Loading...
HomeMy WebLinkAboutOrdinance 8419ORDINANCE NO 1 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF EDWIN AVENUE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO TRIANGE PAVING & EXCAVATING CO. 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 UNIT I EDWIN AVENUE From the west property line of Lot 13, Block 1 Forest Park Place ending in an eighty-foot cul- de-sac known and designated as Project No 029 36638, Unit I UNIT II MISTLETOE AVENUE From the west property line of Lot 4-R Block 1 Forest Park Place ending in an eighty-foot cul-de-sac known and designated as Project No 029-36638, Unit 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 UNIT I EDWIN AVENUE From the west. property line of Lot 13, Block 1, Forest Park Place ending in an eighty-foot cul=de-sac known ? and designated as Project No 029-36638, a five-inch thick hot-mix asphaltic concrete pavement on a five- inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-foot roadway UNIT II MISTLETOE AVENUE From the west property line of Lot 4R Block 1 Forest Park Place ending in an eighty-foot cul-de-sac known and designated as Project No 029-36638 Unit II a five- inch thick hot-mix asphaltic concrete pavement on a five- i~,nch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen=inch wide concrete gutter on a thirty-foot roadway ~~ ~J ~; ~ t ~. ~ ; t~,r~ Z~~ ~' 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 appurtenances all o£ said improvements to be constructed as and where shown on the Plana and Specifications thenefor IV The cost of said improvements es herein defined shall be paid for as follows to-wit A The property abutting on that portion of the street avenue nr puhlic place and the reel and true owners thereof shell pay all of the cost of. curbs and gutters in front of. Chair property and not exceeding nine-tenths (9/lOths) of r.he estimated cost of the remainder of such improvements The City of Fort Worth shall pay all of the remainder of the coat of said improrremente 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 aF~d the real and true owners thereof shall be assessed against such prope~rtiea and the real and true owners there- of and shall constitute a first and prior lien upon each properties attd a personal liability of the real and true awners there of and shall be payable to-wit When the improvementa~ acre completed and accepted by the City on a particular unit, the sua-e as-sewed against property abutting upon such completed and accepted units shall be and became 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 9~n such installments after the date of completion and acceptance of such respective unit The entire amount assessed against the particular parcels af. property shall bear interest from the date of such eompletian 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 installment matures provided that any owner shall have the right to pay any and ail of such Snstallanet~t 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 installment pramptl3 es the same matures, then at the option of the City o.~-For Worth or its assigns, the entire amount of the esseeseeent 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 spacial 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 acting 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 snore than forty-eight tqual regular tnonehly installments of not less than $9 00 each the first of such installments to become 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 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 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 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 traaigns, 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 1 ins 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 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 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 TY'iana~:e Paving X. EXCdVdtlilq COmpdn.y 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 Triangle Pavjl1a &. xcavi-tg .om~any 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 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 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 coat 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 assesamenta 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 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 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 Acta 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 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 t ~' City of Fort Worth, `texas .IVlayor and Coa.~r~.cal Coa~-~.~,-a,~~aa,cataon DATE REFERENCE SUBJECT Award of Contract - Assessment PAGE NUMBER Paving of Edwin and Mistletoe Avenues in 9/15/81 **C-5869 Forest Park Place Addition iot~_ City Council action is requested on Project No 029-036-638 as described below Roadway ROW Unit Street Limits Width-Feet Width-Feet T Edwin Avenue From west property line of 30 50 Lot 4-R, Block I, Forest 80 in Cul-de- 100 @ Cul- Park Place to east 125' sac de-sac II Mistletoe Avenue From west property line of 30 50 Lot 13, Block 2, Forest Park 80 in Cul-de- 100 @ Cul- Place to east 175'- sac de-sac Origin of Project This project was initiated in conjunction with Community Facilities Contract No 11814, approved on June 30, 1981 (M&C G-5143), for the development of portions of Block 1 and 2, Forest Park Place Addition Both Edwin Avenue and Mistletoe Avenue are considered,, border streets to the development ~~ Improvements Both streets will be improved with residential-type pavement with concrete curb and gutter and required storm drain facilities The streets are a continuation of existing roadways and ending in an 80' cul-de-sac to provide for improved traffic flow and safety factors Receipt of Bids The project was advertised for bids on August 13 and 20 1981, and the following bids were received on September 3., 1981, with 35 working days allotted to comple the project Bidder Amount Triangle Paving & Excavating Co $26 811 50 APAC-Texas Inc $30 553 90 Joseph Chie Contractor, Inc $37,132 00 Bob Moore & Bob Moore, Inc $38 193 18 Pate Jones Asphalt, Inc $42 846 55 Austin Road Company $43,318 59 Ed Bell Construction Co $44,417 85 Randall & Blake Inc $49 936 40 :~ ;~' ~Y~ DATA REFERENCE SUBJECT Award Of Contract - Assessment PAGE NUMBER Paving of Edwin-and Mistletoe. Avenues in 2 °r 2 **C-5869 Forest Park Place Addition 9 5 81 Project Cost and Financing in keeping with standard assessment paving policy, .approximately $9,050 83 is proposed to be assessed against adjacent properties all of which are zoned "Re~identia.l" Funding for the property owners' share of construction cost will be provided for by a bond fund transfer from the Revolving Fund Unspecified account Cost to the City for construction is approximately $17,760 67 plus $3,753 61 for engineering Sufficient funds are available in the project account for the City's total cost Recommendations It is recommended that i 1 The following bond fund transfer Abe approved From To Amount Reason r ../ 094-009-901-00 094-036-638-00 $9,050 83 To provide funds for Revolving Fund Edwin & Mistletoe property owners' Unspecified Avenue share of construction cost 2 An ordinance be adopted D pRpINANCE NO ~~ I ~ ADOPT`E 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 amounts t0 be assessed Da Awarding the contract to Triangle Paving & Excavating Co , in the amount of $26,811 50 based on their low bid E Making appropriations to cover the indebtedness thereby incurred for n improvements of the project names above and ~ ~ ~ d ADOPTED ORDINANCE X10 V d t di b 3 A e nance e a op n or A Approving the estimates of costs and amounts proposed to be asse,s~ed and B Setting October 13, 1981, as the date for the benefit hearing ~PP~®VED ~Y ~ GG plg CI~'`Y COi1NCIL Attachment SEP Y5 1981 ,c.~t-R--~ _ oc>:atary of the ®} ~'OxC i~0;thy xexa~ SU9MITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: CITY SECRETARY 4 FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt Ext. 7805 DATE