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HomeMy WebLinkAboutOrdinance 84751, ~;_ t f ORDINANCE NO ~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF Syl V.ANTA AVFN 1E ~ AND PbRTTONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO TEXAS BITULITHIC 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 OWN7ERS 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 TEXA5, 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 SYLVANIA AVENUE From 1.10 feet south. of Gemini Parkway to Meacham Boulevard known and designated as Project No 029-36646 POLARIS DRIVE From 100 feet west of Sylvania Avenue to 100 feet east of Sylvania Avenue known and designated as Project No 029-36646, Unit lA 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 SYLVANIA AVENUE From 110 feet south of Gemini Parkway to Meacham Boulevard known and designated as Project No 029-36646, a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabi]ized subgrade with seven-inch high superimposed concrete curb on two twenty-six foot traffic lanes POLARIS DRIVE From 100 feet west of Sylvania Avenue to 100 feet east of Sylvania Avenue, known and designated as Project No 029- 36646 Unit 1A '1't~e above together with concrete curbs gutters driveways and incidentals to such i.mprovement:s on proper grade and line where same are not already so constructed together with sto'rtn sewers and drains and other necessary itcieientala and appurtenances all of said improvements to be constructed as and where shown on the Plans and Specifications therefor I9 ~hc coat of. said improvements as herein defined shall be paid for as fo 1. l.caws to ~wi. t .~ ~lte property abutting on that portion of the street avenue or public place aril the real and true owners thereof shall pay all o£ the cost of. curbs and gutters in front of. their property and not exceeding nine-tenths (9/lOths) of the estirnatei! coat of the remainder of such improvements fibs City of Fort Worth shall pay all o~ the remainder of the cost of said improvements after deducting the amounts herein specified to 'be paid by the abutting pro.pert:es and the real and true owner's thereof. as set out in subsection A 'the arfiountm 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 atyd shall cgristitute 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 l~t'ten the mpi'ovementa are completed and accepted by the City on a particular unit the stytns assessed ag&i.nat property abutting upon such completed and accepted units shall be and becos~~e payable in five (5) equal installments due respectively on or before thirty (~0) days and one (I) two (2) three (3) and four (4) years from the date of such completion and acceptance and the assessments against the pro- perty abutting upon the remaining unite shall be aril become due and payable in such inatallmerits after the date of completion and acceptance of such respective unit 3'he entire ataount assessed against the particular parcels of property shall bear interest fti~otn the date of such completion and acceptance of. the improvemente~ on the unit upon wrhi.ch the particular property abuts at the rate of eight (8%) percent per annum payable anriual~.y except as to intex~eat on the first installment which shall be due and payable on the date said inetal.lmenr matures provided that-any owner shall ltavre the right to pay any and ell of such {.nstallment at any time before maturity by paying principal with interesC accrued to the date of payment and further provided .i: default be made i.n the payment of arif installment promptly as the same matures, then at the option of the City of Fort Borth or its assigns the entire amount of the aamessment upon which such ~fefault is made shall be and become immedi- ately due and payable bat it is specifically provided that no assessments shall in any case be trade 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 tht unit upon which the particular property abuts ae ascert'ained at the hearing pro- vided by the law in force i.n the City nor shall any assessment be made in any case until effete notice of hearing as provided by law Said apseaamenta against the zespecti:ve lots and percale o£ property and owners thereof shall be evidenced by certificates of a special asaesbment which shall be executed in the name of the City of Fort Worth PILOVYAI:'D however, that acting through its duly authorized Director of Public Work®, the City of Fort Worth retaining the right to authorized payment of the numb assessed against abutting property upon such completed and aceepted unit in not more than forty eight equal regular inonthly installments of not lase than $9 00 each the first of such installments to become due and payable not mare 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 fn 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 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 asaeasment 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 costs of collection if incurred all of which, as well as the principal and interest on the asaeasment 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 h~tr 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 asaeasment 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 ae amended and the bid of Texas 8itulit}iic Company 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 Texas Bitttlithic Cor~,panv 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 o.f 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 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 dr 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 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~ !~, 19~ APPROVED AS TO FORM AND LEGALITY l~ ity Attorney DATE REFERENCE SUBJECT Award of Contract - Paving PAGE NUMBER Improvements Sylvania Avenue and for -2_ *~ - 0_(15 Gemini Parkwav at Mercantile Center _i-- City Council action is requested on Project Nos 029-036-646-00 (Sylvania Avenue) and 029-036-647-00 (Gemini Parkway), as described below Roadway ROW Unit Streit Limits Width-Feet Width-Feet I Sylvania Avenue 110' S of Gemini Parkway 2-26' banes 120 to Meacham Boulevard 28' Median IA Polaris Drive 100' W of Sylvania 40 60 Avenue to 100' East of Sylvania Avenue II Gemini Parkway Sylvania Avenue West to 2-26' Lanes 54 I-35 160' Median (East side (TESCO~ROW) of TESCO ROW) Origin of Project On July 21 1981 (M&C C-5786) the City Council approved Community Facilities Contract No 11871 with the Mercantile Corporation of Fort Worth for the installation of community facilities to serve the Mercantile Center Coors Site Included in the contract is the assessment paving of Sylvania Avenue with provisions for the future Polaris Drive and the construction of Gemini Parkway an interior street to the development On August 18 1981 (M&C C-5834) a separate contract was awarded for the street excavation and storm drainage improvements in the above streets Improvements This contract will include the construction of major thoroughfare grade concrete pavement with concrete c~irb on both Sylvania Avenue and Gemini Parkway Also included are right and left turn lanes at the intersection of Sylvania Avenue and Gemini Parkway and at the intersection of Sylvania Avenue and Polaris Drive Receipt of Bids The project was advertised for bids on September 24 and October 1 1981 and the following bids were received on October 15 1981 with 90 working days allotted to complete the project Bidder Sylvania Avenue Gemini Parkway Total Texas Bitulithic Co Austin Road Co Metroplex Paving Co Inc J L Bertram Construction and Eng Inc L H Lacy Co Southwestern Contracting Co $233 367 40 $244,557 90 $253 699 20 $254,713 86 $278 503 70 $294 094 00 $174 918 05 $176 606 20 $184,044 25 $184,986 86 $197 422 55 $216 795 00 $408 285 4~ $421 164 1 $437 743 4 $439 700 7 $475 926 2~ $510 889 0 !^ DATE REFERENCE SUBJECT Award of Contract - Paving PAGE NUMBER Improvements, Sylvania Avenue and Gemini 2 2 11/24/81 ** C-6005 Parkwa at Mercantile Center - -°f Project Cost and Financing Based on standard City policy and special stipulations in the community facilitie contract, properties adjacent to Sylvania Avenue and Polaris Drive will be assessed $191,673 09 which includes normal assessment for a 40' wide roadway plus the extra width cost of a double 26' wide divided roadway as requested by the developer Funds for the property owners share of construction costs will be provided for by a bond fund transfer from the "Revolving Fund Unspecified" Cost to the City for construction on Sylvania Avenue is $1 694 31 plus $28 579 98 (7%) engineering for the total contract Gemini Parkway is an interior street to the development however is included in this contract Based on the low bid of $174 918 05, the developer's portion of the cost if $126 953 63 which has been provided for by an irrevocable letter of credit at the First National Bank of Fort Worth from which the City still draw monthly, to make payments to the contractor for the developer's portion of work completed -Cost to the City for construction of Gemini Parkway is $47 964 42 APPR~V ~ Sufficient funds are availabl i th t f t ~ ' i e n e projec accoun o t onstruct o eii d i i v',~ ~~ C1L an eng neer ng costs t+ Recommendations NQV ;'~~ It is recommended that ~ ~ ~n.w~ 1 The following bond fund transfer be approved ~ eczetary of ~q------art. From To Amount °~ ~~~~s~€, ~A 094-009-901-00 094-036-646-00 $191 673 09 To provide funds for Revolving Fund Sylvania Avenue 110' S of the property owners' Unspecified 'Gemini Parkway to Mea c h am Boulevard share of cons ruction ~ + ~ a~~P A Cam' QRQ~~~~~~ ~~cost ~'~/ ~~ 2 An ordinance be ado ted P 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 Biutlithic Company a Division of APAC- Texas, Inc , in the amount of $408 285 45 based on their low combined k~3.d fir ,Units I~ and IS , E Making appropriations to cover the in a tedness thereby incurred for improvements of the project named above and yt~ 3 An ordinance be adopted AD®P~E® ®R~0~~6~C~ N~ O T ~~ . A Approving the estimates of costs and amounts proposed to be assessed an B Setting December 22, 1981, as the date for the benefit hearing GG plg Attachment SUBMITTED FOR TH CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ~ ^ OTHER (DESCRIBE) DEPARTMENT HEAD• Ga Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt Ext. 7805 DATE