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HomeMy WebLinkAboutOrdinance 10178ORDINANCE N0. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVENIE~FT OF MEADOWBROOK BOULE~TARD AND RANDOL MILL ROAD, AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND 5'P~'CIFICA'TIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO APAC-TEXAS, TEXAS BITULITHIC DIVISION, FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVENIEI~PTS; 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 IMPROVIl~'I'S; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEN~NTS 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 MEADOWBROOK BOULEVARD, AND RANDOL MILL ROAD, which is hereby designated Project No. 21-036719-00 (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 11O5b and 2368a, and other applicable laws, such that a contract may be awarded for the construction of the Project; NOW, THEREFORE: -1- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. There exist a public necessity for the Project, and it is hereby ordered that Plans and Specifications be prepared for the improvement of the Project and that the Project be carried out and constructed according to the Plans and Specifications, and any changes or amendments thereto. II. The estimated cost of the Project based on the estimate of the City Engineer is $ 1,242,275.41. 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, 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 (8$) 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 APAC-TEXAS, TEXAS BITULITHIC DIVISION, having been found to be the lowest and best bid for the making and construction of said Project, the contract therefor is hereby awarded to APAC-TEXAS, TEXAS BITULITHIC DIVISION, at and for the amount of $ 1,160,996.65. 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 1st day of November, 1988 at 7:00 P.M. IV. 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 AND APPROVED TfiIS ~` DAY OF i~ ~~~~ 19~~. ~ APPROVID AS 'I'0 FnRM AND LEGALITY: City Attorney Date: 1~. =i~. _~p~r •e~totp ;-~~ ~~~ •.; I[t EuLESS ~ r e r . •tu«. ~ e lel - ".' » - S • ~ . t , i t '~ ~_~ • • MNRST i r ~ .... i _. ~. ~ ~ ~ ~ a tew••• ~•t _ I . ~t , t. Q w w •t. RICML~NO ' ~u t '' ate t ~ .• a 111~LTOr e11L1! . n :n. • • „tiw , = S .• - ~+ t! t ~~ • -,- ~^~ ~ 4 f+f ~ _lere T _ _ f w C: L • ~ Ya~ e ~~ ~ Y ' •w.r. - M It t t45 n•t• ~ t_wa tnae .n a.Yt• tawl ~.• rw~.•t , ,: YC p t e ~ ~ • w aw. . e rr e • •M~ i wew. e e s e tww ,owe t Ft ..w C • •i e 7 . ., +.t n • at .. ~ M M ~ .N. _~ '~r ~ a ~ ~~rtEGO = ~ .rw t } wt ~« ~ •. f . ww~ ~ r•. • WLO~TM C e .i , fJI10[M! C • Q T ~ O ~. w.w i~ _ LKee Mei fRM w . w taw MrN 1 ~~ f~ i i ~ Me t 4 i e = S G r •. N ~ ~ _ ~ FOREST = kl-glew -~ • ~ - . ~ ~Ma $ : - 1. 1 f e Ile s E KE EWI ~ .. ~ aw t~ ..» r - • Fiee1 i... _t •• 'r ~ ~ ~ •~ ! ~ ~ in i N~~ ~ e s s ~vEae!~N ::~- =e _ C w ` ---w --~- e r _ ._ ~ ~ t • r • t ~ ~ I •w ~ t ; r.. • f u.a ` I ~ \\ \ } t - ~ e..ww . w ~ ~~ ~ ~ r s _ ' s , " ~.e s • ~ ow a... a ; ~~ Aenee "a, N ~ . w ~ •r Oet O.e~t ..r S ~ r ~ • Pw.` t ' '~• iwN s aw - t f w •..t ~ •M9,fl 0 ~. ' ~ e w ` • Z ~ i _ + ~ I ~ M»te ra 1t. wee ~ - - wA •^ b • ~Vw•w~.- t ~ •~ t r coulerr V .. NEADOWBROOK ~ULEVAP~ (E~STCHASE TO VILLAGE CREFJO RAf~OL P1I LL ROAD (I-30 TO P'E~DO-'r~BR00K BOULEVARD) PROJECT Noe 21-036719-00 . Project No. 21-036719-00, Randol Miil Road, From Meadowbrook Boulevard to the Overpass bridge `at Interstate 30, constructing a seven-inch thick reinforced concrete pavement with a seven winch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway width will vary with a forty-eight foot minimum on a variable Right-Of~1ay. Six-inch thick concrete driveway approaches will be Constructed where shown on the plans. Project No. 21-036719-00, Meadowbrook Boulevard, from Eastchase Parkway to Village Creek bridge, constructing a seven-inch thick reinforced concrete pavement with a seven inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will consist of two thirty-six foot wide traffic lanes with a twenty-eight foot wide median on a one hundred and twenty foot Right-Of-Way. Six-inch thick concrete driveway .approaches will be constructed where shown on the plans. aWI~R & LEGAL DESCRIPTION ZONI19; FRONTAGE NORTHSIDE 000005302803 STEPHEN D. HIBBARD 8701 MEADOWBROOR DR FT WORTH TX 76112 BLR 1 IAT 1 A RATE AMOtJNr PIKE VIEW OARS ADDITION CF 152.00'PAVEMII~Tr 104.75'CURB 152.00'ST. LIGHTS 193.90 SF. DR APP 68.68 10439.36 1.99 208.45 4.82 732.64 0.00 0.00 11380.45 ASSESSMENT 11380.45 ADJUSTED:*, ** 000004329546 FORT WORfiH CITY TR 2 JOHN SMITH SURVEY A-1446 E 189.00'PAVEMEDTr 0.00 0.00 0.00 AU ASSESSMENT -1- OWNER & LDG.AL DESCRIPTION ZONING SOUTHSIDE 000004710134 TEXAS UTILITIES 2001 BRYAN ZnWF.R DAj,LAS, TX 75201 TR 4A FRONTAGE RATE WTL.LIAM WELCH SURVEY A-1668 595.00'ADJUSTID A 545.00'PAVII~NT 68.68 538.00'CURB 1.99 545.00'ST. LIGHTS 4.82 545.00'DRAINAGE 29.25 37430.60 1070.62 2626.90 15941.25 57069.37 ASSESSMENT 57069.37 AQ7USTID:*, *** (VAUANr IAT) 000005302412 MEADOWBROOK JV. $ ROY A. BUSBY & 00. 1701 RIVER RUN FORT WORTH, TX 76107 TR SD04 ADJUSTID: (VACANT LOT) 000005302374 MEADOWBROOK JV. $ ROY A. BUSBY & 00. 1701 RIVIIt RUN STE 900 FORT WORTH, TX 76107 TR 5D2 & SD3 ADJI]STID WILLIAM WELCH SURVEY A-1668 E 150.00'PAVEME[~TT 150.00'CURB 150.00'ST. LIGHTS 150.00' DRAII~,GE 68.68 1.99 4.82 29.25 WILLL~NI WELCH SURVEY A-1668 E 277.00'PAVII~TT 250.00'CURB 277.00'ST. LIGHTS 277.00' DRAINP-GE 279.95 SF DR. APP MEDIAN OPENING 68.68 1.99 4.82 29.25 2.41 11,148.64 PRE-PAID 10302.00 298.50 723.00 4387.50 75/11.UU 19024.36 497.50 1335.14 8102.25 674.68 11,148.64 40,782,57 11148,64 15711.00 40782,57 -2- ~7 I~'ADOWBROOK BOULEVARD AND RANDOL MILL ROAD The following Community Facilities Agreements provided the Developer's contribution towards the street improvement cost for adjacent lots. Pike View Addition Block 2, Lot 1 CFA #14088 11/6/84 $ 31,422.00 Pike View Addition Block 1, Lot 1R CFA (short form) #13814 5/30/84 $ 15,000.00 Palmnold Meadows Addition Block 1, Lot 1A & 23B, and Block 2 Lots 1A & 16B CFA #11224 8/27/80 $ 13,215.00 Randol Crossing Addition Block 1, Lot 1 CFA #13252 8/30/83 $ 88,346.00 Randol Crossing Addition Block 1, Lot 2 CFA #13343 10/11/83 $ 35,550.00 Mill Valley Addition Block 1, Dot s 1, 2R & 3 CFA #13609 3/9/84 $ 65,440.00 Pike View Addition Block 3, Lot 1 CFA #14865 2/12/86 $ 36,973.22 TOTAL $285,946.22 -3- . MEADOWBROOR BOiJLEVARD AND RANDOL A'IILL ROAD COST DISTRIBUTION: A. PROPERTY OWNERS BY ASSF~SSNIE[ATP .............................$ 124,943.39 A.1 street construction $ 119,525.71 A.2 street lights $ 5,417.68 A.3 street construction prepaid $ 11,148.64 A.4 street construction and street lights balance $ 113,794.75 B. DEVELAPER CX)NIRIBUTION BY CONIIr1U1~TITY FACILITIES AC~Et~P.. $ 285, 946.22 B.1 street construction $ 268,021.99 B.2 street lights $ 17,924.23 B.3 all are prepaid C. ARLINGTON CITY'S SHARE ....................................$ 380,370.26 C.1 50~ of $ 710,972.50 = $ 355,486.23 C.2 7$ of Engr. x $ 355,486.23 = $ 24,884.03 C.3 All are prepaid D. FORT WORTH CITY ...........................................$ 451,015.24 D.1 street construction $ 382,170.10 D.2 street lights $ 12,459.71 D.3 78 Engr. x $ 805,510.42 = $ 56,385.73 E. TOTAL ESTIMATED PROJECT QOS'P ..............................$1,242,275.41 F. $ 677,465.12 (55$) OF THE ESTIMATID PROJECT OOST HAS BEEN PREPAID. Credit for curb inlets ** Full credit for driveway approaches less than ten years old. *** Credit for 50 feet of barricade, no access onto the property. -4- v~.. aA~reR ~IL~a --y rcouNTlN~.z ~l.,a~~ ~~ .lL " ~~°t ~®~'~~~ IL ~.'~.~.~ 2ANSPORTAT(DY~PUBLEC WDRK~ /J~~®~ ~~ ]~ ~®~~~~~ ,(~®~~~~~~ Y ~~ AfER AD(~71N(STRATIOPt ~ ,//~\~/f/j/ lj~,(/(/~ (~/ ~/l7+)W/ I~LfYO DATE REFERENCE SUBJECT AWARD OF CONTRACT, ASSESSMENT PAGE NUMBER PAVING OF MEADOWBROOK BOULEVARD, FROM 4 10-04-88 **C-11229 EASTCHASE PARKWAY TO VILLAGE CREEK a°e BRIDGE, AND RANDOL MILL ROAD FROM I-30 TO MEADOWBROOK BOULEVARD RECOMMENDATIONS It is recommended that the City Council 1 approve the following bond fund and interfund transfers FROM TO AMOUNT REASON 94-009905-00 21-036719-00 $108,377.07 To move property Special Assessments Meadowbrook, owners' share of Unspecified Randol Mill cost from Revolving Fund to project account. 21-036901-00 21-036719-00 $232,286 07 To provide City's Streets in New Meadowbrook, share of construction Additions Randol Mill cost. 94-009905-00 30-032344-00 $ 5,417.68 To move property Special Assessments Meadowbrook, owners' share of Unspecified Randol Mill street light cost Lights to project account 30-032901-00 30-032344-00 $ 3,259 71 To provide City's Street Lights Meadowbrook, share of street Unspecified Randol Mill light cost Lights 2 authorize the City Manager to execute a contract with APAC-Texas, Texas Bitulithic Division, based on their low bid of $1,160,996.65 for the construction of Meadowbrook Bou levard and Randol Mill Road, 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 November 1, 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 adapt 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. ~s DATE REFERENCE SUB.IECT AWARD OF CONTRACT, ASSESSMENT PACE NUMBER pAVTNG OF MEADOWBROOK BOULEVARD FROM 2 4 10-04-88 **C-11229 EASTCHASE PARKWAY TO VILLAGE CREEK °f BRIDGE, AND RANDOL MILL ROAD FROM I-30 TO MEADOWBROOK BOULEVARD DISCUSSION Meadowbrook Boulevard, from Eastchase Parkway to the Village Creek Bridge, and Randol Mill Road, from I-30 to Meadowbrook Boulevard, are two-lane undivided thoroughfares of county-type construction. Development in the area and the accompanying increases in traffic volumes have resulted in the need to widen and upgrade the streets. These streets adjoin property developed under seven different Community Facilities Agreements. One section of Meadowbrook Boulevard is on the border between the cities of Arlington and Fort Worth, the City of Arlington, under the terms of Contract No. 10274 (M&C C-4451) has agreed to participate in the cost of the improvements for this section on a fifty-fifty basis. In order to facilitate the computation of Arlington's share of the cost, the section of Meadowbrook Boulevard that borders the City of Arlington was bid separately from the remainder of the project This project is located in Council District 4. PROJECT DESCRIPTION STREET Meadowbrook Boulevard Randol Mill Road PROPOSED IMPROVEMENTS Meadowbrook Boulevard LIMITS Eastchase Parkway to Village Creek Bridge I-30 to Meadowbrook Boulevard ROADWAY WIDTH/FEET Double 36 48' (Min.) R.O.W. WIDTH/FEET 120 Variable It is proposed to improve Meadowbrook Boulevard by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will consist of two 36-foot wide traffic lanes with a 28-foot wide median on a 120-foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. Randol Mill Road It is proposed to improve Randol Mill Road by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will vary with a 48-foot minimum on a variable width right-of-way Six-inch thick concrete driveway approaches will be constructed where shown on the plans DATE REFERENCE SUBJECT AWARD OF CONTRACT, ASSESSMENT PAGE NUMBER PAUING OF MEADOWBROOK BOULEVARD, FROM 3 4 10-04-88 **C-11229 EASTCHASE PARKWAY TO VILLAGE CREEK °f BRIDGE, AND RANDOL MILL ROAD FROM I-30 TO MEADOWBROOK BOULEVARD BIDS On August 18, 1988, bids were received after being advertised on July 28 and August 4, .1988, with 110 working days allotted to complete the project. BIDDER AMOUNT APAC-Texas, Texas Bitulithic Division $1, 6996.65 J.L. Bertram Const, and Engr., Inc. 1,171,462.45 Walt Williams Const., Inc 1,189,712.05 Ed Bell Const Co 1,245,476.22 Uvalde Const. Co. 1,284,287.10 Austin Paving Co. 1,376,426.26 Gifford Electric, Inc Bidder disqualified, non-responsive to bid documents The low bidder is in compliance with the City's MBE/WBE Policy. ENGINEER'S ESTIMATE OF COST Based on standard City policy and the low bid prices, the following assessment rates have been established Meadowbrook Boulevard 7-inch reinforced concrete paving 7-inch high concrete curb Street lights Drainage 6-inch concrete driveway approaches $68.68/L.F. 1.99/L.F. 4.82/L.F. 29 25/L.F. 2 41/S.F. Randol Mill Road 7-inch reinforced concrete paving 7-inch high concrete curb Street lights Drainage 6-inch concrete driveway approaches 50.63/L.F. 1.82/L.F. 4.82/L.F. 29 25/L.F. 2.41/S.F. The total cost for street improvements and street lights is distributed as follows Total cost to City of Arlington $380,370.26 (31%) Total cost to Fort Worth property owners 410,889.61 (33%) Total cost to City of Fort Worth 451,015.54 (36%) 1,242,275.41 DATE REFERENCE NUMBER suB~ECT AWARD OF CONTRACT, ASSESSMENT `PAGE 10-04-88` **G-11229 ~ PAVING OF MEADOWBROOK BOULEVARD, FROM 4 ,f"4 BRIDGE, AND RANDOL MILL ROAD FROM I-30 TO MEADOWBROOK BOULEVARD PROJECT FINANCING Upon approval and completion of the recommended bond fund and interfund transfers for which there are sufficient funds, sufficient funds will be available in the Street Improvement Fund 21, Project No. 036719-00, Meadowbrook, Randol Mi11 Road, to finance the street portions of the contract, and in Street Improvements Fund 30, Project No. 032344-00, Meadowbrook, Randol Mill Lights, to finance the street light portions of the contract This expenditure will be made from Index Codes 642199 and 680405 respectively. Sufficient funds are available in Street Improvements Fund 67, Project No. 0'95104-00, Engineering Salaries, to finance engineering and administration costs for this project. The expenditure for salaries will be made frorn Index Code 630004. Payment from the City of Arlington will be received prior to execution of the contract documents Community Facilities Agreements in the amount of $285,946.22 in the property owner's share will be pre-paid before the benefit hearing date and recorded in the project accounts OAI •m/6 APPROVED BY CITY COUNCIL ocr ~ ~~~a ~~~ Cfty Seasetary of thQ City of Fbxt aVostkt, T$xW SUBMITTED FOR THE CITY MANAGER'S David Ivory DISPOSITION BY COUNCIL: AP R V D PROCESSED BY OFFICE BY ^ P O E ORIGINATING • Gary Santerre ^ OTHER (DESCRIBE) DEPARTMENT HEAD CITY SECRETARY FOR ADDITIONAL INFORMATION Ed Drolet 7805 CONTACT adopted Ordinance No~ DATE