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HomeMy WebLinkAboutOrdinance 8435;,. ~~ 4 }~. ORDINANCE NO AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION ~F BENTLEY VILLAGE PARKWAY AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT To TEXAS BITULITHIC CO. (a Division of APAC-Texas, Inc. 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 BENTLEY VILLAGE PARKWAY From I-30 to John T White Road, known and designated as Project No 021-23173 Unit III ors 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 BENTLEY VILLAGE PARK~fAY From I-30 to John T White Road, known and designated as Project No 021-23173, Unit III a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on two thirty-six foot traffic lanes with an~':eighteen-foot median 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 IV The cost of said improvements as herein defined shall be paid for as follows to-wit A The real and true owners of the property abutting on that portion of the street avenue or public place shall pay the cost of 44 feet of the roadway width including curbs and gutters along the outside of the roadway The cost of roadway width in- cluding medians in excess of 44 feet will be the City's share for the project B The owner shall pay the entire construction cost of the storm drainage facilities consisting of pipe 36 inches or less in diameter including the cost of manholes inlets excavation etc Where pipe larger than 36 inches is used the owner shall pay an amount equal to 100 percent of the cost of furnishing and in- stalling 36-inch pipe plus 75 percent of the additional cost of furnishing and installing the pipe larger than 36 inches plus 100 percent of the cost of all trench and channel excavation backfilling inlets lead lines headwalls and any other items required to com- plete the system Where a channel is constructed the owners' participation shall be as follows 1 Pay 75 percent of the concrete lining in place 2 Excavate the channel at its expense to the line and grade established by the Transportation and Public Works Department 3 Provide sufficient right-of-way for the channel in accordance with City of Fort Worth Drainage Policy 4 Construction of a permanent chain link fence or other fence meeting requirements of the Trans- portation and Public Works Director to enclose the channel area adjacent to residential lots and also in any other cases where the Trans- portation and Public Works Director deems it necessary to restrict access to the channel 5 Installation of any pipe trench excavation __ inlets manholes guard rails and other appurtenances etc to complete the drainage facilities C Bridges and Culverts The owner shall pay 75 percent of the cost of any bridge or culvert for a street crossing up to a roadway width of 40 feet plus pedestrian ways If a roadway wider than 40 feet is required by the City the additional cost of the excess width will be paid by the City of Fort Worth The costs so determined for each project will be assessed uniformly on a front- foot basis to the property owners having frontage along each project D The cost of street lights as per Section VIII of the City's Development Policy applicable to the owners shall be assessed on a front-foot basis 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 project The balance of the assessment shall be evidenced by a promissory note executed by Randolwood Investment Company and lien 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 All payments shall be applied first to accrued but unpaid interest and then to the next maturing installment of principal The note will provide for personal liability of United Savings Association of Texas 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 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 FROVIDEL FLRT~iER 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 Fublic Works has previously determined that an extrer~le financial hardship upon the property owner will otherwise result 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 all proceedings with reference to the making of such improvements have been regularly had in compliance with law and that all pre- requisites 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 recitals 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 costs of col- lection 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 certif- icate 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 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 as required by Article 1105b of the revised Civil Statutes of Texas as amended and the ~ bid of Texas Bitulithic Company (A division of APAC-Texas Inc ) having been found to be the lowest and best bid for the making and construction of said improvements the contract therefore is hereby awarded to Texas Bitulithic Company (A division of APAC-Texas 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 con- tract in the name of the "~ ri s City of Fort Worth Texas and to impress the corporate seal of the Cfty 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 6tate 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 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 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 assessments against the property shall be valid XI The Director of Public Works of the City or Fort Worth, Texas be and he is hereby ordered and directed to file with the City Council estimates of the coat 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 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 enrall 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 ;s 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 r~, L~~~''~'_ City Attorney • • • DATE REFERENCE SUBJECT Award Of Contract - Bentley Villa e ~ncE NUMBER Parkway - Unit TIT T-30 to John lof 3 City Council action is requested on Project Nos 021-023-173-00 (Engineering) andl 029-023-173-00 (Construction) described below Roadway ROW Unit Street Limits Width-Feet Width-Feet ILT Bentley Village Parkway T-30 north to John T 2-36' Lanes 120 to 128 White Road W/18' Median Origin of Project On May 20 1980 (M&C G-4548) the City Council approved the 1980-81 Capital Improvement Program (CTP) for street and storm drain improvements Included in the program is the improvement of Bentley Village Parkway from Meadowbrook Drive north to John T White Road including a new interchange with T-30 This project is one of three segments of the above improvements On May 27 1980 (M&C C-5108) an engineering contract was awarded to Gordon S Swift Consulting Engineer to design and prepare plans and specifications for the entire project Improvements This segment of Bentley Village Parkway will be improved as a double 36' wide thoroughfare by construction of 7 thick concrete pavement with superimposed concrete curb Included are cross-overs and turn lanes for two future cross streets and a left turn lane at John T White Road Storm drainage improvements consist of 1 710' of concrete pipe and appurtenances and a bridge over Cottonwood Creek Receipt of Bids The project was advertised for bids on August 20 and 27 1981 and the following bids were received on September 11 1981 with 245 working days allotted to complete the project Bidder Amount Texas Bitulithic Company (a division of APAC Texas Inc ) $1 258 221 50 J L Bertram Constr & Eng Inc and Concho Construction Co (A Joint Venture) $1 325 779 63 Bailey'Bridge Company Tnc $1 364 942 47 Brown & Blakney Inc $1 370 151 65 L H Lacy Company $1 378 518 90 Austin Road Company $1 417 027 40 M A Vinson Construction Co Tnc $1 560 319 66 Southwestern Contracting Co $1 570 513 00 J N Construction Company $1 627 775 10 DATE a REFERENCE ~e SUBJECT Award of Contract - Bentley Villa e PAGE ~• NUMBER Parkway - Unit III T-30 to John 9/29/81 ** C-5898 T White Road 2 °f 3 • Project Cost and Financing Deferred Payments All of the adjacent property on both sides of the street is owned by one major owner and is zoned t0E and G Commercial The owner has no immediate plans for development at this time however has agreed to assessments on a deferred basis against the property based on normal development policy (Sections IV V and VIII, for an interior street The deferred provision provides for assessments to be payable in 10 equal installments each equal to one-tenth of the total amount of the assessment The first installment shall be due and payable 30 days after completion and acceptance of the project by the City The remaining 9 equal ann~.aa installments each in the amount of one-tenth of the total assessment together with interest on the unpaid balance calculated at 8% per annum with the princi- pal and interest payable on the anniversary date of the initial payment Assessments may be prepaid at any time without penalty Based on the above it is proposed that approximately $672 672 09 will be assessed against property adjacent to Bentley Village Parkway Unit III Funding will be provided for by a bond fund transfer from the 'Revolving Fund Unspeci- fied Assessments include 1 Paving and Curb $176 216 32 2 Storm Drainage 180 410 41 3 Bridge 257 514 87 4 Preparation of ROW 28 275 90 5 Top Soil and Seeding 17 616 60 6 Street Lights & Traffic Markers 12,637 99 Total Assessments $672 672 09 Cost to City Cost to the city for construction is approximately $585,549 41 plus $75 493 29 (6%) for engineering for a total of $661 042 70 Sufficient funds are available in the project account for the City's construction cost A bond fund transfer in the amount of $67 400 from the "Engineering Unspecified" account is required to provide sufficient funds for the City's engineering cost Recommendations It is recommended that ~~~®vnn~®~~qAAA 1 The following bond fund transfers be approved ~ ~4d~~~!~1~ ~ ~ ofof t~~aM~ C ecXetaty f ~ ng ~oxt Hoxt~~ x • • • DATE "' REFERENCE SUBJECT Award of Contract - Bentley Vill ge PAGE y, NUMBER Parkway - Unit III I-30 to John 3 3 9/29/81 ** C-5898 T White Road or From To Amount Reason 021-023-180-00 021-021-101-00 $672 672 09~To provide funds f Access to 'I-30 Contributions to Revolving the property owner Fund share of construc- tion cost 094-009-901-00 094-023-173-00 $672 672 09 To provide funds f Revolving Fund Bentley Village Parkway the property owner Unspecified Unit TII construction cost 021-095-•901-00 021-023-173-00 67 400 00 To provide funds f Engineering Unspeci- Bentley Village Parkway survey inspection, fled Unit III administratian and testing salaries and miscellaneous cost 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 estimate of costs and amounts to be assessed D Awarding the contract to Texas Bitulithic Company (a Division of APAC- Texas Inc ) in the amount of $1 258 221 50 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 ~9 A Approving the estimates of costs and amounts proposed to be assessed an enefit hearing B Setting October 27 1981 as the da gj ,th e ~ ~~~V ~ ~Y 1' tt UNCIL CIT Y CO GG plg Attachment ~~~ ~~ Ci ecXetary f the C of Fort 4toXth, Texas g~~3 ~ cE ~o ADOPTED ORD1~4A~ g43 ~ G~~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: ~ ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gar Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Ode`~"I~~h ldt Ext a 7805 DATE