HomeMy WebLinkAboutOrdinance 8765u ~` '~ .-
ORDINANCE NO.~ / G
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF EDERVILLE ROAD & MORRISON DRIVE
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO APAC-Texas Inc 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 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:
I.
The hereinafter described Plans and Specifications are hereby approved and
adopted.
II
There exists a public necessity for the improvement 6f the hereinafter
described portions of streets, avenues and public places in the City of
Fort Worth, Texas, to-wit:
EDERVILLE ROAD From Enoch Drive to Morrison Drive, known and designated
Project No. 021-036577, Unit I.
MORRISON DRIVE From 263 Feet South of Ederville Road to 590 Feet North
of Ederville Road, known and designated as Project No.
021-036577, Unit II.
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III
Each of the above described portions of streets, avenues and public places in the City of Fort Worth,
Texas, shill be improved by raising, grading, and filling same and by constructing thereon the following, to-wit
EDERVILLE ROAD From Enoch Drive to Morrison Drive, known and desig-
nated as Project No. 021-036577, Unit I, a seven-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 forty-four feet wide.
Six-inch thick concrete driveway approaches will be
constructed where specified.
MORRISON DRIVE From 26.3 Feet South of Ederville Road to 590 Feet North
of Ederville Road, known .and designated as Project No.
021-036577, Unit II, a seven-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 forty feet wide. Six.-inch thick concrete driveway
approaches will be constructed where specified.
./
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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 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's contract upon forms 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 aasesament, 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 aasesament 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 ail 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 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 assigns, the entire
amount of the aasesament 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 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 aasesament 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 asaeasment 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 edvertiaed for as required by Article 11QSb of the re-
vised Civil Statutes of Texas, as amended, and the bid of APAC=Texas. Inc. "
having been found to be the lowest and
beet bid for the making and construction of. said improvements., the contract there-
fore is hereby awarded to APA(:-TAx?A_ Tnc.
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
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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, Texae, by said contract, there is hereby appropriated out of available
funds and current revenues of the City, an amount auff.icient 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.
IR.
Each unit above described shall be and constitute a separate and independent
unit of improvement and the asseeamenta 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 anc! the asaesaments against the property
shall be valid
XI
The Director of Public Works of the City rir 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 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.
R:d
X1Y
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_~~~ 1 , 19,.
APPROVED AS TO FORM AND LEGALITY:
~,, City Attorney
.~ R ~ N
MASTER~~fILE•1 ,~„~~+,, "'
pity of J~®~°t W®rth, ~e.~ca~
CITY MANAGER 1
ACCOUNTING•2 J\\/I/ ~/'~J/p //®/11° ,f /1 /1V11 ~/ ~®~1 // ~11~11 ,f1/~ // ~®~~~ n ~~j ~~~~®~
Q'RANSPORTATION~PUBLIC WORKS•~ U ~,,~(~ D ILuL.lty ILtV U 1{it(~ !L([i 1L1L (L
DATE REFERENCE SUBJECT Award of Contract - Assessment PAGE
NUMBER
3/22/83 *'~C-6816 Paving of^Ederville Road and lot 2
~_ J~~ ~ Ci_ty_ Cou~il action is requested on Project No . 021-036-577-00, as described
_ ___.-~below.:__.__..._.
,,.___.~__ _._.__.__ ____.__., Roadway
"`_ _ --Unit Street Limits Width - Feet
_ I. Ederville Enoch Drive 40-48
Road to Morrison Drive
II. Morrison 263' So. of 40'to
~~ Drive Ederville Road 26 @
~~ to 590' No. of I-30
_ Ederville Road
R.O.W.
Width - Feet
68
60 to
120@
I-30
Origin of Project
On May 27, 1980 (M&C C-5112), the City Council approved Community Facilities
Agreement No. 11122 with Courtney Oaks Apartment Company, a Texas limited
Partnership, for the development of Courtney Oaks Addition, Phase I. Included
in the agreement was the assessment paving of segments of Ederville Road and
Morrison Drive to provide access to the development from the west and north.
On June 24, 1980 (M&C G-4599), the City Council allocated funds for the design
of the above streets by the developer's engineer, Farrington and Associates,
Inc.
Improvements
Both streets will be improved with collector grade, hot-mix asphaltic concrete
pavement with concrete curb and gutter and concrete driveway approaches where
'y' ~ specified. Storm drain improvements will consist of 968 feet of reinforced
concrete pipe and appurtenances.
Receipt of Bids _
This project was advertised for bids on February 10 and 17, 1983, and the
following bids were received on March 3, 1983, with 75 working days allotted to
complete the project.
Bidder Amount
APAC-Texas, Inc. $279,/+62.40
Austin Road Company 304,716.65
Stolaruk Corp. 318,628.75
SRO Asphalt, Inc. 325,520.41
Project Cost and Financing
In accordance with Standard City Policy in effect at the time this project was
approved and the low bid, cost (assessments) to adjacent property owners is
approximately $27,741.28. Funding for the property owners cost will be provided
for by a bond fund transfer from the "Revolving Fund Unspecified" account. Cost
to the City for construction is approximately $251,721.12, plus $19,562.36 (7%)
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DATE REFERENCE SUBJECT Award ~of Contract - Assessment PAGE
3/22/83 NUMBER
**
Paving of Ederville Road and
2 2
r
C-6816
Morrison Drive _-_o
_.__.__
engineering. It should be noted that $103.,991.25 of the City's construction
cost is for storm drains. Bond fund transfers are required from Account No.
021-036901-00", Streets In New Additions Unspecified", for the City's
construction cost and from Account No. 021-095901-00, "Engineering
Unspecified", 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
094-009-901-00 094-036-577-00 $ 27,741.28 To provide funds for
Revolving Fund Revolving Fund the property owners'
Unspecified Ederville Road and share of construction
Morrison Drive cost.
021-036-901-00 021-036-577-00 $260,000.00 To provide funds for
Streets in New Assessment Paving the City's construc-
Addn. Unspecified Ederville Road and tion cost.
Morrison Drive
021-095-901-00 021-036-577-00 $ 18,000.00 To supplement the
Engineering Assessment Paving engineering funds in
Unspecified Ederville Road and the project account.
Morrison Drive
2. Adopt an ordinance to ADOPTED ORDINANCE NO.~~ 4~ J
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 APAC-Texas, Inc., in the amount of $279,462.40
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 ApppTED ORDINANCE N0. ~ ~ b b
A. Approve the estimates of costs and amounts proposed to be assessed,
and ,,
B. Set April 19, 1983, as the date for thelbenef p~i ~Y
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MIIAR i983
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SUBMITTED FOR THE
GER'S
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DISPOSITION B ~ ~'~'L. ~~ ~ _, v~ ~'
PROCFsSSED BY
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BY ~
ORIGINATING
DEPARTMENT HEAD Gary Santerre _
Ci O R_(DS~~6BE)~ ~•Q';:pq
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CITY SECRET
ARY
FOR ADDITIONAL INFORM T1O~l
CONTACT ~de11 Schmidt EXt 78
DATE