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HomeMy WebLinkAboutOrdinance 8280ORDINANCE NO AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF HEMPHILL S RF.T AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES TN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO CONCHO CONSTRUCTION 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 ASSESSI~fENTS 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 HEMPHILL STREET From Felix Street to Interstate 20 known and de- signated as Project No 021-23169 & 029-23169 Unit 1 THELIN LANE From Hemphill Street to Old Hemphill Street known and designated as Project No '021-23169 &'029-23169 Unit 2 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 HEMPHILL STREET From Felix Street to Interstate 20 known and designated as Project No 021-23169 & 029-23169 Unit 1 a seven- inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high con- crete curb on a forty-eight foot roadway Six-inch thick concrete driveways will be constructed where specified THELIN LANE From Hemphill Street to Old Hemphill Street known and designated as Project No 021-23169 &'029-23169 Unit 2 a seven-inch thick reinforced concrete pavement on a six- inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a forty-foot roadway ii t The above together with concrete curbs gutters driveways and inciden{tale t® such. improvements on proper grade and line where same are not already so constructed together with storm sewers and drains and other necessairy incidentals and appurtenanees all of said improvements to be constructied 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 i A The property abutting on that portion of the street avenue or publiic place and the real and true owners thereof shall-pay all of the cost of. curbs and gutters fn front of. their property and not exceeding nine-tenths (9/lOths) of t.h'e estimated coat of the remainder of such improvements ~ The City of Fort Worth shall pay all of the remainder of. the cost o',f said improvements after deducting the amounts herein specified to 'be paid by the abutting properties and the real and true owners thereof. as set out in subsectio'in A The amounts payable by the abutting properties and the real and true ow',nera thereof shall be assessed against such properties and the real and true owners t',here- of and shall constitute a first and prior lien upon such properties and a personal liability of the real and true owmers there of and shall be payable to-wit When the improvements-are completed and accepted by the City on a parti~,cular unit the sums assessed against property abutting upon such completed and accept'.ed units shall be and beeome payable in five (5) equal installments due respectively on or before thirty (30) days and one (1) 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 units shall be and become due and payable in such installments after the date of completion and acceptance of such respective unit, The entire amount assessed against the particular parcels of. property shall bear interest from the date of such completion and acceptance of the improvements onlthe unit upon which the particular property abuts at the rate of six (6%) percent per annum payable annually except as to interest on the first installment which aliall be due and payable on the date said instal.lmenr_ matures provided that any owner; shall have the right to pay any and all of such ~.natallment 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 payment of any installment promptly gs 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 immedi- ately 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 ae ascertained at the hearing pro- vided by the law in force in the City nor shall any assessment be made in any case until after notice of hearing ae provided by law Said assessments against they 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 thejCity of Fort Worth P1tOVIDgD however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorized payment of the sums assessed against abutting property upon such completed and accepted ;unit in not more than forty-eight equal regular monthly installments of not less than $9 00 each, the first of such installments to beeome due and payable not more than I 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 a-seigns, 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~.~ns and claims except State County School District and City ad valorem taxes Mo 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 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 addi ional recitals pertinent thereto VI Bids having been advertised for as required by Article 11ASb of the re- vised Civil Statutes of Texas as amended and the bid of Concho Construction Co., inc having been found to be the lowest and best bid for the making and construction of. said improvements tht contract there- fore is hereby awarded. to Concho Construction Co., 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 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 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 assesamenta 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 Cfty 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 a X1Y 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 ~~ City Attorney ILEA' ~4~ r «..,:, FIERC,NERT WALKER ~QN_ City of Fort Worth, `texas Mayor and Counca,l Co~amun~catao~s, DATE REFERENCE SUBJECT Award ~?f GCunt1~'c~Ct - Hemphill PAGE NUMBER Street. Extension from F~;lix i of ~_ ~°~C- Street tc I-20 b.oo 820 ----. _._.-_-- City Council ac~;~.on is re~u~ested on Project.I~~.s 021-023-169-00 (Engineering) and 029-023169-00 (Corsteieuctic~n) as described below Roadway ROW lJnit St.reetp bimits Width-Feet Width-F I Hemph:~~l 8tr~et Fel .x to I-20 (bo~op 820) 48 to 60 60 to 160 at bridge II 'Thelin bane III Rogers R,~>ad (Ext ers i>;,,~x~ I~ 'F' S~;r~et (Relocation,N Origin of Project Hemphill. East to Old Hemphill Ihel~n bare. tc:~ No7~,~i~h Existing `'F' Si~reet 62,3° to East 310° to Road 40 60 980' 30 In GSA Property .North 30 In GSA Rogers Property The City has a ~.ong history of attempting to ga~,n appror~al for the extension of Hemphill Street between Felix a.nd I-820 Mc:st of the property between Felix and I-820 is under ~9he super~r•ision cif the General Set•vices Administration (GSA) On August 1 1978 a letter' wrs rec.~i~ed from b N S Swart Regional Commissioner Public Ruildrx~gs Sere;ice c~f GSA outlining specbific criteria which would be acceptable to GSA As a result on September l9 1978 (M&C C-4336) the City Council awarded a contract to Rady and Ass~,,cates Inc. two prepare an engineering feasibility stc~~,dy to determine the ~rarious alternatives and their cost for the opening of Hemp,hi11 Street through the GSA property from FeY%x Street to I-20 (hoop 820) `The feasibi.~_~.i~y study was completed and pr'esent~ed to the City Council on July 1,2 1979 and ~n St,Y,tember 19 Y979 ~;he study watt, discussed with the Regional Administrator f the GSA and her staff On October 9 1979 (M&C C-4839) the results of the d~s~uss~.~,r~~ were presented to t•he City Council and the contract wii~h Rady & Ass•c,c~..a~;es knc was amended to pr~~~ride for the additional alterna- tives suggested by GSA On November 1 1979 %MbC C-4855) an erigineering contract way awarded to Rady and Aso rates Inc. for 't•he preparation of p1~.ras and specifications of the project On d~wne 3 1980 (Nl&C C-5114) the contract was amended to include the design of the utility rel;catio~ns within GSA property and for the lighting of the project i DATE REFERENCE `SUBJECT Award ®f Contract - Hemphill PAGE NUNFSER ' Street Extension ff'om Felix 2 of 3- ~~ C-5545 Street to 1-20 (Loop 820) i On December 19, 1980 the U S Department of Transportation Federal Highway Administration granted the City tfi:e necessary rigk~t-of-way On February 10 1980 (M&C C-5523) the Co~xncil authorized execution of a license agreement for non-Federal use of real property and sett`i.ng for't~h conditions for such use Improvements Unit I Hemphill Street wi~.l be improved with 7 concrete pavement and curb, 48' wide to include concrete sidewalks adjacent to the curb and driveway approaches and wheel chair ramps whe?~e specified Included will be a pre-stressed concrete beam bridge 1 441' long over a portion of the GSA property Required s~osm drain facilities will be const~u~ted as well as left-turn traffic lanes Assess- ments on this unit will ~~e fair curb a~ad g¶.ntter and driveway approaches where .none now exist since the street outside of the GSA property was previously constructed to City standards 40` wide N~~ asae~sments will be made to GSA in accordance with previous agreements, for ~°ight-of-way and construction areas Unit Ii, Thelin 7Lane wi~,l be imp o~rement 40' wide with 7 concrete pavement and curb along with driveway approa~hes,where specified No drainage facilities are required Assessments are proposed on the south side of the street opposite GSA property Upit T11 and IV Rogers Ro~xd. and 'F' Street are private roadways within GSA and will be improved in a~~,o~~dayr~.~e wit~a previous agreements for right-of-way ~aricl construction areas No assessments wi11 be made ~ Receipt of Bids The project was advertised fors bads on ~fanuary 8 and 15 1981 and the following bids were received on January 29 1981 with 380 working days allotted to com- plete the project Bidder Amount Conch© Construction Co 1'nc $2 896 935 65 Texas Bitulithic Company $3 115 244 40 Brown ~ Blakney Inc $3 200 164 45 Austin Bridge Company $3 209 498 32 H B Zach~py Company $3 342 873 00 Hall Construction Co Inc $3 433 246 36 Kidwell Construction Co Inc $3 489 771 38 Engineer's Estimate $4 558 365 00 Proj ect:Cost and Finano.~.ng The April 5 1980 bond ele~;tion provided $47 813 000 for street and stgrm drain improvements of whie.~~n Y5 809 000 was allotted to Hemphill Street on May 20 1980 (M&C G-4548) frrr i~he City's right -of-way and construction costs Based on the low bid and standard policy approximately $16 369 53 is proposed to be assessed against adjace;r~t properties, which wi11 be provided for by a bond fund transfea from the "Revclvir~g Fund Unspecified Cost to the City for construc- tion is approximately $2 880 566 12 plus engineering Sufficient funds are ..~, _„~ ^!'DATE 'REFERENCE SUBJECT Award of Contract. = Hemphl.ll PAGE NUMBER Street Extension from Felix 3 3 *~.C-5545 Street to T-20 (Loo.p 820 _ -or- ax•e a~~ai:~,able in the pro,iect a~:count to provide the City's construction cost A bond fund transfer from the "Engineering IJn.specified' account. in the amount s~f' $51 850 is required to supplement the engineering funds in the project a~;count Rl.ght.-af~way and L~snd Office salaries are estimated to be approximatel $25 000 Recommendations Tt~.:fs recommended that 1 The follo~ing bond fund transfers be approved From TCt. AmoutLt Re~.sot~ 029-023-16900 029-021.101-00 $ 17,000 00 To prt~vicie funds for the Hemphi].1 Street Revol~ring Fund contribution account Felix t.o T-~20 Contribution 029_023-1,6500 029--023-901-00 $2,573,000 00 mm reduce amount allotte Hemphill Street Major. `Thoroug'hfares to project (Excess Funds Fel.3x to T--20 Unsp~:e~ified 094=009-90106 Q94-023-169-00 $ 1.6,369 53 'Co pf'oloifle fuxids for Revolv'3.iag T'und Hemphill Street property owners' share UxASpecifiecl Felix t:a=a 120 0~ const~ructiion cost 021-095-X901-~00 021.023-169-OG $ 51,850 00 To prov~.de adciltional. Eng:~.ne~Erl.ng fiEmph~3.1. Street funds for City's survey, Unspee.ified Felix >eo I-20 inspection and admini-~ strative cost 2 An at°dinance be adopted A Declaring the n.e,~~ess.ixy for and ordering the improvements B Making provisions for levying. assessments; C Directing the Pub~Lic Works Department to prepare esti.inates of costs and amounts to be assessed D Awar~d.in~ the cc~n.t:ract to Concho Construction Company, Tnc , in the amount of $2 896,935 65 based on their low bid E Making appropriatiox>s to -cover the indebtedness thereby incurred for improvements o:f the project named above; and 3 An ordinance be adopted Approving the estimates of costs and amounts proposed to ~e assessed and B Setting March 24 1981, as the date for the benefit he ~~ CG plg ~Q ~ ` ~ ~~1' _ At~.tacYimei~.t- SUBMITTED FOR TFiE- CITY MANAGER'S (`~ DISPOSITION BY COUNCIL: `+ n PROC BY OFFICE BY - [~ APPROVED ~~~j ~ r a'~ ORIGINATING ~ n'~ ~ "(~ oi'-iER (bESCRIeE>;., n ~ off" ~ ~' DEPARTMENT HEAD: Ga Cx,;y n ; `~ "~'~'° ~~ ~S`£CRETARY FOR AbDITIONAL INi•ORMATION ~ ~°t4°f CONTACT Odell Schmidt EXt 7805 p`~oATE "Ado ted Ordinance No,~2$DDecldring Necessity and Ordering Paving an~Ordinance No ~,~sett~ng dd~of Benefit Hearing ~~