Loading...
HomeMy WebLinkAboutOrdinance 9025T ,. ORDINANCE N0. Do1.5" AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION nF RODEO STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO SRO ASPHALT, 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 ASSESSIrfENTS 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 RODEO STREET From Old Mansfield Road to Wichita Street, known and designated as Project No. 030-025262-00. 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 . RODEO STREET From Old Mansfield Road to ?~ichita Street, known and designated as Project No. 030-025262-00, a seven-inch. thick hot-mix asphaltic concrete pave- ment on a six-inch thick lime stabilized gravel base., with seven-inch high concrete curb and eighteen-inch wide concrete gutter, so that the finished roadway will be twenty-eight feet wide. Six-inch thick concrete driveway approaches will be constructed where specified. -~ 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 coat 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 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 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 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 sums aeaebsed 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 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 inetallmenr matures provided that any owner shall Have the right to pay any and all of ouch installment at any time before maturity by paying principal with interest accrued to the date of payment and further provided if default be made in the payment of any installment pros-pt13~ Es the same matures, then at the 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 immedi- ately 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 aecert'ained 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 aaseasmenta 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 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 inatallmenta of not less than $9.00 each, the first of. such inatallmenta to become due snd payable not more than •. h 30 days after the completion and acceptance by the city of the particular unit, PROVIDED FURTHER, that the City Attorney ie 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 Fublic Works has previously determined that an extreme financial hardship upon the property owner will otherwise result and PROVIDED FURTI~R, 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 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 aeaeasment, the description of the .property, and the name of the owners, as far as known, and shall contain ouch 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 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 assessment shall be and become immediately due and- payable, together with reasonable attorney's fees and costa of collection, if incurred, ell of which, as well as the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other l:'.r..ns 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 ocher matter or thing, shall invalidate any asaesament 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 aeaeasment 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 11ASb of the re- vised Civil Statutes of Texas, ae amended, and the bid of S~Q API-It~LT_, TNr._ 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 ~Rn ASPIiALT. ~1G. 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 auff.icient 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 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 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 an<f 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 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 Chapter 21 of the Acte of said Session of the Legislature, said Act having been passed in the year 1930, and now known a• 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. .~ ~. XIVo 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 T, 19 G 1" APPROVED AS TO FORM AND LEGALITY: ~ity Attorney ~`~' MASTER FILE 2 ~'~~ ,~',,. CITY MANAG F.R 1 ACCOUNTiNG•2 TRANSPORTf PUkCHASIN • • ~r ~~;~~ ~ city lo~' ~~~°t ~®rth, ~~.~~~ mayor rxrsd ~oaancil ~o~ra,a~~.uni~ata,on TION~PU6LIG Wurcna•~ DATE REFERENCE SUBJECT Award of Contract - Reconstruc- PAGE x 1 NUMBER tion of Rodeo Street from Old Mansfi ldl of 2 1/31/84 **C-8200 Rnarl fin Wichita Strcct City Council action is requested on Project No. 030-025-262-00, as described below Roadway R.O.W. Street Limits Width - Feet Width - Feet Rodeo Street Old Mansfield Road 28 50 to Wichita Street Origin of Project On October 27, 1982 (M&C G-5417 Revised), the City Council approved the allotment of bond funds for the 1982-83 Capital Improvement Program. The reconstruction of Rodeo Street from Old Mansfield Road to Wichita Street was included in this program with an allotment of $430,000.00 for construction. Improvements Rodeo Street is an existing residential street which was improved and accepted by the City Council on February 4, 1963. However, some areas were not improved with curb and gutter and driveway approaches and some with curb only. The street will now be improved with new residential type pavement complete with continuous curb and gutter and driveway approaches as well as required additional storm drain facilities. ~1, Receipt of Bids'-' The project was advertised for bids on December 1 and 8, 1983, and the following bids were received on December 22, 1983, with 83 working days allotted to complete the project. Bidder Amount SRO Asphalt, Inc. $407,157.15 APAC-Texas, Inc. 422,407.30 Austin Road Company 432,482.91 Gibbons Construction 456,725.20 L. Grimes & Company, Inc. 461,444.25 Stolaruk Corporation 475,444.25 Engineering Estimate $470,000 Project Cost and Financing In accordance with current standard City Policy for Street Reconstruction, adjacent property owners will be assessed for curb and gutter and/or gutter only and driveway approaches where none now exist. In addition, property owners will be assessed for 50 percent of the residential rate for pavement since the existing pavement is over 20 years old. Based on the above, property owners will be assessed $75,813.84, which will be provided for by a bond fund transfer from the "Revolving Fund Unspecified". _~~ ~i ~~~~ DATE REFERENCE NUMBER SUBJECT Award Of Contract - R@COriStruC PAGE 1/31/84 **C-8200 tion of Rodeo Street from Old Mansfield 2 of 2 Cost to the City is approximately $331,343.31 of which $217,358.51 is for street construction and $113,984.80 for storm drain improvements, plus $52,930.43 (13%) engineering. Sufficient funds are available in the Project Account (No. 030-025-262-00) to provide for the City's construction cost. A bond fund transfer is required from the "Engineering Unspecified Account" to supplement the engineering funds in the project account. Recommendations It is recommended that 1. The following bond fund t"ransfers be approved: From To Amount Reason 094-009-905-00 094-025-262-00 $75,813.84 To provide funds for the Revolving Fund Rodeo Street, Old property owners share of Unspecified Mansfield Road to construction cost. Wichita Street 030-095.-901-00 030-025-262-00 $29,524.00 To supplement engineering Engineering Rodeo, Street Old funds in the project account. Unspecified Mansfield Road to Wichita Street 2. An ordinance be adopted A. Declaring the necessity for and ordering the improvements, B. Making provisions for levying assessments, C. Directing the Transportation/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 $407,157.15, based on their low bid, E. Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above, and 3. An ordinance be adopted A. Approving the estimates of costs and amounts proposed to be assessed, and $. Setting February 28, 1984, as the date fear the A~~~Dh~~~ring. ~ '1( TT DAI dw CIT Y 000NC IL Attachment JAN 3~. 1984 ,Q- ----_. • SUBMITTED FOR THE CITY MANAGER'S ~ /~ OFFICE BY 'Y ~.. -a. V ~ ~ ~~ .Sie DISPOSITION BY ~;1~'N~I '~pyi wpm ~ PROCESSED BY G( [] APPROVED ORIGINATING Gar L. Santerre DEPARTMENT HEAD• y I.. OTHER (DESCRIBE) CITY SECRETARY CON ACT TIONAL INFORM O Qell ~~1~~~X~J.~\~~f~~~ CL ~E DATE O