HomeMy WebLinkAboutOrdinance 9968ORDINANCE No. ~ 1~~,
AN ORDINANCE DETERMII~TING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVIIKII~]T OF HANDLEY-EDERVILLE ROAD,
AS HEREINAFTER SET FORTH; PLAN AND
SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING
CONTRACT TO ~ & NEWELL, LTD. FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENT'S; MAKING
APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTIDNESS THEREBY
INCURRID; MAKING PROVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST
ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE OOSTS
OF SUCH IMPROVET'IENTS; 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
SUffiEQUEN'i' PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE
AND SHALL BE IN ACCORDANCE WITH ARTICLE 11O5b OF VERNON'S TEXAS
CIVIL STATq]TES; AND DIRECTING THE CITY SECRETARY 'PO ENGROSS AND
ENROLL THIS ORDINANCE BY OOPYING THE CAPTION OF SAME IN THE MINUTE
BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLF;I'E ORDINANCE IN
THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN
EFFECTIVE DATE.
W[~REAS, 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 HANDLEY-EDERVILLE ROAD , which is hereby designated
Project No. 30-036812-00 , (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:
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BE IT ORDAINED BY THE CITY OOUNCIL 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: HANDLEY-IDERVILLE ROAD, FROM JACK NEWELL BOULEVARD TO RANDOL MILL 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. 30-036812-00 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
$„4,165,765.71 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 (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 n1EWELL & NEWEId,, LTD. ,
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 NEWII~ & NEfn~I~, LTD.,
at and for the amount of $3,950,000.00.
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 20th day of October, 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.
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'T'his ordinance shall take effect and be in full force and effect from and after
the date of its passage. 9
PASS AND APPROVED THIS ,c ~ DAY OF ~,~ ,
19
APPROVID AS TO FORM AND T•F'~AT,ITY:
City Attorney
Date : ~ ~ ( ~
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accouNr~r~s z
pity ®f 1Fo~°~ ~®~°th, ~Ce.~ca~
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-~-~~"'"""~ "DATE REFERENCE sus~ECr AWARD OF CONTRACT FOR ASSESSMENT P VINC-pn~E
NUMBER OF HANDLEY EDERVILLE ROAD FROM JACK N WELL 3
VIarER AOMItQiS7Ra eOfQ 1 of _
22-87. C-10542 BOULEVARD TO RANDOL MILL ROAD
RECOMMENDATION
It is recommended that the City Council
1.,_.~ approve the following bond fund transfers
FROM TO AMOUNT
94-009905-00 94-036812-00 $158,701.00
Special Assessments Handley - Ederville
Unspecified Road From Jack Newell
Blvd. to Randol Mill Road
REASON
To provide funds for
the property owner's
share of the street
construction cost.
94-009905-00 94-032263-00 $ 11,815.44 To provide funds for
Special Assessments Handley - Ederville the property owner's
Unspecified Road (street lights) share of street light
costs.
2. authorize the City Manager to execute a contract with Newell & Newell,
I_td., in the amount of $3,950,000 for Handley-Ederville Road based, on
their low bid,
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 cost and amounts to be assessed as stated in the
Engineer's Estimate,
5. establis~ October 20, 1987, as the date of the benefit hearing,
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6. authorize the preparation of assessment rolls and notification of property
owners in accordance with the provisions of Article 1105b of 1lernon's
Texas Civil Statutes, and
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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
Rnrkr.Rni iNn
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On June 10, 1986 (M&C C-9685), the City Council approved Community Facilities
Agreement No. 15581 with Riverbend General Partnership for the improvement of
Handley-Ederville Road from Jack Newell Boulevard to Randol Mill Road.
It is proposed to widen Handley-Ederville Road to a four lane undivided roadway
from Jack Newell Boulevard South to Randol Mill Road. A new four lane bridge
will be constructed over the Trinity River.
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DATE REFERENCE sus~e~WARD OF CONTRACT FOR ASSESSMENT PAV NG pAGE
NUMBER OF HANDLEY EDERVILLE ROAD FROM JACK NEW LL 2 3
9-22-87 C-10542 BOULEVARD TO RANDOL MILL ROAD °'
This project is located in Council District No. 4.
PROJECT DESCRIPTION
STREET
Handley-Ederville Rd.
ROADWAY
WIDTH-FEET
48-60
ROW
WIDTH-FEET
68-80
LIMITS
From Jack Newell Blvd.
to Randol Mill Rd.
IMPROVEMENTS
Handley-Ederville Road is to be improved by constructing an 8-inch reinforced
concrete pavement on an 8-inch thick lime-stabilized sub-base on the level
sections of the project and by constructing a 3-inch hot-mix asphaltic concrete
pavement on an 8-inch crushed limestone flex base on the bridge approaches and
fill area resulting from the Trinity River channel realignment. The project
includes the bridge over the new river channel, related drainage ;im.provements,
and 86 linear feet. of the intersection with the future alignment of Randol Mill
Road. Street lights will be installed at a later date under a separate
contract. The 86 linear feet of the Handley-Ederville Road at old Randol Mill
Road will be concrete paved as part of future Randol Mill Road improvements.
The hot-mix asphaltic pavement will be replaced with permanent concrete pave-
ment once they expected settlement has substantially ended, probably in four to
five years.
RECEIPT OF BIDS
Bids for this project were received on July 2, 1987, after being advertised on
June 4 and 11, 1987; with 320 working days allotted to complete the project.
Bids received are as follows
BIDDER AMOUNT
Newell and Newell, Ltd. $3,950,000.00
gown and Blakney, Inc. 4,262,901.01
Martin K Eby Co., Inc 4,410,501.00
The low bidder has met pre-bid qualifications, including the City of Fort Worth
Minority Business Enterprise Policy for this bid.
ENGINEERS ESTIMATE OF COST
Based on standard City policy and the low bid prices, the following assessment
rates have been established
y _____.
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DATE REFERENCE suBAI~dARD OF CONTRACT FOR ASSESSMENT PAVING PAGE
.,~ NUMBER OF HANDLEY EDERVILLE ROAD FROM JACK NEWELL 3 3
9-22-87 C-10542 BOULEVARD TO RANDOL MILL ROAD or __.
COMMERCIAL
Eight inch thick concrete pavement $63.40/L.F.
Seven inch high concrete curb $ 3.26/L.F.
Street lights $ 5.46/L.F.*
Drainage $11.42/L.F.
*Estim ated cost
The cost of the project is therefore distributed as follows:
Total Cost to Property Owners $ 773,923.73 (19%)
Total Cost to City of Fort Worth $3,391,841.98 (81%)
FINANCING
The total paving cost to property owners is $755,658.02 of which $596,957.02
will be prepaid. The balance of $158,701.00 will be provided by a bond fund
transfer from Special Assessments Fund 94, Project No. 009905-00, Unspecified,
(where sufficient funds are available) to Project Account 036812-00,
Handley-Ederville Road.
The total cost for street lights to property owners is $18,265.71 of which
$6,450.27 will be prepaid. The balance of $11,815.44 will be provided by a bond
fund transfer from Special Assessments Fund 94, Project No. 009905-00,
Unspecified, where sufficient funds are available, to Project Account
032263-00, Handley-Ederville, Jack Newell-Randol Mill.
The City's share of the cost is $3,391,841.98 which includes $197,500.00 (5% of
bid price) for engineering inspection and administration. Sufficient funds are
available in Street Improvement Fund 30, Project Account No. 036812-00,
Handley-Ederville Road to finance the City's portion of the construction cost.
This expenditure will be made from Index Code 680405.
Inspection and administration costs will be paid from Account No 90-095103-00,
Engineering Salaries, where sufficient funds are available. Index Codes for
inspection labor (621227) and administration labor (621169) will be used.
DAI:dc
APPRQVED DY
CI~ C~}~~C~~
SAP ~~ fear
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY David No
ORIGINATING
DEPARTMENT HEA~`. Santerre
FOR ADDITIONAL INFORMATION
CONTACT Drol et 7805
cs~~ ~e;~±~~~ at ~~~
DISPOSITION BY COUNCIL. `
^ APPROVED
^ OTHER (DESCRIBE)
Adopted Ordinance No.
ED BY
CITY SECRETARY
DATE