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HomeMy WebLinkAboutOrdinance 8438;: ..,. 1 ORDINANCE NO ~~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF HiN FN cTRFFT AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO METROPLEX PAVING CO ,INC. AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION MAKING APPROPRIATIONa FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED MAKING PROVISTONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWN)~RS 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 AIRECTOR 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 ANA 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 HULEN STREET From Old Grandbury Road to Oakmont Parkway known and designated as Project No 029-36651 -~ 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 HULEN STREET From Old Granbury Road to Oakmont Parkway known and desig- nated as Project No 029-36651, a seven-inch reinforced con- crete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on two thirty° six foot tarffic lanes Six-inch thick concrete driveways will be constructed where specified ;.: Ilse above together with concrete curbs guttt~rs driveways and in~iclt~nrAle to such i.mprovementg, 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 imlrovements to be constructed as and where shown on the Plana and Specifics ions therefor IV The cost of said improvements ea herein defined shall. he paid f.or a4 follows, to-wit A 'The property abutting on that porr_i.on of tfie street evenuP nr public place end the real ens true awnera thereof shall pay a~l:l of the coat of curbs end guttexe in front of. their property and toot exceeding nine-tenths (9/lOths) of the estimated coat of the remainder of such improvements B ~l,e Ci.ty of Fort Worth shall pay all of the remainder of the cost of said improvemea?t.s 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 shutting properties and the real and true owners thereof shall be assessed against such properties and the real and true owners there- of and bhell constitute a firrst and prior lien upon such properties and a personal liabiliky of the real and true owners there of and shall be payable to-wit When the Yaiprovements are completed and accepted by the City on a pnrc.icut.ar unit the soma assessed against property abutting upon such completed end accepted units shall be and become payable in five (S) equal installments due respectively on or before thirty (30} days and one (l) 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 ttie remaining unite shall be end become due and payable in such instal~iMente after 'the date of completion and acceptance of such respective unit 'The ent~:xe amount assessed against the particular parcels of. property shall bear interest from the date of. such completion and scceptance of the improvements on the unit upon which the particular property abuts at the rate of ei.gl~t (8%) pFrrenl Pct annum payable eettnuall.y except as to interest on the first inatal.iment which shall be due and payable on t-he date said i.nstal.lmenr matures provided that any owner shall h6ve the right to pay any and all of ouch .instalta+ent at any time before maturity by paying principal with interest accrueu to the date of payment end further provides if default be- made in the payment of any installment promFtl} as the acme matures, then at the option of the City of Fort Worrth or its assigns the entire amount of the aasesstoent upon which such default is made shall he and become immedi.- ately due and payable but it i.a specifically provided that no aaeesamenta shall in any cast be made against any property ar any owner thereof in excess of the special benefitl~ to propaPty in the enhanced value thereof b}r means of said improvements in the unit upon which the parr.t.cular property abuts, ae ascertained at the hearing pro- vided by the law in farce In the City nor shall any assessment be made in any case until eiit.er ~yotire of hearing as provided by lea Sed aeseeamente against the reepect~.ve loth and parcels bf property and owners thereof shall be evidenced by certifiCatee of a special assessment which shall be executed in the name of. the City of Fort Worth )?ROVTDED however that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorized pAVmr.nt of the b1~-aa assessed against abutting property upon such completed and accepted unit in not more than forty-ei~hr equal re~ul.ar monthly inatallmente of nor. lean thAn $9 00 eMch 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 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 assigns, 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 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 11QSb of the re- vised Civil Statutes of Texas as amended and the bid of Metrc~j~Px payinav Cn_ Tnc_ 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 M -rod ex Paving ~js, 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 'f 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 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 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 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 terms of the powers and provisions of tht 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 %IV This ordinance shall .take effect and be in full force and effect from and after the date of its passage PASSED AND APPROVED THIS ~p ~ DAY OP , 19 ~'f APPRW ED AS TO FORM AND LEGALITY .JC/f',//~ n~~ City Attorney r ~l DATE REFERENCE SUBJECT Award of Contract - Helen Street PAGE NUMBER ~! mprove.^nents Gra.nbury Road to Oakmont i or ~ 106 81 ~~ C-5 33 Parkwa in Santa F'~_Southwest Industrial Park City Council action is req~~ested on Project No 029-036-b51-00 as described be Street Limits Roadway Width-Feet ROW Width-Feet Helen Street Old Cranbury Rand to Oakmont Two 36' .lanes 120' WJ28' Median Origin and Background of Project On November 4 1968 ~M&C C-T.354) ,the City Council approved Community Facilities Contract No 6190 with Santa Fe Land Improvement Company which provided for construction of a portion of the above described length of H~.alen Street as an interior street to ~.,ot 1 Block 1 Santa Fe Southwest Industrial Park Sub~e- quently on August 31 193 ~M&C C-2620) the City Council approved an updated Community Facilities C~;~~~.tract No 7649 with Santa Fe Land Improvement Company providing for the same improvements as the earlier ~;ont.ract and in Aug~~.st 1.975 Contract No 7649 was amended to provide for the adjustment oaf water and sanitary sewer f'ae.::~..lities or~l.y The developer has since sold a p^rtion of the land adjacent to the west side of Helen Street to 84 Lumber Company and is now financially in a position to improve Helen Street The project was advertised for bids with favorable results however a mutual agreement could not be reached with 84 Lumber Company as to equitable costs for the improvements Consequently a. r~ew community facilities contract is imminent wh~'t"~~.n tY~e developer is requesting the City to award the contract for the improvement of Helen Street on an assessment basis and Santa Fe Land Improvement Company has deposited with the City the full developer's shag of the cost whereas 84 Lumber Company's normal share of cost wi11 be assessed against trieir property 'Improvements This segment of Hul.en Street will be improved as a double 36' wide thoroughfare by construction of 7 thick concrete pavement with superimposed concrete curb and c~r~vEway agproaches,where specified Included is a, cross-over for a future street and turn lanes, where required Storm drainage facilities consist of a concrete culvert and 390' of pipe and appurtenances Receipt of Bids The project was advertised for bids on 3uly 8 and 15 1981 and the following bids were received uii ,luly 22 .~"31 by Farr.i~gtus~ aiiu assc~~..iaLe~ c,~a oehaii of Santa Fe Land Improvemern.t Company with 200 working days. a~_lotted to complete the project DATE ~~ REFERENCE ~ SUBJECT Award of Contract - 1'l~len Street PAGE ' .1 ~ NUMBER ... improvements Granbury Road to Oakmont 2 of 3 ~~C-5933 p~~kwa~r °n~ Santa_Fe Souk ~' P~:rk Bidder Amount Metroplex Paving Co Inc $475 022 23 J L Bertram Construciton & Engineer:~ng Inc $515 541 60 Austin Road Company $544 441 88 APAC-Texas Tnc $561 849 7.5 Metroplex Paving Company lnc has agreed by letter to allow the City to award the contract in lieu of the developer and to extend the validity of the proposal to October 6 1981 Project Cost and Financing Based on standard development policy for an anterior street cost to Santa Fe Land Improvement Company is $245 974 54 which has been deposited in the project account to provide for' partial payment to the contractor Under normal assess- ment paving policy cost to $4 Lumber Company is $27 378 42 which. will be provided for by a bond fund transfer from the Revolving Fund Unspecified Account Cost to the City for construction is $201 669 27 and approximately $46 994 42 for engineering plus $4.,,448 50 for the City's portion X25/) of an existing sanitary sewer adjustment in the proposed roadway Bond fund transfers are required from the Streets in New Additions Unspecified Account for the City's construction ~GGSt and from the Engineering Unspecified Account for engineering Recommendations Tt is recommended that 1 The following bond fund transfers be approved From To Amount Reason 027 094-009-901-00 094-036-651-00 $x'378 42 To provide funds for Revolving Fund Unspeci- Hulen Street Granbury the property owr±ers' fied Road to Oakmont Parkway share. of constructio cost 029-036-901-00 029-036-651-00 $206 500 ~ To provide funds foie Streets in New Additions Hulen Street Granbury the City's construc- Unspecified Road to Oakmont Parkway tion cost 029-095-901-00 029-036-651-00 $rZ~~,000 ~ To provide funds for Engineering Unspecified Hulen Street Granbury the City's engineeri Road to Oakmont Parkway salaries 2 An ordinance be adopted A Declaring the ne~.cessity 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 to be assessed D Awarding the contract to Metroplex Paving Company Inc in the amount of $475 022 23 based on their low bid .-~ r1 ~~ .DATE REFERENCE SUBJECT Award of Contract - ulen Street PAGE ~ ;, NUMBER Improvements Cranbury Road to Oakmont 3 of 3 6 81 ** C-5933 Par 1n ~ Park E Making appropriations to cover the indebtedness thereby incurred for improvements'"b~~;~..~.he project and 3 An ordinance be adopted A Approving the estimates of costa and amounts proposed to be assessed and B Setting November' 3 1981 as the date for the benefit hearing GG p1g ,.~, APPROVE 6~~ CITY COUN~~t~ 0~'r ~ j~~ ~~ ~ . Cl ecxetary o£ the of host Woxth, Texan A'OOPTED ORDINANCE ~`~~ SUBMITTED FOR THE ~^1 CITY MANAGER'S DISPOSITION BY COUNCIL: ~"'~ PROCESSED BY OFFICE BY: APPROVED ^ ORIGINATING ~ ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Ga.Y°' Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt, EXt 780.5 DATE ~'4,~