HomeMy WebLinkAboutOrdinance 7835 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF WEST CLEBURNE ROAD
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO SOUTHWESTERN CONTRACTING COMPANY AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU-
TION; 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
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.
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:
UNIT 1: WEST CLEBURNE ROAD From Hulen Street to Sycamore School Road,
known and designated as Project No. 104-
36408-00, Unit 1.
UNIT 2: WEST CLEBURNE ROAD From Hulen Street to 2,589' west, known and
designated as Project No. 104-36474-00, 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 1: WEST CLEBURNE ROAD From Hulen Street to Sycamore School Road, known
and designated as Project. No. 104-36408-00, Unit 1,
a seven-inch thick hot-mix asphaltic concrete pave-
ment on a six-inch thick lime stabilized subgrade
with seven-inch high concrete curb and eighteen-
inch wide concrete gutter on a forty-foot roadway.
UNIT 2: WEST CLEBURNE ROAD From Hulen Street to 2,589' west, known and designated
as Project No. 104-36474-00, Unit 2, 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 forty-
foot roadway. 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 snd appurtenances ; s11 of said improvements to be constructed
an sand where shown an the Plans and Specifications therefor.
IV.
The cost of said improvementa as herein defined shall be paid for as
follows, to-win
A. The property abutting on that portion of the street, avenue or publir
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
eatimated cost of the remainder of such Improvements,
B. The City of Fort Worth AM pay all of the remainder of the cost A
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 agaLnet 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 oaners there of and shall be payable to-wit:
Wben the improvements are completed and accepted by the City on as particular,
unit , the sums movenned 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 assessments against the pro.-
party abutting upon the remaininp 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 sonessed againat 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 per
annum, payable annually except as to interest on the first installment, which shall.
be due and payable on the date astd Lnotallment matures provided that any owner
shall have the right to pay any and all of such inatallment 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 name
matures, then at the option of the City of Port .l or its assigne, the entire
amount of the anneemment upon which such default to 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 toy property in the enhanced value thereof by means of said improvements in
the unit upon which the particular property abuts, an ascertained at the hearing pro-
vided by the low in force in the City, nor shall any assessment be made in any case
until after notice of hearing an provided by low. Said assessments against the
respective late and percale of property and owners thereof shall be evidenced by
certificates of a speciel 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 anneseed against abutting property upon such completed and accepted unit
in not more than forty-eight equal regular monthly installments of not loss then
$9.00 each, the first of such instatIments 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 nmkIng 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 lkens 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 Southwestern Contracting 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 Southwestern Contracting 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 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 -7
APPROVED AS TO FORM AND LEGALITY:
City Attorney
City of Fort Worth Eexas
Mayor and Council Communication
DATE REF REN CE SUBJE CT: Award of Contract - West Cl eburne PAGE
NUMBER
10-17-78_ _Road Paving a.nd. Drainage Improvements
C-4387 I of
_. ___ ( I -3 and G-4) 3
City Council, action is requested on Project No. 013-036-408, Unit 1 and Pro-
ject No. 013-036-474, Unit II, as described below:
ROADWAY R.O.W.
UNIT STREET LIMIT'S WIDTH-FEET WIDTH-FEET
I West Cleburne Hulen Street to east 40 60
Road and north to Sycamore
School Road
II West Cleburne 2,589 feet west of 40 60
Road Hulen Street to
flulen Street
Origin of Project
This project was initiated in conjunction with Comciunity Facilities Contract
No. 8957, CandleRidge Ae-dition, Phase VI, approved October 4, 1976 (M&C C-3539) ,
and Contract No. 9795, '11'he Meadows Addition, Phase I, approved April 18, 1978
(M&C C-4157) . West Cleburne Road is a border street to both developments. In
addition, a Community Facilities Contract is imminent for the development of
Parkwood East Addl,tion on the east side of West Cleburne Road.
Improvements
This portion of West Cleburne Road is a county-type roadway with penetration
pavement and borrow ditches. Improvements will include construction of
collector grade hot-mix asphaltic concrete pavement with concrete curb, gutter
and dtiveway approaches on a 40-foot wide roadway. Storm drain improvements
will consist of approximately 2,,134 feet of reinforced concrete culvert pipe
and appurtenances.
Receipt of Bids
The project wa3 advertised for bids on September 7 and September 14, 1978, and
the following bids were received on September 28, 1978, with 150 working days
allocated:
, .
°
OPMR
Austin Road SY, 10.25
Bamed an the law biO id stavdard policy, a? praximat ," , $237,05.92 is
proposed to Y assese , against abutting praperties, ' ich will ba pervided
for by i bond Mud tr sfer from the Revolvine Pund Unn - cifirl. Care to the-,
$315,4Y.27 ohd $140, 14 .62 for storm drain facilitier. Upon comnletion of
the project, Lpproxim, -sly $126,144.24 will be -vtKurnO = the City by the
the normal reMentin? Assessment rate. '
Unspecified Mcount to -applament the project account for the City's con-
struction cor, and No- the Unpinaering Unspecifie! Account for the City's
engineering annts.
It is recourpnied thit ,
1. The follnwing bond %nd transfers be approveM
lmoant From 'To
Unspeciflid West Cleburne P, )a:t-; owner's
$112,614.61 Malvin- Fund Rev-1ving Fund Froviie funds for
094-M - 01-00 Ro&d (The Meadowi) Z,4re of construction
091 415-476-00 COM.
0211,901.0V Street, In Now Went Cleburne nond Yrovide funds for
021-13A-901-00 M-336-48-00
. ^
DATE REFERENCE SUBJECT-,�kward of Contract - West Clerburne PAGE
10-17-78 NUMBER Road Paving and Drainage Improvements 3 of 3
Amount From To Reason
32,096.00 Engineering West Cleburne Provide funds for
Unspecified (CandleRidge V1 & City's engineering
(1978 CJ.P. Parkwood East) costs.
$182,900.00 Streets in New West Cleburne Road Provide funds for
Additions (The Meadows) Cityls construction
$ 13,300.00 Engineering West Cleburne Road Provide funds for
(1978 C.I.P. (The Meadows) Cityls engineering
Allotment) 021-036-474-00 costs.
2. An ordinance be a,dopted:
a) Declaring the necessity for and ordering the improvements;
h) Kiking provisions for, levying assessrents;
c) Directing the Public Works Department to prepare estimates
of eosts aud amount to be assessed;
d) Awarding the contract to Southwestern Construction Company
in on azount of �,,591,645.85 based or their 1(,,)w bid; and
e) Making appropriatic.,as to czolrer the- Indebtedness thereby
incurred for improvemerts of the project ranad obove.
3. An ordinance be adopted:
a) Approviag the estinvites of costs and amounts proposed to be
assessed; and,
b) Setting November 14, 1978, as the date for the Benefit Hearing.
Attachment
SUBMITTED BY: DISPOSITIO BY COUNCIL: PROCESSED BY
/APPROVED Ej OTHER (DESCRIBE) 1 4-
7, 6" io SECRETARY
Necessity_4_���_jjqpr2vejnen DATE
ip
Ld rdiaga�Zg go It,It.7
November 14, 1978 as Date of Benefit Hearing.
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