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HomeMy WebLinkAboutOrdinance 8228ORDINANCE NO 8 ~ ~, g AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF ALTAMESA BOULEVARD SOUTN LANE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT To ~ L BERTRAM CONSTRUCTION & ENGINEERING INC AND FoR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING TTS 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 ALTAMESA BOULEVARD SOUTH LANE From 120' east of McCart Street to Landview Drive, known and designated as Project No 029-231'29, Unit III 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 ALTAMESA BOULEVARD SOUTH LANE From 120' east of McCart Street to Landview Drive, known and designated as Project No 029-23129 Unit III., a seven-inch thick re- inforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a thirty-three foot traffic 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 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 alt of the cost of. curbs and gutters in front of their property and .not exceeding nine-tenths (9/lOths) 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 there of 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 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 eompletion 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 (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 as the same matures, then at the o.p.tion of the City of Fort Worth or its assigns the entire amount of the assessment upon which sueh 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 enhaneed 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 speeial 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 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 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 Iien 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 asaesament 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 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 ens 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 ~_ L_ Bertram Constr~r_ion & FnainParin,~,.,~nr__ _ 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 ~_ I_ RPrtram l^nnctrnrt;nn R Fn9inParing~ Inr 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 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 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 asaeasmenta 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 Cfty 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 Clerk of Tarrant County Texas Act passed at the Fifth Called of Texas, and shown as Chapter said Act having been passed in Vernon's Texas Civil Statutes directed to prepare sign and file with the County a notice in accordance with the provisions of the Session of the Forty-first Legislature of the State 21 of the Acts of said Session of the Legislature the year 1930 and now known as Article 1220a of 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 APPRW ED THIS J ~ DAY OF A , 19~ APPROVED AS TO FORM AND LEGALITY City Attorney ~/ r ~ Mayor a ~ounc~l ~om.m.~,a.~a,~cat~on DATE REFERENCE SUBJECT Award Of Contract - Altamesa PAGE NUMBER Boulevard unit III. South Lane - ].2y'3~'80 ~~~C-546 Paving Improvements i of 3 City Council ac.tiori is reque.stecl on Project No 029--023-Y29 00 as descr}bed below Roadway R 0 W Street: Limit. s. Width-Feet. Width-Feet Altamesa Blvd 120 east of Mc.Cart 2nd of 2 Varies 47 5 lJnit 1.11. Street east to 33 Lanes to 54 5 South I.anej Landview Drive Or-igir~ of P o jec t The 'Regional Transportation Study and the City of Fart Worth Major Thoroughfare Flan pxovidEd fcr Altamesa Boulevard to be developed as the first major ea t west thorougi-~fare located south of and par°al.lel to South Loop 820 Altamesa Boulevard from Hulen Street. to McCart Street was c,onstruc.ted in 1973 and completioTt of that section west from Hulert Street to Cranbury Road has been provided for ire the 4Jedgwood X-II develolment The City and County jointly desig red a ~d cz~r;;tructed a :rural type oadway section that. would serve on an interim base until further development warranted extending 2,ltamesa Boulevard fwom M G«rt Sta-eet east as a fully designed thoroughfare Un De Ember 27 3.977 (M&C G-4038} the City Council authorized Community F'a ilities Contract No 9660 with R N Horton Inc for the development of Wovdmor~t Addition P1-,a e I whi h included the assessment paving of the north half of Altamesa Boulevard adjacent to this development in late 1979 Included ire. tt, contr`act was the constx•uc,tian of 20 of the south lane at McCart Street in ;, der to completely sigrialiae the inte;cse:ction As a result of continuing d velopir~enr on the south silo of 'this segment of Altamesa Boulevard a contract wo awarded on J*;,ly 27 1.980 ~M£~C C-51.71) for the onstr.uc.tion of the south la ~ bridge over the Edge..liff B anch of Sycamore Creek grading of the TESCO ~asen~ent and stxeet exc«vation from ju t east. of Mc.Gart Street east to Landview Dri just west of the Santa Fe Railroad Also. included was the installation of equi ed srorir~ d ainage facilities and appurtenances The contractor has pr.ogr•essed on the abo<re improvements to a point: wl.~~re a paving ontr:act is now tea i.b1e Rr• x ovements i"r,~:e paving contract will include the construction of major thoroughfare concrete pavement with concrete curb a rocs-cv~ and left-turn Lanes at Westcreek D.iue a cross over and a left.-tur.n larYe at Br°ookhaven Terrace and a left•-turn lane at L,a~r dview Drive Receipt of Bids The paving project was advertised fGx- bids on October 9 and 16 1980 and the following bids were received opt November 6 1980 with 20 working days allocated te; r.omplete the project ~.. DATE REFERENCE SUBJECT AWaC'd Of Garitract - AltameSa PAGE NUMBER Boulevard Unit III. South Lane - ~2/'3/80 G--545.6 ~,~,,;..,. ,.~..,,,,..,.._.._~_ 2 or 3 Bidder Amount .;7 L Bertram Constr & Engr Inc $300 763 54 L H Lacy Company 326 646 80 Southwestern Contrae.tirig Company 338 523 50 APAC-Texas Lnc 354 374 60 R T Montgomery Inc 359 923 60 Uvalde C'onstx:uction Gampany 383 329 55 Austin Road Company 400 22.s 80 Project G~v t acrd Financing :Based on the low bid and standard policyS approximately $1.28 286 35 is proposed to be assessed against. abutting properties which will be provided for by a bond fund transfer from the Kevolving Fund Unspecified Cost. to the City for pavement ~onstr.'uction is approximately $1'72 477 :li9 plus $18 045 81 f'or engineering Bond fund transfers are required from the Streets in New Additions Unspecified Account t r the City s construction costs and from the Engineering Unspecified Ac punt for the City s Engineering costs Recommendation It 'is recommended that 1 The following bond fund transfers be approved Fromhc Amount Reason 029-036-90 -00 u19 02.1-a0a-00 $1.28 500 00 Contribution r.o Revolving Street in New Revolving Fund Fund Unspecified Additions Urrsp Ur~tspecif ied 094.009 90:i.-00 094--023 129-00 $:Y28 286 35 To provide funds for the Revolving Rand Altarriesa Blvd property owner s share Unspecified Unir Y.II of costruction.c.•ost 029-036-901.-00 029-023-.1.29-00 $1.72 500 00 T'o provide funds for the Streets in Now Alta Mtsa Blvd City s share of r.onstruc- Additions Unsp Ur4it II:I Lion cost 029-G95-901.-00 029-023 1.29-00 $ 1.8 500 00 To provide funds for the Engineering Altdmesa Blvd City s survey inspec- Unspecified Unit III tion administration and testing cost 2 An ordinance be adopted a) Declaring the necessity for and ordering the improvements b~ Making provisions for levying assessments c) DirEa.ting the Public. Works Department tc prepare estimates of costs and amounts to be assessed d) Awax`ding the contract to J L Bertram Construction & Engineer- ing Inc in the amount of $300 763 54 based on their low bid DATE REFERENCE SUBJECT Award Of ~;OntraCt ALtameSa PAGE NUMBER BOllleVard l)nlt III SO~uth L,c1ne ~.2 3 80 ~`~'G- Pavin Im r ,SVcments of e~ Making app'rop iat'ion to over the indebtedness thereby incurred tar improverrllrr~ts of the pr oject named above and 3 An ordinance be adopted aj Appr:oving the e t'imates of costs and amounts proposed to be asse sed and by Setting December 3® X980 a the date for the Benefit Hearing GG cg ~1t. t.a c:tvment APPROVED BY CITY COUNCIL o~c ~ t t a.~J ~r~~-°-~,. Ci ecretary of the oxt Hozth Texq SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY• ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gar' ~'vu i'S; 0 d N ~ ~ ~ Declaring CITY SECRETARY FOR ADDITIONAL INFORMATION Necessity & 6r Bring Improvements, CONTACT ) _~ , r - _ ~;..y,~. ~~O DATE Setting- Dec 30; 1980 as date ro~ter- ~ener~t nearing