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HomeMy WebLinkAboutOrdinance 4569 ORDINANCE NO. _ OFFICIAL RECORD CITY SECRETARY AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AN FT. WORTH, TEX. PROVIDING FOR THE IMPROVEMENT OF A PORTION OF KILPATRICK AVENUE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO W.E. BRITTAIN, 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 IMPROVEMENTS AND THE ISSUANCE OF ASSIGN- ABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE PUB- LIC 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 ORDI- NANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVE- MENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COM- MONLY 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 BOOK 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 improvement 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: 1. Kilpatrick Avenue From the East line of Bourine Street to the Fast line of Faron Street Known and designated as Unit No. 1 2. Geddes Avenue From the West line of Bourine to 101 west of the West line Lot 2, Block 38, Chamberlin Arlington Heights, 2nd Filing. Known and designated as Unit No. 2 3. Diaz Avenue From the West line of Littlepage Street to the East line of Guilford Road. Known and designated as Unit No. 3 4. Humbert Avenue From the West line of Prevost Street to the East line of Hervie Street. Known and designated as Unit No. 4 5. Fletcher Avenue From the West line of Prevost to the East line of Hervie Street. Known and designated as Unit No. 5 6. Diaz Avenue From the West line of Como Avenue to the East line of Hervie Street. Known and designated as Unit No. 6 7. Libbey Avenue From the West line of Littlepage Street to the West line of Guilford Road. Known and designated as Unit No. 7 -1- 8. Geddes Avenue From the West line of Littlepage Street to the East line of Guilford Road. Known and designated as Unit No. 8 9. Wellesley Avenue From the West line of Faron Street to the East line of Horne Street. Known and designated as Unit No. 9 10. Wellesley Avenue From the West line of Prevost Street to the East line of Hervie Street. Known and designated as Unit No. 10 11. Faron Street From the North line of Bonnell Avenue to the North line of Wellesley Avenue. Known and designated as Unit No. 11 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: Kilpatrick Avenue, Unit No, 1: 7" cement stabilized gravel base, 34" hot mix asphaltic concrete surface on 361 roadway width. Geddes Avenue,Unit No. 2: 7" cement stabilized gravel base, lilt hot mix asphalt concrete surface on 30' roadway width. Diaz Avenue, Unit No. 3: 7" cement stabilized gravel base,li" hot mix asphalt concrete surface on 36' roadway width. Humbert Avenue, Unit No. 4: 711 cement stabilized gravel base, lilt hot mix asphalt concrete surface on 36, roadway width. Fletcher Avenue, Unit No. 5: 7" cement stabilized gravel base, lj" hot mix asphaltic concrete surface on 361 roadway width. Diaz Avenue, Unit No, 6: 7" cement stabilized gravel base, 12" hot mix asphaltic concrete surface on 36t roadway width. Libbey Avenue, Unit No. 7: 7" cement stabilized gravel base, lilt hot mix asphaltic concrete surface on 36' roadway width. Geddes Avenue, Unit No. 8: 7" cement stabilized gravel base, lilt hot mix asphaltic concrete surface on 36' roadway width. Wellesley Avenue, Unit No. 9: 711 cement stabilized gravel base, 12" hot mix asphaltic concrete surface on 36' roadway width. Wellesley Avenue, Unit No. 10: 7" cement stabilized gravel base,41" hot asphaltic concrete surface on 36' roadway width. Faron Street, Unit No. 11: 7" cement stabilized gravel base, 12" hot mix asphaltic concrete surface on 30' roadway width. 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 appurtenances; all of said improvements to be constructed as and where shown on the Plans and Specifications, therefore. —2— IV. The cost of said improvements as herein defined shall be paid for as follows, t o-wit: A. The property abutting on that portion of the street, avenue or public place and the real and true owners thereof shall Fay all of the cost of curbs and gutters in wont 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 Fay 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 andtrue owners thereof as set out in subsection A. The amounts payable by the abutting properties and the real and t rue 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 as follows, to-wit: When the improvements are completed andraccepted by the City on a particular unit, the sums assessed against properly 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, 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 per cent (6%) 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 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 fo 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 and hearing as provided by law. Said assessments against the respective lots and parcels of property and owners there- of 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 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 com- pletion 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 pre- viously determined that an extreme financial hardship upon the property owner will other- wise result; and PROVIDED FURTHER, 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. 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 —3— substantially that all proceedings withreference to the making os 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 recitals 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 t he 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 ofimprovements on any particular unit or in front of any property exemp 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 to word 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 W. E. Brittain, 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 W. E. Brittain, 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 withthe 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. 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 assessments levied and all proceeding 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 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 improve- ments in each unit according to the cost of the improvements in the unit and according tot he benefits arising from the improvements in any other 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 provision of the Charter of the City of Fort Worth, Texas. -4- XII. The City Secretary is directed to prepare, sign and file with t he 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 being 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 and after the date of its passage. PASSED AND APPROVED THIS �l DAY OF 196-7,. APPROVED AS TO FORM AND LEGALITY: City Attorney —5� r CI' ' OF FORT WORTH, TE A IT OF FORT WORTH THE SUBJECT MATTER OF THIS M.& C.C. �rti• o`�Lu-(�.•� WAS PRESENTED TO THE CITY COUNCIL TEXAS AND WAS APPROVED OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. 6-187 January 22, 1962 City Secretary Honorable Mayor and Members of the City Council Re: Street Widths - Assessment City of Fort' Worth Paving at 11 Locations in Arlington Heights Addition Mrs. (McKnight and gentlemen: In considering M&C PW-747 on January 15, 1962, the City Council requested information concerning why certain street pavements are recommended to be 36 feet instead of the customary 30 foot pavement width for residential areas. Residential pavements 36 feet in width have advantages over the 30 foot minimum width allowed in Fort Worth''s minimum standards, including the fact that a 36 feet pavement width permits two moving lanes of traffic when there are cars parked on each side of the street. This is not possi- ble on a 30 foot width. The 30 foot width is a minimum standard, and construction of wider streets is encouraged. The East-West streets in the area in which this project Is located have a right-of-way of 80 feet, and the established street pattern in the area calls for construction of streets 36 feet In width. Narrower widths would require off-set curb alignments, and storm drainage inlets; curb and gutter, and curb returns have been located along the streets in the area on the basis of these pavements -being constructed to a width of 36 feet. The existing conditions on each of the streets included in the project are summarized below: Street Name.and Limits Roadway Width Comments 1. Kilpatrick Ave. - Bourine 36 Feet All but two blocks of St. to Faron Street Kilpatrick St. is presently paved to a width of 36 ft. The pavement immediately west of this improvement is 36 feet in width. There are two drainage inlets on Kilpatrick Street which mus be relocated if the pave- ment width is changed. 2. Geddes Ave. - Bourine St. to 30 Feet A 30-foot width is recom- 10 feet west of the west line mended for this location, of Lot 2, Block 38, Chamberlain although it connects with a Arlington Heights, Second 36 foot pavement, because Filing an extreme grade differen- tial between the roadway and adjacent property M&C G 187 January 22, 1962 Page 2 requires the use of as much parkway as possible to pro- vide a suitable transition from street to prlvate pro perty. Also, this street wi I I dead-end at the east end of this improvement. 3. Diaz Avenue - Littlepage 36 feet Curb and gutter has been con Street to�Guilford Road structed in front of 6 lots at this location on the bass of a 36 foot width. Also, curb returns and two storm drain inlets have been loca- ted along the street based on a 36 feet roadway width. 4. Humbert Avenue - Prevost 36 feet There are no existing street St. to Hervie St. improvements in this block based on a 36-foot width, but Humbert Avenue immedi- ately west of this improve- ment is 36 feet in width. East of this location, Hum- bert Avenue is unimproved. 5. Fletcher Avenue - Prevost 36 feet There are no street improve- Street to Hervie Street ments on Fletcher Avenue at this location based on a 36- foot roadway width, but al- most all of Fletcher Avenue, including the block immedi- ately west of this location, is paved to a roadway width of 36 feet. 6. Diaz Avenue - Como Avenue 36 feet There are no existing street to Hervie Street improvements in this block, but construction of this street to a 36 feet width is recommended for conformit with the existing street pattern. There are improve- ments on the remainder of Diaz Avenue based on 36-foot wide street, as stated in comments on Unit 3. M&C G-187 January 22, 1962 Page 3 7. Libbey Avenue-Litfl eaalge 36 feet Construction of this street Street to Guilford Read to a 36-foot width is recom- mended for conformity with the existing overall street pattern. The remainder of Libbey Avenue Is largely unimproved, but there are some storm drain Inlets and some curb and gutter in plac based on a 36-foot wide st. S. Geddes Avenue-Littlepage 36 feet Curb and gutter on 3 lots, Street to Guilford Road 4 storm drain inlets, and curb returns have been con- structed on the basis of a 36-foot wide street. 9. Wellesley Avenue-Faron Street 36 feet Wellesley Avenue on both to Horne Street sides of this improvement is paved to a width of 36 feet. Curb returns have been con- structed on this basis, and some inlets are in place. 10. Wellesley Avenue-Prevost Street 36 feet The block immediately west to Hervie Street of this improvement has been constructed to a 36-foot width, and it is recommended that this standard be contin ued. 11 . Fa►ron Street-Bonnell Avenue 30 feet A,30-foot width is the exist to Wellesley Avenue ing standard for north-south streets in this area. The low bidder's price for construction of this project amounts to $4.98 per front foot on the 30-foot wide streets and $5.74 per front foot on the 36- foot wide streets. The additional cost for the 36-foot wide streets, there- fore, is $0.76 per front foot, or $ 1 .52 per linear foot. On the basis of an estimated 4,980 linear feet of 36-foot wide streets, the total additional cost for the extra width is $7,570. The adjacent property owners will pay approximately $4,680 of this additional cost, and the City will pay the re- maining $2,890 additional cost. Although detailed engineering estimates have not been made, it is believed that the cost of relocating curb and gutter, storm drain inlets and curb returns presently in place on the basis of 36- foot widths would exceed the' estimated additional cost to the City for the additional widths. The additional cost to the owner of a 25-foot lot for the 36-foot wide street is approximately $26, and it is believed that the advantages of the wider street, plus the advantage of maintaining a harmon- ious and uniform neighborhood street pattern are well worth the additional M&C 8-187 January 22, 1962 Page 4 cost. At the administrative hearing on these projects, held on January 15, 1962, there was no objection to the proposed paving widths. It is recommended that affirmative action be taken on M&C PW-747 so that the February 5, 1962, benefit hearing on this project may be held as scheduled. Respectfully submitte , LPCsih L. Cookingham City Manager CITY OF FbRT WORTH. TEXAS Mr, CoddashL r� THE SUBJECT MATTER OF THI ?�� • D/YC WAS PRESENTED TO THE CI T "'�"'�!�' OF FORT WORTH y . '!�e�' JAN If 1962 -- TEXAS WAS/ PROVED f r6; OFFICE OF THE C TYY ANAGER Communication to Mayor a d Council No. PW-747 City Secretary January lj, 19b� Honorable Mayor and Re; Assessment Paving at 11 Members of the City Council Locations in Arlington City of Fort Worth Neights Addition, Project No. 94-B4.18, CIP A 105 Mrs. McKnight and Gentlemen: Petitions have been received signed by a majority of the abutting property owners requesting that the streets named below be paved on an assessment basis. It is recommended that the following ordinances be adapted. 1. An ordinance declaring the necessity for and ordering the paving on an assessment basis of: Street Name Limits Roadway Width 1. Kilpatrick Avenue Bourine Street to Faron Street 36' 2. Geddes Avenue Bourine Street to 10' West of the West line of Lot 2, Block 38, Chamberlain Arlington Heights, '2nd Filing 30' 3. Diaz Avenue Littlepage Street to Guilford Road 36' 4. Humbert Avenue Prevost Street to Hervie Street 36' 5. Fletcher Avenue Prevost Street to Hervie Street 36' 6. Diaz Avenue Como Avenue to Hervie Street 36' 7. Libbey Avenue Littlepage St. to Guilford Road 36' 8. Geddes Avenue Littlepage St. to Guilford Road 36' 9. Wellesley Avenue Faron Street to Horne Street 36' 10. Wellesley Avenue Prevost Street to Hervie Street 36' 11. Faron Street Bonne]lAvenue to Wellesley Ave. 30' and making provisions for the levying of assessments; directing the Public Works Department to prepare estimates of cost; awarding the contract to mw PW-747 January 15. 1962 Page Two W. E. Brittain on its low bid of $78,720.10E and making appropriations to cover the indebtedness thereby incurred. The following bids have been received for construction of this projects Bidder Bid Qixotation W. E. Brittain $ 789720.10 Glade Construction Coupany 84 201.60 General Construction Conpany 82,138.75 Lewis & Lewis 90;241.15 Texas Bitulithic Conpany 92,434-55 R. W. Gibbins, Inc. 93,O83.29 2. An ordinance approving the estimates of cost and amounts proposed to be assessed, and setting February 5, 1962, as the date for the benefit hearing. Respectfully submitted, L. P. oki�h City Manager LPC:mle