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HomeMy WebLinkAboutOrdinance 9450ORDINANCE N0. AN ORDINANCE DETERMINING THE NECESSITY..FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF HANDLEY-EDERVILLE ROAD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO Newell/Eby Joint Venture AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; 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 IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE 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, PAGE 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 COUNC'TL OF THE CITY OF FORT WORTH, TEXAS, THAT: 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: HANDLEY-EDERVILLE ROAD From Midway Road to twenty-feet south of Jack Newell Boulevard South, known and des- ignated as Project No. 30-036688-00. 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. HANDLEY-EDERVILLE ROAD From Midway Road to ~aenty-feet south of Jack Newell Boulevard South,. known and designated as~Project No. 30-036688-00, a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick cement modified subgrade, ~so that the finished roadway will be sixty feet wide. Six-inch thick concrete driveway ap- proaches will be constructed where required and seven-inch thick reinforced concrete curb openings at private street intersections. 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 Plana and Specifications therefor IV The coat 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 puhl.ic place and the real and true owners thereof shall pay alt 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 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 aeaessed 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 aeaessed against property abutting upon such completed and accepted unite shall be and become payable in five (S) 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 aeaesamenta 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 aeaessed 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 inetallmenr matures provided that any owner shall Dave the right to pay any and all of such Installment st 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 Es the same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the asaeaement 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 aeseeament be made in any case until eft.er notice of hearing ae 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. a~~ch 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 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 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 assessment, which shell 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 ouch other recitals as may be pertinent thereto, and shalt 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 evidenct 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 assigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorney's fees and costa of collection, if incurred, all of which, as well a• the principal and interest on the aeaeasment, shall be a first and prior lien against the property, superior to all other ii.rna 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 aaaesament 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 aaaesament for street improvements shall not in- validate any aaaesament 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 Newell/Ebv Joint Venture 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 Newell/Ebv Joint Venture 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, Texae, by said contract, there is hereby appropriated out of available funds and current revenues of the City, an amount auff.icient 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 6tate 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. IR. 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 anc! the assessments against the property shall be valid XI The Director of Public Works of the City dr Fort Worth, Texas, be and he is hereby ardered 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 tht provisions of the Act passed at the Fifth Called Session of the Porty-first Legislature of the State of Texae, 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 RIII 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 ~~,~ DAY OF , 19y~ APPROVED AS TO FORM AND LEGALITY: P s~ City Attorney r>nASrER:,~,V / ~ w, ,z ~---'~. ~ax.~~"en~e~c~ k. pity ®~' 1~®D°t ~®~t~,, ~l'~.~~~ `> Aecoua~ii„~, - aRArssNUel. ~ ~~~~~° ~~~ c~®~uc~~alC c~®~~~uc~~~c~~ta®~ ~:~ DATE , REFERENCE SUBJECT AWARD OF CONTRACT-CONSTRUCTION OF PAGE NUMBER WATER MAIN AND ASSESSMEN( PAVING 3 8/6/85 **C-9174 HANDLEY-EDERVILLE ROAD 1 or RECOMMENDATION It is recommended that the City Council: 1. Approve the following bond fund transfers: From To Amount Reason 94-009905-00 94-036688-00 $272,773.80 To provide funds Special Assessments Handley -Ederville Rd. for the property Unspecified Midway Rd. to Jack owners share of Newell Blvd. South construction cost. 30-039901-00 30-036688-00 $ 87,020.00 To provide addi- Intersection Handley-Ederville Rd. tional funds for the Revision Midway Rd. to Jack City's construction Unspecified Newell Blvd. South cost. 30-032901-00 30-032173-00 $ 18,330.00 To provide addi- Unspecified Handley-Ederville Rd. tional funds for the Street Lights Midway Rd. to Jack City's street light Newel l Blvd. South cost. /,~ 2. Adopt an ordinance: pdOpted Ordinance No.~~_S~~`° 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 of costs and amounts to be assessed; D. awarding the contract to Newell/Eby Joint Venture, in the amount of $912,569.30, based on their overall low bid for Units I and II; E. making appropriation to cover the indebtedness thereby incurred for improvements of the project named above; 3. Adopt an ordinance• Adapted Ordnance No. ~~~/ ' A. approving the estimates of costs and amounts proposed to be assessed, and, B. setting September~1985, as the date for the benefit hearing for Unit II only. ~~tt AU M~NISI i2Al~i11'J •i ,, a~,..i,1~y-...r ~,. '~- DATE REFERENCE SUBJE~WARD OF CONTRACT-CONSTRUCTION OF PAGE NUMBER WATER MAIN AND ASSESSMENT PAVING OF 2 2 8/6/85 **C-9174 HANDLE Y-E DERVI LLE ROAD °f RECE IPT OF BIDS The project was advertised for bids on June 21 and July 4, 1985, and the following bids were received on July 18, 1985, with 117 working days allotted to complete the project. Paragraph 2, of the Special Provisions in the bid proposal,~indicated that "The City intends to award one contract to the overall low bidder." Unit I Unit Ii Bidder Water Main (Street & Storm Drain) T otal Newell/Eby 79,740.00 -X832,829.30 $912,569.30 Joint Venture J. L. Bertram 83,893.75 890,414.15 974,307.90 Constr. & Eng. Inc. L. H. Lacy Co. 97,096.40 1,068,648.50 1,165,744.90 Texas Bitulithic Co. 99,891.38 1,093,908.40 1,193,799.78 P. & R. Constr. Co., Inc. 103,304.80 1,159,424.95 1,262,729.75 Elder Constr., Inc. 68,981.25 No Bid ~~~~~~~~ ~~ Larry H. Jackson 90,265.00 No Bid ~~f~ ~~~ Constr. Inc. AUG ~g~g Lowell H. Jackson 95,511.42 No Bid Inc ~~ Contractors . j ~~~~~ , PROJECT COST AND F I NANC I NG City Seoretaty of the ~ City of Fo13 Sufficient funds are available for Unit I, 16-Inch Water Main Handley-Ederville Road, in Fund 57, Project No. 6'5$59'-8~0 to provide for this contract. ors-/~q-oo For Unit II, based on the low bid of $832,829.30 for street and storm drain improvements and the engineer's estimate of $55,260.00 for street lighting, approximately $526,641.01 is proposed to be assessed against adjacent properties. Of this amount ($526,641.01), $253,867.21 will be paid in cash by the developer and deposited in the project account prior to the contract award. The remaining assessment of $272,773.80 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 $361,448.29, of which $133,690.79 is for street improvements., $207,327.50 for storm drain facilities, $20,430.00 for street lights plus $58,298.05 (7%) engineering. Bond fund transfers are .required from appropriate ,unspecified accounts to supplement available funds in the construction and' street light project accounts. Sufficient funds are available in Fund 13, Project No. 095101-00, for the City's engineering cost. DAI:df SUBMITTED FOR THE- n GER'S ^ / / DISPOSITION BY COUNCIL. PROCESSED BY / ~~_j. G ~~~ t7F ICE gy ^ APPROVED ORIGINATING ^ OT (DESCRIBE) DEPARTMENT HEAD: Gary L. Sante.rre ~i.~ ~ CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odel 1 Schmidt Ext . 7805 GATE