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HomeMy WebLinkAboutOrdinance 9667oRDINArx~ No. ~~~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMEDFT OF A PORTION OF SOUTH HAMPSHIRE BOULEVARD AND PORTIONS OF SUNDRY OTHER STREETS, AVENCIF,S AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO AUSTIN ROAD COMPANY, AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVII~S AND AUTHORIZING ITS E}~JCUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTIDNESS THEREBY INCURRID; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEROF FOR APART OF THE COST OF SUCH IMPROVIIKQ~TTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQiJIIVT PROCEEDINGS RELATING TO SAID STREET IMPROVEi~IEN'T ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CAIS,ID SESSIONS OF THE FORTIE'T'H LEGISLATURE OF THE STATE OF TEXAS, CRAFTER 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 ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILTNG THE COMPLETE ORDINANCE IN THE APPI~PRIATE 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 Ft~RT 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: SOUTH HAMPSHIRE BOULEVARD From Tierney Road to Weiler Boulevard, known and designated as Project No. 29-024307-00. -1- 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: SOUTH HAMPSHIRE ~ULEVARD From Tierney Road to Weiler Boulevard, known and designated as Project No. 29-024307-00, 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 con- crete stabilized subgrade so that the roadway will be thirty feet wide. Six-inch thick driveway approaches will be constructed where required. -2- 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 therefore.. IV. to-wit: The cost of said improvements as herein defined shall be paid for as follows, A. The property abutting on that portion of the street, avenue or .public place and the real and true owners therof shall 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 improv~nents. 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 thereof and shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof and shall be payable to-wit: When the improvements are completed and accepted by the City on 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 on 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 property 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 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 installment matures provided that any owner shall have the right to pay any and all of such installment 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 same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the assessment upon which such default is made shall be and become immediately due and payable; but it is specifically provided that no assessments shall in any case be made against any property or any owner therof in excess of the special benefits to property in the enhanced value therof by means of said improvements in the unit upon which the particular property abuts, as ascertained at the hearing provided 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 of Fort Worth, PROVIDID, however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorize 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 less than $9.00 each, the first of such installments to become due and payable not more than 30 days after the -3- completion and acceptance by the City of the particular unit, PROVIDID FURTf~t, 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 FURTf~R, 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 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 proceedings 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 recitals 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 liens 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 invalidate 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 revised Civil Statutes of Texas, as amended, and the bid of AUSTIN ROAD COMPANY having been found to be the lowest and best bid for the making and construction of said improvements, the contract therefore is hereby awarded to AUSTIN ROAD 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 -4- f 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 assessmnts 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. -5- . ~, ~. XIII. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Sook 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 -6- ~F (7//-yam ~+ ~p~/T ~p `~/~//-~Q I~,/ryJ YMA5TER~ i!. gal ~ ~`~ ® `~~ Jl ®Y ~ ~ V V ®Y ~~ !L L./'V~.W~ ~1C~11.../// f~ ACGOUN74NG•2 //" 7J ,~O ,fib JRANSPOR7A7tON~PUEiI~f~~ ~J®/~-f' ~/N11 ,/y (~ ®1) q /N11 ,/1/~ ~ (1 ®~~-')-~11 ~- l- /IYTI /l1 ,/'~~l/ ~~®~ NAFER ADMINISTRA7ioN 4 ~4/OILyJ/ 0 O 1{/iLa/ \L/ IL1V O Ili~l/ (LIII{VV~ ~/ 0 11 IV IL/lV 0 1{i (Ll(,ii(~(i DATE REFERENCE sus~ECr:AWARO OF CONTRACT FOR RECONSTRUCT- PAGE NUMBER TION OF SOUTH HAMPSHIRE BOULEVARD FROM I ios: 2 6-24-86 C-9723 TIERNEY ROAD TO WEILER BOULEVARD ~ _____ RECOMMENDATION It is recommended that the City Council: 1. approve the following bond fund transfers: FROM TO AMOUNT REASON 94-009905-00 94-024307-00 $127,602.81 To provide funds for- Special Assessments South Hampshire the property owners' Unspecified Boulevard share of construction cost. 29-023176-00 29-024307-00 $ 87,000.00 To provide funds for Bridge Street - South Hampshire the City's share of John T. White Boulevard construction cost. rdmance No. ~~G' 2. adopt an ordinance: Adopted 0 A. declaring the necessity for and ordering the improvements; B. making provisions for levying the assessments; C. directing the Transportation and Public Works Department to prepare estimates and amounts to be assessed; D. awarding the contract to Austin Road Company in the amount of $245,145.40 based on their low bid; E. making appropriations to cover the indebtedness thereby incurred for improvements of the project described below; and 3. adopt the attached ordinance: ted Or~~nance No. ~,dop A. approving the estimate of costs and amounts proposed to be assessed; and, B. setting July 29, 1986, as the date for the benefit hearing. BACKGROUND Property owners adjacent to and fronting South Hampshire Boulevard petitioned the City in February, 1984 to have the street improved. Research revealed that the street should be upgraded to current City standards. Based on the Transportation and Public Works Department's recommendation for street improve- ments, the Council approved- the project by M&C G-5966 dated April 17, 1984 authorizing the street design and advertising for bids. ,~ DATE REFERENCE NUMBER suB~ECT AWARD OF CONTRACT FOR RECONSTRUCT- PAGE 6-24-86 C-9723 TION OF SOUTH HAMPSHIRE BOULEVARD FROM ~ :&040- 2 0,2 - - - ;• PROJECT DESCRIPTiON ROADWAY R.O.W. STREET LIMITS WIDTH-FEET WIDTH-FEET South Hampshire Tierney Road 30 60 Boulevard to Weiler Boulevard IMPROVEMENTS South Hampshire Boulevard from Tierney Road to Weiler Boulevard is to be im- proved by installing a six-inch hot-mix asphaltic concrete pavement with seven-inch high concrete curb and eighteen-inch wide concrete gutter on an eight-inch thick cement stabilized subgrade in a thirty feet wide roadway. Six-inch thick concrete driveway approaches will be constructed where required, RECEIPT OF BIDS Bids for this project were received on May 8, 1986, after being advertised on April 17 and 24, 1986, with 70 working days allotted, The bids are tabulated as follows: APPROVED BY ' CITY COUNCIL BIDDER AMOUNT Austin Roa Co3~mpany $2 5.40 SRO Asphalt, Inc. $253,996.00 ~~~ ~,~ 1~€~6 Bob Moore, Inc. $259,122.90 APAC Texas, Inc. ~ $262,867.50 ~ ~~ ~~,/ / 459 05 $268 tl i R I u~ ~.Y.. , . nc. er epav ng, Cu PROJECT COST AND FINANCING Gity Seczetaxy of the Gity of Fort V,lorth, Texae In accordance with the Standard City Policy in effect at the time the project was approved by City Council and the low bid unit price, the proposed assess- ment against adjacent property is $127,602.81. This amount will be provided by a fund transfer from Special Assessments Unspecified Account 94-009905-00. The cost to the City for construction is approximately $117,542.59. A bond fund transfer will be' necessary from Street Improvement Fund 29, Project No. 023176-00, Bridge Street - John T. White Connection, (in which sufficient funds are available) to Project No 024307-00, South Hampshire Boulevard Assessment Paving from Tierney Road to Weiler Boulevard in order to supplement available funds to finance the reconstruction, Sufficient funds are available in the Fund 29, Engineering Salaries Account 095102-00, to cover the estimated engineering cost of $22,063.09 (9%}, DAI:da SUBMITTED FOR TH ~ . ~ ^ CITY MANAGER'S .- j~' DISPOSITION BY COUNCIL. - PROCESSED BY OFFICE BY ~ (i ~ < <~~,- j APPROVED ( ORIGINATING ~; OTHER (DESCRIBE) DEPARTMENT HEAD• Gary Sdnterre ~, CITY SECRETARY FOR ADDITIONAL 1NFORMATIQ~N CONTACT UrOlet 78OJ DATE