Loading...
HomeMy WebLinkAboutOrdinance 6400 ORDINANCE NO. C- AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF AMANDA STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO TEXAS BIZJL.ITH .0 AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; MAKING APPROPRIATION$ 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 described portions of streets, avenues and public places in the City of Fort Worth, Texas, to-fait: AM, NDA STREET From Ramey Avenue to East Rosedale Street, known and designated as Project No. 104-24000-189. 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-with AMANDA STREET From Ramey Avenue to East Rosedale Street, known and designated as Project No. 104-24000-189, to be improved with six-inch thick reinforced concrete pavement on a four-inch thick cement stabilized subgrade, seven-inch high concrete curb and eighteen-inch wide concrete gutter , so that the finished street will consist of one thirty-six foot roadway and by constructing four-foot wide concrete sidewalk and six-inch thick concrete driveways where specified. 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 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 all of the cost of curbs and gutters in front of their property and not exceeding nine-tenths (9/10ths) 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 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 units 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 units 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 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 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 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, 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 30 days of ter the completion and acceptance by the City of the part icu I a r unit, PROVIDED STR7HER, 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 Worka 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 materfalman'a contract upon forma supplied by the City granting a mechanic 's lietl upon and conveying the said abutting property In trust to secure the payment by said owner or owners according to t:tripe terms thereof of the sums assessed against such property. Vm The assessmencs against the respective IoLs and parcels of property and the ownere thereof shall be evidenced by certificates of special assessment, which ahall be executed in the name of the City by the Mayor of said City and the City Secretary shall attest the some 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, whLch 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 Itability of the owners thereof, have been regularly had, done and performed, and such re,- citals shall be prima facie 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 nasessment shall be and become immediately due and payable, together with reasonable attorney's fees and costs of collection, if Incurred, all of which, as well as the principal and interest an the assessment, shall he a first and prior lien against the property, superior to all other liens 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 nmission of improvements on any particular unit or in front of any property exempt by low 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 substonce thereof shall suffice, and they may contain other and additional recitals pertinent therem, V1. Bids having been advertised for an required by Article 1105b of the re- vised Civil Statutes of Texas, as amended, and the bid of TOWS BitUlithiC e T­-- Paving been an Ast bid For the making and cons t f said improvements, the contract there- fore to hereby awarded to at and for the prices stated in the for chi said and recommended by the Public Works Department, which F company, T7 said repoxt 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 al the City of Fort Worth, Texas , and to impress the corporate seal of the City thervon, the said contract embracing, among other things , the prices for the work, vil , To provide for the payment of the Indebtedness Incurred by the City of Fort Worth, Texas, by said contract, there is hereby approprfated out of available funds and current •evenuen of the City, an amount sufficient to terry said indebtedness so incurred. 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 Mh and under the terms oF the powers and provisions of Chapter 106 of the Acts of the First Called SeMan of the Fortieth Legislature of the State of Texas, now known as Article 1105b of Vernon's Texas Civil Statutes, an amended, which low 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, 10 Each unit above descrLbed shsll be and constitute a separate and independent unit of improvement and the assesemento herein provided for Anal 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, H the name of the owner be unknown, it ahall be sufficient to so state the fact, and if any property be owned by an estate or b, any firm or corporation, it ahall be sufficient to mo state, and it shall not be necessary to give the correct name of the owner, but the real and true ownern K the property mentioned shall be limble and the samexaments against the property' shall be valid, X1, The Director of Public Works of the My of Fort Worth, Texas, be mnd he is hereby ordered and directed to file with the City Council , estimates of the cost of such improvements in each nett, in accordance "with the terms of the powers and provisions of the Charter of the City of Fort Worth, Texas. X11 , The City Secretary is directed to prepare, sign and file with the County Clerk of Torrent County, Texas, a notice in accordance with the provinions of the Act passed at the Fifth HIM Session of the Forty-first Legislature of the State of Texas, and shown an Chapter 21 of the Acts of said Seaskon of the Legislature, said Act having been passed in the year 1930, and nuw known an Article 1220a of Vernon's Texas Civil Statutes, X111, The City Secretary to hereby directed to eng •ome and enroll this ordinance by copying the caption of some 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 Z ) APPROVED AS TO FORM AND LEGALITY: City Attorney A MAN Clity of Fort Worth, Texas UNE Mayor and Council Communication 04114"&1 DATE REFERENCE SUBJECT: Award or ConLra,-*t, Assessment PAGE 12/12/70 NUMBER Paving of Amanda Street trim Rainey Ave-- C-1882 rue to East Rosedale Street I City Council action is requested on the project described below,, Project Description Nature of i4ork' Asseasmenr Paving of Amanda Street, project No. 10424000-189 Unit Street LIM i t 6 JRo a d.�#ay_��i d r R, 0.64. 1 Amanda Street Froii). Ramey Avenue to 36 reel 56 feet Rosedale Street This project was City-initiated on Li'ie basi'; of response co a poll card s1xr'V'ey of adjacent property owners, and th& generai need for a permanent surface or,� this street which is on a bus roume and is a prLiriary rhoro,,',ghiare in the Stop- Six area,, Submission of Bids The following b:tds 1r,,av6 been received� Bidder Amount Ai 'ernate Na, 1. Alternate No. 2 ,Texas BitUllLhic $i35, J_26A0* $LO8,079.00 Austin Road (]ompany _141 ,5 M 81 i09,850.24 I.- Crimes and Czxnpa!�-'ty, In. . 151 ,866, 75 lil,. 35,25 Glade, Inc. 158,689.45 106,549.45* Ernest Loyd 201,0J2„25 110,639.,75 S.R.O. Asphalt, lrrc, o Bid li5,318, 59 Low Bidder for Alternate Bids Received: September 24, i9'M Working Days Allocated: 80 Pavement Tyres_ and Fval,uarion The anticipated volumes of trarijc on Amanda Street will require that a com- mercial grade of pavement be used ti rr this construction. The two pavement types described below were designed LO SUSLa-Ln the anticipated loads , and alternate bids were requested for eacti , 1'17e apparent low bids for each alternate were as follows,, Pavement 1, 2_L)e Total Cost 1) 6--inch reinfofced concrete on 4-inch cement-stab:�,iized subgrade $135,126.80 2) 7-inch hot,,-.m:,Lx asphai'Lic concrete on a 6-inch lime,-.stab J-1-1,zed subgrade 106,1:49 45 Diftenenci- in Cost. $ 28,5) 7, 35 Ave- DATE REFERENCE a1JfdJIN f f. �y 1;�"d Q] Contract, Assessment PAF NUMBER cTEa Roselle..?t' from Ramey Ave- ar 121121°70 C-182 _.__...�_.pe�ng �� �lrnan Street treet------- � — re66°_r conducted by the American association of State Highway Officials froin 1958 tu:c 1961 demonstr°aced than under the same design, loading and environ- mental conditions, reinforced curt_rete pavement sections generally had a longer service life than comparable sections of hot-mix asphaltic concrete. Maintenance casts are also generally lower for the concrete streets since periodic seal coating is not required. In addition, concrete streets have higher skid resistance and Light reflectivity. Recommendation on 'Pavement De..c rr Either of the alternate paving designs proposed for Amanda Street would sus- tain the loads trunsmitruw,d tar it by the projected traffic volumes. Based on the anticipated iota] Loss, e�apected life and 'required maintenance, it is believed that the pavemen'c would be most economical for the City in the long run,,, 1,.arther, Amanda Street is Located in an area off„ expan- sive soils, and, as has been :reported C':o the Council in the past (re0ort dated, April 23, 1169) , under, such cir '.amstances 'reinforced concrete pavement is preferable. It is, therefore, recommended that the concrete alternate be accepted. Project Cost and f°inancng Based on the low bid for Alternate 1, approximately $81,053,3 7 will be assessed against abutting property owners. The cost of the paving to the City-at—large will be approximately $67,586-li, i°nclu°uding engineering expenses. Plowevcc ,„ in addition to the proposed paving vus'4 a deficit balance of approximately $29,000 presently drrists in the project account for purchased P.O .W. and de- sign engineering e pensesa Therefore, a bond fund transfer of $96,500 from Unspecified Funds is proposed to pr°ovi.de for the City's portion of the cost of the project and to cover, the present deficit balance. Recrm'mendations it is recommended that: (1) The follow-1,ng bond fund tr,.rrut fe.rs be appr'u°w,red: Amount From ro Reason $96,500.,00 04--24000-901, Assess - 104­2000-189, To provide funds, for ment Raving Unspecified A,urarrnda Street the City's portion of the construction $81,053.3 7 042-09724-901, Pe,roly- 042-10424-189, To provide funds for ing Fund Unspecified Amanda Street prope°rty owners' share Revolving Purnd of the construction cost DATE REFERENCE SUBJECT: Award of Contract, Assessment PAGE NUMBER 12/12/70 -1882 Paving of Amanda Street from Ramey Ave- 3 C - to East Rosedale Street (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 amounts to be assessed, (d) Awarding; the contract to Texas Bitulithi-- Company, in the amount of $135,126,80, and (e) Making appropriations to cover the indebtedness thereby incurred for the improvements on the project named above. (3) An ordinance be adopted (a) Approving the estimates of cost and amounts proposed to be assessed, and (b) Setting December 28, 1970, as the date of the Benefit Hearing. HDM/je SUBMITTED BY: PISPOSITIO SY--COUNCIL: PROCESSED BY PAP"PROVED n OTHER (DESCRIBE) ("rdinance Nr�)- YCITY SECRETARY r n DATE ar" Ho n. CITY MANAGER )Z5 le t t i of' -""',enef.'it'