HomeMy WebLinkAboutOrdinance 8740"~ :~.
...
ORDINANCE N0.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF WESTVIEW AVE~NfJE
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO HARROD PAVING COMPANY, INCORPORATED 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 ASSESSIrfENTS 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
I
The hereinafter described Plans and Specifications are hereby approved and
adopted.
II
There exists a public necessity fo"r the improvement of the hereinafter
descrfbed portions of streets, avenues and public places in the City of
Fort Worth, Texas, to-wit:
WESTVIEW AVENUE From West Fifth. Street to 300' North
of Monticello Drive, known and desig-
nated as Project No 029-040-110,
Unit II.
b
%~ ~ _ ,,
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
WESTVIEW AVENUE From West Fifth_ Street to 300' Noxth:of Monti
cello Drive, known and. designated as Project
No. 029-040=110, Unit II, a six-inch thick
hot-mix asphaltic concrete pavement surface
on a six-inch. thick lime stabilized subgrade
with seven-inch high concrete curb and
eighteen-inch wide concrete gutter on a
thirty-feet wide roadway. Six-inch. thick
dr".veway approaches will be. constructed whe;rr~
specif ied .
rr r ~ Z
The 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 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 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 r.he
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 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 on a particular
unit, the sums assessed against 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 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 as to interest on the first installment, which shall
be due and payable on the date said inetallmenr. matures provided that any owner
shall Have the right to pay any and ell of ouch 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 prompt:3 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 became immedi-
ately due and payable; but it is specifically provided that no aeaessmenta 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, ae 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 ae provided by law Said asaeesmenta 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 Bums assessed against abutting property upon such completed and accepted unit
in not more than forty-eight equal regular monthly installments of not less than
$9.00 each, the first of such installments to become due and payable not more than
j ).
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 sumo in leaser 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 FROVIDED 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
m 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 aaaessment, the description of the property,
and the name of the owners, as far as known, and shall contain such other recitals
ae 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 atl 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 asaeeament 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 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 o:.her matter or thing, shall
invalidate any aeaeasment 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 8saesament 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 HARROD PAVING
COMPANY, INCORPORATED 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 HARROD PAVING COMPANY, INCORPORATED
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
F ~. ~ i ~ y
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 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 assesamente, if the name of the owner be unknown, it shall be
sufficient to Bo 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 ancf the asaeaamenta 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 o£ 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 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.
~.
a
XIV
This ordinance shall take effect and be in full force and effect from and
after the date of its gassage,
PASSED AND APPRW ED THIS / DAY OF , 19 ~-~
APPROVED AS TO FORM AND LEGALITY:
City Attorney
1 _.
)hM{'ASfER FIIE.~ ~
CITY MANAGER 1
ACCOUNTfNG 2 ~~~®// ~tN/ U !V ",l/ ~®~L1V~~/~ l/ ~,/®~~ U/1V~~~~I+W g~~~
7RANSPORTATIONtPUBLIC WORK I/11.111V 11/V l/Lli
DATE
2/15/83 REFERENCE,
NUMBER
~;*C-6765 SUBJECT Contract Award Resurfacing
and Reconstruction of Rivercrest Drive
Westview Avenue and Monticello Drive PAGE
iuf 3
- ,- ....
.__._ _ _ __Cit.y. Cou ncil~ction is requested on Project Nos. 030-040-110-00 (Engineering)
»----- --axd--02-9-.0.4.0-].10-00 (construction) , as described below
"~"'~"" -"~"` -"-`-' Roadway R.O.W.
r._.,Y_ _Unit ~ Stre_et Limits Width - Feet Width - Feet
.___~_ ._I__ __ River-crest / West Seventh St. 25.6 to 40 to
--- Drive / to Hazlewood Dr. 30 60
II Westview West Fifth St. 30 to 50 to
Avenue to 300' N. of 36 80
""''~
~."~
•,
~~ Monticello Dr.
III Westview 300' N. of 36 80
Avenue Monticello Dr. to
White Settlement Rd.
IV. Monticello ~ Virginia Place
Drive to Rivercrest Dr.
30
60
Origin of Project
On November 5, 1980 (M&C G-4750), the City Council authorized the Director of
of Transportation and Public Works to proceed with the design of priority local
residential streets of which Rivercrest Drive (West Seventh to Monticello) and
Westview Avenue (West Fifth to Monticello) were included as priority 11 and 7,
respectively.
There is also a need to improve an additional block of Rivercrest Drive from
Monticello to White Settlement Road as well as the segment (2 blocks) of
~~~ Monticell~o~Drive from Virginia Place to Rivercrest Drive. On August 18, 1981
(M&C C-5826), the City Council awarded an engineering contract to the firm of
Yandell and Hiller, Inc., to prepare plans and specifications for this project
to include the additional street segments outlined above.
Improvements
Units I and III: Improvements will consist of resurfacing the entire roadways
with spot base repair and minor replacement of deteriorated curb and gutter.
No assessments are proposed on these units since all curb and gutter and
driveway approaches are existing.
Unit II: Improvements will consist of reconstructing the existing pavement and
base as well as constructing new curb and gutter, plus driveway approaches
where required. Assessments are proposed for curb and gutter and/or gutter only
as well as driveway approaches where none now exist.
€.
s - -R~,
-~~
'r
DATE REFERENCE SUBJECT Contract Award Resurfacing PAGE
NUMBER
2/15/83 **C-6765 and Reconstruction of Rivercrest Drive 2 3
of
WPCYVlP47 Avenue and Monticello Drive
Unit IV Improvements will consist of reconstructing the existing pavement and
base, replacement of deteriorated curb and gutter, driveway approaches and
sidewalks, and intersection improvements at Westview Avenue and R:ivercrest
Drive. No assessments are proposed on this unit since all facilities are
existing.
Receipt of Bids
The project was advertised for bids on January 6 and 13, 1983, and the
following bids were received on January 27, 1983, with 55 working days allotted
to complete the project.
Bidder ,Amount
Harrod Paving Company, Inc. $263,168.00
L. Grimes & Company, Inc. 280,766.85
Stolaruk Corp. 281,118.66
Austin Road Company 295,804.70
SRO~Asphalt, Inc. 297,218.68
APAC-Texas, Inc. 310,571.46
Assessments and Financing
Standard City policy in effect at the time this project was brought to the
attention of the property owners stated that under street reconstruction,
residentially zoned property would not be assessed any portion of the cost
except for non-existing curb and gutter and/or gutter only and driveway
approaches. Units I, III and IV of this project have all existing facilities,
consequently the only assessments proposed are on Westview Avenue, Unit II.
Adjacent property owners will be assessed for curb and gutter and/or gutter
only," plus driveway approaches where none now exist. The assessment rate is
based on one-half the normal rate in that the street being improved is at the
rear of all the properties. Such assessments amount to approximately
$9,403.34. This amount will be provided :for by a bond fund transfer from the
"Revolving Fund Unspecified" account. Cost to the City for Unit II is
$117,380.16, plus $12,678.35 (l0y) engineering. Cost to the City for all Units
is approximately $253,764.66, plus $26,316.80 (10%) engineering. Bond fund
transfers are required from "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
r'
r ~~'
4 ~~.
DATE REFERENCE St16JEC7 +COntraCt AWBrd Resurfacing PAGE
2/15/83 NUMBER
and Reconstruction of Rivercrest Drive
_ 3 or_3__-
~*C-6765
From To Amount Reason
094-009-901-00 094-040-110-00 $9,403.34 To provide funds for
Revolving Fund Reconstruction of the property owner's
Unspecified Rivercrest Dr., share of construction
Westview Ave. and cost.
Monticello Dr.
029-040-121-00 029-040-110-00 $255,000.00 To provide funds for
General Residential Reconstruction of the City's construc-
Streets Rivercrest Dr., tion cost.
Unspecified Westview Ave. and
Monticello Dr.
030-095-901-00 030-040-110-00 $ 14,500.00 To supplement engi-
Engineering Reconstruction of neering funds in the
Unspecified Rivercrest Dr., project account.
Westview Avenue and
Monticello Dr.
2. An ordinance be adopted ADOPTED ORDINANCE NO. D `
A. Declaring the necessity for and ordering the improvements,
B. Making provisions for levying a ssessments,
C. Directing the Transportation and Public Works Department to prepare
estimates of costs and amounts to be assessed,
D. Awarding the contract to Harrod Paving Company, Inc., in the amount of
$263,168 based on its low bid, and
E. Making appropriations to cover the indebtedness thereby incurred for
improvements of the project nam ed above, and
ted: ADOPTED
be ado
di
3
A ORDINANCE NO. ~ ~ ~/
nance
p
n or
.
A. Approving the estimates of costs and amounts proposed to be assessed,
and
B. Setting March 15, 1983, as the date for the benefit hearing for Unit
II, Westview Avenue only.
DAI dg
~ APPROI~ED BY
t CITY COUNCIL
FEB 15 1983
.~~~'~
~.
~ ~cz.c.r, o~ ch.
of Jere Ubsth, r
SUBMITTED FOR THE
J/
CITY MANAGER'S
~
DISPOSITION BY COUNCIL.
PROCESSED BY
~ ~~ ~
~
)
OFFICE BY d'~./a~.^--~`°~ ~ ^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD Gary Santerre CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Odell Schmidt EXt 7805 DATE