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HomeMy WebLinkAboutOrdinance 80591 ORDINANCE NO ~ ~ .~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTIOTT ~F PREMIER STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO S R 0. ASPHALT INC. AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION MAKING APPROPRIATIONp 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 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 PREMIER STREET From '850' east of Sylvania to 1100' east, known and designated as Project No 021-36540 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 PREMIER STREET From 850' -s-t:~.of. Sylvania to 1.100' east,. known and designated as Project IVo 021-36540, a seven-inch thick reinforced con- crete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a forty- foot roadway 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 Boat 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 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 firsC 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 (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 3.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 ss the same matures, then at the option of the City of Fort Worth or its assigns the entire amount of the assessment 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 certificates of a special assessment which shall be executed in the name of the City of Fort Worth, PRO`1IDED 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 leas than $9 00 each, the first of such installments to become due and payable not more khan 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 Direetor 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 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 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 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~ssigna, the entire amount of the assessment shall be and became 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 ens 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 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 11ASb of the re- vised Civil Statutes of Texas as amended and the bid of S R O Asphalt Inc beat bid for the making and fore is hereby awarded. to having been found to•be the lowest•and construction of. said improvements the contract there- 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 n 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 sn 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 end 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 assesamenta 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 assesamenta 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 Fort Worth, Texas, be and he is hereby ordered and directed to file with the City Council estimates of the coat of such improvements fn 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, Texae, 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 ~i ,~. XIV This ordinance shall take effect and be in full force and effect from and after the date of its passage PASSED AND APPRWED THIS ~~ DAY OF 7ri~~ly , 19~. APPRWED AS TO FORM AND LEGALITY ty Attorne ~.~ fit ® 1F®~°t ~®~°t~ ~Ce.~a~ ~ .~ .~ll~ ®~r ~~~ ~®~c~~a~ _~®~~~uc~~~~~a®~ ~• DATE REFERENCE SUBJECT Award of Contract - PAGE NUMBER Assessment Paving ®f Premier 3/4/80 **C-5007 Street lot 3 City Council action is required on~P~oject No 021-36540-00 as described below Roadway ROW Unit Street Limits Width - Feet Width - Feet II Premier Street From 850° East of 40 60 of ~Sy lvania Avenue to 1 150' East • Origin of Project: On July 3 1979 '(A^~&C C-4717 Revised) tide City Council authorized a Community Facilities Contract with the Riverside Joint Venture for the development of Lots 2 and 3 Block 1 Texaco Industrial Addition The contract stipulated the improvement of Premier Street on the assessment paving basis Premier Street borders the development on the south Improvement s This segment of Premier Street is a continuation of the improvements in 1975 from Sylvania Avera.ue to 850° East Current improvements consist of the construction of 7 thick concrete pavement with 7" superimposed concrete curb on a 6" lime stabilized subgrade No drainage facilities are required Receipt of Bids The project was advertised for bids on January 17 and 24 1980 and the. following) bids were received on February 7 1980 Bidder Amount Working Days S R 0 Asphalt Inc $3.27 443 10 100 J L Bertram Construction and Engineering Inc 150 839 80 120 James W Jackson Inc 160 534 20 50 L Grimes & Co Inc 163 230 20 120. L H Lacy Co 166 268 40 60 Austin Road Co 222 907 20 100 Assessments All of the. adjacent property wwith the .excepti®n. of the Tarrant County Detention Center and the Tarrant County Hospital District (Elmwood Sanitarium) is zoned industrial and is being assessed $56 96 per front foot for pavement and curb, 20-feet wide The County ar~d Hospital District property is zoned residential and under normal assessment procedure wouTd.be,assessed $15 .50 per .front foot for pavement and curb Both Tarrant County and the Hospital District have .~_~/fS 1~ r • • • DATE REFERENCE SUBJECT Award of Contract - PACE NUMBER Assessment Paving of Premier 3/4/80 **C-5007 Street I .-- ~- ~f _ 3 been notified of the proposed improvements the amount of their assessment under normal ownership and requested both to consider participation in the cost of the project since their property will be enhanced as a result of the roadway improvements Tarrant County's assessment is $1 214 74 and the Hospital District's $5 702 45 Project Cost and Financing Based on the low bid and standard policy approximately $97 885 76 is proposed to be assessed against abutting properties (does not include County entities) and will be provided for by a bond fund transfer from the Revolving Fund Unspeci- fied Cost to the City for construction is X29 557 34 (includes $6 917 19 for County entities) which will require a bond fund transfer from the Streets in New Additions Unspecified Account In addition a bond fund transfer in the amount of $800 is also required from the Engineering Unspecified Account to supplement engineering funds in the project account for engineering inspection and administrative salaries Recommendations It is recommended that 1 The following bond fund transfers be approved From To Amount Reason 094-009-901-00 094-015-540-00 $97 885 76 To provide for pro- Revolving Fund Premier Street perty owners share of Unspecified construction cost 021-036-901-00 021-036-540-00 30 000 00 To provide for City's Streets in New Premier Street construction cost Additions Unspeci- f ied 021-095-901-00 021-036-540-00 800 00 To provide for addi- Engineering Premier Street tional engineering Unspecified inspection and admini- strative salaries 2 An ordinance be adopted A Declaring the necessity for and ordering the improvements B Making provisions for levyi ng assessments C Directing the Public Works Department to prepare estimates of costs and amounts to be assessed D Awarding the contract to S R 0 Asphalt Inc in the amount of $127 443 10 based on their low bid and E Making appropriations to co ver the indebtedness thereby incurred for improvements of the project named above and ~•~, ~• DATE REFERENCE SUBJECT AWard Of l,~ntract - PAGE NUMBER Assessment p av~.ng of Premier 3 4 80 ~~C-5007 Street 3 °r-3 3 An ordinance be adopted A Approving the estimates of costs~,:and amounts proposed to be assessed and B Setting April 1 1980 as the date for the Benefit Hearing VS p1g Attachment SUBMITTED FOR THE CITY MANAGER'S OFFICE BY DISPOSITION~Y COUNCIL: PROCESSED BY PPROVED ORIGINATING ^ OTHER (DESCRIBE) ~ ~,~ DEPARTMENT HEAD• Kelth A Smith Sr CITY SECRETARY FOR ADDITIONAL INFORMATION recess ty & rderi ng Improvements 3 CONTACT ,iohn Jones EXt 7901 ~ b ~ DATE /~ 27 Setting Hpril 1 1980 as a e or Benefit Hearing