HomeMy WebLinkAboutOrdinance 6278 ORDINANCE NO. CG
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING
FOR THE IMPROVEMENT OF A PORTION OF GUILFORD-BRYANT IRVIN ROAD
CONNECTION AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO CONCHO CONSTRUCTION CO., DALLAS, TEXAS AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION;
MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY
INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING
PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVE-
MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH
ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE
ESTIMATES;. 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
IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SES-
SION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106; COM-
MONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED
BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMER-
GENCY EFFECTIVE MAY 12, 1967; 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 APPRO-
PRIATE 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 ex-
amined by the City Council of the City of Fort Worth, Texas, and found to be in all mat-
ters and things proper, NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT:
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:
PROJECT N0. 101+-23000-118
UNIT III-A: TEXAS AND PACIFIC RAILWAY Known and designated as Unit III-A,
COMPANY OVERPASS BRIDGE ON GUILFORD- Project No. 104-23000-118.
BRYANT IRVIN ROAD CONNECTION
UNIT III-B: WEST VICKERY BOULEVARD From Station 122+66 to Station
131 +56 at intersection with
Guilford-Bryant Irvin Road Con-
nection, known and designated as
Unit III-B, Project No. 104-
23000-118.
I3I< I
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:
UNIT III-A: TEXAS AND PACIFIC RAILWAY Known and designated as Unit
COMPANY OVERPASS BRIDGE ON GUILFORD- III-A, Project No. 104-23000-118.
BRYANT IRVIN ROAD CONNECTION
UNIT III-B: WEST VICKERY BOULEVARD At Intersection with Guilford-
Bryant Irvin Road Connection, from
Station 722+66 to Station 134+56,
known and designated as Unit III-B,
Project No. 104-23000-118: a seven-
inch thick reinforced concrete pave-
ment on a six-inch thick lime sta-
bilized subgrade, with seven-inch
high concrete curb, so that the
finished roadway will consist of
two twenty-six foot lanes with a
twelve to eight foot concrete median,
and six-inch thick concrete drive-
ways where specified.
Z b
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 therefor.
IV.
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 thereof 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 there-
of and shall constitute a first and prior lien upon such properties and a personal
liability of the real and true owners there of 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 pro-
perty 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 six (6%) 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 immedi-
ately due and payable; but it is specifically provided that no assessments shall in
any case be made against any property or any owner thereof in excess of the special
benefits to property in the enhanced value thereof by means of said improvements in
the unit upon which the particular property abuts, as ascertained at the hearing pro-
vided 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, PROVIDED, however, that acting through its duly authorized Director
of Public Works, the City of Fort Worth retaining the right to authorized 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 more than
Cf
30 days after the 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 the 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 pro-
ceedings 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 re-
citals 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 in-
validate 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 re-
vised Civil Statutes of Texas, as amended, and the bid of CONCHO CONSTRUCTION
CO., DALLAS, TEXAS having been found to be the lowest and
best bid for the making and construction of said improvements, the contract there-
fore is hereby awarded to CONCHO CONSTRUCTION CO., DALLAS, TEXAS
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 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
e
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.
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 APPROVED THIS �2 7 DAY OF 19 ZG .
APPROVED AS TO FORM AND LEGALITY:
1 t
City Attorney
- City of Fort Worth, Texas
Mayor and council Communication
MORPIM
R.&B,
DATE REFERENCE SUBJECT: Award of Contract - Unit III. A, PAGE
NUMBER
QFAHAM Texas and Pacific Railway Company Over- 1o 2
3/30/70 C-1696 ass Bridge on Guilford-Rrynnt- Irvin Rnq(l
Connection, and Unit III B, Paving and Improvement:.
on [Nest picker-? `'-iii evard at Intersection with. r-ui'.
ford-Ervart Trv`_r_ "cad Connection.
City Council action is requested on the project described below.
Project Description
Nature of Work: Unit III A, Texas and' Pacific Railway Company Overpass Bridge
on Guilford-Bryant Irvin Road Connection Unit III B, Assessment Paving and
Improvements on West Vickery Boulevard at intersection with Guilford-Bryant
Irvin Road Connection, from Station 122+66 to Station 134+56. Roadway width
will consist of two 26-foot.-wide lanes with a twelve to eight foot median.
This project was City initiated and is part of the 1970 Capital Improvement
Program.
Submission of Bids
The following bids have been received:
Bidder Amount Bid
Concho Construction Co. , Inc. , Dallas $414,815.62
Shandel Construction Co. , Inc. , Dallas 468,588.37
Austin Road Co. & Austin Bridge Co. 470,862.96
Texas Bitulithic Company 487,017.82
Brown & Blakney, Inc, 490,917.45
Bids received: March 19, 1970
Working Days Allotted: 150
Project Cost and Financing
Based on the low bid, approximately $4,102.65 will be assessed against the
abutting property owners. The cost to the City-at-large will be approxi-
mately $452,194.53. A balance of $295,000 remains. available from the original
allocation for the City's share of construction and inspection engineering
costs. A transfer from the 1969-70 current operating budget appropriation for
Capital Improvement is proposed to provide the City's additional cost.
Recommendations
It is recommended that:
1) The following Bond Fund transfer be approved:
`31�
DATE REFERENCE SUBJECT: Award of Contract - Unit III A, PAGE
NUMBER
3/30/70 C-1696 Texas and Pacific Railway Company Over- 2 2
ass Brid a on Guilford-Br ant Irvin of
Road Connection, and Unit IIIB, Paving and Improve-
ments on West Vickery Boulevard at Intersection with
Guilford-Bryant Irvin Road Connection.
Amount From To Reason
$4,102.65 Revolving Fund Guilford-Bryant Property owners'
042-09724-901 Irvin Road Connection portion of con-
042-•10423-118 struction cost
2) The following Capital Improvement Fund transfer be approved:
Amount From To Reason
$158,000.00 1969-70 Capital Guilford-Bryant Provide additional
Improvements Irvin Road Connection funds for City's
Account No. Project No. 104-23000-118 cost of construc-
001-90075-3807 tion and inspec-
tion engineering
3) An ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Making provisions for levying assessments;
c) Directing the Public Works Director to prepare estimates of
costs and amounts to be assessed;
d) Awarding the contract to Concho Construction Co. , Inc. , Dallas,
Texas, in the amount of $414,815.62; and,
e) Making appropriations to cover the indebtedness thereby incurred
for improvements as described above.
4) An ordinance be adopted:
a) Approving the estimates of costs and amounts to be assessed; and,
b) Setting April 27, 1970, as the date for the Benefit Hearing.
HDM/je
Attachments:
"A" - Location Map
"B" - Engineers' Preliminary Rolls
SUBMITTED BY: DISPOSITIO COUNCIL: PROCESSED BY
AET APPROVED ❑ OTHER (DESCRIBE)
Xx�_
Adopted Ordinance No.. kjCX77-'�' Declaring CITY SECRETARY
Necessity An r7 0rdinanro Nn /r%, DATE
CITY MANAGER
Setting Date of Benefit Hearing as 70
-
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CUMBER AND �, Z ► z1GtiCa• LEGEND
RD.
1970 —1971 PROJECT
1969 PROJECT
GUILFORD - BRVANT IRVIN ROAD CONNECTION
IMPROVEMENTS , UNIT 111
PROJECT NO . 104.23000.118
FORT WORTH, TEXAS
19
TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS.
Gentlemen:
In accordance with the proceedings of your Honorable Body, I have prepared
estimates of the cost of stIreet improvements as shown below:
Estimates of the total cost of improvements on a portion'of Guilf.ord9BjXantit
Iavian Road Connection and, portions of sundry other, stteetsa avenues, and public ,places in
the City of Fort Werth,, Texas, and estimaated amnounnts per front foot to be assessed against
abutting pFoperety anad the owners thereof, on each portion of street, avenue, and public
place are as follows, tto-wit:
PROJECT NO. 104-23000=118, UNIT III A: TEXAS AND PACIFAC RAILWAY COMPANY OVERPASS BRIDGE
ON GUILFORD-BRYANT IRVIN ROAD CONNECTION.
PROJECT NO. 104-23000-118 UNIT III B: ' WEST- V ICKERY #OULEVARID AT INTERSECTION WITH
GUILFORD-BRYANT IRVIN ROAD CONNECTION,JROM STATION 112+66 to STATION 134+56, to be
improved by constructing 'a seven-inch1. thick reinforced concrete pavement oan a six-
inchtk ick lime 'stabilized suubgrade with sevenn=inA 'high concrete curha,;. so that 'thee
finished roadway* will bonsist .of two twemity-'six' foot.. lanes with, a twelve to eight 'foet
viide:conciete ammedian, and by constructing six-inch thick concretedri®eways wherespecified. -
The following assessment rates havebeen established:
Seven-inch thick reinforced concrete pavement
(Commercial Zoning less .27 credit for
existing penetration) . . . . . $14.50/L.F.
(Commercial Zoning fess .27 credit for
existing penetration, less shallow lot
credit) . . . . $ 4_79/L.F.
Seven-inch curb only . . . . . . . . . . . . . . , , . . . $ .91/L.F.
Six-inch thick concrete driveways . . . . . . . . . . . . . . . . . $
The assessments result in the following division of costs:
TOTAL COST TO PROPERTY OWNERS . . . . . . . . . . $ 4,102.-65
TOTAL COST TO CITY OF FORT WORTH . . . . . . . . . . $452.194,53
TOTAL ESTIMATED CONSTRUCTION COST . . . . . , . . . . $456,297.18
PROJECT NO.- 104-23000-Ilk, UNIT III A,, TEXAS AND PACIFIC RAILWAY COMPANY OVERPASS BRIDGE
ON GUILFORD-ERYANT IRVIN ROAD CONNECTION.,-
PROJECT NO. 104-23000-118 III 1$, WEST VIiCKERY BOULEVARD AT INTERSECTION WITH G1UILFOR1D-
RRYANT IRVIN ROA1D' CONNECTION, from Station 122+66 to Station 134+569 to be improved by
cons,tructibg a seven-inch thick reinforced concrete pavement on a six-inch thick lime
stabilized s.ub'grade with seven-inch high concrete curb so .thpat the finished roadway will
consist of tufo twenty-six foot lanes with a twelve to eight front conncreteimedia¢n, and
by constructing six-inch thick concrete driveways where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RAVE A14OIUNT ASSESSMENT
NORTH SIDE OF STREET RIDGLEA PARD ADDITION
Ridglea Park Corporation 8 2001
Apt. No Assessment
City of ]fort Worth 584'
No Assessment
P', G. BEA2LEY SUVET,
Dr. Mal Rumphn Tract 1 406' Adjusted to
909 Eighth Avenue Common. 1331 Pavement $14.50 $19957.50
135° Curb Only .91 122.85
$29080.35
SOUTH SIDE OF STREET INMAN SURVEY
Texas & Pacific R.R, T & P Yard. 1190' Ad justted to
Room 301 315' Pavement $4.79 x$19 508.85
T & P MS. 315' Curb only .91 280.65
221 W. LamcaPster 270' Sq. Ft. .84 226.80
Att�n: , Mr. J. C. Lorre $29022,30
UNIT III R TOTAL COST TO PROPERTY OWNERS . • . • $ 49102,65
TOTAL (COST TO CITY OF ]PORT WORTH. . . 114.331.62
TOTAL ESTIMATED CONSTRUCTION COST a $118,434.27