Loading...
HomeMy WebLinkAboutOrdinance 9171 a ORDINANCE N0. ~ ~ / /= ~s ;W .. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF CARNATION STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO TRIAN:6ZE PAVING & EXCAVATING COMPANY 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 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. 6~THHEREAS, 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: CARNATION STREET From Blandin Street - East to Cul-De-Sac, known and .designated as Project No. 030-024308-00, Unit I. HONEYSUCKLE COURT From Honeysuckle Street - North to Cul-De=Sac, known and designated as Project No. 030-024308-00, Unit II. HALE STREET From North-East Twenty-eight Street to Salisbury Avenue, known and designated as Project 030-024308-00, Unit III. 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: CARNATION STREET From Blandin Street.- East to Cul-De-Sac, known and designated as Project No. 030-024308-00, Unit I, 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-four feet wide and ending .at an eighty-feet cul-de-sac. Six-inch thick concrete driveway approaches will be constructed where required HONEYSUCKLE COURT From Honeysuckle Street - North to Cut-De-Sac, known and des- ignated as .Project No. 030-024308-00, Unit II, a three-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 road- way will be fifteen feet wide and ending at a fifty-five feet wide cul~de-sae. One fix-inch thick concrete driveway approach will be constructed at the north side of the cul-de-sac. HALE STREET From North-East Twenty=Eighth Street to Salisbury Avenue, known and designated as Project No. 030-024308-00, Unit III, 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, so that the finished roadway will be thirty-six feet wide Six-inch thick concrete driveway approaches will be constructed where required. ~:, ti T}~e above, together with concrete curbs, gutters, driveways and incidental.e 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 follows, to-wit ' A The property abutting on that portion of the street, avenue or puhlic 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 cost 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 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 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 an a partic~~lar unit, the sums assessed agsinat property abutting upon such completed and accepted units shall be and became 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 whir..h the particular property abuts at the rate of eight (81) percent per annum, payable annually except as to interest on the first installment, which shall be due and payable on t}~e date said inatallmenr matures provided that any owner shall }lave the right to pay any and all of such tnetallment at any time before maturity by paying principal with interest accrueu to the date of payment and further provided if defsult 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 aaaeasment Ripon which each default is made shall be and become im®edi- 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 assessment be made in any case until after notice of hearing as provided by law Said aaseeamenta against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of a special aaseasment 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 snd payable not more than it .. ~ ' ,a. N• 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 assessments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special assessment, 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 assessment, the description of the property, and the name of the owners, as far ae known, and shall contain such other recitals ae may be pertinent thereto, and ahail .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 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 resigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorney's fees and costs of collection, if incurred, ell 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 iirna 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 o:.her 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 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 TRIANGLE PAVING & EXCAVATING 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 TRIANGLE PAVING & EXCAVATTNG 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 ~. ~ !~ ,. 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 hed 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. IR. Each unit above described shall be and constitute a separate and independent unit of improvement end 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 fira- 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 anal the asseaamenta against the property shall be valid XI The Director of Public Works of the City of 1~'ort Worth, Texas, be and he is hereby ordered and directed to file with the City Council, estimates of the coat of ouch 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 prepart, 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 Acte 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 Citp. •. ~ ~ ii ~~~~ ~t , ~~ I.. 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 f ~ DAY OF ~ , 19~~ APPRfNED AS TO FORM AND LEGALITY: ~, J,~.ty Attorney c~2~y ®~~'~DT°~ ~~~~/ ~u"x:171-y ~~`' ~6~ ~,TCR Pii~E:I' + ' , , CITY MANkGER 1' ~~ lLJ/ ® U ~{..~i/ 0 U/~ ~®~'lV ~~ (li~ ~~ U /1 lL 11 U l4~ (LIIV~ (LlL/'LAY ~ U/® U l1i AGCOUNTWC+ ef~ DATE REFERENCE ~ SU6JECT Award of Contract - Carnation ~ PAGE TkANSPOEiTATi )N C ~ RKS'•H NUMBER I ~~~~4/~4 **C-8538 ` Street, Honeysuckle Court andi iof 3 City Council action is requested on Project No. 30-024308-00, as described below: Roadway R.O.W. •-- Unit Street Limits Width-Feet Width Feet I Carnation Blandin St. 24 47 to 50 Street East to Cul-de-Sac II Honeysuckle Honeysuckle St. 15 19 Court North to Cul-de-Sac III Hale N.E. 28th Street 36 50 Street to Salisbury Ave. Ors of Project On March 27, 1981, the property owners on this segment of Carnation Street requested a paving petition to improve their street on the assessment basis to provide better access and to correct a drainage problem at the east end. The petitioners were unable to obtain sufficient signatures to provide a valid paving petition due to the owner of 7 lots, who does not live on the street, not signing the petition. At the recommendation of the staff, the City Council on February 8, 1983 (M&C G-5533), declared the necessity for and ordered the improvements in order to correct the drainage problem. The original estimate for the storm drain system in Carnation Street was $131,400.00 (M&C G-5533). After an in-depth study, it was determined that Carnation Street could be best drained by a short undergound system which outflows into the existing right-of-way of Honeysuckle Court. However, Honeysuckle Court had to be reconstructed to carry the surface water. The cost for the reconstruction and the much shorter drainage system is $39,170.85 as opposed to the original estimate of $131,400.00. Hale Street was added to the project as a result of a paving petition, signed by the owners of 50% of the adjacent land and requesting the street be improved on the assessment basis. The petition was received in the Transportation and Public Works Department on August 24, 1982. Improvements Carnation Street and Honeysuckle Court will be improved with residential grade hot-mix asphaltic concrete pavement with continuous concrete curb and gutter and concrete driveway approaches where required. The storm drain system in Carnation Street consists of 2-50 feet of concrete pipe and appurtenances. A DATE REFERENCE SUBJECT Award of Contract - Carnation PAGE NUMBER Street, Honeysuckle Court and 2 3 8/14 84 **C-8538 Hale Street °t .a---~ Hale Street will be improved with collector grade hot-mix asphaltic pavement, concrete curb and gutter and driveway approaches. No drainage facilities are required. Receipt of Bids The project was advertised -for bids on June 28 and July 5, 1984, and the following bids were received on July 19, 1984, with 40 working days allotted to complete the project. Bidder Amount Triangle Paving & Excav. Co. $153,581.05 L. Grimes & Co., Inc. 163,324.80 Bob Moore, Inc. 177,695.05 APAC-Texas, Inc. 180,132.40 Austin Road Company 189,126.60 Project Cost and Financing In accordance with Standard City Policy in effect at the time the paving petitions were received, the proposed assessment against adjacent properties is $33,657.98, which will be provided for by a bond fund transfer from the Special Assessment Unspecified Account, 94-009905-00. Cost to the City for Construction is approximately $119,923.07, plus $29,180.40 (19Y) engineering and $5,061.00 for right-of-way on Carnation Street. Bond fund transfers are required from the Assessment Paving Unspecified Account for the Ci.ty's construction and right-of-way 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 94-024308-00 $33,657.98 Revolving Fund Carnation Street Unspecified- and Hale Street 30-024901-00 30-024308-00 $124,984.07 Assessment Carnation Street Paving and Hale Street Unspecified ' gPPROVED BY CITY COUNCIL AUG 14 1984 ~~ ~~~~~ .. .--__~ City Secretory of the Citp of Fort Wprttts ~~ Reason To provide funds for the property owners share of construction cost. To provide funds for the City's share of construction and right-of-way cost. a :_~:, ~ ~-~- -- ~, s DATE REFERENCE SUBJECT Award of Contract -Carnation PAGE 8/14/84 NUMBER **C-8538 Street, Honeysuckle Court and 3 of3 30-095901-00 30-024308-00 $ 8,735.00 To supplement the eng- Engineering Carnation S~reet ineering funds in the Unspecified and Hale Street project account. 2. Adopt an ordinance: ~~ /,; ~~ A. declaring the necessity for and ordering the improvement s 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 Triangle Paving & Excavating Company in the amount of $153,581.05 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, an d B. (setting September 11, 1984, as the date for the benefit hearing. DAI : dj APPROVED BY CITY C~UNCiL U G 14 1984 A //~~ ,' / City Seczetozy of the City of Fort yy~tt~ j~g~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: ' 17 APPROVED ORIGINATING Y DEPARTMENT HEAD: Gar Lo Santerre I.. OTHER (DESCRIBE) Adapted Ordinance Np ~ ~ ITY SECRET. FOR ADDITIONAL 1NFORMAe1fJtN SChmldt EXt. 7805 Uv~a 1111 ,, p CONTACT ,, ~ vC'Y a , JW a ' / e