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HomeMy WebLinkAboutOrdinance 8715,~~~. ,, ~, T. ORDINANCE NO.~'-~7 /~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF CARNATION AVENUE' AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO L. GRIMES & COMPANY' AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; MAKING APPROPRIATIONa 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 OP 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 Che 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 AVENtJ~Es From 400' East of Sylvania Avenue to Blandin Avenue, known and designated as Project No. 029-02/-~3Q2=,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 CARNATION A_UEN_3E~'>. From 400' East of Sylvania Avenue to Blandin Avenue, known and designated as Project No. 029-024=:_302-OO,~a three-inch thick hot-mix asphaltic concrete pavement surface on a six-inch thick cement stabilized suligrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a twenty-eight foot wide--road- way. Six-inch thick concrete driveway approaches will be constructed where specified. .~ k .w The above, together with concrete curbs, gutters, driveways and incident.ale 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 coat 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 snd tT~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 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 improvemec~ts are completed and accepted by the City on a partic~ilar unit, the sums assessed againet property abutting upon such completed and accepted unite 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 assessments againet 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 ?he entire amount assessed againet 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 property abuts at the rate of eight (8%) percent per annum, payable annually except ae to interest on the first installment, which shall be due and payable on the date said installmenr matures provided that any owner shall Dave the right to pay any and all of ouch tnatallment 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 aaaesament 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 abate, as ascertained et the hearing pro- vided by the law in force in the City, nor shall any aaaesament 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 aaaessment 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 regular monthly installments of not leas than $9 00 each, the first of such 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 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 aesesaments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special aaaeasment, 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 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 aaaeasment, the description of the property, and the name of the owners, as far as known, and shell contain such other recitals ae may be pertinent thereto, and shall further recite aubatantially that all pro- ceedings with reference to the making of each improvements have been regularly had in compliance with law, and that all prerequisites to the fixing of. the asseeement 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 aubatantially 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 rsaigna, the entire amount of the aeaessment shall be and become immediately due and payable, together with reasonable attorney's fees and costs of collection, if incurred, all of which, ae well ea the principal and interest on the asseeement, shall be a first and prior lien against the property, superior to all other ii.r.ns 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 aeaessment 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 aaaeasment 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 L. GRIMES & CO.. 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 L. GRIMES & CO.. 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 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 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 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 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 Port 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 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 Texaa 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 City. ,- ~. 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 ~ 8 ~ DAY OF ~ , , 19~. APPROVED AS TO FORM AND LEGALITY: ~~ City Attorney '~ MASTER FI --• ~• CITY MANq~ER•1! w ~/~~ 6,1/ ®~ Jl ®// Q~ ~® y (./ 6~' ~~L~'l.Yi~Y r~s~a~ra~sT~esECSlvpvroer.~~ . o Ks• DATE REFERENCE SUBJECT Award of Contract - Assessment vAGE NUMBER 1/18/83, ~-**C-6725 Paving of Carnation Avenue >. of 2 _-..~_ .___Cizy_Council action is requested on Project No. 029-024-302-00, as described - - -below Roadway R.O.W. Street Limits Width-Feet Width-Feet Carnation 400' East of 2.8 50 Avenue Sylvania Avenue to Blandin Street Origin of Project 4 ;.~ On December 2, 1981, the Transportation and Public Works Department received a paving petition signed by the owners of 58.8 percent of the land adjacent to the above segment of Carnation Avenue, requesting the street be improved on an assessment basis. On February 16, 1982 (M&C G-5230), the City Council authorized the Director of Transportation and Public Works to design and advertise the project for bids. Improvements This segment of Carnation Avenue will be improved with residential grade hot-mix asphaltic concrete pavement with concrete curb and gutter and driveway approaches where specified. No drainage facilities are required. Receipt of Bids The project was advertised for bids on December 2 and 9, 1982, and the following bids were received on December 23, 1982, with 30 working days allotted to complete the project. `~ Bidder Amount L. Grimes & Co., Inc. $35,039.71 Harrod Paving Co., Inc. 39,182.00 Gibbins Constr. Co. 39,379.00 APAC, Texas, Inc. 44,564.00 - Austin Road Co. 45,439.10 Stolaruk Corp. 46,266.50 Pate Jones Asphalt, Inc. 53,539.20 Project Cost and Financing D ~ Based on standard policy in effect at the time the project was approved, and t ~ the low bid, it is proposed that approximately $19,999.50 be assessed against ~~ adjacent properties. This. will be prov>.ded for, by a bond fund transfer from the "Revolving Fund Unspecified" account. Cost 'to the City for construction is approximately $15,040.21, plus $7,358.34 (21%) engineering. In addition, ~ right-of-way cost to the City is approximately $5,983.00. Bond fund transfers ~1 are required from the "Assessment Paving Unspecified" account for the City's construction cost and to supplement the right-of-way funds in the project DyTE REFERENCE SUBJECT AW8rd Of Contract - Assessment PAGE NUMBER 1/18/83 **C-6725 Paving of Carnation Avenue 2 2 --' ---. of -- -- --- account. A bond fund transfer is also required from the "Engineering Unspecified" account to supplement the engineering funds in the project account. t~ • Recommendations It is recommended that the City Council authorize the City Manager to: 1. Approve the following bond fund transfers From To Amount Reason 094-009-901-00 094-024-302-00 $19,999.50 To provide funds for Revolving Fund Carnation Avenue the property owner's Unspecified 400' E. of Sylvania share of construction to Blandin cost. 029-024-901-00 029-024-302-00 $18,100.00 To provide funds for Assessment Paving Carnation Avenue the City's construction Unspecified 400' E. of Sylvania and R.O.W. cost. to Blandin 029-095-901-00 029-024-302-00 $ 5,000.00 To supplement engineer- Engineering Carnation Avenue ing funds in the pro- Unspecified 400' E. of Sylvania ject account. to Blandin 2 . Adopt an ordinance to : ApOPTEp pRDINAI~CE N0, ~ °~ r ~ A. Declare the necessity for and order the improvements; B. Make provisions for levying assessments; C. Direct the Transportation and Public Works Department to prepare estimates of costs and amounts to be assessed; D. Award the contract to L. Grimes and Company, Inc., in the amount of $35,039.71 based on its low bid, E. Make appropriations to cover the indebtedness thereby incurred for improvements of the project named above, and 3. An ordinance be adopted to: ADOPTED ORDINANCE N0. ~ 7 / ~ A. Approve the estimates of costs and amounts proposed to be assessed, and B. Set February 15, 1983, as the date for the?benefit hearing. APPROVED ~Y DAI: de CITY COUNCIL SUBMITTED FOR TH CITY MANAGER'S OFFICE BY ~ ORIGINATING DEPARTMENT HEAD: p Gary Santerre FOR ADDITIONAL INFORMATION coNTACT 0' Dell Schmidt Ext.. 7 JAN ~~ 3~~~ ~ ecxetary Hof >~ - ------.~.._-- `--- __~ ~~fiP~O DISPOSITION BY COUNCIL PROCESSED BY APPROVED i ~ OTfIER (DESCRIBE) CITY SECRETARY DATE