEMENTS)...... .$ 303,289.05
TO7&L ESTIMATED COST (STREET IMPROVEMENTS).. .. ... .. ........ ..$ 535,875.52
TOIAL ESTIMATED COST (DRAINAGE).... .. .... ... . .... ...... .... .$ 628,614.52
TO7&L ESTIMATED CONSTRUCTION COST.... ...... .. .. ...... .. . .....$1,164,490.04
JACK M. G M, P. E.
CI NGI R
PROJECT 0. 104-23000-1490 D FROM I.H. 35W SERVICE ROAD TO OkK GROVE D to be
improved y constructing seven-inch thick reinforced concrete pavement on a six-inch thick
lime stabilized subgrade with seven-inch high superimposed concrete curb. Six-inch thick
concrete driveways will be constructed where specified. The roadway will consist of two
thirty-six foot traffic lanes with ' t my-eight foot median.
BLOCK
OWNER LOT ZONING FROINVLGE RATE AMOUNT ASSESSMENT
NORTH SIDE CARTER INDUSTRIAL PARK
Beginning at the southwest corner of Lot 5, Block 5, Carter Industrial Park
Building Management Corp. 5 5 1161.34' Pavement $23.50 $27,291.49
Edward T. Hayes Ind. 1141.34' Curb 1.00 1,141.34
3201 Randolph $28,432.83
Bellwood, Ill. 60104
RAILROKD CROSSING 50' No Assessment
Freight Master Div. 1 4 1200.5' Pavement $23.50 $28,211.75
c/o Halliburton Services Ind. 1190.5' Curb 1.00 1,190.50
P. 0. Box 1431 450 S . Ft. Driveway 1.28 576.00
Duncan, Oklahoma 73533 $29,978.25
WILL ROGERS BOULEVARDEC
Carter Foundation 2463.6' Pavement $23.50 $57,894.60
Production Co. Ind. 2423.6' Curb 1.00 29423.60
P.O. Box 1036
Fort Worth, Texas $60,318.20
K GROVE ROkD INTERSECTS
SOUTH SIDE JESSE TEAGUE SURVEY
G. J. C. Forum Tract 1 1465.15' Pavement $23.50 $34,431.03
Properties, Inc. Ind. 1425.15' Curb 1.00 1,425.15
Suite 144
611 Ryan Plaza
Arlington, Texas 76014 $35,856.18
1.
PROJECT N0. 104-23000-149, EVERMAN ROAD. Continued:
BLOCK
'cR LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
SOUTH SIDE OAK GROVE PARK
City of Fort Worth E210' of 1 210' No Assessment
Fire Station #28 1
G. J. C. Forum W312.7' 1 312.7' Pavement $23.50 $71,348.45
Properties, Inc. Ind. 312.7' Curb 1.00 312.70
Suite 144
611 Ryan Plaza
Arlington, Texas 76014 $7,661.15
FORUM WAY INTERSECTS
Gearhart-Owens 1 2 197.35' Pavement $23.50 $4,637.73
Employees Trust Fund Ind. 187.35' Curb 1.00 187.35
Marvin F. Poer
7540 L.B.J. Freeway, Suite 600 $4,825.08
Dallas, Texas 75240
JESSE TEAGUE SURVEY
Gearhart-Owens Tract 1-A 300' Pavement $23.50 $7,050.00
Employees Trust Fund Ind. 300' Curb 1.00 300.00
Marvin F. Poer
7540 L.B.J. Freeway, Suite 600
Dallas, Texas 75240 $7,350.00
G. M, TEAGUE SURVEY
Missouri & Pacific Tract 1-A 1227.63' Pavement $23.50 $28,849.31
Railroad Co. Ind. 1217.63' Curb 1.00 1,217.63
c/o Tax Commission
805 Fidelity Union Tosser
Dallas, Texas $30,066,94
2.
PROJECT NO, 104-23000-1491. EVE N ROAD, Continued:
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESS NT
SOUTH SIDE G. M, TEAGUE SURVEY
RA ( AD CROSSING 110.47' No Assessment
GEARHART-CWENS INDUSTRIAL ADDITION
Gearhart-Owens 1 1 761.91' Pavement $23.50 $17,904.89
Employees Trust Fund Ind. 751.91' Curb 1.00 751.91
Marvin Poer 543 Sq. Ft. Driveway 1.28 695.04
7540 L.B.J. Freeway $19,351.84
Dallas, Texas 75240
EVEMN NATIONAL BANK ADDITION
Everman National Bank A 1 256.93' Pavement $23.50 $ 6,037.86
P. 0. Box 40450 Comm. 256.93' Curb 1.00 256.93
Fort Worth, Texas 466 Sq. Ft. Driveway 1.28 596.48
$ 6,891.27
G. M. TEAGUESURVEY
Exxon Corp. act 2 63.53' Pavement $23.50 $ 1,492.96
P. 0. Box 53 Comm. 63.53' Curb 1.00 63.53
Houston, Texas 233 Sq. Ft. Driveway 1.28 298.24
$ 1,854.73
TOTAL COST TO PROPERTY RS (ASSESSMENTS)............... .$ 232,586.47
TOTAL COST TO CITY OF FORT WORTH (STREET IMPROVEMENTS).....$ 303,289.05
TOTAL ESTIMATED COST (STREET IMPROVEMENTS)..........eoeeo*&$ 5359875.52
TOTAL ESTIMATED COST (DRAINAGE)... ....................... .$ 628,614.52
TOVLL ESTIMATED CONSTRUCTION C T..............0...........$1,1 ,490.04
3.
City of Fort Worth, Texas
UNE Mayor and Council Communication
®ATE REFERENCE SUBJECT: Award of Contract gy- Everman Road PAGE
NUMBER
Pavement and Improvements, 1.976 Cllr
6/1/76 C-3417 ® B-24 a ; 252 of A...W...
City Council a,cti..on is requested on Project No. 1.04-23000-149 as described
below:
Lr
. llesci
Roadway R.0. ".
Street: Limits Width-Feet Width-Feet
Everman Road i-35-W to Crim Grove 2-36' lanes 120
Road w/28' median
,Initiation of i' n pct
Tine 1.976-78 Capital Improvement Program (Page B-24 and -25) provides for
the construction of two 36-foot roadways with a 28-foot median and drainage
facilities as required.
nsn �ase ,ents
The existing 24--foot wide county-type roadway with o ° e' ditches o
either side will be improved by construction of major thoroughfare grade
concrete pavement with superimposed concrete curb and concrete driveway
approaches on two 36 foot traffic laws with a 28--foot median. Also
included are 12-foot -wide left-turn lanes at intersections and designated
.d
crossovers. The storm drain improvements will consist of 5,342 feet of
72-inch to 96-inch corrugated galvanized metal pipe and appurtenances t
be constructed mender the south traffic lane of Een°n, n, mead from east of
I-35-W to 650 feet east of Oak Grove Bawd
Fecei t f fids
The following bids were received on April. 27, 1976:
Street *Storm Drain Facil li ties
, .
Alt. 3
3.�9.de 1, aerenats alt 1. l.t 2 2
Austin Road Co. $457,159.56 $594,213.15 $571,467.75 $642,315.34
J. L. Bertram
Construction 463,602 66 760,990.39 714,590.77 616,669.64
"texas Bitulithic. Co. 529,366.60 621,377.50 793,525.80 707,285.50
Brown l.a nney, Inc. 529,870.29 635,450.60 779,35.75 1,024,706.00
Charles Cohen, Inc. 529,366.60 Nes Bid No Bid 766,656.50
H. B. Zachry Co. 565,964.46 Nes Bid 812,262.99 has Bid
Navarro Constr. 547,217.05 No Bid 761,476.40 No Bid
*Storm Drain Facilities
Alternate 1. - Reinforced Concrete Culvert pipe
Alternate 2 - Corrugated Galvanized Metal Pipe
Alternate 3 - Reinforced Concrete Box Structure
DATE REFERENCE SUBJECT: Award of Contract - Everman Road PAGE
NUMBER
Pavement and Improvements, 1.976 C.1'P of
6/1/76 0-3417 P. B-24 and -25
............
Working Days Allotted: 220
Alternate Bids
Alternate bids were taken for three types of storm drain J"acl.li,ties to
obtain the lowest and best prices. All three types are considered equal.
in regard to drainage capacity and quality. Consequently, it, is recon--
mended that the contract be awarded to the low 'bidder for street improve-
ments and Alternate 2 (Corrugated Galvanized Metal Pipe) for storm drain
facilities.
at and Finaancln
Based on the low bid and standard policy, approximately $232,586.47 is
proposed to be assessed against abutting properties, which will, 'be p-ro-
vided for by a bond fund transfer from the Revolving Fund Unspecified.
Cost to the City for street construction is estimated to be approxi.-
mately $303,289.05 and $628,614.52 for storm drain construction. It :is
recommended that a bond fund transfer of $932,000.00 from Leverman Road
(Future Sales) , Account No. 104-23000-149, be approved to finance 'this
proj ect.
Recommendations
It is recommended that:
1. The following bond fund transfers be approved:
'Amount From To Reason
$232,586.47 Unspecified Revolving Everman, Road To provide funds
Fund 042-09000-901 042-11000-1.49 for the property
owneraw share of
construction costs
$932,000.00 Even nn Road (Future :Ever nn Road To provide funds
Sales) 1.04-23000-149 for the City's
104-23000-149 share of construction
costs
2. An ordinance be adopted:
a. Declaring the necessity for and ordering of the improve-
ments;
b. Making provisions for levying assessments;
DATE REFERENCE SUBJECT: Award of Contract - Eve r.man Road PAGE
NUMBER Pavement and Improvements, 1976 CIP 3
C-3417 of .......
C. Directing the Public Works Department 'toprepare estimates
of costs and amounts to 'be assessed;
d. Awarding the contract to Austin Road Company, in the amount
of $1,058,627,31 based on their low bid for street improve-
ments and Alternate 2 for storm drain facilities; and
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 June 28, 1976, as the data for the Benefit Hearing.
GG:bg
attachment
SUBMITTED BY: DISPOSITIO BY COUNCIL: PROCESSED BY
17APPROVED rJ OTHER (DE CRIBS)
73 '37 �.%I/ dv,
/1k1111L1�1t1 ..__._-CITY SECRETARY
RATE
A,
CITY MANAGER