Loading...
HomeMy WebLinkAboutOrdinance 8528`~ ~ ~. ORDINANCE N0. ZS ~- AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF CHENAULT AVENUE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO GTRRTNS ('ONSTR ('(1 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 of the hereinafter descrfbed portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: CHENAULT AVENUE- From Sylvania Avenue to Paradise Street, ""`" known and desiginated as Project No. 029-040101. 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 CHENAULT AVENUE From Sylvania Avenue to Paradise Street, known and designated as Project No. 029-040101, a six-inch thick hot-mix asphaltic concrete pavement on a si~- inch thick cement stabilized subgrade with seven-inch high concrete curb and eighteen=inch wide concrete gutter on a thirty-six foot roadway. Six-inch thick concrete driveways will be constructed where specified. The above, together with concrete curbs, gutters, driveways and incident.al.s to such improvements, on proper grade and line where same are not already eo 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 for as follows, to-wi.t 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 (9/lOtha) of zhe 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 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 ownexs 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 an a particular unit, the sums aeaeased against property abutting upon each completed and accepted unite 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 and the assessments against the pro- perty abutting upon the remaining 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 aeaeased 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, psgable annually except as to interest on the first installment, which shall be due and payable on tl-e date said inetallmenr matures provided that any owner shall leave 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 1n 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 ,ipon 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 aecert'ained 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 assessments against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of a special aaeesament which shall be executed in the name of. the City of Fort Worth, PROVIDED, however, that acting through its duly authorised 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 ~, r 30 days after the completion and acceptance by the City of the particular unit, PROVIDED FURTHER, that the City ACtorney 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 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'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 owners thereof shall be evidenced by certificates of special assessment, 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 Chereto 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 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 all 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 attorney's fees and costa 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 l:.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 other matter or thing, shall invalidate any assessment 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 asaeasment for street improvements shall not in- validate any aaaesament 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- vised Civil Statutes of Texas, as amended, and the bid of GTR6TNS (:ONSTR. CO. 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 GIB~I~jS rnN.STR _ ('fl _ at and for the prices stated in the Proposal of said company and ae reported and recommended by the Public Works Department, which said report and recommendation is on file with the City, the City Manager, snd the City Secretary are hereby directed to execute the said contract in the name of the ~ f '°. 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 6tate 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 asaesamente, 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 necesssry to give the correct name of the owner, but the real and true owners of the property mentioned shall be liable and the assessments against the property shall be valid XI The Director of Public Works of the City or Tc'ort Worth., Texas, be and he is hereby ordered and directed to file with the City Council, estisiates 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 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. } o. ~ ~ ~. :~ :.. 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 ~-3~ DAY OF ~~ , 19~. APPROVED AS TO FORM AND LEGALITY: ~ e ~ ~N • lid,/ City Attorney ~ 1~ ..,..... 9 e.- : TER FIL~.Y J\\/l/ 'l+W~ n®~ 'ViV~LLitV ~®LLJW~~J~W ~®~~ lL/tV~~K/`LWLLI~®~ CITY MANAGER 1 V'll lLJ/ 'ACCOUNTING-2 eOff // DATE REFERENCE SUBJECT Awa~'d Of Contract - Re~i'DOnstri~YCtiO PAGE NUMBER TRANSPARTATIO PU26rl~3w~~s-& *~C-6153 ~f Chenault Avenue from Sylvania Avenue To Paradise Street >. of --3- Cit3~ CQUncil actin is requested on Protect Noo 029-040-101-00, as described below: Roadway RaO.W. Street Zaimits 4Jictth-Feet Width-Feet -- Chenault B.venue Sylvania Avenue East 36 60 -- °~ to Paradise Street __ Origin of Project - ®n°May 20; 1980 (M&C G-4548, the City Council allotted the $47,813,000 Capital Y "°Im~i>r~'vem~'~t Program approved by the voters mn April 5, 1980, into specific __ _ categories. One of the categories~pro~~ed $1,700,000 to be used specifically ._ ,~ _.for...the iYaprovement of residential st.teet.s in the "Inner City." On November -- 5, 1980 CM&C G-4750}, four Inner City streets were selected for reconstruction, including~Chenault ~~renue, at an estimated construction cost of $78,0000 Impro~tements _. This segment of Chenault Avenue has an existing gravel base with penetration surface, paved by the County in 1976, 'with no curb and gutter and is pently in poor condition. ~pt°ovements will consist of the construction of new residential type pavement with concrete curb and gutter and driveway appraoches. Sidewalk will also be constructed on both sides of the street since it leads to a bus route and the new Riverside Community Center at Chenault and Sylvania. No storm facilities are required with the exception of subdrain pipeo ;,u r;~~ Receipt of Bids The project was advertised for bids on January 14 and 2Y, 1982, and the following bids were received on February 4, 1982, with 22 working days allotted to complete the pro;j ect . Bidder. Gibbons Construction Coo Lo Grimes and Company, Inc. Bob Moore & Bob Moore, Inc. Austin Road :Company APAC-Texas, Inc. Ed Ao i~ilson, `Inc, Metroplex Paving Co., Inco Joseph Chie Contractor, Inc. James ~Io Jackson,Inc. AYternative "A" Alternative "B'r $45,963040 47,131000 47,434065 48,961.45 50,465.25 52,242.97 54,671020 69,805050 No Bid $59,142,72 69,889.50 61,181.25 68,638079 b5,599.89 62,110.52 60,627.65 No Bid 51,698.25 Indie.ates how Bid ,wl~1.." te~~~i ~ ~-~~ a DATE REFERENCE SUBJECT Awar~ of ~:ontr~~nt °°' R~~~n~~rla~ti~ PAGE NUMBER of Chenaaalt Avenue from Sylvania A~renue 2 3 2/23/82 ~~C-6153 to Paradise Street _--___or As a result of bidder ins~eresie and to evaluate the cost of hot-a~ix asphaltic concrete pavement with cmncrete e~arb and gutter versus ~rrzza:rete pavement with attached curb, the project was bid with Alteraaative rrA'r and Alternative "B", respectivelyo 'Tlie 1®w c®ncrrete bid represents a 1204 percent premium over the low HN1AC hsdo Considering Chenault Avenue is a residential type street in the Riverside Seetar and that the segment east of Para.ctise Street to ~iudleins Street was imprcvved with HMAC pavement in 1970, and is still in very good condition, the Department of `Transportation/Public Corks recommends that the low Alte~enative rrArr (HP~AC pavement) he awarded and thereby providing a continuous lilts pavement street a~.d the savings used toward providing additional needed street improvementsa Pro ect Cost and Financing used on the low hid and Standard City Policy, appro~eiariately $13,263e68 is propmsed to he assessed against adjacent properties which will be provided for by a bond fund transfer from the Revolving Fund Unspeeifiedo Cyst to the City f®r construction is approximately $32,699072, plus $10.,111095 X22%) for e~b3~eeringo Eond fund transfers are rezluired from the ~naaer City Residential Streets Unspecifi®d Aeeo~ant for the City°s eonstruetion cost and .from the Engineering Unspecified Account to supplement the enginee;~ing funds in the prod set acco~nnt e , Recommendation ~It is recommended that: 1) `The following bond fund transfers he approved From `To Amount 094-009-901-00 094-040-101-00 $13,263e68 Revolving Fund Ctaenauit Avenrae Unspecified 029-040-122-00 029-040-101-00 $33,000x00 Inner City Chenault Avenue iResidential Sylvania to Streets far-t~d~,se Unspecified '029-095-901-00 029-040-101-00 $ 3,400000 Engineering Chenault Unspecified A~,°enue Sylvania to Paradise Reason 'I'o pr~svide Bands for the property ownersr share of construction costa To pra~vide funds for the City°s construction costa I'o sa~pplement engineering fasnds in the pray eet account, DATE REFERENCE SUBJECT Awrard °~t COntr~ct - ltecoristructio PAGE 2J23182 NUMBER **C-6153 of Chenault Avenue from 5ylvani~ Avenue 3 3 °f to Paradise Street ~3 R~ti~vA~cE No. ~ ~~~ d • ~~~F ~~~ o b d 2) An e a opte ordinance A. Declaring the necessity for and ordering the improvemr~nts; B. Making provisions for levying assessments; Co Directing the Transportation~Fublic forks Department to prepare estimates of costs and amounts to be assessed; D. A~rarding the contract to Gibbons Construction Company, in the ` on their lover bid for Alternative "A"; and, amount of $45,963.40 based E. Making appropriations to cover the indebtedness thereby incrsrred for imp~.o~ements of the project named above; and, ~~~~ 2) An ordinance be adopted: Efl ORDINANCE N0. aooPT A. Approving the estimates of costs and amounts proposed to be assessed; and, B. Setting March 16, 1982, as the date for the benefit hearing. GG: j c Attachment ~~ ~~~~ FHB 2'3 1~$2 ~ ~~ C~ ecxetary of the ~~ SUBMITTED FOR THE CITY MANAGER'S ~ r~ ~~ av ' ~ ~ ISPOSITION BY COUNCIL: ' PROCESSED BY OFFICE BY ^ APPROVED ~OpRIGINATING `tlEPARTMENT HEAD: Gary ~rre ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFOR 710 CONTACT ~c~e~l Schmidt EXt . 78.5 DATE