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HomeMy WebLinkAboutOrdinance 9115-i ORDINANCE N0. ~~ J AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF NORTH RIVERCREST DRIVE .. AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO SRO ASPHALT, TNC. AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; MAKING APPROPRIATION~a 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: NORTH RIVERCREST DRIVE From lazelwood Drive - North to Cul-De-Sac, known and designated as Project No. 029-040110-00. (UNIT II) h 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 : NORTH RIVERCREST DRIVE From Hazelwood Drive - North to Cul-De-Sac, known and designated as Project No.. 029-040110-00, a five- (UNIT II) 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 finished roadway will be thirty- feet wide. Six-.inch thick concrete driveway approaches will be constructed where specified. -- ~ - The above, together with concrete curbs, gutters, driveways and incidental.a 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 for 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 all of the cost of curbs and gutters in front of their property and not exceeding nine-tenths (9/lOths) of c.he 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 improvements are completed and accepted by the City on a particular unit, the sums assessed against property abutting upon such completed and accepted unite shall be and become payable in five (S) 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 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 be due and payable on the date said inetallmenr. matures provided that any owner shall leave the right to pay any and all of ouch tnatallment 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 ?rompt:3 Es the same matures, then at the option of the City of Fort Worth or eta assigns, the entire amount of the assessment upon which such default is made shall be and become immedi- ately due and payable; but it is specifically provided that no aseesamenta 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 pro- vided by the law in force in the City, nor shall any aeeeeament 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 shell be executed in the name of. the City of Fort Worth, PROVIDED, however, chat acting through its duly authorised 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 leas than $9 00 each, the first of such installments to become due snd payable not more than . f,, °~ .. 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 FROVIDED 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 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 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 ae known, and shall contain such other recitals as may be pertinent thereto, and shall further recite substantially that all 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 resigns, 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, ea well ae the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other if.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 easeasment for street improvements shall not in- validate any asaesament 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, as amended, and the bid of NORTH RIVERCREST DRIVE 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 SRO ASPHALT 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 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. 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 and the assessments against the property shall be valid XI The Director of Public Works of the City or 1r`ort Worth, Texaa, be and he is hereby ordered and directed to file with the City Council, estimates of the coat 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 Seaeion of the Legislature, said Act having been passed in the year 1930, and now known as Article 1220a of Vernon°s Texaa 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 ~, ~, a ,~ 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 ~~ `1'i') DAY OF , 19 APPROVED AS TO FORM AND LEGALITY: City Attorney ASTER FILE 1 ,a T 1,,. g7J~ ~// CITY MANAGER 1 f~ ~ ~a,~~ ~~' ~;~~,~ ~®~~/d~ ~~~'L.~L~ ACCOUNTING•2 T ~J ,~1/~ ~y7~ rn ~/ ~y~j /~j ~1~'/ /~ 7RAMSPO T R~~ ly/ ®~ ~IAL~~ ~®~~Il/ (Ll~ ~®~O 11 U/ 14~L U 1(i U/LL/~t.W ~ (li®~ R ATION/PUBLIC WO S• ' REAL PROPEKT ! DATE REFERENCE WATER AOMINIS Ali N ~/~/84 NUMBER **C-8418 SUBJECT Award of Contract - ~ PAGE Reconstruction of Rivercrest I 2 Drive, Units I and II > or - Council action is requested on Project No. 029-040-110-00, as described below Unit Street I Rivercrest Drive II North Rivercrest Drive Roadway R.O.W. Limits Width-Feet Width-Feet West Seventh 24 40 Street to Monticello Dr. Hazelwood 30 60 Drive-North to Cul-De-Sac Origin of Project Unit I, was originally included in a resurfacing contract awarded to Harrod Paving Company on February 15, 1983 (M&C C-6765). Upon completion of utility adjustments, it was deleted from the contract by M&C C-7900, dated May 24, 1983. Due to the deteriorated condition of the pavement and base, Unit I was then scheduled for complete reconstruction. . , `, , ,,4~ ,~Unt,,,~~'I"~is included in this project as a result of a paving petition received in by the ~.~ ...Transportation and .Public Works Department on June 13, 1983, signed by the owners of 71 percent of the adjacent property and requesting the street be improved under ttie current assessment paving policy. The City Council authorized the addition of this Unit to the project on August 16, 1983 (M&C C-7029). Improvements Improvements on botYl Units will consist of reconstructing the existing pavement and ,• base as well as replacing deteriorated curb and gutter and driveway approaches where required. Drainage improvements will consist of minor upgrading of the existing storm drain system. Receipt of Bids The project was'advertised,for bids on April 26 and May 3, 1984, and the following bids were received on May 17, 1984, with 58 working days allotted to complete the project. Bidder Amount SRO Asphalt, Inc. $300,992.00 APAC-Texas ; -Inc . z~. 3 53 , 383.74 Lowell B. Allison Contr.,'Inr_. ~ 353,462.47 ,r Gibbins Construction `~' N 361,080.90 L. Grimes & Co., Inc. 366,180.47 ' Austin Road Company 402,413.81 a Project Cost and Financing In accordance with Standard Assessment Paving Policy in effect at the time each unit was authorized, assessments for pavement and non existing curb and gutter and driveway approaches will be levied on Unit II only. Such assessments amount to approximately $12,975.57, which will be provided for by a bond fund transfer from the "Revolving Fund Unspecified" account as shown in the recommendations. E~ s ,DATE REFERENCE SUBJECT AWard Of CO;ntract - PAGE NUMBER Reconstruction of Rivercrest 2 2 6/5/84 **C-8418 Drive Units I and II ~ ~ °t °- Cost to the City for construction of Unit II is approximately $98,755.21, plus $8,-938.46 (8%),engineering. Cost to the City for construction of Unit I (total cost) is ~ approximately $189,261.22, plus $15,140.90 (8%) engineering. Bond fund transfers are } required from the "Resurfacing and Reconstruction Unspecified" account..'for•,the City's ' construction cost and from the "Engineering Unspecified" account for engineering costs as shown in the recommendations. ~ , ~' t Recommendations: It is recommended that: r 1. The. following bond fund transfers be approved: From To Amount 094-009-905-00 094-040-110-00 $ 12,975.57 Revolving Fund Rivercrest Drive Unspecified Unit II, Hazelwood Dr. No. to Cul-De-Sac 029-040-121-00 General Residential Streets Unspec. 029-040-110-00 Rivercrest Drive, Units I & II $ 60,016.43 029-025-901-00 Street Reconstruc- tion Unspecified 029-095-901-00 Engineering Unspecified 029-040-110-00 Rivercrest Drive, Units I & II 029-040-110-OG Rivercrest Drive Units I & II 2. An ordinance be adopted: $228,000.00 $ 24,079.00 _ E- [ ~ 4 / Reason To provide funds for property owners share of construction cost. To provide funds for the City's share of construc- tion cost. To provide funds for the City's share of construc- tion cost. To provide funds for the City's share of engineer- ing cost. A. Declaring the necessity far 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 SRO Asphalt, Inc., in the amount of $300,992.00, based on their low bid for Units I & II APPROVED BY E. Making appropriations to cover the indebtedn~srVteb~CQ~r-curred for improvements of the project named above; iilt lI~~VV UU ~~LL 3. An ordinance be adopted ~~ ~,',J(U N 5 1984 A. Approving the estimates of costs and amounts pr~i~a, t~~~~e'~e~°~• B. Setting July 3, 1984, as the date for the be~e~~ t-liearing~ for ~ only, ~ eczetnri. of >, e and Cite of ,~ yN_~y ~ 4. Authorize the Director of Transportation and Public Works to issue a work order on Unit I immediately. DAI:dd SUBMITTED !FOR THE c CITY MANAGER'S ,'~-~• ;DIS£OSITION°B OUNCIL: OFFIGE~6Y ;(,,~: ' {; f, ~ PROCESSED'flY ORIGhNATfNG j ' 7HER (DES RIB E) DEPA'RTM'ENT-HEAD Gary L. .Sant'erre (~ CITY 'SECRE;TARY FOR.AnDLTIONAL INFORMATION ~O~J~e~ VC~I~IaI~CP~ NO. i CONTACT Odell SChmldt Ext 7805 D'A7E • •.