HomeMy WebLinkAboutOrdinance 9912_ 5
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ORDINANCE NO. ~C/
AN ORDINANCE DETERMINING THE NECESSITY FbR AND ORDERING AND
PROVIDING FOR THE IMPROVF~]T OF NORTH BEACH STREET (WEST HALF) ,
AS HEREINAFPER SET FORTH; APPROVING PROJECT PLANS AND
SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING
CONTRACT TD J. L. BERTRAM CONSTRUCTION & ENGINEERING, INC. bUR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMEI~PPS; MAKING
APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY
INCURRED; MAKING PROVISIONS Fl?R THE LEVY OF ASSESSMENTS AGAINST
ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COSTS
OF SUCH TMPROVEMEN'I'S; DIRECTING THE CITY SECRETARY 'PO FILE A
NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF
TARRANr COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL
SUffiEQtJENT PROCEEDINGS RELATING 'I'0 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 TN 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. '
WrHEREAS, 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 North Beach Street which is hereby designated
Project No. 90-136023-00 , (said improvements being hereinafter referred
to as the "Project");
WE~:REAS, 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 his 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:
BE IT ORDAINED BY THE CITY COUNCIL~OF THE CITY OF FORT WORTH, TEXAS, THAT:
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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: NORTH BEACH STREET (WEST HALF) - From Summerfields Boulevard to 116 ft.
south of Thompson Road
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. 90-136023-00 , said Plans and Specifications being hereby
specifically approved and adopted.
II.
The estimated cost of the Project based on the estimate of the City Engineer is
$ 212684.63 The estimated cost of the Project shall be paid partly by the
City o Fort Worth, partly by assessments to the property abutting the Project
and the owners thereof and partly by the City of Haltom City.. The assessments
to the property abutting the Project and the owners thereof shall be levied in
accordance with the requirements o~ TEX. REV. CIV. STAT. ANN., Article 1105b
(hereinafter referred to as "Ar~icle 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 and the City of Haltom City 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.
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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. Bertram Construction & Engineering,
Inc, having been found to be the lowest and best bid for the making and
construction of said Project, the contract therfor is hereby awarded to J.L.
Bertram Construction & Engineering,!Inc., at and for the amount of $195819.93.
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 1e,ast fourteen (14) days before the hearing in
the manner specified by Article 1'105b, Section 9. Said hearing shall be held
before the City Council of Fort Worth, Texas, on the 18th day of August, 1987 at
10:00 A.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.
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VII.
This ordinance shall take effect and be in full for ,anc
the date of its passage. ~,
PAS D AND APL~ROVID THIS ~ DAY 0
19
APPROVID AS TO FORM AND LEGALITY
City Attorney '
.~„ - t 5 ~-~'~
Date:
effect from and after
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MASFER FILE+x{~
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DATE
7-21-87 REFERENCE
NUMBER
C-10417 gUg~KU Ut- I.UN ~ KNL ~ FDR
PAVING.. OF NORTH BEACH STREET (WEST H
FROM SUMMERFIELDS BOULEVARD TO 116 F
LF) PAS
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RECOMMENDATION
It is recommended that the City Council
1. approve the following bond fund trans fers
FROM TO AMOUNT REASON
94-009905-00 94-136023::-00 $131,581 52 To provide funds
Special Assessments No. Beach Street for the property
Unspecified Summerfields Blvd, owner's share of
to Thompson Rd. the street con-
struction cost.
90-136901-00 90-136023-00 $ 64,258 41 To provide funds
New Development No. Beach Street for the City's share
Unspecified Summerfields Blvd. of construction
to Thompson Rd cost
94-009905-00, 94-032035-00 $ 7,073 70 To provide funds
Special Assessments Thompson Road and for the property
Unspecified No Beach Street owner's share of
Lights the street light
cost
2 authorize the City Manager to execute a contract with J L Bertram
Construction & Engineering, Inc in the amount of $195,819,93, for the
construction of North Beach Street (west half) from Summerfields
Boulevard to 116' south of Thompson Road, based on its lowest responsive
bid,
3 authorize the assessment of a portion of the cost of the improvernents
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 August 18, 1987, 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 Annotated Texas Statutes
DATE NUMBER CE SUBJ~ARD OF CONTRACT FOR THE A EN Pace
PAVING OF NORTH BEACH STREET (WEST HALF 2 3
7-21-87 ~ C=10417 __ _ FROM SUMMERFIELDS BOULEVARD TO 116 FEET ----- - ~+ -
BACKGROUND
Construction is nearly completed for the new Keller Elementary School, located
on Thompson Road in the far north part of the City. Bids were recently received
for the assessment paving and drainage improvements on Thompson Road in
conjunction with the new school
The only direct route for school buses and other traffic enroute from the
Summerfields area to the elementary school is via N Beach Street, from
Summerfields Boulevard to Thompson Road This section of roadway is presently
unimproved and in need of permanent paving and drainage improvements
The elementary school is planned to be in operation in September, 1987 On
March 17, 1987 (M&C G-6994), the City Council approved the design for the
Assessment Paving of the west half of North Beach Street, from Summerfields
Boulevard to Thompson Road, using In-'House Design forces and advertisement for
construction bids This project is located in Council District No 2.
PROJECT DESCRIPTION
STREET
N Beach Street
(West Half)
IMPR01-EMENTS
LIMITS
From Summerfields Blvd
to 116' South of Thompson
Road
36 60 (Half Row)
120 (Future ROW)
North Reach Street is to be improved by constructing a 7" reinforced concrete
pavement with a 7" high integral concrete curb on a 6" thick lime stabilized
subgrade The finished roadway will be 36 feet wide and will comprise the
ultimate south bound lanes Street lights will be installed under a separate
contract at a later date
RECEIPT OF BIDS
Bids for this project were received on June 18, 1987, after being advertised on
May 28 and June 4, 1987, with 50 working days allotted to complete the
project. The bids are tabulated as follows
BIDDER AMOUNT
J.L. Bertram Constr & Engr $195,819 93
.Austin Road Company 203,709 89
SRO Asphalt Co 205,664.01
Walt Williams Constr., Inc 206,103 65
L.D Conatser Contractors 223,162.95
Ed Bell Construction Co 224,034 35
APAC Texas, Inc. 238,983.50
Big "D" Construction Co 289,301 24
ROADWAY R.O.W
WIDTH-FEET WIDTH-FEET
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,;
~_""•~ oATE REFERENCE suB.I~ARD OF CONTRACT FOR THE ASSESSMENT PAGE
NUMBER PAVING OF NORTH BEACH STREET (WEST HAL ) 3 3
7-21-87___ _C-10417_ _ FROM SUMMERFIELDS BOULE_VA__RD TO 116 FEE °'
~~ _ SOUTH OF H MP N D ~ ---
The low bidder is in compliance with the City's MBE and WBE Policy
ENGINEER'S ESTIMATE OF COST
Based on standard City policy and the low bid prices, the following assessment
rates have been established
COMMERCIAL APPROVED BY
CITY COUNCIL
7 Inch Thick Reinforced Concrete $57 51/L.F.
7 Inch High Integral Concrete Curb $ 2 58/L F
Street Lights $ 4 38/L F `~Itl ~~ P~QT
Drainage $15.25/L F. ~„ ,~
Pipe Line Adjustment $ 6 28/L F. '~
The cost of the project is therefore distributed as follows eitpseare:a
City of Port Worth ex~g
Total Cost to Property Owners $138,655 22 (65q)
Total Cost to City of Fort Worth $ 74,029.41 (35%)
FINANCING
The total street construction cost to property owners, $131,581 5Z, will be
provided by a bond fund transfer from Special Assessment Fund 94, Project
No 009905-00, Unspecified, where sufficient funds are available, to Project
Account No. 136023-00, North Beach Street
The total street light cost to property owners of $7,073 70 will be provided by
a bond fund transfer from Street Improvement Fund 94, Project No. 009905-00,
Special Assessments Unspecified (where sufficient funds are available), to
Project Account 032035-00, Thompson Road and North Beach Street Lights.
The City's share of the cost is $64,238.41 for construction and $9,791 00 for
engineering inspection and administration. A bond fund transfer in the amount
of $64,238 41 from Street Improvements Fund 90, Account No 136901-00, New
Development Unspecified (where sufficient funds are available) to Project
Account No 136023-00, North Beach Street, is necessary to finance the City's
share of construction The expenditure will be made from Index Code 621458
Inspection and administration costs will be paid from Street Improvements
Fund 90, Account No 095103-00, Engineering Salaries, where sufficient funds
are available. The Index Code for inspection labor (621227) and administration
labor (621169) will be used
DAI dz
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY
ORIGINATING
DEPARTMENT HEAD
Gary Santerre
FOR ADDITIONAL INFORMATION
CONTACT Ed Drolet 7805
DISPOSITION BY COUNCIL.
CI APPROVED
I-i OTNER (DESCRIBE)
Adopted Ordinance Na.
PROCESSED BY
CITY SECRETARY
TE