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HomeMy WebLinkAboutOrdinance 9545ORDINANCE NOD ,j AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF KEMBLE STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES 'IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO LOWELL B. ALLISON CONTRACTOR, INCORPORATED 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 ASSESSI~fENTS 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 descrfbed portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: KEMBLE STREET From Shilling Drive eastward to Cul-De-Sac, known and designated as Project No. 29-024312-00, Unit I. SOMERSET DRIVE From Normandy Drive southward to Martha Lane, known and designated as Project No. 29-024312-00, Unit II. 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 KEMBLE STREET From Shilling Drive eastward to Cul-De-Sac, known and designated as Project No. 29-024312-00, Unit Z, a six- inch thick hot=mix asphaltic concrete pavement with seven=inch high concrete curb and eighteen-inch wide concrete gutter on an eight-inch thick lime stabilized subgrade, so that the finished roadway will be twenty- four feet wide and ending with an eighty-feet wide cul.-de-sac. Six-inch thick reinforced concrete driveway approaches will be constructed where required. SOMERSET DRIVE From Normandy Drive southward to Martha Lane, known and designated as Project No. 29-024312-00, Unit II, a Seven-inch .high concrete curb and eighteen-inch wide c concrete gutter on a two-inch thick sand cushion with hot-mix asphaltic concrete tie-in to the existing pavement on the east side of the street only. Addi- tionally, the entire roadway will be resurfaced with a riew two-inch thick hot-mix asphaltic concrete over- lay so that the finished roadway will be thirty-six feet wide.. Six-inch thick reinforced concrete driveway approaches will be constructed where required 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-wit 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/lOtha) 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 the real a,nd 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 err:completed and accepted by the City on a particular unit, the auma assessed against property abutting upon such completed and accepted unite 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 such completion alnd 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 inetallmenr 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 installment promptl3 as 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 case 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 aecert'ained 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 aasesamente against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of a special aaaesament which shall be executed in the name of the City of Fort Worth, PROVIDED, however, that acting through its duly authorised Director of Public Works, the City of Fort Worth retaining the right to authorized payment of the auma assessed against abutting property upon such completed and accepted unit in not more than forty-eight equal regular monthly inatsllmenta of not less than $9 00 each, the first of aiich installments to become due snd 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 installment,e 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 Bums assessed against such property V. The aeaesaments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special assessment, which shell 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,asseasment, the description of the property, and the name of the owners, as far as 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 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 ao 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 ia.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 Lowell B~ Allisonr~~ Contractor.,~Incorporated 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 Lowell B. Allison,Contractor, Incorporated 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 auff.icient 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 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. 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 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 shell be liable and the assessments 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 fs 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 Acta of said session of the Legislature, said Act having been passed in the year 1930, and now known as Article 1220e 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 APPROVED AS TO FORM AND LEGALITY: 19~ City Attorney ~-''~ ." PROJECT N0. 29-024312-00, UNIT I, KEMBLE_STREET FROM SHILLING DRIVE EASTWARD TO CUL-DE-SAC, to be #mproved by constructing a six-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb and eighteen-inch wide concrete wide concrete gutter on an eight-inch thick lime stabilized subgrade, so that the finished roadway will. be twenty-four feet wide and enditg with an eighty -feet wide cul-de-sac. Six-inch thick reinforced concrete driveway approaches will be constructed where required. BLOCK OWNER IAT 7ANING BEGINNING AT SHILLING DRIVE NORTHSIDE Dr . S Mrs. Kenneth Tract A A. Livingston A 616 Cholla Drive Fort Worth, TX 76112 SOUTHSIDE Gary A. Peacock 6R ~ A Route 1, Box 87H SR A Haslet, TX 76052 James C. Corder 4 A 4754 Kanble Street A Fort Worth, TX 76103 Allen C. Alcorn 3 A 2310 W. Magnolia Ave. A Fort Worth, TK 76104 SUBTOTAL THLS PAGE FRONTAGE RATE ANDUNT ASSESSMENT E. JONES SURVEY 313.8' Pavement 51.66 16,210.91 313.8' Curb ~ Gutter 9.74 3,056.41 85.25 S.F. Driveway 4.25 362.31 BROAD ACRES ADDITION 100.0' Pavement 51.66 5,166.00 T00.0' Curb & Gutter 9.74 974.00 90.0' Pavement 51.66 4,649.40 90.0' Curb & Gutter 9.74 876.60 105.0' Pavement 51.66 5,424.30 105.0' Curb ~ Gutter 9.74 1,022.70 $19,629.63 6,140.00 5, 526.00 6,447.00 $37,742.63 -1- .,~..,: .'. PROJECT N0. 29-024312-00, UNIT I, KEM9LE STREET FROM SHILLING DRIVE EASTWARD TO CUL-DE-SAC, cont. OWNER SOUTHSIDE Janes C. Corder 4754 Kemble Street Fort Worth, TX 76T'03 BLOCK IAT ZONING 2 A A FRONTAGE RATE AHDiJNT BEtOAD ACRES ADDITION 30.0' Pavement 51.66 1,549.80 100.0' Curb S Gutter 9:~4" 974.00 186.6' S.F. Driveway 4.-25 793.05 ASSESSMENT $3,316.85 SUBTOTAL TfiLS PAGE UNIT I: TOTAL COST TD PROPERTY OWNERS (Assessments) $3,316.85 $41,059.50 -2- ,: .~ ~°~ PROJECT N0. 29-024312-00 , UNIT II , SOIrERSET DRIVE FROM NORMANDY DRIVE SOUTHWARD TO MP.RTHA LANE , to be improved by constructing a seven-inch high cotticrete curb a~ eighteen-inch wide concrete gutter on a two-inch thick sand cushion with hot-mix asphaltic concrete tie-in to the existing pavenent on the east side of the street only. Additionally, the entire roadway will be resurfaced with a new twtr-irsch thick hot-mix asphaltic concrete overlay, so that the finished roadway will bethirty-six feet wide. Six-inch thick reinforced concrete driveway approaches will be constructed where required. BLACK OWNER LOT 7ANING FRONTAGE RATE AI~DUNT ASSESSMENT BEGINNING AT NORMA~7DY DRIVE EASTSIDE Ken D. Miller 12 4 4300 Normandy A Fort Worth, TX 76103 MEADOWBROOK ADDITION 150.0' Adjusted To Side Lot 100.0' Curb ~ Gutter 8.79 879.00 879.00 Ross W. Driskill 1 4 150.0' Adjusted To Side Lot 4301 Arden Place A lOQ.O' Curb & Gutter 8.79 879.00 Fort Worth, TX 7 6103 879.00 Richard 0. Horn 1 S 3 150.0' Adjusted To Side int 4300 Arden Place A 100.0' Curb 5 Gutter 8.79 879.00 Fort Worth, TX 76103 879.00 Waldo Sanders 1 3 150.0' Adjusted To Side Lot: 4301 Martha Lane A 100.0' Curb S Gutter 8.79 879.00 Fort Worth, TX 76103 96.8' S.F. Driveway 4.25 411.40 1,290.40 SUBTOTAL THIS PAGB $ 3,927.40 UNTT II: TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) $ 3,927.40 - 1 - ~C e, ,•+'_ BOTIi UNITS: (I ~ II) TONAL COST TO PROPERTY OWNERS (ASSESSMENTS) $ 44,986.90 TO'T'AL COST TO CITY OF FORT WORTH $114,191.70 TOTAL ESTIMATED CONSTRUCTION COST $159,178.60 - 2 - MAStER rae• z ~ _ ,,,~c.:~,ACG¢LN7-Ih~.2 Cit ® ~' ®-~°t ~~9'td~, `~'~.~G~S 7RARSP.ORTA7'IOtd~Pll6LIC .WORKS•6 t4AY'ER ADMiMIS7RAJ 1-11 ~ (Lg ®/I ~ 0 Ili ~® ILU11/ (L~l/ (L~ ~®!l (I (l~~ fl/IL~ (LII./R.1V ~ Iii®U i{i - DATE REFERENCE sue~ECT AWARD OF CONTRACT -ASSESSMENT PAGE NUMBER PAVING OF KEMBLE STREET AND CURB AND iot 3 1-7-86 ~-9452 GIITTGQ (lAi CnNIFRCGT nRTVF RECOMMENDATION It i s recommended that the City Council 1. approve the following bond fund transfers: FROM TO AMDUNT REASON 94-009905-00 94-024312-00 $ 44,986.88 To provide funds Special Assessments Kemble Street for the property Unspecified and Somerset Drive owners' share of construction cost. 29-024901-00 29-024312-00 $110,500.00 To provide funds Assessnent Kemble Street for the Citys' Paving and Somerset Drive share of construc- Unspecified tion cost. 2. adopt the attached ordinance: A. declarin the necessT and ordering the improvements; Adopted ~rdinaoce ado. B. making provisions for levying the assessments; C. directing the Transportation and Publ is Works Department to prepare estimates of costs and amounts to be assessed; D . awarding the contract to Lowel 1 B. Allison Contractor, Inc. , i n the amount of $155,569.42, based on their overall low bid for Units I and II; and E. making appropriation to cover the indebtedness thereby incurred for improvements of the project described below, 3. adopt the attached ordinance: A. approving the estimate of costs and amounts proposed to be assessed; and, B. setting February 4, 19~, a the date for the benefit hearing. Rnrlrr_Dnllun Adopted Ordinance ~~0,`~ On February 2, 1984, the Transportation and Public Works Department received a paving petition signed by two of the three property owners who represented 50 percent of the land adjacent to this segment of Kemble Street. The property owners requested the street be improved on an assessment basis and on March 13, 1984 (M&C G-5936) , the Ci ty Council authorized the Director of Transportation DATE REFERENCE SLaJECT AWARD OF CONTRACT -ASSESSMENT PAGE NUMB R PAVING OF KEMBLE STREET AND CURB AND 2of 3 1-7-86 C-952 GUTTER ON SOMERSET DRIVE and Public Works to design and advertise the project for bids. During the design phase of the project, it was discovered that the construction cost would be almost double the amount indicated in the original estimate due to excessive storm drain requirement. Secondly, the assessment against the adj acent residentially zoned property would be tremendous since the street is not open on the ground and in accordance with current poi icy i s cl assi fied as an interior street to new development. The above information was presented to the City Council on June 25, 1985 (M&C G-6366). On July 23, 1985 (M&C G-6366 Revised} , the City Council set the maximum assessment rate for street improvements at $61.40 per front foot on this project and authorized the payment of storm drain improvements associated with the project from City bond funds. On September 17, 1982, the Transportation and Public Works Department received a petition from two property owners on the east side of Somerset Drive requesting the City construct curb and gutter adjacent to their property to correct a fl ooding problem in their area. Somerset Drive between Normandy Drive and Meadowbrook Drive is paved in accordance with City Standards with curb and gutter on both sides of the street with the exception of four lots on the east side of the street between Normandy Drive and Martha Lane. Due to the prohibitive costs normally associated with a project this snail the staff has held this unit until such time as another street in the same general area was to be improved and then combined the two units into one prof act for economic benefits. Kemble Street and Somerset Drive were bid as two units of one project. -~ PROJECT DESCRIPTION t» ROADWAY R.O.W. UNIT STREET LIMITS WIDTH-FEET WIDTH-FEET I Kemble Street Shilling Drive 24 50 Eastward to G ul - de- sac II Somerset Drive Normandy Drive 36 50 to Martha Lane IMPROVEMENTS Unit I , Kemble Street wi 11 be improved with 6-inch HMAC pav anent and concrete curb and gutter on an 8-inch 1 ime stabilized subgrade. Concrete driveway approaches will be constructed where required. Storm drain improvements consist of 360-feet of reinforced concrete pipe and appurtenances. Unit II, Somerset Drive, will be improved by constructing concrete curb and gutter on the east side of the street where none n~iw exists as well as concrete driveway approaches where required. The entire roadway will also be resurfaced with 2-inch H.M. A. C. to prolong the life of the existing pav anent. +° K r} L~ ~1 DATE REFERENCE NUMBER SUBJECT AWARD OF CONTRACT -ASSESSMENT PAGE 1-7-86 C-9452 PAVING OF KEMBLE STREET AND CURB AND 3 of 3 RECEIPT OF BIDS The project was advertised for bids on Nov ember 21 and 28, 1985, and the following bids were received on Dec ember 12, 1985, with 30 working days allotted to complete the project. Paragraph 1, of the Special Provisions in the bid invitation states that. "Both units will be awarded to one contractor." UNIT I UNIT II BIDDER KEMBLE ST. SOMERSET DR. TOTAL Lowell B. Allison $125,492.96 $30,076.46 $155,569.42 Contractor, inc. Sutton & Assoc., Inc. 126,639.12 30,176.25 156,815.37 APAC-Texas, Inc. 137,531.25 32,416.30 169,947.55 Austin Road Co. 146,304.66 34,833.00 181,137.66 Bob Nbore, Inc. 170,928.13 36,367.48 207,295.61 PROJECT COST AND FINANCING Based on the special provisions outlined in M&C G-6366 (Revised), property owners adj scent to Kenbl a Street will be assessed $41,059.48 whereas property owners adjacent to Somerset Drive will be assessed $3,927.40 based on standard City policy. The total property owners cost of $44,986.88 on both units will be provided for by a bond fund transfer from the Special Assessor ents Unspecified Account, 94-009905-00. Cost to the City for construction on both Units is approximately $110,582.54, plus $18,668.34 (12%) engineering. Of the above $110,582.54, $5,500.35 is for street construction and $78,933.13 for storm drain construction on Kenble Street plus $26,149.06 for street resurfacing on Somerset Drive. Sufficient funds are available in Fund 29, Engineering Project No. 0951.02-00 for the City's engineering cost. A bond fund transfer is required from Street Improvements Fund 29, Assessment Paving Unspecified, Project #024901-00, Index Code 610857, for the Ci ty' s construction cost. Sufficient funds are avail abl e in Street Improvements Fund 29, assessment Paving unspecified, Project #024901-00. APPROVED BY CfTY CO~~ClL DAI.dp JAN 7 ~ggB ~~i~;~~-~,v City Secietam~, of the Ci SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gar Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION ~~" ~a~ L111. CONTACT ~."~'_ '.~~..~-~. . DATE