Loading...
HomeMy WebLinkAboutOrdinance 4633 ORDINANCE NO. Ln OFFICIAL RECORD AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF BONNIE DRIVE CITY SECRETARY AND PORTIONS OF SUNDRY OTHER.STREETS, AVENUES AND PUBLIC FT. WORTH, TEX. GENERALICONSTRJCTIONFCOMPANY F R,THE MAKINNGANDGCONSTR,UCTION 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 ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE ESTIMATES; DIRECTING THE CITY SECRETARY T0, FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY,CLERK OF TARANT 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 SESSION OF THE FORTRTH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE 1105b OF VERNONIS 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 THEREFOR: 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. Bonnie Drive From Chapin Road to Ruby Place known and designated as Unit No. 1. 2. Prevost Street From the E-W Freeway to Locke Avenue, known and designated as Unit No. 2. 3. Regan Drive From Chapin Road to Ruby Place known and designated as Unit No. 3. 4. Faron Street From Pershing Avenue to Birchman Avenue, known and designated as Unit No. 4. 5. Lackland Road From Garland Avenue to Ca7mont Avenue, know and designated as Unit No. 5 6. Sappington Place From Locke Avenue to Curzon Avenue, known and designated as Unit No. 6 7. Owasso Street From El Campo Avenue to Pershing Avenue, known and designated as Unit No. 7. 8. Regan Drive From Ruby Place to U.S. Highway 80 known an( designated as Unit No. 8. —1— 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. Bonnie Drive, Unit No. 1 1211 Hot-Mix Asphaltic Concrete Surface Course on 711 cement stabilized gravel base on 30? roadway. 2. Prevost Street, Unit No. 2 lilt Hot-Mix Asphaltic Concrete Surface Course on 7" cement stabilized gravel base on 36, roadway. 3. Regan Drive, Unit No. 3 lilt Hot-Mix Asphaltic Concrete Surface Course on 711 cement stabilized gravel base on 301 roadway. 4. Faron Street, Unit No. 4 1211 Hot-Mix Asphaltic Concrete Surface Course on 7t' cement stabilized gravel base on 301 roadway. 5. Lackland Road, Unit No. 5 lilt Hot-Mix Asphaltic Concrete Surface Course on Tt cement stabilized gravel base on 361 roadway. 6. Sappington Place, Unit No. 6 lilt Hot-Mix. Asphaltic Concrete Surface Course on 7}1 cement stabilized gravel base on 301 roadway. 7. Owasso Street, Unit No. 7 1211 Hot-Mix Asphaltic Concrete Surface Course on 7" cement stabilized gravel base on 301 roadway. 8. Regan Drive, Unit No. 3 1211 Hot-Mix Asphaltic Concrete Surface Course on 7P1 cement stabilized gravel base on 30t 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 construc- ted 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 abuttir 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 liabilii of the real and true owners thereof, and shall be payable as follows, 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, 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 -2- 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 or 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 inter- est accrued to the date of payment, and further provides if default be made in the pay- ment 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 pro- vided 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 and 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 a se ,,ynt which shall be executed in the name of the City of Fort Worth, PROVIDED,gnV acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorize pay- ment 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 Direc- tor of Public Works has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVIDING 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 mechanicts and materialmanfs contract upon forms supplied by the City granting a mechanicts lien upon and conveying the said abutting property in trust to secure the payment by said owner or owners ac- cording 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 attachedth ereto 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 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 certificate; and the personal liability of the owners thereof, have been regularly had, done and per- formed, 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 Worth, or its assigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorneyts 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. -3- VT. Bids having been advertised for as required by Article 1105b of the revised civil statutes of Texas, and the bid of General Construction Company, 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 General Construction Company, at and for the prices stated in the Proposal of said company and as reported and recommended by the Public vJorks 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 nar.,e 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 forth, Texas, by said contract, there is hereby appropriated oui 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 proceedings taken and had in accor— dance 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 ;dorth, 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 im= provements in each unit gccording 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 Cler; of Tarrant County, Texas, a notice in accordance with the provisions of the Act pass,jd at the Fifth Called Session of the Forty—first Legislature of the State of Texas nd. 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. -4- XIV. 'dais ordinance shall take effect and be in full force and effect from and after the date of its passage. PASSED AND APPROVED THIS _day of_ 7�e , 19 G-L. APPROVED AS TO FORM AND LEGALITY: City /Attorney —S— _ ' 'CT'1'ei' OF FORT WORTH, TEXAS *re abaktvhfa >£HE SUBJECT adATT:$R OF THIS M-9.1mY OF FORT T WORTH H N WAS P.'.ESFNTE '_0 THE CITY C0�1Ti" L JL g� g NW'e trp _ .. a L4_M TEXAS AND WAS ❑ .-PPROVED dopes Ord* J116 1e01 1s sit' at W or4erft pavU& OFFLCZ-OS TIdF; G Communication to Mayor and Council No. PW-1024 f e City Secretary OFFIa May 14, 1962 CITY FT. Honorable Mayor and Reg Assessment Paving at Eight Members of the City Council Locations on the West Side, City of Fort Worth Project No. 94-B4-23, 1961 CIP A-105 Mrs. McKnight and Gentlemen: Petitions have been received signed by a majority of the abutting property owners requesting that the following streets be paved on an assessment basis: STREET NAME LIMITS ROADWAY WIDTH 1. Bonnie Drive Chapin Rd. to Ruby Place 36, 2. Prevost Street E-W Freeway to Locke Avenue 36"# k 3. Regan Drive Chapin Road to Ruby Place 301 k. Faron Street Perlhing Ave. to Birchman Avenue 301 5. Lackland Road Garland Ave. to Calmont Avenue 361** 6. Sappington Place Locke Avenue to Curzon Avenue 301 7. Owasso Street E1 Campo Avenue to Pershing Avenue 301 8. Regan Drive Ruby Place to U.S. Highway 80 301 *Prevost Street has a dedicated 60-foot right-of-way. The existing improve- ments include 25% of the curb And gutter, curb returns and paving headers constructed on the basis of a 36�fbat roadway. The improved portion of Prevost Street immediately south of the proposed improvements is a 36-foot roadway. Lackland Road is a dedicated sixty-foot right-of-way which is a border street for several additions and serves as a terminal street for the west- bound traffic. The revisions of the E-W Freeway includes a forty-eight foot structure to connect with Lackland Road. This structure was located to connect with Lackland Road and to provide a connection between Camp Bowie Boulevard and the E-W Freeway. This -street will serve traffic generated by the construction of the Neiman Marcus Department Store and by future commercial development north of the E-W Freeway. The existing R.D. Evans Recreation Center will also contribute to the traffic for this street. M&&., PW-1024 May 14, 1962 Page 2, Bids were received on April 10, 1962, and the following is a tabulation of the bids submitted for construction of this project: BIDDER AMOUNT General Construction Company $82 010.04 Texas Bitulithic Company 83,995.39 Worth Construction Company 86,881.13 W. E. Brittain 87,509.84 Glade Construction Company 88,360.40 R. W. Gibbins, Inc. 91,094.41 It is recommended that the ,following action be taken: 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 Department to prepare estimates of cost and amounts to 40;*ssessed; awarding the contract to General Construction Co. on its low bid of $82,310.04; and making appropriations to cover the indebtedness thereby incurred for improvement of the streets named above. 2. That an ordinance be adopted approving the estimates of cost and amounts proposed to be assessed; and setting June 11, 1962, as the date for the benefit hearing. 3. That a Bond Fund transfer of $55,939 be approved WIN from the Revolving Fund to provide for the property ownerts portion of the cost. Respectfully submitted, `� 1 coj���4w L. P. Cookingham City Manager LPC:mm