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HomeMy WebLinkAboutOrdinance 9212., r s ,~~ ORDINANCE N0. Z ~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION ~F EAST NINTH STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO J. L. BERTRAM CONSTRUCTION & ENGINEERING, 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 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 of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: EAST NINTH STREET From Pecan Street - Eastward to the West Frontage Road of I-35W, known and designated as Project. No. 29-024311-00. I, .~ 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 EAST NINTH STREET From .Pecan Street - Eastward to the West Frontage Road of I-35W; known and designated as Project No. 29-024311-00, a seven-inch thick reinforced concrete pavement with seven- inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be forty-feet wide.- Six-inch thick concrete driveway approaches will be constructed where specified. ~. ~ d 4 w 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 Plana and Specifications therefor IV The cost of said improvements as herein defined shall be paid f.or as fallowa, to-wit 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 coat 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 the amounts herein specified to be paid by the abutting properties and tt~e 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 ouch properties and a personal liability of the real and true owners there of and shall be payable to-wit• When the improvemee~ts are completed and accepted by the City on a partic»lar unit, the soma assessed against property abutting upon such completed and accepted unite shall be and becoc~e 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 end 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 have the right to pay any and all of such 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 prompt:3 Es the same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the atsesament upon which each default is made shall be and become immedi- ately due and payable; but it is specifically provided that no assessments shall in any case b.e 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 ae 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 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 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'e 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 sumo 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 sasessment, 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 ie 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 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 all 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 same matures, then, at the option of the City of. Fort Worth, or its assigns, the entire amount of the assessment shall be and became immediately due and payable, together with reasonable attorney's fees and costs of collection, if incurred, sll 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 il.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 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 sasessment for street improvements shall not in- validate any sasessment 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 ss required by Article 11ASb of the re- vised Civil Statutes of Texas, as amended, and the bid of J. L. BERTRAM CONSTRUCTION ~ RNGTNFRRTN , ANC 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 J. L. BERTRAM CONSTRUCTION & ENGINEERING, 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 file with the City, the City Manager, and the City Secretary are hereby directed to execute the said contract in the name of the _M w ... City of Fort Worth, Texas, and to impress the corporate seal of. the City thereon, the acid 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 lOb 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. 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 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 tir 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 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 acme 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, PASSED AND APPROVED THIS DAY OF , 19 APPROVED AS TO FORM AND LEGALITY: ~C~ty Attorney ' J MAS f ER 6~E 1 ///-~ ~- p J7//-'7~ ~p r ~p J/ ,gyp ~+ C~Y~MAN.AGER^1 }~/~~ry/ ®~ JL ®J ~ V' V Q~8 ~,U14~ ~~j~j~l.({+vl ACCOUNTING 2 •J~ /,//"'p ((J/77J///// ~ /~ //~~//~~ff~~ TRANSPORTATION'PUB IRFCS•~~~ ~~~ ~®~.lG11'd.~~W ~®~~U./IV~~N/V/W~~®~ PARt:S PURCF FINANC R tl. l'ttA ";~" ~ ~ war o ontrac - econ- DATE REFERENCE SUBJECT PA NUMBER struction of East Ninth Street YG-1 9/11/84 **C-8586 Pecan to I-35W for city Council action is requested on Project No. 29-024311-00, as described below: Roadway R.O.W. Street Limits Width-Feet Width Feet East Ninth Street Pecan Street 40 60 to W. Frontage Rd. of I-35W Origin of Project On March 10, 1983, the Transportation and Public Works Department received a letter from the current owners of the King Candy Company Building, requesting the 700 and 800 blocks of East Ninth Street be improved. The building is now known as Worth Center and will be developed as a multi-purpose complex for apartments, a restaurant, a health club, beauty salon, exclusive office space with safety vault for security boxes of tenants, and a civil defense facility in the basement area. In order to determine the desires of all the property owners as to improving the street, a poll-card survey was conducted with favorable results. On August 23, 1983 (M&C G-5725), the City Council approved the project. Improvements East Ninth Street in this area is an existing brick surface on a concrete base street with scattered curb and gutter and an adequate storm drain system. The existing street is 36 to 40 feet wide. All of the adjacent property is zoned "J" light industrial. It was proposed to improve the street by constructing new curb and gutter and driveway approaches where required, repairing the base as needed and overlaying the existing brick surface with a 3-inch hot-mix asphaltic concrete surface on a 40 foot wide roadway. During the design of the project it was determined that the concrete base has deteriorated beyond repair. Consequently, it is proposed to completely reconstruct the street with new 7" concrete pavement with attached concrete curb and concrete driveway approaches where required. Receipt of Bids The project was advertised for bids on July 26 and August 2, 1984, and the following bids were received on August 16, 1984, with 45 working days allotted to complete the project. Bidder J. L. Bertram Constr. Walt Williams Constr. Austin Road Company J. D. Vickers, Inc. Architectural Utiliti Hutch, Inc. Amount & Eng. Inc. $221,512.25 Co., Inc. 223,290.50 237,086.63 268,619.50 es, Inc. 282,120.25 308,904.00 DATE REFERENCE SuB~ECTAward of Contract - Recon- PAGE NUMBER struction of East Ninth Street 2 2 9/11/84 **C-8586 Pecan to I-35W °t M.H. Vinson Constr. Co., Inc. 347,398.50 Engineers' Estimate $230,000.00 Project Cost and Financin Rased on standard City policy for reconstruction of streets and the low bid unit prices, the proposed assessment against abutting properties is $122,630.97, which will be provided for by a bond fund transfer from the Special Assessment Unspecified Account, 94-009905-00. Cost to the City for conetruction is approximately $98,881.28, plus $26,581.47 (12%) engineering. A bond fund transfer is required from the Assessment Paving inspecified 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: 1. The following bond fund transfers be approved: From To Amount Reason 94-009905-00 94-024311-00 $122,630.97 To provide funds Revolving Fund E. Ninth Street for the property Unspecified Pecan Street to owners share of I-35W construction cost. 29-024901-00 29-024311-00 $ 98,881.28 To provide funds Assessment E. Ninth Street for the City's Paving Unspecified Pecan Street to share of construc- I-35W ti.on coat. 2. Adopt an ordinance: Adopted Ordinance i~o..~,2/~ 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 J.L. Bertram Construction & Engineering, Inc., in the amount of $221,512.25 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 Oidlila~lCe ~'~0, y~~ A. approving the estimates of coats and amounts proposed to be assessed; and A. setting October 9, 1984, as the date for the benefit he~i~t~~01lED BY Cf f Y ~DUNC~~ . DAI : d~ btP 11 1984 SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: P E D BY OFFICE BY i ~] APPROVED ORIGINATING DEPARTMENT HEAD: Gar L~ Sariterre (;.i OTHER (DES ~ecret~iry cf City Of e ~~csECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmid DATE ~..