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HomeMy WebLinkAboutOrdinance 9367ORDINANCE N0. ~~p AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF RACE STREET AND PORTIONS OF SUNDRY OTHER STREETS, . AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO BOB MOORE, INC. AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; MAKING APPROPRIATIONS F`OR 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 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 THEII~C~.,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 described portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: RACE STREET From Sylvania Avenue to Oakhurst Scenic Drive, known and' designated as Project No. 29-024305-00. 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 itACE STREET From Sylvania- Avenue to Oakhurst Scenic Drive, known and designated as Project No. 29-024305-00, a seven-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a six-inch thick lime. stabilized subgrade so that the finish- ed roadway will be forty .feet wide. Six-inch thick concrete driveway approaches will be constructed where required and five-feet wide concrete sidewalk will also be constructed on both sides of the street adjacent to the curb. The above, together with concrete curbs, gutters, driveways and incidentals to such improvements, on proper grade and line where same are not already eo 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 coat of said improvements sa herein defined shalt be paid for as follows, to-wi.t A The property abutting on that portion of the street, avenue ar puhtic 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 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 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 improvemer~ta 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), 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 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 gave the right to pay any and all of ouch Snstallment 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 promptt3 gs the same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the asaeasment 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 sny 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 sbuta, 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 owners 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 authorized Director of Public Works, the City of Fort Worth retaining Che right to authorized payment of the soma 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 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 materialman's contract upon forma 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 Iota 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 asseaement, 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 atl pro- ceedings with reference to the making of such improvements have been regularly had in compliance with law, and that ail prerequisites to the .f.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 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 acme 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 coats of collection, if incurred, all of which, ea well ae the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other i:.r.na 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 o~her matter or thing, shall invalidate any aeeesament 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 11ASb of the re- vised Civil Statutes of Texas, as amended, end 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 as reported and recommended by the Public Works Department, which said report and recommendation is on Tilt 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 o£ 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 Acta of the Ffrat Called Session of the Fortieth Legislature of the Btate of Texss, 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. IR. 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 aeaeasments 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 fa 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 Chaptcr 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 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, ~~:. .. _ ~, . XIV This ordinance shall take effect and be in full force and effect from and after the date of its passage 6 ~jV PASSED AND APPROVED THIS ~~ DAY OF , 190 v APPROVED AS TO FORM AND LEGALITY: ~ity Attorney ,., DATE REFERENCE SUBJECT AWARD OF CONTRACT -ASSESSMENT PAGE NUMBER PAVING-OF RACE STREET - SYLVANIA 3 ' 4/16/85 C-8960 AVENUE TO OAKHURST SCENIC DRIVE 1°r Roadway R.O.W. Street Limits Width-Feet Width -Feet Race Sylvania Avenue 40 60 Street to Oakhurst Scenic Drive Ori gi n of Project In July 1982, the Transportation and Public Works Department received a request from one of the major property owners on this segment of Race Street to open and improve the street on an assessment basis. The street is currently open from Sylvania Avenue to within 225 feet of Oakhurst Scenic Drive. A poll card survey was conducted on August 31, 1982 to let the City Council know how the remaining property owners felt about improving the street. These pro- perty owners agreed to the improvements. On October 27, 1982 (M&C G-5450), the City Council approved the project and authorized the Director of Transportation and Public Works to design and advertise the project for bids. The delay in advertising the project has been due to the acquisition of five- feet of additional right-of-way on each side of the street and required utility adjustments. Improvements It is proposed to improve this segment of Race Street with 7" hot-mix asphaltic concrete pavement with concrete curb and gutter, concrete sidewalk on both sides of the street with attached retaining walls at the west end, and concrete drive- way approaches where specified on a 40-feet wide roadway as approved in M&C G-5450,. on October 27, 1982. Receipt of Bids Bids on this project were originally received on January 3, 1985. However, after bids were received, the engineering staff discovered that contract pay quantities indicated in the proposal for the concrete retaining walls were in- adequate and substantially lower than the amount necessary to complete the pro- ject. On February 19, 1985 (M&C G-6259), the City Council authorized the City Manager to reject all bids received and direct the Transportation and Public Works Director to readvertise the project. The project was readvertised for bids on February 28 and March 7, 1985, and th f oliowing bids were received on March 21, 1985, with 66 working days allotted t complete the project. DATE REFERENCE SUBJECT AWARD OF CONTRACT - ASSESSMENT PAGE NUMBER PAVING OF RACE STREET - SYLVANIA 2^ of3 4/16/85 C-8960 n~icn~i~c Tn nAVU-iDCr crrnirr nDtvc Bidder Bob Moore, Inc.. Gibbons Construction APAC-Texas, Inc. Souter Paving Austin Road Company SRO Asphalt, Inc. Amount $297,890.12 301,660.07 310,516.72 320,848.34 331,750.22 389,044.00 Project Cost and Financing Based on standard City policy in effect at the time this project was approved, residentially zoned property is being assessed $15.50 per front foot for pavement and curb and gutter, plus the cost of driveway approaches where none now exist. Property zoned other than residential is being assessed for one-half of the roadway pavement width, plus curb and gutter and driveway approaches where none now exist. These assessments amount to $69,249.28, which will be provided for by a bond fund transfer from the Special Assessment Unspecified Account, 94-009905-00. Cost to the City for construction is approximately $228,640.84, plus $35,746.81 (12°6) engineering. The City's high cost and proportional share is attributed to an approximately 12-foot cut through rock at the west end - Race Street/Oakhurst Scenic Drive intersection. A bond fund transfer is required from Fund 29, Assessment Paving Unspecified Account for the City's construction cost. Sufficient funds are available. in Engineering Account (29-095101-00) for engineering services. /~ Recommendations It is recommended that the City Council. 1. approve the following bond fund transfers: From To Amount Reason 94-009905-00 94-024305-00 $ 69,249.28 To provide funds for Special ~, Race Street - the property owners Assessments Sylvania Avenue share of construction Unspecified to Oakhurst cost. Scenic Drive 29-024901-00 29-024305-00 $228,641.00 To provide funds for Assessment Race Street the City's share of Paving Sylvania Avenue construction cost. Unspecified to Oakhurst Scenic Drive ~, •~ F~ Y I~ ^/ DATE REFERENCE SUBJECT AWARD OF CONTRACT -ASSESSMENT PAGE NUMBER PAVING OF RACE STREET - SYLVANIA 3 of 3_ 4/16/85 C-8960 2. adopt an ordinance• A. declaring the necessity for and o rdering the improvements; B. making provisions for levying ass essments; 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 $297,890.12 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: A. approving the estimates of costs and amounts proposed to be assessed, and B. setting May ~., 1985, as the date for the benefit hearing. ~c DAI:du APPROVED BY CITY COUNCIL ~"" AP 2J 1985 /r.U l~l.. ~~~~.~:r~-~./ City Seoxetaxy of the City of Fort 3 espy SUBMITTED FOR THE ~ CITY MANAGER'S / DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ~ ^ APPROVED ORIGINATING DEPARTMENT HEAD• Gary L. Sallterre I.. OTHER (DESCRIBE) CITY SECRETARY FOR AOOITIONAL INFORMArT,IDNI 1 Schmidt Ext . 7805 VUUC DATE CONTACT