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HomeMy WebLinkAboutOrdinance 8442Fi ORDINANCE NO O ~ r~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF NORTH HOUSTON STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO APAC-TEXAS, 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 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 OT° 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 NORTH HOUSTON STREET From 28th Street to Long Avenue. known and designated as Project No 021=2428 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 NORTH. HOUSTON STREET From 28th Street to Long Avenue, known and designated as Project No 021-24'2~S a two-inch thick hot-mix as= phaltc concrete surface course on a six-inch thick cement stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty- foot roadway Six-inch thick concrete driveway approaches will be constructed where specified The above together with eonerete curbs .;utters driveways and incidentals to such improvements, an proper grade and line where same are not already so constructed together with storm sewer;.~ and drains and other necessary incidentals and appurtenances; all of eai:i improvements to be constructed as end where shown on the Plane and Speci'Eications therefor IV The Cost of said improvements as herein defined shalt he paid for as follows, td-wit ,A The property abutting on that portiota of tfie street avenue or public pl~c~ ~~d the real and true owners thereof shall 1sy all of the cost of. curbs and guttet~,in front of. their property and net exceed ng nine-tenths (9/10tha) of. the eseim~~~d cost of the remainder of ouch improvements $ The City of Fort Worth shall pay alt of the remainder of the cost of said ia~frovemenks after deducting the amounts herein specified to be paid by the abutt~n~ 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 tht real and true owners there- of. and dhall constitute a first and prior lien upon •uch properties and a personal liability of the real and true oanera there of and shall be payable to-wit When the improvements-are completed and accepted by the City on a particular unit, t~~ sums assessed against property abutting upon such completed and accepted units bell be and become payable in five (S) equal installments due respectively on or before thirty (~0) days, and one (1), two (Z), three (3) and four (4) years from the date of such completion and acceptance and the assessments against the pro- perty ibutting upon the remaining units shall be and become due and payable in such iastallyd~ents after the. date of comipletion 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 acceptance of the improvements on the unit upon which the particular property abuts at the rake of eight (:8%) percent per annum, payable annually except as to interest on the first installment, which shall be due end payable on the dace acid installment, matures provided that any owner shall hbve the right to pay any and •11 of such t.natallment at any time before o~ cosily by paying principal with interest accrueo to the date of payment and further provided if default be made in the payment of any installment promptly ea the same matures; then at the option of the City of Fort Worth or its assigns, the entire amount of the assessment upon which such default is made shall he and become iemaedi- 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 benefitb 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 ar provided by laror Said assessments against the respective lot• and parcels o£ property and ovnera thereof shall be evidenced by certifidatea of a special assessment which shall be executed in the name of the City of Fart Worth, PROVIAED however, that aetin$ through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorized paye~ent of the home assessed against abutting property upon such completed and accepted unit in not yore than forty-eight equal regular monthly installments of not leas than S9 00 etch the first of. s~~ch 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 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 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 asseaement 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 1 ins and claims except State County School Distriet 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 specisl asseaement 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 _APAC-TEXAS ,III. having been found to be the lowest and best bid for the making and construction of. said improvements the contract there- fore is hereby awarded. to APAC-TEXAS, INC. 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, ae 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 ehail 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 assessments against the property shall be valid XI The Director of Public Works of the City or ~`ort north, 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 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 PASSED AND APPROVED TEAS ~~ ~ DAY OF ~C,~1~~~ , 19~ APPROVED AS TO FORM AND LEGALITY City Attorney ~. `~`~' ~, .1~11~~. ®~r ~~t~ ®f ' J~®~°t ~®rth, ~~~~~ ~~~1 ~®~uc~~c~ll c~~~,~,~~~~c~~~®~ DATE REFERENCE SUBJECT Award Of Contract - ReconstruC- PAGE NUMBER tion of North Houston Street 10/20/81 **r._5A~1 from 28th Street to Long Avenue lot 2 City Council action is requested on Project Nos 021-024-286-00 (Engineering) a 029-024-286 (Construction) as described below Roadway ROW Street Limits Width-Feet Width-Feet North Houston S_treet* 28th Street to Long Avenue 30 60 *Corrected from plans which indicate Avenue Origin of Project On July 16 1979 a paving petition was submitted signed by the owners of 58% of the adjacent property requesting the street be improved complete with concrete curb and gutter and driveway approaches On August 28 1979 (M&C G-4298 the Public Works Director was authorized to design and advertise the project for bids Due to th.e workload and scheduling considerations on, January 22 1980 (~I&C C-4944) the firm of Yandell and Hiller Tnc , Consulting Engineers was retained to prepare plans and. specifications for the project Improvements This segment of North. Houston Street will be improved by reconstructing the existing residential type pavement and constructing new concrete curb gutter and driveway approaches as indicated on the plans Tn accordance Frith the Council directive of October 14 1980 (M&C TE-366) critical x~,eed sidewalk will be constructed on the west side of the street where none now exists Storm drain improvements will consist of 788 linear feet of concrete pipe and appurtenances Roceipt of Bids The project was advertised for bids on September 10 and 17 1981 and the following bids were received on October 1, 198.1 wa.th 60 working days allotted to complete the project Bidder Amount APAC-Texas Tnc $179 570 S2 Bob Moore & Bob Moore 'Tnc $183 595 83 Austin Road Company $189 028 97 Joseph Chie Contractor Tnc $199 777 ZO Metroplex Paving Co Tnc $216 385 00 SRO Asphalt Tnc $217 926 99 DAT~ REFERENCE SUBJECT Award of Contract - R,econstruc- PAGE ~,,~ '° NUMBER Lion of North Houston Street ~°r~ `' 10/20/81 *^C-5961 from 28th Street to Lon Avenue - - Project Cost and Financing During the preparation of plans and specifications tests of the existing pave- ment indicated that the pavement was constructed to specifications in the past Consequently it was determined to reconstruct the existing pavement and add concrete. curb and gutter and dfiveway approaches. which are non-existing along most of the length of the project As a result and in .accordance with standard reconstr,~tction policy adjacent properties will be assessed for curb and gutter and/or gutter only where none now exist as well as concrete driveway approache Cost to the adjacent property owners by assessment is $46 372 34 which will be provided for by a bond fund transfer from. the Revolving Fund Unspecified Cost to the City for construction .s approximately $133 198 18 plus engineering Sufficient funds are available in the project account for the City's engineering costs however a bond fund transfer is required from the Assessment Paving Unspecified Account for construction cost ppRpVED B~ ~ Recommendations ~ ~ CO~NC~L ~~ It is recommended that 1981 4CT ~Q 1 The following bond fund transfers be approved ~~ '` From To Amount. Reason eoxetary >: the Ci oxt Worth, Texas ~ °f~ r the property 094-009-901-00 094-024-286-00 $ 46 372 34 To provide fufld Revolving Fund North Houston St owners' construction cost 029-024-901-00 029-024--286-00 133 500 00 To provide funds for the City's Assessment North Houston St share of construction cost Paving Unspeci= 28th to Long f ied ~ ~ ~~ ADOPTED ORDINANCE N~ 2 An ordinance be adopted A Declaring the necessity for and ordering the improvements B Making provisions for levying assessments C Directing the Transportation/Public Works Department to prepare estimate of costs and amounts to be assessed D Awarding the. contract to APAC-Texas Tnc in the amount of $179 570 52 based on their low bid E Making appropriations to cover the indebtedness thereby ~~®~~~ ~r improvements of the project named above and CITY COUNCIL ~ 3 An ordinance be adopted ApOPTE© ORDINANCE N~ ~~4 = ~~ 1981 A Approving the. estimates of costs .and amounts proposed to be asses an B Setting November 17 1981 as the date for the benefit n,ga Ci ecxetarq of the GG plg C of Fore Worth, Texas SUBMITTED FOR THE CITY MANAGER'S DISPO N-BY COUNCIL: PROCESSED BY OFFICE BY: ^ APPROYED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: a _ CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT 7 DATE