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HomeMy WebLinkAboutOrdinance 8720ORDINANCE NOe AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF NORMA STREET AND nU~N STRRF.T AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO AUSTIN ROAD COMPANY AND FOR THE MAKING AND CONSTRUCTION OF SiJCH 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 1.105b 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: 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: NORMA STREET From Tierney Road to Emily Drive, known and designated as Project 029-040112, Unit I. QUEEN STREET From Meadowbrook Drive to Barnett Street, known and designated as Project No. 029-040112, Unit II. 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 NORMA STREET From Tierney Road to Emily Drive, known and designated as t Project No. 029-04011.2, Unit I. A three-inch thick hot-mix r asphaltic concrete pavement on six-inch thick cement treated gravel base, with seven-inch high concrete curb with eight teen-inch wide concrete gutter, so that the finished roadway will be thirty feet wide. Six-inch thick concrete driveway approaches will be constructed where specified. QUEEN STREET From Meadowbrook Drive to Barnett Street, known and designated as Project No. 029-040112, Unit II. A three-inch thick hot-mix ' asphaltic concrete pavement on a six-inch thick cement treated gravel base:, with seven-inch high concrete curb with eighteen- inch wide concrete gutter, 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 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 sa herein defined shall be paid. f.or as follows, to-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 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 Fort Worth shall pay all of the remainder of the cost of said improvements after deducting tha 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 assessments against 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 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 property abuts at the rate of eight (8%) percent per annum, payable annually except ea to interest on the first installment, which shall be due and payable on the date said inatallmenr matures provided that any owner shall have the right to pay any and all of such installment at any time before maturity by paying principal with interest accrueu 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 .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, as ascertained at the hearing pro- vided by the law in force in the City, nor shall any assessment be made in any case unt11 after notice of hearing ae 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 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 inatatlmenta of not leas than $9.00 each, the first of. arch installments to become due and payable not more than w R, x 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 ha8 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 aeseasments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special saaeasment, 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 saaeasment, 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 ae the same matures, then, at the option of the City of. Fort Worth, or its rseigns, 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 as the principal and interest on the saaeasment, shall be a first and prior lien against the property, superior to all other i.r.na 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 saaeasment 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 esaesament 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- wised Civil Statutes of Texas, ae amended, and the bid of AUSTIN ROAD GoMPANY 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 AUSTIN ROAD 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 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 end under the terms of the powers and provisions of Chapter 106 of the Acta of the First Called Seasfon 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 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 asaesaments, 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 ancf the asaesaments against the property shall be valid XI The Director of Public Works of the City di ~`ort 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. . .. ~:. 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 Attorne t-t ~-'~~ --- ~~. ~.,...., ~ MASHER FILE 1 "' CITY MANAGER•1 ~, ,/~~f~/ ~ // /~ ~/ mm (~ ~ J/ ,~1 (~ rn n ,J1~/J /~ ACCOUNTINa•2 J\\/II '~W LL.J/ ® U 'LW D 1~~ ~J® WL~II./~~ ~/®~~ ll~W~~II/'LW~ (L®~ • TRANSPORTATIONjPUBLtC WORKS•4 DATE REFERENCE SUBJECT Award of Contract - PACE NUMBER Reconstruction of Norma Street 3 r__. 1/25/83 __C-6733-Revised and Queen Street lof "' -" ~-City- Counci3 action is requested on Project No. 029-040-112-00, as described .~ __ - --- ~~ Roadway R.O.W. -~ Unit Street Limits Width-Feet Width-Feet I Norma Street Tierney Road 30 50 to Emily Drive • ~~6~``" ~~~ ~~~ II Queen Street Meadowbrook Drive 30 50 to Barnett Street Origin of Project On November 5, 1980 (M&C G-4750), the City Council approved the 1980-81 Local Residential Street Reconstruction Program. Included in the program is the improvement of Norma Street from Tierney Road to Emily Drive and Queen Street from Meadowbrook Drive to Speer Street, these are Priority Nos. 13 and 14 of the streets listed. Prior to the receipt of bids and in preparation of the assessments, a field inspection of Queen Street revealed that the reconstruction to Speer Street would leave two lots without curb and gutter and four lots without permanent pavement. In addition, a drainage problem also exists between Speer Street and Barnett Street. Consequently, the staff prepared an addendum to the bid proposal to add the one block to the Queen Street project and thereby provide continuous curb and gutter and new pavement from Meadowbrook Drive to Barnett Street as well as correcting the drainage problem. Improvements Both streets will be improved by reconstruction of the existing pavement and replacement of the existing curb with new curb and gutter. New concrete curb and gutter and driveway approaches will also be constructed where none now exist. Storm drainage improvements consist of 265 feet of storm drain pipe and appurtenances. Receipt of Bids The project was advertised for bids on October 28 and November 4, 1982, and the following bids were received on November 18, 1982, with 70 working days allotted to complete the project. • ~^ • DATE REFERENCE SUBJECT Award of Contract - PACE NUMBER Reconstruction of Norma Street 2 3 1/25/83 C-6733-Revised and Oueen Street of Bidder Amount L~ • Austin Road Company $218,846.72 APAC Texas, Inc. 233,331.70 Stolaruk Corporation 235,300.40 SRO Asphalt, Inc. 241,695.95 Harrod Paving Company, Inc. 244,408.25 Ed A. Wilson, Inc. 253,931.90 L. Grimes & Company, Inc. 262,375.85 Assessments and Financing Standard City policy in effect at the time this project was brought to the attention of the property owners states that under street reconstruction, resi- dentially zoned property will not be assessed any portion of the cost except for non-existing curb and gutter and/or gutter only and driveway approaches. Conse- quently, property owners adjacent to Norma and Queen Streets will be assessed for curb and gutter and/or gutter only and driveway approaches where none now exist. Such assessments amount to approximately $30,172.32. This amount will be provided for by a bond fund transfer from the "Revolving Fund Unspecified" account. Cost to the City for construction is approximately $188,674.40, of which $23,825.90 is for storm drain improvements, plus $21,884.67 (10%) engineering. Bond fund transfers are required from the "General Residential Streets Unspecified" account for the City's construction 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 Reason 094-009°901°00 Revolving Fund Unspecified 094-040-112-00 Reconstruction of Norma Street and Queen Street $30,172.32 To provide funds for the property owner's share of construc- tion cost. 029-040-121-00 General Residential Streets Unspecified 029-040-112-00 Reconstruction of Norma St. & Queen St. $189,000.00 To provide funds for the City's construc- tion cost. 029-095-901-00 029-040-112-00 $11,500.00 To supplement engi- Engineering Reconstruction of neering funds in the Unspecified Norma St. & Queen St. project account. • .~' • • • • • DATE REFERENCE SUBJECT Award of Contract - PAGE 1/25/83 NUMBER C-6733<Revised Reconstruction of Norma Street _ 3 ,f_ 3 _ 2 A ted!~QOPTED ®RDINANCE Na ~ ~' Z ~ rdin n be ado . n . p o a ce 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 Austin Road Company, in the amount of $218,846.72 based on its low bid, E. Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above; and 3. An ordinance be adopted~,ppPTED ORDINANCE N0. ~7 ~ ~ A. Approving the estimates of costs and amounts proposed to be assessed, and B. Setting February 22, 1983 as the date for the benefit hearing. DAlejm Attachment i ~~ .J.A,~~- ~~ i9~ _~.°~ ~xat~€t~x~~:~ gocc ~o=~. t~awA c ~oE SUBMITTED FOR THE CITY MANAGER'S ~' DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACt Odell Schmidt Ext. 7805 DATE