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HomeMy WebLinkAboutOrdinance 8321 ~~ ORDINANCE NO ~ j~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF MEACHAM BOULEVARD 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 & ENGINEERING. INC. 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 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 a MEACHAM BOULEVARD (.SOUTH LANE) From Blue Mound Road to 843' west, known and designated as Project No 029-36415-00 S 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 MEACHAM BOULEVARD (SOUTH LANE) From Blue Mound Road to 843' west, known and de- signated as Project No 029-36415-00, a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a thirty-six foot traffic lane Across-over will be constructed at Pylon Street and left-turn lanes at Pylon Street and Blue Mound Road {' The above together with eoncreke curbs gutters driveways and incidentals to such improvements an 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 xv -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 avenue ar 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 exeeeding 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 coat 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 mprovements~are completed and accepted by the City on a particular 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 (30j days and one (1) two (2) three (3) and four (4) years from the date of ouch completion and acceptance and the assessments against the pro- perty abutting upon the remaining units shall be and became due and payable in such installments after the date of completion and acceptance of such respective unit The entire aeaount assessed against the particular parcels of. property shall bear interest from the date of such completion end acceptance of. the improvements on the unit upon which Che particular property abuts at the rate of eight (8%) percent per annum payable .annually except ae to interest an the first installment which shall be due and payable on the date said installment matures provided ths~t any owner rhall have -the right to -pay any and all of such i.natallment at any time before maturity by paying principal with interest accrued to the date of payment and further provided if default be Hoods in the payment of any ic~s.tallment promptly as the same matures, than at the op.ti.on of the City of-Fart Worth or its assigns the entire amount of the aaaeaamtnt upon which. such default is made shall be and become immedi- ately due end payable but. it is specifically provided Chat no assessments shall in any case be eaade against any-property or any owner thereof in excess of the special benefits to property in the enhanced value thereof by means af. 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 assesamenr be made in any case until after notice of hearing a• 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 im the name of. the City of Fort Worth, 1'ROt~T.DgU, however, that acting through its duly authorized Hi rector of Publ.ie 'Work®, the City of: Fort Worth retaining the right to authorized payment of the sums assessed against abut-tang property upon such completed and accepted unit in not more than forty-eight equal regular monthly installments of not leas than $9 00 tech the firs t:af 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 FROVIDED 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 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 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 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 costa of collection if incurred all of which, sa well as the principal and interest on the assessment shall be a first and prior lien against the property superior to all other li.~ns and claims except State County School District and City ad valoYem 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 specisl assessment for street improvements shall not in- validate any assessment 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 ea required by Article 11ASb of the re- vised Civil Statutes of Texas as amended and the bid of J. L. Bertram Constriic_t_in_n ~ EnginPer~ina. 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 ~_ L_ Bertram Constr~.tinn R FnginePring 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 VII To provide for the payment of the indebtedness incurred by the City of ForC 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 6tate of Texas now known as Article 1105b of Vernon's Texas Civil Statutes, ae amended, which law has been adapted 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 aeseasmenta herein provided for shall be made for the improvements in each unit according to the coat 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 and the aasesamenta against the property shall be valid XI 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 XII The City Secretary is directed to prepare sign and file with the County Clerk of Tarrant County, Texat, 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 Acta 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 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 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 r , 19 ~! APPROVED AS TO FORM AND LEGALITY ~~ -~ City Attorney w~ ~ fat o ~®~°t ~®~°th ~l'e~z~~ ~ ,~ DATE REFERENCE SUBJECT Award of Contract - Meacham BOU- PAGE NUMBER levard Improvements South Lane at Centr 1 4 14 81 **C-5613 Industrial Addition lof _~ City Council action is requested on Project No 029-036-415-00, described below Unit Street Limits Roadway Width-Feet Right-of-Way Width-Feet III Meacham Boulevard Blue Mound Road to 843' West Origin of Project 1 of 2 36' Lanes 60 of 120 On October 18 1976 (M&C C-3548) the City Council approved this project which was initially included in Community Facilities Contract No 8988 with Meacham 3/Way Center a joint venture for the development of the property north of Meacham Boulevard Meacham Boulevard is a border street to Meacham 3/Way Center On February 7, 1977 (M&C G-3311) the owner of the property adjacent to the south lane appeared at the benefit hearing and objected to the construction of the south lane at that time since the owner had no plans for the development of his property The City Council deleted the south lane from the project Mr Bernie Cordova of Cordona Foods tYie new owner~of the property on the south side of Meacham Boulevard, has. requested that the south lane be improved at this time to provide access to Cordova Foods' new corn chip plant Cordova Foods is being displaced from West Berry Street as a result of roadway improve- ments by the State Department of Highways and Public Transportation Improvements The south lane of Meacham Boulevard will be improved with major thoroughfare grade concrete pavement with concrete curb to match the north lane constructed in 1977 Also included will be left-turn lanes at Pylon Street and Blue Mound Road with a cross-over at Pylon Street Storm drain facilities will consist of inlets to be tied into the existing drainage system Receipt of Bids The project was advertised for bids March 12 and 19 1981, and the following bids were received on March 26 1981 with 55 working days allotted to complete the project Bidder Amount J L Bertram Construction and Engineering Inc $106 428 77 APAC-Texas, Inc $116,928 50 Project Cost and Financing Based on the low bid and standard policy, approximately $36,546 16 is proposed to be assessed against the property on the south side of the street, which will be provided for by a bond fund transfer from the 'Revolving Fund Unspecified ~~ DATE REFERENCE SUBJECT Award of Contract - Meacham ~~US- PAGE NUMBER levard Improvements South Lane at Centr 1 2 ar 2 Cost to the City for construction is approximately $69 882 61, plus $6 385 73 for engineering Bond fund transfers are required from the "Streets in New Additions Unspecified' and "Engineering Unspecified"" ace~ounts to provide for the City's costs Recommendations It is recommended that 1 The following bond fund transfers be approved From To Amount Reason 094-009-901-00 094-036-415-00 $36,546 16 To provide funds for Revolving Fund Unsp~ci=- Meacham Boulevard the properly. owner's fied share of construction costs 029-036-901-00 029-036-41~-00 70 000 OG To provide funds for Streets in New Additions Meacham Boulevard the City's share of Unspecified construction costs 029-095-901-00 029--036-415-00 6 400 00 To provide funds for Engineering Unspecified Meacham Boulevard engineering salaries 2 An ordinance be adopted ~~~~~~~ ~~ ~ ~~,,6i~~~~ ~~~~ 83~. A .~Declar.ing the necessity for and ordering of the ~,mprovements B Making provisions for levying assessments C Directing the Public Works Department to prepare estimates of costs and amounts to be assessedy D Awarding the contract to J L Bertram Construction and Engineering, Inc , in tY_.~e_ amount of $106 428 77 based on their low bid for Meacham Boulevard improvements- and E Making appropriations to cover the indebtedness thereby incurred for improvements of the p~oj;ect named above ®°~ pp~~;; 3 An ordinance be adopted ~,~®~" f ~i~ ~~~~n~~~~~~-~~ ~Q ~ ~~ A Approving the estimates of costs and amounts proposed to be assessed and B Setting May 12, 1981, as the date for the benefit hearing ` APPROVED BY GG plg CITY COJ11~C1~ Attachment APR ~4 4981 SUBMITTED FOR THE CITY MANAGER'S OFFICE BY ORIGINATING DEPARTMENT HEAD: ~ ~,~.r~ :i 'ecxetary of the .J,1/~' ux Fuel WU~Gns xe7~i~~ ION BY COUNCIL: ^ APPROVED ^ OTHER (DESCRIBE) PROCESSED BY FOR ADDITIONAL INFORMATION CONTACT John CITY SECRETARY DATE