HomeMy WebLinkAboutOrdinance 5893 r `
ORDINANCE NO_ -5 9?,3
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID-
ING FOR THE IMPROVEMENT OF A PORTION OF _
i0_ROAD AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS;
LETTING CONTRACT TO Austin Road, Worth ConstruCtion $ C. Cohen, Inc.FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS
EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBT-
EDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESS-
MENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS.THEREOF FOR A PART
OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CER-
TIFICATES 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 SUBSE-
QUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENT ARE AND SHALL
BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEG-
ISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE
1105b OF VERNON'S TEXAS CIVIL STATUTES; 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 ORDI-
NANCE 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 Speci-
fications for the improvements of the hereinafter described portions of streets, avenues and public places in the
City of Fort Worth, Texas, and same having been examined by the City Council of the City of Fort Worth,
Texas, and found to be in all matters and things proper, NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT:
I.
The hereinafter described Plans and Specifications are hereby approved and adopted.
I I.
There exists a public necessity for the improvement of the hereinafter described portions of streets, av-
enues and public places in the City of Fort Worth, Texas, to-wit:
1. Odom Road: From 50 feet West of the West line of Old Denton Road to the
West line of I.H. 35W, known and designated as Unit 1, Project
No. 104-24000-168.
2. Old Denton Road: From the North line of Odom Road to 1,581 feet North, known and
designated as Unit 2, Project No. 104-24000-169.
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:
1. Odom Road: From 50 feet West of the West line of Old Denton Road
to the west line of I.H. 35W, known and designated as
Unit 1, Project No. 104-24000-168, a 8 inch hot mix
asphaltic concrete pavement, a lime treated sub-grade
on a 36 foot roadway.
2. Old Denton Road: From the north line of Odom Road to 1,581 feet North,
known and designated as Unit 2, Project No. 104-24000-169,
a 7 inch Hot mix asphaltic concrete pavement with a lime
treated sub-grade on a 64'roadway.
The above,together with combined concrete curbs and gutters on proper grade and line where same are not
already so constructed, together with storm sewers and drains and other necessary incidentals and appurten-
ances; 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 deduct-
ing 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 thereof and shall constitute a first and prior lien upon
such properties and a personal liability of the real and true owners thereof, and shall be payable, to-wit:
When the improvements are completed and accepted by the City on a particular unit,the sums assessed
against property abutting upon such completed and accepted unit shall be and become payable in five (5) equal
installments, due respectively on or before thirty (30) days, and one (1), two (2), three (3), and four (4)
years from the date of such completion and acceptance,and the assessments against the property abutting upon
the remaining units shall 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%a) per cent 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 princi-
pal 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 immediately due and
payable; but it is specifically provided that no assessment 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 provided by
the law in force in the City, nor shall any assessment be made in any case until after notice of hearing as pro-
vided 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 authorize payment of the sums assessed against abutting property upon such com-
pleted 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 em-
powered 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 there-
of 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 pertin-
ent thereto, and shall further recite substantially that all proceedings 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 there-
of, have been regularly had, done and performed, and such recitals shall be prima facia evidence of the matters
so recited, and no furtlier proof shall be required in any court, and the said certificates shall provide substan-
tially 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 wtih 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 invalidate any assessment levied. The certificates referred to need not contain recitals
in exactly the words above provided for, but the substance thereof shall suffice, and they may contain other
and additional recitals pertinent thereto.
VI.
Bids having been advertised for as required by Article 1105b of the revised Civil Statutes of Texas,
and the bid of Austin Road, Worth Construction & C.Cohen, Inc., having been found to be the lowest
and best bid for the making and construction of said improvements, the contract therefore is hereby awarded to
Austin Rd. Worth Coast. & C. Cohen, Inc. , 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 recom-
mendation is on file with the City. the City :Manager, and 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.
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 shown as Article 1105b of Vernon's Texas Civil Statutes, which law has been adopted as an amend-
ment to and made a part of the Charter of the City of Fort NA'orth.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.
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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.
XIL
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 shown 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 t4nd after the date of its passage.
PASSED AND APPROVED THIS._. a�L—__ DAY OF ���P�K��1� 19&—.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
"X31 `I1180►A '13
';t4-.
I � t
Attachment "B"
Page 1 of 2 Odom Road
Project No. 104-24000-168
Unit 1 PER
CENT
CONTRACTPRICE.._...................... .............................................................
ENGINEERING ................. ................................... .....,................., ........... 320_1.
ESTIMATED CONSTRUCTION COST......................................................................................... ... ...._........i 69,521.43 100.0
RESIDENTIAL FOOTAGE............................... -0-
COMMERCIAL FOOTAGE ............. . ... ..._ 2,355 100.0
TOTAL FOOTAGE _.._.._ ._.. .... 2,355 100.0
RESIDENTIAL ASSESSMENT..__..... _... . . ..... ..................i -0-
COMMERCIAL ASSESSMENT... ....._.........._................. ...... 21,689.55 31.2
GROSS AMOUNT ASSESSED _ ... ........ .... ._ _._.._ i 21,689.55 31.2
LESS CREDITS GRANTED. _ .___,_... .. ......... ..__.._ _ ...., _._ 814.65 1.2
TOTAL NET ASSESSMENT.... ..... ..._ .... ......... .................... ...............__... .. _...... _ 20,874.90 30.0
NET AMOUNT PAID BY CITY AT LARGE..... ............... . _ .. ....... _ _ .. _ ._ _ i 48,646.53 70.0
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR AGAINST NO OBJECTION
TOTAL PETITION PAVING PAVING SUBMITTED
NO. OF FRONT FEET 2,355
PER CENT 100.0 No Survey Conducted
PARCELS OF PROPERTY 2 E
PER CENT 100.0 I4
00
a
1,4
NO. OF PROPERTY OWNERS 2 N
PER CENT 100.0
Gl
OWNERS LIVING ON STREET -0-
PER CENT -0- O
F4
a
OWNERS LIVING ELSEWHERE 2 FI
PER CENT 100.0
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ro
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OFFICIAL RECORD
CITY SECRETARY
FT. 12'3?-IT11, TEX.
Attachment "B"
Page 2 of 2
Old Denton Road
Project No. 104-24000-169 PER
Unit 2 CENT
CONTRACTPRICE.__.. ..._........... ... . ........... ........................................ ..... ...... .S 61,804.90
ENGINEERING ... ... . ......_.... _........_..... .. 6,180.49
ESTIMATED CONSTRUCTION COST. ......... ... ..................................................... ................ ......... ......S 67-985.39 100.0
RESIDENTIAL FOOTAGE. _............... ....... _0-
COMMERCIAL FOOTAGE........ ........ ..... .... 3,082 100.0
TOTAL FOOTAGE _ __ . .. 3,082 100.0
RESIDENTIAL ASSESSMENT....... _. .. __ ..................$ -0-
COMMERCIAL ASSESSMENT . ........... .. ...... 25,734. 70 37.8
GROSS AMOUNT ASSESSED.. . . . .. _ ............. ..._.......... .._ . .. ..... ._ . S 25,734.70 37.8
LESS CREDITS GRANTED.. ... .. ... ...__.. ....... .._ ............ ._ 1,260.38 1.8
TOTAL NET ASSESSMENT...... _ _ ... ............... ... ...,. ... ._. .... 24,471.32 36.0
NET AMOUNT PAID BY CITY AT LARGE..... .............. $ 43,514.07 64.0
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR AGAINST NO OBJECTION
TOTAL PETITION PAVING PAVING SUBMITTED
NO. OF FRONT FEET 3,082
PER CENT 100.0 No Survey Conducted
a�
G
PARCELS OF PROPERTY 3
PER CENT 100.0 0)
7
O
w is
NO. OF PROPERTY OWNERS 2
PER CENT 100.0 H b0
O
C P+
OWNERS LIVING ON STREET -0-
JJ
•rl
PER CENT -0- �
U
OWNERS LIVING ELSEWHERE 2
PER CENT 100.0
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11
CITY SgRET ARY
City of Fort Worth, Texas
Mayor -and Council Communication ,
DATE REFERENCE SUBJECT: Award of Contract - Odom Road, PA
NUMBER Old Denton Road and Little Fossil
1 of +qFAHAt
12/4/67 C-1110 Creek Bridge CIP A-165
Council action on the project described below is requested:
Proiect Description
Nature of Work: Widening and paving of Odom Road from Old Denton Road to IH 35W,
Old Denton Road from Odom Road to IH 820 and the construction of Little
Fossil Creek Bridge on Old Denton Road. The improvements are included in
the Capital Improvement Program (CIP A-165).
Roadway
Unit Street Limits Width R.O.W.
1 Odom Road Old Denton Road to IH 35W 36 feet 74
2 Old Denton Road Odom -Road to 1,581' North 64 feet 120
3 Old Denton Road 1,581' North-of Odom Road to 64 fee'C' `120
IH 820
4 Little Fossil Creek Bridge on Old Denton Road
Submission of Bids
Bidder Amount Bid Working Days
Austin Road, Worth Construction & C. Cohen, Inc. $308,830.20 240
Texas Bitulithic Company 324,417.91 240
S.R.O. Asphalt, Inc. , Arlington, Texas 336,470.58 240
Glade, Inc. 346,017.71 240
Darco Construction Co. , College Station, Texas 380,650.54 240
Bids were received November 7, 1967.
Proiect Cost and Financing
The construction of Odom Road, Unit I, will provide for the assessment paving of
the north. lane only of a future 72 foot roadway. The property abutting Unit I
on the south will not be assessed at this time. Unit 3, Old Denton Road from
1,581 feet north of Odom Road to IH 820 and Unit IV, Little Fossil Creek Bridge,
are being improved in accordance with the provisions of a Community Facilities
Agreement with the Great Southwest Corporation approved by the City Council or
February 27, 1967 (M&C C-887).
Based on the low bid of Units 1 and 2, approximately $4 EIAI w R (m� assessed
against abutting property owners. The cost to the City a arge w e approxi-
mately $92,160.60, including engineering and miscellane uR PHORIIARY
EiL In accordance with the Community Facilities Agreement t eFst@Rt��d '� it to the
developer for storm drain construction, bridge construc rb and
gutter is approximately $104,029.00 for Units 3 and 4. The cq�.q t;� e. ,City,-at-
large will be approximately $86,806.50 including engineering•and mfLsceilaneous
expenses.
DATE REFERENCE SUBJECT: Award of Contract - Odom Road, PAGE
NUMBER Old Denton Road and Little Fossil
12/4/67 C-1110 Creek Bridge CIP A-165 Z °} 2
The developer has deposited $16,720 (the developer's portion of the Little
Fossil Creek Bridge) and will deposit the balance ($87,309) prior to the
benefit hearing.
Recommendations
It is recommended:
1) That the following Bond Fund Transfers be approved:
Amount From To Purpose
$20,874.90 Revolving Fund Odom Road Property owners ' portion of
042-09724-901 042-09724-168 construction cost
$48,646.53 Unspecified Odom Road City's portion of construc-
104-24000-901 104-24000-168 tion cost
$24,471.32 Revolving Fund Old Denton Road Property owners ' portion of
042-09724-901 042-09724-169 construction cost
$43,514.07 Unspecified Old Denton Road City's portion of construc-
104-24000-901 104-24000-169 tipn cost
$60,000.00 Streetsin New De- GSC Mark IV City's portion of construc-
velopments Unspeci- 104-36000-202 tion cost
fied (future sales)
104-36000-901
2) That an ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Ordering the Public Works Department to prepare estimates of cost and
amounts proposed to be assessed;
c) Making provisions for levying of assessments;
d) Awarding the contract to Austin Road, Worth Construction and C. Cohen,
Inc. , on its low bid of $308,832.20; and,
e) Making appropriations to cover the indebtedness t'� �i or
improvements to the project named above. ri P
3) That an ordinance be adopted: CITY SECRETARY
a) Approving the estimates of cost and amounts pro f d V"UHJJ_ ss�d;
and,
b) Setting January 3, 196: as the date of the Benefit Hearing.
HDM:lp
The following summary is attached: "B" - Distribution of cost.
SUBMITTED BY: DISPOSITI0 COUNCIL: PROCESSED BY
APPROVED b LjTIlER (DESCRIBE)
/ 3 Q�c� q CITY SECRETARY
/ "'!�� y2E �. q�T/�� •. �r i A✓E.�+e� DATE
-5--k� 19
CITY MANAGER