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HomeMy WebLinkAboutOrdinance 8450ORDINANCE NO $ 4.~ O AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION nF NORTH HOUSTON STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO WALT WILLIAMS CONSTRUCTION, 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 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 COUNC'TL 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 NW 25th Street to NW 26th Street known and designated as Project No '029-24298 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 NW 25th Street .to NW 26th Street known and designated as Project No 029-24298, 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 construct- ed where specified 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 asseaament 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 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 asseaament 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 adds tonal 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 Wdlt W1111dmS Construction InC having been found to b~e the lowest and best bid for the making and construction of. said improvements the contract there- fore is hereby awarded. to Walt Williams Construction. Inc v 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 ~~~ shows; 'together with concrete curbs gutters driveways and incidentals Eo such atptbvements, ari proper grade and line where same are not already -- eo constructed; together with store, sewers and drains and other necessary incidentals end appurtenances; all ~~ said improvements to be constructed as and there shown on the Plans and Specifications therefor ~~ The coat bf said iroproves7ente as herein defined shall be paid for as ~ollbws; to-wit A the property abutting oh that portion of the street avenue or public place end the teal and true ewntrg thereof shalt pay alt of the cost of. curbs and gutters in f'roht of their prdpextiy ahd not exceeding nine-tenths (9/lOths) of r.he tati~ated poet of the reaainder of such improvements ~ The City of fort Worth shalt pay all of the remainder of the cost of said ~mpt~Va~ant8 after deducting the amounts herein specified to be paid by the abutting properties and the teal end txue owners thereof. as set out in subsection A ~ha e~ourits payable by the abutting properties and the real and true owners thereof shall ~e assessed against such properties end the real and true owners there- df and s~sll constitute a first and prior lien upon such properties and a personal li~bilie~ of the teal and tiro o~nera there of and shall be payable to-wit ~lieri the improvements-are completed and accepted by the City on a particular uoitf the su~~ aesesaed against property abutting upon such completed and accepted uniCS s>;sll be and beco~e payable in five (~) equal installments, due r.eapectively on or before thirty (3C) days, aid one (1); two (2); three (3) and four (4) years from the date of etch completion and acceptance and the assessments against the pro- pert~ eh~ttiug open the remaining units mall be and become due and payable in such installments after the daft of Completion and acceptance of such respective unit The entire aiaount aa~e~std against the particular paYCels of. property shall bear interea~ from the date of such completion ahd acceptance of the improvements on the unit upori Which eht ~srticular property abuts at the rate of eight (8%) percent per ennui; psPable annually except as to interest on the first installment which shall be dos and pa~ahlt on the date said installmbnt matures provided that any owner shall have the tight to pay any and all of such installment at any time before maturity by paying pxintipel with interest accrued tb the date of payment and further ptowide~ i~ default ba made in the payment of anf installment promptly as the same tinaCuieg; Cken at th! op.ti.on of the City_®f Port Worth or its assigns the entire amount of the essabasitnt upon which such default is made shall be and become immedi- ately due and payable; but it is specifically provided that no assessments shalt in any cant ba made a$ainet any pYoptrty or any owner thereof in e~ceea of the special benefitw ~o 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 foice in the City riot shall any assessment be made in any ease until efteY notice of hearing as provided ny law Said assessments against the respective loco aid parcels of property and owners thereof shall be evidenced by certificates of a special asstsement which shall be executed in the name of. the City o£ port ~oith; PitOVIbP~ however, that acting through its"`duly authorized Director of public forks; tie City of"Fort Worth retaining the right to authorized payment of the sine assessed against abutting property upon such completed and accepted unit iri not carte than forty eight equal regular monthly installments of not leas than $9 OC each; the first of such installments to become due and payable not more than 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 auff.icient 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 asaeasmenta 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 ao 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 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 a~ B ~ DAY OF „~, l9 8 APPROVED AS TO FORM AND LEGALITY ,r~ City Attorney ~~~ w fat ® 1F®~°t ~®~°th ~~.~~~ 9 .1~csyor and ~oun~~l Comr~~au~,~,cctt~on DATE REFERENCE ' SUBJECT Award of Contract - North Houston PAGE NUMBER ^. '^,~ Str-eet fram NW 25th to NW 26th 1 of 2 City Council action is requested on Project No 029-024-298-00 described below Roadway ROW Street Limits Width-Feet Width-Feet North Houston Street NW 25th to NW 26th Streets 40 80 Origin of Project On July 12, 1979 (M&C G-4230) the City Council adopted a resolution endos~~ing the construction of the Northside Police Sector Headquarters and on November 5 1980 (M&C C-5376), awarded a contract for the construction of the facility On March 4, 1981 (M&C G-4884) the Public Works Director was authorized to prepare plans and specifications for the improvement of North Houston Street from 25th to 26th Streets adjacent to the police facility Impr.~vements This segment of North Houston Street will be improved with industrial-type concrete pavement with concrete curb and concrete driveway approaches as indicate on the plans No storm drain facilities are required Receipt of Bids The project was advertised for bids on September 17 and .24, 1981 and the following bids were received on October 8 1981, with 45 working days allotted to complete the project Bidder Amount Walt Williams Construction, Tnc $79 623 75 M & D Construction. Company $83,517 55 Austin Road Company $89 815 33 Project Cost and Financing Based on the low bid and standard City policy, approximately $41 985 90 is proposed to be assessed against adjacent properties, all of which are zoned "industrial" with the exception of the Police Facility which is zoned for community facilities Funding for the property owners' share of construction cost will be provided for by ~ bond fund transfer from the "Revolving Fund Unspecified" Cost to the City for construction is approximately $37 637 85 plus engineering Bond fund transfers are required from the "Assessment Paving Unspecified" account for the City's construction cost and from the "Engineering Unspecified" account for the City's engineering inspection) cost Recommendations Tt is recommended that DATE REFERENCE SUBJECT Award of Contract - North Housto PAGE NUMBER Street from NW 25th to NW 26th 2 of ~_ 10/28/81 **~C-5968 Streets 1 The following bond fund transfers be approved From To Amount Reason 013-024-901-00 013-021-101-00 $41,985 90 To provide funds for Assessment Paving Contribution to property owners' con- Unspecified Revolving Fund struction cost 094-009-901-00 094-024-298-00 $41,985 90 To provides funds for Revolving Fund N Houston Sheet property owners' Unspecified from 25th to .26th construction cost 029-024-901-00 029-024-298-00 $38,000 00 To provide funds for Assessment Paving N Houston Street the City's construction Unspecified from .25th to 26th cost 029-095-901-00 029-024-298-00 $ 1 150 00 To provide funds for Engineering N Houston Street the City's engineering Unspecified from 25th to 26th inspection salaries 2 An ordinance be ad opted ApOPTE~D ORDINANCE NO ~ ~ Sb A Declaring the necessity for and ordering the improvements B Making provisions for levying assessments C Direcf.ing the Transportation/Public Works Department to prepare estimates of costs and amounts to be assessed D Awarding. the ce~ntract to Walt Williams Construction Tnc in the amount of $79,623 ~5 based on their low bid E Making appropriations to ;over the indebtedness thereby incurred for improvements of the project named above and 3 An ordinance be adopted ADOPTED ORDINA~lCE N(] 84 ~ ~ A Approving the . estimates ®f costs and amounts prop7~sed to be assessed and B Setting November 24, 1981 as the date -f or the benefit hearing GG plg ~pp~pVED BY Attachment CITY CDUN_C11. OG'P ~~ 1~1' ~~~ C~ ecxeCarq of ChA ~ of Fozt Wozth, T~ SUBMITTED FOR THE CITY MANAGER'S SITION BY COUNCIL: PROCESSED BY OFFICE BY: ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT DATE