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HomeMy WebLinkAboutOrdinance 8459ORDINANCE NO ~ ~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF TRINITY BOULEVARD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO ,1_ 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 o£ 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 TRINITY BOULEVARD From Handley-Edervill'e .Road to Loop 820 Unit II, known and designated as Project No 021-24285 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 TRINITY BOULEVARD From Handley-Ederville Road to Loop 820, Unit II, .known a.nd designated as Project No 021-24285, a seven:-,inch, thick reinforced concrete pavement on a s'x-~nch~thick lime stabilized subgrade with seven- inch high superimposed concrete curb The finished roadway will be sixty-feet wide for approximately 1,739 feet at this point it will consist of two- twenty-six foot traffic lanes with a right-turn lane on the south Seven-inch thick concrete driveway approaches will be constructed where specified the abd~e~ together wStri concrete curbs gutters driveways and incidentals tb such ii~provementa, on proper grade and Brie where same are not already s6 ~anstructed, together with stbtfn sewers and drains and other necessary intid~ntals and appurtenances all of said improvements to be constructed ~~ and there ahawri on the Plana and Specifications therefor IV the cedt of said imprti~~~ente as herein defined shall be paid for as ~ofo~s, to~wit ~ the property abutGi~ng on that portion of the street avenue nr. puhl.ic pleas and tie real aid t"rue 6wners thereof shall pay alt of the cast of curbs and gutters ffi fxont bf heir prdperty and nat exceeding ri me-tenths (9/lOtha) of the estimated coat of tNe remainder of such improvements T1ie C~t~ bf Fart i~arth shall pay all of the remainder of the cost of safd ~~ptio~ements after deducting the amannta herein specified to~be paid by the abutting- propertie® and the real and true owners thereof. as set out in subsection A The amounts payable ~~ the abutting properties and the real and true owners thar~t<f ~ha11 be assessed against such properties .and the real and true owners there- df 8nd shall Constitute s first and prior lien upon such properties and a personal labflC~ of the real and tYtie ow'iiers there of and shall be payable to-wit then the istprove~encs-art completed and accepted by the City on a particular unit, the aura assessed agat.nat property abutting upon such completed and accepted Anita shell be end became payable in five (5) equal installments due respectively on or ~dfuYe Chitty C~0) dais and one (1} two (2), three (3) and four (4) years frd~ `the date of eucl~ completi.n~ and acceptance and the assessments against the pro- perty abutting upon the remaining unite shall be and become due and payable in such installseote after the date ~f completion and acceptance of such respective unit The enure stnaunt assessed against the particular parcels of. property shall bear iutereat ~rn~ the date of such ~nmpletian and acceptance of. the improvements on the unit upon ~bi.Fh the psrticiilar property snots at the rate of eight (8%) percent per annum payable a~nuall.y except as to interest on the first installment which shall be due and psyabYe on the data said installment matures provided that any owner shall $'iave the right, ed pay any and all of such i.astallrnent at any time before ~aturiGy by p8ying prlncipsl with interest accrueu to the date of payment and further provided if default ge made in the payment bf any i~aCallment promptl3 as the same secures; rh'an at the option of the City of Port Worth or its assigns the entire amount of tike 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 o~se be ~adt against soy property or any owner thereof in excess of the special benefits to pt'ope~i~y in the enhanced value thereof by means of said improvements in the obit upon which the particular property abuts as ascertained at the hearing pro- dded by the law in 'force in the City, nor shall arty asaeaement be made in any case until sfl:ar notice of hearing as provided by law Said asaeasmenta against the respective lots and parcels of property and owners thereof shall be evidenced by eexttficates of a special assessment which shall be executed in the name of. the City of Fort Wofith, la)tb~Y~~~ ho~ever, that acting through its duly authorized Director o£ ~ablic ~nr~s~ the City of Fort forth retaining the right to authorized payment of the sums assessed against abutting property upon such completed and accepted unit i.n not sore than fdx'2:yweight equal regular monthly installments of not leas than $9 00 eac>i, the f4tist 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 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 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 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 fn 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, as well as the principal and interest on the assessment shall be a first and prior lien against the property superior to all other 1 ins 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 o her 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 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 11ASb of the re- vised Civii Statutes of Texas as amended and the bid of J. C. Bertram.Construction & Engineering, 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. Construction & Engineering. Inc. at and for the prices rotated 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 Fort Worth Texas by said contract there is hereby appropriated out of available funds and current revenues of the City an amount auff.icient 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 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 corporat3.on, 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 dr ~brt 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 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 y DAY OF~_,~„_„ , 19~ APPROVED AS TO FORM AND LEGALITY l City Attorney ;. J~cayor a ~oun~al Com.~aun~.~at~o~a, DATE REFERENCE SUBJECT Award of Contract - Relocation of PAGE NUMBER 16" Water Main and Assessment Paving - i of _.3- 1L3 ** C-5979 Trinit Boulevard Handle Ederville Road to I-820 East City Council action is requested on Project Nos 050-014-826-00 (Water) and 021-024-285-00 (Street), described below Roadway ROW Unit Street Limits Width-Feet Width-Feet I 16 Water Main in 250' east of Handley/ NA NA Trinity Boulevard Ederville Road eastward 1 154' II Trinity Boulevard Handley/Ederville Road 60 to Double 80 to 165 to I-820 East 26 @ T-820 Origin of Project On July 20 1970 (M&C C-1791) the City Council approved Community Facilities Contract No 6595 for the development of Lot 1 Block 1 Wapco Addition (Waples Platter Company) and on April 12 1977 (M&C C-3745) approved Community Facilities Contract No 9231 for the development of Newell and Newell Industrial Park (Newell & Newell) Trinity Boulevard is a border street to both developments Improvements Unit I involves the relocation and construction of approximately 1 154' of new 16 water distribution main in Trinity Boulevard The existing 16" line does not meet the grade of the new street Unit II Trinity Boulevard, is an existing County-type roadway in poor condition and will be improved by construction of industrial-type concrete pavement with concrete curb and driveway approaches The new street will be 60' wide and ending as a double 26' wide roadway at I-820 to match the bridges over I-820 Storm drain facilities will consist of 515' of pipe and appurtenances Receipt of Bids The project was advertised for bids on September 17 and 24, 1981 and the followin bids were received on October 8 1981 with 110 working days allotted to complete the project Unit I Unit II Bidder 16 Water Main Street Construction J L Bertram Construction & Engineering Inc $52 611 O1* $272,487 75* Newell & Newell Limited Partnership $67 270 74 $289 297 38 Texas Bitulithic Company $77 095 00 $303 976 85 Austin Road Company $84 570 00 $311 297 72 L H Lacy Co $72 278 90 $370 492 30 Metroplex Paving Co Inc $68 363 68 $346 352 16 *Low Bid Y DATE REFERENCE SUBJECT AWard of Contract - Relocation of PAGE NUMBER 16 Water Main and Assessment Paving - 11/3/81 ~ **C-5979 Trinity Boulevard, Handy/Ederville Road 2 of.~_ to I-820 East Project Cost and Financing Based on the low bid and standard policy approximately $169,075 02 is proposed to be assessed against adjacent properties for street improvements All of the adjacent property is zoned Industrial", except one tract which is "Unzoned" Funding for the property owners' share of construction cost will be provided for by a bond fund transfer from the 'Revolving Fund Unspecified" Cost to the City for street construction is $103 412 73 plus engineering and $52,611 O1 plus engineering for the relocation of the 16" water distribution main Bond fund transfers as indicated below are required for the City's costs Recommendations It is recommended that 1 The following bond fund transfers be approved From To Amount Reason 029-024-901-00 029-021-101-00 $169 075 02 To provide funds Assessment Paving Contribution to Revolving Fund for revolving fund 094-009-901-00 094-024-285-00 $169 075 02 To provide funds Revolving Fund Trinity Bouleva~°d Handley/ the property Unspecified Ederville Road to I-820 owners' share. of East construction cost 029-024-901-00 029-024-285-00 $104 000 00 To provide funds Assessment Paving Trinity Boulevard Handley/ for the City's Unspecified Ederville Road to 7~ 820 construction cost East 021-095-901-00 021-024-285-00 $ 14 000 00 To supplement the Engineering Trinity Boulevard Handley/ City's engineering Unspecified Ederville Road to I-820 costs East 050-014-230-00 050-014-826-00 $ 57 000 00 To provide funds South Side Trans- Trinity Boulevard 16 Water for the City's mission Main 5-13 Water Main Relocation 2 An ordinance be adopted A~OPTEfl ORDIPlANCE NO 84 S A Declaring the 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 J L Bertram Construction and Engineering Inc i~a the amount of $325 098 76 based on their low combined bid for Units I and II E Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above and DATE REFERENCE SUBJECT Award of Contract - Relocation O PAGE NUMBER ],( Water Main and Assessment Pavin ~-~f~ 11/3/81 **C-5979 Trinit Boulevard Handle /Ederville Roa to I-820 East 3 An ordinance be adopted ADOPTED ORDINANCE NO ~~~~ A Approving the estima tes of costs and amounts proposed to be assessed and B Setting December 1, 1981 as the date for the benefit hearing GG plg Attachment APPROVED BY CITY COUNCIL N 0 v 3 1981 ,c~L'r-~1-n--~", C~ eczetary of the C of Fozt iJozth, Tex~$ SUBMITTED FOR THE- ~ CITY MANAGER'S i DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY - ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT DATE