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HomeMy WebLinkAboutOrdinance 8756~ ~ c~ :ti ORDINANCE NOe~~~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF Hulen 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 & En ineering, Tnc AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION; MAKTNG 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 COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. The hereinafter described Plans and Specifications are hereby approved and adopted. TI There exists a public necessity for the improvement of the hereinafter' descrfbed portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: HULEN STREET From Oakmont Parkway to North 2231 Feet, known and designated as Project No. 029-036687. 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. HULEN STREET From Oakmont Parkway to North 2231 Feet, to be imp- roved with seven-inch thick concrete pavement with seven-inch high superimposed concrete curb on a six- inch thick lime stabilized subgrade, so that the fin- ished ro_adw_ay will consist of two thirty-sixyfee_t._wide ~~traffic _lanes faith a twenty=eight feet`-wde~medi~Sev_en- inch. thick-'concrete~tur'n~aanes'-and medari~ openings will ___. -~ n a be`constructed where specified. Tlie 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 constricted as snd where shown on the Plana and Specifications therefor IV The coat of said improvements ae herein defined shall be paid for as follows, to-wi.t A The property abutting on that portion of the street, avenue ar puhlic 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/lOths) of the estimated cost of the remainder of such improvements B The city of Fort Worth shalt 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 there- of and shall constitute a f.frat 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 partic~~lar unit, the sums assessed against property abutting upon such completed and accepted unite 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 pro- perty abutting upon the remaining unite 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 tnatallment 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 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 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 aeseaement be made in any case until after notice of hearing as provided by law Said aaseeamenta against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of a special saaessment 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 instatlments 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 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 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 aaaessment, 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 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 aeseeament 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 prime 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 assigns, the entire amount of the aaaessment shall be and became 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 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 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 aaaessment for street improvements shall not in- validate any aaaessment 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 11QSb of the re- vised Civil Statutes of Texas, as amended, and the bid of J L. Bertram Construction S~Rnginaarin_g, Tnr 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 t0 _7_ T._ Rartram Construction & En ~nParing~ Tnr 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 ~. .ii .. i~. ~ K' 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 eo 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 anc! the assessments against the property shall be valid XI The Director of Public Works of the City c;r 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. XII. The City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, s 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 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 _____, 19~ APPROVED AS TO FORM AND LEGALITY: j~ i City Attorney k. Y . a .~ • y I MASTER FILE+B° " ~/~~ ® 1L ®U ~ •~l' ®!l ~~ ~lC/~'L.W~ ~~ - ~- .~' CITY MANAGER L' ~ ,If~~®~ ~~ l/ ,~D®~~~~ ]I t' ®~~ IVIV~ IV~L/'l~W ~~®~ ACCOUNTING•2 J\\V'/1~1/ (~,f(~(/i l\(\„/ (l(/„ ~,/J ~~ Jr~~~~'~ "{~ATE'y.'~..~..~~ REFERENCE SUBJECT Award of Contract - Hulen Street pnGE NUMBER 3/8/83 Improvements from Oakmont Parkway 2 **C-6798 to 2231 Feet North i°t --- - City Council action is requested on Project No. 029-036-687-00, as described ...._.__ •_ "below: ----- ,._._.__ _.. _ _-..-- _ ~. __ ~__ ._._ Roadway R . 0 . W . ._.~_ Sxxeet_.~ _ Limits Width - Feet Width - Feet ~^-- --Hui en - - Oakmont Parkway 2-36' Lanes 120 ""`- ~ !`S"treet - to 2231' North W/28' Median Origin of Project In June 1982, the Developer/Owner of property on both sides of the above «~~ segment of Hulen Street requested the street be improved on an assessment basis ~' and on June 15, 1982, furnished the City with a letter of agreement to assessments being based on the City's Development Policy as pertains to an interior street to a development. On August 17, 1982 (M&C C-6447), the City Council authorized an engineering contract with Gordon Swift, Consulting Engineer to prepare plans and specifications for the project. Improvements Improvements will consist of constructing major thoroughfare grade concrete pavement with concrete curb complete with turn lanes and median openings where required. Storm drain facilities will consist of approximately 685 feet of concrete culvert, plus 825 feet of concrete pipe and appurtenances. Upon completion of this project, Hulen Street will be a continuous double 36' wide boulevard from I-20 to Old Granbury Road. Receipt of Bids _~~_ The project was advertised for bids on January 27 and February 3, 1983, and the y following bids were received on February 17, 1983, with 125 working days -,--~ allotted to complete the project . Bidder Amount J. L. Bertram Const. & Eng., Inc. $ 706,070.35 Texas Bitulithic Company 835,617.33 L. H. Lacy Company 851,136.84 Southwestern Contracting Co. 855,227.95 Atkins Bros. Equip. Co., Inc. 859,369.30 Austin Road Company 884,928.38 Bill Shannon, Inc. 1,195,886.15 Project Cost and Financing In accordance with Section IV, V and VIII of the Development Policy in effect at the time this project was initiated and the low bid, cost (assessments) to the property owner is approximately $474,509.40, which will be provided for by a bond fund transfer from the "Revolving Fund Unspecified" account. In addition, the property owner has requested two additional median openings, with turn-lanes, which will lead to future developments, the cost of which is $21,490.92 and will be paid in cash prior to the contract award as agreed. The l ,r =~- .t . ;~ r _. DATE REFERENCE SUBJECT Award of Contract - Hulen Street PAGE 3/8/83 *~~66798 __ Improvements from Oakmont Parkwa to 2231 Feet Nor h 2 2 ---- of --- owner has also agreed to pay fifty percent of his assessment within thirty days after completion of the project and acceptance by the City Council. The remainder will be paid in five equal installments over a four year and one month period with eight percent per annum interest added to the unpaid balance. Cost to the City for construction is approximately $231,560.95, plus $49,424.92 (7%) engineering. Sufficient funds are available in the project account for the City's engineering costs. However, a bond fund transfer is required from the "Streets In New Additions Unspecified" account for the City's construction cost. Recommendations It is recommended that: 1. The following bond fund transfers be approved From To Amount Reason 094-009-901-00 094-036-687-00 $474,509.40 To provide funds for Revolving Fund Hulen Street the property owners Unspecified Oakmont Parkway share of construction to 2231' North cost. 029-036-901-00 029-036-687-00 $250,000.00 To provide funds for Streets In New Hulen Street the City's cost of Addns. Unspecified Oakmont Parkway construction. to 2231' North 2. An ordinance be adopted: ADOPTED ORDlNRNCE NO. ~ 7 S~ 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 $706,070.35 based on its low bid, E. Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above, and 3. An ordinance be adopted ADOPTED ORDINANCE NO. g 7 S 7 A. Approving the estimates of costs and amounts proposed to be assessed, and 1 P ~~v ~ ~ r B. Setting April 5, 1983, as the date for the bene ~~I~ DAI dh MAR S 1983 Attachment ~{~, l~uu-f,C.Gt/' t o + the o f /J C TYMMANAGER'S THE •~ / ~ ~ , ~ y ~i~, c,,,. ~ DISPOSITION BY~-U~~~E!~+~+r"~"~~ PROCESSED BY ~ OFFICE BY ( ~ ^ APPROVED ORIGINATING DEPARTMENT HEAD Gary Santerre ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATi~vdell Schmidt Ext. 7805 CONTACT DATE