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HomeMy WebLinkAboutOrdinance 8222~~ f4 ORDINANCE NO ~ ~ ~~ 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 PAU'ING 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 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 descrfbed portions of streets avenues and public places in the City of Fort Worth Texas to-wit JOHN T WHITE ROAD From 200' west of Cook's Lane to Randol Mill Park- way known and designated as Project No 029-023-153 Unit II COOK'S LANE From 235' north of John T White Road to 147' south of John T White Road known and designated as Pro- ject No 029-023-153 Unit. IIA. 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 200' west of Cook's Lane to Randol Mill Parkway known and designated as Project No 029-023-153, Unit II, 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 COOK'S LANE From 235' north of John T White Road to 147` south of John T White Road, known and designated as Project No 029-023-153 Unit IIA 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 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 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 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 improvementa~are completed and accepted by the City on a particular unit the soma assessed against property abutting upon such completed and accepted units shall be and become payable in five (S) 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 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 (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 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 $s 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 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 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 PR®VIDBD however, that acting through its duly authorized Director of Public Work®, 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 i,; 't 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 soma 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 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 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~ssigna, the entire amount of the assessment shall be and became 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 1 erns 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 eny 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 certifieates 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 _~littin Pa~~inn~, f,~n ~nan~ 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 Austin Pavin_ 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 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 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 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 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 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 'c~ 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 /'!/ d~ltiyr ;~~, 191 APPROVED AS TO FORM AND LEGALITY -~'~ ~ .r ~ ~~- , .,~ ~~ ~; r ~` City Attorney _ i _n / 5 ^`~ pity of wort worth, ~~xa~ - DATE REFERENCE SUBJECT Award ®f Contra =t - John T Whit PAGE NUMBER Road Unit II Paving and Drain- 11~'25~'80 '~~C-5408 age Improvements i of 3 City CounciY. action is requested on Project Nos 013-02 3153-00(Engineer~:ng) and 029-023-153-00(Construction), as described below Roadway ROW Street. Limits Width-Feet Width-Feet John T White Road 200° W of Cooks Lane to 2-26' Lanes 120 Unit II Randol Mill Parkway Cooks Lane 235° N of John T White 2-36' Lanes 120 Unit xI-A Rcad uo 147' S of John T White Road Orig~.rx of Prr~.~; ect The 1976-78 Capital Improvement Program (CIP) Page B~1 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 acquisition of right-of-way for a double 36° roadway and the construction of one of the 36° roadways to arterial grade pavement Da.~e 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 Cooks Lane and the second being from 200' west of Cooks Lane to Rarsdol Mill Parkway On May 3 1977tH&CC-3774) a contras for engineering services was awarded to Cordon Swift,. Consulting Engineers., ,f or the design cif s°~b j est. segment of John T White Road Due to cantroversy 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 w1.t1~~ Gordon Swift Consulting Engineers Improvements John T White Road will be improved as a double 2b' wide arterial roadway Construction shall consist of 7" ~tl~ick concrete. pavement and 7" high concrete curb Included are left turn lanes az-~d cross-ovens at three future north-south streets and complete intersection improvements at Cooks Lane The intersection improvements consist of the construc°ti~.n of 7" concrete pavement and curb on double 36° roadway from 235' north of John T White Road to 147' south of John T White Road to include right and left turn lanes Storm drainage improvements will Consist of 3 498 liner feet of pipe and appurtenances and a box culvert Should future widening of the roadway occur the additional. l°an~s.would be added to the 26° lanes in this contract Receipt of Bids The groject was advertised for bids on October 9 and 16 1980 and the following bids were x'eceived on November 6 1980 with 180 working days allotted to complet s DATE REFERENCE SUBJECT Award of Contract - John T White PAGE NUMBER Road Unit lfi, Paving and Drainag 2 3 - ~ a d~5 9stn ~~C-S408 T,..,,.~.,.__,._,._~... of the pra~ect B idd e ~?° Amoun t Austin Paving Co $1 132 020 19 ~~ L Bertram Construction & Eng $1 169 460 52 L x Lacy Co $1 218 441 96 APAC-Texas lne. $1 268 168 73 Southwestern Contracting Co $1 384 007 50 Eisenhour Construction Co Inc $1 653 732 60 P je~ Cost and Financing Based on th.e low bid and standa:~d~policy approximately $323 457 67 is proposed to be assessed against the ad3acent properties Funding for the property owners' share of construction cost wily be provided for by a bond fund transfer from the 'Revolving Fund Unspecified" Cost to the City for street and form drain construction is approximately $865 163 53 including inspection engineering survey and administration Sufficient funds are available in Prr~ect A.~~:.~JUnt No 029-023-129-00 for the City°s construction costs A bond fund transfer from the "Engineering Unspecified Account in the amount of $9 000 is required to supplement the engin.ering funds in Project Account No U31-023-129-00 Recommendations It ~s recommended that 1 The following bond fund transfers be appro~,red F'r•om To Amount Reason 09f~-009-90I-00 094-023-153-00 $323 457 67 Tc provide funds for Re~~~lving Fund John T White Road property owners° share Unspecified Unit TI of construction cost O1?:-095-901-00 U13-023-153-00 9 000 00 To provide additional Engineering John T White Road funds for City's survey Unspecified Unit TI inspection and administr five cost 2 An ordinance be adopted A Declaring the necesv~ity for and ordering the improvements B Making p~eovisions 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 o $1 x.32 020 19 based on their low bids and E Making appropriat~c~n~ Lo cover tree indebtedness thereby incurred for improvements of the project named above and DATE REFERENCE SUBJECT Award of Contract - Jahn T Wh1t PAGE NUMBER Road Urilt TI Paving and Draina e ~.~' 25'80 **C-5408 Improvements 3 or 3 3 An ordina~~r~ ,be adopted A Approving the estimates of costs arbd amounts propcsed to be assessed and B Setting December 23 1980, as the date for the Benefit Hearing GG pig Attachment APPROV UNCIL CITY CO N~V 25 188 ~~ ~~ a~ ~~~ SUBMITTED FOR THE- CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmid~e~~~~8(~5 0~ U1 4J ~eY'1P~C,~ Qe{1e~7~5, DATE Saoptea vra ~o ~ ~;~~ett~ng December 23, 13130 as date foBer~ ~ Baring