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HomeMy WebLinkAboutOrdinance 9658oRDn~xcE No.~~~ AN ORDINANCE DETERMINING 'THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMII~]T OF A PORTION OF WHITE SEITLFMF'N~' ROAD AMID CLIFFORD ROAD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO J. L. BERTRAM CONSTRUCTION AND ENGINEERING, INC., AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVII~.TTT'S AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUI~'ING PROPERTIES AND THE OWNERS THEROF FOR A PART 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 TE3°3S ORDINANCE WITH THE COUNTY CZEEtK OF TATtRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUffiEQUENT PROCEEDINGS RELATING 2'0 SAID STREET IMPROVII~TYT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSIONS OF THE FORTIETH LEGIT OF THE STATE OF TEXAS, CHAPTEE2 106; COMMC~TLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STA'T'UTES 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 COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE TN 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, 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: WHITE SFTrLFn~'N'T' ROAD From I.H. 820 to Academy Boulevard, known and designated as Project No. 30-036848-00. CLIFFORD ROAD From I.H. 820 to mite Settlement Road, known and designated as Project No. 30-036848-00. -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: WHITE SETITLEN~TTI' ROAD From I.H.. 820 to North Academy Boulevard, known and designated as Project No. 30-036848-00, a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be sixty-feet wide then transitioning from an interior street to a double thirty-six foot roadway with a twenty-eight foot wide median. Six-inch thick driveway approaches will be constructed as specified on the plans. CI~IFF'ORD Rppp From I,H. 820 to White Settlement Road, known and designated as Project No. 30-036848-00 , a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be sixty-feet wide for a distance of thirteen hundred feet, then transitioning southwesterly for 500 feet to two thirty-six feet wide traffic lanes with a twenty-eight feet wide median and continuing as a double thirty-six feet roadway to White Settle- ment Road. Six-inch thick reinforced concrete turn lanes and median openings will be constructed where specified. 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. 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 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 stuns 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 FURTIiEEt, 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 caollection, 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 far 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 found to be the lowest and best bid for the making and construction of s dais provements, the contract therefore is hereby awarded to J. L. Bertram Construction and Engineering, 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 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 in~rovements 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 fog the date of its passage. PASSED AND APPROVE THI5 / ~ DAY APPROVID AS 'IU Ft7RM AND LEGALITY: ~N .r C y Attorney effect from and after 19 -6- _i~ ~~.y ~~ td FILES d _nCCQUN71NG~2 ~.. THANSP_OR,~ATIOAl~PUBL[ ,. ~ ~1/ ® U ~ e.l~ HATER GATE REFERENCE SUB.IECT AWARD OF CONTRACT FOR RECONSTRUCT ON PAGE NUMBER OF WHITE SETTLEMENT ROAD A,ND CLIFFORD 6-17-$6 C-9704 onnn an.inrFtiT Tn T u urn 1 °~ 3 RECOMMENDATION - -- It-~is recommended that the City Council: 1.- approve the following bond fund transfers: FROM TO AMOUNT REASON 94-009905-00 94-036848-00 $430,163.20 Special Assessments White Settlement Road Unspecified and C1 ifford Road To provide funds for the property owners' share of construction cost. 30-036867-00 30-036848-00 $ 31,080.00 To consolidate City White Settlement Rd. White Settlement Raad construction funds. and Clifford Road , 30-035420-00 30-036848-00 $565,900.00 To provide additional Berry Street at White Settlement Road funds for the City's I35 W and Clifford Road construction cost. 94-009905-00 94-032174-00 $ 24,762.69 To provide funds for Special Assessment Legacy Square property owners Unspecified Street Lights share f street lights, 2. adopt the attached ordinance• p~npted Or~Inance 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 J. L. Bertram Construction and Engineering Inc., in the amount of $1,394,437.11, based on their low bid; and, E. making appropriations to cover the indebtedness thereby incurred for improvements of the project described below; and 3. adopt the attached ordinance• Adopted Ordinance No.~G~/ A. approving the estimate of costs and amounts proposed to be assessed; and, B. setting July 22, 1986, as the date for the benefit hearing. DATE REFERENCE sua.iECr AWARD OF CONTRACT F~ PAGE NUMBER OF WHITE SETTLEMENT ROAD AND CLIFFORD 2 3 6-17-86 C-9704 ROAD ADJACENT TO I.H. 820 ~+ ,BACKGROUND On January 15, 1985 (M&C C-8811), the City Council approved Community Facilities Agreement No. 14270 with Hayden Cutler, for the development of Clifford Village Addition, Block 2, Lot 1 and- 2, and Block 1, Lot 1. Segments of White Settlement Road and Clifford Road are border streets to the development. On April 23, 1985 (M&C C-8974), a Community Facilities Agreement was authorized with Legacy Square Joint Venture for the development of Legacy Square, Blocks 1 - 5, to which a segment of White Settlement Road is also a border street. The assessment paving of White Settlement Road from I.H. 820 to Academy Boulevard and C1 ifford Road from I.H. 820 to White Settlement Road includes the two street sections covered by the CFA's and the construction of a section of White Settlement Road which is an interior street in Clifford Village Addition fully funded by the developer but constructed under this contract to provide traffic continuity, PROJECT DESCRIPTION STREET LIMITS White Settlement From I.H, 820 Road to Academy Boulevard C1 ifford Road IMPROVEMENTS From I.H. 820 to White Settlement Road ., -, y ROADWAY WIDTH-FEET 60 feet for 900 feet then tran- sitioning through the interior street section to a double 36 foot roadway 60 feet for 1700 feet, transitioning for 500 feet to a double 36; and 2000 feet as a double 36 foot roadway R.O.W. WIDTH-FEET 80 feet through interior street section tran- sitioning to 120 feet. 80 feet for 1700 feet transition- ing to 120 feet. White Settlement Road and Clifford Road will be constructed of 7-inch thick reinforced concrete pavement with attached concrete curb and driveway approaches where specified on the plans. Storm drain improvements consist of 4,776 feet of reinforced concrete pipe and appurtenances. Street lights will be installed at a later date by City crews. RECEIPT OF BIDS The project was advertised for bids on March 6 and 13, 1986, and the following bids were received on-March 27, 1986, with 120 working days allotted to complete the project. BIDDER AMOUNT J.L. Bertram Construction and Engineering, Inc. $1,394,437,11 S.R.O. Asphalt Company 1,398,528.60 Austin Road Company 1,407,196.35 ~./ ~., DATE REFERENCE NUMBER SUBJECT AWARD OF CONTRACT FOR RECONSTRUCT ON PAGE 6-17-86 C-9704 OF WHITE SETTLEMENT ROAD AND CLIFFOR 3_of_3 _ APPROVED BY CITY COUNCIL Southwest Contracting 1,410,512.00 L.H. Lacy Company 1,461,353.40 Atlas Turk Concrete, Inc, dui ~~ ~~~ 1,557,089.69 APAC-Texas, Inc. 1,587,924.20 Hutch, Inc. 1,739,518..25 Panhandle Construction Co. /~~>.~,~,~„ 2,110,977.50 PROJECT COST AND FINANCING City Seczetaxy of the City of Fon Warth, Texas For White Settlement Road and Clifford Road, based on the low bid of $1,394,437.11 for street and storm drain improvements, approximately $797,359.46 is the property owner's share of project costs. Of this amount $115,538.37 will be paid in cash by the developer for the interior street portion of White Settlement, and $251,657.89 will be paid in cash by the developers for the border streets. These funds will be deposited prior to the benefit hearing. The remaining $430,163.20 will be assessed and will be provided for by a bond fund transfer from Special Assessments Fund 94, Project No. 009905-00, Special .Assessments Unspecified Account (in which sufficient funds are available) to Fund 94, Project No. 036848-00, Assessment Paving of White Settlement Road and Clifford Road in Clifford Village Addition. The cost to the City for construction is approximately 597,077.65 of which $305,272.09 is for street improvements and $291,805.56 is for drainage improvements. Engineering costs are estimated at $127,126.41. Bond fund transfers will be necessary in the amount of $565,900 from Street Improvements Fund 30, Project No. 035420-00, Berry Street at I35 W and in the amount of $31,080.00 from Fund 30, Project No. 036867-000, Whits Settlement Road (in which sufficient funds are available) to Fund 30, Project No. 036848-00, White Settlement Road/Clifford Road to Clifford Village Addition in order to provide additional funds to finance the City's portion of this construction cost. Sufficient funds are available in Street Improvements Fund 30, Project No. 095102-00, salar ies to finance the City's engineering costs. For street lights for White Settlement Road and Clifford Road, the total cost is estimated at $84,917.50. Of this amount, $54,412.36 will be assessed against the abutting property owners. Payments totaling $7,634.70 for interior street lighting and $22,014.97 for border street lighting will be paid in cash by the developer prior to the benefit hearing. The remaining assessment of $24,762.69 will be provided by a bond fund transfer from Fund 94, Project No. 009905-00, Special Assessments Unspecified to Project No. 032174-00, Legacy Square Street Lights. Sufficient funds are available in Street Improvements Fund 30, Account No. 032153-00, Clifford Village Street Lights, and 032174-00, Legacy Square Street Lights to finance the $31,004.14 City share of street light costs. DAI.da SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gar Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT E Drol et 7805 DATE.