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HomeMy WebLinkAboutOrdinance 8546,_ ORDINANCE NO ~1 S Tt0 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION C1F ~T.T T arF CRFF RnAi] AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, 'TEXAS, LETTING CON- TRACT TO SRO ASPHATT~TNC __ 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 described portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit VILLAGE CREEK ROAD From Polly Freeway Access'Rosd to Martin Street, known and desig:n.a_fed:~ as Project No O~1x023ib'6 ~- - ->, Unit I MARTIN STREET From 30 Feet East of Tahoe Street to Village Creek Road, known and desigated ~ as Project No 021-022158,Unit LEI .~ 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 VILLAGE CREEK ROAD From Poly Freeway Access Road to Martin Street~~ known and desig-~a.,ated~~as Project No 021-023166, Unit I A seven-inch reinforced concrete pavement on a six- inch thick lime stabilized subgrade, with seven-inch high ;superimposed concrete curb on a sixty-foot road- way Six-inch thick concrete driveways will be con- structed where specified Martin Street From 3(i Feet East of Tahoe Street to Village Creek Road, known and desigi~~ated-r,as-Project No 021-022158, Unit II A six-inch reinforced concrete pavement on a six-inch thick lime stabilized subgrade, with seven- , inch high superimposed concrete curb on a forty-foot road way Six-inch thick concrete driveways will be constructed where specified x Tl~e above, together with concrete curbs, gutters, driveways and incidental.a 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 cost 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 public place and the real and true owners thereof shall pay alt of the coat 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 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 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 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 improvements are completed and accepted by the City an a partic~ilar unit, the sums assessed against 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 remaining unite shall be and become due and payable in such installments after the date of completion and acceptance of ouch 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 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 anf 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 upon which ouch 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 excea8 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 se provided by law Said aaeeasmenta against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of a special aaaessment 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 auras assessed against 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. aiich 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 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 forme 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 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 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 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 costs of collection, if incurred, 811 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 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 other matter or thing, shall invalidate any asaesament 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 11QSb of the re- vised Civil Statutes of Texas, as amended, and the bid of SRO ASPHALT, INC. having been found to be the lowest and beat bid for the making and construction of. said improvements, thr contract there- fore is hereby awarded to SRO ASPHALT 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 Msnager, and the City Secretary are hereby directed to execute the said 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, 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 IR Each unit above described shall be and constitute a separate and independent unit of improvement and the aeaeasmenta 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 ariain~ from the improvements in that unit X In making asaesaments, 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 eo 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 assesamenta 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 ouch 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 Acts of said Session of the Legislature, said Act having been passed in the year 1930, and now known as Article 1220a of Vernon'e Texas Civil Statutes XIII The City Secretary is hereby directed to engroa• 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 PASSED AND APPROVED THIS ~O~ DAY OF , 19 S~ APPROVED AS TO FORM AND LEGALITY ~~ C~ City Attorney ASTER FILE 1 CITY MANAGER-l ACCOUNTI i4 1 i t City of wort Worth, texas J~a~or a~ad ~®~,n~il Comma~~,icati®~, DATE REFERENCE NUMBER JRANSPO TATION~PUBLIC .WORKS 6 sus~ECT Award of Contract-Village Creek PAGE Road and Martin Street-Paving an 3 Drainage Improvements lof __ VFATER~DMi~IJ~jRp~TION~bunC11 action is requested OR Project NOS 021-023-166-00 and 021-022-158 -00, as described below __ _ Roadway R 0 W __ .___.__ __ Unit _ Street Limits Width-Feet Width-Feet - - --i-----------°-- Village Creek Road Poly Freeway to 60 80 _ __ _~~_____ _.._ - Martin Street --~~- --I-I-----~--- _ Martin Street Tahoe St to 40 to 44 60 _,.,__!~~ _ ____-___~_..~._-___ __ Village Creek Rd „~^._ ~OriQin ~of,Project ~- -----{?m--~urre-6; 1978 (M&C G-3837), the City Council approved the 1976-81 Capital ~_ _ - mprovement Program (CIP) which included the new construction of the above ____segrnent of, Village Creek Road to thoroughfare status (Page ST-37), and the new ----~- -.-co-ns-txu.r..ta.on of Martin Street from Parker Henderson Road to Village Creek Road ~---~--- --(-Page- ST-15~ Included in this contract is the upgrading of Martin Street from ""`"'' -" Parker Herld'erson Road west one block to Tahoe Street, thereby providing an improved roadway from Village Creek Road west to Miller Avenue and Wichita Street Improvements Village Creek Road will be improved by construction of thoroughfare grade concrete pavement complete with concrete curb and driveway approac?ies on a 60-foot wide roadway which will provide for four moving traffic lanes Martin Street will be improved by construction of collector grade concrete pavement with concrete curb and concrete driveways where specified on a 40-foot wide roadway, increasing to 44-feet wide at Parker Henderson and Village Creek Roads Storm drain facilities wall consist of a reinforced concrete culvert and 671 feet of st<~rm drain pipe and appurtenances Receipt of Bids T'iie project was advertised for bids on February 18 and 25, 1982, and the following bids were received on Mar..h 11, 1982, with 100 working days allotted to complete the project The project was bid with two alternates as to new pavement The "Base Bzd" provides for hot-mix asphal~i~tic concrete pavement with concrete curb and gutter, whereas "Alternate I," provides for concrete pavement with concrete curb, which resulted in the latter being the low bid as indicated below (so the reinforced co~lcrete paving alternate is recommended for award on both units) Bidder SRO Asphalt, Inc Bast Bzd w/HMAC $357,921 50 Alternate I --~^-- T$351,916 35 ~~(~ :~ ~ ~-.s~y~1 .- ~ ~~.~"J y J DATE REFERENCE SUBJECT Award of Contract-Village Creek ~ PAG E NUMBER Road and Martin Street-Paving and 2 3 ,~~ _ Drainage Improvements ~-^ _, of _______ __ IIpASTER F - ~- -- - CfTY MAN CiER•1 Southwestern Contracting Co 362,889 OS 372,241 00 ACCOUNTI G-2 Tf6N(~1T61LfC u~a~~ sC° 7 368 , 239 97 402 , 091 48 tTRANSPO A J L Bertram Construction and Engineering, Inc No Bid 383,622 86 WATER DMIAIp;A~A~lo~~xas, Inc 391,922 47 439,875 10 *Indicates Low Bid Project Cost and .Financing .~ Based on the low bid and standard policy, ad3acent properties will be assessed $115,535 61, all of which are zoned industrial, except four parcels west of ` Parker Henderson Road which are zoned residential Funding for the property ~_ owners share_of construction cost will be provided by a bond fund transfer from ,.... the "Revolvi-ng Fund Unspecified " Cost to the City for construction is -- approximately $236,380 74, of which $112,717 69 is for street construction and '~` "~$~123,663 05 J for storm drainage, plus $28,153 31 (8%) for engineering 'v - ~~Sufficient funds are available in the two project accounts for the City's ,,, ._ _-construction cost, however, a bond fund transfer is required from the ~--- -''Eng°neering~-Unspecified Account" to provide for the City's engineering costs __-_~~Due to the low bid being $348,000 less than funds allocated in the 1978-81 ,,.. __ C I P for Village Creek Road and Martin Street, $295,000 is being transferred s^r-~--~ to the respective unspecifLed accounts Approximately $53,000 is being retained as contingency in the project accounts Recommendation It is recommended that 1) The following bond fund transfers be approved From ~~094-009-901-00 Revolving Fund Unspecified 094-009-901-00 Revolving Fund Unspecified 094-023-166-00 $ 3,115 20 To provide funds Village Creek Rd for the property Poly Freeway to owners share of Martin Street construction cost 094-022-158-00 $112,420 41 To provide funds Martin Street for the property Tahoe Street to owners share of Village Creek Rd construction cost i DATE REFERENCE sus~ECT Award Of Contract-Village Creek PAGE NUMBER Road and Martin Street-Paving an 3 3 __~<~.L._1i22$_--- ---.----- Drainage Improvements ~r 021-095-901-00 021-023-166-00 $ 12,000 00 To provide addi- Engineering Village Creelc Rd tional funds for Unspecified Poly Freeway to City engineering Martin Street cost 021-095-90.1-00 021-022-158-00 $ 13,000 00 To provide addE- Engineering Martin Street tional funds for l)nspeciEled Tahoe Street to City engineering Village Creek Rd cost 021-023-166-00 021-023-901-00 $145,000 UO To reduce alloca- Village Creek Rd Major Thoroughfares lion in project inspecified account ~ 21-022-158-00 021-022-901-00 $250,000 00 To reduce alloca- Martin Street Collector Streets lion in project Unspecified account 2) An ordinance b e adopted ADOPTED ORDl~NANCE NO ~5`f~ A Declaring the necessity for and ordering the impro vements, R Making pr ovisions for levying assessments, C Directing the Transportation/Public W~r.ks Depa rr_ment to prepare estimates of costs and amounts to be assessed, D Awarding the contract to S R ~ Asphalt, Inc in the amount of $351,916 35 based on their low bid with hid Altern ate No 1 E Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above, and ,/ 3) An ordinance be adopted ADOPTED ORDINANCE N0. ~5~7 A Approving the estimates of costs and amounts proposed to he assessed, and B Setting April 27, 1987_, as the date for the benefit hearing GG o0 ~~~ ~~ C~~~CIL .MAR g0 1982 SUBMITTED FOR THE `- ~~ CITY MANAGER'S DISPOSITION BV tv: - eaCt3Lelq OT Llte PROCE SED BY OFFICE BY-__ ; - APPRO~'~9~(~ xQx'4' ~I07CCh~ ~ ~ ORIGINATING OTHER (DESCRIBE) i DEPARTMENT HEAD (,'arX Santerre CITY SECRETARY FOR ADDITIONAL INFORMATIQ(V CONTACT Udell Schmidt, Ext: 7805 DATE