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HomeMy WebLinkAboutOrdinance 9492ORDINANCE N0. ~~~~~~~ AN ORDINANCE DETERMINING THE"NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF .A PORTION OF 6LD DECATUR ROAD., UNIT I, FROM LONGHORN ROAD TO 947-FEET NORTH OF CROMWELL MARINE CREEK ROAD iN THE CITY OF FOP.T WORTH, TEXAS; APPROVING PI;ANS AND SPECIFICATIONS OF THE CITY OF SAGINAW FOR THE PAVING AND WIDENIPTG OF THE ROAD SURFACE AND THE CONSTRUCTION OF CURBS., DRIVEWAYS AND STORM SEWERS, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF SAGINAW FO RTHE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS, MAKING APPROPRIATIONS FOR THE PUR- POSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED, MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST THE 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 [,TORKS DIRECTOR OF THE CITY TO PREPARE ESTIMATES, DIRECTII`TG THE CITY SECRETARY TO FILF. A NOTICE OF ADOPTION OF THIS ORDI- NANCE WITH THE COUDTTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING 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 40TH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE 1105b OF THE VERNON`S CIVIL STATUTES AS AMENDED BY ACTS 1967 60TH LEGISLATURE, PAGE 36.5, CHAPTER 176 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 FILING THE COMPLETE ORDINANCE IN THE APPRO- PRIATE ORDINANCE RECORDS OF THIS CITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Works Director of the City of Fort Worth has approved plans and spe- cifications of the Ci.ty~o~f~Saginaw";for the~:improvement of the hereinafter described por- tions 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 improvements of the hereinafter described portions of streets, avenues, and public places in the City of Fort Worth, to-wit OLD DECATUR ROAD From Longhorn Road to 947-feet north of Cromwell Marine Creek Road, known and designated as Project No. 30-025322-00. 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: OLD DECATUR ROAD From Longhorn Road to 947-feet north of Cromwell Marine Creek Road, a C' six-inch thick reinforced concrete pavement with a seven-inch high con- crete curb on a 5i.x-inch thick lime stabilized subgrade so that the fin- ished roadway will be forty-eight feet wide. Six-inch thick reinforced concrete curb opening will be con- structed at existing street intersections. .y 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 City of Saginaw having heretofore agreed to pay one-half of the total cost of improving the roadway, the City of Fort Worth shall pay all of the remainder of the cost of said improvements aff.er. deducting the amounts herein specified to be paid by the abutting properties and the real and true owners thereof as set out herein. 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 partic- ular 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- maturiit.y.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 tike 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 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 ;~ 3' against the respectiL~e lots and parcels of property-and. owners thereof shall be evi- denced by certificates.of a special assessment which shahl 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 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 than 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 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 assessments is payable, which certificates shall be issued to the City of Fort Worth, shall recite the. terms.. and time of payment, the amount o~ the assessment, the deser.iption 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 preceedings with reference to the making of such improvements have been. regularly had in compliance with the law, and that all prerequi- sites to the fixing of the assessment lien against the property described in said cer- tificates and 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 a'll other liens and claims except State, County, School bistrict, 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 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 as- sessment for street improvements shall noti, invalidate any assessment levied. The certi- ficates 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 City of Saginaw having heretofore agreed to perform all of the work in con- structing 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 ther•.eof will be $ 215,323.05 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 authorized to complete the execution of such agreement with the City of Saginaw and to proceed with the work. VII. To provide for the payment of the indebtness 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 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 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 suffi- cient 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 men- tioned shall be liable and the assessments 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 provi- sions of the Chartercof the City of Fort Worth, Texas. XII. The. City Secretary is directed t.o 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 gear 1930, and. now known as Article r220a 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. .y s~ } C This ordinance. shall take effect and be in fu11 force and effect from and after the date of its passage. PASSED AND APPROVED THIS APPROVED AS TO FORM AND GAZITY: \!~~ City Attorney ~, ~-ice-$ Y, -~ g ..-- DAY OF , 19 MAStER filE+v ,-„ -ci "' ~2t~ ®~ ~®~~ ~',D'°~~~~'.~~Z~ ACCOUNTING 2 7'RANSPDRTATlONfF'UBL.C.h.; -.~~®~ ~•~W~`riu' ~®`v'+'~"~'~"' ~®° ° "'° ° "'LLJW° "'~~l/„'."lV~®~ 1+~ °1`ER ADM _ _ _ DATE REFERENCE SUBJECT ESTABLISHMENT OF HEARING DATE F R PAGE "UMBER IMPROVEMENT OF OLD DECATUR ROAD FROM 2 9/24/85 G-6443 _ LONGHORN ROAD TO 947 FEET NORTH OF C OMdVL~f.L MARINE CREEK ROAD RECOMMENDATION It is recommended that the City Council: 1. approve the following bond fund transfers: From To Amount Reason 94-009905-00 94-025322-00 $127,602.27 To provide funds for Special Assessments Old Decatur Road, the property owners Unspecified Unit I share of construction cost. 2. adopt an ordinance: adopted Ordinance No.~~y 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 pay to the City of Saginaw, Texas, $215,323.05 in monthly increments as construction progresses in accordance with the Inter-City Agreement approved by M&C C-8916, dated March 19, 1985, and 3. adopt an ordinance: Adopted Ordinance No. 9~~ A. approving the estimates of costs and amounts to be assessed; and B. setting October 22, 1985, as the date for the benefit hearing. BACKGROUND On March 3, 1985 (M&C C-8916), the City Council approved the Fort Worth/Saginaw Inter-City Agreement providing for the upgrading of Old Decatur Road/Marine Creek Parkway in three (III) units. This project pertains to Unit I only. The City of Saginaw will administer the project with the two cities sharing equally in the total cost. PROJECT DESCRIPTION Unit Street I Old Decatur Road Limits Longhorn Drive to 947' North of Cromwell Marine Creek-Road Roadway Wi [Ith-FPPt 48 R.O.W. Wi rlth_Faat 70 r ~, . DATE REFERENCE SUBJECT ESTABLISHMENT OF HEARING TE F R PAGE NUMBER ft IMPROVEMENT OF OLD DECATUR ROAD FROM 2 9J24J85 G-6443 o LONGHORN ROAD TO 947 FEET NORTH OF C MARINE CREEK ROAD IMPROVEMENTS Old Decatur Road in this area is an existing county-type roadway and is a border street between the City of Fort Worth and the City of Saginaw. Improvements will consist of six-inch thick concrete pavement with concrete curb on a lime stabilized subgrade. Storm drain improvements consist of 1,563 feet of reinforced concrete pipe and appurtenances. RECEIPT OF BIDS Bids on the project were received by the City of Saginaw on June 21, 1985 with J. L. Bertram Construction and Engineering, Inc., being the low bidder at $482, 571.48. Due to the City of Sag i Haws' 1 imi ted funds for the project, Change Order No. 1 which reduced the thickness of the concrete pavement from 7" to 6" high strength concrete, and the cement stabilized subgrade to lime stabilized subgrade was submitted by the contractor for a revised total bid of $430,646.09, with 105 working days allotted to complete the project. The con- tract with Change Order No. 1 was `awarded by the City Council of the City of Saginaw on August 27, 1985. Copies of the accepted bid and change order were delivered to the City of Fort Worth on September 3, 1985. PROJECT COST AND FINANCING Based on the City of Fort Worth's share of the contract cost ($215,323.05 or 50~), the low bid unit prices and the City's standard policy, approximately $127,602.27 is proposed to be assessed against adjacent properties on the west side (Fort Worth) of the street. Funding for the property owners share of con- struction cost will be provided for by a bond fund transfer from the Special Assessments Unspecified Accoun`i:;~, X94; 009905-00. Cost to the City-.at-large for construction is approximately $87,720.78, of which $25,865.53 is for street improvements and $61,855.25 for storm drain facilities, plus $1,754.46 (2%~ administrative engineering cost. Sufficient funds are available in Fund 30, Project No. 025322-00, Index Code 680405 for the City's construction cost and in Fund 30, Engineering Project No. 095101-00 for the City's engineering cost. DAI:di a SUBMITTED FOR THE CITY MANAGER'S A ~ ~ ~ OISPO$ITION BY COUNCIL: ^ APPROVED PROCESSED BY ~ ti` OFFICE BY > ORIGINATING DEPARTMENT HEAD: Gary L Santerre ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORp9AT)8~ Schmidt Ext 7805 CONTACT UC]e 11 DATE