Loading...
HomeMy WebLinkAboutOrdinance 8484~~, ORDINANCE NO AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF DICKSON STREET _ __ AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO JAMES W. JACKSON, 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 EMERGENCX 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 DICKSON STREET From Hemphill Street to 90 feet west of Alice Street known and designated as Project No '029-24277' III Each. of the above described potions 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 UICKSON STREET From Hemphill Street to 90 feet west of Alice Street, known and. designated as Project No 029-24277 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 driveway approaches will be constructed where specified 1 ~'he above` together with concrete Curbs, gutters d>`ii-eiaays and incidentals td such impYOvemeneR oil proper grade and line where same are not already eo constructed, together with storm sewers and drains and other necessary incidentals and appurtenancee ill of said improvements t.o be constructed as and ~shere shown on the Plana and $peciftcationa therefor 1V T`he cost of amid improvements ae herein defined shall be paid for as follows, tA~wit A The. property abutting tin that pertion of the street avenue or public place end the reel and true owners thereof shall pay alt of the coat of curbs and gutteii~s in franc of Chair property and not exceeding nine-tenths (9/lOths) of the estimated cost of the remainder of such improvements 1$ the ~ft~+ of Fort Werth shall pay all of .the rern~iinder of the cost of said ir»pro~-ements after deducting tha amounts herein specified to 'be paid by the abutting pt`opertieii sad ttie real and true owners thereof ae set out in subsection A Tt-e iwrriounta payable by the abutting properties and the reel and true owners ~haxeaf shill be aesesaed against such properties end the reel and true owners there- of sad ehely constitute a First acid pixior iien upon ouch properties and a personal ~Yiability of the zeal and true c+wiere there of end sh+~ii be payable to+wit When the i:tnpravements are caa-pieted aitd accepted by the City on a particular unit, the auras assessed agAinet property abutting upon such completed and accepted units ahali be and become payable in Five (~) eq.ual installments due respectiveiy ot- or before th$rt~r (30) days, end one ~1), two (2), three (~) end four (4) years i'roin the date of such completion and acceptance anal the assessments against the pro- peirty abutting upon the remaining units ae'holl be otsd become due and payable in such intitallmants after the date of completion sad acceptance of such respective unit This ernti.re amount assessed against the particular psircels of. property shall bear fti9tereat from the dlsCe of such completion end acceptance of the improvements on the unit updr- whir.h the pertic~ii.ar property abate at the rate of eight ($%) percent per e~itnuini payable snnusll.y except ae to intetrest on the first inetalinrent, which shail be due apd pay~abXe ran ktre date said inskalln-enr m+eweures provided that any owner shall Piave the Tighe to pay aiip and +~il og such ~.nsealln-eiit se shy trine before cn ~aturity by paying pYincipal with intexest ayccrur`u eo the date of payment and further provided if default ba made in the psyererit of any installment promptly E~ the same matures, then at the option of the City o~ pbrt Worth or its assigns, the entire amrsunt of the assessment upon which such default is o~ade aha11 be and become imaredi- ately due and payable but it is specifically provided that no assessments shall in any ciise be made against any property orr atiy owner th+rreof in excess of the special benefits to pi•aparty in the enhanced Trains thereof by tneanb of said impicoversenta in Che unit upon which the particular p>roper;ty abutlr, as aucert`ained at the hearing pro- vided by the law in force i.n the City, nor shall any ssst~esment be made in any case until after notice of hearing ss provided by law Said a'sseiiamenta against the tiespecti.ve lots rind parcels of property grid owners thereof shall be evidenced by Certificsiteb of a special aasease-ent which shall be executed in the name of the City eF Dort Worth, 1PROilYDgD, haioever that acting through its duly authorised Director of Public Wor'~e the City of Fert Worth retaining the right to authorised payment of the some asseaeed against abutting property upon such completed and accepted unit in not mare than forty eight equal regular nwnthly ix',stellmenta of not less than $4 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 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 i 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 a8sesament 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 11ASb of the re- vised Civil Statutes of Texas as amended, and the bid of ~am_s W_ la_kson, Tnr_ 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 James ~1_ ~a. n, Inr_ 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 State 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 asaeasmenta 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 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 ancf the assessments against the property shall be valid XI The Director of Public Works of the City dr 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, grid 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 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 DAY OF , 1~ APPROVED AS TO FORM AND LEGALITY j ~ ~ C~ IN City Attorney DATE REFERENCE SUBJECT Award of Contract - Assessment PAGE NunnsER Paving - Dickson Street from 12/8/81 ~~ C-6034 Hemphill Street to 90' West of 1of 2 Alice Street City Council action is requested on Project Nos 013-024-277-00 (Engineering) and 029-024-277-00 (Construction) as described below Roadway ROW Street Limits Width-Feet Width-Feet Dickson Street Hemphill Street 40 60 to 90' west of Alice Street 30 at Alice 50 at Alice Street Street Origin of Project In November, 1978 the staff received a request to improve Dickson Street from Hemphill east across the railroad to alleviate uncontrolled parking and blocking of the: street to through traffic Dickson Street is designated as a collector street in the Southside Sector Plan On December 5 1978 (M&C G-4005) the Director of Public Works was authorized to design and advertise the project for bids The project has been delayed due to the MKT Railrood tracks intersecting the street On February 3 1981 (M&C C-5511), the Gity Council approved an agreement with th.e Railroad Improvements This segment of Dickson Street will be improved with industrial grade concrete pavement with concrete curb and driveway approaches Storm drain improvements consist of subdrain pipe and appurtenances Receipt of Bids The project was advertised for bids on October 29 and November 5 1981, and the fo~.lowing bids were received on November 19 1981 with 80 working days allotted to complete the project Additional working days were allotted to allow for paving between seven sets of railroad tracks Bidder Amount James W Jackson Inc. $89 417 00 Walt Williams Construction Inc $93 670 75 J L Bertram Construction & Engineering Inc$97 998 50 SRO Asphalt Inc $105 555 00 Austin Road Company $115 194 02 Project Cost anal Financing Based on standard City policy and the low bid approximately $55 326 82 is pro- posed to be assessed against adjacent properties all of whir_h are zoned "Industrial" Funds for 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 far construction is approximately $34 090 18 plus $15,200 89 for engineering Bond fund transfers are required from the Assessment Paving Unspeci- fied and Engineering Unspecified accounts to provide for the City's construction ,,~. DATE ` REFERENCE SUBJECT Award of Contract - Assessment PAGE NUMBER Paving - Dickson Street from _2_ot_._2_ 12~'8,i81 ** u ~ ~ Hem hill Street to 90' West of Alice Street and engineering costs Tn addition to the above cost to the City for railroad crossing and signaliza- tion improvements is estimated to be $48 3009 as outlined in M& C G-5511 Recommendations Tt is recommended that 1 The fallowing bond fund transfers be approved Prom To Amount Reason 094-009-901-00 094-024-277-00 $55 326 82 To provide funds for the Revolving Pund Dickson Street property ®wners' share of Unspecified Hemphill to 90' west construction cost of Alice 029-024-901-00 029-024-277-00 $35 000 00 To provide funds for the Assessment Paving Dickson Street City's construction cast Unspecified Hemphill to 90' west of Alice 013-095-901-00 013-024-277-00 $15 500 00 To provide funds for Engineering Dickson Street the City's engineering Unspecified Hemphill to 90' west costs of Alice 2 An ordinance be adopted AD~PTE© ORDINANCE NO ~ `~~ A Declaring the. necessity for and ordering the improvements B Making provisions for levying assessments C Directing the Transportation/Public Works Department to prepare estimates of costs and amount to be assessed D Awarding the contract to James W Jackson Inc in the amount of $89 417 00 based on their low bid Making appropL~°iations to cover the indebtedness thereby incurred for improvements of the project named above and 3 An ordinance be adopted ADOPTED ORDINANCE NO ~'~~~ A Approving the estimates of costs and amounts proposed to be assessed and B Setting January 5 1982, as the date for the benefit hearing APPROVED BY CITY COUNCIL CC plg DEC 8 1981 SUBMITTED FOR THE CITY MANAGER'S ' DISPOSITION BY COUNCIL: PROCE FA BY OFFICE BY ^ APPROVED ( ORIGINATING ~ ^ OTHER (DESCRI _ j, ec;eta y of tha DEPARTMENT HEAD: Cia Santerre C of Fort do~.tji~y ~'~it]ETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt, Ext 7805 DATE