HomeMy WebLinkAboutOrdinance 9150ORDINANCE N0. ~/ ~~
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF MALTA AVENUE
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO BOB MOORE, 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:
MALTA AVENUE From Hemphill Street - East to M.K.T. Railroad, known
and designated as Project No. 030-024309-00.
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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.
MALTA AVENUE From Hemphill Street - East to M.K.T. Railroad, known and des-
ignated as Project No. 030-024309-00, a six-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 twenty-
eight feet wide and ending at an eighty-feet wide cul-de-sac.
Six-inch thick concrete driveway approaches will be constructed
where required,. Four-feet wide concrete sidewalk will be con-
structed adjacent to the south side of the roadway.
The above, together with concrete curbs, gutters, driveways and incident.al.s
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-wit
A The property abutting on that portion of the street, avenue nr public
place and the real and true owners thereof shall psy 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
B The City of Fort Worth shall pay all of the remainder of the cost of
said improvements after deducting tha amounts herein specified to be paid by the
abutting properties and the real and true owners thereof. as set nut 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 en 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 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 Dave the right to pay any and all of ouch 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:} ss the same
matures, then at the option of the City of Fort Worth or its assigns, the entire
amount of the asaeasment 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 aacert'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 as provided by law Said aaseeaments 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
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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 sumo in leaser 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 assessments against the respective lots and parcels of property and the
owners thereof shall be evidenced by certificates of special aaaessment, 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 aaaessment, 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-
ctedings with reference to the making of such improvements have been regularly had
in compliance with law, and that all prerequisites to thef.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 perfora-ed, 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 asaeeament shall be and became immediately due and payable, together
with reasonable attorney's fees and costs of collection, if incurred, all of which,
ae well as the principal and interest on the aaaessment, shall be a first and prior
'lien ageinat the property, superior to all other ii,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 aaaessment 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 aaaessment 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, as amended, and the bid of BOB MOORS, INC.
having been found to be the lowest and
beet bid for the making and construction of. said improvements, the contract there-
fore is hereby awarded to BOB MOORS. 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 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 Acts of the First Called Session of the Fortieth Legislature of the 6tate 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 snd true owners of
the property mentioned shall be liable anef the asaeaamenta against the property
shall be valid
XI
The Director of Public Works of the City dr 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 Acta 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 snd by filing
the complete ordinance in the appropriate Ordinance Records of this City.
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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~
APPRWED AS TO FORM AND LEGALITY:
' 'y Attorney
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DATE I REFERENCE I SUBJECT Award of Contract - Reconstructs n PAGE
NUMBER ~ of Malta Avenue from Hemphill 2
7/17/84 ~ **C-8480 f Hemphill Street to M.K.T. Railro d iof
City Council action is requested on Project No. 30-024309-00, as described
below:
Roadway R.O.W.
Street Limits Width-Feet Width Feet
Malta Hemphill Street 28 50
Avenue East to M.K.T.
Railroad
Origin of Project
On August 16, 1980, the Transportation and Public Works Department received a
paving petition signed by the majority of the property owners requesting the
street be resurfaced. An inspection of the street, including core samples,
revealed that the surface and base of the street have failed beyond
resurfacing. The department conducted a poll-card survey to determine the
desires of the property owners as to reconstructing the street, since
assessments are involved. The results of the survey indicated that the owners of
82.9% of the land favored reconstruction. On March 15, 1983 (M&C G-5563), the
City Council approved the reconstruction of Malta Street and assessing property
owners' for curb and gutter and/or gutter only and driveway approaches where
none now exist in accordance with Standard City Policy at the time the petition
was received (old policy).
Improvements
This segment of Malta Avenue will be improved with residential grade hot-mix
asphaltic concrete pavement with concrete curb and gutter, concrete driveway
approaches and a new cul-de-sac at the railroad right-of-way. Minor drainage
improvements are also included.
Receipt of Bids
The project was advertised for bids on May 31 and June 7, 1984, and the
following bids were received on June 21, 1984, with 30 working days allotted to
complete the project.
Bidder
Bob Moore, Inc.
L. Grimes & Co., Inc.
Triangle Paving & Excav.
APAC-Texas, Inc. ~'`
Austin Road Company
Tamar Development, Inc.
Amount
$91,007.90
94,088.70
94,421.50
96,421.40
103,788.06
225,600.20 (Incomplete)
Project Cost and Financing
In accordance with Standard City Policy at the time the project was approved,
the proposed assessment against the adjacent properties is 56,667.10, which will
be provided for by a bond fund transfer from the Special Assessment Unspecified
Account, 94-009°905-00.
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DATE REFERENCE suB~ECT Award of Contract - Reconstructio PAGE
NUMBER
7/17/84 **C-8480 of Malta Avenue from Hemphill 2 2
Hem hill Street to M.K.T. Railro °f
Cost to the City for construction is approximately $84,340.80, of which
572,760.00 is for street construction and 511,580.80 for drainage facilities
plus engineering. Bond fund transfers are required from the Assessment Paving
Unspecified Account for the City's construction cost and from the Engineering
Unspecified Account to supplement the engineering funds in the project account.
See recommedations below:
Recommendations:
It is recommended that the City Council:
1. Approve the following bond fund transfers:
From To Amount Reason
094-009905-00 094-024309-00 $6,667.10 To provide funds for
Revolving Fund Malta Avenue the property owners
Unspecified Hemphill Street share of construction
to M.K.T. Railroad cost.
030-024901-00 030-024309-00 $84,341.00 To provide funds for
Assessment Paving Malta Avenue the City's construc-
Unspecified Hemphill Street tion cost.
to M.K.T. Railroad
030-095901-00 030-024309-00 $11,500.00 To supplement the eng-
Engineering Malta Avenue ineering funds in the
Unspecified Hemphill Street project account.
to M.K.T. Railroad
2. Adopt an ordinance:
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 Bob Moore, Inc., in the amount of $91,007.90
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:
A. approving the estimates of costs and amounts proposed to be assessed;
and
B. setting August 14, 1984, as the date for the benefit hearing.
DAI:dh
APPROVED BY
CITY COUNCIL
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY
OFFICE BY , f._l AP.I~~VE~'~ 1984
ORIGINATING OaFpER (D SCRIBE)
DEPARTMENT HEAD• Gary L, Santerxe ~~'("YJh/.. CITY SECRETARY
FOR ADDITIONAL INFORMATION City .4ecte.nx `-"
CONTACT Odell Schmidt Ext. 7805 Cityot.Fortva~~,,`hm__
DATE