HomeMy WebLinkAboutOrdinance 10305Q~•
ORDINANCE NO. t~~ ®~
AN ORDINANCE DETERMINING THE NECESSITY F'OR AND ORDERING AND
PROVIDING FOR THE IMPI~VEMENT OF ROSE HILL DRIVE FROM EAST
LANCASTER STREET TO APPROXIMATELY ON
ET FORTH; APPROVING PROJECT PLANS AND
SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING
CONTRACT Tl~ JAMES W. JACKSON, INC., FOR THE MAKING AND
CONSTRUCTION OF SUCH IMPROVEMENTS; MAKING APPROPRIATIONS FOR THE
PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING
PROVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES
AND THE OWNERS THEREOF FOR A PART OF THE COSTS OF SUCH
IMPROVEMENTS; DIRECTING THE CITY SECRETARY 'Ili 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 ~ SAID STREET IMP~VEMENTS ARE AND SHALL BE
IN ACCORDANCE WITH ARTICLE 1105b 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 P~VIDING 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 ROSE HILL DRIVE, FROM EAST LANCASTER STREET TO APPROXIMATELY ONE
HUNDRED AND SIXTY FEET NORTH, which is hereby designated Project No.
90-136036-00, (said improvements being hereinafter referred to as the "Project");
WHEREAS, 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;
6VF~REAS, the City Engineer of the City of Fort Worth has prepared an estimate of
the costs of the Project;
6VI-~REAS, the City of Fort Worth has advertised and received bids, in accordance
with TEX. REV. CIV. STAT. ANN., Articles 1105b and 2368a, and other
applicable laws, such that a contract may be awarded for the construction of the
Project; NOW, THEREFORE:
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BE IT ORDAINED BY THE CITY OOUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT:
I.
There exist a public necessity for the Project, and it is hereby ordered that
Plans and Specifications be prepared for the improvement of the Project and that
the Project be carried out and constructed according to the Plans and
Specifications, and any changes or amendments thereto.
II.
The estimated cost of the Project based on the estimate of the City Engineer is
$ 44,446.24 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. AN[~., 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/lOths) 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 owners 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.
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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 JAMES W. JACKSON, INC., having been found
to be the lowest and best bid for the making and construction of said Project,
the contract therefore is hereby awarded to JAMES W. JACKSON, INC., at and for
the amount of $ 42,329.'75.
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 twentyrone (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 20th day of June 1989, 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..
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VII .
This ordinance shall take effect and be in full force and effect from and after
the date of its passage.
PASS AND APPROVED THIS J ~ ~ 1~Y OF ~ ,
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ROSE HILL DRIVE
( E, LANCASTER TO APPROX, 160' NORTN)
PROJECT NOD 90-136036-00
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PROJDCT N0. 90-136036-00, ROSE HILL DRIVE, FROM EAST LANCASTER STREET TO APPROXIMATELY ONE
`HUNDRED AND SIXTX FEET NORTH, to be improved by constructing a six-inch thick reinforced
concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime
stabilized subgrade, so that the finished roadway will be forty .feet wide on a fifty foot
right-of-way. Four-inch thick concrete sidewalks and six-inch thick concrete driveway
approaches will be constructed where shown on the plans.
CWf~R & LEGAL DESCRIPTION
000000770744
VINOD N. PATEL
7225 E. LANCASTER ST.
FORT WORTH, TX 76112
BLK 1 TAT 7A
* **
000006194494
Ft06E HILL BURIAL PARK
C/0 JACK SHANNON
P O BOX 4306
FORT WORTH TX 76106
BTk 31
# **
20NING FRONTAGE RATE AMOUNT ASSESSMENT
EAST HANDLEY HEIGHTS ADDITION
390.00'AD7USTED
E 156.00'PAVET~F~NT
129.00'CURB
113.50 SF DR APPR.
484.00 SF SIDEWALK
51.48 8030.88
3.12 402.48
4.01 455.14
2.14 1035.76
9924.26
9924.26
HYDE~7ENNINGS ADDITION
2340.00'ADJUSTED
E 100.00'PAVF3~IENT
73.00'CURB
51.48 5148.00
3.12 227.76
5375.76
5375.76
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ROSEHILL DRIVE
COST DISTRIBUTION
A. PROPERTY OWi~R BY ASSESSMEN'T .................................$ 15,300.02
B. DEVELOPER OONTRIBUTION...##_....PRE:PAID $ 3,284.00
......................
C. FORT WORTH CITY ..............................................$ 25,862.22
STREET CONSTRUCTION ..............$ 23,745.73
ENGR.INSP./ADf~1IN .................$ 2,116.49
(5$ OF BID $ 42,329.75)
D. ZUTAL ESTIMATED PROJECT OOST ..................................$ 44,446.24
##
THE FOLLAWING CONTRACT FACILITIES AGREEMEf1T NO. 15871 PROVIDED THE DEVELOPER'S
CONTRIBUTION TC)WARDS THE STREET IMPROVEMENT COST FOR ADJACENT II.7T.
HYDE-JENNINGS ADDITION, BLOCK 31, LAT 1, $ 3,284.00:
LF]GEDID:
* PROPERTY HAS 390 FEET. THE PROJECT LIMITS FOR THIS LOT IS 156 FEET.
** CREDIT FL~R CURB INLET.
# PROPERTY HAS 2340 FEET. THE PROJECT LIMITS E1OR THIS LOT IS 100 FEET.
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ACCbUNTINO.2
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TRANSPORTATION~PUBLIC~,1~/ V'11 11.1L lLJ/ ® U
Nt1TfR ADMIMI57RATIdN ~ / VV~~1L e.l~
~it~ of 1Fort W®rth, ~l'~.~~~
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR ASSESS- PAGE
NUMBER MENT PAVING OF ROSE HILL DRIVE FROM 3
5-16-89 *~C-11643 TELY 1°f
ONE HUNDRED AND SIXTY FEET NORTH
RECOMMENDATION
It is recommended that the City Council.
1. Approve the following bond fund transfers
FROM TO AMOUNT REASON
94-009905'=00 90-136036-00 $15,300.02 To move property
Special Assessments Rose Hill Drive owner's share of
Unspecified cost from Revoly-
ing Fund. to
Project Account.
90-136901-00 90-136036-00 $23,745.73 To provide funds
New Development Rose Hill Dri"ve: ~ for the City's
Unspecified share of construc-
tion cost.
2. Authorize the City Planager to execute a contract wit h James W. Jackson,
Inc., in the amount of $42,329.75, based on its low bid for the
construction of Rose Hill Drive,
3. Declare the ne cessity for and order the improvements to Rose Hill Drive
from E. Lancast er Street to approximately one hundred and sixty feet
north,
4. Authorize the assessment of a portion of the cost of the improvements
against the owners of the abutting property,
5. Approve the estimate of costs and amounts t.o be assessed as stated in
the Engineer's Estimate,
6. Establish June 20, 1989, as the date of the benefit hearing;
7. 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
8. Adopt an ordinance reflecting the City Council's authorization and
approval of Items 2 through 7 above, and other applicable requirements
of Article 1105b, Vernon's Texas Civil Statutes.
DISCUSSION
Shannon Funeral Chapels, Inc., the developer of Hyde-Jennings Subdivision,
Block 31, Lot 1, has executed a Community Facilities Agreement (No. 15.871)
'i +,
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DATE REFERENCE SUBJECT AWARD OF `CONTRACT FOR ASSESS- PACE
NUMBER MENT PA,UING OF ROSE HILL DRIVE FROM 2 „of3
«~.
5-16-89 **C-11.643 E. LANCASTER STREET.TO APPROXIMATELY
ONE HUNDRED AND SIXTY FEET NORTH M,.
with~the City of Fort Worth for the construction of Rose Hill Drive from E.
Lancaster Street to one hundred and sixty feet north. The Developer has
prepaid $3,284.00 for its share of the cost for street improvements adjacent
to Lot 1, Block 31, Hyde-Jennings subdivision, and has agreed to accept an
assessment for the remainder of the street improvements adjacent to Block 31,
which is also in its ownership. r
The project is located in Council District No. 5.
PROJECT DESCRIPTION•
STREET
Rose Hill Drive
LIMITS WIDTH/FEET ROW/WIDTH/FEET
From East Lancaster 40
Street to 160' North
50
PROPOSED IMPROVEMENTS:
L
It is proposed to improve Rose Hill Drive by constructing a six-inch thick
reinforced concrete pavement with a seven-inch high attached concrete curb on
a six-inch thick lime stabilized subgrade so that the finished roadway will
be forty feet wide on a fifty foot right-of-way. Four-inch thick concrete
sidewalk and six-inch thick concrete driveway approaches will be constructed
where shown on the plans.
RECEIPT OF BIDS.
Bids for the project were received on February 16, 1989, after being
advertised on January 26 and February 2, 1989, with 30 working days allotted
to complete the project.
BIDDER AMOUNT
James W. Jackson, Inc. $42,329.75
Walt Williams Construction, Inc. $42,639.00
L. Grimes & Co., Inc. $48,323.32
M&D Construction Co. $50,568.20
L.D. Conatser Construction $51,880.30
Harrod Paving Go. $53,881.70
Kirby Concrete Co., Inc. $56,393.01
The low bidder is in compliance with the City's MBE/WBE policy.
ENGINEER'S ESTIMATE OF COST FOR STREEI` IMPROVEFIENTS.
Based on standard City policy and the low bid prices, the following
assessment rates have been established for Rose Hill Drive.
6 inch thick reinforced concrete pavement $51.48 per front foot
7 inch high concrete attached curb $ 3.12 per front foot
6 .inch thick reinforced concrete driveway approaches $ 4.01 per square foot
4 inch thick reinforced concrete sidewalk $ 2.14 per square foot
!'
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~~ DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR ASSESS- PAGE
NUMBER
MENT PAVING
OF ROSE HILL DRIVE FROM
3- of -3 _
5-16-89• **C-11643
ONE fiUNDRED AND SIXTY FEET NORTH
The total cost for street improvements to Rose Hill Drive is di stributed as
follows
Property owner's share of the cost $18,584.02 (42%)
City's share of the cost 25,862.22 (58%)
Total 44,446.24
FINANCING
Sufficient funds are available as follows for transfers
FUND PROJECT N0. PROJECT NAP1E AMOUNT
Special Assessment
Fund 94 009905-00 Special Assessments Unspecified $15,300.02
Street Improvement
Fund 90 136901-00 New Dev elopment Unspecified 23,745.73
39 045.75
Upon approval and completion of Recommendation No. 1, sufficient funds will
be available as follows
FUND PROJECT N0. PROJECT NAME AMOUNT
Street Improvement
Fund 90 136036-00 Rose Hill Drive $39,045.75
Expenditures will be made from Index Code 621458.
Sufficient funds are available in Ne w Development Fund 90, Project No.
095105-00, Engineering Salaries, to f inance engineering inspection and
administrative costs.
DAI w
APPROVED BY
CITY COUNC4l
MAY Y6 1989
~~a~r@~Q,,_
Gitp SecretozY of the
Cite of Fort Wort!>~ Texdr
SUBMITTED FOR THE
CITY MANAGER'S
vid Ivor
D DISPOSITION BY COUNCIL.
APPROVED
~ PROCESSED BY
y
a
OFFICE BY
ORIGINATING ~ OTHER (DESCRIBE)
DEPARTMENT HEAD• Gary Santerre CITY SECRETARY
FOR ADDITIONAL 1 OR AT ON
CT U1"D~e~ 7805
T
Adopted ardic~ancQ ~r
DATE
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