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HomeMy WebLinkAboutOrdinance 8166r ORDINANCE NO gi ~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF RAREFY AVENUE.. _ AND PORTION$ 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 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 TI There exists a public necessity for the improvement of the hereinafter described portions of streets, avE:nues and public places in the City of Fort Worth Texas to-wit RAREFY AVENUE From Sutter Street to 160' west, known and de- signated as Project {do 021-24294 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 HARLEY AVENUE From Sutter Street to 160' west, known and de- s~ignated as Project No 021=24294, a five-inch thick hot-mix asphaltic concrete pavement on a four-inch thick crushed limestone base with seven- = f inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-foot roadway Six-inch thick concrete driveways will be constructed where specified `5 s1 The above together with cancrete curbs gutters driveways and incidentals to such improvements on proper grade and line where same are not already so constructed together with atom sewers and drains and other necessary incidentals and appurtenances all of said improvements to be constructed as and where shown on the Plana 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 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 tha 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 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 or-e (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 uni.ta 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 (670) 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 ell of such installment 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 op.eion 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 wisich shall be executed in the name of the City of Fort Worth, PR®VIDRD 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 became 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 (:ity 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 inatallmeents in which the assessment is payable which certificates shall be issued to the Ci'.ty of. Fort Worth shall recite the terms and time of payment the amount of the asecesament 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 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 s first and prior lien against the property superior to all other li.~ns and claims except State County School District and City ad valorem taxes Ho 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 asaess~ment 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 far as required by Article 11ASb of the re- vised Civil Statutes o.f Texas as amended and the bid of S.R.O.AS~]t. 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 q_R~ _Achhal~ tps,,,,, at and for the prices stated in the Proposal of said company and sa reported and recommended by the Public Warka 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 oi:her 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 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 IR 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 It In making assessments, if then name of the owner be unknown, it shall be sufficient to so state the fact and a~f 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 and the assessments against the property shall be valid Ii:I The Director of Public Works of the City or I°ort 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'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 riinute Book of the City Council and by filing the complete ordinance in the appropriate Ordinance Records of thin 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 9 DAY OF ,~, 19 ~d APPROVED AS TO FORM AND LEGALITY City Attorney ~/ pity of ~~ort worth, ~e.acas J~ayor a~,cl Counca~ Co~ra.anunacation DATE REFERENCE SUBJECT Award of Contract - Assessment PAGE Nu-rteER .Paving of Harley Avenue from 2 9/980 **C-5252 Sutter to West 160 lof. City Council action is requested on Project No 021-024-294-00 as described below Roadway R 0 W Street Limits Width-feet Width-feet Harley Street Sutter Street to west 30 50 160 feet Origin. of Project This project was initiated by a paving petition signed by the owners of 66 percent of the adjacent property and received in the Assessment Paving- Office on February 19, 1980 On March 19 1980 (M&C G-4478) the City Council authorized the Public Works Director to de ign the project and await future CIP funds to construct the project The April 5 1980 bond election made funds available Improvements This segment of. Harley Street will be improved with residential type hot-mix asphaltic concrete pavement with concrete curb and gutter and driveway ap- proaches No storm drainage facilities will be required since the grade of the street will be adjusted to provide adequate drainage Receipt of Bids The project was advertised for bids on July 31 and August 7, 1980, and the following bids were received on August 21 1980 with 20 working days allotted to complete the project Bidder S R 0 Asphalt Inc L Grimes & Company Inc A-1 Maintenance Inc Lowell B Allison Contractor Inc. James W Jackson Inc Austin Road Company Pate Jones Asphalt Inc Ashland-Warren Inc R T Mogatgomery Inc Amount $17 138 00 18 356 50 20 021 90 20 856 68 20 857 50 20 912 85 21 311 00 22 796 50 28 343 00 Project Cost and Financing Based on the low bid and standard. policy approximately $4 398 08 is proposed to be assessed against the adjacent properties all of which are zoned Residen- tial and funding for the property owners share of construction cost will be . provided by a bond fund transfer from the Revolving Fund Unspecified Cost to the City for construction is approximately $12 539 92 plus engineering Bond fund transfers in the amount of $ 3 000 00 are necessary from the Assessment n SUBJECT Award of Contract-Assessment Pav- PAGE DATE REFERENCE NUMBER :Lng Of Harley Avenue from Sutter 2 of~2- ~, 8 ~:~C-.5252 to West 160 Paving Unspecified account for th.e: City s con.s.t.ructon cost and in the amount of $1 500 00 from the Engineering Unspecified account to supplement the engineering funds in the project ac<:ount Recomm~radations w It is recommended that 1~ T'he following bond fund transfers be approved From 'I'© Amount Reason 094-009 901-00 094-024-294-00 $4 398 08 To provide funds for Re+roiving Fund Harley Avenue property owners share of Unspeci"vied construction cost 021-024-901-00 021-024-294-00 $13 000 00 To provide funds for Assessment Paving Harley Avenue City s construction Unspecified cost 021-095-90 -00 021-024-294-00 $1 500 00 To provide additional Engineering Harley Avenue funds for City s Unspecified survey inspection and administrative cost 21 Ara ordina~ace be adopted 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 t:o S R 0 Asphalt Inc in the amount of $17 138 00 based on their low bid E Making appropriations to cover the indebtedness thereby incurred for impro~rements of the project named above and 3~ A.n ordinance be adopted A Apgro~iing the estimates of costs and amounts proposed to be assessed and B Setting October 7 Y980 as the date for the Benefit Hearing `~; `~~' APPROVED BY At t ac~h.~n er~L CITY COUNCIL SEP 9 1980 ~~~ i eczatary of the SUBMITTED FOR THE .. «~.. c DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY ^ gpPROVED ^ OTHER (DESCRIBE) ORIGINATING DEPARTMENT HEAD: Kei~Y~ A Smyth e ~ ~ NO / ~ ~ Decl dr1 n CITY SECRETARY $$]ty DITIONAL INFORMATION Nece Ordering Impr Venlent$; . 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