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HomeMy WebLinkAboutOrdinance 9266 ~, f ~4 ORDINANCE N0. C~`~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION (1F JOHN T. WHITE ROAD (SOUTH LANE) AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO WALT WILLIAMS CONSTRUCTION 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 SY 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. r II There exists a pub described portions Fort Worth, Texas, JOHN T. WHITE ROAD (South Lane) lic necessity for the improvement of the hereinafter of streets, avenues and public .places in the City of to-wit: From Sylvan Drive to Newport Road, known and designated as Project No. 29-024313-00. 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 . JOHN T. WHITE ROAD From. Sylvan Drive to Newport Road, known and designated as Project No. 29-024313-00, a seven-inch thick reinforced (South Lane) concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished :traffic lane will be thirty-six feet wide. Seven-inch thick reinforced concrete median openings with turn lanes and six-inch thick concrete driveway approaches will be constructed where specified. 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 atom 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 for as follows, Co-wi.t• A The property abutting on that portion of the street, avenue nr puhlic place and the real and true owners thereof shall pay all of the cost of. curbs and gutters in front of their property and not exceeding nine-tenths (9/lOtha) 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 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 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 on 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 aaseeaments against the pro- perty abutting upon the remaining units shall be end 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 snd 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 leave 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 proaept:3 Es the same matures, then at the option of the City of Fort Worth or eta 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 ascerCained at the hearing pro- vided by the law in force in the City, nor shell any assessment be made in any case until after notice of hearing ea 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 eta duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorized payeeent of the auana assessed against abutting property upotf 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 9e~ch 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 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 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 aaseasment, 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 aaseasment, 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- 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 assigns, 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, all of which, as well ea the principal and interest on the aesesement, shall be a first and prior lien against the property, superior to all other l.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 aesesement 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 aaseasment 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 ss required by Article 11QSb of the re- vised Civil Statutes of Texas, as amended, and the bid of Walt Wi1l;ams rnrctr,irtinn ~Tn rte, 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 Walt Williams Construction,Inc. at and for the prices stated in the Proposal of said company and es 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 Cfty 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 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 anti the assessments against the property shall be valid XI The Director of Public Works of the City arr Fort Worth, Texas, be sad he is hereby ordered and directed to file with the City Council, estimates of the coat of such improvements in each unit, in accordance with the terms of the powers and provisioas of the Charter of the City of Fort Worth, Texaa. XII The City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice in accordance with tfie 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 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. r W ' 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~~ APPROVED AS TO FORM AND LEGALITY: City Attorney 1 .~ , ~-. ASTER F1pE,1 CITY MANAGER 3 m ACCOUNTlI~G•2 ,,~ 7RANSPORTATIONI Bidder Amount Walt Williams Construction, Inc. $119,851.90 Austin Road Company 128,696.41 Hutch, Inc. 129,306.20 James W. Jackson, Inc. 131,601.50 M. & D. Construction Co., Inc. 136,577.35 Centerline Contractors, Inc. 138,178.00 Architectural Utilities, Inc. 154,997.50 ~7ay~r and ~oun~il ~~~mu,ni~cat~,on UQLfG .WORKS.=d DATE REFERENCE SUBJECT AWARD OF CONTRACT - ASSESSMENT PACE NUMBER PAVING OF JOHN T. WHITE ROAD (SOUTH 2 12/11/84 C-8756 LANE) - SYLVAN DRIVE TO NEWPORT ROAD lof City Council action is requested on Project No. 29-024313-00, as described below: Street Limits John T. White Sylvan Drive Ro ad (South Lane) to Newport Road Roadway Width-Feet 1 2 of Double 36' Roadway W/28' Median R.O.W. Width-Feet 120 Origin of Project In May, 1975, John T. White Road was improved on the assessment basis from Randol Mill Parkway eastward to Sylvan Drive as a double 36' wide roadway and from Sylvan Drive eastward to the east property Line of Lot 19, Block C, Bentley Village Addition as a single 36' wide roadway, being the north lane of a future double 36' wide roadway. The above improvements were initiated by Community Facilities Agreement No. 8052, dated September 5, 1974. The south lane of John T. White Road from Sylvan Drive eastward was to be constructed as development required. Lot 1=R, Block K, Bentley Village Addition is now being developed on the south side of John T. White Road from just west of Sylvan Drive eastward approximately 904 feet to Newport Road. On February 12, 1982, Dalworth Development Company, a Texas Partnership, owners of subject property, signed a paving petition by which they agreed to improve the south lane of John T. White Road on the assessment basis at such time as traffic warrants. The owners are now in the final stages of developing the lot with a rather large apartment complex which will generate sufficient traffic to require the roadway. There is also a drainage problem which can only be corrected by constructing the roadway. Based on the recom- mendation of the Transportation and Public Works Department, the City Council on January 3, 1984 (M&C G-5867), authorized the design and advertisement of the project. Improvements This segment of John T. White Road will be improved with 7-inch reinforced concrete pavement with concrete curb as well as turn lanes and median openings where required to match the existing north lane. Storm drain facilities consist of two curb inlets with tiepin pipe. Receipt of Bids The project was advertised for bids on October 18 and 25, 1984, and the following bids were received on November 8, 1984, with 45 working days allotted to complete the project. r DATE REFERENCE suB~ECTAWARD OF CONTRACT - ASSESSMENT PAV NG PAGE NUMBER OF JOHN T. WHITE ROAD (SOUTH LANE) 2 t 12/11/84 C-8756 SYLVAN DRIVE TO NEWPORT RO of Project Cost and Financing Based on standard City policy in effect at the time the paving petition was signed and the low bid unit prices, cost to the property owner is $68,361.90, which will be provided for by a bond fund transfer from the Special Assessments Unspecified Account No. 94-009905-00. Cost to the City for construction is approximately $51,490.00, plus $14,382.23 (12%) engineering. Sufficient funds are available in Engineering Account 29-095101-00 for the City's engineering cost. However, a bond fund transfer is required from the Assessment Paving Unspecified Account No. 29-024901-00 for the City's construction cost. Recommendations It is recommended that: 1. The following bond fund transfer be approved From To Amount Reason 94-009905-00 94-024313-00 $ 68,361.90 To provide funds for Special John T. White the property owners Assessments Road - Sylvan Drive share of construction Unspecified Newport Road cost. 29-024901-00 29-024313-00 $ 51,490.00 To provide funds for Assessment Paving John T. White the City's portion of Unspecified Road - Sylvan Drive construction cost. to Newport Road 2. Adopt an ordinance: Adopted Ordinance 1•to. ~~ 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 Walt Williams Construction, Inc., in the amount of $119,851.90 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:~J~~ Adopted Ordinance No. ~-=-= A. approving the estimates of costs and amounts proposed to be assessed; and B. setting January 8, 1985, as the date for the benefit hearing. DAI:dr SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY (~ APPROVED ORIGINATING ~ ; OTHER (DESCRIBE) DEPARTMENT HEAD• Gary L. Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt EXt 7805 DATE