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HomeMy WebLinkAboutOrdinance 8258 ORDINANCE NO AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF FDFRVTIIF R(lAD _ AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTTNG CON- TRACT TO S. R. 0. ASPHALT, 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 ASSESSI~fENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OP 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 EDERVILLE ROAD In Courtney Oaks from Morrison Drive to 715' east known and designated as Project No '029-36578 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 EDERVILLE ROAD In Courtney Oaks Phase I from Morrison Drive to 715' east, a seven-inch thick hot-mix asphaltic con- crete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a forty-eight foot roadway Six-inch thick concrete driveways will be constructed where specified it `The above together with concrete curbs gutters driveways and incidentals to such improvements on proper grade and line where same are not already so constructed together with storm sewers and drains and other necessary ineidentals and appurtenances all of said improvements to be constructed as and where shown on the Plans and Specifications therefor IV The cost 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 thereof shall pay all of the cost of. curbs and gutters fn front of. their property and not exceeding nine-tenths (9/lOths) of the estimated cost of the remainder of such improvements B The City of Fort Worth shall pay all of the remainder of the cost 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 owners 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 owiners there of and shall be payable to-wit When the improvements-are completed and accepted by the City on a particular unit the soma assessed against property abutting upon such completed and accepted units shall be and become payable in five (5) equal installments due respectively on 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 assessments against the pro- perty abutting upon the remaining unite 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 such completion and acceptance of. the improvements on the unit upon which the particular property abuts at the rate of six (6%) 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 that any owner shall have the right to pay any and all of such i.natallment at any time before maturity by paying principal with interest accrued to the date of payment and further provided 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 .aoseasment upon which such default 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 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 as provided by law Said assessments against the respective lots and parcels of property and owners thereof shall be evidenced by eereificates of a special assessment which shall be executed in the name of the City of Fort Worth, PROVIDgD however, that acting through its duly authorized Director of Public Works, 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 PROVIDED 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 o.f 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 aeseaement 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 men 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 sll 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 il.rns 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 fn 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 assessment for street improvements shall not in- validate any assessment levied The certifieatea 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 S_R_C_A~ha1t~,Tnc_ having been found to be the lowest and best bid for the making and construction of. said improvements tht contract there- fore is hereby awarded. to S RR~ halt, Tnc_ 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 ~. i-~ 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 unless waived The improvements provided for herein shall be made and constructed notice giveri~~ 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 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 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 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 Session of the Legislature said Act having been passed in the year 1930 and now known as Article 1220a of Vernon'a 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 foxce and effect from and after the date of its passage PASSED AND APPROVED THIS ~ ~ DAY OF , 19~ APPRW ED AS TO FORM AND LEGALITY City Attorney ~~ Katy off' ~®rt W®rth, `1Ce.~as J~Iccyor an.~ Coaara.c~l ~orn.~raun.accct~on. --- DATE REFERENCE SUBJECT Amendmeni~ to C~+mmunity Facilities PAGE NUMBER Contract No 11122 (Assessment for 3 C~5489 a °n o Ede °lle.Road and Benefit Hearing History On May 27, 1980(M&C C-5112) the City Council authorized the City Manager to execute a Community F".acilities Agreement with~Paul Cheng ghe developer of Courtney Oaks Addition, Phase I Included in the agreement is the improvement of Ederville Road from its inbersection with Morrison Drive easterly approximat '715 linear feet to the southeast corner of Courtney Oaks Addition Phase I to be constructed 48' widn with concrete curb~~=and gutter :and collector grade pave- ment The agreement indicated the .above segment of Ederville Road to be an xiterior stree.t.saince the developer owns all of the :property on both sides of the proposed roadway Courtney Oaks Ph~se'~I, being on the north side and Phase II on the south side The developer purchased the 10 efts tract of land, zoned "A"-1 Family Residential in August 1979 His plans were to rezone Phase I to "C" Apartment and construct the ~ourtrey Oaks Apartment Complea~ and rezone Phase II to "CR" Apartment and construct a lower density apartment project The zoning for Phase I was approved by the City Council on December 11 1979 However, Phase l~.rezoning was rejected by the City Council on July 22, 1980 A~ a result the developer has been unable to develop Phase II causing a shortage of funds to pay for the south one-half of Ederville Road through the development On December 23 1980 the Public Works Department.received a letter from the developer (Paul Cheng) reiterating the above and requesting that Community Facilities Contract No 11122 be amended to allow the City to award the contract for the improvement of Ederville Road from Morrison Drive to-715' east on the assessment paving basis The developer will pay cash within 45~~days for his shat of the north one-half of the street and the full developer's share of storm drainage cost within the entire roadway He further requested that he be assessed for the south one-half of the .roadway based on normal developer's cost adjacent to residentially zoned property to be repaid in five annual. payments plus 6'/, interest on the unpaid balance annually the first 1/5 being due 30 days after the project is accepted by the City However should the developer be successful in accomplishing a zoning change for Phase II to CR Apartment prior to the full payback of the assessment, then he will pay back the City the full assessment for the south side of the street namely $24 001 55 plus 6% interest Receipt of Bids The project was advertised fo.r bids by the developer's engineer (Farrington & Associates) on October 8 and 15 1980 and the following bids were received on. October 29 1980 .n DATE REFERENCE SUBJECT Amendment to .Community Facilities PAGE NUMBER C-5489 Contrast No 11122 (Assessment. x./20/81 Paving of Ederville Road~~.ixd.,_ ~- of ~- Benefit Hearing Bidder SRO Asphalt I-nc Austin Road Company APAC-Texas Inc SRO Asphalt Inc :January 20, 1981 Improvements Amount $73,565 55~ $79 148 58 $81,520 66 Working Days 35 50 40 has agreed to extend the validity of their bid through This segment ~f Ederville Road will be improved with 7" thick hot-mix asphaltic concrete. pavement wrath concrete curb and gutter plus concrete driveways where specified n the north side of the street Storm drain impro ~mente consist of 336' of pipe and appurtenances 'Protect Cost and Financing Based on the low bid and special provisions of the amended community facilities contract as outlined above the developer will gay $25,914 65 for the north one-half of the street $16 297 for storm drain fao;~lities and $19,909 45 for the south one-ha~.f of the street for a total of $62 114 66, to be provided fc~r by a bond fund transfer from the "Revolving Fund Unspecified" Cost to the City for construction will be $11-444 45 requiring a bond Band transfer from the Streets in New Additions Unspecified Account" to supplement funding existing in Protect. No 02~-036-578-00 Recommendations It is recommended that the following items be approved and adopted in the sequence in which they are-set out herein 1 Commun:gty~Facilities Agreement No 11122 b.e amended as outlined above 2 The following bond fund transfers be approved From To Amount Reason 029-036-901-00 029-021-101-00 $62 500 To provide funds in Streets in New Addi- Revolving Fund Contribu- the revolving fund bons Unspecified Lion contribution account 094-009-901-00 094-036-578-00 $62 121 ~.0 To provide funds for Revolving Fund Revolving Fund Assess- property owners' share Unspecified meat Paving of Ederville of construction cost Road in Courtney Oaks Add:ftion Phase I 029-036-901-00 029-036-.578-00 $11 500 To provide funds for Streets in New Assessment Paving of City's additional Additions Unspec%f~ed ;Ederville Road in cost of construction `(~~urtney Oaks Addition Phase I DATE REFERENCE SUBJECT Ameridment: r'O Communit:y F'ac:ilit~.e PAGE NUMBER Ccntra>=: t. No 111,22. (.Assessment 3- of ._~_ _.___.____- 1'~~faa~~g of_._1.cle;r:_`ril_1,,E_._Road~_-and -.---_-~~ --1..t_~Q.~__$~..____-- --._-.-- C 54 H 9 lianef i.}_ Ilc~,ar in} 3 An a~rdinance be adapted a Dec~.laring the necess:it:y for. and ordex'ing the improvements b M~k.i:ng provisions fot levying assessmen.t.s c Direc i t.ng t:he Paxb:l.ic War. ks DepaT.°t:ment.: r.o px epa.re estimates oJ- costs and amounts t' be assessed d. Awal d ing t:he c~.~?trac.t to SRO Asphalt. Tnr in the amount. of $~:~ 565 S.5 bard n fi.heir low b:id e Making appxc^px i.at.ions t.o _r~:er t:he :indebt: edness thereby l.n ~,'<TZ.ed fa;r i..mpxovements of the pxcaje.*.:.t named above anal [Jpon a compl.ishme.nt. of kcco~mmendat.ion 3 an ord:in.an e be adopc:ed App.K OV ing the E t:imat:es o:t c:ost-s and amo~r.~nt.s proposed to be assessed and b Se:t:t.ing Jan~xary 20 198.1., as t:he date. for the benefit hearing s:ub~er_t t.~ and. Gc,ndi_t::iLor!.~:d upon re.c.eipt of Waitier of Not:i.ce of Benefit Hearing and. 5 Upon accompli hmen_x. 01 lte.co~ntmendat.on 4 a:n ordinance be adapted cl.os.ng the benefit: hearing and l.e~~y:i.ng the. assessment.:s as proposed ~~ t~ p . g li x a h men. ~. r ~ i ~~ 1 _) ..r _. r • ~... c 4t SUBMITTED FOR THE CITY MANAGER'S !~~_ DISPOSITION BY COUNCIL: PROCESSED BY OFFICE-BY__ ~~~~~/ L~~~ ,. l1 APPROVED `~ ~re~ ~-1 OTHER (DESCRIBE) ORIGINATING ~"L8 I;d DEPARTMENT HEAD G xx ~iW n - "'~~` 1 p (if CITY SECRETARY ~~ ~-. _ .~ FOR ADDITIONAL INFORMATION CONTACT Odell. Schmidt E:xt ?HOD DATE ADOPTED ORDINANCE NO 8258 DETERMINING NECESSITY AND ORDERING IMPROVEMENTS ORDINANCE NO 8259 SETTING BENEFIT HEARING JAN 20 Y981, ORDINANCE N0. 8260 GIASING __ HEARING & LEVYING ASSESSMENTS