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HomeMy WebLinkAboutOrdinance 9444ORDINANCE N0. ~~5~%' AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF ROSEWOOD AVENUE 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~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 6f the hereinafter descrfbed portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: ROSEWOOD AVENUE From Alta Mere Drive to Texas and Pacific Railroad right-of-way, known and designated as Project No. 13-024315-00. __\ •,. 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 ROSEWOOD AVENUE From Alta Mere Drive to Texas and Pacific Railroad Right-of~isy, knows and designated as Project No. 30-024315-00, a six-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb and twenty--.four inch wide concrete gutter on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty-feet wide. Six-inch 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 coat of said improvements as 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 cost 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 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 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), end 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 ouch respective unit Thr 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 Dave the right to pay any and all of ouch tnatallment at any time before maturity by paying principal with interest accruecs to the date of payment and further provided if default br made in the payment of any installment promptl3 ss the same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the asaessmenC upon which ouch default is made shall be and become immedi- atrly due and payable; but it is specifically provided that no asaesamenta 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 sbuts, as aecerCained at the hearing pro- vided by thr law in force i.n the City, nor shall any aesesament be made in any case until after notice of hearing sa 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 authori~eed 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-eigfit equal regular monthly installments of not less than $9.00 each, the first of each installments to become due and payable not more than a ti ~. 30 days after the completion and acceptance by the city of the particular unit, PROVIDED FURTHER, that the City Attorney is he reby,,empowered to authorize payments of said sumo in lesser installments and/or offer 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 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 asaesement, 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 shalt 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 asaesement shall be and became 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 asaesement, shall be a first and prior lien against the property, superior to all other la.rns 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 asaesement 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, ae amended, and the bid of James W. Jackson. Incorporated 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 James W. JacksonL_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 c° ~ f ,, 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. Loch 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 ancf 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 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 Acte 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 complete ordinance in the appropriate Ordinance Records of this City. ~,. c ~~ 1. ` r rq G ~ AI 1 • ? a ~, ~ XlY This ordinance sha11 .take effect and be in full force and effect from and after the date of its passage ~. PASSED AND APPRfJVED THIS ~~ DAY OF , 19~~ APPROmVED AS TO FORM AND LEGALITY: City Attorney r>onsreR ~~~ i~/ ~' CITY MAS`lf.GER•1 city ~~' ~®~~~~ ~~®~°t~., ~~.~~s RCCDUN'1'ING•~ 1'J!1Iz~~~v~ ~~, c~®~,~~~a~ c~®~~~y~+c~~~~~a®~ TRANSf DiiTArlUti~~-UBL~fC .W~..Rio N e'fER ADMIT DATE ~ REFERENCE SUBJECT AWARD OF CONTRACT - ASSE SSME I~T PAGE NUMBER pgVING OF ROSEWOOD AVENUE FROM ALTq 2 7/30/85 **C-9156 RE DRIVE TO T.&P. R.R. RIGHT-OF-41AY' °f RECOMMENDATION It is recommended that the City Council: 1. approve the following bond fund tra .{ FROM TO 94-009905-00 94-024315-00 Special Assessments Rosewood Avenue Unspecified Alta Mere to T . &P. R.R. R.O.W. nsfers AMOUNT REASON $14,031.72 To provide funds for the property owners share of construction cost. 13-024901-00 13-024315-00 $10,020.78 To provide funds Assessment Paving Rosewood Avenue for the City's share Unspecified Alta Mere to of construction cost. T.&P. R.R. R.O.W. 2, ado t an ordinance• Ado ted 4rti~~an~e No. ~~ P P 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 James W. Jackson, Inc., in the amount of $24,052.50 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: ~~jp tad Ord€s~anC~ ~0. ~~~~~ A. approving the estimates of costs and amounts proposed to be assessed; and 6. setting August 27, 1985, as the date for the benefit hearing. BACKGROUND T h,is segment of Rosewood Avenue is approximately 170-feet in length, extending from Alta Mere`, Drive (SH-183) eastward to the Texas and Pacific Railroad spur right-of-way, with only two abutting properties. The property on the north contains a car-wash and the property on the south a service station with a convenience store type facility. Short form paving petitions were furnished to the City by both property owners in conjunction with improvements to their facilities. In December, 1984, the owners of the property on the north side of the street requested that the City improve the street to City standards as soon as possible and on January 3, 1985 (M&C G-6213), the City Council authorized the Director of Transportation and Public Works to design the project with in=house forces and advertise for bids. ~: DATE REFERENCE NUMBER SUBJECT AWARD OF CONTRACT - ASSESSME PAGE 7/30/85 **C=9156 PAVING OF ROSEWOOD AVENUE FROM ALTA 2pt 2 PROJECT DESCRIPTION ROADWAY R.O.W. STREET LIMITS WIDTH-FEET WIDTH-FEET Rosewood Alta Mere Drive 30 60 Avenue to T.&P. R.R. R.O.W. IMPROVEME NT S The street will be constructed to minimal standards since it only serves two .properties. Improvements include new 6-inch thick hot-mix asphaltic concrete pavement with concrete curb and gutter and required concrete driveway approaches. No storm drain facilities are required. RECE IPT OF BIDS The project was advertised for bids on June 27 and July 4, 1985, and the following bids were received on July 11, 1985, with 30 working days allotted to complete the project. AMOUNT BIDDER ~, , James W. Jackson, Inc. 24,052.50 Lowell B. Allison 26,669.62 Contractors, Inc. Bob Moore, Inc. 33,059.86 PROJECT COST AND FINANCING Based on standard City policy and the low bid unit prices, cost to the adjacent property owners by assessment is $14,031.72, which will be provided for by a bond fund transfer from the Special Assessments Unspecified Account, 94-009905-00. Cost to the City for construction is approximately $10,020.78, plus $3,607.88 (15~) engineering. A bond fund transfer is required from Fund 13, Assessment Paving Unspecified Account for the City's construction cost. Sufficient funds are available in Fund 13, Project 095101, for the City's engineering cost. APPROVED BY DAI.df CITY C®UNCI~. J U ~I. ~~ 1985 //~~ /G~r 6~. ~~~~~ City Seotetazy of the Ci!y of ~~3 SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING DEPARTMENT HEAD Gary L Santerre I_ i OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt Ext. 7805 DATE ---=-x