HomeMy WebLinkAboutOrdinance 7446 ORDINANCE NO._
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF ARBOR 2 VE 10E
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO ,nNV 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 TAR1.tANT 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 01' PORT 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:
UP11 1 1: ARBOR FnntENVDE Firom 160' east oC PPuoenn:pux Drive to F r-annc'is.
Dr l ve, known and deny k gnatad as Prn jen:t
1()4-2400024'70 Ua-'t J .
Ali"N"IT 2: HAND1.EY DRIVE F'n°a,m Brentwood Starr unoad to l,n:wop 820 Service
Road, known and desiP"pnnn:;ed as 1 1roject. No. 1.04-
24000-24' , Unit 2.
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 I.- ARBOR AVENUP".x From 1.60' east of [hoenix Drive t�o Francis Drjrre,
known and designated as Pz,,oject No. 104-24,000-2477
(b,flt I., a fLve-J.nch Liflck hot-mix asphal,tic concrete
pavement wi a five-Inch thl-ck. li.me stab�Hized, sulb..'
gr,ade with seven-inch hi.gh coricrete curb and ei�;hteen-
i,nch wi-de concrete gutter ot."n a thirtly foot tir,�adway.
Ilix-inch thick concrete driveways will ronstructed
S
vlhere specifl.ecl.
UNIT 2; HANDIXY DRIVE From Brentwood Stair Roaf,", to Liaoi3 8210 Service Road,
kna,,in and designated as Prc,aJect No. 104-24000-247,
Unit 2, a seven-inch thick hot-mix asphal,tic colacrete
pavement oji!t a six-Lnch, t:hick cement stabili,zed subgrade
wi'tlh Seven-itach high concrete curb and eighteen-inch
wi,de crjr,°tcrete gutter on a fortyt7our foot roadway.
Sixdy,,ich thick concrete d'riveways wi.i V. he cortstructed
r,7'here specif ied.
30 days a f ter the coqil e t. ion and acceptance by the City of the particular unit,
PROVIDED FI)RTHER, that the City A torney Is hereby empowered to authorize payments
of said sums iri Legser instal Lments and/or over a longer period of time in cases in
which t'i'ne Director of Public Works has previously determined that an extreme financial
hardship upon the property owner will otherwise result and PROVIDED FURTHER, that
such metliod of payment shall be Ruthorized only, In instances where the owner or owners
of property abutting upc,eiri niich coinpleted and accepted unit shall have executed and
delivered tcu the Cirry of Fort Worth a lawful , valid and tAnding note and mechanic's
and materialman's contract upinn fnrrus 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 ow,nere ar,.,coj-djng to t.he terma thereof Hof the sums assessed against such
property.
V.
propert7 and the
The assessments npainst the rexpective lots and parcels of'
owners thereof shall 'he eviden.ced by, certificates oF special assessment, which
shall be eXirecuted in 0,te nanw of the City by the Mayor of said City and the City
Secretary shall attest tiie snme and impreaq the corporate seal of the CIty rhereon,
and which Mayr have attr;0'ierl thereto c uponA In eviderice of the several installments,
or in evidence of any of rhoe Installments In whtcl,u the assesament Is payable, which
certificates shall he issued to 0v! t"I [ty of Fort, Worth, shall rerfte the terms and
time of payinent , rbe armmint of Che assessment , the description of the property,
and the naine of the owners. 99 fiqr as known, and shall contain such other recitals
as may be pert trient- a:hexeto, wand ahall fiwher recite substantially that all pro-,
ceedings With reference to the wnakl,nD„r of su(,.,h [mprovements have been regularly had
in complianicee wiirl,u law, .,irnd Chat & l 1.i eroequisltes to the fixing of the assessment
lien against the property desrribed in said certificates and the personal liability
of the nwners thereu� ,j 'have been regularly had, done and performed, and such re--
citals shall be pritna facis evidence of the matters so, r-ecited, and no further proof
shall be requirvd in any court, and the said certificates shall provide substantially
that if default 1pe wade in the 1)ayinent of any ir stallment promptly as the same
matures, tl,mn, at tf�e option of the City of Fort Worth, or Its assigns, the entire
arnount of' the assessment nhalL be and become immediately due and payable, togetluer
with reasonable attarney's fees and costs of collection, if Incurred, all of which,
I [ iall he a firat and prior
as we a” the prfru�,ipal arA Interest on the asgensment , at
lien againat the propei°ty, superior to all other Lk ens and clairna except State,
Count,y, Sclvaol District, -and City ad valorem taxes , No error or mistake in naming
any owner or In describing property or in any oiher matter or thing, shall
invalidate any a9sessaient or, any certifto!:ste immued in evidence thereof, and thie
omission of improvements ion any particular unit or in front of any property exempt
by law from tl�iie Lien of assessment for street improvements shall not in
validate any iqaessment levied,, The certificates referred to need riot contain
recitals in exactly the works atm,)ve provided for., hut the substance ttioreof shall
suffice, and they may contahi o0ve and additional rectals pertirwrit thereto,
1t l' .
Bids having a,ween advertised for an required by Article 11055 of the re-
vised Civil Stattites of: llexas, as amended, and the bid of d
having been found to be the lowest and
best bid for the making and construction of said Improvements, the Contract there-
fore it; hereby swarded to Austin
..°. ......., .............................................................................. ....... at and for the prices stated in the Proposal
of as- d company, and as repcirted and 7 ecommended by tlie Public Works Department, which
said report and recommiendation 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 ttte (!�orPOTflte seal of the City thereon,
the said contract embracing, arnong other things, the prices for the work.
vii,
To provide Foyr tt e payrnent 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 smount sufficient to pay said indebtedness
so incurred.
VIII.
The improvements provided for hereiri shall be made and constructed, notice
given, hearing held and assessment lev,ied 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 1.105b 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 t.:he assessments herein provided for shall be made for the
improvements i,n each unit according ito the cost of the Improvements in 0,14t unit
and according to the benefits arising from the improvements in that unit,
F,
In making aaaessments, If thip name of the owner be unknown, I.t shall be
sufficient to so state the fact, and if any property be owned by an estate or by
any firm o�r 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 tri.le owners of
the property mentAoned shell. be 11able and the assessments against the property
shall be valid.
X1.
The Director of Puhlic 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, Jr, accordance with the terms of the powers and
provisions of the Charter of' the City of Fort Worth, Texas.
The C1 t,
y, Secretary is directed to prepare, sign and f!.le with the County
Clerk of Tarrant County, Texas, a notice yin accordance with the provisions of the
Act passed at the Fifth Called Session of the Forty-f1rat Legislature of the State
of Texas, and shown as Chapiter 21 of the Acts of said Session of the Legislature,
said Act having been passed In the year 1930, and now known an Article 1220a of
Vernon's Texas Civil Statutes,
XIII,
The City SecretSTY 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.
1'y
This ordinance shall take effect and be In full force and effect from and
after the date of its passage,
� cep ,��*a
PASSED AND APPROVED THIS DAY OF , 19�.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
PROJECT' . 104 - 24000 -247
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Unit 2 : Handley Drive
TWO MISCELLANEOUS TONS
FORT WORTH, TEXAS
November 29, 1976
it THE HONORABLE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,
,��..,,ntlemen and Mrs. Rimmert
In accordance with the proceedings of your Honorable Body, I have prepared
��srimates of the cost of street improvements as shown below,
Estimates of the total cost of improvements on a portion of Arbor Avenue
-,nod portions of sundry other streets, avenues and public places in the City of Fort
4orth, 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,
?R(,�ECT 104-24000-247, UNIT 1: ARBOR AVENUE FROM 1605 EAST OF PHOENIX TO FRANCIS DRIVE,
be improved by constructing, a five-inch thick hot-mix asphaltic concrete pavement on
Eive-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen
in,c-:n wide concrete gutter on 8 thirty foot roadway. Six-inch thick concrete driveways
11',iil be constructed where specified.
rhe fullowing assessment rates have been established:
Five-inch hot-mix asphaltic concrete pavement
(Residential zoning) . . . . . . . . . . . . . . . . .$ 2.881[,.Fo
Seven-inch curb and eighteen-inch gutter. . . . . . . . . . . .$ 5,62/'L�F,
Six-inch thick concrete driveways. . . . . . . . . . . . . . . . . . .$ 1.56jS�F,
1"he assessments result in the following division of cost:
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) . . . . . . . . .$ 2,147.72
TOTAL COST TO CITY OF FORT WORTH. . . . . . . . . . . . . . . . . . . .$ 9,350.05
TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . . . . . . . . . . . $11,497.77
TIRO'l-ECT NO. 104-24000-247, UNIT 2� HANDLEY DRIVE FROM BRENTWOOD STAIR ROAD TO LOOP 820
7
SER"VICE ROAD, to be improved by constructing a seven-inch thick hot-mix asphaltic concrete
pavement on a six-inch thick cement stabilized subgrade 'with seven-inch high concrete curb
and eighteen-inch wide concrete gutter on a forty-four foot roadway. Six-inch thick
concrete driveways will be constructed where specified,
fh,e f(,)llowing assessment rates have been established :
Seven-inch hot-mix asphaltic concrete pavement
(Commercial & apartment zoning) . . . $16.71/L.F.
Seven-inch curb and eighteen-inch gutter. . . . . . . . . . . . .$ 3.36/L.F.
Six-inch thick concrete driveways. , , . . . . . . . . . . . . . . . . . 1.38 S.F.
The assessments result in the following division of cost!
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS). . . . . . . _$29,796.03
TOTAL COST TO CITY OF FORT WORTH. . . . . . . . . . . . . . . . . . . . .$29,506. 19
TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . . . . . . . . . .$59,302.22
BC'11�4 UNITS,,
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) . . . . . . . . . .$31,943.75
TOTAL COST TO CITY OF FORT WORTH. . . . . . . . . . . . . . . . . _$38t856.24
TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . . . . . . . . . .$70,799.99
-I -
.111, W
ACK M. GRAHAM, P.E.
I TY ENGINEER
TY ENGINEER
PROjECT NO. 104-,24000-247, UN]"J' 10 ARBOR AVEN1�2, FROM 160' EAST OF PHOENIX DRIVE TO FRANCIS
...............-
' RI ii,, t o be improved by cons�rrucring a five-in�.,h thick hot-mix asphaltic concrete pavement
on a five-inch thick lime s�abilized subgrade with seven-inch high concrete curb and eight-
""w°; foot roadwa , Six-inch thick concrete driveways
""11 lnc�x wide concrete gutter on a t Y
,.ill be constructed where specified,
BLOCK
RATE AMOUNT ASSESSMENT
N4 NE R LOT NG ZONI FRONrAGE
N,'0RTh SIDE WESTERN HILLS ADDITION
Beginning at a point 160"' east of Phoenix Drive.
3 140 S, f', Driveway 1. 56 218.40 $ 218.40
<. La G ue 5 f:
3117 Phoenix Drive
F'ort Worth, Texas
76116
BROADMOOR ADDITION
0 "V" Reeves 9 13 140.9' Side lot adjusted
8200 Arbor Avenue to 100' Pavement 2.88 288.00
f'ort Worth, Texas 100' Curb & gutter 5,62 562.00
)6116 147 S,F, Driveway 1. 56 229.32
$1,079.32
SIDE
Pc6ert W. Says 1 7 141 .5' Side lot adjusted
4025 Weber Res. to 100' Pavement 2.88 288.00
ort. Worth, Texas; 100' Curb & gutter 5.62 562.00 $ 850.00
UNIT 1. TOTAL COST TO PR,DH,,RTY OWNERS (ASSESSMENTS) . . . . . . . . . . . . . . .$ 2,147.72
TOTAL COST TO C ITY OF FORT WORTH . . . . . . . . . . . . . . . . 9p3c
350.05
1,497.77
TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . . . . . . . . . . . . . . . . .{1
PROJECT NO. 104-24000-247, utyrr 2-, HANDLEY DRIVE FROM BRENTWOOD STAIR ROAD TO LOOP 820
ERVICE ROAD to be improved by construc
ting a seven-inch thick hot-mix asphaltic concrete
pavement on a six-inch thick cement stabilized subgrade with seven-inch high concrete curb
and eighteen-inch wide concrete gutter on a forty-four foot roadway. Six-inch thick concrete
driveways will be constructed where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
WEST SIUE RECTOR COLLINS SURVEY
'beginning at the northwest corner of Brentwood Stair Road and Handley Drive.
Roy L. Bowden, et al Tract 172.5' Pavement 16.71 2,882.48
b113 Hulen Comm. 172. 5' Curb & gutter 3.36 579.60
F'ort Worth, Texas 3,462.08
76113
LAVEA R. KILMAN ADDITION
LaVea R. Kilman
Lade Of the Woods 3-R 425.4' Pavement 16.71 7,108.43
P.O. Box 839 Aft. 415.4' Curb & gutter 3.36 1,395.74
Locust urove, Virginia 8,504. 17
22508
CHRISTOPIIER ADDITION
Shallow lot
'naic,us L. Sexton 1 203,81" adjusted to
1510 McKenzie G mm. 104" Pavement 16.71 1,737.84
fc,,,�rt Worth, Texas 1041 Curb & gutter 3.36 349.44
76105 70 S,F, Driveway 1.38 96.60 2,183.88
r,RC):ECT NO, 104-24000-247, UN,IT 2 , MNDLE"i DR�VE continued
AST SIDE EDERVILLE ADDITION
A,A. Carrigan 2 & 3 36 185' Pa-,jement 16.71 3,091.35
% Mrs. J.J. Bobo Apt. 185' Curb & gutter 3.36 621.60
2613 Haynie Street 58 S ,F,, Driveway 1.38 80.04
fort Worth, Texas 3,792,99
76112
3rd Street intersects,
C'C, C"Umm, Jr. 2 & 3 43 140' Njavement 16,71 2,339.40
?,0, Box 670 Comm. 140' Curb & gutter 3,36 470.40
Fort Worth, Texas 2,809.80
76101
Ple,,,idowbrook Natrl Batik I A 425' flavement 16.71 7, 101.75
6701 Brentwood Stair Road Comm. 425' Curb & gutter 3.36 1,428.00
Fort Worth, Texas 372 SF, Driveway 1,38 513.36
9,043. 11
UNIT 2, TOTAL COST TO PROPER117Y OWNERS ( ASSESSMENTS! . 4 . . . . —$29,796-03
TOTAL COST 'TO CIV�` Of FORT WORTH, , w o . . . . . . . . . . . . . . . . .$29,506.19
TOTA I ESTIMATED CONSTRUCTION COST, . . . . . . . . . . . . . . .$59,302.22
BOTH UNITS° TOTAL COS L' TO PROPERTY OWNERS (ASSESSMENTS)h . . . . . . . . $31 ,943,75
TOTAL COST TO CITY 0i M,'�!T' WORTH $38,856.24
ICIAL ESTIMATED CONSTRUCTION COST , $70,799.99
ity of Fort Worth, Texas
Mayor and Council Communication
a� ` DATE REFERENCE suBJECT: Award o£ Contract - Asu; nient PAGE
NUMBER Paving at Two Locations, 1976 C.I.P.
12/3/76 C-.3600
P.C_l i of
City Council action is requested on Project No. 104-24000247, as described
below:
Roadway R.O.W.
Unit Street Limits Width-Feet Width-Feet
1 Arbor Ave. 160' E. of Phoenix to 30 50
Francis Drive
2 Handley Dr. Brentwood Stair to Loop 44 60 to 75
820 Service Road
Origin of Project
Unit 1, Arbor Avenue, was initiated by a paving petition signed by the owner
of 50 percent of the adjacent property.
Unit 2, Handley Drive, its specified to be assessment paved in Community Facili-
ties Contract No. 8635, approved by M&C C-3378, 4/19/76.
Tmprovements
Arbor Avenue will be improved with residential grade hot-mix asphaltic con-
rrete pavement, with concrete curb, gutter and driveway appro,r cheF..
llandley Drive is a county type road with dirches on each side and will be
mnroved
r with collector grade hot-mix asphalt c concrete pavements concrete
11 '.urb, gutter and driveway approaches; and required drainage facilities and
appurtenances.
Submission of Bids
The following bids were received on Novembe- 16, 1976:
BIDDER AMA)`MI'
Austin Road Company $58,032.78
Texas Bituli,thic Co. 62,025.70
L. Grimes, & Co. , Inc. 64,187.05
S.R.O. Asphalt, Inc. 70,537.30
Working Days Allotted: 50
Project Cost and F'inancin&
Based on the low bid and standard policy, approximately $31,943.75 is proposed
to be assessed against abutting properties, which will be provided for by a
bond fund transfer from the Revolving Fund Unspecified. Cost to the City
for construction, engineering, administration and miscellaneous expenses is
DATE REFERENCE SUBJECT; Award of Contract - Assessment PAGE
NUMBER
12/3/76 C-3600 Paving at Two Locations, 1976 C,,I.P. 2_- Of 2
........ _2.0-1
estimated to be approximately $38,856.24, requiring bond fund transfers from
the Assessment Paving Unspecified and Engineering Unspecified Accounts.
Recommendations
It is recommended that:
1) The following bond fund transfers be approved:
Amount From To Reason
$31,943.75 Revolving Fund 2 Miscellaneous To provide funds for the
Unspecified Locations property owners' share of
042-09000-901 042-12000-247 construction costs.
$26,200.00 Assessment 2 Miscellaneous To provide funds for City's
Paving Unspeci- Locations cost of construction.
fied 104-24000-247
104-24000-901
$10,800.00 Engineering 2 Miscellaneous To provide funds for City's
Unspecified Locations cost of engineering
104-95000-901 104-24000-247
(Future Sales)
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 Austin Road Co. , in the amount of
$58,032.78
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 December 27, 1976, as the date for the Benefit Hearing.
GG:sm
SUBMITTED BY: DISPOSITIOJN, BY COUNCIL: PROCESSED BY
b'APPROVED [I OTHEq (DESCRIBE) () ��, ;I,
CITY SECRETARY
DATE
J
CITY MANAGER 14.
a. 'A A