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HomeMy WebLinkAboutOrdinance 4735 ORDINANCF NO. ,slsS AN ORDINANCE DETM� SNTING THE N3CE'5IrT FOR AND OU, 7.RING AND PROVIDING FOR THE II-TRO TEENT OF A PORTION OF RODEO STREET A,'D PORTIONS OF SUNDRY OTHER 3TRFE7'3, AVE TU'� AND PTTBLIC PLAC13 IN THE CITY OF FORT 'FURTH, T_XA:3: LTTTING CONTRACT TO GLADE CONSTRUCTION COMPANY FOR THE . MAKING AND CONSTRUCTION OF SUCH IV..PROVETCNTS AND AUTHCRIZ- ING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAVING THE INDEBT-EDNESS ,''lEREBY INCURRED; MAKING PROVI- SIONS FOR, THE LEVYING OF AS3a3311UTTS AGAIN ABUTTING PROPERTIES AND THE 0,4WEt 3 THZRj3F FOi A PART OF T, C037 OF SUCH IMPROVE1111EiTTS ATID THE ISSUANCE', OF ASSIGNABLE CrRTIF - CATES IN EVIDu�ICE OF SUCH Ai3ES.S ENT3; DIRECTING TTi?. PUBLIC :ORK3 DIRECTOR OF THE CITY TO PREPAR7 Z3TIMAT-HS: DIRECTING THE CITY 3rCRETAR7 TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE VITH TES COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT 'THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING 1`0 SAID STREET IXTROV Mh NT AREE A14D SHALL BE PLIR3UANT TO THE ACT OF THE FIRST CALLED 3E33ION OF THE FORTIETH L-GIS- LATURE OF THE STATE OF TEXAS, CHAPTER '106, Como',-dLY K?104TI A3 ARTICLE 1105b'OF.VERNONTS TEXAS CIVIL STATUTES; AND DIRECTING THE CITY 3ECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING 'T]iE CAPTION OF 5Ai-L-, 1N THE 1�11NT?TZ BOOK OF THE CITY COUNCIL AND BY FILING THE COPTLETE. ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. IIERE&S, the Public " rks Director for the City of Fort :forth, 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 '•i.orth, Texas, and same having been examined by the City Council of the City of Fort "'.Torth, Texas, and found to be in all matters and things proper, NO; THER,'ORE: BE IT ORDAINED BY THE CITY COUNCIL OF•TE3 CITY OF FORT :NORTH, 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 `,dorth, Texas, to-wit: 1.._ Rodeo Street From west line Old Mansfield Rd. to 24' east of west property line of Lot 13, Blk. 1, Rolling Hills Addition, know and designated as Unit No. 1. 2. El Rancho Road From north line Rodeo Street to south line Sarah. Jane Lane, known and designated as Unit No. 2. 3. Montague Street From west line Erath Street to West line Shackleford Street, known and designated as Unit No. 3.' 4. Shackleford Street From north line Hwy. 9287 to south line of Algerita Street, known and designated as Unit No. 4. 5. Shackleford Street From south line Algerita Street to south peroperty line of Lot 7, Blk. 1, Glen Park Addition, known and designated as Unit No. 5. 6. Bundy Street- From south line Rodeo Street to north line of Pioneer Street; known and designated as Unit No.- 6. 7. Fair Park Blvd. From north line Seminary Drive to south line Prince Street, known and designated as Unit No. 7. 8. McClure Street From north line Seminary Drive to south line Prince Street, known and designated as Unit No. 8. 9. Flamingo Road From north line Kellis Street to south line Martin Street, known and designated as Unit No. 9. Each of the above described portions of streets, avenues and public places.in the City of Fort '+orth, Texas, shall be improved by raising, grading and filling same and b7r constructing thereon the following, to-wit: I. Rodeo Street From west line Old Mansfield Rd. to 24' east of west property line of Lot 13, Blk..l, Rolling Hills Addition, 1-P hot-mix asphaltic concrete surface on 7" cement stabilized gravel base on a 30' roadway. 2. E1 Rancho Road From north line Rodeo Street to south line Sarah Jane Lane, 11" hot-mix asphaltic concrete surface on 7" cement stabilized gravel base on a 30' roadway. 3. Montague Street From west line Erath Street to west line Shackleford Street, 1i" hot-mix asphaltic concrete surface on 7" cement stabilized gravel base on a 30' roadway. 4. Shackleford Street From north line Hwy. ##287 to south line of Algerita Street, 11" hot-mix asphaltic concrete surface on 7" cement stabiliz- ed gravel base on a 40' roadway. 5. ' Shackleford Street From south line Algerita Street to south property line of Lot 7, Blk. 1, Glen Park Addition, 1i" hot-mix asphaltic con- crete surface on 7" cement stabilized gravel base on a 30' roadway. 6. Bundy Street From south line Rodeo�Street to north line of Pioneer Street, 11" hot-mix asphaltic concrete surface on 7" cement stabiliz-'. ed gravel base on a 30' roadway. 7. Fair Park Blvd. From north line Seminary Drive to south line Prince Street, 2" hot-mix asphaltic concrete surface on 10" crushed lime- stone stabilized sub-grade on a 40' roadway. 8. McClure Street From north line Seminary Drive to south line Prince Street, 2" hot-mix asphaltic concrete surface on 10" crushed lime- stone base on 4" limestone stabilized sub-grade'on a 30, roadway. 9. Flamingo Road From north line Kellis Street to south line Martin Street, 1-j" hot-mix asphaltic concrete surface on 7" cement stabiliz- ed gravel base on a 30' roadway. The above, together with combined co where same are not alrea nerete curbs and (?utters on other necessary incident assandoastructed, together with storm Proper grade and lj.,ns and e as and where shown on the Plans and all o£ said improvements ewers ntodbelconstructed, nd 9peci£icatlOns therefor. IV. follows, to-wit: The cost of said improvements as herein defined shall be paid for as ArealhandrtruetOwn poprton of the Street, avenue or Public place and theing on gutters in front of their property and not exceeding nineaostO st curbs and cost of the remainder. of such improvements. tenths (9�lOth ) o y of all all of of said improvements ! t red ductinp, the amounts hhereinrspecified htorbee Paid by o£ the coat. i-nF properties and t e real and true owners thereof as set out in subsection A. the abutt- The amounts payable by the abuttinfi 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 liabilittr of the real and true owners thereof, and shall be parable as follows, to-wit: When the improvements are completed and accepted by the City on a particular unit, the suns assessed against property abnttinu upon such completed and accepted unit shall be and become payable in fire (5) equal installments, due respectivellr on or before thirty (30) dairs, and one (1), two (2), three (3), and four (4) ,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 init. The antire 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%) per cant per annum, payable annually except as to interest on. the first installment, which shall be due and pa-Table on the date said installment matures, provided that any owner shall have the right to pat, anv 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 an- installment promptly as the same matures, then at the option of the Cit•- of Fort " firth or its assigns, the entire amount of the assessment upon which such default is made shall be and become immediately due and parable; 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 valve 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 any assessment he 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, PROVIDM, however, that acting through its duly authorized Director of Public "orks, the it7 of Fort 'Forth retaining the right to authorize pa-rment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty-eiPht equal regular monthl-• installments of not less than $9.00 each, the first of such installments to become due and pa7rable not more than 30 days after the completion and acceptance b-r the City of the particular unit, PROVIDED FUITIL2, that the City Attorney* is hereby empowered to authorize pa•rments of said sums in lesser installments and/or over a longer period of time in cases in which the Director of Public Forks has previously determined that an extreme financial hardship upon the property owner will otherwise result: and PrROVID3D FUHTHER, that such method of pa-ments shall be authorized only in instances :,There the owner or owners of property ab,ttine upon such completed and accepted unit shall have executed and delivered to the City of Fort "orth a lawful, valid and binding_ note and mechanic's and materialman's contract upon forms supplied by the City nrantin� a mechanic's lien uron and conveving 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. r 7 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 Citv bI 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 vGorth, 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 ma-,r 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 an-r court, and the said certificates shall provide substantially that if default Ve 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- cribing 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 required by Article 1105b of the revised Civil Stetutes of Texas, and the bid "of Glade Construction Comgany , . 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 Glade Construction Co. , at and for the prices stated in the Proposal of said company and as reported and recommenr ded by the Public rlorks Department, which said report and recommendation is on file with the City, the Citv 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 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 ', orth, 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 accord- ance with and under the terms of the powers and provisions of Chapter 10� 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. 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 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 iiecords 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 DAY OF ,19 APPROVED AS TO FORM AND LEGALITY: City Attorney CITY 01?" FORT WORTH, TEXAS THEi 4.§UBJECT MATTER OF THIS M.& ®�� FORT WORTH a,� • }s.� ~ WIS PRES TTE�D TO THE CITY COUl � l VN d mod * 0 s 1962 TEXAS I - 449pted Ord. No. 473E dmtW ity and ""rift twe�s+tm. J_.__, __�_ ^_ QEE1 F. ar Tsrc ^* RR Communication to Mayor and Council No.PW-1306 s+ova aid Tsaelnet. .r�.. j . 1 < City Secretary October 8, 1962 Honorable Mayor and Re: Assessment Paving at Nine Loco Members of the City Council tions in Trentman City Area, City of Fort Worth Project 9744-2, CLP A-119 Mrs. McKnight and Gentlemen: On September 4, 19620 the following bids were received for 'Assess*ent Pav- ing at Nine ,Locations in Trentman City Area, Project 97-B4-2: Bidder Bid Quotation Workiag Days Glade Construction Co. $59,059.18.- 64 S.R.O. Asphalt, Inc. 62,W.©5 64 General Construction Co. 63,l44.04 64 W. E. Br�ttain 64,646.14 64 R. W. Gibbins, Inc. 66,932.41 64 Texas Bitulithic Co. 730662.79 64 The project is composed of streets on which petitions have been received and which are included in the 1962 Capital Improvement Program, except for Fair Park Boulevard and McClure Street, which are included in Developer's Contract No. 4342 which permits the improvement of these two streets on the assessment basis since they are border streets to the addition. The developer has requested that these two streets be improved on the assess- ment basis. Also, Bundy Street is not included in the Capital Improvement Program; however, it is included because of its proximity to the other streets in the project. A request for the paving was received after the Capital Improvement Program was prepared. The streets included in the project are as follows: Street Name Limits Roadway Width Rodeo Street From the west line of Old Mansfield Road 30 filet to 241 east of west property line of Lot 13, Block 1, Rolling Hills Addition El Rancho Road From the north line of Rodeo Street to 00 30 feet south line of Sarah Jane Lane Montague Street From the west line Erath Street to the 30 feet west line of Shackleford Street Shackleford Street From the north line Hwy. No. 287 to the 40 feet south line of Algerita Street Shackleford Street From the south line Algerita Street to 30 feet the south property line of Lot 7, Block 1, Glen Park Addition r M&C FW-1306 l Page Two October 8, 1962 Street Name Limits Roadway Wdth. Bundy Street From south line Rodeo Street to north line 30 feet of Pioneer Street Fair Park Blvd. From north line Seminary Drive to south 40 feet line Prince Street McClure Street From north line Seminary Drive to 30 feet south line Prince Street Flamingo Road From north line Nellis Street to south 30 feet line Martin Street All of the street roadways are to be 30 feet in width except Fair Park Boule- vard and one unit of Shackleford Street, which are to have 40 foot roadways. The property adjacent to Fair Park Boulevard is of commercial usage and a 60 foot right-of-way has been dedicated. It is proposed to construct a 40 foot R roadway on Shackleford Street from Highway 287• Mansfield. Highway) north to Algerita Street because the property at the highway is zoned commercially and because the existing curb, gutter and driveways are already constructed on a 40-foot roadway in front of much of the property. 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 Department to prepare estimates of cost and amounts to be assessed; awarding the con- tract to Glade Construction Company on its low bid of $59#059.18 and making appropriations to cover the indebtedness thereby in- incurred for improvements of the streets named above. 2. That an ordinance be adopted approving the estimates of cost and amounts proposed to be assessed, and setting October 22, 1962, as the date for the Benefit Hearing. 3. That the following Bond Fund Transfers be approved: Amount From To For $16,784.74 97-B4-901 Unspecified 97-B4-2 Nine Loca- Cityfs Construe Assessment Paving Proj. tions in Trentman tion and Engin- City Area eering Cost $48,274.44 Assessment Paving Revo;ving Fund Re- Property Owners Revolving Fund serve for Assessment Assessment Paving Project 97-B4-2• FP'. c y ubmi t ed g am LPC:mm Ciy Manager