HomeMy WebLinkAboutOrdinance 9276ORDINANCE NO.~(O
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF ROGERS 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 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
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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:
ROGERS AVENUE From Harwen Terrace to West Biddison Street, known and
designated as Project No. 30-025-272-00, Unit II.
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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 .
ROGERS AVENUE From Harwen Terrace to West Biddison..Street, known and des-
ignated.as Project No. 30-025-2Z2-00, Unit II, 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 thirty-feet wide. Six-inch thick
concrete driveway approaches will be constructed where
specified.
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 Plana and Specifications therefor
IV
The cost 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 or public
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/lOths) 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 tl~e 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
unite shall he 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 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 ouch respective unit
The entire amount assessed against the particular parcels of. property shell bear
interest from the date of such completion and 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 acid installment matures provided that any owner
shall }gave the right. to pay any and ell 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 aromptl3 Es 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 aeaesamenta 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, se 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 notict of hearing ae provided by law. Said assesamenta against the
respective lots and parcels of property and owners thereof shall be evidenced by
certificates of a special assessment which shell 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
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 FURTI~R, 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 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 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
as 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 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. Fort Worth, or its a~asigna, the entire
amount of the assessment shall be and become immediately due and payable, together
with reasonable attorney's fees and costa 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.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 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 11QSb of the re-
vised Civil Statutes of Texas, as amended, and the bid of BOB MOORE,INC.
having been found to be the lowest and
best bid for the making and construction of. said improvements, the contract there-
fore is hereby awarded to BOB MOOP.E, 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 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 shell 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 a8aesaments, 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 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.
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XIV
This ordinance shall Cake effect and be in full force and effect from and
afCer the date of its passage,
PASSED AND APPRCN ED THIS DAY OF 19
APPRfN ED AS TO FORM AND LEGALITY:
City Attorney
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CITY MANAGER 1
ACCOUNTING 2
'PRI~NBAOyTAT1ON~pUgLIC WORKS-6
HATER A~rh IDA~~TwN .> REFERENCE SUBJECT AWARD OF CONTRACT - ROGERS PAGE
NUMRBER}/~( AVENUE IMPROVEMENTS - HARWEN 3
12l1~8/84 ~-8786 ...A TTTTTPA-. ~ c}
City Council action is requested on Project Nos. 51-025420-00 (Water Main) and
30-025272-00 (5treet), as described belaw:
Unit I (51-025420-00):
Replacement of 6-inch water main in Rogers Avenue from Harwen Terrace to West
Biddison Street.
`~=~ r Unit II (30-025272-00)
Reconstruction of Rogers Avenue from Harwen Terrace to West Biddison Street in
the existing 30' wide roadway and 50' wide right-of--way.
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Origin of Project
On October 27, 1982 (M&C G-5417 Revised), the City Council approved the
allotment of bond funds for the 1982-84 Capital Improvement Program. The
reconstruction of Rogers Avenue from Harwen Terrace to West Biddison Street was
included in this program with an allotment of $100,000.00 for the City's portion
of construction cost. Rogers Avenue is No. 8 of 9 streets listed.
In keeping with the Water Department's program to update water mains when
streets are improved, the replacement of the 6-inch water main was added to the
project.
Improvements
Water main improvements consist of replacing the existing main with a new
six-inch ductile iron pipe complete with copper service lines and appurtenances.
Street improvements will consist of reconstructing the existing pavement with
new six-inch hot-mix asphaltic concrete pavement and replacing all deteriorated
curb and gutter and driveway approaches as well as constructing new curb and
gutter on the one lot where none now exists. Drainage improvements consist of
replacing two five foot and two ten foot inlet tops.
Receipt of Bids
The project was advertiaed for bids on October 25, 1984 and November 1, 1984,
and the following bids were received on November 15, 1984, with 25 working days
allotted for the completion of Unit I and 45 days for Unit II. Paragraph 3,
under "Special Provisions" of the bid proposal specified that separate contracts
shall be .awarded for Unit I and Unit II.
Unit I
Bidder (Water Main)
Hutch, Inc. $29,600.20*
Bob Mnore, Inc. 41,264.43
Austin Road Co. 42,203.95
E.H. Shaw & Sons, Inc. 40,686.20
Wm. J. Schultz, Inc. 37,793.20**
dba-Circle "C" Constr.
APAC, Texas, Inc. No Bid
L. Grimes & Co., Inc. 47,195.20
J.D. Vickers, Inc. 37,976.20
* - Indicates apparent low bid.
k
Mayoa° aaad ~ou,ncil ~om.m~,s,nication
Unit II
(Street
$135,134.20
100,613.15*
111,150.29
No Bid
No Bid
106,366.81
105,358.05
106,173.50
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DATE REFERENCE SUBJECT AWARD OF CONTRACT - ROGERS PAGE
NUMBER AVENUE IMPROVEMENTS - HARWEN 2 3
12/18/84 C-8786 TO BIDDISON -"--of
** - The low bidder on Unit I, Hutch, Inc., is not a prequalified bidder with
the Water Department. Therefore, it is proposed to award the contract for
Unit I to Wm. J. Schultz,~Inc., dba Circle "C" Construction, who is a
prequalified bidder and acceptable to the Water Department.
Project Cost and Financing
Cost to the City for water main improvements is approximately $37,793.20 plus
$3,706.80 for administration and inspection engineering. It is proposed t.o
finance Unit I by a fund transfer from Water Operating Fund 4S (Account No.
60-90-20) .
Rogers Avenue was originally constructed to City Standards in 1948, complete
with concrete curb and gutter and driveway approaches. In accordance with the
current policy for the Installation of Community Facilities, Assessment Paving
Policy, Section VI, Paragraph 2(c), property owners will be assessed 100X of the
Residential Rate for pavement only, or approximately $25,737.93, which will be
provided for by a bond fund transfer from the Special Assessment Unspecified
Account (94-009905-00).
Cost to the City for street construction is approximately $74,875.22, plus
$12,073.58 (12y) engineering. Sufficient funds are available in Account No.
30-095101-00 for the City's engineering cost. However, a bond fund transfer is
required from the Street Reconstruction Unspecified Account for the City's
construction cost for Unit II.
It is recommended that the City Council:
Recommendations
1. authorize a fund transfer in the amount of $41,500.00 from Water Operating
Fund 45 (Account No. 60-90-20) to Fund 53-035420-00 (I.C. 620153), 6-inch
Water Main Replacement - Rogers Avenue;
2. authorize the City Manager to execute a construction contract with Wm. J.
Schultz, Inc., dba-Circle "C" Construction in the amount of $37,793.20 for
Unit I as proposed above.
3. approve the following bond fund transfers:
From To Amount
94-009905-00 94-025272-00 $25,737.93
Special Rogers Avenue
Assessments Harwen to Biddison
Unspecified
30-025801-00 30-025272-00 $74,875.22
Streets Rogers Avenue
Reconstruction Harwen to Biddison
Unspecified
Reason
To provide funds for the
property owner's share of
construction cost.
To provide funds for
the City's share of
construction cost.
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GATE REFERENCE SUt3JEC,T AWARD OF CONTRACT - ROGERS PACE
NUMBER AVENUE IMPROVEMENTS - HARWEN 3
f3
12/18/84 C-8786 o
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e No
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Adopted Ordnanc
di
nance:
4. ado tan or
P
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 Bob Moore, Inc., in the amount of $1p0,613.15
based on their low bid for Unit II;
E. making appropriations to cover the indebtedness thereby incurred ,for
improvements of the project named above;
S. adopt an ordinance: A~Opted Ord~nanee Nom~~~
A. approving the estimates of costs and amounts proposed to be assessed;
and
B. setting January 15, 1985, as the date for the benefit hearing for Unit
II only.
DAI:ds
APPROVED B~
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+City S®czetary of the
City ,2f F.atck ,_,
SUBMITTED FORT ~
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY (~ APPROYED
ORIGINATING
DEPARTMENT HEAD Gary L Santerre ~ OTHER (DESCRIBE)
CITY SECRETARI'
FOR ADDITIONAL INfORMAT,LONelI Schmidt Ext. 7805
CONTACT UQ
DATE
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