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Ordinance 5774
ORDINANCE NO. ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ COLLARD STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS: FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF: PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI- CATES IN EVIDENCE THEREOF: RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED: DIRECTING THE CITY SECRETARY TO EN- GROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY: AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Fort Worth,Texas,has heretofore ordered that each of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth,Texas,be improved by raising,grading, or filling same and by constructing thereon to-wit: COLLARD STREET: From the north line of T & P Underpass to the south lane of E. Lancaster, ]mown and designated as Unit 1, Project 104-24000- 156.a `DJ NUO Pavement on a 40-foot roadway. The above,together with combined concrete curbs and gutter on proper grade and line where same are not already so constructed,together with storm drains and other necessary incidentals and appurtenances;all of said improve- " ments are to be so constructed as and where shown on the plans and in strict accordance with the Plans and Specifications therefor: and contract has been made and entered into with R_ W_ = hhin ., Tnc_ for the making and construction of such improvements on the above said portion of streets,avenues and public places. WHEREAS, estimates of the cost of the improvements of each such portion of streets,avenues and public places were prepared and filed and approved and adopted by the City Council of the City, and a time and place was fixed for a hearing and the proper notice of the time,place and purpose,of said hearing was given and said hearing was had and held at the time and place fixed therefor,to-wit,on the 6t"klay of—Fehruary 19 b7_- .__9:30 A_M_ , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made,to-wit: protested that protested that protested that protested that T - protested that __ ---- ---Protested that _protested that — ----—__"------—--—--------protested that protested that —__protested that protested that protested that and said hearing was continued to the present time in order to more fully accomplish the purposes thereof, and all desiring to be heard were given full and fair opportunity to be heard,and the City Council of the City having, fully considered all proper matter, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered: NOW TIIEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. Said hearing be,and the same is hereby,closed and the said protest and objections,and any and all other protests and objections, whether herein enumerated or or not, be and the same are hereby,overruled. II. The City Council, from the evidence, finds that the assessments herein levied should be made and levied against the respective parcels of property- abutting upon the said portions of streets, avenues and public places and against the owners of such property,and that such assessments and charges are right and proper and are substantially in proportion to the benefits to the respective parcels of property by means of the improvements in the unit for which such assessments are levied,and establish substantial justice and equality and uniformity between the respective owners of the respective properties, and between all parties concerned, considering the benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said property by means of the said improvements in the unit upon which the particular property abuts and for which assessment is levied and charge made,in a sum in excess of the said assessment and charge made against the same by this ordinance,and further finds that the apportion- ment of the cost of the improvements is in accordance with the law in force in this City, and the proceedings of the City heretofore had with reference to said improvements, and is in all respects valid and regular. III. There shall be, and is hereby, levied and assessed against the parcels of property herein below mentioned, and against the real and true owners thereof (whether such owners be correctly named herein or not) the sums of money itemized below opposite the description of the respective parcels of property and the several amounts assessed against the same, and the owners thereof, as far as such owners are known, being as follows: IV. Where more than one person, firm or corporation owns an interest in any property above described,each said person, firm or corporation shall be personally liable only for its,her or his pro rata of the total assessment against such property in proportion as its, his or her respective interest bears to the total ownership of such property, and its, his or respective interest in such property may be released from the assessment lien upon pay- ment of such proportionate sum, V. The several sums above mentioned and assessed against the said parcels of property, and the owners thereof, and interest thereon at the rate of six per cent (6�i) per annum, together with reasonable attorney's fees and costs of collection, if incurred,are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property,whether such owners be correctly named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except State, County,School District and City ad valorem taxes. The sums so assessed against the abutting property and the owners thereof shall be and become due and payable as follows, to-wit: in five (5) equal installments,due respectively on or before thirty (30) days,one (1), two (2), three (3), and four (4) years from the date of completion and acceptance of the improvements in the respective unit, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units,and shall bear interest from said date at the rate of six per cent (61,) per annum,payable annually with each install- ment, except as to the first installment, which shall be due and payable at the maturity thereof,so that upon the completion and acceptance of the improvements in a particular unit,assessments against the property abutting upon such completed and accepted unit shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance. Provided, however, that any owner shall have the right to pay the entire assessment, or anv installment thereof, before maturity by payment of principal and accrued interest, and provided further that if default shall be made in the payment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such default is made shall, at the option of said City of Fort Worth,or its assigns,be and become immediately due and payable, and shall be collectable, together with reasonable attorneys fees and cost of collection, if incurred, PROVIDED, however, that acting through its duly authorized Director of Public Works the City of Fort Worth retains the right to authorize payment of the sums assesed against abutting property upon such completed and accepted unit in not more than forty-eight (18) equal regular monthly installments of not less than $9.00 each, the first of such installments to become due and payable not more than thirty (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 of 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 FURTHEP.,that such method of payments 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. �I. If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the property by the Assessor and Collector of Taxes of said City as near as possible in the same man- ner provided for the sale of property for the non-payment of ad valorem taxes, or at the option of the City of Fort Worth, or its assigns, payment of said srmrs shall be enforced by suit in any court of competent jurisdic- tion, or as provided in any mechanic's or materialman's contract as aforesaid, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. VII. The total amount assessed against the respective parcels of abutting property,and the owners thereof,is in accordance with the proceedings of the City relating to said improvements and assessments thereof, and is less than the proportion of the cost allowed and permitted by the law in force in the City. VIII. Although the aforementioned charges have been fixed, levied, and assessed in the respective amounts hereinabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate.Notwithstanding the City Council has herein reserved the right to issue credits, it shall not be required to issue credits,and will not do so, if same would result in any equity and/or unjust discrimination. The principal amount of each of the several assessment certificates to be issued the City of Fort Worth, Texas,as hereinafter provided,shall be fixed and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts,if any,as may hereafter be allowed by the City Council as a credit against the respective assessments. IX. For the purpose of evidencing the several,sums assessed against the respective parcels of abutting prop- erty and the owners thereof, and the time and terms of payment, and to aid in the enforcement and collection thereof,assignable certificates in the principal amount of the respective assessments less the amount of any re- spective credit allowed thereon, shall be issued by the City of Fort Worth, Texas, upon completion and accept- ance by the City of the improvements in each unit of improvement as the work in such unit is completed and accepted, which certificates shall be executed by the mayor in the name of the City and attested by the City Secretary, with the corporate seal of the City impressed thereon,and shall be payable to the City of Fort Worth, or its assigns,and shall declare the said amounts,time and terms of payment, rate of interest, and the date of the completion and acceptance of the improvements abutting upon such property for which the certificate is issued, and shall contain the name of the owner or owners,if known,description of the property by lot and block number, or front feet thereon, or such other desciption as may otherwise identify the same; and if the said property shall be owned by an estate, then the description of same as so owned shall be sufficient and no error or mistake in describing any property, or in giving the name of the owner, shall invalidate or in anywise impair such certificate, to the assessments levied. The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectable, with reasonable attorney's fees and costs of collection, if incurred, and shall provide substantially that the amounts evidenced thereby shall be paid to the Assessor and Collector of Taxes of the City of Fort Worth,Texas,who shall issue his receipt therefor, which shall be evidence of such payment on any demand for the same, and the Assessor and Collector of Taxes shall deposit the sums so received by him forth- with with the City Treasurer to be kept and held by him in a separate fund, and when any payment shall be made in the City the Assessor and Collector of Taxes upon such certificate shall, upon presentation to him of the certificate by the holder thereof endorse said payment thereof. If such certificate be assigned then the holder thereof shall be entitled to receive from the City Treasurer the amount paid upon the presentation to him of such certificate so endorsed and credited; and such endorsement and credit shall be the Treasurer's Warrant for making such payment. Such payments by the Treasurer shall be receipted for the holder of such certificate in writing and by surrender thereof when the principal,together with accrued interest and all costs of collection and reasonable attorney's fees, if incurred, have been paid in full. Said certificates shall further recite substantially that the proceedings with reference to making the improvements have been regularly had in compliance with the law,and that all prerequisites to the fixing of the assessment lien against the property described in such certificate and the personal liability of the owners thereof have been performed,and such recitals shall be prima facie evidence of all the ruatters recited in such certificates, and no further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, or may have coupons for each of the first four installments, leaving the main certificate to serve for the fifth installment, which coupons may be payable to the City of Fort Worth,or its assigns may be signed with the facsimile signatures of the Mayor and City Secretary. 4 t� Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful powers, when requested so to do, to aid in the enforcement and collection thereof,and may contain recitals sub- stantially in accordance with the above and other additional recitals pertinent or appropriate thereof, and it shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of any of said units adjacent to any premises exempt from the lien of such assessments shall not in anywise invalidate, affect or impair the lien of such assessments upon other premises. X. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof,is,in accordance with the law in force in this City,vested in the City. XI. All assessments levied are a personal liability and charge against the real and true owners of the premises described,notwithstanding such owners may not be named,or may be incorrectly named. XII. The assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve- ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the assess- ments therefor in any other unit. XIII. The assessments levied are made and levied under and by virtue of the terms,powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and now shown as Article 1105b of Vernon's Texas Civil Statutes,which Act has been adopted as an amendment to and made a part of the Charter of the City of Fort Worth, Texas. XIV. 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 of Fort Worth,Texas, and by filing the complete Ordinance in the appro- priate Ordinance Records of said City. XV. This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. /9 7 PASSED AND APPROVED this day of -3�r APPROVED AS TO FORM AND LEGALITY: City Attorney .o o F+ � .a !H to 6R 0 N N O: C N 1 en V1 10 n oo� N ?l 04 N M rt N >. !q FA !fl 04 CC N O+ N ap M ch Q W � d 10 . .t a N � M fA b9 �69 a 1 0 o 0 C4 N O O+ Ln N —4 N 1- 0% en d O r M M M M �D M V1 V1 OD C+ r• r- N N M �t OO -1 p b9 to 64 to VF 619 0) 2 � a 4j �j L 6 O� GD m En d N N y �; V M W 6 Q O O rl v M .+ Q� 4 .�D n 'N �o M 11 M N ra .4 N u4 In SA eH '4 w (:o fA U .+ � ;a M y pp %D _ 10 1O �p pp Q W r N r` N O ww x 00 w N W 14 3 ON ID. 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Sao 1 m n WW �O h M a ° M N ho N a rn Oo 0 0 C zA . � voi v�i n �W44 .o cn c•t N 0 W m a• to n¢ ao M H O� O�ea pp•a O rn vi r: P+ �+ �•,�W U N O M Cg2C '—i u1 N U wus .� ww o ltJ N h M a 0 ~ 0 W L - a 00 x a 4 CO a 3 00 GO •.+ a vi n cn zU M N of 'O y N a1 a 3 0 q M W W G U ^�, N•rJ O 3+$ $- F 0 0. M M 3 nab v oaW' aoa m En a A. w ^a0 a ,4 O rS ¢ n m M Q N N V � � V x City of Fort Worth, Texas eROWwLISS. Mayor and Council Communication µ�MANAN V4oRPHIS DATE REFERENCE SUBJECT. Collard Street paving PAGE GRA AM NUMBER 5/l/67 G-1085 1of 3 R EE On February 27, 1967, in response to property owner protests regarding assess- ments and drainage problems, the City Council continued the benefit hearing for the paving of Collard Street between East Lancaster Street and the Texas and Pacific Railway, and requested additional information about the adequacy of the storm drainage system beneath Collard Street and at the outfall of the drainage system under the Texas and Pacific Railway west of Collard Street. The contract for paving Collard Street was awarded by the City Council on Janu- ary 23, 1967, in accordance with the schedule established in the 1966 Capital Improvement Program approved by the City Council. Collard Street is an import- ant connecting street from East Lancaster to Rosedale Street, serving the Texas Wesleyan College campus and substantial commercial development. A portion of Collard was improved in 1966, and this contract completes planned work on Col- lard. Improvement of this section of Collard Street was specifically promised to the voters in the bond program approved on October 19, 1965. Drainage at Collard OFFICIAL RECORD CITY SECRFjARY Because of complaints by some property owners adjacent to Collard Street a out flood waters during periods of heavy rainfall in I966,, it was 4.s �a E'Klhe drainage system be studied by the Public Works Department to d drainage pipe under Collard Street is large enough, and if the drainageway be- neath the railway should be enlarged in connection with the Collard Street pav- ing. The Public Works Department has inspected the existing system and finds that the capacity of the drain under Collard Street is very near current design criteria, and it should function properly when there is adequate outfall pro- vided at the Texas and- Pacific Railway at a point west and south of Collard St. During the three inch rainfall on Thursday, April 20, 1967, several owners of commercial property adjacent to Collard Street experienced flooding of their premises, including a floor covering firm, a warehouse and the basement of a bowling alley. The flooding was caused by a backup 'to the properties on Collard from the inadequate opening beneath the railway, which is discussed in the next section of this report. There is an existing 72 inch storm drain under Collard Street which was con- structed in 1948 as a part of the Haynes Street Storm Drain System. It was designed for a ,five year storm frequency with a run-off factor of approximately 0.35. Approximately 388 acres drain into the system at Collard Street, which engineers calculate would contribute a run-off of about 460 cubic feet per second. Using the design criteria now being used by the City for a five year storm;frequency, the run-off factor of 0.4 would contribute approximately 520 cubic feet per second. Engineers calculate that the topography of the area now creates enough head water at Collard to increase the capacity of the exist- ing drain to a factor of 0.38,, or only 0.02 less than the 0.4 run-off factor for a five year storm frequency now being used as standard by the City. The existing system is considered adequate by the Public Works Department be- cause the run-off factor almost meets the current design criteria for new drain- age facilities. In order to bring the Collard Street drain up to current design standards, it would be necessary to construct a parallel system across Collard x DATE REFERENCE SUBJECT: Collard Street Paving PAGE NUMBER 5 l/67 G-1085 _ of Street to an outfall at Ben Street at a cost of approximately $25,000. Con- struction of this parallel line is not included in the paving contract and is not scheduled in the Capital Improvement Program. Because of greater needs elsewhere in the city, the Public Works Department recommends that no addition- al drainage facilities be constructed in Collard Street in connection with the proposed paving. Drainage at Railway A four by four foot culvert exists beneath the railroad right-of-way west and south of Collard Street, which is considerably inadequate according to run-off calculations and current design standards. Because the grade of the railway is much higher than the nearby vacant land, the embankment of the railway acts as a dam until the water drains through the culvert. Because the opening under the railroad is too small, at times water backs up for more than 1,000 feet in- to the drainage system serving Collard Street. A limited amount of flooding has occurred in buildings along Collard Street because the water cannot escape rapidly enough Where it becomes dammed up at the railway. No changes in the railway culvert are recommended by the Public Works Depart- ment at this time because the inadequacy of this facility is not directly re- lated to Collard Street drainage and paving, and because it appears advisable to defer any major improvements until a master drainage plan for this area is completed. Enlargement of the culvert without consideration to the effect up- on developed properties downstream could create flooding of improved properties not now threatened, The entire system should be studied as a unit and construc- tion of facilities coordinated with the master plan. The City Council has authorized the development of a master drainage plan for the entire city and the first major unit of the study was authorized on Febru- ary 20, 1967. Portions of the comprehensive plan are being engineered at this time in three drainage areas in northeast, downtown and southwest areas of the city. A definite timetable for preparing the master plan for the drainage area that includes Collard Street has not yet been established. Assessments At the first benefit hearing held on February 8, 1967, several property owners requested restudy of the assessments proposed to determine if the amounts levied were equal to or less than the enhancements in value to adjacent properties as a result of the paving. An independent real estate appraisal was obtained and assessment reductions were recommended as follows : Front Original Proposed Owner Property Footage Assessment Assessment B. Y. Storey Lot 34, Block 1 Normandy 76 $292.41 -0- Place T&P Railway Eastside and Westside 56 266.70 -0- Q�FIC»� RCCQRO TOTAL ASSESSMENT REDUCTION $559.11 CITY SECRET CRY " �Ey• 4 DATE REFERENCE SUBJECT: Collard Street Paving PAGE NUMBER G-1085 3 °f 3 At the continuation of the benefit hearing on February 27, 1967, the City Council granted an assessment reduction to the Allied Iron Works adjacent to Collard Street by exempting 140 feet of the 250 feet of frontage on the basis that there is a retaining wall in place and the firm will not take access from the portion of the street proposed for exemption from assess- ment. No Council action was taken on the proposed assessment reductions on property belonging to Mr. Storey and the Texas and Pacific Railway based upon the findings of the independent real estate appraiser. Recommended Action In view of the findings of the Public Works Department that drainage problems that business firms on Collard Street have experienced are not related to or affected by the street improvement program promised in the 1965 Bond Program and now under consideration, it is recommended : 1) That the City Council proceed with the improvement of Collard Street, 2) That no further drainage facilities in Collard Street be installed at this time; 3) That assessments reductions for B. Y. Storey ($292.41) and the Texas and Pacific Railway ($266.70) be approved as recommended by the inde- pendent appraiser, and that the Council's assessment reduction for Allied Iron Works ($1,275.62) be reaffirmed; and 4) That the benefit hearing on Collard Street be closed and assessments levied as amended. JLB:lp DfflCl,�! R,r Clry s fC CORD RfrARY fr �yoRT� Try SUBMITTED BY: DISPOSITIO BY COUNCIL: 0 S Y APPROVED OTHER (D4SCRIBE) CITY SEC TARY DATE CITY MANAGER f � INTER-OFFICE CORRESPONDENCE TO Mr. J. L. Brownlee, City Manager DATE April 11, 1967 FROM—Mack M. Graham, Public Works Director TIME SUBJECT— TNFORMAT. RF. ORT_=COLLARD STREFT_PAY1_NG_ At the regular Council Meeting of February 27, 1967, the Public Works Department reported the authorization and specifications for the paving and improvements of Collard Street. The City's independent appraiser, Mr. Ross Jones, testified that the properties were enhanced at least the amount of the proposed assessments except the pro- perties owned by the Texas & Pacific Railway and Mr. B. Y. Storey, where the grade differential was such that it denied access and benefit to the properties. During the Council meeting, Mr. Howard Hildreth, representing Allied Iron Works, appeared before the Council and said there would be no parking allowed next to Allied Iron Works which would be a hindrance rather than a benefit to his business. Mr. Hildreth stated that there would be no benefit from the paving on the turning radius of the street - there is a retaining wall and no access could be taken from the street. Following the discussion, motion to exempt 140 feet of the 250 feet of the Allied Iron Works was approved by the City Council. There was a recommendation of the staff and the independent appraiser that the assessment against the Texas & Pacific Railway and Mr. B. Y. Storey be waived; however, no action was taken by the Council regarding these assessments. A further request by the City Council was made concerning an additional drainage study of the area with particular attention being given to the drainage problem at the railroad west of Collard Street, south of Lancaster Avenue and the following report is submitted: The existing 72" storm drain across Collard Street was constructed in 1948 as a part of the Haynes Street Storm Drain System and was designed for a 5-year storm frequency with a run-off factor of approximately 0.35. The area draining into the system at Collard Street is approximately 388 acres, which would theoretically con- tribute a run-off of 460 cubic feet per second. Using the present design criteria for the 5-year storm frequency, with a run-off factor of 0.4 would contribute approximately 520 cubic feet per second. Under the present conditions, the drainage system at Collard Street would function as a culvert. Due to the topography, it is possible to obtain enough head water elevation on the up-stream end of the existing system across Collard Street, to handle 5-year storm fre- quency with a run-off factor of 0.38. E �FL IdOR ��, TF�"., INTEROFFICE CORRESPONDENCE TO Mx. J. L. Brownlee — DATE April 11. 1967 FROM _ TIME SUBJECT——2age-mea— ------ It is pointed out that there are open channel conditions both up-stream and down-stream in this existing storm drain a" that drainage problems occurring up-stream from the open channel aE$ not directly related to the carrying capacity of the conduit across Collard Street. It is estimated that to up-grade the existing system to present standards, it would be necessary to construct a parallel system across Collard Street to Ben Street at a cost of approximately $25,000.00. The drainage situation existing where the above outfall channel crosses beneath the railroad south of Lancaster and west of Collard Streets has also been studied. At the present time, there exists at this railroad crossing a 4' x 4' culvert. Calculations indicate the culvert is con- siderably inadequate; however, there is no danger of flooding improve- ments because this area is undeveloped land in a natural state. Channels draining to this culvert are deep and generally well defined and also due to the height of the railroad fill and the depth of the existing channel, a considerable amount of ponding can occur and still not create flooding damages to any adjacent improvements. SUMMARY: Considering that: (1) The majority of the existing drainage system in this area was designed to lesser standards than are presently required. (2) That the future Master Plan for Drainage in the City of Fort Worth will investigate the requirements of this entire area; and (3) That the existing drainage system at Collard is not seriously inadequate, it is felt that it is not justified to relieve or otherwise up-grade the existing facility across Collard Street or at the railroad west of Collard Street at this time. OFFICIAL RECORD CITY `SECRETARY FT. WDRT11, TEX. INTER-OFFICE CORRESPONDENCE TO Mr. J. L. Brownlee _ DATE April 11, 1967 FROM TIME SUBJECT Page Three RECOMMENDATIONS: It is recommended that: (1) That the paving assessment of the T. & P. Railroad Company and Mr. B. Y. Storey be waived; (2) That Collard Street be improved as proposed and all other assessments levied; and (3) No further storm drain improvements be constructed in conjunction with the paving improvements. !Z-c ALR:mm 0FFICLAL RECORD CITY `1,r�R T!,RRV ,arc.. t I FT. WORTH, TEX. INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 1148 ,P T E A, �oFFORT�o To the Mayor and Members of the City Council February 24, 1967 �rexA`'S Subject: ADDITIONAL INFORMATION - COLLARD STREET WIDENING AND PAVING ,a73 (1966 CIF Page 8) On February 8, 1967, the benefit hearing on the widening and paving of Collard Street between Lancaster and the Texas and Pacific Railway was continued until February 27 and additional information was requested regarding appraised en- hancement, utility pole obstructions, and maintenance required on the existing pavement. This report summarizes the results of an independent appraisal to determine benefit from the proposed paving, maintenance activities , and pre- ference of a car wash operator regarding location of the utility pole in the vicinity of his business ., Independent Appraisal An independent appraisal of benefits to be derived by adjacent property owners from the proposed paving improvements has been obtained by the City from Mr. Ross E. ,;ones. He finds that all assessments are less than the amount of the appraised enhancements, except the properties located at the Texas and Pacific Railway where there is a grade differential of approximately twelve feet, and where one residential lot converges with insufficient depth for any additional use. Lack of sight distance and location at an intersection would cause the City to deny any request for driveway access to the properties in question, thereby further diminishing any possible enhancement.. Based upon the independent appraisal , it appears that the City Council may wish to consider the following reductions in assessments : Front Original Proposed Owner Property Footage Assessment Assessment B. Y. Storey Lot 34, Block 1 76 $292.41 -0- Normandy Place T&P Railway Eastside and West- 56 266 .70 -0- side Right.-of-Way TOTAL ASSESSMENT REDUCTION $559.11 If the reductions are approved, the City-at-large share of the project will increase to $17,375.28 and the property owner's share will be reduced to $15,242.47, which is 46.7 per cent of the total projects cost of $32,617.75. Mr. Jones will be present at the Council. Meeting of February 27, 1967, to present his findings that the enhancement to all other property abutting the project is greater than the amount of the proposed assessments, The Land Division of the Finance Department and the Public Works Department also have found that enhancements are equal to or exceed the recommended assessments. OFF ICIAU RECORD CITY SECRETARY T. VN uRTH, TEX. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS NO. '1148 - Pace 2 f H,,PTFgEO �pEJ0;?7. To the Mayor and Members of the City Council February 24, 1967 �rfXAy+ Subject: ADDITIONAL INFORMATION COLLARD STREET WIDENING AND PAVING (1966 CIP Page 8) Repairs to Existing Paving The Public Works Department reports that a number of requests have been re- ceived for maintenance of Collard Street, which has a rough country-type as- phalt penetration surface, with dusty shoulders, and poor drainage because of the lack of curb and gutter. Requests for repair of Collard Street also have been received by the City Manager's Office in recent years. No speci- fic record of citizen complaints by name is kept for paving failures , but street repair crews have worked on this portion of Collard Street more than 40 times since October 1, 1964. , Extensive repairs of the street have been deferred because permanent paving of Collard Street was included in the street improvement bond election proposal which passed successfully on October 19, 1965. Improve- ment of the street was promised in neighborhood meetings with citizens in the area prior to the election and the project was listed in the 1966 Capital Im- provement Program adopted by the City Council and widely publicized prior to the bond election. Utility Pole Relocation Extensive relocation of utility poles to clear available right-of-way for the paving improvements was necessary along Collard Street. At the benefit hear- ing, attention was drawn to a possible conflict of a car wash establishment with a relocated utility pole. The City Utilities Supervisor made an inspec- tion at the location of the Speedy Car Wash, 606 South Collard Street, where he contacted the lessee and proprietor of the business . The car wash operator stated that the Telephone Company had contacted him about the need for pole relocation, that the new location had been staked in advance. Although he did not welcome the utility pole, it was his feeling that the pole was in the least objectionable location possible. The pole is located in front of a shel- tered parking space, but it does not block the easy flow of cars to or from the car wash establishment. k � aF ak a� ak The benefit hearing for the Collard Street improvements will be listed on the agenda for February 27, 1967. Property owners were notified during the meeting of February 9, 1.967 that the hearing would be continued at the last Council Meeting in February. If additional information regarding the pro- posed paving improvement is desired by Council Members , please advise. Respectfully submitted, GFFIC111 RECORD CITY SECRETARY . L. Brownlee City Manager JI,B:ms FT. WORTH, TEX. - ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Benefit Hearing - WidE and PAGE NUMBER Pilvina of Collard StrE 1966 2(6167 G-1048 _ CIP, Page 8. Item IV.41 _ 1 '} On January 23, 1967, the City Council awarded the contract fo assessment paving of Collard Street, and set February 6, 1967, as the date for the Benefit Hearing, (M&C C-875). The improvcment_ t.Co U and St-reet was pK :__^ mised in the bond election of October 19, 196$; and the paving will connecter caster with new paving�com�pT���"i�lgbb exteridin1 to„ttie Texas WesJey_411.., College Campus and Rosedale Street. Existing paving on Collard is a county- type high crown asphalt penetration street that is badly deteriorated and , has poor drainage because of the lack of curb and gutter. The project includes the following: t' Roadway Street Limits Widt- R.O.B. Collard Street T&P Underpass to East Lancaster 40 feet 80 feet It is the opinion of the Land Division and the Public Works Department that each parcel of property is benefitted in an amount equal to or in excess of the amount recommended for assessment. Recommendation �I It is recommended that an ordinance be adopted closing the hearing and levying the assessments as proposed. r JLB:1p Attached are the following: 4 "A" - Resume of the Project 1 "B" - Distribution of cost and results of Post Card Survey "C" - Assessment Rolls in Alphabetical Order QtC�.4 RECDDD CITE( TADY ff• x TEX. SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED By ❑ APPROVED ❑ OTHER (DESCRIBE) CITY SECRETAINt CITY MANAGER L/23/67 C-875 widening dau YdV 1.1g , LyUu V,.r,� L Page_8, Item IVT4) i of Council action on the project d( scribed below is requested: Nature of Work The 1966 Capital Improvement Program (Page 8. Item IV. 4) authorized the paving of Collar_ Street._ilnm_thP._Texas and Pacific_Railway underpass to _ East Lancaster Avenue, as . _City 'tinted assessment paying=Jppt. ,project was specifically liste_in the street improvement program aQprovecl by the voters on October 19,,-1965— It will tie into existing permanent l paving at the railroad tracks near Vickery Boulevard, and it will improve access to Texas Wesleyan C( llege where Collard Street from Rosedale to Vickery was reconstructed n 1966. Collard Street north of the railroad tracks is now a country-tyle high crown asphalt penetration street which is narrow and badly deteriorated requiring frequent maintenance. The pro-- posed paving will have a s( ven and one-half inch thickness of hot mix as- phaltic concrete with concrete curbs and gutters for imrroved drainage. The project includes the t llowing: 1' Unit Street Limits Roadway Width R.O.W , 1 Collard Street T&P 'lnderpass to E. Lancaster 40' 80' Submission of Bids Bidder Amount Bid Working Des R. W. Gibbins, Inc. 2 5 30 S.R.O. Asphalt, Inc. 31,743.40 30 Worth Construction Company 33,374.10 30 K General Construction Company 33,986.50 30 Texas Bitulithic Company 36,830.90 30 G1ade' Construction Company 37,947.20 30 Project t Cost and Financing Based on the low bid, appr )ximately $15,801.58 will be Essessed against abutting property owners. The cost to the City-at-largt Fill be approxi- mately $16,816.17, includiig engineering and miscellaneous expenses. it-ecommendations 1) That the following Bonl Fund Transfers be approved: Amount From To _'or $15,801.58 Revolving Fund 042 -09724-901 Proporty of nc •s' portion of PP construction ;ost. - 16,816.17 104-24000-901 104•-24000-156 City's portion of construc- Unspecifi.ed ColLard Street tion, engineering, and mis- Projects cellaneous costs. 1 — — �tTY USECRETRRY FT. WORTN, TEX. -MUCH susim; 1/23/67 "; .,.,.. •'" C-875 widening ��... . Pa>e 8 Tt m Paving (1966 CIP, I V 4 2 _J 2) That an ordinance be adopted: a) Declaring the necessity for and ordering the improvements; b) Making provisions for levying Y g of assessments; c) Directing the Public Works De - cost and amounts to be assessed; rtment to prepare estimates of d) Awarding the contract to R. W. 7. $29,652.50; and Gibbins, Inc. on its low bid of e) Making appropriat..ons to cover the indebtedness thereb for improvements Of the project named above. q furred ! 3) That an ordinance be -dopted: a) Approving the est mates of cost and amounts proposed to be assessed; and b) Setting February I , 1967, as the date of the Be•ie.:it e Ii wring. JLI.-Ip ?It following summaries are at ached; 4 Attachment "A" - Resume o the project end summary of the N ighborhood Hearing. Attachment "B" - Distribu ion of cost aid results Y - of Post 'ard Survey. O FFICIAL RECORD ECRETARY ry, r� SUBMITTED BY: DISPOSITIOI By COUNCIL: r' ❑ , PPROYED ❑ OTHER (0E8CRIBI) lRDCESBt[ Be CITY SECRi Ta W ro' DATE CITY MANAGER ` Attachment "A" Page 1 of 2 CITY OF FORT WORTH PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION CITY INITIATED PROGRAM COLLARD STREET PROJECT 'VO. 104-24000-15 6 A Neighborhood Hearing was conducted at the City Hall in the Council Chamber at 7:30 p.m. on January 1, 1117. Th procedures concerning owner participation in the cost of construction, includiig methods and policies of determining assess- ments, construction standards, an ' methods of payment were explained to the five people in attendance. r. W. Clenton griffin, 1112 Wood and Drive (Arlington), Presiclent of Allied Iron Works, Inc., owner of Block 4-A, ;uykendall's Consolidated Subdivision, and Lots 4, 5, 6, and 7 of Block 8, Normanly Place Addition, inquired aLout new street grades, methods by which the City encourages competition for paving contracts, and the basis for making assessments. Mr. Griffin objected to assessments at th'! intersection of Collard and Hampsiire, spoke against the elimiration of head-in parking in connection with the pr)ject, and stated in general his opinion that the assessments proposed were in excess of any enhancement caused by the paving. Information was provided that the proposed street grades would vary by less than and t'L Lt one foot from the existing grades advertises the foribidstpublicly in thEonewspaper an was explained that the City urea in He was informed the-t the assessment six firms submitted bids for this project, will h: ve access to Coll frontage along the gradual curie t8naithatathehproperty Collar, was comp accordance with standard polic Street for traffic travelling in Both directions. regarding the construction of stand-up curb .'or on-street park- Standard policies g instruction parking were explained1, and information n instead of the more hazardous rtie�. i g the assessments were reviewedPsseds gainstathehvar oust grope$ was provided that r� ects are estal- equal to or more than the an punt being olicies for paving P j were Q epavingsfpr contra t and the levy Griffin-was also assured that standard p approval the City Council and tl 3t award of the and City C�''u `il app fished by subject ti a public hearing of assessments w WoulId d be initiated. endall's fore the projectLane Block 1-A, Kuyk lain ad ur osa of the projec . It was explain Mr. Bill Harris, representing the Meadowbpur se and that d••aiaage was a p �det t1 and paving, Consolidated SubWa8iin°need of w out the p that the street lack of curb ; ad gutter, lent because of the RECORD SET Cif S ARY FT, WOK TEX. Attachment "A" Page 2 of 2 Mr. Bill Kuykendall, representing Lcts A, 1R through 9R of Block 2-A, Kuykendall's Consolidated Subdivision, and Lot 11 , Block 11, Normandy Place Addition, stated the opinion that his property would not be enhanced in the amount of the assessment. He was given information that the C ty had examined assessments and it had been found that the enhancement exceeded the amount of the proposed assessments. In response. to his request, it was agr( ed that the assessments would be re-examined and that if any reductions are fount justified, that he be advised prior to the Benefit Hearing. Mr. A. Y. Story of 3300 Hampshire, Lot 34, Block 1, Normandy Place Addition, also stated his .opinion that the property would not be enhanced by the improvements. tj ©FEOIL R. `CORD ��ry tEx, .� SdON� � ol -_--- . ............. rl — j . LLJ� 3 nd V-IONVd ::) J o a f a cc '1S N38 � oft? ram,..`•-�:_ � � \ /�� J 1 �J >J. 2In OFFrCML RLC D COTY SECRETARY FT. WORTH, TEX Attachment "B" COLLARD STREET D(PRCWEMENT Page 1 of 1 T&P UND12PASS TO EAST LANCASTER ST. PROJECT NO. 104-24003-156 .r PER CENT CONTRACTMICR............................................................................................................129.652.50 ENGINEERING ............................................................................................................ 2,965.25 ESTIMATED CONSTRUCTION COST................................ ................... .......................................................5 32,617.75 100.0 RESIDENTIAL FOOTAGE............ .................. 16 4.0 COMMERCIAL FOOTAGE.............................. 1,828.61 96.0 TOTAL FOOTAGE............................................ 1,9)4.61 100.0 RESIDENTIAL ASSESSMENT......................................................6 675.64 2.1 COMMERCIAL ASSESSMENT.......................................... ........ 16,256.33 49.8 GROSS AMOUNT A1114ESS90.................I........................... 16,931.97 51.9 LESSCREDITS GRANTED................................................ ........................................... 1 130.39 3.5 TOTALNET Aa[wIw[NT.........................................,... ............................................................................ 15 ,801.58 48.4 NET AMOUNT PAID BY CITY AT UMC............................................................................................... -.-.*16,816.17 51.6 i . ! SIGNED RESULT OF rOSTCARD SURVEY ORIGINAL /OR AIIAINST NO oSJECTION TI TAL PETITION PAVING I AVINO sus"ITTEO NO. OF FRONT FEET 1,9( i.61 -0- 6 76. 56 1,228.05 PER CENT 1( ).0 35.3 64.5 PARCELS OF PROPERTY 15 -0• 4 11 PER CENT 1( ).0 26.7 73.3 NO. or PROPERTY OWNERS 11 E+ O• 2 9 PER CENT 10.0 18.2 8118 r' I + OWNERS LIVING ON STREET 1 -0- 1 -0- PER CENT 1( 0.0 V 100.0 OWNERS LIVING ELSEWHERE -0 -0- 1 9 PER CENT 1(0.0 10.0 90.0 4� 1 LOFFIC�JAI RFC CRD Y �FCRITARY �DRTH, TE t x X. X31 `HIODA 00003H T�tnjg I b31Sd � Nd g,•. Sa 41 Jci �" a �j 3 AV d-ION Vd O I J a IV I 3z f� '1S N39 9 77 • � ,, 3��HS `� J r Attachment "A" Page 1 of 2 CITY OF FORT WORTH PUBLIC WORKS DEPARMHENT ENGINEERING DIVISION CITY INITIATED PROGRAM COLLARD STREET r PROJECT NO. 104-24000-156- 1 A Neighborhood Hearing was conducted at the City Hall in the Council Chamber at �-^ 7:30 p.m. on January 9, 1947. The procedures concerning owner participation in t the cost of construction, including methods and policies of determining assess- ments, construction standards, and methods of payment were explained to the five people in attendance. 14r. W. Clenton Griffin, 1112 Woodland Drive (Arlington), President of Allied Iron Works, Inc., owner of Block 4-A, Kuykendall's Consolidated Subdivision, and Lots 4, 5, 6, and 7 of Block 8, Normandy Place Addition, inquired about new street grades, methods by which the City encourages competition for paving contracts, and the basis for making assessments. Mr. Griffin objected to assessments at the �- intersection of Collard and Hampshire, spoke against the elimination of head-in parking in connection with the project, and stated in general his opinion that the assessments proposed were in excess of any enhancement caused by the pavii2&. Information was provided that the proposed street grades would vary by less than one root from the existing grades in the vicinity of the Iron Works property. It was explained that the City advertises for bids publicly in the newspaper and that six firms submitted bids for this project. He was informed that the assessment of r frontage along the gradual curve linking Hampshire with Collard was computed in accordance with standard policies and that the property will have access to Collard a - Street for traffic travelling in both directions. Standard policies regarding the construction of stand-up curb for on-street park- ing instead of the more hazardous head-in parking were explained, and information was provided that the assessments were reviewed to assure that the enhancements were equal to or more than the amount being slssessed against the various properties. Mr. Griffin was also assured that standard policies for paving projects are estab- lished by the City Council and that award of the paving contract and the levying of assessments would be subject to a public hearing and City Council approval be- fore the project would be initiated. Mr. Bill Harris, representing the Meadowbrook Lanes, Block 1-A, Kuykendall's ' Consolidated Subdivision asked about the purpose of the project. It was explained that the street was in need of widening and paving, and that drainage was a prob- lem because of the lack of curb and gutter. off1CI.:L RECORD CiTr C�CRETARP FT. LYCRT# TEX. Attachment "A" Page 2of2 r i Mr. Bill Kuykendall, representing Lots A, 1R through 9R of Block 2-A, r.. Kuykendall's Consolidated Subdivision, and Lot 11, Block 11, Normandy Place Addition, stated the opinion that his property would not be en- hanced in the amount of the assessment. He was given information that the City had examined assessments and it had been found that the enhance- ment exceeded the amount of the proposed assessments. Mr. Kuykendall also stated that he had previously installed lay-down curb and gutter adjacent to his property and that subsequent widening and repair of the roadway had covered up the improvements. Public Works Department and property records do not show the existence of lay-down curb and gutter adjacent to Mr. Kuykendall's property, but it has been agreed that credit for existing curb and gutter will be granted if the improvements are uncovered during excavation for the new paving on Collard Street. Mr. ,BB. ,Y. Story of 3300 Hampshire, Lot 34, Block 1, Normandy Place Addition,, also stated his opinion that the property would not be en- hanced by the improvements. RECORD IRY r I f Attachment "B" COLLARD STREET IMPROVEMENT Page 1 of 1 TAP UNDERPASS TO EAST LANCASTER ST. PROJECT NO, 104-24003-156 PER CENT CONTRACTPRICII......................................................... .................... .....................$29,652.50 ENOINEERING ..................................................................................... ....................... 2,965025 ESTIMATED CONSTRUCTION 0061..............................................................................................................st 329617.75 100.0 RESIDENTIAL FOOTAGE................................ 76 4.o COMMERCIAL FOOTAGE.............................. 1,828.61 96.0 TOTALFOOTAGE........................................... 1,904.61 100.0 RESIDENTIAL- ASSESSMENT......................................................>j 675.64 2.1 COMMERCIAL ASSESSMENT.—....................•........................... 16,256.33 49.8 GROSS AMOUNT MIMED...........................................................................................4 16,931.97 51.9 LESS CREDITS GRANT90.................................. .................... . ..... ,.....11, .. 1,130. 3.5 rTOTAL NET AugSMENT.......................... ..............., ........,....................................................................... 15,801.59 48.4 NET AMOUNT PAID BY CITY AT {AR41t........... .............................................................................. ....416,916.17 51•6 SIGNED RESULT OF POSTCARD SURVET ORIGINAL FOR AGAINST NO OGJS'DTION TOTAL PETITION PAVING PAVING SUSMITTED NO. 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