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HomeMy WebLinkAboutOrdinance 9924ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF SYCAMORE SCHOOL RD. (UNIT~I & II), AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO AUSTIN PAVING COMPANY FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMETPI'S; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS TEiEREOF FOR A PART OF THE COSTS OF SUCH IMPROVEMENTS; DIRECTING 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 IMPROVEMII~PTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 11O5b OF VERNON'S TEXAS CIVIL STATUTES; 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 Director of Transportation and Public Works for the City of Fort Worth, Texas (hereinafter referred to as the "Director"), has proposed the improvement of Sycamore School Road (Units I & II) , which is hereby designated Project No. 67-023192-00 (said improvements being hereinafter referred to as the "Project"); WE~REAS, the Project shall entail the improvement of the street, avenue, alley, highway, boulevard, drive, public place, square or any portions thereof (hereinafter referred to singly and collectively as the "highway"), and shall be accomplished by filling, grading, raising, paving, repaving, repairing, constructing, reconstructing, realigning, widening, narrowing or straightening said highway, or the curbs, gutter or sidewalks and any appurtenances or incidentals thereto, including drains or culverts; WIlEREAS, the City Engineer of the City of Fort Worth has prepared an estimate of the costs of the Project; WHEREAS, the City of Fort Worth has advertised and received bids, in accordance with TEX. REV. CIV. SPAT. ANN., Articles 11O5b and 2368a, and other applicable laws, such that a contract may be awarded for the construction of the Project; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: -1- I. 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: SYCAMORE SCHOOL ROAD (UNIT I) - FROM~CROV~EY ROAD WESTWARD 'I'0 THE CEN- TERLINE OF THE ATCHESON TOPEKA & SANTA FE RAILROAD RIGHT-OF-WAY; and SYCAMORE SCHOOL ROAD (UNIT II) - FROM 100 FEET EAST OF McCART AVENUE EASTWARD TO THE CEN- TERLINE OF THE ATCHESON TOPEKA & SANTA FE RAILROAD RIGHT-OF-WAY. and it is hereby ordered that the Project be carried out and constructed according to the Plans and Specifications, and any amendments thereto, for Project No. 67-023192-00 , said Plans and Specifications being hereby specifically approved and adopted. II. The estimated cost of the Project based on the estimate of the City Engineer is $ 1,736,373.45 The estimated cost of the Project shall be paid partly by the City of Fort Worth and partly by assessments to the property abutting the Project and the owners thereof. The assessments to the property abutting the Project and the owners thereof shall be levied in accordance with the requirements of TEX. REV. CIV. STAT. ANL~., Article 1105b (hereinafter referred to as "Article 1105b"), and the City Charter of Fort Worth, Texas, and shall not be more than all the costs of constructing, reconstructing, repairing, and realigning curbs, gutters and sidewalks and nine-tenths (9/10ths) of the cost of the remaining improvements comprising the Project. In any event, said assessments shall not exceed the special benefits to the abutting property and its owners, as enhanced by the Project. The City of Fort Worth shall pay the balance of the cost of the Project not assessed against the property abutting the Project and the owners thereof. The amounts assessed against the abutting properties and the oHmers thereof shall constitute a first and prior lien upon such properties and a personal liability of the owners thereof and shall be .payable upon the acceptance by the City of Fort Worth of the Project after its completion. Said assessments shall be due and payable on or before 30 days after the acceptance by the City of Fort Worth of the Project, except that, if the abutting owner so elects, by complying with the terms hereinafter set forth, said assessments may be paid in installments. Said assessments may be paid in five (5) equal, consecutive annual installments, the first installment to be due and payable no later than thirty (30) days after the acceptance by the City of Fort Worth of the Project, and each subsequent installment to be due and payable on an annual basis on each consecutive anniversary date of the acceptance of the Project; in the alternative, said assessments may be paid in forty-nine (49) equal consecutive monthly installments, the first installment to be due and payable no later than thirty (30) days after the acceptance by the City of Fort Worth of the Project. Any owner electing to pay the assessment in installments, as provided for herein, as a condition precedent to such election, must execute a promissory note and mechanic's and materialmen's lien contract evidencing the owner's intent to pay the assessment in accordance with the terms of one of the alternatives hereinabove set forth. In any case in which the owner elects to pay the assessment in installments under either of the alternatives specified, the assessment shall bear interest from the date of acceptance of the Project at the rate of eight percent (8~) per annum. Should any installment not be paid on its due date, the City of Fort Worth shall have the option to accelerate the entire unpaid balance of the assessment and declare the same to be immediately due and payable; this and other terms governing any default in the payment of any installment shall be set forth in the mechanic's and materialman's lien contract and shall be uniform among all owners executing the contract. -2- ~ r. s .. i. In addition, the City Attorney shall have the authority to authorize terms of payment different than those specified herein when the Director has previously determined that an extreme financial hardship exists. III. Bids having been requested by appropriate advertisement, as required by Articles 1105b and 2368a and the lowest bid of Austin Paving Company , having been found to be the lowest and best bid for the making and construction of said Project, the contract therfor is hereby awarded to Austin Paving Company , at and for the amount of $ 1,653,689.00. To provide for the payment of said contract and the indebtedness incurred thereby, there is hereby appropriated out of available funds and current revenues of the City, an amount sufficient to pay the indebtedness so incurred. Notice shall be given and a hearing shall be held prior to making or levying any assessment against any property abutting the Project or its owners, as required by Article 1105b, Section 9. The notice of the hearing required under said statute shall be published in a newspaper of the City of Fort Worth at least three (3) times, the first publication to be made at least twenty-one (21) days before the hearing date. Written notice shall be personally given to all persons or entities claiming or owning an interest in the property abutting the Project and shall be mailed at least fourteen (14) days before the hearing in the manner specified by Article 1105b, Section 9. Said hearing shall be held before the City Council of Fort Worth, Texas, on the 1st day of September, 1987, at 10:00 A.M. IV. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessments made and levied and all proceedings taken and had in accordance with and under the terms of Article 1105b and the Charter of the City of Fort Worth, Texas. V. The City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice of the authorization and approval of the Project and the pendency of the assessment proceedings authorized hereunder. VI. The City Secretary is hereby directed 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. -3- ~~ t 4 ,. ~ _ l VII. This ordinance shall take effect and be in full force and effect from and after the date of its passage. PASSED AND APPROVED THIS 2 DAY OF , 19~. APPROVED AS Zl~ FORM AND I~7GALITY: City Attorney -4- "~ City of Fort V6~orth texas Accourvrcf~:a ~ ~ SR/ld;3~R7;AT1C~l~PUf4LlC V,~y®~ ~~~ Co~~,~c~lC ~®~~~~a~~~~®~, ~'1B.T.ER AD Mffdf57RATitift d DATE REFERENCE SUBJEC,~+WARD OF ONTRA 0 N VING PACE NUMBER OF SYCAMORE SCHOOL ROAD (UNITS 1 A 0 2) 4 8-4-87 C-1045 5 FROM McCART AVENUE TO CROWLEY ROAD 1°r RECOMMENDATION ' It is recommended that the City Council. 1, approve the following bond fund transfer• FROM TO AMOUNT REASON 94-009905-00 94-023192-00 $598,416.79 To provide funds for Special Assessments Sycamore,School Road the property owners Unspecified from McCart Avenue share of the construc- to Crowley Road tion cost. 2. authorize the City Manager to execute a contract with Austin Paving Co: in the amount of $1,653,689.00 for Sycamore School Road (Units I and II) based on their low bid, 3. authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property; 4. approve the estimate of cost and amounts to be assessed as stated in the Engineer's Estimate, 5. establish September 1, 1987, as the date of the benefit hearing; 6 authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Texas Civil Statutes; and 7. adopt an ordinance reflecting the City Council's authorization and approval of Items 2 through 6 above, and other applicable requirements of Article 1105b, Vernon's Annotated Texas Statutes. Rnrkr_aniiNn The 1986-88 Capital Improvement Program approved by the voters in March 1986, incl uded funds for the improvement of Sycamore School Road from Crowley Road to McCart Avenue. Since 1979, there have been five Community Facilities Agreements which involve segments of Sycamore School Road. Land- improvements along the street and adjacent neighborhoods are generating substantial traffic on the existing narrow and deteriorated roadway pavement. Sycamore School Road is being constructed from Mc Cart to Crowley Road to link with recently constructed sections west of McCart and east of Crowley Road. The improvement of the Crowley Road - Sycamore School Road intersection is not part of this project but will be improved as part of the State Department of Highways and Public Transportation's overall improvement project on Crowley Road now under design. DATE REFERENCE suB~Ea~WARD OF CONTRACT FOR ASSESSMENT PA ING PACE NUMBER OF SYCAMORE SCHOOL ROAD (UNITS 1 AND 2 2 4 8-4-87 C-10455 FROM McCART AVENUE_TO CROWLEY ROAD °f- This project is located in Council District'"No. 6. ., PROJECT DESCRIPTION ' STREET ' Sycamore School Road IMPROVEMENTS LIMITS McCart Avenue to Crow1 ey Road WIDTH-FEET Double 36 t ~ 1 ~, R.O.W. WIDTH-FEET 120 Sycamore Schoo] Road (Units I and II) will be constructed with a seven-inch thick reinforced concrete pavement with seven-inch high superimposed concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be a double thirty-six foot wide roadway with a twenty-eight foot wide median on a one hundred twenty-foot wide right-of-way. Median openings, and six-inch thick reinforced concrete driveway approaches will be constructed where specified on the plans, RECEIPT OF BIDS Bids ,for this project were received on June 11, 1987, after being advertised on .May 14 and Z1, 1987, with 210 working days allotted to complete the project. The bids are tabulated as follows BIDDER AMOUNT s Austin Paving Co. $1,653,689:.00 ,S.R.O. Asphalt, Inc. 1,682,367.75 APAC-Texas, Inc, 1,707,119.00 L.D. Connecter Contractors 1,717,379.50 L.H. Lacy Co. 1,745,415.50 J.L. Bertram Const. & Engrs. Co. 1,749,115.54 Ed Bell Construction Co. 1,882,263.05 The low bidder has complied with the City of Fort Worth Minority Business Enterprise Policy for this bid. ENGINEERS ESTIMATE OF COST Based on standard City policy and the low bid prices, the following assessment rates have been established• , f t 1 `~ ~„ r ~~'~ r DATE REFERENCE suB~EaAWARD OF CONTRACT FOR ASSESSMENT PA NUMBER OF SYCAMORE SCHOOL ROAD (UNITS 1 AND 2 8-4-87 C-10455 FROM McCART AVENUE TO CROWLEY ROAD SYCAMORE SCHOOL ROAD, UNIT I RESIDENTIAL Seven inch thick concrete pavement $20.54/L.F. Seven inch high concrete curb $ 1.79/L,F. Street Tights $ 4.92/L.F. Six inch thick concrete drive approach $ 3.12/S,F. CnMMFRCT41 Seven inch thick concrete pavement $49.23/L.F. Seven inch high concrete curb $ 2.71/L,F. Street lights $ 4 92/L,F. Drainage $13.04/L,F. Six inch thick concrete drive approach $ 3.12JS.F. SYCAMORE SCHOOL ROAD, UNIT II COMMERCIAL ~ '' _ ~° t i Seven inch thick concrete paving $49.23/L.F. Seven inch high concrete curb $ 2.71/L.F. F Street lights $ 4.92/L.F. Drainage $48.26/L.F. Six inch thick concrete drive approach $ 3.12/S.F. The cost of the project is therefore distributed as follows Sycamore School Road, Units I and II Total Cost to Property Owners $812,310.77 (47%) Total Cost to City of Fort Worth X924,062 68 (53%) FINANCING PAGE 3 4 _ of The total cost to property owners is $812,310.77, of which $213,893.98 will be prepaid. The balance of $598,416.79 will be provided by a bond fund transfer from Special Assessments Fund 94, Unspecified, Project Account No 009905-00, where sufficient funds are available, to Project Account No. 94-023192-00, Sycamore School Road, Crowley to McCart. The City's share of the cost is $924,062.68 for construction, which includes $82,684.45 (5% of bid price) for engineering inspection and administration. Sufficient funds are available in Street Improvements Fund 67, Project Account ~ j, ~. oATE REFERENCE suB~~kWARD OF CONTRACT FOR ASSESSMENT PAV ING PAGE NUMBER OF SYCAMORE SCHOOL ROAD (UNITS 1 AND 2) 4 4 8-4-87 C-10455 FROM Mc CART AVENUE TO CROWLEY ROAD ~F __ No. 023192-00, Sycamore Scho ol Road, Crowley to McCart, to finance the City's portion of the construction cost. This expenditure will be made from Index Code 680405. Inspection and administration costs will be paid from Account No. 67-095103-00, Engineering Salaries, where sufficient funds are available. The Index Codes for inspection labor (630046) and administration labor (630004} will be used. DAI.dz APPROVED BY CITY COUNCIL auc ~ ~~~~ Citp $ecxetary of tha Citg of F'or~ Y+-ar.i4, is SUBMITTED FOR THE ~ CITY MANAGER'S / ~ ~ DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY / ~~" ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD Gary Santerre CITY SECRETARY FOR ADDITIONAL INF CONTACT ORMATION E Drolet 7805 Adopted Ordinance 1'io^ . DATE