Loading...
HomeMy WebLinkAboutOrdinance 8345 ORDINANCE NO ~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF RAIDER ROAD 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 APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED MAKING PROVISIONS F'OR 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 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 tb 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 Raider Road From So Pipeline. Road to Tube Drive known and designated as Project No 013-36468, Unit I UNIT II So Pipeline~Road UNIT III Bell Drive UNIT iV Tube Drive From Highway 183 to Raider Road known and de- signated as Project No 013-36468 Unit II Fram So Pipeline Road to Tube Drive known and designated as Project No 013-36468, Unit III From Reves Drive to Raider Road known and de- signated as Project No 013-36468 Unit IV 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 RAIDER ROAD From So Pipeline Road: to Tube Drive, known and de- si~gnated as Project No 013-36468,Unit I, a sevbn~:iil~ch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high super- imposed concrete curb on a forty-foot roadway Si.x-inch thick concrete driveways will be constructed where specified UNIT II SO PIPELINE ROAD From Highway 183 to Raider .Road, known. and designated as Project No 013-36468 Unit II a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a forty-foot roadway Six-inch thick concrete driveways will be constructed where specified UNIT ITI BELL DRIVE From So Pipeline Road to Tube Drive known and de- signated as Project No 013-36468, Unit III a seven- inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a forty-foot roadway Six- inch thick concrete driveways will be constructed where specified UNIT IV TUBE DRIVE From Reves Drive to Raider Road known and designated as Project No 013-36468, Unit IV a seven-inch thick reinfo~~ced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a forty-foot roadway The above together with concrete curbs gutters driveways and incidentals to such improvements, an proper grade and line where same are nat_already so 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 Plans end 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 or public place and the real and true owners ehereof shall pay all of the cost of. curbs and gutters in front of. their property and not exceeding nine-tenths (9f10ths) of. the estimated cost of the remainder of such improvements B The City of Fart Worth shall pay all of the remainder of the coat 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 owne~ra 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 Gity on a particular unit, the sums assessed against property abutting upon such completed and accepted units shall be and become payable in five (5) equal installments due respeetively on or before thirty (30) days and one (1) two (2), three (3) and four (4) years from the date of such completion end acceptance and the assessments against the pro- perty abutting upon the remaining units 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 sueh completion 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 thi~t~-any owner shall Nava the right to pay any and all of such installment at any time before maturity by paying principal with interest accrued to the date of. payment and further provided if default be onade in the payment of any installment promptly es the same matures, then at the option of the City of. Foi^t Worth or its assigns, the entire amount of the assessment upon which such i~efault 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 to property in the enhanced value thereof by means of said improvements in the unit upon whieh the particular property abuts, ae ascertained at the hearing pro- vided by the law in force in the City, nor shall any asaeasment 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 aaaesament which shall be executed in the name of the City of Fort Worth, PROVIDED, however, that acting through its duly authorized Director of Public Storks, 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 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 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 .f.ixing 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 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 eeaeasment 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- wised Civil Statutes of Texas as amended and the bid of APAC-TEXAS, 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, 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 VZI 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 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 shell 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 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 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 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 Che 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 e ~ DAY OF „_,_,~., 19~ APPROVED AS TO FORM AND LEGALITY Ci~ -.~-' City Attorney DATE REFERENCE SUBJECT Contract Award - Assessment PAGE NUtitBER Paving of Streets in Bell 3 5j19j81 **C-5688 _ Industrial District lof City Council action is requested on Project Nos 013-036-468-00 (Engineering) and 029-036-468-00 (Construction) as described below Roadway Roadway Unit Street Limits Width-Feet Width-Feet I Raider Road S Pipeline Road to 40 50 Tube Drive II South Pipeline SH 183 to Raider Road 40 50 Road III Bell Drive S Pipeline Road to 40 60 Tube Drive IV Tube Drive Reves Street to 40 60 Raider Road Five parcels of property which abut Unit II South Pipeline Road on the north side between SH-183 and Raider Road are within the corporate limits of the City of Euless On October 26 1976 the City Council of the City of Euless in regular session approved the City of Fort Worth's proposal to assessment pave above segment of South Pipeline Road and to assess abutting City of Euless property owners in accordance with City of Fort Worth Assessment Paving Policy The assessment for these five parcels total $51,180 53 In accordance with State law and contingent upon the results of the Benefit Hearing, the City of Fort Worth will forward an ordinance to the City of Euless requesting the ratification and approval of the assessments levied against the owners of the five parcels Origin of Project This project was initiated by paving petitions, signed by the owners of 77 9 percent of the adjacent property and received in the Assessment Paving Office on July 7 1976 In addition on April 5, 1968 (I R 1383) the City Council approved Community Facilities Contract No 5997 for the development of Lot 9 Block 3 Bell Industrial District with a segment of Bell Drive being a border street and on January 17 1978 (M&C C-4057) approved Community Facilities Contract No 9662 for the development of Lot 1 Block 4, Bell Industrial District with another segment of Bell Drive and 800 feet of Tube Drive being border streets NUMBER T COntraC. ., . Qg, _ - _ . _ _ DATE REFERENCE SUBJEC t Award - sessment PACE Paving of Streets .n $ell 2 3 5j19/81 **C-5688 Industrial District °f The project was delayed pending negotiations between the Cities of Euless and Fort Worth to provide water and sewer services to this area in an orderly manner The contract between the two (2) cities was approved on August 18 1980 by M&C C-5223 Construction of water and sewer facilities is now complete on streets in this project Improvements All four units of this project will be improved with industrial grade concrete pavement with concrete curb and driveway approaches Also included are required storm drain pipe and appurtenances Receipt of Bids The project was advertised for bids on March 19 and 26 1981, and the following bids were received on April 23 1981, with 75 working days allotted to complete the project Bidder Amount APAC - Texas Inc $ 716,068 49 J L Bertram Construction and Engineering Inc 723 580 46 Uvalde Construction Company 727,317 60 Austin Paving Company 734,318 49 L H Lacy Company 743,022 57 Southwestern Contracting Company 803 185 00 Project Cost and Financing Based on the low bid and Standard Assessment Paving Policy, approximately $475 331 55 is proposed to be assessed against the adjacent properties including the five (5) parcels within the corporate limits of the City of Euless Funding of the property owners' 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 $240 736 94 and $42,964 10 for engineering, plus approximately $10 000 for construction and drainage easements Sufficient funds are available in the project account for the engineering costs however., a bond fund transfer from the "Assessment Paving Unspecified" account in the amount of $245,UQ0 is required for the City's construction cost ~_ DATE REFERENCE SUBJECT Contract Award - Assessment PAGE NUMBER Paving of Streets In Bell 3 3 5/19/81 **C-5688 Industrial Di r' at Recommendation It is recommended that 1 The following bond fund transfers be approved From To Amount Reason 094-009-901-00 094-036-468-00 $475 331 55 To provide funds for Revolving Fund Streets in Bell property owners' share Unspecified Industrial District of construction cost 029-024-901-00 029-036-468-00 $245 000 00 To provide funds for Assessment Pav- Streets in Bell City's construction ing Unspecified Industrial District cost ~ G ~ 2 An ordinance be adopted ADOP~~D ~P~~~~~~~~ ~~ D a Declaring the necessity for and ordering the improvements b Making provisions for levying assessments 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 $716,068 49 based on their Iow bid e Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above and 3 An ordinance be ado' ted ~ g ~ 4~ a Approving the estimates of costs and amounts proposed to be assessed and b Setting June 16, 1981 as the date for the Benefit Hearing GG ph Attachment PRQI~ED~ B~ ~ ~tT ~ CCU~NCIC 'i ~e a~6E.~ ~X c °ge~P~~c~Ra~,~'~ SUBMITTED FOR THE CITY MANAGER'S _ DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gar L. Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell H, SC mi DATE