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HomeMy WebLinkAboutOrdinance 8213ORDINANCE NO 802 I~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF _ FOSSIL CREEK BOULEVARD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO J. L BERTRAM CONSTRUCTION & ENGTN RTNC 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 RECbRDS 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 FOSSIL CREEK BOULEVARD PHASE I From Interstate 35W to North Beach Street known anal designated as Project No 021- 36526-00 ~~ 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 FOSSIL CREEK BOULEVARD PHASE I From Interstate 35W to North Beach Street known and designated as Project No 021-36526-00 a seven-inch thick reinforced concrete pavement on an eight-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on two twenty=six foot traffic lanes 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, togefher 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 or 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 (9/10tlis) of: the estimated cost 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 thereof and shall be payable to-wit When the improvements are completed and accepted by the City on a particular unit the sums assessed against property abutting upon such completed and accepted units shall be and become payable in eight (8) equal installments, due respectively on or before shirty (30) days, and one ~l), two (2), three (3) four (4), five (5) six (6) and seven (7) years from the date of such completion and acceptance and the assessments against the property abutting upon the remaining units shall be and be- come due and payable in such installments after the date of completion .and accept- ance of such respective unit As development occurs the assessments for the portion of the street adjacent to the property being developed will be due prior to the issuance of a building permit The entire amount assessed against the particular parcels of property shall bear interest from the date of such completion and accep- tance of the improvements on the 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 shall be due and payable on the date said installment matures provided that any owner shall have the right to p.ay 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 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 upon which such de- fault is made 'shall be and become immediately 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 provided by the law in force in the City nor shall any assessment be made in any case until after notice of hearing as 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 retain- ing 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 .no-t less than-$9 00 each the first of such installments tq 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 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 .f.ixing 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 became 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 assessment shall be a first and prior lien against the property superior to all other liens 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 11ASb of the re- vised Civil Statutes of Texas as amended, and the bid of ,1 I Rartram ~~nc+N~~~+'On & Enaineerina 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 J_ L. B r ram. GOn~ r~r_tinn R F~,ginePrlng at and for the prices stated in the Proposal of said company and ea 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 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 Acta 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 Fart 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 eo 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 asseaamenta against the property shall be valid XI The Director of Public Works of the City of 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 4 XIV This ordinance shall take effect and be in full force and effect from and after the date of its passage ~i _ - _ PASSED AND APPROVED THIS < "~-~`~ ~ a~~~ DAY OF__~~~ , 19_sL APPROVED AS TO FORM AND LEGALITY ~~ ~- City Attorney ~ ,/ i4y ~~ • ~~- Katy ®f' JFort ~®~°th, ~"~.~~~ .Mayor a~ad ~oun~al Comm.aan,~cataon DATE REFERENCE SUBJECT Award of Contract - Fossil Creek PAGE NUMBER BOtalevard Fossil Creek Addition 11 12 80 **C-5378 Phase I 1of 3 City Council action is rer~uested on Proje,~t Ncs 021-036-526-00 and .029-036-526-00 as described below Street Limits Roadway Right of Way Width-'Feet Width-Feet Fossil Creek East Service Road of I-35W to 2-26' lGsr~es 120 Boulevard to North Beach Street 48' Median Origin of Project On January 23 1-979 (M&C C-4498) the project was initiated in conjunction with a community facilities contract for the development of Fossil Creek Addition Phase T and updated and revised sin November 12 1980 (M&C C-5377) Fossil Creek Boulevard (Cantrell-Sa,r~.som Road) is projected to be.~. m~j'or thoroughfare according to the Master Thoroughfare Plan which will allow the immediate development of approximately 40 acres oaf property as so~~n as it is open and will also facilitate the traffic from the Motorola site On January 23 1979 (M&C C-4498) a variance was proposed to a11o~ the developer to improve the street on the assessment basis rather than as an interior street Improvements Fossil Creek Boulevard will be improved as a double 26' wide thoroughfare with a 48° wide median of a future double 36" thoroughfare The construction shall consist of 7" thick concrete pavement and concrete curb Included are left-turn lanes at five intersections Storm drain facilities will consist of approximately 5 543' of pipe and appurtenances °' Receipt of Bids The project was ad`cr;ertised for bid on September 18 and 25 1980 and the following bids were received on O:tober 9 1980 with 150 working days allocated to complete the project Bidder Amount J' L Bertram Construction & Engineering $1 262 903 85 L H Lacy Company $1 273 597 60 Austin Paving Company $1 300 094 69 Southwestern Contracting Company $1 315 113 80 APAC-Texas Inc $1 375 395 15 Brown & Blakney Tnc $1 472. 886 50 J A Tobin Construction Comapny $1 /+91 612 20 H B Zachary Comp~.ny $1 508,, 027 00 Project Cost and F:~nancing Based on standard developer policy as to costs and special pro~Yis.i.ons of the _I • DATE REFERENCE SUBJECT Award of Contract - Fossil Creek PAGE NUMBER Boulevard Fossil Creek Add'~.tion `~ of ,~ ~ ~ 91i ~ /s2n ~e~c~-4~7R Pl-~aac T' community facilities contract as to payment of assessments it is proposed that approximately $1,120 751 65, including engineering will be .assessed against properties adj-scent .to Fossil Creek Bo~ale~aard on a deferred payment basis. Assessments include the developer's Yost. of pavement and curb storm drainage facilities, street lighting and engineering The ~.~mmunity facilities contract p~~ovides that repayment of assessments will be paid to the City in installments of 1/8 of the principal amount, plus accrued interest annually The first. 1/8 of the principal shall become dx~ne and payable 30 days after acceptance of the project by the City Council and the remaining 7/8 in annual increments of 1~8 each for seven years from date of acceptance of the project As development occurs, the assessments for tree porti®n of the street adjacent to the property i~eing developed will be due prior to the issuance of a building permit The property owners share of ~onstructi~n cost (assessments) will be provided for by a bond fund transfer from the "Revolving Fund Unspecif ied" Cost to the City f'or street and storm d a1r~. construction is approximately $233 855 52 plus $63 145 19 for administ?~ation sur•~ey and inspection engineering and testing Bond fund transfers in ttue amount of $x.42 200 axed $63 145 are required from the "Streets in New Additions Unspe~.ified Account" and 'Engineering Unspecified Account°1 for the City's constru #~~cn and engineering cost *°especti.vely Recommendations ~ti is recommended i~hat 1 The fallowing bond fund transfers be approved From To Amount 029-036-901-00 Streets in New Addi- tions Unspecified 029-021-101-00 Revolving Fund Unspeci- fied $1 121 000 00 094-009-901.-00 Revolving Fund Unspecified 029-036-901-00 Streets in New Addi- tions Unspecif a.ed 021-095~90Y-00 Engineering Unspeci- f ied 094-036-526-00 Revolving Fund Fossil Creek Blvd 029-036-526-00 Fossil Creek Blvd 021-036-526-00 Fossil Creek Blvd $1 1.20 751 65 Reason To .,provide funds in the Revolving Fund Contribution Account To provide funds for the property owners' share of construction cost $ 142 200 00 To provide funds for the City's. construction cost $ ~s 145 00 To provide funds for the City's engineering co' '~ ~~ DATE REFERENCE NUMBHR SUBJECT Award of G©FAtrau::t - FO~ssll Greek PAGE Y 1~~ 2 8 ~* Boulevard g'~-~ssil Oreelc Addition, _~of 2 . . ~ 0 0-538 Phase l - _ 2 An ordinance be adopted a Declaring the ne:c•esslty for and ordering the Improvements b Making pr©vislon~; for levying assessments c Directing the Public T~lorks Department to prepare estimates of costs and amounts to b~; assessed d Awarding the .contract to d D Bertram C'a~nstructlon and Engineering in the. amount f $~. X62 903 85 basr~d on their low bId e Making appropriations to cover the Indebtedness thereby incurred for improvements of th:e ~r_ j ec~c named above 3 An ordinance be adopted a Approving tb.e estimates of costs and amo-ux~:~`s proposed to be assessed and b Setting December 9 1980 as the date for the benefit hearing and 4 ~'he Public Works Direct.~r be a;~ath~:,rized toy Iss+~e a partial work order imme- diately for the contractor to begin right-of-way prepa~'at~:on and excavation.; work pg~Ior to the benefit hearing provided that, all items have been e ~cuted and necessary waiver to the benefit hearing has been received G~ pig A~PRflil~~ ~Y CITY CC~CIL ,~r~_~. ~i ecxetary o£ the C ct text WVSCh~ xsxgq SUBMITTED FOR THE CITY MANAGER'S OFFICE BY DISPOSITION BY COUNCIL. PROCESSED BY ^ APPROVED ORIGINATING /r n~~~~® DEPARTMENT HEAD: Keith A Smith /-~~j ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATION m ~ ,. CONTACT d ld 8 5 DAT p r Cl