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HomeMy WebLinkAboutOrdinance 9430ORDINANCE NO ~~~'%l/ AN ORDIPANCE DETEP.MINI~IG THE NECESSITY FOR AND ORDERIPIG AND PPOVIDING FOR THE IMPROVEMENT OF A PORTION OF STATE HIGHt^lAY 183 (EPHRIHATI AVENUE) FP,OM STATE HIGHWAY, 199 TO FAP.P1 ROAD 1220 (A7_LE AVENUE) IN THE CITY OF FORT WORTH, TEXAS; APPROUI~IG PLANS AND SPECIFICATIONS OF THE STATE DE- PARTPIENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE PAVING AND WIDEN- ING OF THE ROAD SURFACE AND-THE CONSTRUCTION OF CURE3S, DRIVEt~IAYS AND STORM SEWERS, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF FIIGHUTAYS AND PUBLIC TRANSPORTATION FOR THE P1AKING AND CONSTRUCTION OF SUCH IMPROVEMENTS, MAKING APPROPRIATIONS FOR THE PUR- POSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED., MAKING PROVISIONS FOR THE LEVYING OF ASSESSP~IENTS AGAINST THE ABUTTING PROPERTIES AND THE 06JNERS THEREOF FQR A PART OF THE COST OF SUCH IPPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE PUBLIC L~JORKS DIRECTOR OF THE CITY TO PREPARE ESTIMATES, DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE hJITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS, DECLAP.ING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPPOVEMENT AP.E AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE 11O5b OF THE VERNON'S CIVIL STATUTES AS AMENDED BY ACTS. 1967 60TH LEGISLATURE, PAGE 365, CHAPTER 176 EMER- GENCY EFFECTIVE MAY 12, 1967, AND DIRECTING THE CITY SECRETARY TO EN- GROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTTON OF SAP~1E IN THE h1INUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COPIPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Public Works Director of the City of Fort [~Jorth has approved plans and specifications of the State Department of Highways and Public Transportation for the improvement of the hereinafter described portions of streets, avenues and public pla- ces in the City of Fort ~,~!orth, Texas, and same having been examined by the City Coun- cil 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 COUPJCIL OF THE CITY OF FORT 4~ORTH, TEXAS, THAT The hereinafter described Plans and Specifications are hereby approved and adopted. II There exists a public necessity for the improvements of the hereinafter described portions of streets,,avenues, and public places in the City of Fort l~~orth, to-wi t STATE HIGHWAY 183 From State Highway 199 to Farm Road (EPHRIHAM AVENUE) 1220 (Azle Avenue), known and desig- nated as Project no 30-035459-00 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 STATE HIGHWAY 183 From State Highway 199 to Farm Road (EHPRIHAM AVENUE) 1220 (.Azle Avenue), a new two-inch thick hot-mix asphaltic concrete pavement with a fabric underseal on the existing concrete base and adding eight-inch high concrete curb and eighteen-inch wide concrete gut- ter so that the finished roadway will be sixty-feet wide. Six-inch thick concrete driveway approaches will be constructed where required 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 public place and the real and true owners thereof shall pay all of the cost of curbs and driveways in front of their property and not exceeding nine-tenths (9/10) of the estimated cost of the remainder of such improvements, exclusive of the surface of the .roadway B. The State Department of Highways and Publ tofore agreed to pay the cost of improving and paving the City of Fort Worth shall pay all of the remainder ments after deducting the amounts herein specified to ment of Highways and Public Transportation and by the real and true owners thereof as set out herein is Transportation having here~-- the surface of the roadway, of the cost of said improve- be paid by the State Depart- abutting properties and the 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 per- sonal 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 particu- lar unit, the sums assessed against property abutting upon such completed and ac- cepted units shall be and become payable in five (5) equal installments, due re- spectively 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 6e 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 furthers provided if default be made in the payment of any install- ment 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 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 provided b_y 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, PROVIDED, however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retains 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 completion and acceptance by the City of the particular unit;. PROVIDED .FURTHER, that the City Attorney is hereby em- powered to authorize payments of said sums in lesser installments and/or over a lon- ger period of time in cases in which the Director of Public Works has previously de- termined 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 ac- ceptednunit 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 there- of of the sums assessed 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 evi- dence of any of the installments in which the assessments is payable, which certifi- cates 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 asknown-, and shall contain such other recitals as may be perti- -- Went thereto, and shall further recite substantially that all proceedings with refer- ence to the making of such improvements have been regularly had- in compliance with the 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 re- quired 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 Ulorth, 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 a71 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 any other matter or thing, shall invalidate any assessment or any cer- tificate issued in evidence thereof, and the omission of improvements on any particu- lar 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 words above provided for, but the substance thereof shall suffice, and they may contain other and additional recitals pertinent thereto. VI The State Department of Highways and Public Transportation having heretofore agreed to perform all of the work in constructing the improvements described herein, and having determined that the portion of the cost of such work to be paid by the City and/or the abutting properties and the real and true owners thereof will be $ 60,495.00 and same having been approved and recommended as acceptable by the Director of Public Works of the City of Fort Worth, the City Manager is hereby author- ized'~to complete the execution of such agreement with the State Department of Highways and Public Transportation and to proceed with the work. VII.. To provide for the payment of the indebtedness incurred by Worth, Texas, by said contract, there is hereby appropriated out of and current revenues of the City,~~an amount sufficient to pay said incurred. VIII the City of Fort available funds indebtedness so The improvements provided for herein shall be made and constructed, notice given, hearing held and assessment levied and all proceedings taken and had in ac- cordance with and under 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 late these proceedings are taken and had r e ~ ~ 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 im- provements 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 suf- ficient 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 6e liable and the assessments against the property shall be valid XI. The Director of Public Works of the City of Fort Glorth, 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 pro- visions of the Charter of the City of Fort ~lorth, 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 completed ordinance in the appropriate Ordinance Records of this City ~ G. _. ~ ~ .~e ~ _. ., XIV This ordinance shall take effect and be in full force and effect from and after the date of its passage ~,---s PASSED AND APPROVED THIS ~~ DAY OF , 19 APPROVED AS TO FORM AND LEGALITY: J City Attorney . r~ -~- ~~' .. MASTER FILE R / _ ~~~LL~/ ®~ !1 LLJ'U ~ WV ~d ILUIV~ ~fG./~1/~I.WVI CITY MANAGER 1 ~\` /t/ ~(J~ n®~ 'VW~tWi ~®1L/IV~~L!((r // ~®~~LL/W~~~L/`fv+W~~®~ AC G U L N'! I N G • 2 ~ ~r/111L 1~1(~ lLJ/ (l{// ' TRHNSPORTA IM1 ~T'ER ADt.M1t ' DATE ~M1ORKS•6 REFERENCE SUBJECT ESTABLISHMENT OF HEARING DATE FO PAGE NUMBER RECONSTRUCT ION OF STATE HIGHWAY 183 FR 2 Rare.;/+28/g5 **C-9147 STATE HIGHWAY 199 TO FARM-MARKET 1220 ' °f Recommendations It is recommended that the City Council: 1. Approve the following bond fund transfer From T o Amount Reason 30-035901-00 30-035459-00 $8,240.00 Additional cost of City's Misc. Street Improvements share of project cost. ROW/Highway S.H. 183 ' (S.H. 199-F .M. 1220) 2. Ado t an ordinance Adopted OrC~ICic~iiCv -~0. P 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 of costs and amounts to be assessed, D. authorizing the City Manager to execute an agreement with the State Department of Highways and Public Transportation whereby the City agrees to pay to the State of Texas $60,495.00 in accordance with the agreement approved by M&C C-9059, dat//e//,~d~June 4, 1985; 3. Adopt an ordinance• Adopted Ord~na~cz ~!o Sam/ A. approving the estimates of costs and amounts to be assessed, and, B. setting August 20, 1985, as the date for the benefit hearing. 4. Authorize the City Manager to submit a check (warrant) to the S.D.H.P.T. for the City's additional share of the project costs in the amount of $8,240. Background On March 12, 1985 (M&C C-8894•), the City Council approved Minute Order No. 82692 providing for the improvement of State Highway 183 from State Highway 199 to Farm-Market 1220. Final plans were completed and the City's share of cost was estimated at $52,225. On June 4, 1985 (M&C C-9052), the City Council authorized the City Manager to execute the proposed agreement presented by the S. D.H. P.T. providing for the improvements and to submit a check (warrant) to 'the State for the City's estimated share of costs in the amount of $52,255. ~_ ~,s DATE REFERENCE SURJECT~STABLISHMENT OF FEARING DATE FOR PAGE NUMBER ECONSTRUCTION OF STATE HIGHWAY 183 FROM 2 2 7/23/85 **C-9147 TATE HIGHWAY 199 TO FARM-MARKET 1220 °f Project Description Roadway R.O.W. Street Limits Width-Feet Width-Feet State Highway 183 S.H. 199 (Jacksboro Hwy) 60 80 (Ephriham Ave.) to F.M. 1220 (Azle Ave) Improvements State Highway 183 in this area is approximately 60-feet wide with an asphalt surface on a concrete base with approximately 50 percent of the abutting property having concrete curb and gutter and driveway approaches. Present improvements will include repair of the existing base and construction of a new 2-inch. thick hot-mix asphaltic concrete surface with a fabric underseal. The improvements will also include contructing new concrete curb and gutter and driveway approaches where they are needed. Required storm drain facilities will also be added. Receipt of Bids Bids on the project were received on June 7, 1985, by the State Department of Highways and Public Transportation with APAC-Texas, Inc., being the low bidder at $512,480.02. The City's share of the construction cost i s $60,495.00 for curb and gutter, driveway approaches and storm drain facilities. The contractor will have 50 working days to complete the project. Project Cost and Financing Based on the low bid unit prices and the City's standard policy for approximately $31,533.59 is proposed to be assessed against reconstruction , adjacent properties for non-existing curb and gutter and driveway approaches. Funding for the property "owners share of construction cost was previously provided for by M&C C-9059, dated June 4, 1985. The total low bid received by the S. D. H. P.T. is 15.77 percent over the engineer's estimate. Several of the unit bid prices, for which the City is responsible, are excessive compared to recent bids received by the City. The staff has negotiated with the S.D.H.P.T. local district office staff and recommended to the State Highway Commission that the City of Fort Worth`s share (unit bid prices) be increased by the 15.77 percent over the engineer's estimate rather than using the actual unit bid prices to determine the City's share of cost. The State Highway Commission accepted the recommendation which resulted in a savings to the City of approximately $30,000. A bond fund transfer is required to provide for the City's $8,240 (15.77°6) additionAPPRUVE a CITY COU DAI ue ~~~~ ~ SUBMITTED FOR THE CITY MANAGER'S l p~, ~ DISPOSITION BY COUNCIL. //~~ PROG£SSEO. $Y ~~~j)y~y_ OFFICE BY ~,(~,c-(. `~LU~-~- f1 APPROVED w+~ tw ORIGINATING DEPARTMENT HEAD Gary L Santerre I.I OTHER (DESCRIBE) ( ( f~' SAOZ9tOYy Of th9 _~~,CI~Y~S.ECRI1TARY~ FOR ADDITIONAL INFORM TION C CONTACT dell Schmidt Ext 780c DATE BY ~C~~ d~8~5 i~ ~L. ./ ~!