HomeMy WebLinkAboutOrdinance 8452~,
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ORDINANCE NO R q SvZ
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF BENTLEY Vl'LLAGF PARKWAY
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON-
TRACT TO AUSTIN ROAD COMPANY 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
BENTLEY VILLAGE PARKWAY From Meadowbrook Drive to I-30, known and
designated as Project No 021-231.73, Unit I
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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
&ENTLEY VILLAGE PARKWAY From Meadowbrook prive to I-30, known and designated
as Project No 021-23173 Unit I, 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
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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 canstructed 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 propexty abutting on
that portion; of the street, avenue or public place shall pay the
cost of 44 feet of the roadway w~.dth, including curbs and gutters
along the outside of the roadway'. The cost of roadwax'~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 shah.
pay an amount equal to 1:00 percent of the cost of furnishing and n-
stalling 36-inch pipe, plus 7S percent of the additional Bost of
furnishing and installing the pipe largex than 36 inches, plus 100
percent of the cost of all trench and channel excavat~.on backfilling,
inlets lead lines, headwalls, and any i~ther items requ:rec~ to com-
plete the system
Where a channel is constructed. the owners' participation
shall be as follows
1 Pay ~S 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 Depaxtm.en~
3 Provide sufficient right-of-way for the channel,
in accordance with C~.ty 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 enc~.ose
the channel. area adjacent to residential lots
and also in any other cases where the Trans-
portation and Public Works Director deems .t
necessary to restrict access to the channel
5 Installation of any pipe trench. excavation
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inlets manholes guard rails, and other
appurtenances etc to complete the drainage
facilities
C Bridges and Culverts The owner shall pay 7S 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 Fart Worth The casts so
determined for each projeci- will be assessed uniformly on a front-
foot basis to the propexty owne~cs 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 s"ueh properties and a persona. liability o~ xhe Taal 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`suck~ completed
and accepted project shall be and become due and ayable ip ten (lQ)
equal installments, each equal to one-tenth (l/10~ of the total amount
of the assessment The first installment shall be 4ue and payable
thirty (30) days after completion and acceptance of the p?~oJect The
balance of the assessment shall be evidenced by a prom~.ssory note
executed by Randolwood 2r-vestment Company and lied secuxng same
The note shall, provide for nine (9) equal annual installments each
in the amount of one-tenth (~./lp) of tk~e total ass~satnent, together
with interest on the unpaid balance of the Hate 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 he applied first to
accrued but unpaid interest, and. then to the next~matu"ring ~.nstalJ.ment
of principal The note will provide for personal 1~3.ab:i].ity 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 C~.ty 4f 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 propexty in the enhanced value thereof by means
of said improvements in the unit upon which the particular property
abuts Said assessments against the respective late and paiccels of
property and owners thereof .shall be evigenced by certificates of a
special assessment which shall be executed in the name of the City
of Fort Worth FROVIDBL FLRT~-EIt 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 its whict- t11e director
of Public Works has previously determined that an extreme f~.nancial
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 Austin Road Company having been found to 6e the lowest and best .~z~"mac
bid for the making and construction of said improvements the contract ~'"
therefore is hereby awarded to Austin Road Company at and for the
prices stated in the Proposal of said company and as reported. and
recommended by the Transportation and 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
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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 Firs t. 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 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 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 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 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 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 r~ ~ ~ DAY OF , 19~
APPROVED AS TO FORM AND LEGALITY
c,~~~~.~---
City Attorney
DATE REFERENCE SUBJECT award of Contract - Bentley Villa e PAGE
NUMBER
arkway - Unit I Meadowbrook Drive to ior~_
~n/~st/R~ ~~ C;-5969 T-30
City Council action is requested on Project Nos 021-023-173-00 (Engineering) and
029-023-173-00 (Construction) described below
Roadway ROW
Unit Street Limits Width-Feet Width-Feet
I Bentley Village Parkway Meadowbrook Drive to I-30 2-36' Lanes 120 to 128
W~18' Median
Origin of Project
On May 20 1980 (M&C G-4548) the City Council approved the 1980-81 Capital
Improvement Program for street and storm drainage 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 (Turnpike)
This project is the second of three segments of the above improvements The
contract for Unit 7CII I-30 to John T White Road was awarded on September 29
1981
On May 27 1980 (M&C C-5180) an engineering contract was awarded to Gordon S
Swift Consulting Engineer to design and prepare plans and specifications for t
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-ousts and turn lanes at Brentwood Stair Road
Ederville Road and two future cross streets and a left-turn lane at Meadowbrook
Drive Also included is a 'Braided X" for th® extension of Meadowbrook Drive
eastwrard
Storm drainage improvements consist of 4 666' of concrete pipe and appurtenances
Receipt of Bids
The project was advertised for bids on August 27 and September 3 1981 and the
following bonds were received on September 17, 1981 with 245 working days
allotted to complete the project
Bidder Amount
Dustin Road Company $1 420 260 86
Texas Bitulithic Company $1 `457 926 22
L H Lacy Company $1 459 387 12
Metroplex Paving Company $1 474 760 15
J L Bertram Construction & Engineering Inc$1 520 595 86
Southwestern Contracting Company $1 534 733 90
Brown & Blakney Inc $1 537 820 63
Uvalde Construction Company $1 666 117 40
Ed Bell Construction. Company $1 825 048 88
DATE
~ 10/28/81
REFERENCE
`NUMBER
*~ C-5969
SUBJECT Award of Contract - Bentley Vil
Parkway - Unit T, Meadowbrook Drive to
T-30
PAGE
Project Cost and Financing
Deferred Payments
2 os 3
All of the adjact~n~4 property on both sides of the street with the exception of two
parcels, are owned by one major owner and all zoned "E" and "G" Commercial and
"C" Apartment The two parcels in question are approximately 10 acres each and
are zoned "Residential" are are speculative property The owners have no
immediate plans for development Two of the owners have agreed to dedication of
the necessary right-of-way and to assessments on a deferred basis against the
property based on normal Development Policy (Sections TV V and VTTI) 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
annual ~,riatallments along with interest on the unpaid balance calculated at
8% per annum will be due and payable on the anniversary date of the initial
payment Assessments may be prepaid at any time without penalty
One of the owners of approximately 10 acres has not yet agreed to the above
method of dedication and payment Should this owner refuse to dedicate the
right-of-way it is proposed to issue a change order deleting the west 36' lane
adjacent to the property There would be no adverse traffic. effect until such
time as the area develops and traffic .increases and then the City could build
this segment under assessment paving policy or if this land is platted the
roadway could be constructed under the Development Policy
Based on the total project as presently designed and bid, it is proposed that
approximately $856 046 be assessed against property adjacent to Bentley Village
Parkway Unit 1 Funding will be provided for by a bond fund transfer from the
Revo=T~frig Fund Unspecified" Assessments include
1 Paving and curb $320 502 55
2 Storm Drainage 462,558 40
3 Mobilization 33 501 38
4 Preparation of ROW 4 147 78
5 Top Soil and Seeding 11 007 61
6 Street Lights and Traffic Markers 24,328 39
Total Assessments $856 046 11
Cost to City
Cost to the City for construction is approximately $564 214 75 plus $85 215 65
(6%) for engineering for a total of $649 430 40 Approximately $335,900 is
available in the project account for the City's construction cost A bond
fund transfer in the amount of $228,500 is proposed from Account No 029-023-17:1-
00 Cooks Lane to supplement the project account A bond fund transfer in the
amount of $85 200 from the Engineering Unspecified Account is required to provide
sufficient funds for the City's engineering. cost
DATE REFERENCE
NUMBER SUBJECT Award of Contract - Bentley Villa e PAGE
Parkway - Unit T Meadowbrook Drive to
3
3
10 28 81 ~~Ce~969 T-30 °s
Recommendations
Tt is recommended that
1 The fo1,.l.owing bond fund transfers be approved
From To Amount Reason
021-023-180-00 021-021-101-00 $856,046 11 To provide funds for
Access to T-30 Contributions to Revolving property owners' share
Fund of construction cost
094-009-901-00 094-023-173-00 $856 046 11 To provide funds for
Revolving Fund Bentley Village Parkway property asanersB share
of construction cost
029-023-171-00 029-023-173-00 $228 500 00 To supplement the
Cooks Lane Bentley Village Parkway project account for th
Unit T City's construction
cost
021-095-901-00 021-023-173-00 $ 85 200 00 To provide funds for
Engineering Unspeci- Bentley Village Park~ray survey inspection
tied Unit T administration and
festing)salaries and
miscellaneoa~s cost
ADOP°fiED ®RDfNANCE NO 8~4 5~
2
An ®rdinance be adopted
A Declaring th.e necessity for and ordering the improvements
B Making provisions for levying assessments
C Directing the Transportation/Public Works Department to prepare estimates
of costs and amounts to be assessed
D Awarding the contract to Austin Road Company in the amount of
$1 420 260 86 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 ADOPfiE~ ORD~~IANCE NO~. 845,3
A Approving the estimates of cosfs_and amounts prop~osed to be assessed and
B Hefting November 24 1981, .as the date for the ~~en~~~~Gt~~~ing
CITY COUNCIL
GG p1g
Attachment nrT 21~ 1981
SUBMITTED FOR THE
CITY MANAGER'S
DISPOSITI iB~ OS1r1CdAry of Lhe`
ROCESSED BY
OFFICE BY ^ (A, ~ O5/Ei~r7rt No>;th~ ~cxaq
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD: CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT
1 GATE