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HomeMy WebLinkAboutOrdinance 9201 'r~"; . , ORDINANCE NO,~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF 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 APPROPRIATIONa F`OR 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 descrfbed portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: CAMP~~BOWIE BOULEVARD From Montgomery Street to 25 feet East of Belle Place, known and designated as Project No.30-02525'9'00., Unit I ~-, 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 Montgomery Street to 25 feet East of Belle Place, known and designated as Project No.. 30-025259-00, 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 basic- ally 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 deteriorated concrete driveway approaches and curb. and gutter will be reconstructed where required. B ,. 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 Plana and Specifications therefor IV The coat 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 coat of curbs and gutters in front of their property and not exceeding nine-tenths (9/lOths) of r.he estimated cost of the remainder of such improvements B The City of Fort Worth shalt 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 ouch properties and a personal liability of the real and true owners there of and shall be payable to-wit When the improvemef~ts are completed and accepted by the City on a particular unit, the sums 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 snd 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 eight (8%) percent per annum, payable annually except as to interest on the first installment, which shall be due and payable on the date said inetallmenr matures provided that any owner shall leave the right to pay any and ell of such Installment at any time before maturity by paying principal with interest accrueu to the date of payment and further provided if default be made in the payment of anj installment promptl3 Es the same mat-urea, then at the option of the City of Fort Worth or eta 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 authorised Director of Public Works, the City of Fort Worth retaining the right to authorized payment of the sumo assessed against abutting property upon such completed and accepted unit in not more than forty-eight equal regutar monthly installments of not less than $9.00 each, the first of arch installments to become due snd payable not more than f A ~. g G 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 previously 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 Fort Worth a lawful, valid and binding note and mechanic's and materialman'e 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 aaaessment, 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 asseasmtnt, 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 .f.ixing 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 ao 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 ae the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other ii,rna and claims except State, County, School District, and City ad valorem taxes No error or mistake fn naming any owner or in describing any property or in any o;.her 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 aaaesament 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. Bfda 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 COMPANY , 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 . ~ .~ A '- ~. 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 auff.icient 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 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 shell be liable anti the assessments against the property shall be valid XI The Director of Public Works of the City or 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 Seeaion of the Forty-ffrst Legislature of the State of Texas, and shown as Chapter 21 of the Acta 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. r,. 1 ~~ , ~ `~ 7CIV r This ordinance shall take effect and be in full force and effect from and after the date of its passage PASSED AND APPROVED THIS APPROVED AS TO FORM AND LEGALITY: ity Attorney DAY OF , 19 I MA8P~R FILE T ~f~l~S~ ®~,/{®~~ ~~J~,N+~l~~ ~~~,/g~+ ~: // 1L 1i~ 1V Y 9 U~ ~l,Yi CITY MANAGER 1' ACC0UNTIN0~2 J V'JL 4~W (L7/ ® U ~ U 11~4.W ~1,J® U~tV~I{./~~ ~®~~ lW/~~ll/~lA{/~ I{i® 0 IL TRANSPORTATION PUBLIC WORKS DATE REFERENCE SUBJECT Award of Contract - Camp Bowie PAGE NUMBER Boulevard Improvements from 3 9/4/84 C-8575 Montgomery Street to Belle Plac i°t -- City Council action is requested on Project No. 30-025259-00, as described below: Roadway R.O.W . Street Limits Width-Feet Width Feet Camp Bowie Boulevard Montgomery Street 2 - 26' Lanes 100 Unit I to 25' East of W/28' Median Belle Place Origin of Project 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 for the 1982-83 program. Included therein is the improvement of Camp Bowie Boulevard from Montgomery Street to I-30. This project is the first phase of the overall improvement. Improvements This segment of Camp Bowie Boulevard will be improved by removing and salvaging the existing undamaged brick pavers, removing the concrete and asphalt surface, 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 I-35W (South Freeway) 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 19 and 26, 1984, and the following bids were received on August 9, 1984, with 166 working days allotted to complete the project. Due to funding restrictions, the proposal included a base bid and an alternate bid. The base bid limited the project from Montgomery Street to Belle Place, whereas the alternate bid extended the limits to Clover Lane and used all new brick pavers. Bidder Base Bid Alternate Bid Austin Road Company $'1,434,005.21 $1,927,466.06 Architectural Utilities, Inc. r 1,667,805.00 1,613,276.65 DATE REFERENCE SUBJECT Award of Contract - Camp Bowie PAGE NUMBER 9/4/84 C-8575 Boulevard Improvements from^, 2 or 3 Discussion of Proposed Improvements In order to maintain the historic character of Camp Bowie Boulevard, as requested by the Arlington Heights residents and the business community along the boulevard, improvements in this contract will result in a "like new" brick riding surface at a cost to the City and adjacent property owners of $1,434,005.21. To compare alternate improvements and the accompanying costs, the following information is furnished for information only: 1. Hot-Mix Asphaltic Concrete Brick Surface. This alternate would have provided for removal of the existing brick surface, accomplished all other improvements in the contract and constructed a new 3" thick hot-mix asphaltic concrete surface at a total estimated cost of $685,000.00. 2. Concrete Brick Surface. This alternate would have provided for the removal of the existing brick surface, accomplished all other improve- ments in the contract and constructed a new 3" concrete surface at a total estimated cost of $800,000.00. Project Cost and Financing In accordance with the City's current standard assessment policy for reconstruc- tion of streets and the low bid unit prices, the proposed assessment against adjacent properties is $375,916.42, which will be provided for by a bond fund transfer from the Special Assessment Unspecified Account, 94-009905-00. Cost to the City for construction is approximately $1,058,088.79, plus $71,700.26 (6~) engineering. Sufficient funds are available in the Project Account (30-025259-00) for the City's construction cost and in Engineering Account (30-095101-00) for engineering costs. Recommendations It is recommended that: 1. The following bond fund transfer be approved: From To Amount 94-009905-00 94-025259-00 $375,916.42 Revolving Fund Camp Bowie Unspecified Boulevard Unit I APPRnVE© BY CITY CUUNCIL SEP ~ 194 G:~tg S~cxetary of .he eYty of Fwdt Woaah, Teawa Reason To provide funds for the property owners share of construction cost. DATE REFERENCE SUBJECT Award of Contract -Camp Bowie PAGE 9/4/84 NUMBER C-8575 Boulevard Improvements from 3 3 f Montgomery Street to Belle Place ° 2. Adopt an ordinance: IY~ (~J~~r~rJ`"`~'.c- /u'' ~ ~~ G~ A. declaring the necessity for and ordering the improvements; B. 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 $1,434,005.21 based on their low base bid; E. making appropriations to cover the indebtedness thereby incurred for improvements of the prod ect na m ed above; / ~ ~,,,` ~` 3. Adopt an ordinance: ~~ ~'/~, ,f i~~~ OKJ .---/ ~~ QQ UU ~~- l~`~ A. approving the estimates of. co and amounts proposed to be assessed; s t s an d B. setting October 2, 1984, as the date for the benefit hearing. DAI : d~ Y APPROV UNCIL c~TY co . s~.p ~ ~~a4 r~~~ City Sectetazy of the C~:g of ~~ ~J~ T~c>f SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY: ^ APPROVED ORIGINATING DEPARTMENT HEAD: Gary L. Santerxe I.:I OTHER (DESCRIBE) Ado fled CITY SECRETARY FOR ADDITIONAL INFORM TI N CONTACT O~e~l Schmidt E'Xt 78 ~ Ado #ed OrdlnanCB No. - DAT . 0 E