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HomeMy WebLinkAboutOrdinance 4761 ORDNANCE NO. � AN ORDINA`?C1 D3TER":INING THE N3CZ33ITY FOR AND 0RDyUNG AND PROVIDING FOR THE ItU'ROVRT'NT OF A PORTION OF EA AN PORTIONS OF 3U?JDRY OTHER 3TREET3, AV,-WU-53 AID Pir3LIC PLACM IN TI:E CITY OF FORT -NORTH, TEXAS: LETTING CONTRACT Tb B.M. aIBBIRS, ITC. FOR THE MAKING AND CONSTRUCTION OF SUCH IIMPROVEP!ENTS AVD AUTHCRIZ- ING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING TI:E INDE'3T-EWES3 THEIEBY INCURRED; MAKING PROVI- SIONS FOR THE LEVYING OF ASSE332% 1TS AGAI173 T ABUTTING Pi30P.'+RTIES AND THE O:IN 3 THEREOF FOR A PART OF THE 003T OF SUCH IMPROVEMENTS A.1 TH-E, ISSUANCE, OF ASSIGNABLE C,3atIFI- CATES IN EVIDiWCE OF SUCH A,3333W. NT3; DIRECTING TH.E PUBLIC ' 0RK3 DIRECTOR OF THE CITY TO PREPARE 3TIMATES; DIRECTING THE CITY SECRETARY TO-FILE A NOTICE OF ADOPTION OF THIS ORDINANCE iITH THE COUNTY CL&iK OF TARRANT COUNTY, TEXAS; DECLARING THAT 'THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDING3 RELATNG 1'U SAID STREET DPROVEMdNT ARE AND SHALL BE P[,TR3UANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH L'GI3- LATURE OF THE STATE OF TEXAS, CHAPTER '106, CO1II401INLY KNO.dN A3 ARTICLE 1105b'OF.VERNON+3 TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO 3NG111033 AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF 3A L� 1N THE A9.NUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE, ORDINANCE RECORDS OF THI3 CITY; AND PROVIDING AN EFF,CTIVL_DATz. THEREAS, the Public ' orks Director for the City of Fort ;,orth, Texas,. has prepared Plans and Specifications for the improvements of the hereinafter described portions of streets, avenues and public places in the Cite of Fort '.•forth, Texas, and same having been examined by the,City Council of the City of Fort . orth, Texas, and found to be in all matters and things proper, NO:d THEA,70RE: BE IT ORDAINED BY"THE CITY COUNCIL OF•THE CITY OF FORT :iORTH, 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. SandpLane From the North Line of Tract 8-0, R.R. Ramey Survey to the North Line of Lot 4, Block 8, B. Bmtler Subidivision, known and designated as Unit No. 1. 2. Handley Hiteoa Ed. From the North Line of Lot 20, Block 1, Meador- brook Acres to the Nortb Line of Lot 4, Mulkey 3ubdivisione known and designated as Unit No. 2. Each of the above described portions of streets, avenues and public places in the City of Fort _-:yorth, Texas, shall be improved by raising, grading and filling same and by constructing thereon the following, to—rit: 1. Sandy Lane: Unit No. 1, 5" Hot-Mix Asphalt Concrete on 10" Crushed Limestone Base on a 40t and 60t roadway as shown on the Plans and Specifica- tions. 2. Handley Hiteon Road: Unit No. 2, 6" Hot-Mix Asphalt Concrete on a 30 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 appurtenances; all of said improvements to be constructed, as and where shown on the Plans and 5pecificat5.on3 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 pa-r all of the cost of curbs and gutters in front of their property and not exceeding nine-tenths (9f10ths) of the estimated cost of the remainder. of such improvements. 9. The CitTr of Fort :'orth shall pa;r all of the remainder of the costa of said improvements after deducting the amounts herein specified to be paid by the abutt- ing properties and- the real and true owners thereof as set out in subsection A. The amounts parable 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 liabilit-r of the real and true owners thereof, and shall be parable as follows, to-wit: ,[hen the improvements are completed and accepted by the City on a particular unit, the sums assessed against propert-y abuuttinb upon such completed and accepted unit shall be and become pa7rable in fire (5) equal installments, due re3pectivelir on or before thirty (30) da-s, and one (1), two (2), three (3), and four (t,) -rears from the date of such completion and acceptance, and the assessments against the property abutt- ing upon the remaining units shall be and become due and payable in such installments after the date of completion and acceptance of such respective tn_it. The entire amount assessed against the particular parcels of propert-v shall bear interest from tha date of such completion and acceptance of the improvements on the unit upon which the particular property abuts at the rate of six (60) per cent per annwm, pavable'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 pav any and all of such installment at any time before maturity by payi.ng principal with interest accrued to the date of payment, and further provided if default be made in the pa-,ment of an- installment promptly as the same matures, then at the option of the 'It,r of Fort Forth or its assigns, the entire amount of the assessment upon which such default is-rm4e--shall be and become immediately due and parable; but it is specifically provided that no asse33ment 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 parti- cular property abuts, as ascertained at the hearing provided by the law in force in the City, nor shall anv assessment be made in an,r 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 "orth, PROVIDE, howe<rer, that acting through its duly authorized Director of Public 'Torks, the Cit-r of 7ort 1dorth retaining the right to authorize pa-vm ent of the sums assessed against abutting property upon such completed and accepted unit in not more than forty-eight eg1tal regular monthl.r installments of not less than $9..00 each, the first of such installments to become due and parable not more than 30 days after the completion and-acceptance b-r the City of the particular unit, PROVIDED FURT111,1R, that the City Attorney is hereby empowered to authorize pa-nnents of said sums in lesser installments andlor over a longer period of time in cases in which the Director of Public °'orks has previously determined that an .extreme financial hardship upon the property owner will otherwise result; and PR.OVID3D FURTiFER, that such method of pa-rments 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 'Forth a lawful, 7rali.d and binding note and mechanic's and material.man's contract upon forms supplied by the City r,rantinr- a mechanic's lien uron 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. - 2 a 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 bV 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 o� 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 ,north, 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 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 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 the payment of any installment promptly as the same matures, then, at the option of the City of Fort ,North, 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 des- cribinq 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 assess- ment 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 perti- nent thereto. VI. Bids having been advertised for as reqquired by Article 1105b of the revised Civil Statutes of Texas, and the bid of &M• Gibbinss 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 B.M. Gibbiaer Ian• P at and for the prices stated in the Proposal of said company and as reported and recommen- ded by the Public forks Department, which said report and recommendation 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 ','orth, Texas, and to impress the corporate seal of the Citv 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 `.forth, Texas, by said contract, there is hereby appropriated out. of available funds and current revenues of the City, an amount sufficient to pa:y 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 accord- ance 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 Vernonts Texas Civil Statutes, 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. I.X. 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 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 /9 GA1i DAY OF APPROVED AS TO FORM AND LEGALITY: City Attorney a SCALE I"= 300' 7, , - � w � il `� ACREAGE 4 � w � L NE -- -- -- -- j--- -- FA 1 _ r i i f Q� e4l- wl ' t)1 Lij 3� -i-- 31 - ` ,QL_- 9 w - - -�x�_-+-- 'F-1--- --- f21 0 " ti W ---+W~ - - �F---�---� - II W Ib �9 i12 1718 F---1 4 F---+--- 1 f - + 14 • , i , i i f5 20 _�=NANDLEY- H/TSON O.4 - - - - - - - - - ACREAGE -� . '�� RlGHT-OF-WAY ,QEQUIRED Cl TY of FOR T WOQ TH, TEXAS 10M U/E XORKS .DeP7' OU THELIN., 1.)IRECTOR EN6fNEERI/VG DiY, M,W.AM/S,✓R.,CHIEF &,WEER /o-t6-62 C-14490 Y OF FORT WORTH CITY OF FORT WORTH, TEXAS THE SUBJECT .MATTER OF T`IIS X.& C.C. TEXAS WAS PRESENTED TO THE CITY COUNCIL NOV 19 1962. AND -- -ITY MANAG R Communication to Mayor and Council No. pW_1381 A49444 01*;� " =o'bo"M bay &IR4*1USS November 19, 1962 of +� ArxV WOW ��,,� City Secretary Honorable Mayor and Members of the City Council Re: Assessment Paving of Sandy City of Fort Worth Lane and Handley-Hitson Road Mrs. McKnight and Gentlemen: On April 30, 1962, the City Council approved a developer's contract for Meadowbrook Acres Addition which provides for the assessment paving of the two border streets to the addition, Sandy Lane and Handley-Hitson Road, at the request of the developer (M&C,PW-989). The developer has begun development of the addition, and has requested that the two streets be paved at this time. The following bids have been received for the paving: BIDDER BID QUOTATION ADJUSTED BID WORKING DAYS R. W. Gibbins, Inc. $56,716.75 $53,674.41 30 W. E. Brittain 57,659.05 54,649.99 30 S.R.O Asphalt 60„069.35 57,073.81 30 Texas Bitulithic 0,425.25 60,216.51 30 Glade Construction Co. 66,467.00 63.,124.60 30 General Construction Co. 68,040AO 64,711.46 30 The City Planning Department has designated Sandy Lane as a collector street to be constructed with a 60-fodt roadway:. It has therefore re- quired the developer to dedicate sufficient property to provide an 80-fool, right-of-way. In the contract forrich bids have been received, it it proposed on Sandy Lane, to construct (1) a 60-foot roadway between Beaty and Greenlee, (2) a 40-foot roadway' approximately 545 feet north of Greenlee to connect with the existing permanent paving which is constructe on a 40-foot roadway, and (3) a 40-foot roadway approximately 540 feet south of Beaty to the end of the street section coveredby the developer's contract. This plan is proposed because there is insufficient right-of-way south of Beaty and north of Greenlee to construct a 60-foot roadway the entire length of the project at this time. Since some of this property is sub- ject to future platting, it is proposed to reduce the roadway width in these areas to 40-feet,as shown on the attached plat, rather than purchase the required right-of-way at this time. This.is the same general plan approved by the Council for another development further north on Sandy Lane (M&C PW-1116, July 2, 1962). It is proposed to assess property owners for the -cost of 18 feet of pave- ment at this time in the areas where right-of-way is insufficient. Then, when the property is platted and developed in the future, the developer will be required to dedicate sufficient right-af-way for a full 60-foot M&C PW- 1381 November 19, 1962 Page 2 roadway and to construct curb and gutter. The City will then construct the additional 20-foot pavement width. In this way, the property owners will ultimately pay the same portion of the cost as they would pay if the full 60-foot width were paved at this time, since on either a 40-foot or 60-foot roadway the property owner is assessed for 18 feet of pavement and for curb and gutter. There is one small tract of land, shown on the attached plat in red, which is already occupied by a house and is not subject to future platting. It is therefore proposed that the City purchase sufficient right-of-way at this tract to complete the 60-foot roadway at this time. The cost of: the needed right-of-way will be approximately $1,000.00. This property will be assessed as normal residential property. It was originally proposed that a 60-foot right-of-way with a 40-foot road- way be provided on Handley-Hitson Road, and the bids were received on this basis. However, the City PlAnning Department now recommends a 30-foot road- way. Reducing the roadway on this unit from 40 feet to 30 feet will result in a reduction of $3,tO42.34 in the contract price of the entire project. The low bidder is agreeable to this reduction, which reduces the low bid to $53,674.41. The following recommendations are made: 1. That an ordinance be adopted declaring the necessity for and ordering the improvements; making provisions for the levying of assessments; directing the Public ,Works Depart- ment to prepare estimates of cost and amounts to be assessed; awarding the contract to R. W. Gibbins, Inc. , on its adjusted low bid of $53,674.41; and -MOE n'g appropriations to cover the indebtedness thereby incurred for the improvements. 2. That an ordinance be adopted approving the estimates of cost and amounts proposed to be assessed; and setting December 3, 1962, as the date for the Benefit Hearing. 3. That the Land Division be authorized to proceed with the acquisi- tion of the additional right-of-way on Sandy Lane. 4. That the following Bond Fund Transfers be approved: Amount From To For $35,708.88 94-B4-901 Unspecified 94-B4-34 Sandy City°s Portion of Paving Projects Lane and Handley- construction and Hitson Road Engineering M&C pW- 1381 November 19, 1962 Page 3 Amount From 'To For $26,016.79 Assessment Paving Revolving Fund Property Owners Revolving Fund Reserve for Construction Cost Assessment Paving Project 94-B4-34 Res ectfully submitte , LPC s ih L.P. Cookingham City Manager attach.