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HomeMy WebLinkAboutOrdinance 5907 ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF WEST BERRY STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO TEXAS BITULITHIC COMPANY FOR THE MAKING AND CONSTRUC- TION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRI- ATIONS 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; DIR- ECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE ESTIMATES; DIRECT- ING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING 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 LEG- ISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMERGENCY EFFECTIVE MAY 12, 1967; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL 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 pre- pared 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 des- cribed portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: PROJECT NO. 104-23000-115 UNIT III-B. WEST BERRY STREET From the west line of Cockrell Avenue to the east line of University Drive. UNIT IV. WEST BERRY STREET From the west line of University Drive to the east line of Stadium Drive. UNIT V-A. STADIUM DRIVE From the north line of West Berry Street to the south line of Bellaire Drive North. UNIT V-B. WEST BERRY STREET EXTENSION From the north line of West Berry Street to the west line of Westcliff Road West. 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: 1. WEST BERRY STREET From the west line of Cockrell Avenue to the east line of Uni- versity Drive, known and desig- nated as Unit III-B, Project No. 104-23000-115, a 6�-inch Rein- forced Concrete Base with a 1�- inch Hot-Mix Aspahltic Concrete Surface and a 2-inch Birder Base Course to widen existing roadway 6-feet each side. 2. WEST BERRY STREET From the west line of University Drive to the east line of Stadium Drive, known and designated as Unit IV, Project No. 104-23000-115, a 7-inch Reinforced Concrete Pave- ment on a 66-foot roadway, and with 5-inch thick concrete sidewalk where specified. 3. STADIUM DRIVE From the north line of West Berry Street to the south line of Bellaire Drive North, known and designated as Unit V-A, Project No. 104-23000-115, a 7-inch Reinforced Concrete Pavement on a 44-foot roadway, and with 5-inch thick concrete sidewalk where spec- ified. 4. WEST BERRY STREET EXTENSION From the north line of West Berry Street to the west line of West- cliff Road West, known and desig- nated as Unit V-B, Project No. 104-23000-115, a 7-inch Reinforced Concrete Pavement on a 48-foot roadway, and with 5-inch thick concrete sidewalk where speci- fied. The above, together with concrete curbs, gutters, sidewalks and incidentals to such improvements, on proper grade and line where same are not already so con- structed, 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 ninetenths (9,10ths) 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 thereof 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 unit 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 property 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 she date of such completion and acceptance of the improvements on the unit upon which the particular property abuts at the rate of six (6%) per cent 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 provide6 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 immediately due and payable; but it is specifically provided that no assess- ment 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 assess- ments 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 City of Fort Worth, PROVIDED, however, that acting through its duly author- ized Director of Public Works, the City of Fort Worth retaining the right to authorized payment of the sums assessed against abutting property upon such com- pleted and accepted unit in not more than forty-eight equal regular monthly install- ments of not less than $4.00 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 deter- mined 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 to pavement 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 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 substan- tially 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 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 invalidate any assessment levied. The certificates referred '_-o need not contain recitals in exactly the words t.bove provided for, but the substance there- of shall suffice, and they may contain other and additional recitals pertinent thereto. VI. Bids having been advertised for as required by Article 1105b of the revised Civil Statutes of Texas, as amended:and the bid of TEXAS BITULITHIC COMPANY, having been found to be the lowest and best bid for the making and construction of said improvements, the contract therefore is hereby awarded to TEXAS BITULITHIC COMPANY, at and for the prices stated in the Proposal of said company and as re- ported and recommended by the Public Works Department, which said report and recom- mendation is on file with the City, the City Manager, and City Secretary are here- by 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 Celled Session of the Fortieth Legislature of the State of Texas, now shown 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 suf- ficient 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 nec- essary 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 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 Acts of said Session of the Legislature, said Act having been passed in the year 1930, and now shown 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 OFr r , 19 Ld . _ r APPROVED AS TO FORM AND LEGALITY: City Attorney 4 City of Fort Worth, Eexas MCMaHM IJ1 ay or and Council Communication UNE DATE REFERENCE SUBJECT: PAGE MORPH 1/22/68 NUMBER Award of Contract - West Berry 2 C-1145 Street Extension (CIP A-115) 1 o GRAHAM - -Council action on the project described below is requested. Project Description --Nature of work: The widening and paving of West Berry Street is proposed from Westcliff Road West to Cockrell Avenue, a total length of 6,300 feet. The roadway on Units IV, V-A & V-B will consist of a seven-inch reinforced concrete pavement with Unit III=B being constructed of a six and one-half- inch reinforced concrete base with a one and one-half-inch hot mix asphaltic concrete surface, on a two-inch binder base course. This project was included in the 1967 Capital Improvement Program (CIP A-115). ROADWAY UNIT SS MEET LIMITS WIDTH R.O.W. III-B West Berry Street University Drive to double Cockrell Avenue 33 feet 101 Ft. IV West Berry Street Stadium Drive to double University Drive 33 feet 100 Ft. V-A Stadium Drive West Berry Street to Bellaire Drive North 44 feet 65 Ft. V-B West Berry Exten- sion Westcliff Road double 173 to West to West Berry 24 feet 184 Ft. Street Submission of Bids BIDDER AMOUNT BID WORKING DAYS Texas Bitulith# Company $452,092.65 220 Austin Road, Worth Con- ���-c►O�o y�� struction and C. Cohen, Inc. $481,930.35 220 J. L, Bertram Construction and Engineering, Inc. $499,283.49 220 Schedule of Construction The normal procedure for assessment paving is to hold a Neighborhood meeting, conduct a post card survey, and hold the benefit hearing before issuing a work order. It is proposed, however, that the work order for the storm drainage improvements be issued upon the award of the contract in order to expedite completion of the project before activities begin at T.C.U. in the fall of 1968. A Neighborhood meeting will be held and post card survey made before the benefit hearing, which is suggested to be held on February 19, 1968. DATE REFERENCE SUBJECT: PAGE NUMBER Award of Contract - West Berry 2 2 1/22/68 C-1145 Street Extension (CIP A-115) - Of Prosect Cost and Financing Based on the low bid, approximately $62,384 will be assessed against abutting property owners, and the cost to the City-at-Large will be approx- imately $435,000, including engineering and miscellaneous costs. The pro- perty owners' portion of the cost can be financed by transfer from the "Revolving Fund" to the project account. Approximately $223,000 are available from prior sales, but a bond fund transfer from "Future Sales" of $215,000 will be necessary to complete financing the City's portion of the cost. Assessments will be in accordance with standard City policies. Recommendations It is recommended that: 1) The following bond fund transfer be approved: AMOUNT FROM TO PURPOSE $62,384.03 Revolving Fund 042-10423-901 042-10423-115 Property owners' portion of construction $215,000.00 Future Sales 104-23000-115 City's portion of construction A bond sale of $380,000, of which the $215,000 is a part, for West Berry Street improvements is included in the 1968 edition of the Capital Improve- me�t Program to finance this contract and right-of-way acquisitions. I 2) That an ordinance Be adopted: a) Declaring the necessity for and ordering the improvements; b) Making provisions for levying of assessments; c) Ordering the Public Works Department to prepare estimates of costs and amounts proposed to be assessed; d) Awarding the contract to Texas Bitulithic Company on its low bid of $452,092.65; e) Making appropriations to cover the indebtedness thereby incurred for improvements to the project named above. 3) That an ordinance be adopted: a) Approving the estimates of cost and tot N 's d to be assessed; ► R� b) Setting February 19, 1968, as the date o b% hearing. 911 FIDoM:fk Attached: "A" - Map of Project and "B" - Distribution of Co SUBMITTED BY: DISPOSITION COUNCIL: PROCESSED BY PPROVED �j 0 OTHER (DESCRIBE) CITY SECRETARY �lX�-�C•� � �y4 �Lt�� �c,7'�" �� DATE CITY MANAGER r- t 3 �.{ ✓_..f VJESTCLIrF ROAD W. BELLAIRC B'LOICK'15 \ /�Da•.' ADDITION BELLAIRE DRIVC WEST J \ BLiiCK IN I 1 rr o4 ri � I' ^� r _E DRIVE.. � C r 03 e J VON ROAD ,. rn o _ -4 - Z x-- w - -g- z {iyl `,1 -Z Vr � -- v n_ t BLUEBONNET FALLS 17 ir--��`T yr m'ADDIT,IOINI J'KENSINGTOI i I IADDI1fION RU '..L�CK I � I t rr BLOCK.3 y BLOCK = f• ^ 1 L G O II r 1 _J L _ m SE II 1 ODES£AEma- O O9fS1 BL�C✓I� yBLCK 8 z Q� V�`- I�J i ��T i WA SASH Ll AVEpUf TT- BLOC 2.� BLOCKY RCIERSAVEtiUL% T + BLOCK 9 1 , 1 BLUI-K 10 ,. 17 Attachment "B" ;,TEST BERRY STREET' Page 1 of 1 PROJECT No. 104-23000-115 PER CENT CONTRACTPRICE.......................................................................................... ....... ........i 452 092.65 ENGINEERING .............................................................................................................. 45,209.26 ESTIMATED CONSTRUCTION COST............. .................................................................... ............i 497,301.91 100.0 RESIDENTIAL FOOTAGE............................. . 1,669.170 21.4 COMMERCIAL FOOTAGE.............................. 6,120.22 78.6 TOTAL FOOTAGE._..... ................ .. ...... .... 7 100.0 RESIDENTIAL ASSESSMENT..................... ...............................i 8,119-54 1.6 COMMERCIAL ASSESSMENT........................................... ...... 54,264.49 117.9 GROSS AMOUNT ASSESSED.... .... ............. .................... ....................... ........... . .i 62,384-03 12.5 TOTAL NET ASSESSMENT.......... ... . ..............._..................... .................. ... .. ....... ... ............ ....._ . . 62,384.03 12.5 NET AMOUNT PAID BY CITY AT LARGE....................... $434,917.88 87.5 SIGNED RESULT OF POSTCARD SURVEY ORIGINAL FOR • AGAINST NO OBJECTION TOTAL PETITION PAVING PAVING SUBMITTED NO.,OF FRONT FEET 7,664.22 POST CARD SURVEY TO BE PER CENT 100.0 TAKEN AT LATER DATE. PARCELS OF PROPERTY 23 PER CENT 100.0 E� NO. OF PROPERTY OWNERS 17 PER CENT 100.0 x a OWNERS LIVING ON STREET 12 PER CENT 100.0 a Q OWNERS LIVING ELSEWHERE 5 H PER CENT 100.0 U ©stat c . 125 feet City owned property not included.