HomeMy WebLinkAboutOrdinance 6076 FT. WORTH, tEX.
ORDINANCE NO. 7 6 --'-
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING
FOR THE IMPROVEMENT OF A PORTION OF NORTH HALF OF COLLINSWORTH STREET
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO ERNEST LOYD AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION;
MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY
INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING
PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVE-
MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH
ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE
ESTIMATES; DIRECTING THE CITY 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 SES-
SION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106; COM-
MONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED
BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMER-
GENCY EFFECTIVE MAY 12, 1967; AND DIRECTING THE CITY SECRETARY TO ENGROSS
AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE
BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPRO-
PRIATE ORDINANCE RECORDS OF THIS CITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Works Director for the City of Fort Worth, Texas, has prepared Plans
and 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 ex-
amined by the City Council of the City of Fort Worth, Texas, and found to be in all mat-
ters and things proper, NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT:
I.
The hereinafter described Plans and Specifications are hereby approved and
adopted.
II.
There exists a public necessity for the improvement of the hereinafter
described portions of streets, avenues and public places in the City of
Fort Worth, Texas, to-wit:
PROJECT NO. 104-24000-183
NORTH HALF OF COLLINSWORTH STREET From Wabash Avenue to University
Drive, known and designated as
Project No. 104-24000-183.
1.TI o
Each of the above described portions of streets, avenues and public
places in the City of Fort Worth, Texas, shall be improved by raising,
grading, and filling same and by constructing thereon the following, to-wit'
NORTH HALF OF COLLINSWORTH STREET From Wabash Avenue to University Drive,
known and designated as Project No. 104-
24000-183; a six-inch thick hot mix
asphaltic concr4te pavement on a six-
inch lime stabilized subgrade on the
north twenty feet of a forty foot roadway.
The above, together with concrete curbs, gutters, driveways and incidentals
to such improvements, on proper grade and line where same are not already
so constructed, together with storm sewers and drains and other necessary
incidentals and appurtenances; all of said improvements to be constructed
as and where shown on the Plans and Specifications therefor.
IV.
The cost of said improvements as herein defined shall be paid for as
follows, to-wit:
A. The property abutting on that portion of the street, avenue or public
place and the real and true owners thereof shall pay all of the cost of curbs and
gutters in front of their property and not exceeding nine-tenths (9/10ths) of the
estimated cost of the remainder of such improvements.
B. The City of Fort Worth shall pay all of the remainder of the cost of
said improvements after deducting the amounts herein specified to be paid by the
abutting properties and the real and true owners thereof as set out in subsection A.
The amounts payable by the abutting properties and the real and true owners
thereof shall be assessed against such properties and the real and true owners there-
of and shall constitute a first and prior lien upon such properties and a personal
liability of the real and true owners there of and shall be payable to-wit:
When the improvements are completed and accepted by the City on a particular
unit, the sums assessed against property abutting upon such completed and accepted
units shall be and become payable in five (5) equal installments, due respectively
on or before thirty (30) days, and one (1) , two (2) , three (3) , and four (4) years
from the date of such completion and acceptance and the assessments against the pro-
perty abutting upon the remaining units shall be and become due and payable in such
installments after the date of completion and acceptance of such respective unit.
The entire amount assessed against the particular parcels of property shall bear
interest from the date of such completion and acceptance of the improvements on the
unit upon which the particular property abuts at the rate of six (6%) percent per
annum, payable annually except as to interest on the first installment, which shall
be due and payable on the date said installment matures provided that any owner
shall have the right to pay any and all of such installment at any time before
maturity by paying principal with interest accrued to the date of payment and further
provided if default be made in the payment of any installment promptly as the same
matures, then at the option of the City of Fort .Worth or its assigns, the entire
amount of the assessment upon which such default is made shall be and become immedi-
ately due and payable; but it is specifically provided that no assessments shall in
any case be made against any property or any owner thereof in excess of the special
benefits to property in the enhanced value thereof by means of said improvements in
the unit upon which the particular property abuts, as ascertained at the hearing pro-
vided by the law in force in the City, nor shall any assessment be made in any case
until after notice of hearing as provided by law. Said assessments against the
respective lots and parcels of property and owners thereof shall be evidenced by
certificates of a special assessment which shall be executed in the name of the City
of Fort Worth, PROVIDED, however, that acting through its duly authorized Director
of Public Works, the City of Fort Worth retaining the right to authorized payment
of the sums assessed against abutting property upon such completed and accepted unit
in not more than forty-eight equal regular monthly installments of not less than
$9.00 each, the first of such installments to become due and payable not more than
30 days after the completion and acceptance by the City of the particular unit,
PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments
of said sums in lesser installments and/or over a longer period of time in cases in
which the Director of. Public Works has previously determined that an extreme financial
hardship upon the property owner will otherwise result and PROVIDED FURTHER, that
such method of payment shall be authorized only in instances where the owner or owners
of property abutting upon such completed and accepted unit shall have executed and
delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's
and materialman's contract upon forms supplied by the City granting a mechanic's lien
upon and conveying the said abutting property in trust to secure the payment by said
owner or owners according to the terms thereof of the sums assessed against such
property.
V.
The assessments against the respective lots and parcels of property and the
owners thereof shall be evidenced by certificates of special assessment, which
shall be executed in the name of the City by the Mayor of said City and the City
Secretary shall attest the same and impress the corporate seal of the City thereon,
and which may have attached thereto coupons in evidence of the several installments,
or in evidence of any of the installments in which the assessment is payable, which
certificates shall be issued to the City of. Fort Worth, shall recite the terms and
time of payment, the amount of the assessment, the description of the property,
and the name of the owners, as far as known, and shall contain such other recitals
as may be pertinent thereto, and shall further recite substantially that all pro-
ceedings with reference to the making of such improvements have been regularly had
in compliance with law, and that all prerequisites to the fixing of the assessment
lien against the property described in said certificates and the personal liability
of the owners thereof, have been regularly had, done and performed, and such re-
citals shall be prima facia evidence of the matters so recited, and no further proof
shall be required in any court, and the said certificates shall provide substantially
that if default be made in the payment of any installment promptly as the same
matures, then, at the option of the City of. Fort Worth, or its assigns, the entire
amount of the assessment shall be and become immediately due and payable, together
with reasonable attorney's fees and costs of collection, if incurred, all of which,
as well as the principal and interest on the assessment, shall be a first and prior
lien against the property, superior to all other liens and claims except State,
County, School District, and City ad valorem taxes . No error or mistake in naming
any owner or in describing any property or in any other matter or thing, shall
invalidate any assessment or any certificate issued in evidence thereof, and the
omission of improvements on any particular unit or in front of any property exempt
by law from the lien of special assessment for street improvements shall not in-
validate any assessment levied. The certificates referred to need not contain
recitals in exactly the works above provided for, but the substance thereof shall
suffice, and they may contain other and additional recitals pertinent thereto.
VI.
Bids having been advertised for as required by Article 1105b of the re-
vised Civil Statutes of Texas, as amended, and the bid of ERNEST LOYD
having been found to be the lowest and
best bid for the making and construction of said improvements, the contract there-
fore is hereby awarded. to ERNEST LOYD
, at and for the prices stated in the Proposal
of said company and as reported and recommended by the Public Works Department, which
said report and recommendation is on file with the City, the City Manager, and the
City Secretary are hereby directed to execute the said contract in the name of the
City of Fort Worth, Texas, and to impress the corporate seal of the City thereon,
the said contract embracing, among other things, the prices for the work.
VII.
To provide for the payment of the indebtedness incurred by the City of
Fort Worth, Texas, by said contract, there is hereby appropriated out of available
funds and current revenues of the City, an amount sufficient to pay said indebtedness
so incurred.
VIII.
The improvements provided for herein shall be made and constructed, notice
given, hearing held and assessment levied and all proceedings taken and had in
accordance with and under the terms of the powers and provisions of Chapter 106 of.
the Acts of the First Called Session of the Fortieth Legislature of the State of
Texas, now known as Article 1105b of Vernon's Texas Civil Statutes, as amended,
which law has been adopted as an amendment to and made a part of the Charter of
the City of Fort Worth, Texas, and under which law these proceedings are taken
and had.
IX.
Each unit above described shall be and constitute a separate and 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.
XI.
The Director of Public Works of the City of Fort Worth, Texas, be and he
is hereby ordered and directed to file with the City Council, estimates of the cost
of such improvements in each unit, in accordance with the terms of the powers and
provisions of the Charter of the City of Fort Worth, Texas.
XII.
The City Secretary is directed to prepare, sign and file with the County
Clerk of Tarrant County, Texas, a notice in accordance with the provisions of the
Act passed at the Fifth Called Session of the Forty-first Legislature of the State
of Texas, and shown as Chapter 21 of the Acts of said Session of the Legislature,
said Act having been passed in the year 1930, and now known as Article 1220a of
Vernon's Texas Civil Statutes.
XIII.
The City Secretary is hereby directed to engross and enroll this ordinance
by copying the caption of same in the Minute Book of the City Council and by filing
the complete ordinance in the appropriate Ordinance Records of this City.
XIV .
This ordinance shall take effect and be in full force and effect from and
after the date of its passage.
PASSED AND APPROVED THIS DAY OL■'■' , 19(,0 .
APPROVED AS TO FORM AND LEGALITY:
City Attorney
NOTICE
THE STATE OF TEXAS
COUNTY OF TARRANT
Notice is hereby given that the governing body of the City of Fort Worth,
Texas, has ordered and determined it to be necessary that the following portion
Of NORTH HALF OF COLLINSWORTH STREET
in the Citv of F'nrt Worth, Tarrant County, Texas, be improved and that a portion
of the cost of such improvement is to be specially assessed as a lien upon the
property abutting thereon, said portion of'.street in the City of Fort Worth, Texas,
being as follows:
JMRTH HALF AFJ&UIBSW&TK STREET From Wabash Avenue to- University Drive,
]mown and designated as Project No. 104-
24000-183.
IN TESTIMONY WHEREOF, the City of Font Worth has cauk48' ttiis instrument to
be execut d in its behalf and signed by its Mayor, this /J"�day of
A.D. , lg�.
CIS F FORT TH
ATTES
City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State
and County aforesaid, on this day personally appeared R. /Z '5 o ✓h`��
known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act and deed of the City
of Fort Worth, a municipal corporation of Tarrant County, Texas, and as the Mayor
thereof, and for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
ACD. , 1gGy.
Notary Public in and for
vot2163 r)r1n Tarrant County, Texas
i
City of Fort Worth, Texas
fi Mayor and Council Communication
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER Paving of North Half of
4/7/69 C - 1458 Collinsworth Street loft_
lAiIAFNN
Council action on the project described below is requested.
NB
)RPHIS Project Description
&B, Nature of work: Assessment Paving of North Half of Collinsworth Street
;RAHAM Roadway
�r Unit Street Limits Width R.O.W.
1 N. Half of From Wabash Avenue' 20 30
Collinsworth Street to University Drive
This project was initiated by the City to complete the paving of Collinsworth
Street making the finished roadway 40 feet wide with a 60 foot right-of-way.
Submission of Bids
The following bids have been received:
Bidder Amount
Ernest Loyd $ 9,198.65
Glade, Inc. $10,874.10
Austin Road and
Worth Construction Co. $10,968.78
Texas Bitulithic Co. $11,485.91
Working Days Allotted: 15
The neighborhood hearing scheduled for March 28, 1969, was waived by request
of the only property owner with property abutting on this portion of
Collinsworth Street.
Project Cost and Financing
Based on the low bid, approximately $5,227.70 will be assessed against the
abutting property owner. The cost to the City-at-large will be approximately
$5,000.00, including engineering and miscellaneous expenses. A bond fund
transfer from unspecified funds is proposed to provide for the City's portion
of the cost of the project.
Recommendations
It is recommended that:
1) The following bond fund transfers be approved:
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER Paving of North Half of
4/7/69 C - 1458 2 or 2
Collinsworth Street
Amount From To Reason
$5,227.70 Revolving Fund, Collinsworth Street Property Owners'
042-09724-901 Improvements, Portion of construc-
104-24000-183 tion cost.
$5,000.00 Unspecified Projects Collingpgrth Street City's Portion of
104-24000-901 104-24000•-183 construction,
engineering and mist.
cost.
2) An ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Making provisions for levying of- assessments;
c) Directing the Public Works Department to prepare estimates of costs
and amounts to be assessed;
d) Awarding a contract to Ernest Loyd in the amount of $9,198.65;
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 cost and amounts proposed to be assessed;
and,
b) Setting May 5, 1969, as the date of the Benefit Hearing.
HDM:Jp
The following summaries are attached:
"A" - Map of Project
"B" - Engineers' Preliminary Rolls
SUBMITTED BY: DISPOSITION COUNCIL: PROC B
g_ PPROVED ❑ OTHER (DESCRIBE)
G' O / .��/✓�! 1 CITY SECRETARY
q , D�117
� �f.�c 1.
CITY MANAGER
PROJECT NO . 104 - 24000 - 183
NORTH HALF OF COLLINSWORTH ST.
COLLINSWORTH STREETrn
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PRO ED PAVING
From Wabash Avenue to University Drive
FORT WORTH, TEXAS
19
TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS.
Gentlemen:
In accordance with the proceedings of your Honorable Body, I have prepared
estimates of the cost of street improvements as shown below:
Estimates of the total cost of improvements on a portion of NORM HALF OF
COLLINSWORTH STREET and portions of sundry other streets,
avenues and public places in the City of Fort Worth, Texas, and estimated amounts per
front foot to be assessed against abutting property and the owners thereof, on each
portion of street, avenue and public place are as follows, to-wit:
NORTH HALF OF COLLINSWORTH STREET FROM WABASH AVENUE TO UNIVERSITY DRIVE, to be improved
by constructing a six-inch thick hot-mix asphaltic concrete pavement on a six-inch thick
lime stabilized subgrade, seven-inch high concrete curbs and two-foot wide concrete gutters
on the north twenty feet of a forty foot roadway and by constructing a six-inch thick
concrete driveway where specified.
The following assessment rates have been established:
Seven-inch curb and two-foot gutter. .... .............. ....$4.48/L.F.
Six-inch hot-mix
ic concrete pavement
Six-inch thick concrete tdriveway. ....... ................. I.2 /L:F:
y 1 22/S F
The assessment results in the following division of costs:
Total cost to Property Owners. .. .....*- *-*-9$5j,227-70
Total cost to City of Fort Worth. ........... 4,890.82
TOTAL ESTIMATED CONSTRUCTION COST. ....... ..............$10,118.52
_PROJECT NO. 104-24000-183, NORTH j OF COLLINSWORTH STREET FROM EAST LINE OF WABASH AVENUE
TO UNIVERSITY DRIVE, to a improved with six-inch thick of-mix asphaltic'c concrete pavement
on a six-inch thick lime stabilized subgrade, seven-inch high concrete curbs and two-foot
wide concrete gutters, so that the finished roadway will be 40 feet wide and by construct-
ing a six-inch thick concrete driveway where designated.
BLOCK
OWNER LOT ZONING FRONTAGE RATE ANDUNT ASSESSMENT
MLCHAEL HUGHES ESTATE
Mrs. Gladys O'Reilley Tract 6 400' Pavement $8.33 $3,332•00
c/o Dr. Charles W. Ind. 400' Curb & Gutter 4.48 1,792.00
Drechsel III 85 S.F. Drive 1.22 103.70
1414 Texas Street $ 5,227.70
Fort Worth, Texas 76102
COST TO PROPERTY OWNER - ASSESSMENT $5,227.70
COST TO CITY OF FORT WORTH 4,890.82
TOTAL ESTIMATED COST $IOP118.52