HomeMy WebLinkAboutOrdinance 6991 y
ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF BOLT STREET
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO AUSTIN ROAD COMPANY AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU-
TION; MAKING APPROPRIATIONSS 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
IMPROVEMENTS AND 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 ARE 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
BY 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 BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF
THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE
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 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.
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:
BOLT STREET From Hemphill Street to May Street, known and
designated as Project No. 104-22000-146,
III
Each of the above described portions of streets, avenues and public places in the City of Fort Worth,
Texas, shall be improved by raising, grading, and filling same and by constructing thereon the following, to-wit:
BOLT STREET From Hemphill Street to May Street, known and
designated as Project No. 104-22000-146, a
seven-inch thick reinforced concrete pavement on
a six-inch thick lime stabilized subgrade with
seven-inch high superimposed concrete curb on a
forty-four foot roadway. Four-foot wide concrete
sidewalk and six-inch thick concrete driveways
will be constructed where specified.
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
i
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 i�.ens 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 ocher 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 othe- and additional recitals pertinent thereto.
VI.
Bids having peen advertised for as required by Article 1105b of the re-
vised Civil Statutes of Texas, as amended, and the bid of AUSTIN ROAD COMPANY
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 AUSTIN ROAD COMPANY
, at and for the prices stated in the Proposal
of said company and as reported and recommended by the Public Works Department, which
said report and recommendation is on file with the City, the City Manager, and the
City Secretary are hereby directed to execute the said contract in the name of the
City of Fort Worth, Texas, and to impress the corporate seal of. the City thereon,
the said contract embracing, among other things, the prices for the work.
VII.
To provide for the payment of the indebtedness incurred by the City of
Fort Worth, Texas, by said contract, there is hereby appropriated out of available
funds and current revenues of the City, an amount sufficient to pay said indebtedness
so incurred.
VIII.
The improvements provided for herein shall be made and constructed, notice
given, hearing held and assessment levied and all proceedings taken and had in
accordance with and under the terms of the powers and provisions of Chapter 106 of
the Acts of the First Called Session of the Fortieth Legislature of the State of
Texas, now known as Article 1105b of Vernon's Texas Civil Statutes, as amended,
which law has been adopted as an amendment to and made a part of the Charter of
the City of Fort Worth, Texas, and under which law these proceedings are taken
and had.
IX.
Each unit above described shall be and constitute a separate and 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 TEAS 0;&12 h(,( DAY OF 126' 19 .
APPROVED AS TO FORM AND LEGALITY:
� I t
City Attorney
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PROJECT NO. 104 - 22000 -146
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-1 � TEXAS STEEL
END PROP. H
PAVEMENT
END PRO,.
BOLT ST
BEG. PROJ.
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SEMINARY SOUTH SHOPPING CENTER
BOLT Sl~ RE ET Hemphill to May
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CITY OF FORT WORTH
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
ASSESSMENT PAVING ON BOLT STREET
PROJECT NO. 104-22000-246
On Monday, April 8, 1974, a Neighborhood Meeting was conducted by the Engineering
Division of the Public Works Department for the Assessment Paving on Bolt Street.
Procedures concerning proposed improvements, owner participation in costs and methods
of payment were explained by Odell Schmidt to the five persons attending.
After this explanation the meeting was opened for questions and answers,
Mrs, Ioma Inskeep, owner of Lots 1 thru 7, Block 1, South Side Addition, said that
in her opinion the street was adequate and that she felt the improvements would only
be of benefit to the Seminary South Shopping Center,
Mr, John Ho James, president of Liberty Manufacturing Company, also objected to the
improvements. He asked for a reason for the proposed sidewalks. Mr. Schmidt explain-
ed that the sidewalks were necessary for the protection of the pedestrians,
Mr, Charles Bo Harris, attorney for Liberty Mfg, Co, questioned the amount of the
benefit to the property that he represented,
Mr, E. A. Roberts and Mr, David Mitchell, co-owners of Lots 8, 9 and 10, Block 1,
South Side Addition, both agreed that the improvements were needed and would enhance
the property in the whole area.
After a short general discussion, the meeting was adjourned.
FORT WORTH, TEXAS
April 22 , 19 74
TO THE HONORABLE CITY 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 below:
Estimates of the total cost of improvements on a portion of Bolt 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:
PROJECT NOo 104-22000-146, BOLT STREET FROM HEMPHILL STREET TO NAY STREET, to be
improved by constructing a seven-inch thick reinforced concrete pavement on a six-inch
thick lime stabilized subgrade with sevenLinch high super-imposed concrete curb on a
forty-four foot roadway. Four-foot wide concrete sidewalk and six-inch thick concrete
driveways will be constructed where specified.
The following assessment rates have been estabilished:
Seven-inch reinforced pavement
(Industrial zoning less .27 credit for existing penetration) ...$29.81/L.F,
(Industrial zoning less .27 credit for existing penetration
less owner occupied credit).. ... .......... .... ..o. ..... o......$17.25/L.Fo
Seven-inch super-imposed concrete curb.. .... ... ... ......... ... .. .$ 1.54/L,F.
Four-foot concrete sidewalk...... . ... ... . ..... ...... ...... . .... ..$ 4.45/L.F.
Six-inch thick concrete driveways,,, ,,,,,, ,, ,,,,,, ,,, ,,,,,, ,,,, ,,$ 1.16/S.F.
The assessments result in the following division of cost:
TOTAL COST TO PROPERTY OWNERS.. ... .... ... .$ 39,733.62
TOTAL COST TO CITY OF FORT WORTH..........$ 62,164.12
TOTAL ESTMTED CONSTRUCTION COST. ........$101,897.74
CR M. GRAHAM, P. E.
CITY ENGINEER
PROJECT NO. 104-22000-146, BOLT STREET FROM HEMPHILL STREET TO MAY STREET, to be improved
by constructing a seven-inch thick reinforced concrete pavement on a six-inch thick lime
stabilized subgrade with seven-inch high super-imposed concrete curb on a forty-four foot
roadway. Four-foot wide concrete sidewalk and six-inch thick concrete driveways will be
constructed where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NORTH SIDE E. P. PARRIS SURVEY
Beginning at the northeast corner of Hemphill Street and Bolt Street.
Liberty Mfg. Company Tract A 535' Pavement $29.81 $15,948.35
4025 Hemphill Ind. 535' Curb 1.54 823.90
76115 425' Sidewalk 4.45 1,891.25
362 Sq. Ft. Drive 1.16 419.92
$19,083.42
Railroad Crossing 100' No Assessment
North Texas Steel Co. Tract 3 325'
P.O. Box 2497 Ind. 219' Sidewalk $ 4.45 $ 974.55
76101 611 Sq. Ft. Drive 1.16 708.76
$ 1,683.31
May Street Intersects
SOUTH SIDE
Homart Development Co. Tract 2 295' Sidewalk $ 4.45 $ 1,312.75
Dept. 568 SW Ind.
Sears Roebuck Co. $ 1,312.75
653 Seminary South
Fort Worth, Texas 76115
Railroad Crossing 100, No Assessment
PROJECT NO. 104-22000-146, BOLT STREET FROM HEMPHILL STREET TO MAY STREET,
Continued
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
SOUTH SIDE ADDITION
Mrs. Ioma Inskeep 1 thru 5 1 210' Pavement $29.81 $6,260.10
533 W. Bolt Ind. 200' Curb 1.54 308.00
Fort Worth, 76115 102' Sidewalk 4.45 453.90
622 Sq. Ft. Drive 1.16 721.52
$7,743.52
Mrs. Ioma Inskeep 6 & 7 1 801 Pavement $29.81 $2,384.80
533 W. Bolt Ind. 80' Curb 1.54 123.20
76115 58' Sidewalk 4.45 258.10
126 Sq. Ft. Drive 1.16 146.16
$2,912.26
David E. Mitchell & 8 thru 10 1 120' Pavement $29.81 $3,577.20
Everett E. Roberts Ind. 120' Curb 1.54 184.80
4804 Boulder Run 98' Sidewalk 4.45 436.10
76109 126' Sq. Ft. Drive 1.16 146.16
$4,344.26
Mrs. Ida Derden 11 1 Owner Occupied
4101 Hemphill Comma. 126' Pavement $17.25 $2,173.50
108' Sidewalk 4.45 480.60
$2,654.10
TOTAL COST TO PROPERTY OWNERS...... . ..$ 39,733.62
TOTAL COST TO CITY OF FORT WORTH. .... .$ 62,164.12
ESTIMATED CONSTRUCTION COST.. ....... ..$101,897.74
city of Fort Worth, Texas
Mayor, and Council Communication
DATE REFERENCE SUBJECT: PAGE
of Contract - Bolt Street PAGE
ow►H"�" 3
4/22/74 C-2785
Improvements i of
City .Council action is requested as described below:
Pro ect .Descg&tiOn.
Roadway Width R.O.W.
Street Limits Feet Vidth-Feet
Bolt Street Hemphill Street to 44 60
May Street
The 1973 Capital Improvement Program (Page A-29) provides for the widening and
improvement of the existing asphalt and gravel surface of Bolt Street from Hem-
pull to May Street.. Bolt Street is an Arterial .Street with a traffic count of
3408 vehicles per eight hour (10 A,M�. to 6 P,M,) period, east and west bound and
the secti,on .from the North-South Freeway to May Street has already been widened
and improved with industrial type pavement. The completion of this section will
provide improved access to the heavy industry on the north as well as to Seminary
South and the South Freeway from Hemphill Street.
im rovements
This section of Bolt Street will be improved with industrial grade concrete pave-
meth with superimposed curbs, concrete: driveway approaches and four--foot wide con-
crete sidewalks. Also included is an extensive storm drain improvement to serve
this sectd_on of Bolt Street and leading south along the railroad right-of-way to
Malta Street.
Improvements at the M.&T, railroad crossings will consist of storm drain improve-
ment, extending the plank crossings from 40-foot width to 64.-foot width, and re-
locating the existing crossing protective 'dev3aces,
Railroad Agreement
It will be necessary for the 'City to enter into an agreement with the Missouri-
Kans.as-Texas 'Railroad Company for improvements to the railroad crossing. It is
proposed that:
a) The Railroad Company agree to install 64,-foot fully
fabricated crossings over their main line tracks,
passi�ig track, and industry track at Bolt Street and
that the City share in the cost of the planking by `
assuming the cost of extending the three track ctoss-
ings an additional 12;feet on each side., the cost to
the City being $1,437.1
b) The Railroad Company relocate its existing crossing
signals and the Citi}� reimburse the Railroad for two-
thirds of any and all sums expended therefore, in accord--
ance'with present City polio*. �stimgted City cost is $966.61.
DATE REFERENCE SUBJECT: Award of Contract - Bolt Street NUMBER 2 PAGE
4/22/74 UMBERC-27 Improvements or
Submission of Bids
The following bids have been received:
Bidder Amount
Austin Road Company $922,4.31
James W. Jackson Construction Company, Inc. 94',229.70
Texas Bitulithic Company 97,154.45
J. L. Bertram 'Construction & Engineering, Inc. 99,324.96
The following contractors took plans and specifications but did not submit bids:
Glade, Inc.
Lewis & Lewis, Inc.
E. H. Shaw Construction Company
Bids Received: March 28, 1974
Working Dais Allotted: 44
Proposed Assessments and Enhancement AD, ram isals
Adjacent to this section of Bolt Street there are several unusual conditions as
related to assessment costs to adjacent benefitted property. The zoning and
use of properties is mixed with a number of parcels being vacant. Consequently,
an indep4ndent land appraiser 'has been retained to appraise the adjacent prd-
perties as to enhancement resulting from the proposed street improvement. Result
of the appraisal will be presented at the Benefit Hearing.
Project Cost and Financing
Based on the low bid, approximately $39,733.62 will be assessed against abutting
property owners, which will be provided for by a Bond Fund transfer from the Re-
volving Fund Unspecified, Cost to the City for construction, inspection engineer
ing, administration and miscellaneous costs is approximately $62,164.12. The
estimated cost to the City for relocating the existing railroad crossing protect-
ion devices is $966.67, plus $2,437 for extending the three fabricated crossings,
making the total project cost to the City $65,567.79. A Bond Fund Transfer of
$5,770 is required from Miscellaneous Streets Unspecified, Account No. 104-35000-
901, to supplement the $59,800 remaining available in Project Account No. 104-
22000-146.
Recommendations
It is recommended that:
(1) The following Bond Fund Transfers be approved;
Amount From To Reason
$5,770 Miscellaneous Streets Arterial Streets To provide additional.
Unspecified 104-35000- Bolt Street funds for City's share
901 104-22000-146 of construction,
DATE REFERENCE SUBJECT: PAGE
4/22/74 NUMBER Award of Contract -- Bolt Street 3 3
C-2785 of
Amount From To Reason
inspection engineering
and administrative
salaries, relocation of
railroad signal's and
fabricated railroad
crossings, to the exist-
ing $59,800 available
in the project account.
$39,733.62 Unspecified Revolving Bolt Street To provide funds for
Fund 042•-09724-901 Revolving Fund property owners' share
042•-10422,146 of construction cost of
Bolt Street Improvement
(2) The City Manager be authorized to execute the proposed agreement
with the Missouri-Kansas-Texas Railroad Company.
(3) 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 .Director to prepare estimates of
costs and amounts to be assessed;
d) Awarding the contract to Austin Road Company, in tke amount
of $42,634.41p,and,
e) Making appropriations to cover indebtedness thereby incurred
for improvements of the project named above.
(4) An ordinance be adopted:
a) Approving the estimates of costs and amounts proposed to be
assessed; and,
b) Setting May 20, 1974, as the date of the Benefit Hearing.
RNL:hlc
Attachment
SUBMITTED BY: DISPOSITIO Y COUNCIL: PROCESSED BY
APPROVED ❑ OTHER (DESCRIBE) yo
dopted Ordinance Noz e/Declaring Necessity CITY SECRETARY
& Ordering Paving, & Ordinance No. ��Q�a DATE
CITY MANAGER Settiniz Date of .Benefit flea in . '� 1