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HomeMy WebLinkAboutOrdinance 8351n, ORDINANCE NO ~ ~ ~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF McCart 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 TTS EXECU- TION MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED MAKING PROVISIONS FOR THE LEVYING OF ASSESSIrfENTS AGAINST ABUTTING PROPERTIES AND THE OWN~R$ 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 McCART STREET From south property line of Lot 1, Block 10, South Meadow Addition to 1 730' north known and designated as Project Nos 021-36592 & 029-36592 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 McCART STREET From. south property line Meadow Addition to 1,734' as Project Nos 021-36b92 thick reinforced concrete lime stabilized subgrade imposed concrete curb on of Lot 1, Block 10, South north known and designated & 029-36592 a seven-inch pavement on a six-inch thick with seven-inch high super- s thirty-six foot traffic lane i The above together with concrete curbs gutters driveways and incident:al.a to such improvements on proper grade and line where same are not already so constructed together with storm sewers and .d rains and other necessary incidentals and appurtenances all. of said improvements to be constructed as and where shown on the Flans and 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 pi2bi.ic place and the real and true owners thereof shall pay a1.1 of the coat of curbs and gutters in front of their property and not exceeding nine-tenths (9/lOtha) of ttae estimated cost of the remainder of ouch improvements B The City of Fort Worth shalt pay all of the remainder of the cost of acid improvements after deducting the amounts herein specified to be paid by the abutting properties and the real and trut owners Chereaf. 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 the real and tzue owners there- of and shall canstitute a first and prior lien upon ouch properties and a personal liability of the real and true owners there of and shell be payable to-wit When the improvementa~are completed and accepted by the City on a particular unit the sums assessed against property abutting upon such completed and accepted unite shall be and became payable in five (S) equal installments due respectively an 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 aseessmenta against the pro- perty abutting upon the remaining units shall be and became due and payable in such inatallmenta after the date of completion end 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 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 ea id instatlmen~ matures provided that any owner shall have the right to pay any and all of such Snataltment at any time before maturity by paying principal with interest accrues to the date of payment and fuxther provided if default be onade in the payiaient of any installment promptly ss the same matures, then at the option of the City of Fort Wax°th or its assigns, the entire amount of the aaaeasment upon which such default is made shall be and become imeeedi- 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 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 ease until after notice of hearing sa provided by law Said aaaessments against the respective lots and parcels of prvperty and owners thereof shall be evidenced by certificates of a special assessment which shall be executed in the name of. the City of Fart Worth PROVIDPA however, that acting through its duly authorised Director of Public Works, the City of Fort W1~rth retaining the right to authorized payment of. the sums assessed against abutting property upon ouch completed and accepted unit in not more than forty-eight equal regular monthly installments of not leas than $9 00 each the first of. such installments to become due and payable not more than :: r 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 eertificates 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 ie payable which certificates shall be issued to the City of Fort Worth shall recite the terms and time of payment the amount of the asaesament 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 a-sefgns, 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 ~:ns 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 asaesament 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 APAf.-TFXA~_,, TNf._ 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-TFXAS, TN(' 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 exeeute the said contract fn 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 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 anti 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 the Fifth Called Session of the Forty-first Legislature of the State of Texas, and shown as Chapter 21 of the Acts of said Seaeion 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 t 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 r~ (d DAY OF ~, 19„~„ APPRW ED AS TO FORM AND LEGALITY City Attorney dJ ~- ~aty of IF®~°t ~®~°th, ~"~.~cas PATE REFERENCE SUBJECT AWard of Contract - Assessment PAGE NUMBER Pavin 5/26/81 g of McCart Street at South for 2 ~*Cm5692 Meadow .Addition City Council action is requested on Pr©ject Nos 021-036-592-00 (Engineering) and 021-036-592-00 (Construction) as described below Street McCart Street Limits South Property Line of Lot 1, Block 10 South Meadow Addition to North 1730° Roadway Width-Feet 1-36' Lane 60 R 0 W 1t; s r5,_F~ar Origin of .Project This project was initiated in conjunction with Community Facilities Contract No 11188, approved on July 22, 1980 (M&C C-5179), for the development of South Meadow Addition This segment of McCart Street is a border street on the west side of the development Improvements Improvements will include the construction of major thoroughfare concrete pavement with concrete curb on the east 36° wide lane of a future double 36' livided thoroughfare The west lane will be constructed at such time as future development occurs Storm drain facilities will consist of 205 linear feet of pipe and appurtenances This segment of McCart Street ties into existing improvements from the north Receipt of Bids The project was advertised for bids can April 9 and 16, 1981 and the following bids were received on April 30, 1981, with 50 working days allotted to complete the project Bidder Amount APAC-Texas Inc $207 865 66 Austin Road Company 210 556 31 J L Bertram Construction and Engineering, Inc 233,963 34 L H Lacy Company 226 :999 17 Metroplex Paving Company, Inc 235 683 70 Project Cost and Financing In keeping with standard assessment paving policy, approximately $38,159 30 is proposed to be assessed against adjacent properties, .and will be provided for by a bond fund transfer from flee 'Revolving Fund Unspecified" All parcels of ~ .: ==~' DATE REFERENCE SUBJECT Award ®f l.+Qntra~'t - Assessment PAGE NUMBER 2 2 5~26f 81 ~~~ Psving of M~;Cart Street at Soutr. __- of-- C-5692 M~~rlo~,er d~rl ~ i`°i rnn _..- - -- _ property, save. one., are developer owned, zoned "Residential", and will be assessed $15 50 per front foot for pavement and curb The one tract is zoned "E-R Commercial and will be assessed $57 89 per front foot for pavement and garb The developer has deposited $36,320 00 with the City to pay for the developer's street construction cost over and above the normal residential assessment in accordance with the City's Standard Development Policy Cm,st to the City for construction is approximately $1.69,706 36 plus $14,550 60 fox engineering Based on actual bid prices the City`s construction cost wily.. be reduced by $27,285 00 from the developer's deposit as indicated above Sufficient funds are available in the project account for the City's construction and engineering costs Recommendations Tt is recommended that. l The following bond fund transfer be approved From To Amount Reason 094-009-901-00 094-036-592-00 $38,159 30 To provide funds for Revolving Fund Mc.Caxt Street at property owners' share Unspecified South Meadow of construction cost Addition ~~QPTEQ Q~~~~-~~QE ~Q ~ 3 ~ 2 An ordinance be adopted 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-Te~cas Inc in the amount of $207,865 66 based on their low bid e Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above and 3 An ordinance be adopted A~QPTE~ ~fo~4'a~d~CE ~® ~~ ~~ a Approving the estimates of costs and amounts proposed to be assessed and ~~~~~~ ~±~ b Setting June 23 1981, as the date for the BenefiTV rOi~~Y^~~ ~~ ~r Yt~ MAY 26 1981 Attachment Ci ectetnzy of the ~ of J!ozt Wo;th, Texa$ SUBMITTED FOR THE ''; DISPOSITION BY COUNCIL: PROCESSED BY OFFICEABNY GER'S ~ ^ ~ ~' APPROVED ~' ^ OTHER (DESCRIBE) ORIGINATING DEPARTMENT HEAD: Gar r' Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt eXt o 7805 DATE