HomeMy WebLinkAboutOrdinance 8295ORDINANCE NO $ ~q ,'~
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF JOHN T. WHITE ROAD
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON-
TRACT TO AUSTIN PAVING COMPANY AND FoR TIDE
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 ASSESS1~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 TI#E 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
JOHN T WHITE ROAD From I-820 to 200' west of Cook's Lane, known and
designated as Project Nos 013-23151 & 021-23151,
Unit I
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
JOHN T WHITE ROAD
From I-820 to 200' west of Cook's Lane known and de-
signated as Project Nos 013-23151 & 021-23151, 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 twenty-six foot
traffic lanes Six-inch thick concrete driveways will
be constructed where specified
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 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 on that portion of the street avenue ar public
place and the real and true owners thereof shall pay all of the cost of. curbs and
gutters in front of their property and not exceeding nine-tenths (9/lOths) of. the
estimated coat of the remainder of such improvements
B The City of Fort Worth shall pay all of the remainder of. the cost of.
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 subsection A
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 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
When the improvements-are completed and accepted by the City on a particular
unit the soma assessed against property abutting upon such completed and accepted
unite shall be and become 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 on the
unit upon which the particular property abuts at the rate of six (670) percent per
annum, payable annually except as to interest on the first installment which shall
be due and payable on the date said installment matures provided that any owner
shall have the right to pay any and all of such i.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 Es the same
matures, then at the option of the City of Fort Worth or its assigns the entire
amount of the assessment upon whieh ouch 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 as 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 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, PROVIDED however, that acting through its duly authorized Director
of Public Works, the City of Fort Worth retaining the right to authorized payment
of the soma 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 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 msterialman's contract upon forma 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 all 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 ao 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 ff 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 l 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 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 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 Aia~tin Pavia
having been found to be the lowest an
beat bid for the making and construction of. said improvements the contract there-
fore is hereby awarded. to Austin Paving Company
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 exeeute 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 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 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, 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 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'a Texas Civil Statutes
XIII
The City Secretary is hereby directed to engross and enroll thin 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
~:~ _.r----~
City A torney
!~~
~~ _ •~
~C~ty of .lt~o~°t ~®~th, ~"~.xa~
JVlayor aa~a.d Coua~cal Coaa~.rra;~ai~a,iccataora,
DATE REFERENCE SUBJECT Award of Contract - John T Whit PACE
NUMBER Road, Unit I, Paving and
3
3/1.7/81 **C-5576 Drainage Improvements 1Of ---
City Council action is requested on Project No 013-023-151-00 as described
below
Street
Limits
Roadway
Width-Feet
ROW
ra;~r~,_Foo,-
John T White Road I-820, east to 200' W
Unit I W of Cook's Lane
Origin of Project
2-26' Lanes
120
The 1976-78 Capital Improvement Program (CIP) Page B-31 authorized engineering
and purchase of right-of-way for the construction of John T White Road from I-820
to Randol Mill Parkway a distance of 2 6 miles The CiP provided for the acquisi
tion of right-of--way for a double 36' roadway and the construction of one of the
36' roadways to arterial grade pavement Due to the length of the project the
City Council authorized the design engineering in two segments the first segment
being from I-820 to 200' west of Cook's Lane and the second being from 200'
west of Cook's Lane to Randol Mill Parkway On May 3 1977 (M&C C-3773) a
contract for engineering services was awarded to Farrington & Associates Inc
for the design of subject segment of John T White Road
Due to controversy surrounding. this project the City Council on April 3 1979
(CP-52) instructed the staff to redesign John T White Road to include a double
26' roadway on a 120' right-of-way and on April 24 1979 amended the contract
for engineering services with Farrington & Associates Inc Consulting Engineers
Improvements
John T White Road will be improved as a double 26' wide arterial roadway
Construction shall consist of 7' thick concrete pavement and 7' high concrete
curb Included are left-turn lanes and cross-ovens at ten present and future
north-south streets and concrete driveway approaches where specified Storm
drainage improvements will consist of 6 436 linear feet of pipe and appurtenances
and 2 box ct}lverts Should future widening of the roadway occur the additional
lanes would be added to the 26' lanes in this cantx•act
Receipt of Bids
The project was advertised for bids on January 29 and February 5 1981 and the
following bids were received on February 26 1981 with 24Q working. days allotted
to complete the project
E I REFERENCE
NUMBER
3/17/81 ~ **C-5576
Bidder
Austin Paving Company
Texas Bitulithic Company
J L Bertram Construction &
Charles Cohen Inc & L H
Ed Bell Construction Company
Uvalde Construction Company
Southwestern Contracting
sue,,ECr Award of Contract - John T Whi
Road Unit I Paving and
Drainage Improvements
Amount
$1 816 725 08
$1 896 630 34
Engineering Inc $1 918 061 88
Lacy Co $1 957 277 86
$2 069 Oll 99
$2 245 056 00
$2 492 441 85
PAGE
_2- of _ 3
Project Cost and Financing
Based on the low bid and standard policy approximately $373 977 61 is proposed
to be assessed against the adjacent properties 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 and storm drain construc-
tion is approximately $1 551 750 97 including inspection engineering survey
and administration Sufficient funds are available in Account No 013-023-151-00
for the City's construction costs
A bond fund transfer from the Engineering Unspecified Account in the amount of
$52 000 is required to supplement the engineering funds in Project Account No
013-023-151-00
Recommendations
It is recommended that
1 The following bond fund transfers be approved
From
021-023-151-00
John T White Road
Unit
094-009-901-00
Revolving Fund
Unspecified
013-095-901-00
Engineering
Unspecified
To
021-021-101-00
Revolving Fund
Contribution
094-023-151-00
John T White Road
Unit I
013-023-151-00
John T White Road
Unit I
Amount Reason
$374 000 00 To provide funds f
contribution acct
$373 977 61 To provide funds for
property owners'sh
of construction cost
$ 52 000 00 To provide additiona
funds for City's
survey inspection
and administrative
cost
2 An ordinance be adopted
A Declaring the necessity for and ordering the improvements
B Making provisions for levying assessments
C Directing the Public Works Department to prepare estimates of costs and
amounts to be assessed
D Awarding the contract to Austin Paving Company in the amount of
$1 816 725 08 based on their low base bid and
E Making appropriations to cover the indebtedness thereby incurred for
improvements of the project named above and
~..~~
~ s.
~~"~„
Adopted Ordinance No ~~Declaring Necessity and Ordering.,. Improvements and~Ord.~,,No ,~~ $.
DATE REFERENCE SUBJECT Award Of Contract - John T Whit PACE
NUMBER Load, Unit I, Paving and 3
3
3/17/81 **C-5576 Draina a Im rovetaents of
3 An ordinance be adopted
A Approving the estimates of costs and amounts proposed to be assessed; and
B Setting April 14, 1981, as the date for the Benefit Hearing
GG plg
Attachment
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C~fiY COUNC
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SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCE$SEO BY
OFFICE BY: ^ APPROVED
ORIGINATING ~ ^ OTHER (DESCRIBE)
DEPARTMENT HEAD: CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT DATE