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HomeMy WebLinkAboutOrdinance 8537~~: . ; .., r ,~ z~ ORDINANCE NO g S 3 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF WATAUGA SMITHFIELD_ROAD (NORTH LANE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO _,~ L. BERTRAM, CONSTRUCTION .& ENGINEERING. INC. AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU- TION, MAKING APPROPRIATIONS 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 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 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 ~ _ WATAUGA SMITHFIELD ROAD (NORTH LANE) From Pacesetter Drive to Service Road to I35W, known and designated` as Project No. 029-36623 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 WATAUGA SMITHFIELD ROAD (NORTH LANE) From Pacesetter Drive to Service Road to T35W, known and designated as Project No 029-36623, a seven-inch thick reinforced concrete pave- ment on a six-inch thick lime stabilized sub- grade with seven-inch high superimposed con- crete curb on a thirty-six foot traffic lane T}ie above, together with concrete curbs, gutters, driveways and incidental.a 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 public 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 (9ilOths) 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 assessed 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 soma 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 assesamenta 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 ea to interest on the first installment, which shall be due and payable on the date said inetallmenr matures provided that any owner shall lave the right to pay any and all of such t.natallment 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 ?romptl3 Es the same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the assessment Ripon which ouch 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 assessment be made in any case until after notice of hearing ae provided by law Said aasesamenta 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 soma 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 such installments to beeome 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 authorise payments of said sums in lesser installmente 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 FROVIDED FURTI~ R, 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 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 Gums assessed against such property V The aseesaments 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 impreAa the corporate seal of the City thereon, and which may have attached thereto coupons in evidence of the several installmente, or in evidence of any of the installmente 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 ae 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 assigns, the entire amount of the aeseasment 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 ea the principal and interest on the aeseasment, shall be a first and prior lien sgeinat the property, superior to all other lA.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 sny property exempt by law from the lien of special assessment for street improvements shall not in- validate any esaesament 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 ss required by Article 11ASb of the re- wised Civil Statutes of Texas, as amended, and the bid of 3. L. Bertram Con , r;on & En~ineerin~. 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_ 1.. RPrtram Construction & Encin er;ng 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 M b L.. City of Fort Worth, Texas, and to impress the corporate seal of. tht 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 end assessment levied and all proceedings taken and had in accordance with and under the terms of the powers and provisions of Chapter 105 of the Acta 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 Lach 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 or Fort North, 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 acid 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 i~, 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 ~r APPROVED AS TO FORM AND LEGALITY J City Attorney y f M1.~ ~~//~ t ... .r y @4 -~~a Y~~ Ali i f ~it~ of 'Fart W®rth, ~'~~c~~ SEER FII•E-1 CITY MAtVAG~CR a 1 ~/Il ~~®~ ~~~LtV ~~ lL/W~~ IVW ~®~~ LL/1V~ 1V~~N/~ lV®~ ACCOUNTING•x 1L fRANSP R®A9Ti~N~PtJBUC .WORK -REFERENCE SUBJECT Award of Contract - Watauga-Smith PAGE RUMBER field Road from Pacesetter Drive ~''~W~1 **C-6207 East to I-35W i of ~.'"_ WATER AOMINISTRA7i0N•4 ~2EYELPtNIEIJT~y Council action is requested on Project No 029-036-623-00, described below Roadway ROW Street Limits Width-Feet Width-Feet Watauga-Smithfield Road Pacesetter Drive east to 1 of 2 36' 60 to I-35W Lanes _ Origin of Project On May 26, 19$1 (M&C C-5705), the City Council authorized Community Facilities _ Agreement No 11739 with the Western Company of North America for the development _ of Lot 1-R-1,_Block 1, Western Technological Management Center Addition __. Included in the agreement is the assessment paving of Watauga-Smithfield Road --- (a border street), consisting of the north one-half of a double 36' wide roadway °~"`- of arterial grade pavement and all required drainage improvements ,~,:,~...._ Improvements ..~:..., ~ti"' This segment of subject roadway will be improved by construction of 7-inch con- w:..,., Crete pavement with 7-inch high superimposed concrete curb on a 6-inch lime „a.,_ stabilized subgrade Right-turn lanes will be provided at I-35W and Eddie Chiles Boulevard Storm drain facilities will consist of a concrete box culvert and 1,481 linear feet of storm drain pipe and required appurtenances Receipt of Bids The project was advertised for bids on February 11 and 18, 1982, and the following bids were received on March 4, 1982, with 100 working days allotted to complete the project The bids include 84" concrete pipe in the base bid and 84" corrugated galvanized metal pipe as Alternate No 1 84" Concrete 84" Corrugated Bidder Base Bid Pipe* Gal Metal Pipe J L Bertram Constr & Eng , Inc $599,680 02 $48,091 20 $41,124 50 SRO Asphalt, Inc $636,476 10 $64,191 50 $60,580 00 Southwestern Contracting Co $636,594, 10 $56,386 00 $59,648 00 Texas Bitulithic Co $636,905 70 $54,056 00 $51,260 00 Austin Road Co $640,731 74 $59,648 00 $55,920 00 L H Lacy Co $691,537 20 $54,685 10 $48,930 00 H B Zachry Co $782,073 10 $69,900 00 $47,182 50 *84" Reinforced Concrete Pipe included in Base Bid The staff recommends the contract be awarded using Alternate No 1, th ereby realizing a savings of approximately $7,000 ~. g ~ " DATE REFERENCE SUBJECT Award of Contract - Watauga-Smit PAGE NUMBER field Road from Pacesetter Drive 2 of 2 ~* C-6207 - Project Cost and Financing Based on the low bid and standard City policy, the developer`s assessment on this segment of Watauga-Smithfield Road is $232,803 20 In addition to and in accordance with special provisions stipulated in the community facilities .agree- ment, storm drain cost to the developer in this contract is $41,713 65, for which the developer has deposited $58,770 with the City at the time the community facilities agreement was approved Funding for the property owners construction cost (assessments) will be provided for by a bond fund transfer from the Revolving Fund Unspecified Account Cost to the City for street construction is $195,050 67 and $123,145 80 for storm drainage facilities, plus $14,489 73 (7%) for engineering Sufficient funds are available in Project Account No 029-036-623-00 for the City construction and engineering costs Recommendations It is recommended that 1 The following bond fund transfer be approved From To Amount Reason 094-009-901-00 094-036-623-00 $232,803 20 To provide funds fo Revolving Fund Unspecified Watauga-Smithfield the property owners' Road Pacesetter Drive share of construc- o st east to I-35W tionc ' ~ 2 An ordinance be adopted ADOPTED ORDINANCE NQ,. c3 ~ ~ / 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 and Engineering, in the amount of $592,713 30 based on their low bid with bid Tnc , Alternate No 1, E Making appropriations to cover the indebtedness thereby incurred for improvements on the project named above, and 3 An ordinance be adopted ADAPTED ORDINANCE N0. ~s A Approving the estimates of costs and amounts proposed to be assessed, and B Setting April 20, 1982, as the date for the benefit hearing ~t~~~14~~~ ~"~ !! GG plg ~V~L MAR 23 1982 z .-~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUP, • '. CtrCCaxY ~~ ~ TI(VS A O E ~ ilr r 'h~R~A~CESSED BY ' 9 OFFICE BY i PPR V ~ ^ _ i ~ ^ OTHER (bESCRIBE) ORIGINATING DEPARTMENT HEAD: Gar Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt EXt.7805 DATE