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HomeMy WebLinkAboutOrdinance 8039:,~ ~: ORDINANCE NO ~ ~ 3 9 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF TRINITY BOULEVARD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON- TRACT TO H. B ZAGHRY 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 TN 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 UNIT 1 TRINITY BOULEVARD From '750' west of IH-360 to the west line of American Boulevard, known and designated as Project No 021-36550-00, Unit 1 UNIT 2 AMERICAN BOULEVARD From Trinity Boulevard to FAA Road, known and designated as Project No 021-36550-00, Unit 2 UNIT,-Q,A AMERICAN BOULEVARD From FAA Road to 800' north, known and designated as Project No 021-36b50-00, Unit 2A :~ ~ ,~. 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 UNIT 1 TRINITY BOULEVARD From 750' west of IN-360 to the west line of~_ ..~~ American Boulevard, known and designated as~x _.a,,_ Project No 021-36550-00, Unit 1, a seven-inch ~~' thick reinforced concrete pavement on a six- inch thick lime stabilized subgrade with seven- inch high superimposed concrete curb on two thirty-six foot traffic lanes UNIT ~, AMERICAN BOULEVARD From Trinity Boulevard to FAA Road, known and designated as Project No 021-36550-00, Unit 2, a seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high con- crete curb and eighteen-inch wide concrete gutter on a forty-eight foot roadway UNIT 2A AMERICAN BOULEVARD From FAA Road to 800' north, known and designated as Project No 021-36550-00, Unit 2A, a six-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a twenty-six 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 coat of said improvements as herein defined shalt 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 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 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 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 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 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 sums assessed against abutting property upon such completed and accepted unit in not more than forty-eight equal regular monthly installments of not leas 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 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 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 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 sll 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~.wns 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 N_ R_. 7arhr~ ~nm~g 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 H. ,B. ZaChry 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 eontract 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 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 !~ tom''" ~ / `~ Czt~ of l~o~-t ~or°th, ~l-'exas ~€ILE WIC8tlN ,,//~~ ~) // ~p ~y~j ,/1 rn n ,(! kIERCHERT. 1 V'JL Y.A~ (y/ o U ~ 1/ ~~ ~®~~lL/~~ ~®~~ U~1V~~IL.i~t~®~ BAILIFF SMITH JONES f316ARUl DATE REFERENCE SUBJECT Award of Contract - Trinity PAGE NUMBER Boulevard and American Boulevard Improve ~/~9/Ril **C-4956 ments at American Airlines Addition ]of 3. City Council action is required on Project No 021-36550-00 as described below Roadway R 0 W Unit Street Limits Width-Feet Width-Feet I Trinity Boulevard 750' W of 2-36' Lanes 140' to 260' SH-360 to 28'-155' Median American Blvd II American Boulevard Trinity Blvd 48' to 60' b8' to 82' toFAA Rd II-A American Boulevard F A A Rd to West 26' Lane 82' to 108' 800' North of 2-26' Lanes Origin of Project By letter dated October 3 1978 the Dallas/Fort Worth Regional Airport Board with the concurrence of the respective cities has made certain proposals to American Airlines with respect to the acquisition development construction and financing of certain extensions and improvements to D/FW (City Secretary Contract No 10190) A memorandum of understanding in regards to the above referenced proposal, executed by the City Manager and the Executive Director of the Dallas/Fort Worth Regional Airport Board states that the City of Fort Worth shall use its best efforts to cause the following roadway improvements 1 Trinity Boulevard (Pipeline Road) from IH-360 west to include the entrance to the American Airlines Headquarters as a double 36-foot wide divided roadway (under construction - M&C C-4594 4/3/79) 2 Trinity Boulevard (Pipeline Road) from the above west to American Boulevard as a double 36-foot wide divided roadway; 3 American Boulevard from Trinity Boulevard north to F A A Road as four lane roadway 48-feet wide and 4 American Boulevard from F A A Road north to a point south of IH-183 where the jurisdiction of Fort Worth ends the west half of a double 26-foot wide divided roadway (The east half was constructed in 1973 ) In addition to the above M&CC-4955 authorizes a Comm. Faci Contract between the City and the Airport Board for the development of American Airlines Addi- tion The contract designates the streets in this contract as border streets to the development to be improved on an assessment paving basis Improvements Trinity Boulevard will be improved with 7-inch concrete pavement with concrete curb as a double 36-foot wide divided roadway and retaining the natural land- scape through a portion of the wide median American Boulevard will be \• +~~. ~~ r -- DATE SUBJECT Award of Con-ract - Trinity Boulevard and American Boulevard Improv - 2 3 1/29/8) **r ~a5ti ments at American Airlines Addition I --ot. improved with 7-inch hot-mix asphaltic concrete pavement with concrete curb and gutter as a 48-foot wide undivided roadway with 12-foot wide turn-lanes at Trinity Boulevard, the entrance to the proposed American Airlines Headquarters and F A A Road The west lane of American Boulevard north of F A A Road will be improved with 6-inch concrete pavement and curb to match the existing east lane as a double 26-foot wide divided roadway with a left turn lane at F A A Road Also included in the contract is the required drainage facilities and appurtenances Receipt of Bids The project was advertised for bids on November 30 and December 7 1979 and the following bids were received on December 20 1979 with 220 working days allocated Bidder Amount H B Zachry Company $1 090 047 00 Austin Road Company 1 227 419 23 Brown & Blakney, Inc 1 420 320 30 J L Bertram Construction & 1 589 226 20 Engineering Inc Prod ect Cost and Financing Based on the low bid and standard policy, approximately $637 221 87 is proposed to be assessed against abutting properties of which $393 195 50 is against D/FW Airport properties and $244 026 37 against non-developer property The Airport Board has an existing balance of $327 537 available from the $415 000 credit provided in their agreement with the City which will be applied against their total assessment leaving a balance of $65 838 50, which along with the non- developer assessments will be provided for by bond fund transfer from the Revolving Fund Unspecified Total cost to the City is approximately $390 823 14 for street construction and $138 304 99 for storm drainage including engineering Bond fund transfers are required in the amount of $453 000 for the City's construction cost and $75,553 for the City's engineering costs Funds in the "Streets in New Additions Unspecified Account" have been depleted with the exception of approximately $50 311 Consequently, funding for the City's construction cost will have to be provided from another source East First Street from Riverside Drive to Beach Street (1977 Edition of the 1976-78 CIP, Page 15) which has been delayed pending construction of the downtown to I-35W and I-35W to Riverside segments, has $460,000 of 1975 bonds in the project account for right-of-way purchase An engineering contract has not been awarded for the design of the street Since it will be at least a year before the plans are complete and purchase of right-of-way begins, it is proposed to transfer the $453,000 required for this project from the East First Street account to be replaced from future bond sale funds Sufficient funds are available in the "Engineering Unspecified Account" to provide for the required engineering funds Funds for construction of this project were approved and transferred pursuant to M&C C-4955 dated January 29, 1980 REFERENCE NUMBER PAGE :~' DATE REFERENCE SUBJECT Award of Contract - Trinity NUMBER Boulevard and American Boulevard Impr 1/29/80 **C-4956 ments at American Airlines Addition Recommendations PAGE -~ of ~_ It is recommended that 1 The remaining balance of $327,537 from the D/FW Board Credit Account be transferred to Project Account No 021-036-550-00 (Trinity & American Boulevard Improvements) as a contribution for the developers construction 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 H B Zachary Company in the amount of $1 090,047 based on their low bid and E Making appropriations to cover the indebtedness thereby incurred for improvements of the project named above and 3 An ordinance be adopted A Approving the estimates of costs and amounts proposed to be assessed and B Setting February 26 1980 as the date for the Benefit Hearing VS plg SUBMITTED FOR THE DISPOSITIO BY COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY APPROVED ORIGINATING ^ OTHER (DESCRIBE) ~ ~/} DEPARTMENT HEAD: Keith A Smith Adopted Ord. NO $ 0 3 ~'j Declaring CITY SECRETARY FOR ADDITIONAL INFORMATION Necessity & Ordering Improvements ~yy/~o CONTACT John Jones, EXt 7901 dopted Ord No ,q o ~ b DATE e Zng a ruary as Date for Benefit Hearing