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HomeMy WebLinkAboutOrdinance 7648 ORDINANCE NO. -7 4 4 8 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF RAND STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO L. GRIMES & CO., INC. 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 OWARS 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-wit: UNIT 1: RAND STREET From East Lancaster Street to Panola Street, known and designated as Project No. 13-025205-00, Unit 1. UNIT 2: PANOLA STREET From Rand Street to Tierney Road, known and designated as Project No. 13-025205-00, Unit 2. UNIT 3: EDGEWOOD TERRACE From East Lancaster Street to Meadowbrook Drive, known and designated as Project No. 13-025205-00, Unit 3. UNIT 4: HUGHES STREET From East Rosedale Street to Panola Street, known and . designated as Project No. 13-025205-00, Unit 4. 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: UNIT 1: RAND STREET From East Lancaster Street to Panola Street, known and designated as Project No. 13-025205-00, Unit 1, a two- inch thick hot-mix asphaltic concrete surface course on a thirty-foot roadway. Seven-inch high concrete curb, two-foot wide concrete gutter and six-inch thick con- crete driveways will be replaced where specified. UNIT 2: PANOLA STREET From Rand Street to Tierney Road, known and designated as Project No. 13-025205-00, Unit 2, a two-inch thick hot-mix asphaltic concrete surface course on a thirty- foot roadway. Seven-inch high concrete curb„wo-foot wide concrete gutter and six-inch thick concrete drive- ways will be replaced where specified. UNIT 3: EDGEWOOD TERRACE From East Lancaster Street to Meadowbrook Drive, known and designated .as Project No. 13-025205-00, Unit 3, a two-inch thick hot-mix asphaltic do cret.e surface course on a thirty-foot roadway. Seven-inch high concrete curb, two-foot gide concrete gutter and six-inch thick concrete driveways will be replaced where specified. UNIT 4: HUGHES STREET From East Rosedale Street to Panola Street, known and designated as Project No. 13-025205-00, Unit 4, a six- inch thick hot-mix asphaltic concrete pavement on a six- inch thick lime stabilized subgrade from East Rosedale Street to T & P Railroad and by repairing the existing concrete base where necessary and constructing a two- inch thick hot-mix asphaltic concrete surface course from the T. & P. Railroad to Panola Street, so that the fin- ished roadway will be thirty-feet wide. Seven-inch high concrete curb, two-foot wide concrete gutter and six- inch thick driveways will be constructed where non-existant and replaced where specified. The above, tagether with concrete curbs, gutters , driveways and incidentals to such improvements, on proper grade and line where some 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 publir 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 K 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 constAute 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 cennpleted and accepted by the City on a particular unit, the sums assessed against property abutting upon such completed and accepted units shall Ibe 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 he and become due and payable in such installments after the date of completion and acceptance of such respective unit. The entire amount seseesed against the particular parcels of property shall beer interest from the date of such completion and acceptance of the improvements an 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 an 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 some matures, then at the option of the City of Fort .Worth or its assigns, the entire amount of the assessment upon which such default to made shall be and become immedi- ately due and payable; but it in specifically provided that no assessments shall in any come 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, an ascertained at the hearing pro- vided by the law in force in the City, nor shall any assessment be made In any come until after notice of hearing an provided by low. Said assessments against the respective late 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 llm instaents of not less than $9.00 each, the Mat 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 Work,s 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 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 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 became immediately due and payable, together with reasonable attorney's fees and coots 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 itens 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 mother 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 ttie works above provided for, but the substance thereof shall suffice, and they may contain othe-- and additional recitals pertinent thereto. VI. Bids having been advertised for as required by Article 1105b of the re- vised Civil Statutes of Texas,, as amended, and the bid of 1_ crimes & CO. ,Inc, lmaving 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 L. Crimes & Co. Inc. at and for the prices stated in the Proposal of said company and as reported and recon ended 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 tinder the terms of the powers and 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 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 corparstion, 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, X1. 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 cost 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, ,,rexas, 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 ("hapter 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 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 6j APPROVED AS TO FORM AND LEGALITY: City Attorney y City of Fort Worth, Texas u�. Mayor and Council Communication DATE at�ssso suara t-, Contract Award - Resurfacing and � PAGE N' ra Reconstruction at Four Locations on the 10/20/77 - 3948 East1976- , �„ ` age - 3 Y of City Council action is required on Project No. 13-025205-DO,, described below: Roadway R.O.W. Unit Street Limits old t feet: Width-Feet 1 Rand Street East Lancaster to Panola 30 50/60 11 Panol;a Street Rand to Tierney Road 30 50 III Zdgewood Terrace East Lancaster to Meado;4brook 30 60 IV Hughes Street East Rosedale to panda 30 60 Cr1 °Ig of fro„eot The 1976-7 C.I.P. (Pages -1 to L-l) provides for resurfacing and/or reconstruc- tion of existing permanently paved streets, Streets were ;selected on the basals of high maintenance costs and traffic volumes. m rove enttss All four units, with the exception of a portion of Qghes Street, will be reconstructed by repairing the existing concrete base Kheri necessary and con- structing a new hot-mix asphaltic concrete surface course on the entire width of the streets. Hughes Street from East "Rosedale to the TO ROOM will be completely reconstructed with new residential grade hot"mix asphaltic concrete pavement, Concrete curb, gutter and driveway approaches will be replaced Were necessary due to deterioration and where none presently exist_. Also included is .a storm drain system in Hughes,hes tre^ t from East Rosedale to Windowmere and from the 5000 block of panola south to Vinson Street. Submission of olds The following bids were received on September 29, 1977: Bidder Amount L. Cr es & Co. , Inc. $276,1961.69 Austin load Co290,156.49 Texas 1tulit l Co-. 310,049.89 Working in Lava Allotted: 1.1 Project Cost and Financing Standard. City polity states, that under street resurfacing and reconstruction, where streets are not widened* property owners shall not be assessed any portion f t o he post except for new crnrb and p utter, driveway approaches and sidewalks DATE REFERENCE suwecr. Contract Award - Resurfacing and PAGE NUMBER Reconstruction at Four Locations on the 2 O 2 10/20/77 C-3948 East Side (1976-78 D _E1,PPa1e ' -1 to 3 f There none existed before. Accordingly, $5,126.26 is proposed to be assessed against abutting properties. Ful d,s for the property awners' share of construe- tion costs will be, provided for by a bond fund transfer from the Revolving Fund Unspecified. Total cost to the City for construction, including engineering, is estimated to be approximately $312,499.93. Sufficient engineering funds are available in the project account, however, a bond fund transfer from the Resur- facing and Reconstruction Unspecified Account for the City's ]Construction costs is required. Recommendations It is recommended that: 1) The following bond fund transfers be approved: Amount from To 'Reason $ 5,126.26 Unspecified Resurfacing and Recon- To provide funds for Revolving Fund struction at 4 Loca- the property owner's 009901-00 tions on the East Side share of construction 01,2205-00 Costs. $272,450.00 Resurfacing and, Resurfacing and Recon- To provide funds for, Reconstruction struction, at 4 Loca- the Cityls share of Unsp ec if led tions on the East Side construction costs. (Future. Sales) 13-025205-00- 13-025901-00- 601120 601005 2) An ordinance be adopted: a,) Declaring the necessity for and ordering of the improvements; b) 'Making, provisions for levying assessments; c) Directing the Public Works Department to prepare estimate of costs and amounts to be assessed; d) Awarding the contract to L. Grimes & Co., Inc., in the amount of $276,196.69 based on their combined low 'bid; and e) Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above. 3) An Ordinance be adopted: a) Approving the estimates of costs and amounts proposed to be assessed; and ems b) Setting November 15, 1977, as the date for the Benefit Hearing. SURM=6 Byi DISPOSITtON BY COUNCIU, PRO D E3 APPROVEO [3 OTHER (DESCRIBE) A' A�do Qrd�i"ncq_No '7 14" SECRETAR Y a� I��Ipgclartng -I- PN Necegsity §j Ordsking improyaMgnta! I&TE ) CITY MANAGER "I"'? 16 rinance No. i setting Ad Od Noverber 15, 1977 as Date for the Benefit Hearing.