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HomeMy WebLinkAboutOrdinance 8639'i''s% c' ,S •r ORDINANCE NO (0 3 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF SOUTHBROOK DRIVE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND ~'UBLIC 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 STATUTESIAS 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 existsa public necessity for the improvement of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, to-w~.t f SOUTHBROOK DRIVE Skyline Drive to Glenwick Drive, known and designated as Project No 029-24296-00 'a 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 SOUTHBROOK DRIVE From Skyline Drive to Glenwicli drive, known and designated as Project No 029-24296-00, a five-inch thick hot-mix as= phaltic concrete pavement on.a six-.inch lime stabilized sub- grade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-foot roadway Six-inch ;R~ thick concrete driveways will be constructed where specified ,LL 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 Plana and Specifications therefor IV The coat of said improvements as herein defined shall be paid for as fallowa, to-wit A The property abutting on that portion of the street, avenue ar public 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 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 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 such properties and a personal liability of the real and true owners there of and shall be payable to-wit When the improvemee~ta-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 (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 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 and payable on the date said inatallmenr matures provided that any owner shall Dave 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 promptl3 Es the same matures, then •t the option of the City of Fort Worth or its assigns, the entire amount of the assessment upon which ouch default is made shall be and become immedi- ately due and payable; but it is specifically provided that no asaesamenta 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 abate, as 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 aaeeeaments 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, PROVYDED, however, that acting through its duly authorized Director of Public Works, 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 such 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 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 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 aesesaments 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 thereto coupons in evidence of the several installments, or in evidence of any of the installments in which the assessment ie 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 all 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 assessment shall be and become immediately due and payable, together with reasonable attorney's fees and coats of collection, if incurred, all of which, as well as the principal and interest on the aeaesament, shall be a first and prior lien against 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 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 assessment for street improvements shall not in- validate any assessment 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 11A5b 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 APAC-TEXAS. Il~c. 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 ~ iy ~ . 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 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 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 assessments, if the name of the oainer 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 assessments 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 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 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 ,, ~. XN This ordinance shall take effect and be in full force and effect from and after the date of its passage PASSED AND APPROVED THIS I'S~ ~' DAY OF ~r",~,'~--- , 19 ~ ~ APPROVED AS TO FORM AND LEGALITY ~i~/ ity Attorney p ~~~ ~~ ~~ City of Fort Worth, texas ~~°~~-:$ J~1lay®r aid C®a,~n~il Comm~nicat~®~, ItRAN~POR~ii~;~+t~~1.V~. w4~~a,e DATE REFERENCE SUBJECT Award of Contract - Assessment PAGE NUMBER 9/14/82 **C-6496 Paving of Southbrook Drive from lot 3 _ ____Skyline Drive to Glenwick Drive City Council action is requested on Project No 029-024-296-00, as described below Street Southbrook Drive Origin of Project Limits Skyline Drive to Glenwick Drive Roadway Width-Feet 30 R 0 W Width-Feet 60 On June 25, 1980, the Transportation and Public Works Department received a paving petition signed by the owners of 62 percent of land adjacent to Southbrook Drive from Skyline Drive to 245 feet west of Glenwick Drive, requesting the street be improved on an assessment basis All of the adjacent property is zoned residential On September 2, 1980, the City Council authorized the Director of Transportation and Public Works to design and advertize the project for bids During the design phase of the project, it was discovered that the existing permanent pavement from 245 feet west of Glenwick Drive to Glenwick Drive is failing and should be reconstructed with this project The existing curb and gutter and driveway approaches are in good condition and will remain in place (Improvements Southbrook Drive will be improved with residential grade hot-mix asphaltic concrete pavement ttie length of the project, with new concrete curb and gutter and driveway approaches where specified from Skyline Drive to 245 feet west of Glenwick Drive The remainder, where curb and gutter and driveway approaches exist, will not be replaced Storm drain facilities will consist of a box culvert, two inlets and appurtenances ' (Receipt of Bids The project was advertized for bids on August 5 and 12, 1982, and the following bids were received on August 26, 1982, with 28 working days allotted to complete the project Bidder Amount APAC-Texas, Inc $ 89,498 70 SRO Asphalt, Inc 91,343 00 Austin Road Company 93,666 71 Stolaruk Corporation 94,523 25 L Grimes and Company, Inc 95,547 25 Pate Jones Asphalt, Inc 103,248 12 Harrod Paving Company, Inc 104,725 00 Ed Bell Construction Company 109,797 40 ~, f• '' i 'DATE REFERENCE SUBJECT Award of Contract - Assessment ~ PAGE NUMBER Paving of Southbrook Drive from 9/14/82 **C-6496 Skyline Drive to Glenwick Drive ~ ~-- °' 3 Project Cost and Financing Based on standard City policy and the low bid, approximately $21,901 92 is pro- posed 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 $67,596 78 of which amount $14,543 50 is for drainage facilities and $53,053 28 for street construction, plus $17,004 75 (19%) engineering Additional engineering was required on this project due to required drainage easements, etc Bond fund transfers will be required from the Assessment Paving 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 From 094-009-901-00 Revolving Furid Unspecified 029-024-901-00 Assessment Paving Unspecif i.ed To 094-024-296-00 Southbrook Drive Skyline to Glenwick 029-024-296-00 Southbrook Drive Skyline to Glenwick Amount Reason $21,901 92 To provide funds for the property owner's share of construction cost $71,000 00 To provide funds for the City's con- struction cost 029-095-901-00 029-024-296-00 $6,100 00 To supplement engi- Engineering Southbrook Drive neering funds in Unspecified Skyline to Glenwick the project account 2 An ordinance be ado ~~~-~TEa ~~~E ~~1~~ ~.~~ ~V~ ~ ~ 3 ~ 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, Inc , in the amount of $89,498 70 based on their low bid, E Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above, and ,r J'~'~ e i4 • C_~ DATE REFERENCE SUBJECT Award Of Contract -Assessment PAGE 9/14/82 NUMBER **C-6496 Paving of Southbrook Drive fro) ~ Of ~ Skyline Drive to Glenwick Driv - -- 3 An ordinance be adopted AApp~~p ORD~IVgNCEN O G ~~ O A. Approving the estimates of costs and amounts pro ~osed to be assessed and , B. Setting October 12, 1982, as the date for the benefit hearing GG ja Attachment ~~~ ..-~ ~t,a.* /Id m ~ ~! fit! N~~t~ll SUBMITTED FOR THE CITY MANAGER'S ~ DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BV ~ _ ~~~ i ~, ~ Q APPROYED ORIGINATING ,i / C OTHER (DESCRIBE) anterre DEPARTMENT HEAD• Gary CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT O'Dell Schmidt EXt 785 DATE