HomeMy WebLinkAboutOrdinance 7146 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF STREET
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXEGU-
TION; MAKING APPROPRIATION$ FOR THE PURPOSE 01' 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 12, 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.
IIo
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:
U141T I-A: �ff,)Wj STREET Frorz,� the east property line of Loot 1, Block 1,
Ford Addition Lo die West 1'rontage foad of 1-35,
known and designated as Project No. 104-24000-253,
(,Trift I-A.
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:
UNIT 1-A* MMTY SIUET From the east T,�roperty line of Lot 1, Block 1,
Ford Addition to 'the West Frontage. Road of 1-26,
known and designated as Project No. 104-24000-
253, Unit I-A, a seven-inch thick reinforced
concriete p�-.Lveinent on, a six-inch t[�icR Hine stabilAzed
subgrade with seven -inch high superiniposed m,oncrete
curb on a forty foot roa&iay.
The above, together with concrete rurbs, gut'ters, dri,v�.!ways: arid i'ncidvn�::als
to auO-w impro ementq, an proper mrade and, line where same are not already
so constructed, together with atonn sewers and drains and other Ttecess,(.4ry
inc,�,tdpnta[s and appu"enmwee ; all of said improvements to be conStrticVed
an and where shc)wn on the Ptans and Spec,ifications therefor,
I V"
The comt of said improvements ea herein defined shaLl be paid fc)r as
f 01 i nw s, t'�"u-W is T" :
A, The property shutting on that portion of r street, avenup or pAIN
place and the real and true owners themaF em'haLl pay all of the cost (if curbs, and
guttets In front nf their property and not exceeding nine-tenths (9110ths) of the
estimated cost of the rermafrOei rmF F,turh improvemf,�nts.
B. The C i t y in( E'or t- Wo r t 11 N hA 11 TIAY 8 1,1 0 F Ae rema i nde r of r he cas t of
said improvernents Met; deducr inm ton ammints herein specified to be paid by the
abutting properties and the Tool and trwe owners thereof as set out in subsection K
The pa,rab ,e by ti w abutting propertles and the real and tt"Twe o1winer'S
thereof" shal I be assessed againat such properties and the 'rectal and true owners tJwre-
of and shoUcanstitute a first and pdor lien upon such properties and a T.rOlqonal
listyLlity, of the real and true (meners there of and shall A payable to-wit-)
When the improvemenre are completed and accepced by the City on as particular
tmir , the sums assessed agminat property abuttirip, upon aucts camplieted and acrepted
unito shall be and pmyRble In Hve (5) equal instaHowntn due rvaperLively,
on or Mmy thirty (30) days, and one 0), two (1), three (3) , and Four (4) yearn
from the date of such completion and acceptance and the asserjornients against the pro-
perty abutting upon the imma,(,ning unit':a sheN he and becorm duc,! and, payabliia in such
installments after the date of completion and acceptance of such respective unit .
The entire ainount assessed agaNst the particular parcels of pr,tsperty shall bear
Interest friorn t,,',he date of such completLoti and acceptance of the, improvemlevirn on the
umit upon wh1ch the part icul,ar property obtsto at tone Tate of six 010 percent per,
payable annually except as to interest an the first instaHment, which Shall
be due and payable on C,he date PseLd 1notalhoent matures prw"ded that any emner
ahall kove the rigM to pay nny and all of surl, installment st any t1ine 1'mefinrr_
maturity, by payirq principal with inusew, ac"ved to the date of payment and further
provided if default be made in the payment of any installiment prompt!�,- C,,s time same
inatures, tk,sen, at, t1he otion taf he Cft),Y, of Fort Worth or its annigne, the entire
amount of the assessment wpon which such defoult fa made ahall be and become immedY,
ately due and payable; Itiat it Is wpecifically prwMed that no assessments shall in
any come be made against any property or any, owner thereof in excess of the npecLal
benefits to property in the enhanced value thereof by mear%s of said improvemente In
the unit; trpon whicli the partimdar proper" nhAs, as amcertainemd at the hearing pro-
vided by tbe law, In force in the City, nor AM any assessment 1>e made In arl), case
until after notHe of hearing an provid" by Imu, Said asseesments apainst the
respective lots soid parcels of pz,'tit,,,)erty and owners thereof shall be evIdenced by
certificate@ of a spec°ial assessment which shall be executed In the name or the My
of Fort: Worth, PROVIDED, however, that acting through its duly authorized Director
of Public Workm, Ote City of Fort Worth retninimg the right to authorized payinent
of the sums amm"ned ageRst abutti" pnMerty upmi suaicovMleted and accepted unit
in not: mo tAiari, for equal. -zegulnr woMhly Installments of' not less titan
$9,CKI eaNq the first of such installments to become due and payable not more than
30 days after, the arid acceptance by the City of the particular unit,
PROVIDED 'r71LJR71,M'P,, taut 0,�ie City AtL:orney Is hereby empowered to authorize payments
of said gums in lesHeir irmtal hrienre and/or cover a longer period of time in cases in
which t he, Director of Public Works has prevtously determined that an extreme financial
hardship upon the proper-ty owner will. otherwIse result and PROVIDED FURTHER, that
such method of piiyrn,onr shall be author[zed only In instances where the owner or owners
of property 111)0w1 SUCIII COMPleted and accepted unit shall. have executed and
delivered to the City f,,if Fort Worth a Lawfi,.O , valid and binding note and niechanic's
and materialntaWs contract upon fl'ornna supplIed by the City grantlng a mechanic 's lien
upon and conveyiiiig the said abutting property in trust to secure the payment by said
owner or owners according rcv 0ie terins therelof of the sums assessed against such
property.
V
The assessinents againat the respective lots arid parcels of property and the
owners thereof shall be evidenced by certificates of special assessment, which
shall be executed in H ue nawrw of the City by the Mayor of said City and the rity,
Secretary shall attest the saw,ne and impress the corporate seal of the City thereon,
and wbich may have attached thereto coupons in evidence Hof the several installments,
or in evidence of arry of the installynents in which the assessment is payable, which
certificates shaLl be issued to t.he Cl ty of Fort Worth, shall recite the ternin and
tine of payment, the amount of the ansessment, the descrip�tion of the property,
and the name of the wanors, as far as known, and shall contain such other recitals
as may be pertinent, theneto, zand shall further, recite substantially that all. pro-
ceedings with reference to the rnaking of euch improvements 1'iave been regularly had
in compliance with Law, and tliat al.l. prerequfaftes to the fixing of 0"le assessment
lien against the property described in said certificates and the personal liability
of the owners thererof, 1'urve heen regularly had, done and performed, and such re-
citals shall be primm, facia evi-derice of the matters so recited, and no further, proof
shall be required in einy courr, imid t1w said certificates shall. provide substantially
that if default be made in the payment of any install.ment promptly as the same
matures, then, au the option ii:if the City, of Fort Worth, or its assigns, the entire
amount of tAie astiessmerd: shall be arid become finmedLately due and payable, together
with reasonable attorney's fees and costs of collectlori, if Incurred, all of which,
as well 99 the principal and iriterest, on tlne asseariment, shall. be a first, and prior
lien against the pr,��)perty, superior to aLl other iJens and claims except State,
County, School District, and City, ad valorem taxes ,, No error or mistake in naming
any owner or in descHbimp, any
property or" in any other matter or thing, shall
invalidate any assessinient or any certAficate issued in evidence thereof, and the
omission of improvements on any particular unit or In front of arky property exempt
by law from the Uen of special assessment for street improvements shall. not in-,
validate any aaaesnment levied, 1"he certificates referred to need not contain
recitals in exactly the works ivnbove provided for, but the substance thereof Shall
suffice, and they may contain ottte- and adiditional recitals pertinent thereto,
V1.
Bilds having reen adveittised for as required by Article 11 b of the re-
vised Civil Statutes of Teras, As amended, avid the bid Of AUSTIN HCAD CMPANY
having been founy—to-—be the lowest and
beat—'7)T;F TT—i e--I;''a 1 t 'n,_g a''T i,"�-1............ saki Improvements, the contract there-
fore 1.9 hereby awairded to AUSTIN it Cot,11ANY
.............................................................................. 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 19 on file with the City, the City Manager,, and the
City Secretary are hereby v1[7-ected to execute the said contract in the name of the
..........
City of Fort Worth, Texas, and to impresq the corporate seal of the City thereon,
the said contract embracing, among o0wer things, the prices for the work.
IV 11,
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 time City, an amount sufficient to pay said indebtedness
so incurred,
MT.
The improvements provided for- beTein 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 pcyweirs 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 11,05b of Vernon's Texas Civil Statutes, an 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.
1X.
Each unit above described shall be and constitute a separate and independent
unit of improvement and the assessments her-Pin 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 corre�m,,,,t 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.
XT,
The Director of Public Works of the City o,f. 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 sc.cordmnce with the terms of the pm era and
provisions of the Charter of the City of Fort Worth, Texas.
X11.
The City Secretary Is directed to prepare, sign and file with the County
Clerk of Tarrant County, Texas, a notice in accordance vith the 'Provisions of the
Act passed at the Fifth lalled 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 19"10, and now known as Article 1220a of
Vernon's Texas Civil Statutes.
ii 7G'
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. ���� DAY OF [�`
APPROVED AS TO FORM AND LEOALITY:
City Attorney
MALJA CORPORATION (DEVELOPER) MUTUAL LIFE INSURANCE CO.OF NEW YORK
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EXISTING STORM DRAIN K)to
PROPOSED INLETS UNIT 1-A MONY STREET O l4
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LEONARD PROPERTIES Y.ITY OF PORT WORTH
.^�,. /. � r GREEN WAY PARK
it of" Fort Worth, Texas
Mayor and Council Communication
Change Order No. 4-Assessment
DATE REFERENCE SUBJECT: C PAGE
NUMBER
3/10/75 Waving and Storm Drain in Ford Addition I of 2
C-3032
On February 24, 1975, (M&C C-3023; , the Council authorized the execution
of a contract with J. C. Griffith for the installation of community
facilities for Lots 2 and 3, flock 1, of Ford Addition, which includes
t'he paving and drainage of Mony Street from the east line of Lot 1, Block
1, Ford Addition, to I.H. 35W. , in the manner indicated in Informal Report
No. 2426, dated February 7, 1975.
The paving and drainage work covered under the community facilities contract
is proposed to be added to the existing contract with Austin Road Company
(M&C C-2436, October 7, 1974) by means of Change Order No. 4. The con--
tractor has agreed to provide this additional paving at the same unit
prices at previously bid originally. Unit prices were received from the
contractor for the new storm drain extension being paid for by the Brants
Company, The contractor has agreed to a total cost of $63,884.30 for the
paving and drainage for Many Street from the east property line-
in e-o-f-Lot 1,
Block 1, to interstate Highway 35W.
It will be necessary to set a public hearing in order to perfect the
assessment against adjacent property.
Zroj(jct Cost and Financing
Based on the original low bid and Change Order No. 4, approximately
$45,644. 75 is proposed to be assessed against abutting properties under
standard policy, to be provided for by a bond 'Lund transfer from the
Revolving Fund Unspecified Account, Total construction, engineering,
administration and miscellaneous costs to the City is approximately
$24,608.00, of which the developers will reimburse the City approximately
$17,795.76 for storm drain costs under the community facilities contract.
Sufficient funds are available in Project Account No. 104-24000-253 for
the City's portion of the costs.
Recommendations
It is recommended that:
1) the following bond fund transfer be approved;
Amount From To Reason
$45,644. 75 Unspecified r.?,evolving Ford Addition To provide funds for
Fund 042-09724-901 Revolving Fund property owners' share
042-10424-253 of construction cost.
DATE REFERENCE SUBJECT: Change Order No. 4-Assessment PAGE
NUMBER Paving and Storm Drain in Ford Addition 2 2
3/10/75 C-3032 —_ of --
2) An ordinance be adapted;
aN
) 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) The City Council authorize Change Order No. 4 extending the
contract with Austin Road Company to include the paving and
drainage of Mony Street from the east line of Lot 1, Block 1,
Ford Addition, to Interstate Highway 35W, a distance of
approximately 840 feet, in the amount and
e) Making appropriations to cover the indebtedness thereby
incurred for improvements of the property named ' bove. ,
S7
3) An ordinance be adopted:
a) Approving the estimates of costs and amounts proposed to
be assessed; and
b) Setting April 7, 1975, as the date for the Benefit Hearing.
RNL:lm
Attachment
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY
DIAPPROVED OTHER (DESCRIBE)
(4� C1 SECRETARY
PATE
CITY MANAGER
W
71