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HomeMy WebLinkAboutOrdinance 8684 r ORDINANCE NO u AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF HAYNT STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO AUSTIN ROAD COMPANY 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 HAYNIE STREET From Craig Street to Greenlee Street, known and designated as Project No 029-024300 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 HAYNIE STREET From. Craig Street to Greenlee. Street known and designated as Project No 029-024300 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 thirty-six foot road way Six-inch thick concrete driveway approaches will be constructed where specified -~ The above together with concrete curbs gutters driveways and incident.al.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 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 (9j10ths) 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 t}ie real and true owners thereof. as set ovt~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 soma 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, pa9~able annually except as to interest on the first installment which shall be due and payable on the date said inetallmenr matures provided that any owner shall }lave 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 gs the same matures, then at the option of the City of Fvrt Worth or its assigns the entire amount of the assessment upon whicfi 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 es ascertained at~the hearing pro- vided by the law in force in the City nor shall any asseeament be made in any case until after notice of hearing ae provided by law Said aaaesamenta against the respective lot• 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 acting through its duly authorized Director of Public Works the City of Fort Worth retaining the right to authorized payment of the sumo assessed against abutting property upon such completed acid accepted unit in not more than forty-eight equal regular monthly installments of not leas than $9 00 each the first of such installments to become due and payable ~ of more than 3 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 forms 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 sumo 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 installmenta 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 asaeasment the description of the property and the name of the owners as far as known, and shall contain ouch 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 ell 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 asaeasment shall be end become immediately due and payable together with reasonable attorney a fees and costs of collection if incurred, all of which, as well as the principal and interest on the asaeasment 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 o her matter or thing shall invalidate any asaeasment 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 asaeasment 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 a• required by Article 11ASb of the re- vised Civil Statutes of Texas as amended, and the bid of AUSTIN ROAD COMPANY having been found to be the lowest and beat 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 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 tht City Secretary are hereby directed to execute the said contract in the name of the t 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 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 eo 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 aseeasmenta against the property shall be valid XI The Director of Public Works of the City or 1~'ort 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, s notice in accordance with the provisions of the Act passed at the Fifth Called Session of the Forty•firat 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 ttie 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 TKIS, 7CA ~~ DAY OF ~ , 19~ APPRW ED AS TO FORM AND LEGALITY City Attorne M/;~,sT~R F14~-•~1 GP!LV MAhAG:€Rr•L ~` ~ ~ '~~` City of Fort Worth, ~'exas ilr;Cr,C,QW~t!!lTtp!L~.$ ~.~~,~.~~*~x~;~,~,~~,~~~®~° CL~C~ ~o1.tnC2l ~®~~~~2CCLt2®D'~ DATE REFERENCE SUBJECT Award of Contract - Assessment PAGE _ NUMBER paving of Haynie Street from Craig 3 11/16/82", **C-6609 Street to Greenlee Street for --- - - C-ity--Council action. is requested on Project No 029-024-300-00 as described ~-- -- -- - below -._ Roadway Right-of-Way Street Limits Width-Feet Width-Feet Haynie Street Craig Street to Greenlee St 36 55 Origin of Project (~ On December 23 1980 the Transportation and Public Works Department received a paving petition signed by the owners of 60 8 percent of the adjacent property on the east side of the above segment of Haynie Street requesting the street be improved on an assessment basis The property on the west side of the street is Handley Park on the north one-half and the Fort Worth Independent School Dis- trict s football field on the south one-half There is also a new Community Cen- ter in the southeast portion of Handley Park On August 11, 1981 (M&C G-5072) the City Council authorized the Director of Transportation and Public Works to prepare plans and specifications and advertise the project for bids Haynie Street at this location presently has penetration pavement in poor con- dition with no curb and gutter along the park property and four. lots on the east side of the street Most of the remaining lots on the east side have exist- ing curb only with very narrow driveway approaches 'The school property has existing curb and gutter and driveway approaches ~~ Improvements Haynie Street will be improved with residential grade hot-mix asphaltic concrete pavement with concrete curb and gutter and driveway approaches The street will be 36-feet wide to provide for the traffic generated by the football. field and the community center Drainage facilities consist of 1580 feet of subdrain pipe Receipt of Bids The project was advertised for bids on October 7 and 14 1982 and the following bids were received on October 28 1982 with 30 working days allotted to com- plete the project suB~ECr Award of Contract - Assessment Paving of Haynie Street from Craig Austin Road Company Stolaruk Corporation Richard Carr Excavation L Grimes and Company Inc APAC Texas Inc Harrod Paving Company Inc SRO Asphalt Inc Pate Jones Asphalt Inc Amount $120 937 55 143 749 58 146 204 00 147 190 33 151 364 6.0 153 070 25 156 092 50 160 313 30 PAGE 2 _ ar3. Project Cost and Financing ~.~ Based on standard policy in effect at the time of approval of the project by the City Council and the low bid it is proposed that approximately $26 311 46 be assessed against adjacent properties This assessment will be provided for by a bond fund transfer from the 11Revolving Fund Unspecified" account Cost to the City for construction is approximately $94 626 09 plus $21 768 75 (18%) engineering Bond fund transfers are 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 the City Councit authorize the City Manager to 1 Approve the following bond fund transfers -~ ~. From To 094-024-300-00 Haynie Street Craig to Greenlee U29-024-901-00 029-024-300-00 $96,000 00 To provide funds for Assessment Paving Haynie Street the City's construction Unspecified Craig to Greenlee cast r ~. DATE REFERENCE NUMBER 11/16/82 **C-6609 Bidder 029°095-901-00 Engineering Unspecified 029-024-300-00 Haynie Street Craig to Greenlee Amount Reason $26 311 46 To provide funds for the property owner's share of construction cost $10,500 00 To supplement engineer- ing funds i.n the project account 094-009-901-00 Revolving Fund Unspecified DATE REFERENCE SUBJECT Award of Contract - Assessment PAGE NUMBER paving of Haynie Street from Craig 3 3 11/16/82 **C--6609 Street to Greenlee Street _~_ or_-_ 2 Adopt an ordinance to ~ . A OPTS[~ 0RDINANCE NO ~ ~ ~ ~ A or and order the improvements Declare the necessity B Make provisions for levying assessments C Direct the Transportation and Public Works Department to prepare estimates of costs and amounts to be assessed D Award the contract to Austin Road Company in the amount of $120 937 55 based on their low bid E Make appropriations to cover the indebtedness thereby incurred for improvements of the project named above and 3 An or dinance be adopted to A Approve the estimates of costs and amounts proposed to be assessed and B Set December 14 1982 as the date for the benefit hearing DAI jh Attachment ADOPTED ORDINANCE NO ~ ~ ~~ rAF~RO pUN~CiL CITY C Nov 1s >9az s--~1~.-°~ ~ ~ .u ° ecXesarY of the OL paact Kvsth~ Texs>~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gary Sabterre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT ~ e $(~ DATE