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HomeMy WebLinkAboutOrdinance 9325r.. a ORDINANCE NO.~~~..r_ AN ORDINANCE DETERMINING--THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF OAK GROVE STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES 9ND PUBLTC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTTNG CON- TRACT TO BOB MOORS, INC. AND FOR THE MAKING AATD 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 PUBLTC WORKS DIRECTOR OF THE CITY TO PRE- PARE ESTT.MATES; 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 $OOKS 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 sheets, avenues and public places in the City of Fort Worth, Texas, to-wit: OAK GROVE STREET From Magnoiia.Avenue to Dashwood Street, known and designated as Project No 29-040094-00. ~. 7 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 OAK GROVE STREET From Magnolia Avenue to Dashwood Street, known and designated as Project No. 29-040094-00, a three-inch thick hot-mix asphaltic concrete pavement surface with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a six= inch thick, cement stabilized gravel base, so that. the finished roadway will. be twenty-six feet wide from Magnolia Avenue to West Rosedale Street and thirty-feet wide from West Rosedale Street to Dashwood Street. Six-inch thick concrete driveway approaches will be constructed where specified Four-feet wide concrete sidewalk will be constructed along the west side of the street only. 4 i 'y TYie above, together with concrete curbs, gutters, driveways and incidental.a 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 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 Chereof 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 cost of the remainder of such improvements B The city of Fort Worth shalt pay all of the remainder of the cost of said improvements after deducting tha 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 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 sums 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 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 asaeased 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 installmenr matures provided that any owner shall leave the right to pay any and ell of ouch 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 its adaigns, 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 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 o~rners thereof shall be evidenced by certificates of a special assessment which shall be executed in the name of. the City of. Fort Worth, PROVYDED, however, that acting through its duly authorised 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 Chan ~. r 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 enaterialman'e contract upon forme 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 asaesaments 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 ouch other recitals as 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 thef.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 ae the same matures, then, at the option of the City of. Fort Worth, or its rssigna, 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, ea well ea the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other l:.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 ocher 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 BOB MOORE, INC. having 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 BOB MOORE,INC. at and for the prices stated in the Proposal of said company and ae 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 Eo imptess 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 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 shall be liable and the assessments against the property shall be valid XI The Director of Public Works of the City c~= 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 ae 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 1220a of Vernon's Texas Civil Statutes RIII 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. ~¢ `~ f ~ A ~. w ~ X~Y This ordinance shall take effect and be in full force and effect from and after the date of its passage V ~~__ PASSED AND APPRW ED THIS DAY , l -~ APPROVED AS TO FORM AND LEGALITY: ~1C~ity Attorney .z ,r,.~, „ ~~~r, 16~.~~.E~.g ~ ~~ty o~' ..Fort Worth, ~exa~ Accou~vrt~vc~,z ~/~~y//-/(/~Q/,y~ ([/gyp rRADISPOR7'AI'lOft~PUgLIG.Yt- _~F,r~;y;{~ ~®~ `- ~~ ~®~~~~~ ~®~~~~~~~~~®~ BATE REFERENCE sue~EC~W~ OF CONTRACT - RECONSTRUCTION PAGE NUMBER OF-OAK GROVE STREET - MAGNOLIA TO 2 2/19/85 C-8862 DASHWOOD i°r City Council action is requested on Project No. 29-040094-00, as described below: ect Description Roadway R.O.W. Street Limits Width-Feet Width-Feet Oak Grove Magnolia Avenue 26-30 41.4 - 44.6 Street to Dashwood St. gin of Project March 31, 1981 (M&C 04936), the City Council authorized the City Manager to otiate contracts for design engineering for several inner city streets. hided in the list of streets was Oak Grove Street, located in the City's ical district, with an estimated construction cost of $142,500. n December 29, 1981 (M&C C-6071), the City Council authorized the City Manager o execute an engineering contract with Eddie Harvey, Consulting Engineer, for he preparation of plans and specifications for the project. m~rovement s t is proposed to improve this segment of Oak Grove Street-with 3" thick hot-mix sphaltic concrete pavement with concrete curb and gutter on a 6" thick cement tabilized base. Concrete driveway approaches will be constructed where required s well as concrete sidewalk on tine the west side of the street only. Storm rain improvements consist of 120 linear feet of concrete pipe and 6 storm drain nlets. .eceipt of Bids he project was advertised for bids on January 10 and 17, 1985, and the ollowing bids were received on January 31, 1985, with 30 working days allotted o complete the project. r Bidder Amount .Bob Moore, Inc. $130,798.04 ' L. Grimes & Co., Inc. 132,732.54 APAC-Texas, Inc. 139,519.10 Austin Road Co. 157,907.86 roject Cost and Financing ased-on standard. City policy for the reconstruction of streets and the low bid nit prices, cost to the adjacent property owners (assessments) is $48,323.03, hich will be p~rovid'ed for by a bond fund transfer from the Special Assessments nspecified Account, 94-009905-00. GATE REFERENCE SUBJECT AWED OF CONTRACT - RECONSTRUCTIO PAGE NUMBER OF OAK GROVE STREET - MAGNOLIA TO 2 oft 2/19/85 C-8862 Cost to the City for construction is approximately $82,475.01, plus $15,695.76 (12~) engineering. Sufficient funds are available in Engineering Account (29-095101-00) for engineering services. However, a bond fund transfer is required from Fund 29, Inner City Residential Streets Account, for the City's construction cost. Recommendations It is recommended that the City Council: 1. approve the following bond fund transfers: From Ta Amount Reason 94-009905-00 94-040094-00 $48,323.03 To provide funds for Special Oak Grove Street the property owners Assessments Magnolia to share of construction Unspecified Dashwood cost. 29-040122-00 29-040094-00 $82,475.01 To provide funds for Inner City Oak Grove Street the City's cost of Residential Magnolia to construction. Streets Dashwood 2. adopt an ordinance: Adopted Ordinance No. ~3~ A. declaring the necessity for and ordering the improvements; B. making provisions for levying assessments; C. directing the Transportation and Public Works Department to prepare estimates of costs and amounts to be assessed; D. awarding the contract to Bob Moore, Inc., in the amount of $130,798.04 based on their low bid; E. making appropriations to cover the indebtedness thereby incurred for improvements of the project named above; 3. adopt an ordinance: adopted Ordinance ~0.~.3~ A. approving the estimates of costs and amounts proposed to be assessed; and B. setting March 26, 1985, as the date for the benefit hea~~iv~~ ~Y cerY cou~±~~~ DAI:dv FEB 26 1985 Czty Se~retosY of the CiiY orf ~ SUBMITTED fOR THE - CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY (] APPROVED ORIGINATING DEPARTMENT HEAD• Gary L. Santerre I.J OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORI~ScIe°~'1 Schmidt Ext. 7805 CONTACT DATE fir