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HomeMy WebLinkAboutOrdinance 8367~. ORDINANCE NO ~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF EDERVILLE ROAD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT To _METROPLEX PAVING CO., 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 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 EDERVILLE ROAD From Oakland Boulevard to Menzer Street., known and designated as Project No 021-22157 III Each of the above described portions of streets, avenues and public places in the City of Fort Worth, Texas, sh$Il be improved by raising grading, and filling same and by constructing thereon the following, to-wit EDERVILLE ROAD From Oakland Boulevard to Menzer Street known and designated as Project No 021-22157 a two-inch thick-hot-mix asphaltic concrete surface course on a seven-inch thick cement stabilized base and by constructing or replacing concrete curb, gutter and driveways where necessary The finished road- way will be forty-feet wide from Oakland Blvd to Normandy Drive and thirty-six feet wide from Norm- andy Drive to Menzer Street ~F 9 The above together with concrete curbs, gutters driveways and incidentals to such improvements, on proper grade and line where same are not .already sa 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 Tana and Specifications therefor ~v The cast 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 alt of the cost of. curbs and gutters in 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 coat of. said improvements after deducting the amounts herein specified to~be paid by the abutting properties and the real end true owners thereof. as set out in subsection A '!'he amounts payable by the abutting properties and the real and true owners thereof shall 6e assessed against such properties snd the real and true owners there- of snd 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 City an a particular unit, the sums assessed against property abutting upon such completed and accepted unite shall be snd become payable in five (S) equal installments, due respectively on or before thirty (30) days and one (1), two (2), three {3), and four (~) years from the date of such completion and acceptance and the assessments against the pro- perty abutting upon the remaining unite shall be snd become due and payable in such installments after the date of completion and acceptance of such respective unit 'fhe entire amount assessed against the particular percela of. property shall bear interest from the date of such completion and acceptance of the improvements on the unit upon which the particular property •buta at the rate of eight (:8%) percent per annum, payable annually accept as to interest an the first installment, which shall be due and payable on the date said instattmenr_ matures provided tha~~any owner shall have the right to pay any and •ll of such i.natellment at any time before maturity by paying principal with interest accrued to the data of payment and further provided if default be made in the payment of any installment promptly ae the same matures then at the option of the City of. For"t Worth or its assigns, the anti re aunt of the assessment upon Mhich such default is made shall be and become imneedi- ately due and payable; but it is speeifieally provided that no assessments shall in any case be wade 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, es ascertained at the hearing pro- vided by the law in farce in the City, nor shall any assessment be made in any case until after notice of hearing sa provided by law Said assessments against the respective lots and parcels of property and owners thereof shall be evidenced by certificated of a special assessment which shall be executed in the name of. the City of Fort Worth PRQVIDLD haaever, that acting through its duly authorised Airector of Public Works, the City of Fort Worth retaining the right to authorised payment of the sums assessed agai.net abutting property upon such completed and accepted unit in not mere than forty-eight equal regular monthly installments of not lees ehan $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 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 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 became immediately due and payable together with reasonable attorney s fees and coats 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 ocher 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 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 Metr~plex Paving C°.,,_Tn~ 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 1~letrnnlex Pavin~C.,n-, 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 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 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 or' Fort Worth, Texac 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 X1V This ordinance shall .take effect and be in full force and effect from and after the date of its passage PASSED AND APPROVED THIS c~ ~ DAY OF~.,.,~ , 19~ APPROVED AS TO FORM AND LEGALITY City Attorney Katy of 1Fo~°t worth, ~e.~cas N7ayor aa~ad Coaa~acal ~or-~a,m.~.a~a,icataora, SUBJECT Award of Contract - Ederville Road Improvements from Oakland to Menz City Council action is requested on Project No 021-022_157-00 as described below Roadway ROW Street Limits Width-Feet Width-Feet Ederville Road Oakland Boulevard to Menzer St Origin of Project 40 - Oakland to 56 Normandy 36 - Normandy to 56 Menzer On June 6 1978 (M&C G-3837), the City Council approved the 1976-81 Capital Improvement Program (CIP) which included the reconstruction of Ederville Road fro Oakland Boulevard to Brentwood St~.ir Road The segment from Brentwood Stair Road to Menzer Street was improved in 1977-78 in~conjunction with the development of Oakland Park Estates, leaving the above limits to be improved On December 12, 1978 (M&C .C-4446) the City Coun~.il authorized a contract with Freese & Nichols, Inc , for the engineering services and preparation of plans and specifications for this project Improvements Ederville Road is designated as a two-lane. undivided collector street in the City's Master Thoroughfare Plan requiring a 36-40' wide street At present the street is 30-36' wide with a very ir,surfac'e which is deteriorating and rough in certain areas and portions without curb and gutter and driveway approaches Improvements will include the reconstruction and widening of the base, construc- tion of a new surface new concrete curb and gutter the length of the project and concrete driveway approaches where required Also included in this contract is the construction of a parking lot for the Park and Recreation Department in Oakland Park just south and west of Me~azer Street Receipt of Bids The project was advertised for bids on May 14 and 21 1981, and the following bids were received on June 4, 1981 with 100 working days allotted to complete the project Bidder Amount Metroplex Paving Company Inc $236 9$3 10 Austin Road $244 104 15 Pate Jones Asphalt Inc $245 828 05 Bob Moore & Bob Moore, Inc $245 828 05 L Grimes & Co Inc $252 050 31 APAC-Texas Inc $2:61 641 05 ~~ _, r --- DATE REFERENCE SUBJECT AWard of Contract - Ederville PAGE NUMBER Road Improvements from Oakland to Menzer X23/81 ** C-5739 (1978-81 CTP. P ST-11) 2 °f 3 Project Cost and Financing Standard City policy states that under street reconstruction and widening resi- dentially zoned property and property occupied by non-profit organizations such as churches will not be assessed any portion of the cost except for non-existing curb, gutter and driveway approaches Consequently, based on the low bid unit prices approximately $9 037 09 is proposed to be assessed against those property which do not~have existing curb and gutter and driveway approaches Funding for the property owner's share &f construction cost will be provided for by a bond fund transfer from the 'Revolving Fund Unspecified" Cost to the City for street construction is approximately $207,980 96 and $20;'055 05 for the park parking lot, plus engineering Sufficient funds are available in the project account for the street construction cost Bond fund transfers are required from the 'Park Drives Unspecified" account for the City's parking lot cost and from the "Engineering Unspecified" account for the City's engineering cost Recommendations It is recommended that 1 The following bond fund transfers be approved From To Amount Reason 094-009-901-00 094-022-157-00 $9,037 '09 To provide funds Revolving Fund Unspecified Ederville Road - Oakland for the property to Menzer owner's share of construction cost 021-039-901-00 021-022-157-00 $20,100 To provide funds Park Drives Unspecified Ederville Road - Oakland for the construc- to Menzer tion of parking to in Oakland Park 021-095-901-00 021-022-157-00 $16 600 To provide funds Engineering Unspecified Ederville Road - Oakland for survey inspec to Menzer tion and administr tive salaries, etc 021-022-157-00 021-022-901-00 $125 000 To transfer excess Ederville Road - Oakland Arterial Streets allocation to to Menzer Unspecified Unspecified 2 An ordinance be adopted ADOPTED ORD1~4AOE ISO ~3 G7 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 Metroplex Paving Company, Inc yn .the amount of $236 983 10 based on their low bid ~~ DATE REFERENCE SUBJECT Award of Contract - Ederville PAGE NUMBER Road Improvements from Oakland to Menzer 6 2 ~* C-5739 (1978-81 CIP, P ST-11) 3 °' 3 E Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above and 3 An ordinance be adopted ADOPTED ORDlNAiV~E NO 8'3 ~~ A Approving the estimates of costs and amounts proposed to be assessed and B Setting July 21 1981, as the date for the benefit hearing GG plg Attachment ~T ROVfD C y B1' ~©~~ ci~ J~~ 23 rs81 c~ ec c ~ °p FO'~t h'ofi 4 the ' Tex~$ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: r rre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT DATE