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HomeMy WebLinkAboutOrdinance 9604ORDINANCE NO ~~ Oc~G AN ORDINANCE DETERMINING THE NECESSITY FOR AMID ORDERING AND PROVIDING FOR THE IMPROVIIKII~IT OF A PORTION OF WILLIAMS ROAD -- AND PORTIONS OF SUNDRY OTHER STREETS, AVII~iUES AND PUBLIC PLACES IN THE CITY OF FbRT WORTH, TEXAS; LETTING CONTRACT TO J. L. BERTRAM CONSTRUCTION AND ENGINEERING. INC... AND FOR THE MAKING AND OONSTRUCrION OF SUCH IMPROVFI-'IENTS AND AUTHORIZING ITS EXECUTION; MAKI1~ APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTIDNESS THEREBY INCURRED; MFiKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEROF FOR A PART OF THE COST OF SUCH IMPROVEMEL~IS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY Ta FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRA1Vf COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUffiEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENT ARE AND SHALL BE PURSUANT ~ THE ACT OF THE FIRST CALLED SESSIONS 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 ACIS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMERGENCY EFFECTIVE NlAY 12, 1967; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY OOPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILIIS THE COMPLETE ORDINANCE IN THE APPROPRTATF' 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 ORDAINID BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, 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: WILLIAMS ROAD From Chapin Road Northward to U.S. 80 West, known and designated as Project No. 29-024317-00. -1- III. Each City of Fort constructing of the above described portions Worth, Texas, shall be improved thereon the following to-wit: WILLIAMS It(JAD of streets, avenues and public places in the by raising, grading, and .filling same and by From Chapin Road Northward to U.S. Highway 80 West, known and designated as Project No. 29-024317-00, a seven-inch thick reinforced concrete pavement with a seven-inch high mono- lithic concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be forty-four feet wide with eleven-feet wide left turn lanes at Chapin Road and U.S. Highway 80 West. Six-inch thick con- crete driveway approaches will be constructed a;:r~~ct~ed where required. -2- The above, together with concrete curbs, gutters, driveways and incidentals to such improvements, on proper grade and line where same 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 therefore.. N. 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 public place and the real and true owners therof 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 of 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 sha11 be assessed against such properties and the real and true owners thereof and shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof and shall be payable to-wit: When the improvements are completed and accepted by the City on a particular unit, the sums assessed against property abutting upon such completed and accepted units shall be 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 property abutting upon the remaining units shall be and become due and payable in such installments after the date of completion and acceptance of such respective 'unit. The entire amount assessed against the particular parcels of property shall bear interest from the date of such completion and acceptance of the improvements on the unit upon which the particular property abuts at the rate of eight (8$) percent per annum, payable annually except as to interest on the first installment, which shall be due and payable on 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 same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the assessment upon which such default is made shall be and becane immediately due and payable; but it is specifically provided that no assessments shall in any case be made against any property or any owner therof in excess of the special benefits to property in the enhanced value therof by means of said improvements in the unit upon which the particular property abuts, as ascertained at the hearing provided by the law in force in the City, nor shall any assessment be made in any case until after notice of hearing as provided by law. Said assessments against the respective lots 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, P~JVIDID, however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorize payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty-eight equal regular monthly installments of not less than $9.00 each, the first of such installments to beccane due and payable not more than 30 days after the -3- completion and acceptance by the City of the particular unit, PRfJVIDED 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 Works has previously determined that an extreme financial hardship upon the property owner will otherwise result and PROVIDID 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 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 proceedings 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 recitals 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 instalment 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 become immediately due and payable, together with reasonable attorney's fees and costs 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 liens 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 other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof, and the cimission of improvements on any particular unit or in front of any property exempt by law fran the lien of special assessment for street improvements shall not invalidate any assessment levied. The certificates referred to need not contain recitals in exactly the works above provided for, but the substance thereof shall suffice, and they may contain other and additional recitals pertinent thereto. VI. Bids having been advertised for as required by Article 1105b of the revised Civil Statutes of Texas, as amended, and the bid of J. L. Bertram Construction and Engineering, Inc. having been foun to be the lowest and st i for the making and construction of said improvements, the contract therefore is hereby awarded to J. L. Bertram Construction and Engineerin , Inc. at and for the prices stated in the Proposal of said company and as reported and recommended by the Public Works Department, which said report and -4- 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 under 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 corporation, 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. XI. 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, Texas, 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 Chapter 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. -5- XIII. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same 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 APPROVES THIS ~Z~b ~~"' DAY OF , 19~. ROVED AS TO FORM ITY: City Attorney -6- MAS?~,~R FILE 1'~ y s dA ~OUNTINQ 2 TRANSPORTATION~PUBLIC W KS ~~®~° NA'fER AOIVIINIS7RAT1Of1 pity of F®rt .~®rth, ~e.~~s __ ~~~1 ~®~~~~i~ ~ ~~~~~~~~~~~®~ DATE REFERENCE SUBJECT AWARD OF CONTRACT - ASSESSMENT PAGE NUMBER PAVING OF WILLIAMS ROAD FROM CHAPIN 3. _ _ - 5 3 ROAD TO U. S. HIGHWAY 80 1°f RECOMMENDATION It is recommended that the City Council: 1. approve the. following. bond fund transfers. From. To Amount Reason 94-009905-00 94-024317-00 $94,845.71 To provide funds Special Assessments Williams Road for the property Unspecified Chapin Road to owners share of U. S. Highway 80 construction cost. 29-023176-00 29-024317-00 Bridge-John Williams Road T. White Connection Chapin Road to U.S. Highway 80 2. adopt the attached ordinance: pdOptf A. declaring the necessity for and $133,000.00 To provide funds for the City' s share of construc- tion cost. ;d Ordinance No. ~~ ordering the. improvements; B. making .provisions for levying the assessments, C. directing the Transportation and Public Works Department. to prepare estimates and amounts to be assessed; D. awarding the contract to J. L. Bertram Construction & Engineering., Inc., in the amount of $455,581.15, based on their second low bid; and, E. making appropriations to cover the indebtedness thereby incurred for improvements of the project described below. 3. adopt the attached ordinance. pd~pted Ordinance Noa %~°S A. approving the estimate of costs and amounts proposed to be assessed; and, B. setting April 22, 1986, as the date for the benefit hearing. Rer~rr_Qnii~n On April 18, 1985 (M&C C-8961), the City Council authorized the City Manager to execute an agreement whereby the City of Fort Worth and the City of Benbrook entered into an Inter City Agreement to reconstruct, as a joint assessment DATE REFERENCE SUBJECT AWARD OF CONTRACT -ASSESSMENT PAGE NUMBER PAVT~NG OF WILLIAMS, ROAD FROM CHAPIN 2 3 3-25-$'6 G-5,63 Rnan TO-` lP_ S ~Hi~HWAY 8D °f __ paving project,, Williams Road" from'. Chapin Road northward to U. S. Highway 80. The agreement provides for the shari"ng of all engineering and construction cost on an equal (50-50) basis. The City of Benbrook was responsible for the preparation of all. plans and specifications, with the City of Fort Worth being responsible for the administration of the construction contract. On November 21, 1985 (Resolution No. 85-12), the City Council of the City of Benbrook authorized the City of Fort Worth to assess its property owners in accordance with the City of Fort Worth assessment paving policy. PROJECT DESCRIPTION STREET' Wi 11 i`am$ 'Road ~:e ~ ~ ,. IMPROVEMENTS LIMITS Chapin Road to U. S. Highway 80 ROADWAY R. 0. W . WIDTH-FEET WIDTH-FEET 44 60 Improvements will consist of replacing the existing 42-feet wide asphalt pavement with 7" thick reinforced concrete pavement with 7" high concrete curb on a 6" thick 1 ime stabilized subgrade on a 44-feet wide roadway. Left-turn lanes will also be provided at Chapin Road and U. S. Highway 80 as well as 6" thick concrete driveway approaches where required. Storm drain improvements consist of 940-feet of reinforced concrete pipe and appurtenances. RECEIPT OF BIDS Thy, project was,,advertised for bids on January 30 and February 6, 1986, and the following bids were received on February 20, 1986, with 76 working days allotted to complete the project. BIDDER AMOUNT Sutton & Associates $446,364.75* J.L. Bertram Const. & Eng. Inc. 455,581.15 Austin Road Co. 469,651.95 Centerline Contractors, Inc. 480,333.50 Walt Williams Constr., Inc. 482,806.00 SRO Asphalt, Inc. 561,219.75 Hutch, Inc. 580,600.50 *Apparent low bid. The low bidder for this proposed contract was the firm of Sutton & Associates. However, after exami ni ng samples of Sutton's completed work i n the field and ~~ .:!' ,~.~ C~ ,~. ~~ «~ t 4 DATE REFERENCE NUMBER SUBJECT AWARD OF CONTRACT - ASSESSMENT PAGE PAVING OF WILLIAMS ROAD FROM CHAPIN 3 3 3-25-86 C-9563 ROAD TO U. S. HIGHWAY 80 ---- or _ ____ reviewing their financial statement, the staff is not prepared to recommend award of the contract to this firm. The staff does recommend award of the contract to the second lowest bidder, J. L. Bertram Construction and Engineering, Inc. PROJECT COST AND FINANCING Based on the accepted bid of $455,581.15, the City of Benbrook's share is $227,790.57 with the remaining $227,790..58 being the City of Fort Worth's share. The City of Benbrook will provide the City of Fort Worth with a check in the amount of $227,790.57 prior to award of contract. This check will be deposited in Fund No. 29, Project No. 024317-00, Index Co de 610857, in order to pay the contractor as work progresses. Of the City of Benbrook's share, $103,369.61 is being assessed against the Benbrook property owners on the west side of the street in accordance with the City of Fort Worth's assessment paving policy . Upon completion and acceptance of the project by the City Council, an ordinance will be prepared for Council action assigning the collection of Benbrook property owner's assessments to the City of Benbrook. In accordance with Standard City Policy, Fort Worth property owners on the east side of the street will be assessed $94,845.71. Such cost will be provided for by a bond fund transfer from the Special Assessments Unspecified Account, 94-009905-00. .~ _, Cost to the City of Fort Worth for construction is $132,944.87, plus $18,223.25 (4%) engineering. The City of Benbrook wil l reimburse the City of Fort Worth for one-half of the above engineering costs as they occur. Sufficient funds are available in Street Improvements Fund 29, Engineering Project 095102-00 for the City's engineering cost. Sufficient funds will be available in Special Assessments Unspecified Fund 94, Project No. 94-009905-00 and Street Improvements Fund 29, Project No. 29-023176-00, Bridge-John T. White Connection, (as shown in the recommendation) upon receipt of tkae above mentioned City of Benbrook. DAI.du ~~~~~~~~ ~~ CITY COUNCIL pp y (g~[[t~ Ee~111\ (~~ ~i?ia ~`^^~17~ CRh~l~`~ City 5ooretnzy of the. City of Fort Worth, Texcal~ SUBMITTED FOR THE CITY MANAGER'S ~ OFFICE BY DISPOSITION BY COUNCIL. PROCESSED BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gary Santerre CITY SECRETARY FOR ADDITIONAL IN FORMA ION CONTACT b Schmidt 7805 DATE