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HomeMy WebLinkAboutOrdinance 9076x ~~ ORDINANCE N0. ~D 7 l~ AN ORDINANCE DETERMINING THE NECESSITY FOR ANA ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF Carten Lane and Greenlee Street AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO LOWELL B. ALLISON~GONTRACTOR INC. AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; MAKING APPROPRIATIONS 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 APPROPRTATE 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: $E 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: CARTEN LANE From Beaty Street to the north property line of Lot 22R, Block 2, Eastern Meadows Addition, known and designated as Project No. 030-036-771-00, Unit I. GREENLEE STREET From Carten Lane to Janice Lane, known and designated as Project No.030-036-771-00, Unit IA. 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 CARTEN LANE From Beaty Street to the North Property Line of Lot 22R, Block 2, Eastern Meadows Addition, known and designated as Project No. 030-036-771-00, Unit I, a five-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a five-inch thick lime stabilized subgrade, so that the finished roadway will be twenty-eight feet wide GREENLEE STREET From Carten Lane to Janice Lane, known and designated as Project No .. 030-36-771-00, Unit IA, a five-inch thick hot- mix asphaltic concrete pavement with seven-inch high con- crete curb and eighteen-inch wide concrete gutter on a five-inch thick lime stabilized subgrade, so that the '~ finished roadway will be twenty-eight feet wide. 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 cost of said improvements as herein defined shalt be paid for as follows, to-wit A The property abutting on that portion of the street, avenue or public place and the real 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 Fart 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 t}ie real and true owners Chereof. 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 and the real and true owners there- of and shall constitute a first and prior lien upon ouch 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 assessed againet property abutting upon such completed and accepted units shall be and become payable in five (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 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 pzoperty 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 payahle on the date said inetallmenr matures provided that any owner shall }lave the right to pay any and all of such 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 promptl3 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 assessments shall in any case be made against any property ar 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 aaaesamenta 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 authorised Director of Public Works, the City of Fort Worth retaining the right to authorized payment of the Gums assessed againet abutting property upon such completed and accepted unit in noC more than forty-eight equal regular monthly installments of not leas than $9 00 each, the first of each 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 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 forme 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 asseBaments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special aaaeasment, 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 inatallmenta, or in evidence of any of the inatallmenta 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 aeseaement, the description of the property, and the name of the owners, as far as known, and shall contain ouch other recitals ae 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 so 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 aeseaement shall be end become immediately due and payable, together with reasonable attorney's fees and coats 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 li.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 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 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, as amended, and the bid of LOWELL B. ALLISON CONTRACTOR, 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 LOWELL B. ALLISON CONTRACTOR, TNC. 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 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 proeeedings taken and had in accordance with and under the terms of the powers end 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 coat 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 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 assessments against the property shall be valid, XI The Director of Public Works of the City or E`ort Worth, Texas, be and he is hereby ordered and directed to file with the Cfty 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 Seeaion 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 ao 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. ~; ,; ._. .. ;, ~ ;,. ~ , ~ ~ ~ ,:, a ~u ~ :: ~r ,~ ~ ~a~ i r i as i ~, 't' i a .. 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. ~ y DAY OF ~ , 19~ APPROVED AS TO FORM AND LEGALITY: %G7~ ity Attorney MAS CLR FfLE I •+ F+. I CI"I Y MANAGER 1 ~ '° ACCOUNTING 2 .1~1~~®~ ~~'a.z~ c~®~,lGD'~cC~~ c~®1~D~~,~??1"~?GcC~_~7G®~, TRANSPORTATION~PUBLIC ,WORKS.A N•AYER AOMI LAW 1 ~~ ISDA?CF~GN ~ REFERENCE SUBJECT Award of Contract - Assessment ~ PAGE NUMBER Paving of Casten Lane and Greenlee 2 4/10/84 ~ **C-8316 Street In Eastern Meadows Addition lof City Council action is requested on Project No. 30-036-771-00, as described below Roadway R.O.W. Unit Street Limits Width - Feet Width - Feet I Carten Lane Beaty Street to 28 50 North P/L Lot 22R, Block 2 Eastern Meadows IA Greenlee Street Carten Lane 28 50 to Janice Lane Urigin of Project On February 2, 1984 (M&C C-8207), the City Council authorized Community Facilities Agreement No. 13602, with Recreation-Home. Realty, Inc., for the development of Lots lOR-21, Block 1 and Lots 22R-28, Eastern Meadows Addition. Included in the agreement is the assessment paving of Casten Lane and Greenlee Street as described above. Improvements Both streets will be improved with residential grade hot-mix asphaltic concrete pavement with concrete curb and gutter. Storm drain improvements consist of one standard concrete valley at the intersection of Greenlee Street and Carten Lane. Receipt of Bids The project was advertised for bids on March 8 and 15, 1984, and the following bids were received on March 22, 1984 Bidder Amount Working Days Lowell B. Allison Contractor, Inc. $65,545.20 50 APAC-Texas, Inc. 66,601.87 30 Austin Road Company 68,299.10 30 Bob Moore, Inc. 77,208.12 60 Stolaruk Corp. 79,157.56 35 L. Grimes & Co. Inc. 81,940.69 40 Project Cost and Financing In accordance with Standard City Policy and the low bid, the proposed assessment against adjacent properties is $58,730.39, of which $32,277.74 is against the developer's property and $26,451.65 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 for the remaining property owners' share ($26,452.65) will be provided for by a bond fund transfer from the Special Assessments Unspecified, 94-009905-00. Cost to the City for street construction is approximately $6,814.81, plus $9,831.78 (15%) engineering. Bond fund transfers are required from the Streets In New Additions Unspecified account and the Engineering Unspecified account to supplement the City's construction and. engineering funds in the project account. DATE REFERENCE SUBJECT Award of Contract - ssessment PAGE NUMBER Paving of Carten Lane and Greenlee 2 2 4/10/84 **C-8316 Street In Eastern Meadows Addition °f Recommendations It is recommended that: 1. The following bond fund transfers be approved: From To Amount Reason 094-009-905-00 094-036-771-00 $26,452.65 Provide for property Revolving Fund Assessment Paving owners share of construction Unspecified of Carten Lane and cost. (Non-Developer) Greenlee Street in Eastern Meadows Addition 030-036-901-00 030-036-771-00 $2,869.81 To supplement the City's Streets In New Assessment Paving construction funds n~"the Additions of Carten Lane and project account. Unspecified Greenlee Street in Eastern Meadows Addition 030-095-901-OU 030-036-771-00 $3,000.00 To supplement the City's Engineering Assessment Paving engineering funds in the Unspecified of Carten Lane and project account. Greenlee Street in Eastern Meadows Addition 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 prepay estimates of costs and amounts to be assessed, D.' Awarding the contract t o Lowell B. Allison Contractor, Inc., in th amount of $65,545.20., based on its low bid, E. Making appropriations t o cover the indebtedness thereby incurred fo improvements of the pro ject named above, and 3. An ordinance be adopted: A. Approving the estimates of costs and amounts proposed to b assessed, and B. Setting May 8, 1984, as t APPR ~/ED BY. the date for th~~e~}~,~ig~~r~ng. VJ~Uj ((~~((~~l1 DAI : da APR ~® 1984 ~+~ ~~~~v 4 --------~. SUBMITTED FOR THE CITY MANAGER'S ~ OFFICE BY lty Secreiaiyy- o..i1e DISPOSIT(~N~x~C~O~U„~1GlL~ ~@~Q VVll// r YY PROCESSED BY .L. t ~ j{ p~( gg ~~bb ORIGINATING I..I OTHER (DESCRIBE) DEPARTMENT HEAD• Gar L. Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION p~Q -ted r inane ~---"'-'-~ CONTACT Odell Schmidt EXt. 7805 DATE