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HomeMy WebLinkAboutOrdinance 8404ORDINANCE NO ~~ ~ ~' AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF STALCUP ROAD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO SRO ASPHALT, 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 ASSESSIrfENTS 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 TI 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 STALCUP ROAD From Turner to Fitzhugh and Cottey Street Storm Drain, known and designated as Project No 021- 25235 Units I & II 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 STALCUP ROAD From Turner to Fitzhugh and Cottey Street Storm Drain, known and designated as Project No 021-25235, Units I & II, a two-inch thick hot-mix asphaltic concrete surface course on a five-inch thick hot-mix asphaltic base and by constructing seven-inch high concrete curb anal eighteen-inch wide concrete gutter where none exists Six-inch thick concrete driveways will be constructed where specified The above together with concrete curbs gutters driveways and incidentals to such improvements on proper grade and line where same are not already ao 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 zv The cost of said improvements as herein defined shalt 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 all cef 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 Fart 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 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 prier lien upon such properties and a personal liability of the real and true owners there of .and shall be payable to-wit When the improvementa~are completed end accepted by the City on a particular unit, the eases assessed sgainat property abutting upon such completed and accepted unite shall be and became payable in five (5) equal installments due respectively an or before thirty (30) days and one (1) two (2), three (3), and four (4) years from the date of such campletian and acceptance and the assessments against the pro- perty abutting upon the remaining unite shall be and become due and payable in sash installments after the date of completion and acceptance of such respective unit '1'he entire aeaaunt aaaeeaed against the particular parcels of. property shall bear interest from th.e date of such campletian and acceptance of. the improvements on the unit upon which the particular property abuts et the rate of eight (_8l.) percent per annum, payable annually eeccept as to interest an the first installment which shall be due and payable on the date said inetal.lmenr matures provided that any stoner shall have the right to pay any and all of such tnatallment at any time before maturity by paying principal with interest accrues to the date of payment and further provided if default be made in the payment of any letetallmenC promptly Es the same matures, then at the opti.an of the City of-Fort Worth ar its assigns, the entire amount of the assessment upon which sash default is made shall be and become immedi- ately due end payable; but it is specifically provided that no aeaesaments 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, ae ascertained at the hearing pro- vided by the law in farce i.n the City nor shall any asseaament be made in any ease until after notice of hearing ae provided by law Said assessments sgainat the respective late and percale of property and owners thereof shall be evidenced by certificates of a special asseaament which shall be executed in the name of the City of Fort Worth, PROVIAED 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 sgainat 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 such inatallmenta to beeome due and payable not more than ~,t 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 reapecti.ve 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 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 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 assigns, the entire amount of the assessment shall be and become immediately due and payable together with reasonable attorney s fees and costa 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 li.~ns and claims except State County School Diatriet 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 Che 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 certif.icatea 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 llQSb of the re- vised Civil Statutes of Texas as amended and the bid of SRO i4SPHALT. 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 SRO ASPHALT. INt~. at and for the prises 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 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 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 adapted 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 asseasmenta 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 anci 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 coat of such improvements in each unit in accordance with the tera-s 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'a Texaa 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 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 / DAY OF , 19~ APPROVED AS TO FORM AND LEGALITY City Attorney "~ City of Fort Worth, Texas Mayor and Council Communication DAl't ~ Y~ER ~ 9~ ~J~1___ C -5846 City Council action is requested on Project No Reconstruction and Cottey Street Storm Drain) Road Sidewalk), described below 0''1-025-235-00 (Stalcup Road and No 021-^3c; 100-00 (Stalcup Unit Street Limits I Stalcup Road (Reconstruction) IT Cottey Street Storm Drain III Stalcup Road Sidewalk Turner Street north to r'itzhugt. Street Stalcup Road east to 277' east of Farrell Lane East Berry Street north to Turner Street Origin of Project P.oadway Width-Feet 40 30 East Side only ROW Width-Feet 60 to 66 50 10' Parkwa On June 6 1978 (M&C G-3837) the City Council approved the 1978-81 Capital Improvement Program (CIP) which included the resurfacing of Stalcup Road from Pinson Street to Cottey Street (CIP Page ST-41 through ST-45) and $49 000 was allocated for the construction thereof During the design of the project it was determined that the street should be reconstructed and the limits extended from Turner Street to Fitzhugh Street to provide for a continuous collector street from East Berry to East. Rosedale In addition storm drain facilities were required in the vicinity of Cottey Street and Stalcup Road Additional funds in the amount of $597 000 were appropriated from the 1980 bonds to provide for the additional improvements On July 25 1978 (M&C TE-199) the City Council approved sidewalk construction under the 'Critical Need Provision" at 20 locations The first priority on the list is Stalcup Road from Ramey Avenue to East Berry Street with sidewalk on the east side of the street only This project will satisfy the need with the exception of the Bunche Park frontage which will be constructed at such time as the new school is completed Im ovements Unit I Stalcup Road will be improved by constructing collector grade pavement with concrete curb and gutter and driveway approaches Sidewalk will be construe ted on the east side of the street as approved by M&C TE-199 and on the west side to tie in with existing walk at commercial establishments Storm drain improve- ments are included in the vicinity of Turner Street and Cottey Street Unit II Cottey Street storm d,.ain will consist of constructing 21" to 42 storm drain pipe and appurtenances from just west of Staleup Raod to the outfall channel east of Farrell Lane A new road surface will also be constructed from Stalcup Road to Farrell Lane Unit III Stalcup Road sidewalk will consist of constructing new 4' wide concrete sidewalk from East Berry Street to Turner Street (east side only) with wheel chat ramps at both limits s~e~c~: Award of Contract - Re instruct f Stalcup Road and Cottey Street Storm ;gain Improvements Receipt of Bids The project was advertised for bids on July 23 and 30 1981 and the following bids were received on August 13 1981 with 175 working days allotted to complete the project Bidder Unit I_& II Unit III SRO Asphalt Inc $443 097 15* $15 050 30* ~,ustin Road Company $446 322 55 $15 000 00 h Grimes & Co Inc $471,102 66 $16,136 30 APAC-Texas Inc $459 748 20 $15 927 05 Metroplex Paving Co $493 614 92 $15 980 80 Southwestern Contracting Co $522 296 70 $15 381 40 - $458,147 45 r~''`*~.;.~~r~:a~,.,~~:d. , Pro_lec:t Cost and Financing Standard City policy states that under street reconstruction where the existing street is the required width adjacent properties will only be assessed for curb and gutter and driveway approaches where none now exist Consequently based on the low bid unit prices approximately $17 060 34 is proposed to be assessed against those properties where no curb and gutter and driveway approaches now exist Funding for the property owner's share of construction cost will be grovided for by a bond fund transfer from the Revolving Fund Unspecified account Cost to the City for street and storm drain construction is $42b,063 81~, plus engineering and $15 050 30 for sidewalk construction Sufficient funds are available in Project Account No 021-025-235=00 for the City's street and storm drain cost and Project Account No 021-038-100-00 for the sidewalk cost A bond fund transfer in the amount of $37'200 is required from the Engineering Unspecified account for the City's engineering cost Recommendations It is recommended that 1 The following bond fund transfers be approved From To Amount Reason 094-009-901-00 094-025-235-00 $17 060 34 To provide funds for Revolving Fund Unspecified Stalcup Road the property owner's Reconstruction share of construction cost 021-095-901-00 021-025-235-00 $37,200 00 To provide funds for Engineering Unspecified Stalcup Road survey inspection Reconstruction testing and admini- strative salaries etc 021-025-235-00 021-025-901-00 $175 000 00 To transfer excess Stalcup Road Reconstruction Resurfacing and allocation to Unspeci-' Reconstruction Unspecified fied r DATE REFERENCE SUBJECT Award Of Contract - Reconstructio PAGE NUMBER of Stalcup Road and Cottey Street Storm 3 3 ~*C-5846 Drain Tmp~eovements ar ~~~ 2 ~1® U d d d ~~~~~~~~~~ An ~ ~ ~~ ~ inance be a opte or ~~~ A Declaring the necessity for aril ordering the improvements B Making provisions for levying assessments G~ Directing the Transportation/Public Works Department to prepare estimates of costs and amounts to be assessed D Awarding the contrast to SRO Asphalt Inc in the amount of $458 147 45 based on its combined low bid E Making appropriations to cover the indebtedness thereby incurred for above and improvements of the project named 3 n d ~~Qf 1 E~ ®~~~~~~~~~~' `~®~ ~~~ d d An or inance be a opte A Approving the estimates of costs and amounts proposed to be assessed and B Setting September 29 1981, as the date for the benefit hearing 00 plg APPROVED ~ ~L ci1Y co~~ SEP 1 1991 SUBMITTED FOR THE CITY MANAGER'S i! ~!^^ '~"~ DISPOSITION BY COU.NGIL:~ '- 'Cxetaxy cf the OY ~~ PROCESSED BY OFFICE BY ^ AP-PR ED ORIGINATING ^ OTI-P1~R~(DESCRIBE) DEPARTMENT HEAD: CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt EXt • 785 DATE