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HomeMy WebLinkAboutOrdinance 9483.., ORDINANCE N0,_~! ~.~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION ~F CAMP BOWIE BOULEVARD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO AUSTIN ROAD 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 A$UTTING 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 1145b 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 COPXING 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: CAMP BOWIE BOULEVARD From 25 feet east of Belle Place to Hillcrest Street, known and designated as Project No. 30-025310-00. i 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 CAMP BOWIE BOULEVARD From ,25 feet east of Belle Place to Hillcrest Street, known and designated as Project No. 30-025310-00, Unit II, to be reconstructed with two and one/fourth-inch thick brick pavers with seven-inch high concrete curb and two foot wide concrete gutter on a six=inch thick reinforced concrete base, so that the finished roadway will basically consist of two twenty-six feet wide traffic lanes with a twenty-eight feet wide median with brick paver turn lanes and concrete median openings as specified. Existing deteri- orated concrete driveway approaches and curb and gutter-will be reconstructed where required. ,. The above, together with concrete curbs, gutters, driveways and incidental.a to such improvements, on proper grade and line where same are not already eo constructed, together with storm sewers and drains and other necessary incidentals and appurtenances.; a1I of said improvements to be constructed as and where shown on the Plana 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 nr 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 cost of the remainder of such improvements B The city of Fort Worth shall pay all of the remainder of the cost of asid 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 ouch 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 (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 asaeeaments against the pro- perty abutting upon the remai.nfng units shall be and become due and payable in ouch installments after the date of completion and acceptance of ouch 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 eight (8%) percent per annum, payable annually except as to interest on the first installment, which shall be due and payable on the date asid inetailmenr matures provided that any owner shall Piave the right to pay any and all of such installment at any timc 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 promptl3 Es the same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the asaesament 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 cane 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 asaeeament be made in any case until after notice of hearing ae provided by law. Said aaeessmenta 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 authorised 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 sumo in lesser installments and/or over a longer period of time in cases in which the Director of. Public Works has previouaty determined 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 Port Worth a lawful, valid and binding note and mechanic's and materialman's contract upon forma 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 shell 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 aasesament 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 ouch other recitals ae 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 thef.ixing of. the aasesament 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 acme matures, then, at the option of the City of. Fort Worth, or its assigns, the entire amount of the assessment shall be and became immediately due and payable, together with reasonable attorney's fees and coats of collection, if incurred, all of which, as well as the principal and interest on the asaesement, shall be a first and prior lien against the property, superior to all other i:.r.na 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 o:.her matter or thing, shall invalidate any aasesament 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 aasesament 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, ae amended, and the bid of Austin Road Company 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 Road Co ~nan~ at and for the prices stated in the Proposal of said company and ae 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 Texae 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. IR. 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 eo 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 ahali be liable ancf the assessments against the property shall be valid XI. The Director of Public Works of the City dr 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 Cfty 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 a• Article 1220a of Vernon'e Texae Civil Statutes RIII The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of name in the Minute Book of the City Council and by filing the complete ordinance in the appropriate Ordinance Records of this City. S T • R 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 ^^' i V ACCOUNT'NG 2 ./ V.ll `VW ®~ '~.W U lVl{~+IV ~/® ([/IV~~~I{/ ~„/®~~ IVW~ lV ~L/~IAY s ~~®~ TRANSPORTATION~pUBLIC WORKS-A N ° fER A.DMI ISpA~~iUrd •3 REFERENCE SUBJECT AWARD OF CONTRA - NUMBER BOULEVARD UNIT II IMPROVEMENTS F 9/10/85 C-9239 BELLE PLACE TO HILLCREST STREET RECOMMENDATION It is recommended that the City Council: 1. approve the following bond fund transfers: PAGE3 ~ o>: From To Amount Reason 94-009~36~-00 94-0210-00 $12~,~$~.04 To provide fiends for Special Assessments Camp Bowie Boulevard, the property owners Unspecified Unit II share of construction cost. 30-025259-00 30-025310-00 $773,407.45 To provide funds for Camp Bowie Boulevard Camp Bowie Boulevard, the City°s share of Montgomery to I-30 Unit II construction. 2. adopt an ordinance : Ado~~~d Oad~nance No. A. declaring the necessity for and ordering the improvements; 6. making provisions for levying assessments, C. directing the Transportation and Public Works Department to prepare estimates of costs and amounts to be assessed; D. awarding the contract to Austin Road Company in the amount of $898,288.49 based on their acceptable bid; E. making appropriations to cover the indebtedness thereby incurred for improvements of the project named above, and 3. adopt an ordinance: Adopted Qr~~n~PCe ~~o° ~~' A. approving the estimates of costs and amounts proposed to be assessed; and B. setting October 8, 1985, as the date for the benefit.. hearing. BACKGROUND s On May 22, 1982, the citizens of Fort Worth approved a proposed Capital Improvements Program for 1982-84 and on October 19, 1982 (M&C G-5417 Revised}, the City Council allotted funds for specific. projects. Included therein is the improvement of Camp Bowie Boulevard from Montgomery Street to I-30. Unit I, from Montgomery Street to Belle Place has been completed and accepted by the City. This segment, Unit II, will extend from Belle Place to Hillcrest Street. DATE REFERENCE SUBJECT AWARD OF CONTRACT - CAMP BOWIE PAGE NUMBER BOULEVARD UNIT II IMPROVEMENTS FR M 2 of3 9/10/85 C-9239 BELLE PLACE TO HILLCREST STREET u PROJECT DESCRIPTION Roadway R.O.W. Street Limits Width-Feet Width-Feet Camp Bowie From 25' East of 2-26' Lanes 100 Boulevard, Unit II Belle Place to w/28' median Hillcrest Street IMPROVEMENTS This segment of Camp Bowie Boulevard will be improved in the same manner as Unit I, by removing and salvaging the existing undamaged brick pavers, removing the concrete and asphalt surface, and repairing the existing concrete base as required and replacing the entire surface with brick pavers. In order to have sufficient bricks to cover the entire traffic lanes on Camp Bowie Boulevard, the existing brick surface will be removed from East Vickery Boulevard from Bessie Street to Stella Street and will be replaced with a new hot-mix asphaltic concrete surface. In addition to the above improvements, deteriorated concrete curb and gutter, driveway approaches, sidewalks and median openings on Camp Bowie Boulevard will be replaced. ~ ~ , `' RECEIPT OF BIDS The project was advertised for bids on July 18 and 25, 1985, and the following bid was received on August 8, 1985, with 108 working days allotted to complete the project. Bidder Amount Austin Road Company $898,288.49 Austin Road Company was the low bidder for Unit I, at which time only two bids were submitted. In comparing the~bi'ds on the two Units, it was noted that the bid for Unit II is an overall lower bid than their bid for Unit I; with one exception. The exception being the square foot cost to "Remove, Salvage and Relay Brick Pavers". The bid on Unit I was $4.64 per square foot whereas the bid for Unit II is $5.52 per square foot, which would increase the per front foot proposed assessment agai nst adjacent properties from $118.04 on Unit I to $140.43 for Unit II. In order to ensure that all adjacent properties be assessed in an equitable manner so as to produce a substantial equality of benefits received and burdens imposed, the staff recommends that the assessment for pavement on Unit II be set at $118.04 per front foot, the same as for Unit I for commercial and industrial zoned property. The rate for residentially zoned property is $12.52 per front foot. ~+., ~~' DATE REFERENCE SUBJECT AWARD OF CONTRACT -CAMP BOWIE PAGE 9/10/85 NUMBER C-9239 BOULEVARD UNIT II IMPROVEMENTS FR M 3 3 -----°(- -- BELLE PLACE TO HILLCREST STREET PROJECT COST AND FINANCING In accordance with the City's current standard assessment policy for reconstruction of streets and using the assessment rate for Unit I, the proposed assessment against adjacent properties is $124,881.04, which will be provided for by a bond fund transfer from Fund No. 94, Special Assessments Unspecified Project, 009905-00 the Index Code will be 604940. Cost to the City for construction is approximately $773,407.45, plus $44,914.42 (5%) engineering. A bond fund transfer is required for the City's construction cost. Sufficient funds are available in Fund No. 30, Engineering Project 095101-00 for engineering and administrative costs, the Index Code will be 660405. DAI:di ~~ ~ ' ` ~r r ~O~ L.~ ~ 1 CITY C®UNCtL SEP 10 ti9~5 City SeosetazY of the Citp of Fort ~A~~~~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROYED ORIGINATING Gary L Santerre ^ OTHER (DESCRIBE) ` DEPARTMENT HEAD CIT f SECRETARY FOR ADDITIONAL INFORMp,Td~~i l Schmidt Ext 7805 VV CONTACT DATE