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HomeMy WebLinkAboutOrdinance 9256~~, - _. ORDINANCE NO.--~~'~`° AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTI(1N (1F DERIDDER 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 FOF:TIETH 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: DERIDDER AVENUE From Hardy Street to Weber:: Street, known and designated as Project No. 21-036708-00• 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 DERIDDER AVENUE From Hardy Street to Weber Street, known and designated as Project No. 21=036708-00, a seven-inch. thick hot-mix asphaltic concrete pavement with seven-inch high.. concrete curb and eight- teen-inch wide concrete gutter on a six-inch thick lime staliil- ized subgrade, so that the finished roadway will be thirty- feet wide. Six-.inch thick concrete driveway approaches will be constructed where required. ,~ 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 apliurtenances; all of said improvements to be constructed as and where shown on the Plans 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 ar puhlic place and the reel 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 shall pay all of the remainder of the cost of ssid improvements after deducting the amounts herein specified to be paid by the abutting properties snd the 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 improvemef~ts are completed and accepted by the City on a partic~ilar unit, the sums assessed against property abutting upon such completed and accepted units shall be snd 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 assesamenta against the pro- perty abutting upon the remaining unite shall be snd 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 end payable on the date said inatallmenr. matures provided that any owner shall 1~ave 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 ittatallment promptl3- as 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 ascertained at the hearing pro- vided by the law in force in the City, nor shall any asaeaement 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 leas than $9 00 each, the first of such installments to become due and payable not more than T. ` 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 forms 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 shell 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 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 .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 aseeesment shall be and become immediately due and payable, together with reasonable attorney's fees and costa of collection, if incurred, sll of which, as well as the principal and interest on the asaesament, shall be a first and prior lien against 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 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 assessment 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, ae amended, and the bid of BOB MOORE, INC. 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 BOB MOORE, INC. at and for the prices stated in the Proposal of said company and ae 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 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 so state the fact, and if any property be owned by an estate or by any firm or corporation, it shall be sufficient to eo 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 aasessmenta against the property shall be valid XI The Director of Public Works of the City or 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 same 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 OFi~~~~~~v~~~`'r'~ 19 ~~ APPROVED AS TO FORM AND LEGALITY: ity Attorney _ pity ®~' ;~~~~°t ~~v~~~°t,~, ~~~~s ~~ DATE REFERENCE sue~ECT AWARD OF CONTRACT - ASSESSMENT PAGE NUMBER PAVING OF DERIDDER AVENUE FROM 2 11/20/84 C-8730 HARDY STREET TO WEBER STREET i°f City Council action is requested on Project No. 21-036708-00, as described below: Roadway R.O.W. Street Limits Width-Feet Width-Feet DeRidder Hardy Street 30 50 to 60 Avenue to Weber Street Origin of Project On December 27, 1971 (M&C C-2134), the City Council approved Community Facilities Agreement No. 7033 for the develo Anent of Lot 25, Block 42, Sabine Place Addition No. 6 (Northwood Apartment complex). DeRidder Avenue was included as a border street on the north side of the development to be improved on the assessment basis. DeRidder Avenue was not constructed due to the land on the north side of the street being undeveloped and access to the apartments was available from Weber Street on the east. On December 21, 1982 (MSC C°6677), Community Facilities Agreement No. 12842 was approved for the development of Blocks 1 and 2, Lasko Industrial Addition. DeRidder Avenue is also a border street on the south side of this development to be improved on the assessment basis. It is the staff's opinion that the improvement of DeRidder Avenue is now required to provide access from the west and that the project proceed at this time. On April 14, 1984 (MSC G-5951A), the City Council authorized the Director of Transportation and Public Works to design the project with in-house forces and advertise the project for bids. Improvements This segment of DeRidder Avenue will be improved with 7" hot-mix asphaltic concrete pavement with concrete curb and gutter and concrete driveway approaches where required. Storm drain facilities consist of two concrete valley gutters. The roadway will be 30' wide as approved by the City Council. Receipt of Bids The project was advertised for bids on October 11 and 18, 1984, and the following bids were received on October 25, 1984, with 30 working days allotted to complete the project. Bidder Bob Moore, Inc. APAC-Texas, Inc. L. Grimes ~ Co., Inc. Triangle Paving & Excav. Austin Road Company Lowell B. Allison Contr. Amount $56,547.40 58,743.40 59,786.70 Co. 62,211.50 65,585.36 Inc. 66,646.84 DATE REFERENCE suB~ECT.AWARD OF CONTRACT - ASSESSMENT PAGE 11/20/84 NUMBER C-8730 PAVING OF DERIDDER AVENUE FROM 2 2 ~ HARDY STREET TO WEBER STREET ° Project Cost and Financing In accordance with standard City Policy and the low bid unit prices, the proposed assessment against ad3acent properties is $32,584.18, which will be provided for by a bond fund transfer from the Special Assessments Unspecified Account. Cost to the City for construction is approximately $23,963.22, plus $8,482.11 (15X) engineering. Sufficient funds are available in Account No. 21-095101-00 for the City's engineering cost. However, a bond fund transfer is required from the Streets in New Additions Unspecified Account (Fund 21) to supplement the funds in the project account for the City°s construction cost. Recommendations It is recommended that: 1. The following bond fund transfers be approved: From To Amount Reason 94-009905-00 94-036708-00 $32,584.18 To provide funds for the Special DeRidder Avenue property owner's share of Assessments Hardy Street to construction cost. Unspecified Weber Street 21-036901-00 21-036708-00 $20,400.00 To provide additional Streets In New DeRidder Avenue funds for the City's Additions Hardy Street to construction cost. Unspecified Weber Street 2. Adopt an ordinance: A. declaring the necessity for and ordering the improvements, B. making provisions for levyitag 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 $56,547.40 based on their low bid; and E. making appropriations to cover the indebtedness thereby incurred for improvements of the pro~ecC named above; 3. Adopt an ordinance: A. approving the estimates of costs and amounts proposed to be assessed; and B• setting December 18, 1984, as the date for the benefit hearing. DAI:dp SUBMITTED FOR TH CITY MANAGER'S C DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ~, ;" APPROVED ORIGINATING DEPARTMENT HEAO Gdr)7 L Santerre ! OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL IN FOR TjIQ CONTACT ~uell Schmidt EXt. 7805 DATE