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HomeMy WebLinkAboutOrdinance 8309r ORDINANCE NO Q AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION nF CIAKNTi1 STRFFT AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTTNG CON- TRACT TO APAC-TEXAS, 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 ASSESSIyfENTS AGAINST ABUTTING PROPERTIES AND THE OWNIERS 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 ADOPTTON 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 o£ 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 OAKHILL STREET From Miller Avenue to 380' east of Ne11 Street, lcknown and designated as Project No 029-6586 Unit 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 OAKHILL STREET From Miller Avenue to 330' east of Ne]1 Street known and designated as Project N0 029-36586 Unit I ar~seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high con- crete curb and eighteen-inch wide concrete gutter on a thirty-six foot roadway Six-inch thick concrete drive- ways 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 so constructed together with storm sewers and drains and other necessary incidentals and appurtenanees 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-wit A The property abutting on that portion of the street avenue ar public place and the real and true owners thereof shall pay all of the cast 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 E 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 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 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 particular unit the sums assessed against property abutting upon such completed and accepted units shall be and become payable in five (S) 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 seceptance of. the improvements on the unit upon which the particular property abuts at the rate of six (670) percent per annum, payable annually except as to interest on the first installment which shall be due and payable on the date said installment matures provided that any owner shall have the right to pay any and all of such 3.nstallment at any time before maturity by paying principal with interest accrued to the date of payment and further provided if default be made in the payment of any installment pramptly $s the same matures, then at the option of the City of Fort Worth or its assigns the entire amount of the ammseasment upon which 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 t® property is 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 as 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 forth, PROVIDED, however, that acting through its duly authorised Director of Public Works, the City of Fort Worth retaining the right to authorised 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 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 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 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 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 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. Fart Worth or its trsaigns, the entire amount of the assessment shall be and became 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 i rns and claims except State County School District and City ad valorem taxes IJo error or mistake in naming any owner or in describing any property or in any other 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 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 eo need not contain recitals in exactly the works above provided Eor but the subatanFe 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 ~1PA -T XAS. 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 APAC-TEXAS, TNC _ _ __ 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 Fort Worth Texas by said contract there funds and current revenues of the City an so incurred indebtedness incurred by the City of is hereby appropriated out of available amount sufficient to pay said indebtedness 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 Acta 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 correcC 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 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 terms of the powers and provisions of the Charter of the City of Fort Worth Texsa 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 paaeed 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 the complete ordinance in the appropriate Ordinance Records of thin City XIV This ordinance shall take effect and be in full force and effect from and after the date of its passage PASSED AND APPRWED THIS ,~ / '~T DAY OF ,~;~~~'! , 19 S I APPRW ED AS TO FORM AND LEGALITY Ci!~ ~ ~~ City Attorney DATE REFERENCE SUBJECT Contract Award - Assessment PAGE NUMBER Paving of Oakhill Street Unit I lof 2 3/31/81 ~~ C-5602 - City Council action is requested on Project Nos 021-036-586-00 Engineering and 029-036-586-00 Construction as described below Unit Street Limits Roadway Width-Feet I Oakhill Street Miller Avenue to 380' 36 East of Nell Street Origin of Project Right-of-Way Width-Feet 50 This project was initiated in conjunction with Community Facil-hies Contract No 11153 approved on May 13 1980 '(P4&c C-5088) with Fred Mallick the developer of The Village Addition Oakhill Street is an interior street within the development for a distance of 216' with the remainder of Unit T being a substan- dard existing City street leading from Miller Avenue east to the development Improvements This segment of Oakhill Street will be improved by construction of collector grade hot-mix asphaltic concrete pavement with concrete curb and gutter and concrete driveway approaches where specified No storm drain facilities are required other than concrete valleys at the Flamingo Street intersection Receipt of Bids The project was advertised for bids on February 19 and 26 1981 and the follo- wing bids were received on March 12 1981 with 50 working days allotted to complete the project Bidder Amount APAC-Texas Inc $84 949 35 Austin Road Company $85 669 57 Metroplex Paving Company Inc $86 071 61 L •Grimes & Company Inc $92 180 80 Bob Moore & Bob Moore Inc $97 406 84 A-1 Maintenance Inc $98 371 90 SRO Asphalt Inc $102 103 35 Ed Bell Construction Company $111 591 20 M A Vinson Construction Co Inc $120 599 15 Project Cost and Financing Based on the low bid and standard assessment paving policy approximately $13 014 85 is proposed to be assessed against the adjacent properties all of which are zoned 'Residential with the developer's property being classified as 'Unified Residential' to allow for construction of cluster duplexes The property owner's share of construction cost will be provided for by a bond fund transfer from the Revolving Fund Unspecified Cost to the City for construction is approximately $53 934 50 plus engineering Bond fund transfers in the ~~: .... ., DATE REFERENCE SUBJECT Contract Award - Assessment PAGE NUMBER Paving of Oakhill Street Unit 2 of 2 ~~C-5602 amount of $54 000 are necessary from the Assessment Paving Unspecified account for the City's construction cost and $4 000 from the "Engineering Unspecified account to supplement the engineering funds in the project account Recommendations It is recommended that 1 The following bond .fund transfers be approved From To Amount Reason 094-009-901-00 094-024-586-00 $31 01.4 85 To provide funds for pro- Revolving Fund Oakhill Street perty owner's share of Unspecified construction cost 029-024-901-00 029-036-586-00 $54 000 OU To p-tovide funds for the Assessment Paving Oakhill Street City's construction cost Unspecif ied 021-095-901-00 021-036-586-00 $ 4 000 00 To provide additional funds Engineering Oakhill Street for City's survey inspec- Unspecified tion and administrative cos 2 An ordinance be adopted ACppT~~ p~CIRI~~~ ~~ ~J ~~ A Declaring the necessity for and ordering the improvements B Making provisions for levying assessment C Directing the Public Works Department to prepare estimates of costs and amounts to be assessed D Awarding the contract to APAC-Texas Inc in the amount of $84 949 35 based on their low bid E Making appropriations to cover the indebtedness thereby incurred for n d a improvements of the project names above Pr ~~ ) J} g~ 3 An ordinance be adopted A®~.1~TE ~~1~6~ ~~~F 8 3l U A Approving the estimates of consts and amounts proposed to be assessed and B Setting April 28 1981 as the date for the benefit 'hearing APPROVED BY CITY CQJNCIL G~ plg Attachment MAR 3I 1981 ~~~ ~ SUBMITTED FOR THE j'y ~..~,G~uiy c ~ OSITION BY COUNCILExty~of Port' Wo: ~ ctte ~SED BY thPRACE OFFICEABY•GER'S ^ APPROVED , ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gar ariterre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt EXt. 7805 DATE