HomeMy WebLinkAboutOrdinance 6170 r
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ORDINANCE NO. Df 1 p TfD, Tty•AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING
FOR THE IMPROVEMENT OF A PORTION OF SANDY LANE
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO ERNEST LOYD AND 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 IMPROVE-
MENTS 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 TO FILE A NOTICE OF ADOPTION OF
THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT 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 SES-
SION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106; COM-
MONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED
BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMER-
GENCY EFFECTIVE MAY 12, 1967; 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 ORDINANCE IN THE APPRO-
PRIATE 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 improvements of the hereinafter described portions of streets,
avenues and public places in the City of Fort Worth, Texas, and same having been ex-
amined by the City Council of the City of Fort Worth, Texas, and found to be in all mat-
ters 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:
SANDY LANE From Brentwood Stair Road to Dallas-Fort
Worth Turnpike, known and designated as
Project No. 104-24000--191 .
IIIo
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.-
SANDY LANE From Brentwood Stair Road to Dallas-
Fort Worth Turnpike, known and designated
as Project No. 104-24000-191 : a seven-inch
thick hot-mix asphaltic concrete pavement
on a six-inch thick cement stabilized
subgrade on a forty-four foot roadway.
The above, together with concrete curbs, gutters, driveways and incidentals
to such improvements, 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 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
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 there-
of and shall constitute a first and prior lien upon such properties and a personal
liability of the real and true owners there of 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
units shall be and become payable in five (S) 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 pro-
perty 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%) percent 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 immedi-
ately due and payable; but it is specifically provided that no assessments 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 pro-
vided by the law in force in the City, nor shall any assessment be made in any 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 Worth, PROVIDED, however, that acting through its duly authorized Director
of Public Works, the City of Fort Worth retaining the right to authorized 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 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 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 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 substantially that all pro-
ceedings 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 re-
citals 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 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 in-
validate any assessment levied. The certificates referred to need not contain
recitals in exactly the works 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 re-
vised Civil Statutes of Texas, as amended, and the bid of ERNEST LOYD
having been found to be the lowest and
best bid for the making and construction of said improvements, the contract there-
fore is hereby awarded to ERNEST LOYD
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 with the City, the City Manager, and the
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 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 known as Article 1105b of Vernon's Texas Civil Statutes, as amended,
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 known 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 DAY OF , 19 .
APPROVED AS TO FORM AND LEGALITY:
500
City Attorney
MWAV, ' City of Fort Worth, Texas
uNE
MMnN,s Mayor and Council Communication
I.&e.
Q%.,K;M DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
9/29/69 NUMBER Paving of Sandy Lane from Brentwood 2
C-1572 Stair Road to the Dallas-Fort Worth 1of `�
Turnpike
City Council action on the project described below is requested.
Project Description
Nature of Work: Assessment Paving of Sandy Lane
Roadway
Unit Street Limits Width R.O.W.
1 Sandy Lane From Brentwood Stair 44 feet 75 feet
Road to Dallas--Fort
Worth Turnpike
This project was City initiated due to Developers and Community Facilities
contracts.
Submission of Bids
The following bids have been received:
Bidder Amount of Bid
Ernest Loyd $164,607.00
Austin Road and
Worth Construction Company $167,996.00
Texas Bitulithic Company $171,131.50
Bids Received: September 4, 1969
Working Days Allotted: 100
Project Cost and Financing
Based on the low bid, approximately $29,981.59 will be assessed against the
abutting property owners. The cost to the City-at-large will be approximately
$151,000, which includes inspection, engineering and miscellaneous expenses.
Recommendations
It is recommended that:
1) The following Bond Fund Transfers be approved:
DATE REFERENCE SUBJECT: Award of Contract - Assessment PAGE
NUMBER Paving of Sandy Lane from Brentwood
9/29/69 C-1572 Stair Road to the Dallas-Fort Worth --�- °} -2-
Turnpike
Amount From To Reason
$ 29,981.59 Revolving Fund. Sandy Lane Property Owners'
042-09724-901 042-10424-191 portion of
construction cost
$151,000.00 Unspecified Sandy Lane City's cost of
104-24000-901- 104-24000-191 construction,
inspection,
engineering and
miscellaneous expense
2) An ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Making provisions for levying assessments;
c) Directing the Public Works Department to prepare estimates of
costs and amounts to be assessed;
d) Awarding the contract to Ernest Loyd, in the amount of $164,607.00;
e) Making appropriations to cover the indebtedness thereby incurred
for the improvements of the project named above.
3) An ordinance be adopted:
a) Approving the estimates of costs and amounts proposed to be
assessed; and
b) Setting October 27, 1969, as the date of the Benefit Hearing.
HDM:j p
The fallowing summaries are attached:
"A" - Map of Project
"B" - Engineers' Preliminary Rolls
SUBMITTED BY: DI BY COUNCIL: PROCESSED BY
C SPOSITIAPPROVED ❑ OTHER (DESCRIBE)
Adopted Ordinance No. b170 Declaring Necessi ycITY S RETARY
a and Ordering Paving and Ordinance No. i-,/7/ DATE
CITY MANAGER Setting Date of Benefit Hearing 9/29/69
9 1l3� To.1-4
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PROJECT NO . 104 - 24000 -191
SANDY LANE
Brentwood Stair Road tQ Dallas-Fort Worth Turnpike
CITY OF FORT WORTH
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
ASSESSMENT PAVING OF SANDY LANE FROM BRENTWOOD STAIR
TO DALLAS-FORT WORTH TURNPIKE
On September 15, 1969, a Neighborhood Hearing was conducted by the
Engineering Division of the Public Works Department at the Council
Chamber at City Hall.
Procedures concerning owner participation in the cost of Paving, including
methods and policies of determining assessments and street construction
standards were explained by the staff to Mr. Kempff, representing the
Y.M.C.A. , 1500 Sandy Lane.
Mr. Kempff inquired about the sidewalks, the staff reviewed for him the
portion of the policy that states that sidewalks are required along such
thoroughfares, arterial streets and other streets that provide major
pedestrian access to schools, places of public assembly and commercial
centers. After a short general discussion the meeting was closed.
FORT WORTH, TEXAS
19
TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS.
Gentlemen:
In accordance with the proceedings of your Honorable Body, I have prepared
estimates of the cost of street improvements as shown below:
Estimates of the total cost of improvements on a portion of SANDY LANE
and portions of sundry other streets,
avenues and public places in the City of Fort Worth, Texas, and estimated amounts per
front foot to be assessed against abutting property and the owners thereof, on each
portion of street, avenue and public place are as follows, to-wit:
SANDY LANE FROM BRENTWOOD STAIR TO DALLAS-FORT WORTH TURNPIKE, to be improved by con-
structing a seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick
cement stabilized subgrade, seven-inch high concrete curb and two-foot wide concrete
gutter, so that the finished roadway will be forty-four feet wide and by constructing
six-inch thick concrete driveways and four-foot wide sidewalk where specified.
The following assessment rates have been established:
Seven-inch curb and two-foot gutter . . . . . . . . . . . . . . $3.15/L.F.
Seven-inch thick asphaltic concrete pavement
(Residential Zoning) . . . . . . . . . . $2.25/L.F.
(Apartment Zoning) . . . . . . . . . .$10.81/L.F.
Four-foot wide concrete sidewalk . . . . . . . . . . . . . 3.82/L.F.
Six-inch thick concrete driveways . . . . . . . . . . . . . . . 1.17/S.F.
The assessments result in the following division of costs:
Total Cost to Property Owners for curb, gutter,
sidewalk and driveways . . . . . . . $13 947.96
Total Cost to Property Owners for pavement . . . . . . . . . $16,033.63
TOTAL COST TO PROPERTY OWNERS . . . . $29,981.59
Total Cost to City of Fort Worth for curb, gutter,
sidewalk and driveways . . . . . . . $ 1,536.54
Total Cost to City of Fort Worth for pavement and
other improvements . . . . . . . . . $149,549.57
TOTAL COST TO CITY OF FORT WORTH . . . . $151,086.11
TOTAL ESTIMATED CONSTRUCTION COST . . . . . . . . . . . . . $181,067.70
PROJECT NO. 104-24000-191, SANDY- LANE FROM BRENTWOOD STAIR TO DALLAS-FORT WORTH TURNPIKE,
to be improved by constructing a seven-inch thick hot-mix asphaltic concrete pavement on
a six-inch thick cement stabilized subgrade, seven-inch high concrete curb and two-foot
wide concrete gutter so that the finished roadway will be forty-four feet wide and by
constructing six-inch thick concrete driveways and four-foot wide sidewalk where specified
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
BEGINNING AT THE NORTHWEST INTERSECTION OF BRENTWOOD STAIR AND SANDY LANE
WEST SIDE OF STREET W. S. SUBLETT SURVEY
J. E, Foster 6 Part of Tract 2-A 410' Adjusted to
Son, Inc, Res- 283' Pavement $2.25 $ 636, 75
P.O. Box 171 283' Curb 6 Gutter 3 ,15 891 45
4101, Sidewalk 3.82 1,566.20
$3,094.40
HILLTOP ACRES EMT
Y.M.C.A. 1 1 586' Pavement $2�25 $1,318.50
1500 ,Sandy Lane Res. 586' Curb- & Gtr. 3.15 1,845.,90
566' Sidewalk 3.82 2,162.12
300 Sq. Ft. Drive 1.17 351.00
$5,677.52
W. S. SULW,IT; SURVEY
Doris June Murray Tracts 3D 6 3B 467.91' Adjusted to
5335 N. W. Loop 410 Res. 170' Pavement $2.25 $ 382,50
Apt. 103 170' Curb 6 Gtr. 3.15 535, 50
San Antonio, Texas $ 918.00
78229
Roy E. McCleskey Tract 3-A-1-A 121.3' No Access
P. 0. Box 8638 Res, No Assessment
EDERVILLE ROAD INTERSECTS CAROL OAKS ADDITION (E. S. JOHNSON SURVEY)
EAST SIDE OF STREET
Western Hills 2 56i.2' Pavement $10.81 $6,077.38
Development Corp. Apt. 562.2' Curb & Gtr. 3.15 1,770.93
2717 Las Vegas Trail $7,848.31
76116
Attar Robert S. Folsum
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
CAROL OAKS NORTH
Nestern Hills 3 125' Pavement $10.81 $1,351.25
Development Corp. Apt. 125' Curb & Gtr. 3.15 393.75
2717 Las Vegas Trail 125' Sidewalk 3.82 477.50
76116 $2,222,50
Attn: Robert S. Folsum
CAROL OAKS
J & J Development 17 12 550' Pavement $10.81 $5,9145.50
Company Apt, 550' Curb & Gtr, 3.15 1,732 ,50
411 W. 7th Street 720 Sq. Ft. Drive 1 17 842.40
76102 $8,520.40
FAIR MEADOWS
King of Glory 1-R 7 262,7' Adjusted to
Lutheran Church Res. 143' Pavement $ 2,25 $ 32L 75
6619 Meadowbrook Dr. 143' Curb & Gtr. 3,15 450.45
243' Sidewalk 3.82 928.26
$1,700.46
TOTAL COST TO PROPERTY OWNERS - ASSESSMENTS $29,981.59
TOTAL COST TO CITY OF FORT WORTH $151,086.11
TOTAL ESTIMATED COST $181,067.70