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HomeMy WebLinkAboutOrdinance 8501 ORDINANCE NO AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION (1F CAt MINT AVFNl1F AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO SRO AS HALT. INC AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION MAKING APPROPRTATIONa FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED MAKING PROVISIONS FOR THE LEVYING OF ASSESS1rtENTS 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 ir- the City of Fort Worth Texas to-wit CALMONT AVENUE From Cherry Lane to Lackland Road known and designated as Project No '021-22.161 \~ aa1S 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 CALMONT AVENUE From Cherry Lane to Lackland Road known and de- signated as Project No 021-22161, a seven-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 con- crete gutter on a sixty to forty-four foot roadway Six-inch thick concrete driveways will be construct- ed where specified ti ~,u Ttie abevep together faith concrete curbs gutters driveways and i_ncidentala to such improvemments on proper grade end line where same are not al.r.eady eo Conet>"iacted, together with etorn- sewers and drains and ether necessary inr.identele and appurtenances all of. said improveme.nr.s to be constr.~.~cted ae and where shown on the Plane end Specifications therefor IV The Cast of said improvements es herein defined shall be paid for as follows, towwit A The prroperty abutting on than portion of the street avenue nr puhlic p'tace ins the tail and true owners thereof shall pay all of the cast of curbs and gutxera in frt,nt of their property ores not exceeding nine-tenths (9/lOtha) of the estimated coat of the r~~,ainder of such improve~nente ~ 7~he City of Port Forth shall pay a1i of the remainder of she cast of s~ai.d iinpcovenente afar deaucting than amounts herein specified to 'be paid by r.he abutting properties And the real and true awaera thereof as set out in subsection A The anir~unts payable fiy the abutting properties and the real and true owners thereof shall be ssee~esed against such properties and the real and true owner.a there- cif ahd shall cp»etitute a fixer and prior lien open each properties and a peraenal liability of the real grid tri,e owners there of and shall be payable eo•wit 'When trio imprr~~temente are cci+iiplrted and accepted by the City on a particular »nit, the iuo,s ,~eeeaaed against property abutting upon such completed and accepted units shell be and become payable in five (5) equa9. iriatallmenta due respectively on or befa~re thirty (3h) days, and one (l) two (2), three (3) and four (4) years from the date of such completion And acceptance and the Aaseeements against the pro- pdtrtyr a6uttitig upon the remaining unite shall bye and become due and payable in such i.notall.aiec~te after the. Bete of completion and acceptance of such respective unit Tha entire amount asaeaaed egatnet the particular parcels of. property shall bear f»tereat from the data of such completion sad aCCeptanee of the improvements on the unit upon Wh.rh the pert•icul.ar property Abuts at the rate of eight (8%) percent pax Annum, payi~bla Annually except as to interest on the first installment which shall bra dice and payable on the date said inatAllmenr_ matures provided that any owner ~ihall have t:he i:ight to pay any and all of suah t.netallment at any time before ~nAturity by paying principal with intei-eat accrueu to the date of payment and further pirovided if default be made in the paye+ent of any installment proanptl3~ Ea the asme a~aturet, than rit the option of the City of ~~'art Worth or its asaigna the entire ae-dunt of the aaMeNemrnt upon which such rye fault ie made shall be and become immedi• ately dun and payable; but it is specifically provided that no aaseasmenta shall i.n »r~y cane be made aga~inMt any property or any owner thereof in excess of the special bene£ita to property in the enhanced value thereof by means of said improvements in the unit apart which the particular property abuts, ss aacerteined at the hearing pro- vided by the lea in forty i.n the City ear shall any assessment be made i.n any case until after notice of hearing as provided by law Said aaaessments against the >'espect,ve lots and parcels of property and owners Chereaf shall be evidenced by certifCatea of a ~peciel aaaessment taihi.ch shall be executed in the name of. the City of Foot Worth, l'ROVYDFD however that acting through ire duly authorized Director of Public '~oirke, the City of Fort Worth retaining the right to authorized payment of the some aaaeaeed asgai.nat abutting property upon such completed and accepted unit in not snare than forty-eight equal regular monthly' installments of not leas than $9 00 each the first of such inatal.lmente 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'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 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 as 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 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 so 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 a-saigns, 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, 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 lxrns 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 o£ 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 11ASb of the re- vised Civil Statutes of Texas as amended, and the bid of S 0 Asphalt. Inc. 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 CRfI Ac,~,] t ~, Tnr _ 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 .,,,, 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 Firs t. 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 seseaaments 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 anti the assessments against the property shall be valid XI The Director of Public Works of the City dr Fort Worth, Texas be and he is hereby ordered and directed to file with the Cfty Council estimates of the coat 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 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 ~' r-~ XIV This ordinance shall take effect and be in full force and effect from and after the date of its passage ~j~j~ PASSED AND APPROVED THIS C7S ! DAX OF_ G~ , 19~ APPROVED AS TO FORM AND LEGALITY City Attorney ~ ,rte ~~ ~ ~ pity ®f' ~®rt ~~rth, ~Ceacas ~~ ~ ~,r~ al~.~ ~ //(//~ /~ p CITY MANAGER 1 ~ • ~" r" "7/ ®~ ~~~ ~®~~~~~ ~®~~~~~~~~~®~ ACCOUNTIN - PAGE DATE REFERENCE SUBJECT Award ~f Contract Calmorit Avenu TRANSPORT TION~PUBLIC WORKS•~ NUMEER Improvements Cherry Lane East ~.® 1 of 3 12/29/81 **C-6067 Lackland Road ___ VPATER AO City Council action is requested on Project No 02 1022-161-00, as described below Roadway R 0 W .Street Limits Width-Feet. Width~Feet Calmont Avenue Cherry Lane east 44 to 60 60 to 80 - - -- to L,ackland Road - 0~'~gixi-_~f_. Pa~~~ect -_ __.On_June-_6 3-978 (M&C C®3837) the City Council approved the 19781 ~Carpital ,,.__ __ rovEment-~'rogram (CIP) which included the widening and improvement: of this ---s-egttCeii~-`of _Calmont Avenue to collector status as designated in the Western --°--H.i11s~Se~to.r~lan When this project is completed, it will provide a continuous -- Y.-east.-west---ce-elector roadway from the Western Hills Addition west of Cherry Lane - T~ac-k-land~oad =~A~~b~uc from Cherry Lane to Lackland Raod will be improved by construction vf=~1'lec~or grade hot mix asphaltic concrete pavement wit1~ concrete curb and gutter and concrete driveway approaches where required Storm drain improvements wi11 consist of a concrete box culvert and 210. feet. of concrete pipe and appurtenances Receipt of Bids The project was advertised for bids on November 19 and 25, 1981, and the following bids were received on December 10 1981, with 165 working days allotted to complete the project Bidder Am®unt SRO Asphalt Inc $ 497,290 05 Austin Road Company 502 838 72 APAC-Texas Ins 525,393 60 Southwestern Contracting Co 583 336 50 Stolaruk Corporation 594 281 25 Joseph Chie Contractor 636 178 00 Pro`ect Cost and Financing Assessments on a portion of thzs project are affected by that portion of the roadway having-been constructed to grade and City specifications in the past. 1 c +,'' ~,~'~A,TE REFERENCE SUBJECT Award Of Contract - Calmont Avenue PAGE 7 **C66067 Improvements - Cherry Lane East to 2 2/29/81 or 3 Lackland Road Based on the low bid and standard policy approximately $117 005 30 is proposed 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 $380 284 75 with $83 376 75 for storm drainage and $296 908 for street improvements The engineering cost totals $44 756 10 (9%) which includes in-house design of the project Sufficient funds are available in Project Account No 021-022-161-00 for the City's construction cost A bond fund transfer is required from the 'Engineering Unspecified -'~~ account to supplement the engineering funds in the project account Recommendation It is recommended that 1) The following bond fund transfers be approved From To Amount Reason 094-009-901-00 094-022-161-00 $117 005 30 To provide funds for the Revolving Fund Calmont Avenue property owners share of Unspecified Cherry Lane to construction cost Lackland Road 021-022-161-00 021-022-901-00 $100 000 00 To reduce excess allocation Calmont Avenue Arterial Streets in the project account Cherry Lane to Unspecified Lackland Road 021-095-901-00 021-022-161-00 $ 38 900 00 To supplement engineering Engineering Calmont Avenue funds in the project account Unspecified Cherry Lane to Lackland Road 2) An ordinance be adopted ADOPTED ORDINANCE NO ~5~~/ 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 amount to be assessed D Awarding the contract to SRO Asphalt Inc in the amount of $497 290 05 based on their low bid E Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above and ~. ,,:. ,t, DATE REFERENCE SUBJECT Award of Contract _ Calmont Aven a PAGE 12/2981 *~ BER C-6067 Improvements -Cherry Lane East to 3 3 Lackland Road or 3> An ordinance be adopted ADOPTED ORDINANCE NO ~'(~~" A Approving the estima tes of costs and amounts proposed to be assessed and B Setting January 26, 1982 as the date for the benefit hearing GG ~ c Attachment APPROVED BY CITY COU CIL SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY'COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ~A ~ tt ~ ORIGINATING .~ ^ OTHER (DESCRIB~j~ >.~ f DEPARTMENT HEAD• Gary anterre ~ ;,Yr TY SECRETARY FOR ADDITIONAL INFOFt1~1~1Tlgy CONTACT U llell Schmidt EXt 7805 CS ecxcraxy of tha ~ ATE A p ~