Loading...
HomeMy WebLinkAboutOrdinance 8118 ORDINANCE NO _~~ AN ORDINANCE DETERMINING THE NECESSITY FOR ANA ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF CANTRELL-SANSOM ROAD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO BROWN & BLAKNEY, INC & AUSTIN ROAD CO _ 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 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 CANTRELL-SANSOM ROAD From 120' west of Maiden Lane to Mark IV Parkway, known and designated as Project No 021-364'97 -~ 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 CANTRELL-SANSOM ROAD Prom 120' west of Maiden Lane to Mark IV Parkway,known and designated as Project No 021-36'4'97, a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high super- imposed curb on ~a~athirty-six foot roadway (North lane) 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 shalt 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 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 Cfty 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- art 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 unite shall be and become, due and payable in such installments after the date of completion and acceptance of aueh respective unit The entire amount assessed against the particular parcels of property shall bear interest from the date of such completion end acceptance 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 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 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 cane 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 as provided by law Said aaaeasments against the respective lots and parcels of property and owners thereof shall be evidenced by eertificates of a special assessment which shall be exeeuted in the name of the City of Fort Worth, PR®VIDED, however, that acting through its duly authorized Director of Publie Works, the City of Fort Worth retaining the right to authorized payment of the soma aasesetd 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 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 shell 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 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 rcasonable 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 li.i~na 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 Eids having been advertised for as required by Article 11QSb of the re- vised Civil Statutes of Texas as amended and the bid of grown .&.RlaknPV~ ?n,~R Austin Road C~n~a,y 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 Rrnwrr & E31aknP ~~ Tn,~,~ R Anct;n R.,~,~ ~~„nw at and for the prices abated 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 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 aeaeasmenta herein provided for shall be made for the improvements in each unit according to the coat of the improvements in that unit and according to the benefits arising from the improvements in that unit X r 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 correet name of the owner but the real and true owners of the property mentioned shall be liable and the aesesamenta against the property shall be valid XI The Director of Public Works of the City or Fort i~Torth, 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 Acta 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 City Attorney Fri ~ ~, ,i.. 'MERCHERT~j~ BAILIFF ~~ .; .. SMITH i^ JONES BILARDI This project consists of the construction of the north 36-foot wide traffic lane of a double 36-foot wide boulevard type roadway The south land will be constructed when future development occurs on the south side Current improve- ments will include construction of major thoroughfare grade concrete pavement with concrete curb Storm drain improvements will consist of approximately 1 080 feet of reinforced concrete pipe and appurtenances as well as 380 feet of concrete box culvert ' Receipt of Bids The project was advertised for bids on May 8 1980 and May 15 1980 and the following bids were received on May 29 1980 Base Bid (Street E~?:ca;vation and Storm Drainage) Bidder Amount Working Days Brown & Blakney Inc $497 049 00 160 Vinson Construction Co 519 693 70 150 Orval Ha11 Excav Co 544 780 28 150 Ashland-Warren Inc 549 056 50 125 S R 0 Asphalt Co 550 906 35 180 Lloyd B Shaw Contractor 559 585 90 160 Austin Road Co 571 284 30 Y60 J L Bertram Constr & Eng 642 224 07 Not Specified Contract Builders Inc 647 820 50 280 DATE REFERENCE SUBJECT Award of Contract - Cantrell- PAGE NUMBER 6/24/$0 ~~ Sansom Road Paving and Drainage Improve- lof 3 C-5144 ments City Council action is requested on Pr®ject No 021-036497-00 as described below Roadway R 0 W Street Limits Width-Feet Width-Feet Cantrell-Sansom Road Little Fossil Creek 1 of 2 60 to Mark IV Parkway 36--°foot lanes Origin of Project This project was initiated in conjunction with Community Facilities Contract No 10036 Northbrook Addition Phase I approved September 9 1978 (M&C C-4343) Cantrell-Sansom Road is a border street on the south side of the development Ifnprovements ,: ~~` %y 'GATE X6/24/80; ~`'~- Y, REFERENCE NUMBER **C-5144 Alternate I Bidder Austin Road Co J L Bertram Inc Vinson Constr Co Contract Builders Inc Alternate II (H M A C Pavement) Bidder Austin Road Co Ashland-Warren Inc S.R 0 Asphalt Inc Contract Builders Inc Vinson Constr Co Project Cost and Financing PAGE 2 of 3 in.fc~rced Concrete Pavement,) Amoa~nt $264 881 90 292 440 25 325 660 90 387 77450 Working Days 75 Not Specified 80 220 Amount Working Days $231 890 85 50 245 509 75 75 253 158 50 120 285 247 00 220 297 231 80 80 It is proposed that the low bid far Alternate I (Reinforced Concrete Pave- ment) of $264 881 90 be approved in 1~.eu of the low bid for Alternate II (H M A C Pavement) of $231 890 85 The additional cost of $32 991 05 will significantly reduce the roadway maintenance costs over the long- term `life of the roadway Based on the total bid of $761 930 90 and standard policy approximately $71 342 97 is proposed to be assessed against ;abutting properties on the north side of the street to be provided for by a bond fund transfer from the Revolving Fund Unspecified Costs to the City will be $690 587 93 for paving and drainage construction and $91 43171 for engineering At the time the community facilities contract was; approved (M&C C-4343) $526,610 was initially approved far construction and $64 940 for engineer- ing Therefore an additional $163 977 93 and $26 491 71 will be required for construction and engineering respectively Bond fund transfers will be required from the Streets in New Additions Unspecified Account for con- struction costs and from the. Engineering Unspecified Account for engineering costs Recommendations It is recommended that 1 The City Council approve the allocation o~ the 1980 C I P for the £ollowing Fund 29 Project 036901 for $,63 980 and Project 095901 for $26,495 2 The following Tiond fund transfers be approved sus~ECr Awa~.~d c,f Contract - Caxatreli- Sans,om Road Paving and Drainage Improv meats ,: ~: .~ DATE REFERENCE SUBJECT AWard of Contract - Cant:°.e11- PAGE 6/24/80 NUMBER Samsom Road Paving and Drainage Improve 3 or 3 ~~C-5144 From To Amount Reason 094-009-901-00 094-015-497-00 $71 345 To provide funds far Revolving Fund Revolving Fund the property owners Unspecified Cantrell-Sansom Rd share of construction cost 029-036-901-00 029-036-497-00 $163 980 To provide funds for Streets in New Cantrell-Sansom Rd City's construction Additions cost Unspncif ied 021-095-901-00 021-036-497-00 $26 495 To provide funds for Engineering Cantrell-Sansom Rd City's engineering Unspecified administration and inspection costs 3 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 cost and amount to be assessed d) Awarding a contract to Brown and Blakney lnc in an amount of $497 049 based on their low base bid e) warding a contract to Austin Road Co: in an amount of $264 881 90 used on their low bid for Alternate T and f) Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above 4 An ordinance be adopted a) Approving the estimates of costs and amounts proposed to be assessed and b) Setting July 15 1980, as the date for the Benefit Hearing ~~;~;~~;U~1ED BY CITY C®UNCiL Fuca ~r ~. VS cvl '~'~u'--'~.'~ r~~ ~ ~ Atte`~Chment Gi e~KC Y o C of Foxt Wozth~ ~exa~, SUBMITTED FOR THE- CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED OR4GINATING ~g ith Smith ^ OTHER (D CRIBE) E RY C DEPARTMENT H D: CITY SE R TA FOR ADDITIONALnINFORp4ATIAN d~1~rC~."~,~~4 ~ i~~'~~~y ~~~d "~~ CONTACT John ~ ~ J®T),e~ E~Gt ATE