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HomeMy WebLinkAboutOrdinance 8670~i- /~.~, ORDINANCE NO ~~ ~,_V AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF Virgil Street & Fresh~field Road AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO Austin Road Comp~ny AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION MAKING APPROPRIATIONS F"OR 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 VIRGIL STREET, UNIT I From Anglin Drive to Lois Street., known and des- ignated as Project No 021 & 029-.36604, Unit I FRESHFIELD ROAD, UNIT II From Lois Street to Village Creek Road, known and designated as Project No 021 & 029-36604 Unit II i 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 VIRGIL STREET, UNIT I From Anglin Drive 'to Lois Street.., known and designated as Project 021 & 029=36604, a six.=inch thick hot-mix asphaltic.~.;concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb !~_ and eighteen-inch wide concrete gutter on a forty-foot roadway Six-inch thick concrete driveway approaches will be constructed where specified FRESHFIELD ROAD UNIT II From Lois Street to Village Creek Road, known and desig= Hated as Project 021-& 029-36604, a six-inch thick hot- mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a forty-foot roadway Six-inch thick concrete driveway approaches will be constructed where specified -~ The 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-wit 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 cost of. curbs and gutters in front of their property and not exceeding nine-tenths (9/lOths) of the estimated cost of the remainder of such improvements B The city of Fort Worth shall pay all of the remainder of the cost of ssid 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 shell 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 on a partics~lar 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 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 suds 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 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 ianmedi- ately due and payable but it is specifically provided that no assessments shall in any case be made agsinst 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 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 assessment which shall be executed in the name of the City of Fort Worth PROVIDED however that scting through its duly authorised 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 Cfty 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'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 sums assessed against such property v The asaesaments 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 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 aeeesament, tht description of the property, and the name of the owners as far as known, and shall contain such other recitals as 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 coats 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 i 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 aeseeament 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 easessment 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 AUSTIN ROAD COMPANY having bten found to be the lowest and beet bid for the making and construction of. said improvements the contract there- fore is hereby awarded to AUSTIN ROAD COMPANY at and for the prices stated ~n 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 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 heating held and assessment levied and sll 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 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 assessments against the property shall be valid XI The Director of Public Works of the City of k'ort Worth, Texas, be and he is hereby ordered and directed to file with the City Council estimates of the coat of such improvements fn 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 XIII 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 C. 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 'I q ~ DAY OF _,_,, 19~ APPRCNED AS TO FORM AND LEGALITY ~~~;~G~~ ity Attorney / `.J. City of Fort Worth, texas JV.~ayor and C®acncal C®~,mun~cat~®~ DATE REFERENCE SUBJECT Award of Contract Assessment PAGE NUMBER 10/19/82 **C-6565 Paving of Virgil Street and Freshfi ldlot 2 City Council action is requested on Project Nos 021-036-604-00 (Engineering and 029-036-604-00 (Construction) as described below Roadway R 0 W Unit Street Limits Feet-Width Width-Feet I Virgil Street Anglin Drive 40 55 to Lois Street II Freshfield Lois Street 40 55 Road to Village Creek Road ~;~ Origin of Project On September 2 1980 (M&C C-5241) the City Council approved Community Facilities Agreement No 11248 for the development of Lot 1 Block 1 Webber Garden Addition Included in the agreement was the assessment paving of segments of Virgil Street and Freshfield Road both of which are border streets to the development Improvments Both streets will be improved with collector grade hot-mix asphaltic concrete pavement with cone"rete curb and gutter and driveway approaches where specified No drainage facilities are required Receipt of Bids The project was advertised for bids on September 9 and 16 1982 and the following bids were received on September 30 1982 with 23 working days allotted to complete the project Bidder Amount Austin Road Company $77 831 64 APAC Texas Inc 83 580 68 L Grimes & Company Inc 84 202 23 Harrod Paving Company Inc 94 839 50 Robert Gabbard Const Co 98 896 12 and Robert Gabbard F• r ~' DATE REFERENCE SUBJECT Award of Contract Assessment PAGE NUMBER 10/19/82 *~C-6565 Paving of Virgil Street and Freshfi ld_ 2ot ^ 2 - _WebbQr_Garden Addition -" Project Cost and Financing Based on standard policy in effect at the time of the Community Facilities Agreement and the low bid it is proposed that approximately $51 980 35 to be assessed against adjacent properties This will be provided for by a bond fund transfer from the "Revolving Fund Unspecified" account Cost to the City for construction is approximately $25 851 29, plus $9 339 80 (12%) engineering Sufficient funds are available in the project account for the City's engineering cost however a bond fund transfer is required from the "Streets In New Additions Unspecified" account to supplement the construction funds Recommendations It is recommended that =~ ~~. 1 The following bond fund transfers be approved From To Amount Reason 094-009-901-00 094-036-604-00 $51 980 35 To provide funds for Revolving Fund Virgil & Freshfield the property owner's Unspecified In Webber Garden share of construction Addition cost 029-036-901-00 029-036-604-00 $ 1 000 00 To supplement con- Streets in New Virgil &Freshfield struction funds in Additions In Webber Garden the project account Unspecified Addition 2 An ordinance be adopted ADOPTED QRD~NAiVCE N® ~C 7 ~ A Declaring the necessity for and ordering the improvements B Making provisions for levying assessments C Directing the Transportation/Public Works Department to prepare estimates of costs and amount to be assessed D Awarding the contract to Austin Road Company in the amount of $77 831 64 based on their low bid E Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above and 3 An ordinance be adopted .ADOPTED QRDINA~~CE N0, ~~ 7/ A Approving the estimates of and B Setting November 16 1982 GG dw Attachment SUBMITTED FOR TF4E CITY MANAGER'S OFFICE BY costs and amounts proposed to be assessed as the date for~~f~~ heari~g CITY CQU~CIL ~~~` $~ ' ORIGINATING DEPARTMENT HEAD: Gary anterre FOR ADDITiONA4 INFORMATION CONTACT (1~T1o'11 c.. L.. Q OTfIER (DESCRIBE) PROCESSED BY CITY SECRETARY - - -- - "°' ...~.,..--- ! DATE