HomeMy WebLinkAboutOrdinance 7635 ORDINANCE NO. -7 3
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF EAST ROSEDALE, STREET
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO AUSTIN WAD 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 OWNFRS 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:
1.
The hereinafter described Plans and Specifications are hereby approved and
adopted.
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:
EAST ROSEDALE STREET From Ayers Avenue to 200' east of Stalcup
Road, known and designated as Project No.
104-25000-207.
11Y
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:
EAST ROSEDALE STREET From Ayers Avenue to 200' east of Stalcup Road,
known and designated as Project No. 104-25000-
207, a four-inch thick hot-mix asphaltic concrete
surface course on existing concrete base and re-
placing existing gravel base with five-inch thick
hot-mix asphaltic concrete base, on a sixty-foot
roadway.Seven-inch high concrete curb and two-
foot wide concrete gutter will be constructed
where faulty or non-existant. Six-inch thick
concrete driveways will be constructed where
specified.
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-win
A, The property abutting on that portion of the street, avenue or public
place and the real and true owners thereof ahall 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 Hen upon such properties and a personal
liability of the real and true oOners there of and shall be payable to-wit:
When the improvements are completed and accepted by the City an 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
an 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 aseessments 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 aum)unt assessed against the particular parcels of property shall beer
interest from the date of such completion and acceptance of the improvements an the
unit upon which the particular property abuts at the rate of six (6%) percent pet,
annum, payable annually except as to interest an 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 befare
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 an the some
matures, then at the option of the City of Fort .' orth or its assigns, the entire
amount of the assessment upon which such default in made shall be and become immedi-
ately due and payable; but it in specifically provided that no assessments shall in
any come 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 ancertalned at the hearing pro-
vided by the low in force in the City, nor shall any assenament be made in any come
until after notice of hearing an provided by low. Said assessments against the
respective lote 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 duty 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 then 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, ttlat 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 psyment 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 amm,,)unt 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 olf the City of Fort Worth, or its a-saigns, 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 1 �ens 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.
V1,
Bids having been advertised for as required by Article 1105b of the re-
vised Civil Statutes of Texas, as amended, and the bid of Austin Road Company
been found to be the lowest and
beat bid for the making and construction of said improvements, the contract there-
fore is hereby awarded to -Austin Rnad 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
City of Fort Worth, °Texas, and to impress the corporate seal of the City thereon,
the said contract embrr°aa:�l.ng, 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 cur°rent revenues of the City, an amount sufficient to pay said indebtedness
so incurred.
VIII.
The l.mprovemer�!its 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 al�rove 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 corlrrrrsti,on, it shall be sufficient to so state, and it shall not be
necessary to give the cor~rect name of the owner, but the real and true owners of
the property mentioned Oia'll be liable and the assessments against the property
shall be valid„
XI.
The ir°er°tor 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 coat
of such improvements in each unit, in accordance with the terms of the powers and
provisions of the (."Atart'er 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 Secretnry 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 7 DAY OF�- -+° ^ 19 '7 7.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
,, City of Fort rt , Texas
s
UK"IT
QWHAM Mayor and Council Communication
..................
rMAKE 7 ,a r ua � - Resurfacing
PAGE
and Reconstruction of East Rosedale 2
r
City ouncil action is required on project, Naa, 104-25000-207, as described
below:
Roadway R.O.W.
traset L imn�, S ";l.alth-Fers,t Widtlhi,-Feet
East Rosedale Ayers to 20V 60 80
East of Stalcup
rl ? , cam, ,
The '1976- Capital Improvement Program (Page D-1 to la provides for
resurfacing cing areal/or reconstruction of existing permanently nentl paved streets.
Streets were selected on the basis of rued lc r u / , °ucti ,
high maintenance costs, and traffic demands.
aaa rya . as
East Rosedale will be reconstructed by repairing the existing concrete base
Kere necessary; replacing the existing gravel base withmajor thoroughfare
au.re
grave hot-mix asphaltic t:oncr t base; and constructing a new hot-mix
asphaltic concrete surface course an the entire id t of the street. Concrete
curb, gutter and driveway to roathesa will be replaced where necessary ar `sue to
deterioration and Were none presently exist. Also included is an extensive
storm drain system in the Ayers/East t os edaale area and minor extensions in
the Rosedale Plaza area.
Submission-of ;Bids
The following bids were received on September 8, 1977:
Bidder Amount
Austin Road Company $1,247,510.57
Texas dituulitlul;,t Company, 1,343,337.40
air lrag Days Allotted w- 250
ruet et ul lrlt a s auu
Standard City policy states that aua der street resurfacing and reconstruction,
wbere streets are not widened, property owners shall not be assessed any portion
of this cost except for new curb and gutter, driveway approaches and sidewalks
where none existed before. Accordingly, $17,151.47 isu rraposel to be saessed
against abutting properties. Funds for the property ownersua share of construc-
tion costs will be rovide for by a bond faun transfer from the Revolving
Fund Unspecified. Total cot to the City for construction, including ngin rl
is estimated to be approximately $1,,,3" 0,,1 a . , Bond fund transfers are
required 'rom the Resurfacing and aronstruuctl.on Unspecified Account for the
City's construction costs and from the Engineering Unspecifled, Account to
DATE REFERENCE suwwr.. Contract Award - Resurfacing PAGE
NUMBER and Reconstruction of East Rosedale 2
9/27/77 C-3927 Street 1976-78 C.1,P. Pa D.-I. to
supplement the Project AccOtint.
Recoitmenda t ions
It is reconmended that;
1) The following bond fund 'transfers be approved:
Amount From To Reason
12,1, 1.47 Unspecified Resurfacing & To provide funds for the
Revolving Fund Reconstruction of property owner's share
042-09000-901 as Rosedale St. of construction costs.,
042-12000-207
$1,236,600.00 Resurfacing & Resurfacing & To provide funds for the
Reconstruction Reconstruction of .t ea share of construc-
Unspecified East Rosedtale St. ties ~s costs.
104-25000-901 104-25000-207
23,563.00 Engineering Resurfacing & To provide additional
UnspecifiedReconstruction of funds for engineering
East Rosedale St.
104-95000-901 inspection and adminis-
104-25000-207 tratLon.
2) An ordinance be adopted:
a. Declaring the necessity for and ordering of the improvements;
b. Making provisions for levying assessments;
c. Directing the Public 'Works Department is prepare estimate of costs
and amounts to be assessed;
d. Awarding the contract to Austin Road Company in the amount of
$1,247,510.57 'based on their combined l,ow bid; 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 am,ounts proposed to 'be assessed;
and
b. Setting October 25, 1977 as the da,te for the Benefit Rearing.
GG:sm
SURMITTE0 BY: DISIPOSITIOP��Y COUNVU PROCESSED, By
WAPPROVED r-I OTHER (DESCRIBE)
SECRETARY
figsg 6_QKd%rJA& i�ove,- It DATE
CITY MANAGER - 2 7
TL —Set
.Petting
October 25, 1977 as date for the Benefit mar ingo