HomeMy WebLinkAboutOrdinance 10126. ~ _ ,~
ORDINANCE NO. O
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVII~NT OF WESTERN CENTER BOULEVARD, PHASE I
AND II AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND
~PECrFrCATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING
CONTRACT 'I'0 J.L. BERTRAM CONSTRUCTION AND ENGINEERING, INC. FOR
PHASE I ,FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEt~NTS;
MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS
THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVY OF ASSESSMENTS
AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF
THE COSTS OF SUCH IMPROVF~NiENTS; DIRECTING THE CITY SECRETARY Ta
FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK
OF TARRAN'r COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL
SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE
AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERNON'S TEXAS
CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL 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 Director of Transportation and Public Works for the City of Fort
Worth, Texas (hereinafter referred to as the "Director"), has proposed the
improvement of WESTERN CENTER BOULEVARD PHASE I AND II,which is hereby designated
Project No. 90-136067-00 (said improvements being hereinafter referred
to as the "Project");
WHEREAS, the Project shall entail the improvement of the street, avenue, alley,
highway, boulevard, drive, public place, square or any portions thereof
(hereinafter referred to singly and collectively as the "highway"), and shall be
accomplished by filling, grading, raising, paving, repaving, repairing,
constructing, reconstructing, realigning, widening, narrowing or straightening
said highway, or the curbs, gutter or sidewalks and any appurtenances or
incidentals thereto, including drains or culverts;
WHEREAS, the City Engineer of the City of Fort Worth has prepared an estimate of
the costs of the Project;
WHEREAS, the City of Fort Worth has advertised and received bids, in accordance
with TEX. REV. CIV. STAT. ANN., Articles 1105b and 2368a, and other
applicable laws, such that a contract may be awarded for the construction of the
Project; NOW, THEREFORE:
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT:
I.
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:
(A) WESTERN CENTER BOULEVARD PHASE I, to construct a portion of the storm drain
system for eighteen hundred (1800) linear feet easterly from the west pro-
perty line of Lot 1, Block 1, Northbrook Addition and it is hereby ordered
that the Project be carried out and constructed according to the Plans and
Specifications, and any amendments thereto, for Project No. 90-136067-00 ,
said Plans and Specifications being hereby specifically approved and
adopted.
(B) WESTERN CENTER BOUT~TARD PHASE II, to construct a thirty-six (36) foot wide
roadway on the south side of a of a one-hundred and twenty foot Right-Of Way
from Interstate I-35 North to four-hundred and seventy (470) feet west of
Pacesetter Drive.
It is hereby ordered that plans and specifications for phase II be prepared for
the improvement of the project and that the project be carried out and constructed
thereto, for project No. 90-136067-00.
II.
The estimated cost of the Project based on the estimate of the City Engineer is
$ 1,282,005.291 The estimated cost of the Project shall be paid partly by the
City of Fort Worth and partly by assessments to the property abutting the
Project and the owners thereof. The assessments to the property abutting the
Project and the owners thereof shall be levied in accordance with the
requirements of TEX. REV. CIV. STAT. ANN., Article 1105b (hereinafter
referred to as "Article 1105b"), and the City Charter of Fort Worth, Texas, and
shall not be more than all the costs of constructing, reconstructing, repairing,
and realigning curbs, gutters and sidewalks and nine-tenths (9/10ths) of the
cost of the remaining improvements comprising the Project. In any event, said
assessments shall not exceed the special benefits to the abutting property and
its owners, as enhanced by the Project. The City of Fort Worth shall pay the
balance of the cost of the Project not assessed against the property abutting
the Project and the owners thereof.
The amounts assessed against the abutting properties and the owners thereof
shall constitute a first and prior lien upon such properties and a personal
liability of the owners thereof and shall be payable upon the acceptance by the
City of Fort Worth of the Project after its completion. Said assessments shall
be due and payable on or before 30 days after the acceptance by the City of Fort
Worth of the Project, except that, if the abutting owner so elects, by complying
with the terms hereinafter set forth, said assessments may be paid in
installments. Said assessments may be paid in five (5) equal, consecutive
annual installments, the first installment to be due and payable no later than
thirty (30) days after the acceptance by the City of Fort Worth of the Project,
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and each subsequent installment to be due and payable on an annual basis on each
consecutive anniversary date of the acceptance of the Project; in the
alternative, said assessments may be paid in forty-nine (49) equal consecutive
monthly installments, the first installment to be due and payable no later than
thirty (30) days after the acceptance by the City of Fort Worth of the Project.
Any owner electing to pay the assessment in installments, as provided for
herein, as a condition precedent to such election, must execute a promissory
note and mechanic's and materialmen's lien contract evidencing the owner's
intent to pay the assessment in accordance with the terms of one of the
alternatives hereinabove set forth. In any case in which the owner elects to
pay the assessment in installments under either of the alternatives specified,
the assessment shall bear interest from the date of acceptance of the Project at
the rate of eight percent (8g) per annum. Should any installment not be paid on
its due date, the City of Fort Worth shall have the option to accelerate the
entire unpaid balance of the assessment and declare the same to be immediately
due and payable; this and other terms governing any default in the payment of
any installment shall be set forth in the mechanic's and materialman's lien
contract and shall be uniform among all owners executing the contract.
In addition, the City Attorney shall have the authority to authorize
terms of payment different than those specified herein when the Director has
previously determined that an extreme financial hardship exists.
III.
Bids having been requested by appropriate advertisement, as required by Articles
1105b and 2368a and the lowest bid of J.L. BER'I'RAM CONSTRUCTION AND ENGINEERING
INC. having been found to be the lowest and best bid for the making and
and construction of said Project, the contract therefor is hereby awarded to J.L.
BERTRAM CONSTRUCTION AND ENGINEERING , INC. at and for the amount of
$270,734.60.
To provide for the payment of said contract and the indebtedness incurred
thereby, there is hereby appropriated out of available funds and current
revenues of the City, an amount sufficient to pay the indebtedness so incurred.
Notice shall be given and a hearing shall be held prior to making or levying any
assessment against any property abutting the Project or its owners, as required
by Article 1105b, Section 9. The notice of the hearing required under said
statute shall be published in a newspaper of the City of Fort Worth at least
three (3) times, the first publication to be made at least twenty-one (21) days
before the hearing date. Written notice shall be personally given to all
persons or entities claiming or owning an interest in the property abutting the
Project and shall be mailed at least fourteen (14) days before the hearing in
the manner specified by Article 1105b, Section 9. Said hearing shall be held
before the City Council of Fort Worth, Texas, on the 19th day of JULY, 1988 at
10:00 A.M.
IV.
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The improvements provided for herein shall be made and constructed, notice
given, hearing held and assessments made and levied and all proceedings taken
and had in accordance with and under the terms of Article 1105b and the Charter
of the City of Fort Worth, Texas.
V.
The City Secretary is directed to prepare, sign and file with the County Clerk
of Tarrant County, Texas, a notice of the authorization and approval of the
Project and the pendency of the assessment proceedings authorized hereunder.
VI.
The City Secretary is hereby directed to engross and enroll 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.
VII.
This ordinance shall take effect and be in full force and effect from and after
the date of its passage.
PASSED~~ APPROVED THIS / ~ DAY OF r
19--~d~;L-'
APPROVED AS 'PO FORM AND LEGALITY:
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/~~~City Attorney
Date: ~ `~-~~
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DATE
6-14-88 REFERENCE
NUMBER
.**C-11033 SUBJECT AWARD OF CONTRACT FOR
PHASE I STORM DRAIN SYSTEM IN
BOULEVARD AND ESTABLISHMENT OF CONSTRUCT
WESTERN CE
A BENEFIT ON O~ACE
TER 4
1of
HEARING DATE FOR ASSESSMENT PAVING OF
WESTERN CENTER BOULEVARD, PHAS E I AND II,
I-35W TO 470' WEST OF PACESETT ER DRIVE
RECOMMENDATION.
It is recommended tha t the City Council.
1 approve the following interfund and bond fund transfers.
FROM TO AMOUNT REASON
94-009905-00 90-136067-00 $478,414 11 To move property
Special Assessments Western Center Blvd. owner's share of
Unspecified I-35W to 470' West of cost from Revoly-
Pacesetter Drive ing Fund to Project
Account
90-136901-00 90-136067-00 $569,222 94 To provide funds
New Development Western Center Blvd for the City's
Unspecified I-35W to 470' West of share of construc-
Pacesetter Drive tion cost
94-009905-00 89-032060-00 $ 35,555 22 To move property
Special Assessments Street Light owner's share of
Unspecified Installation for cost from Revolving
Western Center Blvd. Fund to Project
I-35W to 470' West of Account
Pacesetter Drive
2 authorize the City Manager to execute a contract with J.L Bertram
Construction and Engineering, Inc in the amount of $270,734 60 based on
its low bid for the installation of Phase I storm drain system in
Western Center Boulevard,
3. authorize the assessment of a portion of the cost of the improvements
against the owners of the abutting property,
4. approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate,
5. establish July 19, 1988, as the date of the benefit hearing,
6 authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Texas Civil Statutes, and
7. adopt an ordinance reflecting the City Council's authorization and
approval of Items 2 through 6 above, and other applicable requirements
of Article 1105b, Vernon's Texas Civil Statutes
DATE
6-14-88
REFERENCE su94~RD OF CONTRACT FOR CONSTRUCTION OF PAGE
NUMBER
**C-11033 PHASE„I^STORM DRAIN SYSTEM4IN^WESTERN^CENTER 2 of 4
HEARING DATE FOR ASSESSMENT PAVING OF
WESTERN CENTER BOULEVARD, PHASE I AND II,
I-35W TO 470' WEST OF PACESETTER DRIVE
DisrussrnN
On May 24, 1988, (M&C C-10983), the City Council approved a community
facilities Agreement with the Tandy Corporation for Northbrook Addition,
Block 1, Lot 1, the site for the Tandy facility now under construction
Included in this agreement is a provision for the construction of the south
half of Western Center Boulevard from I-35W to 470' west of Pacesetter Drive.
The north half of this divided roadway was constructed previously in
conjunction with the Western Technical Management Center and the Western
Meadows development.
The southern half of Western Center Boulevard will be constructed in two
phases, the first being the installation of a portion of the storm drainage
system, and the second, which will be done under a separate contract to be
awarded in five to six months, being the construction of the roadway,
lighting and the remainder of the drainage system
Although only the contract for the Phase I drainage system improvements is
being awarded at this time, the proposed Benefit Hearing will provide for
full assessments for properties on the south side of Western Center
Boulevard
This project is located in Council District 2
PROJECT DESCRIPTION
STREET
Western Center
Boulevard
(So half only)
PROPOSED IMPROVEMENTS
ROADWAY
LIMITS WIDTH/FEET
Interstate 36'
I-35W to 470' West
of Pacesetter Drive
ROW WIDTH/FEET
120
It is proposed to improve the south half of Western Center Boulevard by
constructing a seven-inch thick reinforced concrete pavement on a six-inch
thick lime stabilized subgrade with seven-inch high super-imposed concrete
curb on a thirty-six foot wide traffic lane Six-inch thick driveway
approaches will be constructed where shown on the plans
BIDS
On May 5, 1988, the following bids were received for the storm drain system
(Phase I).
F'y 3
sus~eckWARD OF "CONTR~AGT FOR CONSTRUCTION
SSE I STORM; DRAIN SYSTEM IN WESTERN CENT
HEARING •DATE FOR ASSESSMENTPAVING OF
< WESTERN ,CENTER B•OULEVARO, PHASE I AND II,
I-35W TO 470' WEST OF PACESETTER DRIVE
BIDDERS
J.L. Bertram Construction & Engineering, Inc
Walt Williams Construction Co
Mid-Cities Construction Inc,
Murray Construction & Engineering, Inc ,
Circle "C"~Gonstruction Co
ABC Utility Services Inc
Lewis & Lewis, Inc
M A Vinson Construction Co. Inc
Architectural Uti 1 i t~ies•, Inc
AMOUNT
$270,7:34.60
~$~,$T~~
283;248.00
297 , 28200
317,815.00
325,934 06
346,239 70
•418,999 00
523,582 50
There were 60 working days allotted. for the completion of the project.
The low bidder• is in compliance with the City's MBE/WB~E policy a ,
.~
Engineer's Estimate. of Cost for Street and Drainage Improvements and Street
~Li g is
Based on standard City policy, low bid prices received for storm drainage
facilities, and estimates of average current paving and drainage costs, the
following assessment rates have been established for this project
7-inch thick reinforced concrete pavement $56 61/L.F.
7-inch high super-imposed concrete curb 2 17/L F
6-inch thick concrete driveway approaches 3 21/S.F.
Drainage 38 62/L F.
Street Lights 7.38/L.F.
The project cost for street and drainage improvements and street lights
is distributed as follows.
Total cost to property owners $ 513,969 33 (40%)
Total cost to City of Fort Worth $ 768,035 96 (60%)
Total project cost $1,282,005.29
FINANCING
The property owner's portion of the cost of street and drainage construction,
$478,414 11, will be provided by an interfund transfer from Specia l
Assessments Fund 94, Project No 009905-00, Special Assessments Unspecified
(where sufficient funds are available) to Street Improvements Fund 90,
Project No. 136067-00, Western Center Boulevard, I-35W to 470' West of
Pacesetter Drive. The City's share of the cost of street and storm drain!
construction will be provided by a bond fund transfer in the amount of
Cr
DATE rRVUnneERC,E ~I~~6T•OF CONTRACT FOR CONSTRUCTION •OF
PAGE
PNAS ~ I STORM BRAIN SYSTEM IN WESTERN CENTER 4-_ ~or_4_____
6-14-88 **C-11033 enn nr,ln rcrnR
HEARING DATE FOR ASSESSMENT PAVING OF
WESTERN CENTER BOULEVARD, PHASE I AND II,
I=35W 1'0 470' WEST OF PACESETTER DRIVE
$569,222 94 from Street Improvements Fund 90, Project No. 136901-00, New
Development Unspecified (where sufficient funds are available} to project
No 13606'-00 Western Center Boulevard, I-35W to 470' West of Pacesetter
Drive to supplement the available balance resulting from bond fund transfers
as approved in M&C C-10983, Contract for Installatioh of Community•Facilities
- Northbrook Addition, Lot 1, Block i Expenditures will be made from Index
Code 62145$
The property owner's portion of the cost of street lights, $35,555 22, will
be provided by an interfund transfer from Special Assessments Fund 94,
Project No 009905-00, Special Assessments, Unspecified (where sufficient
funds are available), to Light and Signal Fund 89, Project No 032060-00,
Street Light Installation for Western Center Boulevard, I-35W to 470' West of
Pacesetter Drive Sufficient funds are available in the referenced project
account to finance the City's share of the cost of street light installation
($7,867 08) as approved in M&C C-10983, Contract for Installation of
Community Facilities - Northbrook Addition, Lot 1, Block 1 Expenditures will
be made from Index Code 651257.
Sufficient funds are available in New Development Fund 90, Project
No. 095104-00, Engineering Salaries, to finahce engineering and
administrative costs for the street and storm drainage improvements
DAI d
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APPROVED BY
ciTY cou•~vci~
sup ~~ ~~~~
_
_~
Citq Seacetaxy of the.
City of Foxt Worth, Texas
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY
~
OFFICE BY ~ d__Ivor ^ gPPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT hiEAD• teY.~r.e CITY SECRETARY
FOR ADDITIONAL INFORMATION Adopted Ordinance No.,~ DATE
CONTACT