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HomeMy WebLinkAboutOrdinance 8621` ~ ~ ORDINANCE N0. ~~ ~ / AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION (1F WHITE OAK LANE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO _ SRO. ASP T.T~ TN(:_ 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 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 of the hereinafter descrfbed portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit• WHITE OAK LANE From Church Hill Road to Isbell Road, known and de- signated as Project No. 029-024299-00. T 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 WHITE OAK LANE From Church Hill Road to Isbell Road, known and de- signated as Project No. 029-024299-Cea five-inch"-may`? hot-mix asphaltic concrete pavement on a six-inch cement stabilized subgrade with seven-inch high con- crete curb and eighteen-inch wide concrete gutter on a twenty-eight foot roadway. Six-inch thick concrete driveways will be constructed where specified. ti 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 Plans and Specifications therefor IV The coat of said improvements as herein defined shall be paid f.or as follows, to-wit A The property abutting on that portion of the street, avenue or 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 (9J10ths) of r.he estimated coat 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 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 units shall be and become payable in five (S) 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 end the asaessmenta against the pro- perty abutting upon the remaining unite shall be snd 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 inatailmenr matures provided that any owner shall ltisve the right to pay any and all of such tnatallment at any time before maturity by paying principal with interest accrued to the date of payment and further provided if defsult be made in the payment of anf installment promptly 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, nar 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 and owners thereof shall be evidenced by certificates of a special sasessment 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 sums 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 ouch installments to become due and 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 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 aeseasments against the respective lots and parcels of property and the 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 assessment, the description of the property, and the name of the owners, as far ae 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 ail prerequisites to the .f.ixing 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 assessment shall be and become immediately due and payable, together with reasonable attornty'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 egainet the property, superior to all other ii.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 aeaesament 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 eaaesament levied. The certificates referred to need not contain recitals in exactly the works above provided for, but the substance thereof shall suffict, and they may contain other and additional recitals pertinent thereto. VI. Bids having been advertised for as required by Article 11ASb of the re- vised Civil Statutes of Texas, ae amended, and the bid of SRO ASPHALT, 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 SRC ASPNAT.T,,,,,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 fn the name of the ~ ) i ~ 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. VZI. 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 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 asaeasmenta against the property shall be valid XI The Director of Public Works of the City di 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 ae Chapter 21 of the Acta of said Seas ion 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 Co engross and enroll this ordinance by copying the caption of same in the Kinute $ook of the City Council and by filing the complete ordinance in the appropriate Ordinance Records of this City. f • . s . XIV This ordinance shall take effect and be in Ball force and effect from and after the date of its passage. PASSED AND APPROVED THIS, APPROVED AS TO FORM AND LEGALITY: DAY OF , 19 City Attorney ,Y ~` T fm~ns~,~~ ~~ ~ ~ of .F' 07't ~D~"'tjt~ ~.1 ~S ~k~~`'MANAO~E$, ~' ~A~~aUNTING L ~a o9"' and council ~ommunicatiou f y IRANSPUR7AT10NrPU8LIG iN.ORKB.~ DATE REFERENCE SusJECT:AWard ~'8~ C'lDntraCt-Assessment PAGE 8/17/82 N*u*MOER Pavie~ of White Oak Lane From C- 6449 Churchill Road to Isbell Road 3 °} -3-- City Council action is requested on Pro3ect No. 029-024-299-00, as described below: - Roadway R.O.W. Street - Limits Width - Feet Width-Feet ._ White Oak :Lane Lane Churchill Road 28 50 _ _ to Isbell Road -Origin of Project On March , 1 1, the Transportation and Public Works Department received a _paving petition signed by the owners of 82.6 percent of the land adjacent to - the above_ segment of White Oak Lane, requesting the street be improved on an assessment basis. All of the adjacent property is zoned residential save one loti, which is zoned °°E" Commercial: however, this lot contains an owner ~., _. ~~ occupied `residence. ~-- -- °°-~- - This segment of White Oak Lane is a border street between the City Hof Fort ~~-_~~~ _ Worth and--River Oaks. The street right-of-way is within the. corportat.e ln,~nits of ____,_ Fort Worth, with the abutting property on the souti~ side being in the City of River Oaks. Staff met with the City Administrator of River Oaks to discuss improving the street on an assessment basis in .~ccordax~ce with Fort Worth Assessment Paving Policy. The City Administrator indicated that River Oaks had no funds available fc~x ~l~is pro3ect ~ however, shoaa~~d tV~e pro~sertyr owners on the River Oaks side of t~~e Wtreet sign the paving, petitio¢~a with the knowledge that they will be assesWed by the City of Fort Worth in accordance with current policy, River Oaks' City Council will by an ordinance ratify such assessments upon the closing of the benefit hearing and levying of assessments by the Fort Worth City Council. Twelve of the thirteen River Oaks property owners signed the petition and are aware of the agreement. On July 28, 1981, the City Council of the City of River Oaks unanimously approved the proposal for paving White Oak Lane and on August 4, 1981 (M&C G-5062), the Fort Worth City Council authorized the Director of Transportation and Public Works to design and advertise the pro3ect for bids. Improvements This segment of White Oak Lane will be improved with residential grade hot-mix asphaltic concrete pavement with concrete curb and gutter and concrete driveway/~~ approaches where specified. No storm drain facilities are requiaced. ~SC;G~, ~ ~~lt PPPR~~EU~C11. 0`c~~~'~~ y~~~~,~i~ ~, G~~~- Co GO~~ ~~'~,~ .F,,,,.. uc ~~ ~~~ fit. ~~ G o~ ~ t ~H s T- r DATE FdEFERENCE ~ ~d®.IE6T: Award d(f Contra(s:(~-A~Sment PAGE ~JUMBER 8/17/82 **C- 644, Pae~ia~~ of White Oak Dane From 2 cr 3 Receipt of Bids The project was advertised for bids on July 8 and 15, 1982, and the following bids were received on July 29, 1982, with 1~ .working days allotted to complete the project. Bidder Amount SRO Asphalt, Inc. $6 , 0.22 Austin Road Company 69,990.98 APAC, Texas, Inc. 72,410.90 Stolaruk Corp. 78,590.33 L. Grimes & Co., Inc. 78,739.75 Project Cost and Financing Based on standard City Policy and the low bid, approximately $33,222.34 is proposed to be assessed against adjacent properties, which will be provided for by a bond fund transfer from the "Revolving Fund Unspecified". Cost to the City for construction is approximately $34,417.88, plus $10,822.44 (162) engineering. Bond fund transfers are required from the "Assessment Paving Unspecified" account for the City' a co+~~struct~.oun c~~t and from the "Engineering Unspecified" account i~o supplemens~ the eug~.raeering f~~Ydls gn the project account. Recommendations It is recommended that: 1. The following bond fund transfers be approved: From To AmoeS~.at I~ca~son 094-009-901-00 094-024°299-00 $33,222.34 ~o~~provide funds for Revolving Fund White Oak Lane the property owner's Unspecified Churchill to Isbell share of construction cost. 029-024-901-00 029-024-299-00 $35,000.00 To provide funds for Assessment Paving White Oak Lane the City's construction Unspecified Churchill to Isbell cost. 029-095-901-00 029-024-299-00 $ 2,500.00 To supplement engineer- Engineering White Oak Lane ing funds in the project project Churchill to Isbell account. Unspecif ~.ed 2. An ordinance be adopted: ~pppTED ~RDI~VA~CE NO A. Declaring the necessity for and ordering the improvements; B. Making provisions for levying assessments; ~~~~~~ o ~ C,~~'~ ~~p~~ C~~~ s~'~Q\~,, ~~• ~~p ~ ~®~ DATE REFERENCE NUMBER SUBJECT.AWard of COntraCt-A sment PAGE 8/17/82 **C- 6449 Paving of White Oak Lane From _ 3 ,,3__ C. Directing the Transportation/Public Works Department to prepare estimates of costs and amounts to be assessed; D. Awarding the contract to SRO Asphalt, Inc., in the amount of $67,640.22, based on their low bid; E. Making appropriations to cover the indebtedness thereby incurred for improvements of the pro3ect named above; and 3. An ordinance be adopted: ~~®P~~~ ~~~~r~a~~~r~ f~Q. ~~ ~ 2-- A. Approving the estimates of costs and amounts proposed to be assessed; and B. Setting September 14, 1982, as the date for the benefit hearing. GG:dr Attachment ~~~~~~~~a ~~~~~ ~~~~A r '~r_.(, if 6 ~I ~ LT i't I. ~ f 67 0 . ~ i~ ~"I ~ il~~ c®~~~1~. P~ ~ G~ a o~ ti ~ o~G ~oxths x e~ ~ C~- °~ C SUBMITTED FOR THE CITY MANAGER'S OISP N BY COUNCIL: PROCESSED BY OFFICE BY: ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) 'DEPARTMENT HEAD: Gary S rre _ CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT O'Dell Schmidt EXt. 7805 DATE