HomeMy WebLinkAboutOrdinance 8752
ORDINANCE NO. ~` , `'-=_~--
AN ORDINANCE DETERMINING THE NECESSITY FOR AN ORDERING AND
PROVIDING FOR THE IMPROVEMENT~~ OF A PORTION OF BRIDGE
STREET AND BRIDGEWOOD DRIVE AND ~F~ORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT
WORTH, TEXAS; LETTING CONTRACT TO BROWN AND BLA(~KNEY,
INC. FOR THE MAKING AND CONSTRUCTION A PORTION OFD SUCH
IMPROVEMENTS (EXCAVATION AND DRAINAGE) AND AUTHORIZING ITS
EXECUTION; 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 IMPROVE-
MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVI-
DENCE OF SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS
DIRECTOR OF THE CITY TO PREPARE ESTIMATES, DIRECTING THE
CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDI-
NANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS;
DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEED-
INGS 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
ENROLL 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 improvement of
the hereinafter described portions of streets, avenues and public
places in the City of Fort Worth, Texas, and same having been exam-
ined 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:
A
BRIDGE STREET Unit I: from the west property line of Lot 1,
Block A, Boaz Turnpike Addition to Oakland Hills
Drive; Unit I-A: from Oakland Hills Drive to
Bridgewood Drive; Unit I-B: from Bridgewood
Drive to West Service Road I-820.
BRIDGEWOOD DRIVE Unit II: from Bridge Street south 1085 feet.
III.
Each of the above described portions of streets, and public
places in the City of Fort Worth, Texas, shall be improved by rais-
ing, grading, and filling same and by constructing thereon the fol-
lowing: to wit:
PROJECT NO. 029-036-533, UNIT I, BRIDGE STREET FROM WEST PROP-
ERTY_LINE OF LOTS , BLOCK A, BOA TURNPIK ADDITION TO OAKLAND
HILLS DRIVE, to be improve wit seven-inc thick concrete
_pavement with seven-inch high superimposed concrete 'curb on a
s.ix-inch thick lime stabilized subgrade, so that the finished
roadway will be forty-four feet wide. Seven-inch thick con-
crete driveway approaches and turn lanes will be constructed
where specified.
PROJECT NO. 029-036-533, .UNIT I-A, BRIDGE STREET FROM OAKLAND
HILLS DRIVE TO BRIDGEWOOD DRIVE, to be improved wit seven-inch
thick concrete pavement with seven-inch high superimposed curb
on a six-inch thick lime stabilized subgrade, so that the fin-
fished roadway will be sixty feet wide. Seven-inch thick con-
crete driveway approaches and turn lanes will be constructed
whe-re specified.
PROJECT NO. 029-036-533, UNIT I-B, BRIDGE STREET FROM
BRI.DGEWOOD DRIVE TO EST SERVIC ROAD - I- , to a improved
wit seven-inch t ick concrete pavement wit 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 concrete turn lanes will be con-
structed where specified.
PROJECT N0. 029-036-533,_ UNIT II, BRIDGEWOOD DRIVE FROM BRIDGE
concrete
curb on
finished
concrete
uu•rn i uts~ r•~~•r, to De improvea witn, seven-incn tnic-x
pavement with seven-inch high superimposed concrete
a six-inch thick lime stabilized subgrade, so that the
roadway will be sixty feet wide. Seven-inch thick
turn lanes 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 therefor.
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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, ave-
nue or public place and the real and true owners thereof shall pay
all of the cost of curbs and gutters in front of their property and
not exceeding nine-tenths (9/10th) 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,
the sums assessed against property abutting upon such completed and
accepted project shall be and become due and payable in ten (10)
equal installments, each equal to one-tenth (1/10) of the total
amount of the assessment. The first installment shall be due and
payable thirty (30) days after completion and acceptance of the pro-
ject. The balance of the assessment shall be evidenced by promis-
sory notes executed by the real and true owners of the abutting
properties and liens securing same. The note shall provide for nine
(9) equal annual installments, each in the amount of one-tenth
(1/10) of the total assessment, together with interest on the unpaid
balance of the note at the rate of eight percent (8~) per annum,
with the principal and interest payable on the anniversary date of
the initial payment. The note may be prepaid at any time without
penalty, 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 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 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, PROVIDED, however, that acting through its duly auth-
orized Director of Public Works, the City of Fort Worth retains the
right to authorize payment of sums assessed against abutting
property upon such completed and accepted unit in not more than
forty-eight equal regular 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, 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 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, vaild 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.
PROVIDED FURTHER, that the City of Fort Worth, acting through
its duly authorized Director of Public Works, shall have the right
to require that the sums assessed against property abutting upon
completed and accepted units shall be and become payable in five (5)
equal installments, due respectively on a before thirty (30) days,
and one (1), two (2), three (3), and four (4) years from the date of
completion and acceptance of the particular unit in any case where
the owner of the abutting property has been paid a consideration in
return for land owned by him to be used as right-of-way in connec-
tion with the project. The entire amount assessed against such
property and owner shall bear interest at eight percent (8~) per
annum as specified above and shall be subject to all provisions
regarding payment terms and default which are specified above in
connection with payments in ten (10) installments.
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 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 sub-
stantially 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 liabil-
ity of the owners thereof, have been regularly had, done and per-
formed, and such recitals shall be prima facia evidence of the mat-
ters 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
words above provided for, but the substance thereof shall suffice,
and they may contain other and additional recital pertinent thereto.
VI.
Bids have been advertised for as required by Article 1105b of
the revised Civil Statutes of Texas, as amended, and the bid of
Brown and Blackney, Inc., having been found to be the lowest and
best bid for that portion of said improvements involving excavation
and shaping of the roadway and installation of the required drainage
facilities, the contract, therefore, is hereby awarded to Brown &
Blackney, 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.
To provide for the payment of the indebtedness incurred by the
City of Fort Worth, Texas, by said contract, there is hereby appro-
priated out of available funds and current revenues of the City, an
amount sufficient to pay said indebtedness so incurred.
VII.
The improvements provided for herein shall be made and con-
structed, 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.
VIII.
Each unit above described shall be and constitute a separate
and independent unit of improvement and the assessments herein pro-
vided 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.
IX.
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 suffi-
cient 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 men-
tioned shall be liable and the assessments against the property
shall be valid.
X.
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.
XI.
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.
XII.
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 appro-
priate Ordinance. Records of this City.
XIII.
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
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APPROVED AS TO FORM AND LEGALITY:
~v~- City Attorney
Date: ~/.~~~3
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CITY MANAGER 1! /~~ /-/ ~y~®~ ~~~ ~®~~~~ // ~®~~~~~~ Y~~®~
ACCOUNTING Z J v/~ (L(L tl /V ~AL/W/
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Njg,~+.IC WORK$•~ REFERENCE SUBJECT Award of Contract - Bridge Street PAGE
NUMBER
3/1/83 John T. White Road Connection 3
**C-6780 Contract I, Excavation and Drainage lof
.C.i.ty_-Council action is requested on Project Nos. 021-036-533-00 (Engineering)
--and-~-029-U~6-533-00 (Construction), as described below:
..J..-....... _...-.~~ ._ .M
treet Limits
-fridge W.P/L of Lot
`3treet 1, Block A, Boaz
J Turnpike Addn.
to Oakland Hills
Drive
I-A. Bridge
Street
I-B. Bridge
Street
II. Bridgewood
Drive
Oakland Hills Dr.
to Bridgewood Dr.
Bridgewood Dr.
to W. Service Rd.
I-820
Bridge St.
to So. 1085'
Roadway R.O.W.
Width - Feet Width - Feet
44 to 60 64 to 80
60 80
2-36' Lanes 120
W/28' Median
60 80
Origin of Project
On April 5, 1980, the citizen of Fort Worth approved a $47,813.000 bond program
for street and storm drainage improvements and on May 20, 1980 (M&C G-4548),
the City Council allotted the funds into specific categories. One of the
categories was Major Thoroughfares and Collectors, which included Bridge
Street-John T. White Road Connection, at an estimated construction cost of
$3,so6,oou.
Improvements
Bridge Street will be improved with major thoroughfare grade concrete pavement
with concrete curb, complete with required drainage facilities. The
improvements will be accomplished in two contracts to allow for major utility
relocations. Contract I (this contract) will provide for the excavation and
shaping of the roadway and the installation of the required drainage
facilities. Then upon completion of the relocation of the utility facilities
into the new right-of-way, by the utility companies, Contract II will be
advertised for and let to accomplish the paving portion of the improvements.
Receipt of Bids
Contract I, Excavation and Drainage, was advertised for bids on January 20
and 27, '1983, and the following bids were received on February 10, 1983, with
115 working days allotted to complete the project.
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DATE REFERENCE SUBJECT Award of Contract - Bridge Street PAGE
NUMBER
3/1/83 **C-6780 John T. White Road Connection, 2 of 3
Bidder Amount
Brown & Blakney, Inc. $395,359.55
Joe R. Starks Constr. Co., Inc. 452,847.00
Orval Hall Excav. Co., Inc. 481,574.70
Weaver Construction Co. 483,201.40
Atkins Bros. Equip. Co., Inc. 489,854.10
Martin Eby Constr. Co ., Inc. 544,084.00
M.A. Vinson Constr. Co., Inc. 691,646.15
Hall Construction Co 742,647.30
Lanzo Construction Co. 757,089.30
Engineers' Estimate $650,000.00
Units I-A and I-B of Bridge Street and Unit II, Bridgewood Drive are interior
streets to a development, which in accordance with current Development Policy,
provides that a portion of the cost of Contract I be assessed against abutting
properties. Secondly, State Statute 1105b provides that assessments can be
levied against abutting properties for street improvements, based on an
estimated cost of such improvements and adjustments made thereto at such time
as the actual bid is received. Consequently, an estimate of cost of Contract II
(Paving Improvements) has been furnished to the City by the Consulting Engineer
on this project in order that assessments covering the completed roadway may
be levied at this time. The Engineers' estimate of construction cost for
Contact II is $1,178,259.48.
Project Cost and Financing
In accordance with Section VI of the Policy For The Installation of Community
Facilities, approved by the City Council on August 31, 1982 (M&C G-5381),
properties abutting Unit I will be assessed based on Par. 3, Border Streets,
whereas properties abutting Units I-A, I-B and II will be assessed based on
Par. 5, Interior Streets to a Development.
Three of the four property owners being assessed on this project dedicated the
required right-of-way and will be afforded an extended period for the payment
of such assessments. The extended period provides that the assessments shall be
payable in ten (10) equal installments, the first of such installments being
payable thirty (30) days after completion and acceptance of the project
(Contract I and II) by the City Council. The balance being due and payable in
nine (9) equal installments with interest on the unpaid balance at eight
percent (8%) per annum, with principal and interest due on the anniversary date
of the initial payment.
The one property owner from whom the city had to purchase the required
right-of-way will be afforded the normal five (5) payment schedule for the
payment of the assessments. The first one-fifth being due and payable thirty
(30) days after completion and acceptance of the project (Contract I and II) by
the City Council and the balance being due and payable in four (4) equal
installments with interest on the unpaid balance at eight percent (8%) per
annum, with principal and interest due on the anniversary date of the initial
payment.
Based on Contract I and. the Engineers' Estimate, it is proposed that
approximately $243,056.22 will be assessed against properties abutting all
units. Funding for such assessments will be provided for by a bond fund
transfer from the "Revolvin.g Fund Unspecified" account at such time as Contract
II (Paving Improvements) is awarded.
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DATE REFERENCE SUBJECT Award-of Contract - Bridge Stree / PAGE
NUMBER John T. White Road Connection, 3 3
3/1/83 **C-6780 Contract I, Excavation and Drainage - °f----
Cost to the City, based on Contract I and the Engineers' Estimate for Contract
II will be approximately $1,440,716.14 of which $110,153.33 (7%) is for
engineering. It is proposed that only appropriate bond fund transfers be made
at this time to provide for Contract I (Excavating and Drainage).
Recommendations
It is recommended that
1. The following bond fund transfers be approved.
From To Amount Reason
029-023-176-00 029-023-901-00 $400,000.00 To provide funds for
Bridge Street Major Thoroughfares City's construction
John T. White Unspecified cost.
Connection
029-023-901-00 029-036-901-00 $400,000.00 To provide funds for
Major Thoroughfares Streets in New City's construction
Unspecified Additions ,cost.
Unspecified
029-036-901-00 029-036-533-00 $400,000.00 To provide funds for
Streets in New Bridge Street the City's construc-
Additions John T. White tion cost (Contract
Unspecified Connection I).
021-095-901-00 021-036_533-00 $ 27,700.00 To supplement the
Engineering Bridge Street engineering funds in
Unspecified John T. White in the project
Connection account.
2. An ordinance be adoptedADOPTEL] ORDINANCE CIO. ~ ~~~
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 Brown & Blakney, Inc., in the amount of
$395,359.55 based on its low bid for Excavation and Drainage (Contract
I)
E. Making appropriations to cover the indebtedness thereby incurred for
improvements of the project named above, and
PPROV~u
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y
3. An ordinance be adopted ADOPTED ORDINAnlCE N(1 ~~s.~
A
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n
A.
ndroving the estimates of costs and amounts proposed i~ ~b~ ~fs~~;,
a
B. Setting March 29, 1983, as the date for the benefit hear.
X 1983
DAI dg
SUBMITTED FOR T
CITY MANAGER'S F / \/!
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' ^ APPROVED
ORIGINATING [] OTHER (DESCRIBE)
DEPARTMENT HEAD Gary Santerre CITY SECRETARY
FOR ADDITIONAL INFORMATION
coNTACT Odell Schmidt Ext 7805 DATE