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HomeMy WebLinkAboutOrdinance 8988e F .~ r ` . , , ~ _' r ORDINANCE N0._~~ AN ORDINANCE DETERMINING THE NECESSITY FOR~AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF BOWIE STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES TN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO APAC-TEXAS,, INC.. AND FOR THE MAKING AND CONSTRUCTION 4F SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; MAKING APPROPRIATIONa FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED, MAKING PROVISIONS FOR THE LEVXING 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 COUNC'TL 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: BOWIE STREET From Lipscomb Street to Hemphill Street, known and designated as Project No. 029-024306-00. ,~ 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 BOWIE STREET From Lipscomb Street to Hemphill Street, known and design~.ated as Project No. 029-024306-00, a seven- inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with sev- en-nc:h high concrete curb and .eighteen-inch wide concrete gutter on twenty-eight. foot wide roadway. Six-inch thick concrete driveway will be construct- ed where specified as well as four foot wide con- crete sidewalk on both sides of the street with wheelchair ramps at all intersections. r~ 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 ato~rm 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-wit A The property abutting on that portion of the street, avenue ~r public place and the real and true owners thereof shall pay ali of the cost of. curbs and gutters in front of their property and not exceeding nine-tenths (9/lOths) of the estimated coat of the remainder of such improvements B The City of Fort Worth shalt pay all of the remainder of the cost of said improvements after deducting the amouinta 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 egainet 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 improvemee~ts are completed and accepted by the City on a particular unit, the sums assessed egainet 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 remai.nfng unite 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 end payable on the date said inetallmenr matures provided that any owner shall gave 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 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 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 abuts, as ascertained at the hearing pro- vided by the law in force in the City, na~r shall any assessment be made in any case until after notice of hearing as provided) by law Said assessments against the respective lots and parcels of property wind 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 authorised Director of Public Warka, the City of Fort Worth retaining the right to authorized payment of the sumo assessed egainet 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 installmenrs to become due and payable not more than r 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 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 end 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 Bums assessed against such property V. The assessments against the reape~ctive lots and parcels of property and the owners thereof shall be evidenced by certificates of special asaeasment, which shall be executed in khe name of the City by the Mayor of said City and the City Secretary shall attest the same and impreESa 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 asaeasment, 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, end 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 Hof Fort Worth, or its assigns, 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 ee the principal and interest on the assessment, shall be a first and prior lien against the .property, superior to all other lr.rns 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 asaeasment 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 aaseasmen.t for street improvements shall not in- validate any assessment levied The certificates referred to need not contain recitals in exactly the works above provided far, 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 amendedl, and the bid of APAC-TEXAS, INC. _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 APAC-TEXAS, 'INC. _, at and for the prices stated in the Proposal of said company and a• reported and recomm~ended 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 exe-cute the acid 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, theria 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 Acta 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 ssaeasmenta 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 assessments, 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 so state, and it shall not be necessary to give the correct name of this owner, but the real and true owners of the property mentioned shall be liablt a~u1 the asaessmenta 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 Clcrk 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 Acte 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 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, ~/ /,, `1'ri PASSED AND APPROVED THIS U/ DAY OF , 19~ APPROVED AS TO FORM AND LEGALITY: City Attorney Mw' ~Il~.l .,....~ a ~ ; ~ ¢~ ~, CII'T f.vinAUCft ~ ~` City of port V~orth, texas accouNr~rtc z ~~pj/~//, TitANSPORTgTiON'PUBLIC .MIyO1" and ~®u~Ical ~®~rriun~cat~®~ DATE REFERENCE SUBJ , Wa.C o ontract - ssessment PAGE NUMBER Paving atL3 Drainage Improvement - 2 12/6/83 **C-8118 Bowie Street. from Lipscomb to Hemphill iar City Council action is requested on Project No. 029-024_306-00, as described below: Roadway Right-of-Way Street Limits Width-Feet Width-Feet Bowie Street Lipscomb Avenue 28 60 to Hemphill Street Origin of Project On June 21, 1982, the Transportation and Public Works Department received a pav- ing petition signed by the owners of SOX of the. land adjacent to subject street, requesting the street be improved on the assessment basis. On October 12, 1982 (M&C G-5452), the City Council authorized the Director of Transportation and Public Works to design the project with in-house forces and advertise for bids. Improvements This segment of Bowie Street will be improved with 7-inch HMAC pavement, with concrete curb and gutter and driveway approaches. Four-foot wide concrete side- walks will also be constructed on both sides of the street with wheelchair ramps at all intersections. Storm drain facilities will consist of 1, 362 feet of con- crete pipe and appurtenances. `.' Receipt of` Bids The project was advertised for bids on October 20 and 27, 1983, and the follow- ing bide were received on November 10, 1983, with 39 working days allotted to complete the project. Amount Total Bidder Storm D~raina a Street. Imp. Bid APAC-Texas, Inc. $115,22,4.00 $ 89,487:35 $204,711.35 Austin tioa~.Company 122,908.01 100,379.86 223,287.87 L. Gr?i~eb`&eCompany„ Inc. 132,48'7.06 95,671.50 228,158.56 J.D.'iiickers, Inc. 125,805.00 112,142.20 237,947.20 Project Cost and Financing In accordance with Standard City Policy in effect at the time the paving peti- tion was received, cost to the adjacent owners by assessment is approximately $20,142.72. Funding for the property owners' construction cost will be provided for by a bond fun73 transfer from the "Revolving Fund Unspecified." Cost to the City for construction is approximately $184,568.63 of which $69,344.63 is for t d ~~, . ~~ D \iE REFERENCE NUMBER .SUBJEG Award of Contradt - Assessment ~ PAGE 12/6/83 **C-8118 awing and Drainage Improvement - 2_. of ?_ street construction and $115,224.00 for storm drain construction, plus $22,518.25 (11X) engineering. Bond fund transfers are required from the "Assess- went Paving Unspecified Account" (029-024-901-00), to provide for the City's construction cost and 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 , 094-009-905-00 094-024-306-00 $20,142.72 To provide funds for the Revolving Fund Bowie Street property owners share of Unspecified Lipscomb to Hemphill construction cost. 029-024-901-00 029-024-306-00 $184,568.63 To provide funds for the Assessment Paving Bowie Street City's share of construc- Unspecified Lipscomb to tion cost. Hemphill 029-024-901-00 029-095-901-00 $11,200.00 To provide additional Assessment Paving Engineering engineering funds for Unspecified Unspecified Bowie Street. 029-095-901-00 029-024-306-00 $11,200.00 To supplement the engi- Engineering Bowie Street veering funds in the Unspecified Lipscomb to pro3ect account. ,n,. Hemphill h` 2. An ordinance be adopted.: 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 APAC-Texas., ~c., ~p~ RD punt of '' P l1~-[,,,,AA,,DI $204,711.35 based on its low bid; ^ tt E. Making appropriations to cover the indebtedness tif~~eORJt~~tC~~d for improvements of the project named above; and DEC 6 1983 3. An ordinance be adopted: ~~ A. Approving the estimates of cost and amounts / a assessed; and, Cit¢ S~ntacy o~ Ih. B. Setting January 3, 1984, as the date for the 1~~~~te ~~ ' T DISPOSITION Y COUNCiI CITY MAKA(3ER S : ~ PROCESSED BY OiFICE BY: ~ PPROVED ORIGINATING DEPARTMENT MEAD: Gary L. Santerre ^ OTHER (DESCRIBE) CITY SECRETARY FOR AODITIONAI INFOR I CONTACT ~el.l Schmidt E7tt ~ 780 ~~ , NO. DATE