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HomeMy WebLinkAboutOrdinance 8468ORDINANCE NO ~~ ~p g AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF MEADOWBROOK.DRIVE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO METROPLEX PAVING CO., 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 pulilic 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 MEADOWBROOK DRIVE From Loop 820 to Halbert Street, known and designated as Project No 021-23165, Unit I HANDLEY DRIVE From 360' south of Meadowbrook Drive to 360' north of Meadowbrook Drive, known and de- signated as Project No 021-23165, Unit IA 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 MEADOWBROOK DRIVE From Loop 820 to Halbert Street, Project No 021-23165, Unit I, a concrete pavement on a six-inch grade and widening the existing Crete curb, gutter and driveways specified known and designated as seven-inch thick reinforced thick lime stabilized sub- roadway to sixty-feet Con- will be replaced where HANDLEY DRIVE From 360' south of Meadowbrook Drive to 360' north of Meadowbrook Drive, known and designated as Project No 62;1-23.165 Unit IA, to be widened to provide left-turn lanes at the intersection 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 end appurtenances all o£ 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 property abutting an 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 fx•ont of their property and not exceeding nine-tenths (9/lOths) of the eatia~ated corm of the remainder of such improvements 'The City of Fort Worth shall pay all of the remainder of the c09t of said impt~bvements after deducting the amounts herein specified to 'be paid by the abutting pt"opertiea and the real and true owners thereof. as set out in subsection A The asaunts payable by the abutting properties and the real and true owners thereof shell be assessed sgainat 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 V3'hen the improvements 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 becopne payable in five (5) equal installments due respectively on or before thirty (30) days, and one (l) two (2), three (3) end four (4) years from the date of stJCh completion and acceptance and the assessments sgainat. the pro- perty eibuttfn~ upon etas remaining unite shall be and become due and payable in such inetall.tnents after the date of completion and acceptance of such respective unit The entice ai~unt assessed sgainat the particular percale of property shall bear interest fxom the date of such completion and acceptance of. the improvements on the unit upon ~ihieh the particular property abuts at the rate of eight ($%) percent per annum, payat>~l.e annually except as to interest on the first installment which shall be due and payable on the date said installmen*. matures provided that any owner shall ha~-e the right to pay any and all of such installment at any time before maturity by paying principal with interest accrued to the date of payment and further provided if default be made in the payanent of any installment promptly es the same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the assesainent upon which such default is made shall be and become immedi- ately due and payable; but it is specifically provided that no asaesamenta 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 open which the particular property abuts ae ascert'ained at the hearing pro- vided by the law in farce i.n the City nor shall any assessment be made in any case until after native of hearing as provided by law Ssid assessments sgainat 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 PRCVIIDRD, however, that acting through its duly authorized Director of Public Wor~Cs, the City of Fort Worth retaining the right to authorized payment of the sump assessed against abutting property upofi such completed and accepted unit in not more than forty-eight equal regular monthly lnstallmenta of not leas than $9 00 each the first of such installments to become due and payablt 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 PROVIDED 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 in evidence of any of the installments 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 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 I 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 11QSb of the re- vised Civil Statutes of Texas as amended and the bid of MP_rnnlex:Payjng ~n_, Tnr, 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 __Metr~nlex Paving ~n 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 ~~ 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 Cfty 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 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 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 corporation, ft 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 Legislatu"re 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 APPRWED THIS Ski ~ DAY OF_~/ i~~t ~ , 19~ APPROVED AS TO FORM AND LEGALITY ~~ t.. ~ ~ . G2i~C"L. City Attorney ~ ,~ ADDENDUM CTTY COUNC2L AGENAA FUR THI: MEETING AT 10 00 A M , ~'ULSDAY DECEMBER 15, 1981 XI T. Report of the City Manager F Award of Contracts a **l M&C C-6A44 - Award of Contract - Village Creek Wastewater Treatment Plant Digester Repairs, Digester No 6 "9. ADDENDUM CITY COUNCIL AGENDA FqR THE MEETING AT 10 00 A M TUESDAY DECEMBER l5, 1981 XIT Report of the City Manager Award of Contracts **1 M&C C-6044 ~ Award of Contract ~ Village Creek Wastewater Treatment Plant Digester Repairs, Digester No 6 • • DATE REFERENCE SUBJECT Award of COritract - Meadowbrook PAGE NUMBER Drlve ImprOVements - I-820 t0 11117/81 ** C-SQQ~ Halbert Street _i°f 3 City Council actin is requested on Project No 021-023-165-00 as described below: Roadway ROW Unit Street Limits Width-Feet Width-Fee I Meadowbrook Drive East Service Road of I-820 - 60 80 to 10 East to Halbert Street Origin of Project On ~3une 6, 1978 (M&C G-3837) the City Council approved the 1978-81 Capital Improvement Program (CIP) which included the upgrading of Meadowbrook Drive to a facility with four moving lanes and turn lanes where needed Also included are intersection improvements at Handley Drive to provide for turn lanes from each direction on Handley Drive (1978-81 CIP P ST-31) On November 14 1978 (M&C C-4414) the City Council authorized a contract with Itady and Associates Inc for the engineering services and preparation of plans and specifications f'or the project Delays have been experienced on the project due to condemnation of several parcels of required right-of-way Improvements This seg~mgnt of Meadowbrook Drive is currently 36' wide with no turn lanes and is very congested ItnpYOVements will include the construction of major thoroughfare grade pavement with concrete curb and driveway approaches, where required on a 60' wide roadway The new roadway will provide for two moving lanes in each direction with continuous left-turn lane in the center of the street Improvements at the Handley Drive intersection will include widening to provide for turn lanes in each direction Also included are required drainage facilities and appurtenances Receipt of Bids The project was advertised for bids on October 1 and 8 1981 and the following bids were received on October 29 1981 with 120 working days allotted to comple the project Bidder Alternative_ A" Alternative "B" Metroplex Paving Co , Inc J L Bertram Construction & Engineering Inc Austin Road Company APAC-Texas Inc SRO Asphalt Inc L H Lacy Company L Grimes & Company Industrial Contracting *Low Bid *$547 861 20 $554 267 89 $559 522 68 $621 214 20 No Bid $625 833 98 No Bid No Bid $563 408 20 No Bid *$483,456 74 $526 656 20 $529 623 87 No Bid $546 245 80 $781,215 96 • • • DATE REFERENCE SUBJECT Award -of Contract - Mc~adowbraok P,4GE NUMBER Drive Improvements - T-820 to 2 3 of ~_ ~`Vf1~IR1 ~~ C-5991 xa~_be~t street The pro,~ett was bid with two alternates as to the new pavement Alternate A' stipulates 7' thick coa~.crete pavement whereas Alternate 'B stspulates 9 thick hot-mist asphaltic c®.~,;e~~e e pavement Both are class~.fied as majoy~ thoroughfare type pavement the low concrete bid (Alternate "B) represents a 13% premium over the low IAC bid However the City can expect a. 40-year service life from the concrete pavemen~. whereas the service life of the HMAC pavement iv 3.f yeaxs or less Meadowb~•ook Drive i.s very heavily traveled and is a bus route The new buses and other commercial carriers have. an extremely high wheel load which impos a tremendous impact on pavement by braking forces new bus stops and intersections In view of the longer service life and generally lower maintenance costs. on concrete streets, the Department of Trar~~spr~rtati~;n~PuiDli~. Works x~e~~o~rur~ends that the low bid for AYtex=Hate`"A (,concrete pavement) be awarded Project Cost and Fi~;aru~cing Standard City policy states that under street recons~x'ucticn and widening residentially zoned property will not be assessed any portion of the cost except for non-existing curb gutter and driveway approaches Property zoned other than residential will be assessed for non-existing curb gutter and driveway approaches plus pavement widening to a maximum of 20' frPom the face of the curb on each side of a 60' wsde street with credit being given for the existing l8' from the face of the cu~'b on each side of a 36' wide street Consequently owners of property adjacent o Meadowbrook Drive, which is zoned other than residential, will be assessed for non-r:xisting curb gutter and driveway approaches and 2' mf pavement widening on each side of the street Based orb the above and the low bid unit p i~.es approximately $13 554 76 is proposed to be assessed against ad_jaeent propertses which will be provided for by a bond fund transfer from the Revolving Fund Unspecified Accctant Cost to the City fob construction is approximately $534 306 44 of which $34 642 is for storm drain improvements plus $38 350 28 (7%) for engineering Sufficsent funds are available in the project account for the City's construction cost A bond fund transfer from the 'Engineering Unspecified Account' is required for the engineers; costs Recommendations It is recommended that 1 The following bond fund transfers be approved From To Amount Reason 094-009-901-00 094-023-165-00 $ l3 554 76 To provide for the pro- Revolving Fund Meadowbrook Drive petty owners share of Unspecified I-820 to Halbert construction cost 021-095-901-00 021-023-165-00 $ 38,350 00 To provide funds for th Engineering Meadowbrook Drive City s engineering in- Unspecified I-820 to Halbert spect.ion, testing sure & administrative costs 021-023-165-00 021-023-901-00 $293 250 00 To reduce excess allo- Meadowbrook Drive Major Thoroughfares cation I-820 to Halbert Unspecified • • • DATE REFERENCE SUBJECT Award ®f G6lntra.'~'.u - Meadowbrook PAGE NUMBER Drive. :~mprovemr:nts - I-820 tc~ _~_ of _~-- Y. 1 81. ~~G-5991 Halbert Str~:et _ 029-023-165-00 029-023-901-00 ~ 95 000 00 Tcs reduce ea~cess allo Meadowbrook Drive Ma~a~r Thoroughfares cation ~_-820 CO Halbert iJrspeciried 2 Are ~~d~.nanl=e b~ ~d~p~ed ADOPTS ORDINANCE (~® g~` ~$ A Decar~.ng ~henecess,i~:~~ fog- and ordering the imps®vements B Making provi~fons for levying assessments C Directing tae Tra~~sport~at:ion%Pc~blic Works Department to prepare estimates, W f r,:,os.tes and amoaint to be assessed D Awarding the cc~,ntract to Metrop`ex Pavi~~g Ca~mpany Inc in the amount of $S47 8fil 20 based on their low bid for A4ternate A" E Making appzc-priations to cUver the indebtedness thereby inc.u~°r€:d for improvements of the project. named above and 3 An ordinance be adopted ~DO~?'~'~ V~11h~t~lAt`1~~ ~n i amounts pr®posed to be assessed and A Approving tf~e estimates of costs and B betting December 1S x.981, as the date fur the benefit hearing GO plg ~PPROVED~ BY CITY COUt~Cil NOV 1"1 i98i Ci ecz- eCary oCt- ~ of FotC K X s SUBMITTED FOR THE- ~~, CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: ^ APPROVED ORIGINATING ~ ^ OTHER (DESCRIBE) DEPARTMENT HEAD: ~aT, ~ nte~,T,e CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT DATE