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HomeMy WebLinkAboutOrdinance 9258ORDINANCE NO.~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF COOKS LANE 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 APPROPRIATIONS F'OR 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 IIIRECTOR 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 far the improvement of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: COOKS LANE From Brentwood Stair Road to IH-30, known and des- ignated as Project No. 30-023171-00, Unit II. 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 COOKS LANE From Brentwood Stair Road to IH-30, known and designated as Project No. 30-023171-00, Unit TT, a seven-inch thick rein- forced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway 'will consist of two thirty-six feet wide traffic lanes with a twenty-eight feet wide median. Seven-inch thick reinforced concrete turn lanes and six-inch thick concrete driveway approaches will be constructed where required. -~ 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 Plans 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 ar public 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 said improvements after deducting the amounts herein specified to 'be paid by the abutting properties and 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 againet such properties snd the real and true owners there- of and shall constitute a first and prior lien upon much 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 partic~~lat unit, the a»ma assessed againet property abutting upon such completed and accepted unite shall be and become payable in flue (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 asaessmenta 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 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 and payable on the date said installment matures provided that any owner shall ltieve 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;3 Es the same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the assessment Ripon which such default is made shall be and become immedi- ately due and payable; but it is specifically provided that no assesamenta 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 ascerCained 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 assessments againet 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 sumo assessed againet abutting property upon such completed and accepted unit in not more than forty-eight equal regutar monthly installments of not less than $9.00 each, the first of e~sch installments to become due snd 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 end/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 asaeasments 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 fn 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 assessment, the description of the property, and the name of the owners, as far as known, and shall contain such other recitals ae 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 atl prerequisites to the .f.ixing of. the assessment lien against the property described in said certificates and the personal liability of the owners thereaf, 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. Fart 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 casts of collection, if incurred, all 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 i~.r-na 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 assessment for street improvements shall noC in- validate any assessment 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 SRO Asphalt, 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 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 fa 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 asaesamenta, 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 asaesamenta 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 engroa~ and enroll this ordinance by copying the caption of same in the Kinute Book of the City Council and by filing the complete ordinance in the appropriate Ordinance Records of thi• City. ~, d r -~. XIV This ordinance shall take effect and be in full force and effect from and after the date of its passage DAY OF ~ L~~ 19 ~~ PASSED AND APPROVED THIS L~~%t~2~~ , APPRiN ED AS TO FORM AND LEGALITY: City Attorney ,. DATE REFERENCE SUBJECT AWARD OF CONTRACT - COOKS LANE PAGE NUMBER IMPROVEMENTS FROM BRENTWOOD STAI 3 12/4/84 C-8.745 ROAD TO IH-30 1 ~' City Council action is requested on Project No. 30-023171-00, as described below: Roadway R.O.W. Street Limits Width-Feet Width-Feet Cooks Lane Brentwood Stair Z-36' Lanes 120 (Unit II) Road to IH-30 W/28' Median Origin of Project On May 30, 1980 (M&C Cf4548), the City Council approved the 1980-81 CIP and authorized the Public Works Department to begin engineering design for street and storm drainage improvements, including the design of Cooks Lane from John T. White Road to Brentwood Stair. On August 18, 1980 (M&C C-5219), the City Council authorized the City Manager to execute a contract with Rady and Associates, Inc., for design services (City Secretary Contract No. 11246). The cost of the right-of-way required for this project exceeded the original estimates and 'the funds that initially were allocated, and thus reduced the funds available for construction. Consequently, on April 24, 1984 (M&C C-8344), the City Council authorized the reorganization of the project for advertisement and construction in the following order as construction funds permit: 1. Cooks Lane I.H. 30 Interchange (Unit I) 2. Cooks Lane from Brentwood Stair Road to IH-30 Interchange (Unit II) 3. Cooks Lane from I.H. 30 Interchange to John T. White Road (Unit III) Bids were received on priority items one (1) and two (2) above on November 1, 1984. This communication pertains to priority item two (2) only. Improvements This segment of Cooks Lane will be improved with 7" thick reinforced concrete pavement with attached concrete curb and driveway approaches where required. Storm drain improvements consist of two reinforced concrete box culverts and 770 feet of reinforced concrete pipe and appurtenances. In addition, required street lighting will also be installed in a future contract. However, adjacent property owners will be assessed for the street lighting at this time based on the engineer's estimate. Receipt of Bids The project was advertised for bids on September 27 and October 4, 1984, and the following bids were received on November 1, 1984, with 270 working days allotted to complete the project. DATE REFERENCE SUBJECT AWARD OF CONTRACT - COOKS LANE PAGE NUMBER IMPROVEMENTS FROM BRENTWOOD STAIR 2 of3 12/4/84 C-8745 ,,.,, ,~„ t„ ,,,, Bidder Amount SRO Asphalt, Inc. $705,659.14 J. L. Bertram Construction 742,998.89 and Engineering, Inc. Texas Bitulithic Company 795,729..43 L. H. Lacy Company 829,581.91 Olmos Equipment Co., Inc. 836,608.00 M. A. Vinson Construction 843,543.38 Company, Inc. Hutch, Inc. 943,031.70 Engineer's Estimate = $1,072,000.00 Engineer's Estimate for Street Lighting = $ 31,017.00 Project Cost and Financing Based on standard City policy for the improvement of a border street to a development, the low bid unit prices and the engineer's estimate for street lighting, cost to the adjacent property owners by assessment is $222,507.14. Funding for the property owners share of cost will be provided by a bond fund transfer from the Special Assessments Unspecified account. Cost to the City for construction is approximately $483,152.00 including $15,508.50 for street lighting, plus $35,282.96 (Sy) engineering. Sufficient funds are available in the project account (30-023171-00) for the City's street and storm drain construction cost and in the engineering account (30-095101-00) for engineering cost. Funding for the City's street lighting cost will be provided at such time as a contract is let for the actual installation of the street lights. Recommendations It is recommended that• 1. The following bond fund transfer be approved• From To Amount Reason 94-009905-00 94-023171-00 $222,507.14 To provde funds for Special Cooks Lane the property owners Assessments Brentwood Stair share of construction Unspecified Road to IH-30 cost. 2. Adopt an ordinance• A. declaring the necessity for and ordering the improvements; B. making provisions for levying assessments,