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HomeMy WebLinkAboutOrdinance 9731oRDn~ No. ~7v`'~ AN ORDINANCE DETERMIlQING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF TERMINAL 1~AD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT Td WALT WILLIAMS CONSTRUCTION , AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVE[~+IEN7.'S AND ` INC . AUTHORIZING ITS EXDCUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRID; MAKING PROVISIONS FOR THE LEVYII~ OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEROF FOR APART OF THE COST OF SUCH IMPROVENT~TFTS AND THE ISSUANCE OF ASSIGNABLE (~RTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; 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' IMPROVII~[VT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLID 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 ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMERGENCY EFFECTIVE MAY 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 FILING THE COMPLE'T'E ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY AND PROVIDING AN EFFECTIVE DATE. WHERF~AS, 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 ORDAINED 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: TERMINAL ROAD From Blue Mound Road to Decatur Avenue, )mown and designated as Project No. 30-023184-00. -1- III. Each of the above described portions of streets, avenues and public places in the City of Fort Worth, Texas, shall be improved by raising, grading, and filling same and by constructing thereon the following to-wit: TERMIl~iAL }SAD From Blue Mound Road to Decatur Avenue, known and designated as Project No. 30-023184-00, a seven-inch thick reinforced concrete pavement with seven-inch high monolithic concrete curb on a six-inch thick lime stabilized subgrade so that the roadway will be sixty feet wide. Six- inch thick concrete driveway approaches will be constructed 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 shall 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 bec~ne 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 ($~) 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 become 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, PROVIDID, 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 become due and payable not mare than 30 days after the -3- completion and acceptance by the City of the particular unit, PROVIDED 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 PROVIDED 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 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 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 omission of improvements on any particular unit or in front of any property exempt by law from 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 words 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 WALT WILLIAMS CONSTRUCTION INC. having been found to be the lowest and best bid for the making and construction of said improvements, the contract therefore is hereby awarded to ALT WILLIAMS CONSTRUCTION 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 . A._ 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 1.105b 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- Y ,~ ... 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. 'T'his 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 , 19 APPROVED AS TO FORM AND LDGALITY: ST ity Attor y -~- ,:. MAS fER Fll~! ,,,. ~~ . _ .;, ACCOUN;fINQ .2 7RANSPORTAT{gN~P BI ;~p~~~° 11A'fER AOMINISiRATititl ~ ~~,~ c~®~~~c~ll ~~~~,~~~~~~t~~~, DATE REFERENCE suB.lECrAWARD OF CONTRACT FOR RECONSTRUCTI N PACE~~-"-'° NUMBER OF TERMINAL ROAD FROM BLUE MOUND R AD 3 9-30-86 C=9882 TO DECATUR AVENUE ~ >.°f RfCOMMENDAT-ION It is. recommended that the City Council: 1. approve the following bond fund transfers FROM TO AMOUNT 94-009905-00 94-023184-00, $110,772 17 Special Assessments Terminal Road, Unspecified Blue Mound Road to Decatur Avenue REASON To provide funds for the property owners'' share of the construc- tion cost. 30-025801-00 30-023184-00 $ 69,750 To provide additional Reconstruction Terminal Road, funds for the City's ` Unspecified Blue Mound Road share of the construc- to Decatur Avenue tion cost. 2. adopt the attached ordinance: Adopted Ordinance No. ~~/ A. declaring the necessity for and 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 Walt Williams Construction, Inc., in the amount of $211,396.50 based on their low bid; E. making appropriations to cover the indebtedness thereby incurred for improvements of the project described below, and 3. adopt the attached ordinance Adopted Ordnance No. _9.,~' A. approving the estimate of costs and amounts proposed to be assessed, and, B. setting October 28, 1986, as the date for the benefit hearing. C. directing the Transportation and Public Works Department to prepare estimates and amounts to be assessed, D. awarding the contract to Walt Williams Construction, Inc., in the amount of $211,396.50 based on their low bid, E. making appropriations to cover the indebtedness thereby incurred for improvements of the project described below, and ,! ~ ~ DATE REFERENCE sus~ECAWARD OF CONTRACT FOR RECONSTRUCTIO SAGE NUMBER OF TERMINAL ROAD FROM BLUE MOUND ROAD 2 ct 3 9-30-86 C-9882 Tn nFCaTUR ~VFNIIF 3. adopt the attached ordinance: Adopted Ordinance iVO. A. approving the estimate of costs and amounts proposed to be assessed, and, B. setting October 28, 1986, as the date for the benefit hearing. ORIGIN OF PROJECT In 1..98', property owners in the vicinity of Terminal Road from Blue Mound to Decai:~tar requested the City Council to improve the poor roadway on Terminal Road from Blue Mound to Decatur, and the substandard intersection at Terminal Road and Blue Mound Road. At the request of City Council, the existing roadway of Terminal Road from Blue Mound Road to Decatur Avenue (approximately 1300 L.F.) and the intersection of Terminal Road and Blue Mound Road were investigated by the City's Department of Transportation and Public Works a. and found to need total reconstruction with curbs and standard geometric approaches at the intersection of Terminal and Blue Mound Road. On April 12, 1983 (M&C G-5587), the City Council approved the preparation of construction plans and specifications, the acquisition of any additional right-of-way necessary, and the advertising for bids for the project. .~ PROJECT DESCRIPTION ROADWAY R.O.W. STREET LIMITS WIDTH-FEET WIDTH-FEET Terminal Road Blue Mound Road 60 80 to Decatur Road IMPROVEMENTS Terminal Road from Blue Mound Road to Decatur Avenue is to be improved by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high monolithic concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be 60 feet wide. Six-inch thick concrete driveway approaches will be constructed where required. RECEIPT OF BIDS ~''° ~-''1~~ Bids for this project were received on August 14, 1986, after being advertised on July 17 and 24, 1986, with 54 working days allotted. Each contractor also received documents for compliance with the City's Minority Business Enterprises (MBE) and Women Owned Business Enterprises (WBE) Policies. The bids are tabulated as follows: a `~"' y ~'~~~ i DATE REFERENCE suB~ECTAWARD OF CONTRACT FOR RECONSTRUCTI N PACE NUMBER OF TERMINAL ROAD FROM BLUE MOUND ROA 3 3 9-30-86 C-9882 0 D AT AVENU af PERCENT BIDDER AMOUNT MBE WBE Walt Williams Construction, Inc. $211,396.50 -0- 2% Southwestern Contracting Co. $243,113.50 -0- -0- J.L. Bertram Construction & Eng. Co. $243,459.90 -0- -0- Austin Road Co. $244,797.52 6% 14% XIT Construction, Inc. $252,170.00 -0- -0- Bob Moore, Inc. $256,412.54 53% -0- APAC Texas, Inc. $267,519.50 4% 6% Altas Paving, Inc. $270,855.30 -0- -0- Mason Construction $271,804.08 -0- -0- Ed Bell Construction $271,982.76 -0- 5% The low bidder, Walt Williams Construction, Inc., indicated in their bid that 2% of the work would be done by a WBE subcontractor, and 0% for MBE subcontracting. The City's MBE Coordinator has reviewed the ten bids received and concurs in the recommendation of award to the low bidder, based on the MBE/WBE specifications for this particular bid.. PROJECT COST AND FINANCING In accordance with the standard City Policy and the low bid unit price, the proposed assessment against adjacent property is $110,772.17. This amount will be provided by a bond fund transfer from Account No. 94-009905-00, Special Assessments Unspecified. The cost to the City for construction is approximately $100,624.33 plus $10,569.82 (5% of bid price) for Engineering inspection and administration. Construction funding will be provided by a bond fund transfer in the amount of $69,750 from Street Improvement Fund 30, Project No. 025801-00, Reconstruction Unspecified (in which sufficient funds are available) to Project No. 023184-00, Terminal Road, Blue Mound to Decatur. The remainder of the funds needed for this reconstruction are available in Street Improvements Fund 21, Project No. 023184-00, Terminal Road. Expenditures will be made from Fund 30 Index Code 680405, Construction and Fund 21 Index Code 642199, Construction. Sufficient funds are available in Fund 30, Account No. 095102-00, Engineering Salaries, for inspection, engineering, and administrative costs. APPROVED DY CITY CpU~VCI~ . DAI:df $~P" ~~ ~~ ~~~ Q s. SUBMITTED FOR T CITY MANAGER'S DISPOSITION BY COUNCIL: City of F< rc Pi~•OGfSS'EP.~BY OFFICE BY ~ ^ APPROVED ORIGINATING ~' ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gap' Santerre ~ CITY SECRETARY FOR ADDITIONAL INFORMATIO `~rol et 7805 CONTACT DATE.