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HomeMy WebLinkAboutOrdinance 9640+~ ORDINANCE N0. G ~'- " AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION nF CHAPEL CREEK BOULEVARD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO JAMES W. JACKSON, INC. AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; MAKING APPROPRIATIONa FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED, MAKING PROVISIONS FOR THE LEVYING OF ASSESSI~fRNTS 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 OE 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: CHAPEL CREEK BOULEVARD From T-30 south approximately 190 feet to connect with the existing pavement, known and designated as Project No. 21-036800-00. 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 CHAPEL CREEK BOULEVARD From I-30 south approximately 190 feet to connect with the existing pavement; known and designated as Project No. 21-036800-00. The roadway will be const- ructed with 7 inches of reinforced concrete pavement and a 7-inch concrete superimposed curb over a 6- inch lime stabilized subgrade. The roadway width will be 60 feet on an 80 foot right-of-way. i r. Tl~e 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 Plana and Specifications therefor IV The coat of said improvements ea herein defined shall be paid f.or as follows, to-wi.t A The property abutting on that portion of the street, avenue or puhlic place and the real and true owners thereof shall pay alt of the cost of curbs and gutters in front of their property and not exceeding nine-tenths (9/lOths) of the estimated coat 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 tl~e 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 soma 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 ouch completion and acceptance and the assessments against the pro- perty abutting upon the remaining unite 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 eight (8%) percent per annum, payable annually except as to interest on the first installment, which shall be due and payable on the date said inatallmenr matures provided that any owner shall leave the right to pay any and all of such Installment at any time before maturity by paying principal with interest accrueu to the date of payment and further provided if default be made in the payment of any instatlment ?romptl3~ Es the same matures, then at the option of the City of Fort Worth or eta 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 cast 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 o£ 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 leas than $9.00 each, the first of such installments to become due and payable not more than ~. ~ u 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'e 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 ae known, and shall contain such other recitals ae 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 .f.ixing 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, sll of which, as well ae the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other i:.rna 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 11QSb of the re- vised Civil Statutes of Texas, as amended, and the bid of James W. Jackson, Inc. 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 James W._Jackson. Inc. 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 incurrtd 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 Acta of the First Called Session of the Fortieth Legislature of the 6tate 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. IR. 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 eo 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 anc! the aseesamenta against the property shall be valid XI. The Director of Public Works of the City or 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 RIII. The City Secretary ie 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 APPROVED AS TO FORM AND LEGALITY• ~! City Attorney C~~ ~~'~ i' ~~ _ ~ ~. ACCOUNTINO.2 ~/~ ~ Q ~J /~ ~ p ,(1/~ ~ /J I~ ~/ /~ SRANSPORTATIQNjPUBLIC ,WOS+rJC.~'i.$ '~/~-' ~/J/ ®~ 'W~ u W~ ~®IL~IV ~~l/ (L~ ~®~~ ((/(V~ (~/~j~1{j~ li/®~ N,QTER ApMINI DATE REFERENCE SUBJECT NWHKU UI- I.UIV ! KHI; I HJJtJJMtIV I 1'HV 1 U RAGE NUMBER OF CHAPEL CREEK BOULEVARD, FROM IH-3 3 5-20=86 **C-9655 TO 190 FT. SOUTH for RECOMMENDATION It is recommended that the City Council: 1, approve the following bond fund transfers: FROM 94-009905-00 Special Assessments Unspecified TO 94-036800-00 Chapel Creek Boulevard AMOUNT $13,643.90 REASON To provide funds for the property owners' share of construction costs. 21-025901-00 21-036800-00 $23,850.00 To provide funds Street Reconstruction Chapel Creek for the City's Unspecified Boulevard share of construc- tion costs. 2, adopt the attached ordinance• Adopted Ordinance N4. A) declaring the necessity for and ordering the improvements; 6) making provisions for levying the assessments, C) directing the Transportation and Public Works Department to prepare estimates of costs and amounts to be assessed; D) awarding the contract to James W. Jackson, Inc., in the amount of $46,105.25, based on their low bid, and, E) making appropriation to cover the indebtedness thereby incurred for improvements of the project described below. 3, adopt the attached ordinance: Adopted Ordinance tdo.~~ A) approving the estimate of costs and amounts proposed to be assessed, and B) setting June 17, 1986, as the date for the benefit hearing. BACKGROUND On August 28, 1984, (M&C C-8563), the City Councii approved Community Facilities Agreement No. 13989 with Great American Property Investors, Inc., for Chapel Creek Boulevard and Highway 80 Improvements. This agreement provided for the construction of Chapel Creek Boulevard from Interstate 30 south to the existing pavement on an assessment basis. DATE REFERENCE SUBJE "' """ "' """ ''~" ""' ' ""'""""' "" ' PAGE NUMBER ~S~ CHAPEL CREEK BOULEVARD, FROM IH-3 2 3 5-20-86 **C-9655 TO 190 FT. SOUTH or PROJECT DESCRIPTION The project consists of the paving of Chapel Creek Boulevard from I-30 south approximately 190 feet to connect with the existing pavement. The roadway will be constructed with 7 inches of reinforced concrete pavement and a 7-inch concrete superimposed curb over a 6-inch lime stabilized subgrade. The roadway width will be 60 feet on an 80 foot right-of-way. Construction of this short section of Chapel Creek Boulevard was delayed considerably due to the difficulty in acquiring needed right-of-way from the property owner on the east side of the street. RECEIPT OF BIDS Bids for this project were received on April 3, 1986, after being advertised on March 13 and 20, 1986, with 30 working days allotted. The bids are tabulated as follows. BIDDER AMOUNT James W. Jackson, Inc. $46",105.25 Walt Williams Const., Inc. 48,145.10 Centerline Constructors 49,844.30 MCAR Construction, Inc. 53,914.55 Lemke Concrete p 53,992.85 SRO Asphalt, Inc. 56,581.30 APAC-Texas, Inc. 57,132.90 M&D Construction; Inc. 58,532.87 Souter Paving 58,790.35 Harper-Rambo Contracting 59,804.61 Austin Road Company 62,683.28 Mason Construction, Inc. 65,207.75 Gibbins Construction 67,334.50 Lowell B. Allison Cont. 72,528.45 Engineering Estimate: $49,000 PROJECT COST AND FINANCING In accordance with the Standard City Policy and the low bid unit prices, the proposed assessment against adjacent properties is $22,261.10, of which $8,617.20 is the developer`s portion and will be paid in cash prior to the contract award. The remaining $13,643.90 will be provided for by a bond fund transfer from the Special Assessment Fund 94, Project No. 009905-00, Special Assessment Unspecified (in which sufficient funds are available) to Project No. 036800-00, Chapel Creek Boulevard. Upon approval of this M&C, $13,643.90 will be transferred from Fund 94 to Street Improvements Fund Z1, Project No. 036800-00. s >;~.~- ` T ~ -_„- a r ... -- DATE REFERENCE NUMBER SUBJECT OF CHAPEL CREEK BOULEVAR D, FROM IH-3 PAGE 3 3 **C-9655 TO 190 FT. SOUTH -_of The cost to the City for con struction is approximately $23,844.15. A bond fund transfer will be necessary in the amount of $23,850.00 from Street Improvements fund 21, Project No. 025901-00, Reconstruction Unspecified (in which sufficient funds are available) to Project No. 036800-00, Chapel Creek Boulev and to finance the City's share of the cost. The expenditure will be made from Index Code 642199, Construction . Sufficient funds are available i.n Street Improvements Fund 21, Account No. 095102-00, for the City's engineering costs. DAI:dx APPROVEp BY CITY CO~NCIl~ MAY ~p ~~~ ~~ ~ ~~~ ~ SUBMITTED FOR THE - CITY MANAGER'S OFFICE BY DISPOSITION BY COUNCIL. PROCESSED BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD terra CITY SECRETARY FOR ADDITIONAL INFORMATI~Nrolet 7805 CONTACT DATE