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HomeMy WebLinkAboutOrdinance 8057ORDINANCE NO ~L~.S` 7 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION ~F EAST NORTHSTIIF f1RTlIF AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS LETTING CON- TRACT TO ASHLAND-WARR N_ TNf- 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 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 descrfbed portions of streets, avenues and public places in the City of Fort Worth Texas to-wit EAST NORTHSIDE DRIVE From Trinity River Bridge to Samuel Avenue Bridge, known and designated as Project No '021-36513 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 EAST NORTHSIDE DRIVE From Trinity River Bridge to Samual Avenue Bridge, known and designated as Project No 021-36513, a hot- mix asphaltic surface course on a concrete base with seven-inch high superimposed concrete curb on a sixty- foot roadway Six-inch thick concrete driveways will be constructed where specified rh ~„ 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 incidentals 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 shalt 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 in front of their property and not exceeding nine-tenths (9/lOths) of the estimated coat 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 owners there of and shall be payable to-wit When the improvements-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 become payable in five (S) 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 ae 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 ouch 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 payaten[ of any installment promptly Es the same matures, then at the option of the City of Fort Worth or its assigns the entire amount of the assessment upon which ouch 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 partieular 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 certificates of a special assessment which shall be exeeuted in the name of the City of Fort Worth, PROVIDED 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 i 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 msterialman'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 reapecti.ve 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 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 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 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 i~.~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 in any other matter or thing shall invalidate eny 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 Ashland-Warren. InC. 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 Ashland-Warren, Inc. 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 ~1 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 Acta 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 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 of Tr`ort Worth Texas be and he is hereby ordered and directed to file with the Cfty 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 Cfty Secretary is Clerk of Tarrant County Texas Act passed at the Fifth Called of Texas, and shown as Chapter said Act having been passed in Vernon's Texas Civil Statutes directed to prepare sign and file with the County a notice in accordance with the provisions of the Session of ithe Forty-first Legislature of the State 21 of the Acts of said Session of the Legislature the year 1930 and now known as Article 1220a of RIII The City Secretary is hereby directed to engross and enroll thin ordinance by copying the caption of same in the Minute Book of the City Council and by filing the complete ordinance in the appropriate Grdinance 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 ~ ~_, 19 8 ®, APPROVED AS TO FORM AND LEGALITY `~ ~---~„ C'ty Atto ney ~~1 ~~4 1~ayor and ~ouncal ~om.mun~catao~. DATE REFERENCE SUBJECT Award of Contract - East Northside PAGE NUMBER Drive Paving and Drainage 2/26/80 **C-4999_ Improvements lop 3 City Council action is requested on Project No 021-36513-00 as described below Street East Northside Drive Origin of Project Roadway ROW Limits Width-Feet Width-Feet Trinity River Bridge 48 to 60 130 - 155 East to Samuels Ave On February 7 1977 (M&C C-3669) the City Council approved a Community Faci- lities Contract with Four-Way Properties Inc for the development of North Par Business Center which is located on the south side of East Northside Drive and west of Samuels Avenue The contract did not stipulate the upgrading of East Northside Drive however the developer and other property owners requested the street be improved to provide continuous curb and better access to their businesses On November 14 1978 (M&C C-4418) the City Council approved an engineering contract with Farrington and Associates, Inc to perform the engineering design service and prepare plans and specifications for the improvement of East Northside Drive to include the widening to five lanes required left turn lanes and median openings curb and gutter drainage facilities and required appurten- ances Improvements East Northside Drive will be improved by :removal of the asphalt surface removal of a portion of the concrete median and r~aplace it with a new concrete base repair existing concrete base failures and widen the base from 48 to 60 feet to include construction of a concrete superimposed curb and construct a new hot-mix asphaltic surface course the length of the project Storm drainage will consist of 576' of concrete pipe and appurtenance:a Receipt of Bids The project was advertised for bids on January 17 and 24 1980 and the f bids were received on February 7 1980 with 90 working days allocated Bidder Ashland-Warren Inc Austin Road Company James W Jackson Inc Amount $139 338 50 162,086 25 167 948 00 DATE REFERENCE SUBJECT Award of Contract -"East Northsid PAGE NUMBER Drive having and Drainage 2/26/80 '~''~C-4999 Improvements ~ _ or 3 A:~~a~~m~vst~~ All of the adjacent property is coned industrial Standard City Policy states that under street reconstruction or widea;aing property coned other than residen- tial shall,. be assessed for non-existing curb, gutted and driveway approaches plus widening The assessment paving po:Licy for new street construction also limits the amounts to be assessed on a 40-64' wl.de street to 29° of paving from the face of the curb toward the center of the street East Northside Drive has previoa: been constructed to a 48' wide roadway and assessed accordingly Consequently on this project property owners will only be assessed for non- existi.ng concrete. curb and driveway approaches which amounts to approximately $4 753 77 Project Cost and Financing As outlined above approximately $4 753 ~~7 :i.s proposed to be assessed against adjacent properties and will be provided for by a bond fund transfer from the Rev®lving Fund Unspecified Cost to the City for construction is approximately $134,584 73 Since there are insufficient funds available in the accounts for streets in new additions this will require a bond fund transfer in the amount of $134 600=mom the Arterial Streets Unspecified Account No 013-022-901 X1976-78 f~nnds~ This account presently has approximately $241 618 available due to unused allocations from completed projects In addition, a bond fund transfer is required from the Engineering Unspecified Account in the amount of $2 800 to supplement the engineering farads in the project account for inspection and administrative salaries 'i Recommendations It is recommended that 1 The fallowing bond fund transfers be approved From T~o Amo~~nt 094-009-901-00 094-O15-513-00 $ 4 15 i7 Revolving Fund Unspecified Revolving Fund E Northside Dr 01.3-022-901-00 013-036-513-00 134,600 00 Arterial. Streets Unspecified E Northside Drive 021-095-901-00 021-036-513-00 2 800 00 Engineering Unspecified E Northside Dr 2 An ordinance be adopted Reason To provide funds for the property owners share of construction cost To provide for the City's construction cost To provide for addi- tional inspection and administrative costs A Declaring the necessity for and ordering the improvements B Making provisions for levying assessments C D~..rectii~.g the Public Works Departmexxt to prepare estimates of costs and amounts to be assessed ~; DATE REFERENCE NUMBER SUBJECT AWar(i of Contract - East Northsid PAGE DrivE: Paving and Drainage 3 3 2 26 80 **C-4999 Im re)vemen °f D Awarding the contract to Ashland-Warren Inc in the amount of $139,338 50 based on their low bid E Making appropriations to cover t:he indebtedness thereby incurred for improvements of the project named above and 3 An ordinance be adopted A Approving the estimates of costs and amounts proposed to be assessed and B Setting March 25 1980 as the date for the Benefit Hearing VS plg Attachment SUBMITTED FOR THE CITY MANAGER'S OFFICE BY DISPOSITIO Y COUNCIL. PROCESSED BY APPROVED ^ G,, _ ORIGINATING ^ OTHER (DESCRIBE) U}1 Jh DEPARTMENT HEAD: Kelth A Smlth Ado ted Ord NO , J J ~ Declaring CITY SECRETARY FOR ADDITIONAL INFORMATION N2C2SSlty be Ordering ImprO ~ 3./ CONTACT John .~O1de5, EXt 7901 tS 'DATE ~~' ~~ Adopted Ord No ~ "s aeLt>_ng March 25.E 1980 as ate for Benefit Hearing/