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HomeMy WebLinkAboutOrdinance 6970 ORDINANCE NO. 7 �a AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF gITSON LANE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO TEXAS BITULITHIC COMPANY AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; MAKING APPROPRIATION$ 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 PRE- PARE ESTIMATES; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLAR- ING 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 FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106; COMMONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMERGENCY EFFECTIVE MAY 129 1967; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND EN- ROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS 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 improvements 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: HITSON LANE From Craig Street to the north property line of Lot 4, C. R. Mulkey Subdivision, known and designated as Project No. 104-36000-335. 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: HITSON LANE From Craig Street to the north property line of Lot 4, C. R. Mulkey Subdivision, known and designated as Project No. 104-36000-335, a seven-inch thick, hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty- six foot roadway. Six-inch thick concrete drive- ways will be constructed where specified, ' s 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 (5) 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 ;sayable 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 atl 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 became 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 TEXAS BITULITHIC COMPANY 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 TRXAR RTTM.TTUTC COMPANY , 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 S 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. XN_ This ordinance shall take effect and be in full force and effect from and after the date of its passage, PASSED AND APPROVED THIS f0 DAY OF , 19 . APPROVED AS TO FORM AND LEGALITY: 10 rrr City Attorney UNE City of Fort Worth, Texas BAILIFF GRAHAM .mayor and Council Communication DATE REFERENCE SUBJECT: PAGE NUMBER 2 3/18/74 Award of Contract - Assessment Paving C-2738 of Hitson Lane i of Council action is requested on Project No. 104-36000-335 as described below: Roadway R.O.W Street Limits Width Width Hitson Lane Craig Street to West Pro- 36 Feet 60 Feet perty Line of Lot 4, C.R. Mulkey Subdivision This project was initiated as a result of Community Facilities Contract No. 7461 (M&C C-2484, dated 3/26/73) . Improvements This portion of Hitson Lane will be improved by construction of 7" thick hot-mix asphaltic concrete pavement with 7" high concrete curb and 18" wide concrete gut- ter on a 6" lime stabilized subgrade, along with 6" thick concrete driveways wher specified on the plans. In addition, a storm drain system will be constructed in Hitson Lane from Beckwood Drive, south to Kell Drive and extended west in Kell Drive approximately 230 feet to an existing stream bed which leads south from Kell Drive. Submission of Bids The following bids have been received: Bidder Amount of Bid Texas Bitulithic Company $54,174.65 Glade, Inc. 57,360.41 Austin Road Co. 57,652.25 R. W. Gibbins, Inc. 61,719.05 The following contractors took plans and specifications but did not submit a pro- posal: Southwestern Construction Co. James W. Jackson, Inc. Bids Received: February 21, 1974 Working Days Allotted: 40 Project Cost and Financing Based on the low bid, approximately $7,254.45 will be assessed against abutting properties under standard policy to be provided for by a bond fund transfer from the Revolving Fund Unsuweified Account. The Developer, PAR ROB, Inc. , has pro- vided the City with Certificate of Deposit No. 8611, at Southwest Bank, from which the Developers' cost of $9,319.22 will e paid as a non-refundable deposit, this amount being the difference betwefsn the amount allowed by standard policy to be DATE REFERENCE SUBJECT: PAGE 3/18/74 NUMBER Award of Contract - Assessment Paving 2 of 2 C-2738 of Hitson Lane assessed against the Developers' individual lots at the time of paving and the total estimated cost of thci paving adjacent to the subdivision. Total construct- ion, inspection engineering, administration and miscellaneous cost to the City is $43,019.55, of which approximately $20,341.70 is for the storm drain system. The Community Facilities Contract provided for a reimbursement of six per cent of the project cost to the developer for engineering which amounts to $3,250.48, plus approximately $11,724.00 for 6' width of paving the west one-half of Patino Road whinh will ultimately be a boulevard type street consisting of two twenty-six foot wide traffic lanes with a median. The total City cost for Sandy Oaks Addition is approximately $60,994.03, which also includes $3,000.00 for right-of-Tway on Hitso Lane. Recommendations It is recommended that: 1) The following bond fund transfers be approved: Amount From To Reason $ 7,254.45 Revolving Fund Un- Assessment Paving of To provide funds for specified Hitson Lane property owners share 042-09724-901 042-10424--335 of Hitson Lane improve- ments, Project No. 104- 36000-335 $22,000 New Additions Un- Assessment Paving of To provide funds for specified Hitson•Lane City's cost of storm 104-36000-901 104-36000-335 drainage construction, right-of-way, acquisi- tion and reimbursement to Developer for 6% de- sign, angineering cost for plan preparation. 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 Texas Bitulithic Company in the amount of $54,174.65; and e) Making appropriations to cover the indebtedness thereby incurred for 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 April 15, 1974, as the date for the Benefit Hearing. RNLvhlc SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY Er'APPROVED ❑❑ OTHER (DESCRIBE) 1p / /J U Ded ari nQ Neussit CITY SECRETARY 4 Orderina Paying & Ordinance No_ DATE CITY MANAGER 6ttinq Date of Benefit -4 —"� PROJEC "I, NO. 104 - 36000 - 335 HIGHTOWER ST. NORMA ST. h I . I . z z J J GREENLEE ST. MEADOWCREST DR. VAN NATTA LN. NO SCALE BEATY ST. BEATY ST. o LISA CT. BECKWOOD DR. >' BECKWOOD 0 H KELL fDR. O } z w KELL DR 2 v~i z 0 Fa r CRAIG ST—� HITSON LANE Craig Street to Beckvvood Drive CITY OF FORT WORTH PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION ASSESSMENT PAVING ON HITSON LANE PROJECT NO. 104-36000-335 A Neighborhood Meeting was conducted by the Engineering Division of the Public Works Department in the Public Works Conference Room for the Assessment Paving on Hitson Lane. Procedures concerning proposed improvements, owner participation in costs and methods of payment were explained by Odell Schmidt to Mr. and Mrs. Charles R. Mulkey. Mr. Mulkey stated that he favored the improvements but that he was mainly concerned with the drainage problem that they have had. Mr. Schmidt showed him the plans and explained that this should be corrected by the installation of the proposed storm drain. Mr. Mulkey agreed that this should alleviate the problem. After a short general discussion, the meeting was adjourned. FORT WORTH, TEXAS March 18 1974 TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS. Gentlemen and Mrs. Rimmero 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 HITSON 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: PROJECT NO. 104-36000-335 HITSON LANE FROM CRAIG STREET TO THE N. PROPERTY LINE OF LOT 49 C. R. MULKEY SUBDIVISION, to be improved by constructing a seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-six foot roadway. Six-inch thick concrete driveways will be constructed where specified. The following assessment rates have been established; Seven-inch hot-mix asphaltic concrete pavement. . . . . . . . . . . ... . . . . . .$3.24/L.F. (Residential zoning) Seven-inch curb and eighteen-inch gutter. . . . . . . . . . . ... . . . . . . . .. . . .$3.26/L.F. Six-inch concrete driveways. . . . . . . .. . . . . . . . . . . .. . . . . .. . ... . . . .. . . .$1.38/S.F. The assessments result in the following division of cost: COST ASSESSED TO PROPERTY OWNERS. . . . .. . . . . . .. . . . . . . . . .. . . . .. . .$ 7,254.45 DEVELOPERSCOST. . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . .. . . . . . . . . . . .$ 90,319.22 TOTALCOST BY OTHERS. . . . . . eeoo . ao . . . . . . . . . . . .. . . . . . . . . .. . ... . .$16,573.67 CITY DRAINAGE COST. — . . .. . . . . . . . . . . .. . . . . . a.. . . . . . . . . . . . . . . .$20,341.70 CITY PAVING COST AND ENGINEERING. . .... . . . . . .. . . . . . .. . . .. . . . . . .$22 677.85 . . .TOTAL CITY COST. . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . 3,019.55 GRANDTOTAL COST. . , . . . . . . . . . < . a . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . .$59,593.22 JIAACKN'. GRAHAM, P.E. TY ENGINEER PROJECT NO. 104-36000-335, HITSON LANE FROM CRAIG STREET TO N. PROPERTY LINE OF LOT 4 C.-R. MULKEY SUBDIVISION to be improved by constructing a seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-six foot roadway. Six-inch thick concrete driveways will be constructed where specified. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT WEST SIDE R. R, RANEY SURVEY Charles R. Mulkey Tract 10 240' Side lot adjusted to 5725 E. Lancaster Res. 140' Pavement $3.24 $453.60 Fort Worth, Texas 140' Curb & Gutter 3.26 456.40 '76112 $910.00 KELL DRIVE INTERSECTS C. R. MULKEY SUBDIVISION Charles R. Mulkey 1 251.1' Side lot adjusted to 5725 E. Lancaster Res. 151.1' Pavement $3.24 $489.56 151.1' Curb & Gutter 3.26 492.59 $982.15 Charles R. Mulkey 2 80' Pavement $3.24 $259.20 5725 E. Lancaster Res. 80' Curb & Gutter 3.26 260.80 $520.00 Charles R. Mulkey 3 80' Pavement $3.24 $259.20 5725 E. Lancaster Res. 75' Curb & Gutter 3.26 244.50 $503.70 Charles R. Mulkey 4 80' Pavement $3.24 $259.20 5725 E. Lancaster Res. 75' Curb & Gutter 3.26 244.50 $503.70 1. PROJE& NO 104-36000-335 HITSON LANE FROM CRAIG STREET TON PROPERTY LINE OF LOT 4C.R. KEY SUBDIVISION. CONTINUED: BLOCK OWNER. LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT EAST SIDE SANDY OAKS ADDITION Par-Rob, Inc. 1 3 120' Side lot adjusted to 3750 Valley Forge Res. 100' Pavement $3.24 $324.00 Ft. Worth, Texas 100' Curb & Gutter 3.26 326.00 76119 $650.00 Par-Rob, Inc. 27 3 120' Side lot adjusted to 3750 Valley Forge Res. 100' Pavement $3.24 $324.00 100' Curb & Gutter 3.26 326.00 $650.00 Par-Rob, Inc. 1 6 110' Side lot adjusted to 3750 Valley Forge Res. 100' Pavement $3.24 $324.00 100' Curb & Gutter 3.26 326.00 $650.00 Par-Rob, Inc. 12 6 ' 65' Pavement $3.24 $210.60 3750 Valley Forge Res. 55' Curb & Gutter 3.26 179.30 $389.90 Par-Rob, Inc. 11 6 ° 65' Pavement $3.24 $210.60 3750 Valley Forge Res. 65' Curb & Gutter 3.26 211.90 $422.50 Par-Rob, Inc. 10 6 65' Pavement $3.24 $210.60 3750 Valley Forge Res. 65' Curb & Gutter 3.26 211.90 $422.50 2. PROJECT NO. 104-36000-J35, HITSON LANE FROM CRAIG STREET TO N. PROPERTY LINE OF LOT 4, C. R. MULKEY SUBDIVISION, CONTINUED: BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SANDY OAKS ADDITION Par-Rob, Inc. 9 6 110.1' Side lot adjusted to 3750 Valley Forge Res. 100' Pavement $3.24 $324.00 100' Curb & Gutter 3.26 $326.00 $650.00 TOTAL COST TO PROPERTY OWNERS. . . . .. . . . .. . . . .. .$ 7,254.45 TOTAL COST TO CITY OF FORT WORTH. . . . . . ... .. . . .$52,338.77 TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . .. . .$59,593.22 3.