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HomeMy WebLinkAboutOrdinance 8193ORDINANCE NO ~_ I AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF SYCAMORE SCHOOL ROAD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT To A-1 MAINTENANCE, 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 PROVISIONSiFOR 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 described portions of streets Fort Worth Texas to-wit for the improvement of the hereinafter avenues and public places in the City of SYCAMORE SCHOOL ROAD, UNIT II v From 1466' east of Crowley Road to MKT Railroad, known and designated as Project No 021-022-159, Unit II 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 SYCAMORE SCHOOL ROAD, UNIT II From 1466' east of Crowley Road to MKT Railroad, known and designated as Project No 021-022-159, Unit II a seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stab- ilized subgrade with seven-inch hi°gh concrete curb and eighteen-inch wide concrete gutter on a forty-four foot roadway Six-inch thick concrete driveways will be constructed where specified The above together with eoncrete 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 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 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 annu® 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 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 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 upon which sueh 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 enhaneed 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 ease 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, PROVIDBD however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorized payment of the sumo assessed against abutting property upon such completed and accepted unit in not more than forty-eight equal regutar monthly installments of not less than $9 00 sash 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 ie 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 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 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 11QSb of the re- vised Civil Statutes of Texas ae amended, and the bid of q-.1 MaintPna~P Tnn_ having been found to be the lowest and best bid for the making and construction of. said improvements the contract there- fore is hereby awarded. to 1a_1 MaintPnan~a, Tnr_ 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 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 coat of the improvements in that unit and according to the benefits arising from the improvements in that unit X In tusking 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 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 Texae 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 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 ~ O APPROVED AS TO FORM AND LEGALITY Gs%~ ,,. City Attorney J .~~ ill .~ e~ c~~t~ ~ 1F~~°t ~®~°th, ~l'~.~a~ ~tcyor and Coa,~n~~l ~o~aa,m.~nacatzo~a, DATE REFERENCE SUBJECT Award of Contract - Sycamore PAGE NUMBER School Road Improvements Unit II 10/14/80 **C-5333 from Crowlev Road to MKT Railroad 1of 2 City Council action is requested on Project No 021-022-159-00 as described below Roadway ROW Unit Street Limits Width-Feet Width-Feet II Sycamore. Crowley Road ~ 26 50 (Section I) School Road to 1,46b' East TI Sycamore 1:.,466' East of 44 64 to 85 (Section II) School Road Crowley Road to MKT Railroad Origin of Project On June 6 1978 (M&C G-3837) the City Council approved the 1978-81 Capital Improvement Program (CIP) which included the allocation .of $1 525,000 for con- struction and right-of-way acquisition for Sycamore School Road improvements from Crowley Road to the MKT Railroad The project was scheduled for engineering and right-of-way acquisition in 1978 with construction to follow in 1979 On September 19 1978 (M&C C-4342) an engineering contract was awarded to the firm of Rady and Associates Inc to prepare plans and specifications for the improvements The ultimate plan for Sycamore'-.School Road is to tie into Everman Road just _ea.st-of Crowley Road However the delay in area development has delayed the extension of Everman Road Consequently Sycamore School Road will be permanently improved from the MKT Railroad to a point 1 466' east of Crowley Road and from that point to C~bwley Road the existing county type roadway will be reconstructed to serve as a temporary roadway until such time as Everman Road is extended west from I-35W Hence the delay in construction of this project Improvements Section I will consist of reconstructing the existing county-type road by cement stabilizing the base and constructing a new 112" thick hot-mix asphaltic concrete surface on a 26' wide roadway Section II will be improved with arterial grade hot-mix asphaltic concrete pave- ment with concrete curb and gutter and driveway approaches on a 44' wide roadway Also included are required storm drainage facilities and appurtenances Receipt of Bids The project was advertised for bids on September 11 and 18 1980 and the followin bids were received on September 25 T980 with 120 working days allotted to com- plete the project Bids included a base bid and an altet°nate which provided for a more economical storm drain trench back-fill r f ~~ d DATE REFERENCE SUBJECT AWard Of Contract - Sycam®re PAGE NUMBER School Road .Improvements Unit I ar ~ ~ 10 14 80 ~*G-5333 -- from Crowle oad to MKT ai r _ - Bidder Base Bid Alternate Bid A-1 Maintenance,., Inc $427 573°50 $420 214 00 Austin Road Company 441,090 51 433 731 O1 APAC-Texas Inc 441,123 48 433 943 48 'Bob Moore & Bob Moore, Inc 456,116 48 449 187 78 I~ Grimes & Co , Inc 463,133 55 455 307 35 Project-Cost and Financing Based on the low bid and standard policy -approximately $165 905 94is proposed to be assessed against the adjacent.propertes ora Section IT, and funding 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 for construction is approximately $254 308 06 plus $25 212.84 for engineering Sufficient funds are available in the project account for the City's construc- tion cost However a bond fund transfer from the "Engineering Unspecified Account" in the amount of $19,250 is required to supplement the engineering funds in the project account Cost to the City for right-of-way was $22 216 Recommendations It is recommended that. 1 The following bond fund transfers be approved From To Amount Reason 094-009-901-00 094-022-159-00 $16~y905 94 To provide funds for property Revolving Fund Sycamore School Road owners' share of construction Unspecified cost 021-095-901-00 021-022159-00 $ 19 250 00 To provide additional funds Engineering Sycamore School Road for City's survey, inspection Unspecified and administrative cost 2 An ordinance 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 amount~'~to be assessed d Awarding the contract to A-1 Maintenance Inc ~ in the amount of $420,210 based on their low alternate bid n ~~~~ ~Y { d h b i d ere L ness t y ebte e Making appropriations to cover the in ff }}o~~yy L~~ ~~ d C~~ IY improvements of the project named above an U 3 An ordinance be adopted a Approving the estimates of costs and .amounts pa~oposed to t.e;;'~s~sessed~,; and b Setting November 8~, 1980 as the_date for the Benefit Hearing l y ~--,~ Ci ecxetary of tha SUBMITTED FOR THE CITY MANAGER'S C~ ox kos DISPOSITION BY COUNCIL: ; YIC~iG~y~ PROCESSED BY OFFICE BY: ^ APPROVED ORIGINATING ^ OTHER (DE5CRIBE) DEPARTMENT HEAD: ~, CITY SECRETARY i ~ FOR ADDITIONAL INFORMATION N eSSI'~ }/. o CX Ord@t^1~tg ImprOV e~i'~S, , CONTACT , DATE November` ~2, 193fl as a ~ ~~or '~'enefi~t`'E-4earing