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HomeMy WebLinkAboutOrdinance 9127~. A _ . ORDINANCE N0. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION ~F DONNELLY AVENUE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO AUSTIN ROAD .COMPANY 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: DONNELLY AVENUE From Sanguinet Street to Hulen Street, known and designated as Project No. 030-036J31-00. 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 DONNELLY AVENUE From Sangunet Street to Hulen Street, known and des- ignated as Project No. 030-03673.1-00, 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, s~o that the finished roadway will be forty-four feet wide for five hundred thirty-feet, thence forty-eight-feet wide to Hulen Street.. 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 f.or as foltowa, to-wi.t A The property abutting on that portion of the street, avenue or public place end 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 cost of the remainder of such improvements $ 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 tl~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 ssaessed 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 part.ic~~lar unit, the sums 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 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 ssaessed 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, pa~sble 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 such <nstallment at any time before maturity by paying principal with interest accrues to the date of payment and further provided if default be made in the payment of any installment promptl3 gs 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 agsinst 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 iaw in force in the City, nor shall any assessment be made in any case until after notice of hearing ae provided by law. Said aasesamenta 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 scting through its duly authorized Director of Public Wurka, the City of Fort Worth retaining the right to authorized payment of the aurae ssaessed 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 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 asaesaments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special aaaesament, 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 aaaesament 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 ail 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 tssigna, the entire amount of the aaaesament shall be and become immediately due and payable, together with reasonable attorney's fees and costa of collection, if incurred, all of which, as well as the principal and interest on the aaaesament, shall be a first and prior lien against the property, superior to all other ii.rns 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 aaaesament 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 aaaesament 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, ae amended, and the bid of AUSTIN ROAD COMPANY 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 AUSTIN ROAD COMPANY 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 R n. y~ $, ~ e ~ - s 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 ao 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 asaessmenta against the property shall be valid XI The Director of Public Works of the City er Fart Worth, Texas, 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 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, XjY 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 ~~ /y(,Q 19 APPROVED AS TO FORM AND LEGALITY: `ty Attorney .,,E +~SLF.;~ ~fJ#aE.A / ~= ° ~~ '~...~. ~ ~' ~~°~ W®~°t~L `~C~.J~~~ I'~ ,~- ~~ty of CITY MANAGER 1 - ~c~auanNU t TRADISPORTA7tON~PUBLIC WORKS+~ DATE REFERENCE SUBJECT Award of Contract - Donnelly PAGE NUMBER Avenue Improvements 2 6/19/84 **C-8436 1of Council acr_ion is requested on Project No. 30-036731-00, as described below• Roadway R.O.W-. Street Limits Width-Feet Width Feet Donnelly Sanguinet Street 44 to 48 74 Avenue to Hulen Street I~ '~ Origin of Project On July 26, 1983 (M&C C-7001), the City Council approved Community Facilities , Agreement No. 13228 with Hulen Heights Joint Venture for the Development of Lot ~ 1-R, Block 2-R, Chamberlin Arlington Heights Addition, Second Filing. Included in the agreement is the assessment paving of Donnelly Avenue from Sanguinet '~ Street to Hulen Street. Improvements This segment of Donnelly Avenue will be improved with collector grade hot-mix asphaltic concrete pavement with concrete curb and gutter. Concrete driveway approaches will be constructed where specified. Storm drain facilities consist of the- removal and replacement of two ten-foot inlets. Receipt of Bids ~' The project was advertised for bids on t9ay 10 and 17, 1984, and the following bids were received on May 31, 1984. Bidder Amount Working Days If Austin Road Company $131,083.05 50 APAC-Texas, Inc. 131,794.10 60 Bob Moore, Inc. 133,466,86 60 L. Grimes & Co ., Inc. 138,191.80 75 Gibbins Construction 144,517.00 90 Project Cost and Financing ~ In accordance with Standard City Policy and the low bid, the proposed assessment against adjacent properties is $113,465.45, of which $28,920.00 is against the developer's property and $84,545.45 against the remaining individual property owners. In accordance with Paragraph 3, Section VI of the Policy for the Installation of Community Facilities, the Developer has paid his portion of the above cost which has been deposited in the project account. Funding f.or the remaining property owners' share ($84,545.45) will be provided for by a bond fund transfer from the "Special Assessments Unspecified" Account, 94-009905-00. ~TM~' a DATE REFERENCE SUHJECT Award Of Contract - Donnelly ~ PAGg NUMBER Avenue Improvements 2 2 6/19/84 **C-8436 or Cost to the City for construction is approximately $17,617.60, plus $18,351.62 (14%) engineering. Bond fund transfers are required from the "Streets In New Additions Unspecified" Account for the City's construction cost and from the "Engineering Unspecified" Account to supplement the engineering funds in the project account. Recommendations It is recommended that: 1. The following bond fund transfers be approved From To Amount 94-009-905-00 94-036-731-00 $84,545.45 Revolving Fund Donnelly Avenue Unspecified Sanguinet to Hulen 30-036-901-00' Street in New Additions Unspecified 30-036-731-00 Donnelly Avenue Sanguinet to Hulen $17,617.60 °30'-095-901-00 Engineering Unspecified 30-036=731-00 'Donnelly Avenue Sanguinet to Hulen 2. An ordinance be adopted $ 4,870.00 Reason To provide funds for property owners share of construction cost . To provide funds for for the City's share of construction cost. To supplement the engineering funds in the project. account. 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 Austin Road Company in the amount of $131,083.05 based on their low bid. E. Making appropriations to cover. the indebtedness thereby incurred for improvements of the project named above, 3. An ordinance be adopted A. Approving the estimates of costs and amounts proposed to be assessed ~ and APPROV D BY B. Setting July 17, 1984, as the date for the benefit hearing. CITY CO NCI~L DAI de I JUN I9 1984 ~~ C1j~t 'SOCYEtQY p..~... n:._ _ . _ Y o: ine SUBMITTED FOR THE I ~ - y CITY MANAGER'S DISPOSITION COUNCIL. PROCESSED B OFFICE BY / ~ ~ ~ APP ED ORIGINATING Rdo ted ~rdinanceSN I E) DEPARTMENT HEAD• caxy L Santerre ~ RETARI' FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt EXt. 7805 dopted Qrdinance 0. _. DATE