HomeMy WebLinkAboutOrdinance 9738;°
ORDINANCE NO.~~
AN ORDINANCE DETERMIIQING THE NECESSITY FOR .AND ORDERING AND PROVIDING
FOR THE IMPROVEMEDPr OF A PORTION OF TRINITY BOULEVARD
AND PORTIONS OF SUNDRY OTHER STREETS, AVEIVIJES AND PUBLIC PLACES IN
THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO AUSTIN
PAVING COMPANY AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVENlII~TI'S
AND AUTHORIZING ITS EXECUTION; MFiKING APPROPRIATIONS FOR THE PURPOSE
OF PAYING THE INDEBTEDNESS THEE2EBY INCURRED; MAKING PROVISIONS FtOR
THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS
THEROF FOR APART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE
OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING
THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE
WITH THE COUNTY CLERK OF ZARRP,NT COUNTY, TEXAS; DECLARING THAT THIS
ORDINANCE AND ALL SUBSEQUENT PRUCEIDINGS RELATING TO SAID STREET
IMPROVEMENT 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 VE~2NON'S TEXAS CIVIL STATUTES
AS AMENDID BY ACTS 1967, 60TH LEGISLAT~JRE, PAGE 365, CHAPTER 176,
SECTION 1, EMERGENCY EFFECTIVE MAY 12, 1967; AND DIRECTING THE CITY
SECRETARY ~ ENGROSS AND ENROLL THIS ORDINANCE BY OOPYING 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
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 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:
TRINITY BOULEVARD From Euless South Main Street easterly to the west
property line of Post Oak Village II Addition,
known and designated as Project No. 21-036808-00.
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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:
~~Ty BOU~~ Fran Euless South Main Street easterly to the west
property line of Post Oak Village II Addition, ]mown
and designated as Project No. 27-036808-00, a seven-
inch thick reinforced concrete pavement with seven-
inch high attached concrete curb on a six-inch thick
lime stabilized subgrade so that the finished road-
way will be a double thirty-six foot roadway with a
twenty-eight foot wide median on a hundred and twenty
foot right-of-way.
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The above, together with concrete curbs, gutters, driveways and incidentals to
such improvements, on proper grade and line where same are not already so constru!
together with storm sewers and drains and other necessary incidentals and appurtena!
all of said improvements to be constructed as and where shown on the Plans!
Specifications therefore.
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 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 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 an~unt of the assessm?nt 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
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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 30 days after the
completion and acceptance by the City of the particular unit, PROVIDID FURTEIER, that the
City Attorney is hereby empowered to authorize payments of said sums in lesser
installments andjor 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 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 AUSTIN PAVING COMPANY 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 AUSTIN PAVING COMPANY , 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
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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.
EacYi 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 assessmrents 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.
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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 APPI~VED THIS
DAY OF~~p~ , 19~.
APPROVk~ AS Ta FORM AND LEGALITY:
City Attorney
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N,atERAuMiNIS1RA'Ti6N } o~/!/'/
FINANCE. 1'
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR CONSTRUCTIO PAST
NUMBER +OF TRINITY BOULEVARD FROM EULESS SOUTH 5
10-7-86 C-9902 (MAIN STREET TO THE WEST PROPERTY LINE '°f __
OF POST OAK VILLAGE II ADDITION AND
INSTALLATION OF 24" WATER MAIN IN TRINITY
BOULEVARD AND EULESS SOUTH MAIN STREET
RECOMMENDATION
It is recommended that the City Council:
1. approve the following bond fund transfers.
FROM TO AMOUNT REASON
UNIT I
09-014006-00 09-014010-00 $300,000.00 To provide funds for
Water Capital Water Capital the installation of
Improvement Improvement water main. (Includes
Pipeline Road Trinity Boulevard $15,363.00 for eng-
(24" Main) and Euless South ineering inspection
Main (24" Main) and administration.)
UNIT II
94-009905-00 94-036808-00, $330,212.22 To provide funds for
Special Assessments Trinity Boulevard the property owner's
Unspecified from Euless South share of the construc-
Main Street to the West tion cost.
property 1 i ne of
Post Oak Village
II Addition
21-036901-00 21-036808-00 $292,707.08
Streets in New Trinity Boulevard
Addition from Euless South
Unspecified Main Street to the West
property line of
Post Oak Village II
Addition
To provide funds for
the City's share of
the construction cost.
2. authorize the City Manager to execute a contract with Tri-Tech
Construction, Inc., for the installation of the 24 inch water transmission
main, based on their lowest responsive bid of $284,637.00.
3. adopt the attached ordinance Adopted OrdPnance No. ~~;,~~~~
A. declaring the necessity for and ordering the improvements;
B. making provisions for levying the assessments;
DATE REFERENCE sus~ECT AWARD OF CONTRACT FOR CONSTRUCTI N pncE
NUMBER OF TRINITY BOULEVARD FROM EULESS SOUTH 2 5
10-7-86 C-9902 MAIN STREET TO THE WEST PROPERTY LINE °f
OF POST OAK VILLAGE II ADDITION AND
INSTALLATION OF 24" WATER MAIN IN TRINITY
BOULEVARD AND EULESS SOUTH MAIN STREET
C. directing the Transportation and Public Works Department to prepare
estimates and amounts to be assessed,
D. awarding the contract to Austin Paving Company in the amount of
$622,919.30 based on their low bid for street construction,
E. making appropriations to cover the indebtedness thereby incurred for
improvements of the project described below, and
4, adopt the attached ordinance Adopfied Ordinance Igo. ~%'s~~
A. approving the estimate of costs and amounts proposed to be assessed;
and,
B. setting November 4, 1986, as the date for the benefit hearing.
RACK(;R(111Nn
ORIGIN OF PROJECT
On April 2, 1984, Yancey Camp Management Company, acting through its Vice
President, L. Bradley Camp, executed a Community Facilities Agreement (No.
13924) with the City of Fort Worth for improvements of Trinity Boulevard from
Euless South Main Street to the west property line of Post Oak Village II to
serve the new addition. The project was approved by City Council on July 31,
1984 (M&C C-8518). Yancey Camp Management Company provided the construction
plans, therefore, only the 1% assessment administration cost has been added to
the engineering cost.
A water main was introduced as part of the project by the Fort Worth Water
Department. A 24" water transmission line will increase the water availability
in the northeast sections of the City, and accomplish the alternative feed to
Post Oak Village II Addition. ,
PROJECT DESCRIPTION
UNIT I 24" WATER MAIN
Trinity Boulevard
From Euless South Main
Street and connecting to
existing facilities at the
west property line of Post
Oak Uillage II.
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DATE REFERENCE sue~ECr AWARD OF CONTRACT FOR CONSTRUCTI N PAGE
NUMBER OF TRINITY BOULEVARD FROM EULESS SOUTH 3 5
10-7-86 C-9902 AIN STREET TO THE WEST PROPERTY LINE °f
OF POST OAK VILLAGE II ADDITION AND
INSTALLATION OF 24" WATER MAIN IN TRINITY
BOULEVARD AND EULESS SOUTH MAIN STREET
Euless South Main Street
UNIT II. STREET
Trinity Boulevard
IMPROVEMENTS
From Trinity Boulevard,
north, to connect with
existing facilities at
South Pipeline Road and
from Trinity Boulevard
South, to connect with
existing facilities at
Violet Lane
LIMITS
Euless South Main
Street to the West
property line of Post
Oak Village II
ROADWAY
1_IT nTl1 r~rT
Double 36
120
Trinity Boulevard is to be improved by constructing a seven-inch thick
reinforced concrete pavement with seven-inch high attached concrete curb on a
six-inch thick lime stabilized subgrade, so that the roadway will be a double
thirty-six foot roadway with a twenty-eight foot wide median on a hundred and
twenty foot right-of-way.
A twenty-four inch reinforced concrete cylinder pipe water transmission line
is to be installed in the public right-of-way.
RECEIPT OF BIDS
UNIT I
BIDDER AMOUNT % of MBE % of WBE
*Mid-Cities Construction $274,400.00 2.9 -O-
Co Inc.
Tri-Tech Construction, Inc. $284,637.00 5.3 -0-
Atkins Brothers Equipment $293,359.00 -O- -0-
Co., Inc.
IIT nTIIOr~f T I
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR CONSTRUCTI N PAGE
NUMBER OF TRINITY BOULEVARD FROM EULESS SOUTH 4 5
- -86 C-9902 MAIN STREET TO THE WEST PROPERTY LINE -- °f
OF POST OAK VILLAGE II ADDITION AND
INSTALLATION OF 24" WATER MAIN IN TRINITY
BOULEVARD AND EULESS SOUTH MAIN STREET
Architectural Utilities, Inc. $293,515.60 7.5 -0-
Lowell B. Allison $306,102.08 -0- -0-
J.L. Bertram Construction $319,343.08 14.1 -0-
& Engineering Co., Inc.
Circl e C. Construction Co. $332,102.00 -0- -0-
L.D. Conatser Contractor $336,483.00 -0- -0-
Brown & Blackney, Inc. $416,399.00 -0- -0-
*Mid-Cities Construction Company was not prequalified by the Water Department
at the time the bids were received for this project. The second low bidder is
the Water Department's recommendation for contract award.
Tri-Tech Construction, Inc., indicated on their bid that 5 3 percent of the
work would be done by an MBE sub-contractor. The City's MBE Coordinator has
reviewed the nine bids received and concurs in the recommendation to award to
Tri-Tech Construction, Inc., based on the MBE specifications for this
particular bid.
BIDDER AMOUNT % OF MBE % OF WBE
UNIT II
Austin Paving Co. $622,919.30 18.0 7.0
SRO Asphalt, Inc. 630,777.08 18.7 -0-
Southwestern Contracting Co $644,912 40 18.3 -0-
L.H. Lacy, Co. $645,325.38 17.7 -0-
J.L. Bertram Construction $667,129 15 6.7 -0-
& Engineering Co.
Charles Cohen, Inc. $692,025.95 4.0 -0 -
& Texas Bitulithic Co.
Brown & Blackney, Inc. $711,972.04 -0- -0-
Ed Bell Construction, Co. $744,238.25 -0- -0-
Mason Construction, Inc. $765,972.36 14.8 -0-
Olmos Equipment Co., Inc. $830,605.30 22.0 -0-
The low bidder on Unit II, Austin Paving Company, indicated in their bid that
18% of the work would be done by an MBE sub-contractor and 7% by a WBE
sub-contractor. The City's MBE Coordinator has reviewed the 10 bids received
and concurs in the recommendation of award to the low bidder.
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DATE REFERENCE
NUMBER SUBJECT AWARD OF CONTRACT FOR CONSTRUCTI N PAGE
OF TRINITY BOULEVARD FROM EULESS SOUTH 5of 5
10-7-86
C-9902 _
__
OF POST OAK VILLAGE II ADDITION AND
INSTALLATION OF 24" WATER MAIN IN TRINITY
BOULEVARD AND EULESS SOUTH MAIN STREET
PROJECT FINANCING
UNIT I•
A bond fund transfer will be necessary from Water Capital Improvement Fund 09,
Project No. 014006-00, Pipeline Road - 24" Main (in which sufficient funds are
available) to Water Capital Improvement Fund 09, Project No. 014010-00, Trinity
Boulevard and Euless South Main - 24" Main. Expenditures will be made from
Index Code 653519. Funds for the Water Department portion of this construction
contract were provided in the 1985/86 C.I.P.
UNIT II:
For Unit II, Trinity Boulevard, based on the low bid of $622,919.30 for street
improvements, $330,212.22 is anticipated to be the property owner's share of
the project costs. This amount will be provided by a bond fund transfer from
Special Assessments Fund 94, Account No. 009905-00, Special Assessments
Unspecified, where sufficient funds are available, to Account No. 036808-00,
Trinity Boulevard from Euless South Main Street to the west property line of
Post Oak Village II Addition.
The cost to the City for street construction is calculated at $292,707,08. A
bond fund transfer in this amount is necessary from Street Improvements Fund
21, Project No. 036901-00, Streets in New Additions Unspecified (in which
sufficient funds are available) to Project No. 036808-00, Trinity Boulevard to
finance the City's share of construction.
Sufficient funds are available in Street Improvements Fund 21, Project No.
095102-00, Engineering Salaries, to finance engineering and administrative
costs.
DAI dg
APPROVED Dy
CITY C0~1~'~~CIL
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Ctty Scaz~tcsrg of thq
City of Pori W oat.', Taga,~
SUBMITTED FOR THE r,
CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY
OFFICE BY ~p ^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Drol et 7905
DATE