HomeMy WebLinkAboutOrdinance 9340
ORDINANCE N0.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION nF WESTERN CENTER BOULEVARD &
NORTH BEACH STREET AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON-
TRACT TO *** J. L. Bertram Construction & Riley Electric AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU-
TION; MAKING APPROPRIATION~u F'OR 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
IMPROVEMENTS AND THE ISSUANCE OF ASSIGNA$LE CERTIFICATES IN EVIDENCE OF
SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PRE-
PARE ESTIMATES, DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION
OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLAR-
ING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID
STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED
SESSION 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, SAGE 365, CHAPTER 176, SECTION 1, EMERGENCY
EFFECTIVE MAY 12, 1967, AND DIRECTING THE CITY SECRETARY TO ENGROSS AND EN-
ROLL THIS ORDINANCE BY COPYING 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, 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:
WESTERN CENTER BOULEVARD From I-35W eastward to North Beach Street, known
and designated as Project No. 30-036713-00, Unit I.
NORTH BEACH STREET From 200 feet south of Western Center Boulevard to
406 feet north of Western Center Boulevard, known
and designated as Project No. 30-036713-00, Unit I-A.
*** J. L. Bertram Construction & Engineering, Inc.
Riley Electric Service & Engineering, Inc
III
Each of the above described portions of streets, avenues and public places in the City of Fort Worth,
Texas, snail be improved by raising, grading, and filling same and by constructing thereon the following, to-wit
WESTERN CENTER BOULEVARD From I-35W eastward to North Beach Street, known and
designated as Project No. 30-036713-00, Unit I, a
seven-inch thick reinforced concrete-pavement with
seven-inch high superimposed concrete curb on a si:x-
inch thick lime stabilized subgrade, so that'~the fin-
ished roadway will consist of two twenty-six feet
wide traffic lanes with a forty-eight feet wide median
for future expansion. Seven-inch thick reinforced
concrete turn lanes and median openings will be const-
ructed where specified and six-inch thick concrete
driveway approaches where required. A five-span pan
and girder bridge will be constructed over Big Fossil
Greek and over Smithfield Creek.
NORTH BEACH STREET From 200 feet south of Western Center Boulevard to 406
feet north of Western Center Boulevard, known and des-
ignated as Project No. 30-036713=00, Unit I-A, a seven-
inch thick reinforced concrete pavement with seven-inch
high superimposed concrete-.curb on a six-inch thick
lime stabilized subgrade, so that the finished roadway
will consist of two thirty-six feet wide traffic lanes
with a twenty-eight feet wide median. `Seven=inch `thick
reinforced concrete turn lanes will be constructed
where specified Two-inch thick hot-mix asphaltic con-
crete pavement on a six-inch thick flexible base temp-
orary traffic lane connections will be constructed for
future continuation of the permanent roadway.
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 shalt be paid for as
follows, to-wi.t
A The property abutting on that portion of the street, avenue nr public
place and the real and true owners thereof ahatl pay all of the cost of curbs and
gutters in front of their property and not exceeding nine-tenths (9/lOths) of the
estimated coat 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 tha 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 shutting 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 snd prior 11en upon such properties and a personal
liability of the real and true owners there of and shall be payable to-wit•
When the improveme„ts 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 1n 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 aeaeasmenta 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 ouch 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 st the rate of eight (8%) percent per
annum, payable annually except as to interest on the first installment, which shall
be due end payable on the date said installmenr matures provided that any owner
shall have the right to pray any and all of such Installment at any time before
maturity by paying principal with interest accrueu to the date of payment and further
provided if default be made in the payment of any installment promptl} Es 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 chat 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 lsw 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 Fart 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 inatatlmenta of not leas than
$9.04 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,
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 fn
which the Director of Public Works has previously determined that an extreme financial
hardship upon the property owner will otherwise result and FROVIDED 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 forma 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 asaesament, 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 inatallmenta in which the assessment ,is payable, which
certificates shall be issued to the City of. Fort Worth, shell 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 atl 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 ao 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 rssigns, the entire
amount of the assessment shall be and became immediately due and payable, together
with reasonable attorney's fees and costa of collection, if incurred, sll 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 i:.r.na 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 ocher matter or thing, shall
invalidate any assessment or any certificate issued in evidence thereof, and the
amission 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 11ASb of the re-
vised Civil Statutes of Texas, as amended, and the bid of J.L. Bertram Construction
& Riley Electric Service having been found to be the lowest and
beat bid for the making and construction of. said improvements, the contract there-
fore is hereby awarded to J.L. Bertram Construction & Engineering, Inc. & Rile
Electric Service & 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 sesessmenta herein provided for shall be made for the
improvements in each unit according to the cost of the improvements in that unit
and sccording 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 eo 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 b'ort 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
RIIZ.
The City Secretary is hereby directed to engroa• 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 DAY OF , 19
APPROVED AS TO FORM AND LEGALITY'
~pl,. City Attorney /' '
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mi~VtsT~iAriOf~ ~S REFERENCE SUBJECT AWARD OF CONTRACT - ASSESSMENT PAGE
AA NUMBER
3/19/85 **C-8911 PAVING OF WESTERN CENTER BOULEV
AND NORTH BEACH STREET i of `3_
City Council action is requested on Project No. 30-036713-00, as described
below:
Roadway R.O.W.
Unit Street Limits Width-Feet Width-Feet
I Western Center I-35W to 2-26' Lanes I20
Boulevard N. Beach Street W/48' Median
I-A North Beach 200' So. of to 2-36' Lanes 120
406' No. of Western W/28' Median
Ctr. Blvd.
Origin of Project
On February 22, 1977 (M&C C-3691), the City Council approved Community
Facilities Agreement No. 9235 for the development of Summerfields Addition,
Phase I, to which a segment of Western Center Boulevard is a border Street. On
November 4, 1982, the Woodbine Development Corporation submitted a formal paving
petition to the City covering all of the property on south side of the street as
well as the property on the north side of the street from I-35W eastward to the
proposed North Riverside Drive. The petition requested that the street be
improved on an assessment basis as soon as funds were available. The land on the
north side of the street was later sold to White Oak Realty Company. However, on
February 9, 1984, the firm acknowledged its commitment to the original
petition. Finally on June 26, 1984, the City Council approved Community
Facilities Agreement No. 11410 for the development of Summerfields Addition,
Phase V, to which a segment of Western Center Boulevard is also a border
street. The actions, as outlined abave, provided a commitment from the
owners/developers of all of the property on both sides of the street concerning
proposed improvements that include the intersection improvements at North Beach
Street.
On May 3, 1983 (M&C C-6870), the City Council authorized the City Manager to
execute an engineering contract with Albert H. Halff Associates, Inc., for the
design of Western Center Boulevard from I-35W to North Beach Street, to include
the intersection.
Improvements
This segment of Western Center Boulevard will be improved with 7" thick
reinforced concrete pavement and concrete curb and driveway approaches (where
required) as a divided thoroughfare. Included are median openings and turn lanes
at existing and proposed intersections. Storm drainage improvements consist of a
double five-span pan and girder bridge over Big Fossil Creek and over Smithfield
Creek as well as 6,323 linear feet of 21" to 66" reinforced concrete pipe and
appurtenances. Street lighting will also be installed.
Intersection improvements at North Beach Street will provide for future
improvement of North Beach Street as a divided thoroughfare.
,..
Y G
DATE REFERENCE sue~ECT AWARD AF CONTRACT - ASSESSMENT PAGE
NUMBER PAVING OF WESTERN CENTER BOULEVARD 2
3 / 19! 85 **C-8911 °f -~
AND NORTHBEACH STREET
Receipt of Bids
The pro3ect was advertised for bids on January 17 and 24, 1985, and the
following bids were received on February 14, 1985, with 290 working days
allotted to complete the project. The bid proposal was prepared to contain five
',(5) Sections for the improvements as indicated below:
Section I - Paving and Storm Drain
Section II - Bridges
Section IIIA - Water Extensions and Relocations within Fort Worth
IIIB - Haltom City 12" Water Line Relocation
Section IV - Sewer (Sanitary) Extensions
Section V - Street Lighting
*Alternate A - Davit Poles
Alternate B - Type 18 Poles
*Requested by developers who will pay the extra cost.
Amount
Section Section V
Bidder I - IV Alt. A Alt. B
J. L. Bertram $3,948,962.71* $145,148.40 $138,978.37
Constr. & Eng. Inc.
Brown & Blakney, Inc. 4,217,796.30 No Bid No Bid
Sun Mount Corp. 4,403,785.80 No Bid No Bid
Texas Bitulithic Co. 4,678,070.16 No Bid No Bid
Austin Road Co. 4,971,600.97 No Bid No Bid
Riley Electric No Bid 140,518.50* A34,043.50
Ser. & Eng. Inc.
Gifford Electric, Inc. No Bid 148,281.00 140,913.56
Sharrock Electric No Bid 192,797.50 181,697.50
* - Apparent low bid.
project Cost and Financing
The total contract(s) cost for this project is $4,089,481.21 of which
$109,632.81 will be prepaid prior to the contract award and deposited in the
pro3ect account. Prepayments are for:
1. Additional cost for Davit Light Poles $ 6,475.00
2. Summerfields Addition, Phase V 72,157.81
(CFA No. 11410)
3. Haltom City Property Owner 31,000.00
(Per Agreement)
Total = $109,632.81
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GATE REFERENCE sue.lecrAWARD OF CONTRACT - ASSESSMENT PAGE
3/19/85 NUMBER
**C-8911
PAVING OF WESTERN CENTER BOULEVARD
3 or 3
Of the remaining $3,979,848.40, approximately $904,057.99 is proposed to be
assessed against adjacent properties in accordance with standard City Policy,
which will be provided for by a bond. fund transfer from the Special Assessments
Unspecified Account, 94-009905-00.
Cost to the City for construction is approximately $3,075,790.41, plus
$245,368.87 (6~) engineering. Sufficient funds are available in Fund 30, Index
Code 095101, for the City's engineering cost. However, a bond fund trat~,s~r+<~o~EQmgY
RR Y U
Streets in New Addition Unspecified to the pro3ect account.
is required for the City's construction cost. CITY CO U N CI
Recommendations: MAR 1 ~ f985
It is recommended that the City Council:
~~ ~~~
~ _
1. approve the following bond fund transfers:
City 5eatecaip of the
From To Amount Reason °~ FOi~ W~ ~sx~
94-009905-00 94-036713-00 $ 904,057.99 To provide funds for
Special Assessments Western Center property owners share
Unspecified Blvd. I-35W of construction cost.
to N. Beach St.
30-036901-00 30-036713-00 $3,075,791.00 To provide funds for
Streets In New Western Center the City's construction
Additions Blvd. I-35W cost.
Unspecified to N. Beach St.
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2. adopt an ordinance: Adopted Or
A. declaring the necessity for and ordering the improvements;
B. making provisions for levying assessments;
C. directing the Transportation and Public Works Department to prepare
estimates of costs and amounts to be assessed;
D. awarding the contract to J. L. Bertram Construction & Engineering,
Inc., in the amount of $3,948,962.71 based on their low bid for Section
I, II, III and IV;
E. awarding the contract to Riley Electric Service ~ Engineering Inc., in
the amount of $140,518.50 based on their low bid for Section V,
Alternate A;
F. making appropriations to cover the indebtedness thereby incurred for
improvements of the pro3ect named above;
3. adopt an ordinance: Adopted Ordinance No. ~~
A. approving the estimates of costs and amounts proposed to be assessed;
and
B. setting April 16, 1985, as the date for the benefit hearing.
DAI:dw
SUBMITTED FOR TH
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: ^ APPROYEO
ORIGINATING
Gary L. Santerre
M 1.7 OTHER (DESCRIBE)
ENT HEAD:
DEPART CITY SECRETARY
FOR ADDITIONAL IN FO~TI~01 Schmidt Ext. 7805
CONTACT 2 l
GATE
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