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HomeMy WebLinkAboutOrdinance 9098i.r; %- f / f ORDINANCE NO.~~T AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF BRYANT-IRVIN ROAD 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.& ENGINEER~~ TNC:_ AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; MAK'TNG 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 TEXA5, 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 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 pub described portions Fort Worth, Texas, BRYANT-TRVTN ROAD (WEST LANE) Lic necessity for the improvement of the hereinafter of streets, avenues and public places in the City of to-wit: From 175 feet south of Bryan Henderson Road to 292 feet north of Bellaire Drive South, known and des- ignated as Project No. 030-023188-00. ~. , . a _ ~: 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 . BRYANT-IRVIN ROAD From 175 feet south of Bryan Henderson Road to 292 feet north of Bellaire Drive South, a seven-inch thick rein- (WEST LANE) forced concrete. pavement with seven-inch high monolithic curb on an eight-inch thick lime stabilized sub grade, so that the finished traffic lane will be thirty-six feet wide.. Reinforced concrete median openings with turn lanes and concrete driveway Approaches will be constructed where specified. The above, together with concrete curbs, gutters, driveways and incidental.a to such improvements, on proper grade and line where same are not already eo 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 cost of said improvements as herein defined shall be paid for as follows, to-wi.t A The property abutting on that portion of the street, avenue ar public place end 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 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 againet such properties and the real and true owners there- of and shall constitute a first and prior lien upon ouch properties and a personal liability of the real and true owners there of and shall be payable to-wit• When the improvemee~ts are completed and accepted by the City on a partic~ilar unit, the sums assessed againet property abutting upon such completed and accepted units 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 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 whir..h 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 inatallmenr matures provided that any owner shall ltiave the right to pay any and ell 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 prompt:3 Es the same matures, then at the option of the City of Fort Borth 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 thaC no assessments shall fn 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 aecert'ained 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 saeesamenta againet the respective lots and parcels of property and owners thereof shall be evidenced by certi.ficatea of a special sasessment which shall be executed in the name of the City of. Fort Worth, PROVIDED, however, that acting through its duly authorised Director of Public Works, the City of Fort Worth retaining the right to authorized payment of the sums assessed againet abutting property upon such completed and accepted unit in not more than forty-eight equal regular monthly installments of not leas than $9.00 each, the first of ouch installments to become due snd payable not more than ~~ S 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'e 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 Bums 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 ie 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 ail pro- ceedings with reference to the making of such improvements have been regularly had in compliance with law, and that atl prerequisites to the .f.ixing 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 aeaeeament 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 ae the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other i:.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 o~her matter or thing, shall invalidate any asaesament 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 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 J,L. Bertram Construction & Engineering Inc. 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 & En~ineerin~, Inc at and for the prices stated in the ProposaA 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 ;~ r.. 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 indebtedneso 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 assesamente, if the name of the owner be unknawn, 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 ao 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 assesamenta against the property shall be valid XI The Director of Public Woxks of the City cir ~°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 Che Fifth Called Session of the Forty-first Legislature of the State of Texas, and shown as Chapter 21 of the Acts of said Seas ion 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. ..x t:: XIV This ordinance shall take effect and be fn full force and effect from and after the date of its passage PASSED AND APPROVED THI5 /~~ DAY OF ~ 19 APPROVED AS TO FORM AND LEGALITY: r ~ity Attorney ;rASr ;. Fi«: x CITY t+1*tttll ;F.R E ~~A'6S r^DRTATI^ ,~ - ,sr ~~ r ~, tF'D'AT.E:.YrOP.KS,-Ei~( EFERENCE SUBJECT Award of Contract - Construction ~ PAGE i" NUMBER Of Bryant-Irvin Road (West Lane) 3 5/15/84 **C-8380 Adiacent to Citv of Benhro~k for City Council action is requested on Project No. 30-023188-00, as described below Street Limits Bryant-Irvin 175' So. of Road (West Lane) Bryan Eiende Rd. to 292' of Bellaire Origin of Project Roadway R.O.fa. Width-Feet Width-Feet 1/2 of double 120 rson 36' Roadway No. W/28' Median Dr. So. Bryant-Irvin Road was improved in 1982 under the Urban Systems Program as a double 36' wide roadway from SH183 north to approximately Bryan Henderson Road; continued as a single 36' wide roadway (east lane) to Bellaire Drive South, and a single 26' wide roadway to the Trinity River Bridge, which is 7.6' wide. The property alori~ the west side of Bryant-Irvin Road and south of Bellaire Drive South all within'~the corporate limits of the City of Benbrook is now being developed and an extension of the west lane is required to provide access. The City of Benbrook has agreed to provide funds for the cost of the west lane from the existing pavement to Bellaire Drive South (City Limit Line), with the City of Fort Worth providing for the intersection improvements at Bellaire Drive South and a short segment northward. Improvements The west lane of Bryant-Irvin Road, as described above, will be improved with major thoroughfare concrete pavement and concrete curb with median openings and turn-lanes as well as concrete driveway approaches, where required, to match the existing east lane. Storm drain improvements will consist of two inlets and tie-ins. Bidder Amount J.L. Bertram Construction and En;ineer, Inc. $?_66,426.?_fl S.R.O. Asphalt, Inc. 274,046.85 Austin Road Company 276,254.30 Walt Williams Construction, Inc. 286,801.40 L.H. Lacy Company .332,904.10 Receipt of Bids The project was advertised for bids on March 19, 19$4 and April 5, 1984, and the! following bids were received on April 19, 1984, with 60 working days allotted to complete the project. DATE REFERENCE sua~ECT Award of Contract - Construction PAGE NUMBER of Bryant-Irvin Road (West Lane) b.> 2 ~ 3~~„ 5/15/84 **C-8380 Ad.iacent to City of Benbrook ° Project Cost and Financing On March 15, 1984, the City Council of the City of Benbrook adopted~Ttesolution No. 84-02, authorizing the City of Fort Worth to assess abutting Benbrook pro- perty owners in accordance with the City of Fort Worth's Standard Assessment Paving Policy and State Statute 1105b of Vernon's Annotated Ci'vi.l Statutes. Accordingly, the assessment against the four Benbrook property owners is $103,409.13, which will be paid to the City of Fort Worth monthly by the City of Benbrook, based on monthly estimates as the construction contract progresses. Cost to the one City of Fort Worth property owner is $16,572.94, which will be provided for by a bond fund transfer from the Revolving Fund inspecified. Upon completion and acceptance of the project by the City Council, an ordinance will be prepared for Council action assigning the collection of Benbrook proper- ty owners' assessments to the City of Benbrook. Cost to the City of Benbrook-at-large f_or construction is 568,785.1.4, which has been received and deposited in the project account. Cost to the City of Fort Worth-at-large for construction is 577,658.99, plus $23,978.36 (9%) construction engineering. Bond fund transfers are required from the Major Thoroughfares Unspecified and Engineering Unspecified accounts to pro- vide for the City's construction and engineering cost as well as the City of Benbrook property owners~(up-front) cost. Recommendations It is recommended that: 1. The following bond fund transfers be approved From To Amount Reason 094-009-905-00 Revolving Fund Unspecified 030-0?_4-901-00 Assessment Paving Unspecified 030-023-901-00 Major Thorough- fares Unspecified 094-023-1R8-00 Bryant-Irvin Rd. (West Lane) Bryan Henderson Rd. to Bellaire Drive So. 030-023-9~1-00 Major Thorough- fares iJnspecif_ied 030-023-1R8-00 Bryant-Irvin Rd. (West Lane) Bryan Henderson Rd. to Bellaire Drive So. S 1,,572.94 To provide funds for the Fort Worth property owners share of cost. $1R1,06~3.i2 To provide construction funds for Bryant-Irvin Rd. (West Lane) S1R1,06R.12 To provide funds for City of Fort Worth at large and City of Ben-brook property owners construction costs. l ~~ ~~ l ~, DATE ~ REFERENCE SUBJECT Award of Contract - Construction PAGE NUMBER of Bryant-Irvin Road (West Lane) 3 3 5/15/84 **C-8380 _ Adjacent._to City of Benbrook °t From To Amount Reason 030-095-901-00 030-023-188-00 S 17,979.00 To supplement the engi- Engineering Bryant-Irvin Rd. neering funds in the Unspecified (West Lane) project account. Bryan Henderson Rd. to Bellaire Drive So. 2. An ordinance be adopted " A. Declaring the necessity for and ordering the improvements; • B. Making provisions for levying assessments; C. Directing the Transportation/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 5266,42Fi.20 based on their low bid, E. Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above, and 3. An ordinance be adopted A. Approving the estimates of costs and amounts proposed to be assessed; and B. Setting June 12, 1984, as the date for the benefit hearing. DAI cb Attachment APPROV~p BY CITY COUNCIl~ MAY A5 1994 City Secretary c. too City of F,~S SUBMITTED FOR THE i CITY MANAGER'S ~ ~ ~ OFFICE BY ~~ /~~~ ~ ~/ ~ ~ ~~i ( ORIGINATING DEPARTMENT HEAD Gary L Santerre FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt Ext. 7805 DISPOSITIO ~ Y COUNCIL. APPROVED j, ; gTHER (QESCRI d Ortlenance No. PROCESSED BY CITY SECRETARY DATE