The URL can be used to link to this page

Home My WebLink AboutOrdinance 10426ORDINANCE N0. O AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF BYERS AVENUE, UNIT II, FRfJM MARGARET STREET TO BELLE PLACE, AND WEST JESSAMINE STREET, UNIT R ET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPI~VING ESTIMATE OF COSTS; LETTING CONTRACT TO J. L. BERTRAM CONSTRUCTION AND ENGINEERING, INC. IN THE AMOUNT OF $328,047.90., 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 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 'I'O SAID STREET IMPROVEMENTS 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 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 BYER5 AVENUE, UNIT II, FROM MARGAR~'T STREET TO BELLE PLACE, AND WEST JESSAMINE STREET, UNIT III, FROM SIXTH AVENUE 'TO EIGHTH AVENUE ,which is hereby designated Project No. 67-0401140-00, (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; Wf~REAS, 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. STAT. ANN., Articles 1105b and 2368a, and other applicable laws, such that a contract may be awarded for the construction of the Project; NOVJ, THEREFORE: -1- ~. BE IT ORDAINED BY THE CITY COUNCIL 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 $ 344,450.30. 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. ANN., Article 1105b (hereinafter referred to as "Article 1105b"), and the City Charter of Fort Worth, Texas, and shall not be more than all the casts 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 of ter 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 an 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- 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 J. L. BERTRAM CONSTRUCTION AND ENGINEERING, 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 J. L. BERTRAM CONSTRUCTION AND ENGINEERING, INC., at and for the amount of $ 3 , 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 praperty 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 5th day of December, 1989, at 7:00 P.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- VII. This ordinance shall take effect and be in full force and effect from and after the date of its passage. ~ ~~,~~ PAS AND APPROVED THIS --'S-~-~~-- I1~Y OF r 19~. APPROVED AS 'TO FORM AND LEGALITY: Y ' G~~~~` ~~ ~$ST~ City Attorney o~ Date: ;~ r a ~~ -4- BYERS AVENUE, UNIT II (MARGARET STREET TO BELLE PLACE) PROJECT N0. 67-040140-00. OCIaB~ER 1989 Revised December 4, 1989 _ . ~, °PP.OJECT N0. 67-040140-00, BYERS AVENUE, UNIT II, FROM MARGARET ~ab~EET TO BELLE PLACE, to be improved by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb over a six-inch cement stabilised subgrade so that the finished roadway jai°11 be thirty to forty feet Wide on a sixty foot Right-of-Way, Six-inch thick concrete drive- fway approaches Will be constructed where specified on the plans. OWNER b LEGAL DESCRIPTION ZONING ------------------------- ------ BEGINNING AT MARGARET 000004344952 DOROTHY LACY 3916 BYERS B FT WORTH TX 76107 BLK 17 LOT 5 VACANT LOT ------------------- SOUTH SIDE 000002296616 BOBBY G DAVIS S MARGIE DAVIS 4015 TOULOUSE DR ARLINGTON TX 76016 BLK 12 LOT 11 EXISTING RESIDENCE 000002296926 SAPINO GARCIA 2921 S JENNINGS FT WORTH TX 76110 BLK 13 LOT 19 EXISTING RESIDENCE B B FRONTAGE RATE QUEENSBORO ADDITION 60.00°PAVEMENT 37.89 60 00'CURB 2.94 AMOUNT 2273.40 176.40 2449 80 APPRAISAL 5460.00 Assessment set by City Council QUEENSBORO ADDITION 70.00'CURB 2.94 205.80 205.80 APPRAISAL -0- QUEENSBORO ADDITION ------------------------- 62.00'CURB 2.94 182.28 182.28 APPRAISAL -0- ASSESSMENT 2449.80 1218 60 -0- -0- -1- O~INER b LEGAL~DESCRIPTION ZONING FRONTAGE RATE QUEENSBORO ADDITION M000002297086 WILLIAM H EVANS b425 WAVERLY WAY B 12b.95'SF DR APPR 3.32 FT WORTH TX 76116 $LK 14 LOT 15 APPRAISAL EXISTING RESIDENCE AMOUNT ASSESSMENT 421.47 421.47 -0- -0- -2- -~ iR " BYERS AVEQOE, OMIT II The Assessment Paving Policy as revised Julp 28, 1987 (M&C G-7160), provides that property coned and used as one or two-family residential property will not be assessed for street reconstruction (except for missing curb, gutter, driveway approaches and sidewalks, if added). Onder this police, the owners of the following improved property coned aad used as one and two-family residences will not be assessed. QOEENSBORO ADDITIOP Block 12, Lots 12, 13, 14, 15, 17, 18, 19, 20 Block 13, Lots 11, 12, 13, 14, 15, 16, 17, 18, 20 Block 14, Lots 11, 12, 13, 14, 16, 17, 18, 19, 20 Block 15, Lots 9, 10, 11, 12, 13, 14 Block 16, Lot 4R Block 17, Lots 1, 2, 3, 4, 6, 7, 8, 9, 10 Block 18, Lots 1, 2, 3, 4, 5, 7R, 8R -3- b~ 1 ,~ ~,. ~~s ~~, ~I~ II, ~~ ~RCa ~ ~~I.L~ Pt.~C~ ~S!' I$IS`Y'RI~IfTIOI~ A. COST TO PROPERTY OWATERS ........ ........................$ 1,218 60 8. COST TO CITY OF FORT WORTH .... .......................... 186,570 33 Street Construction............S176,396.80 Engr. Insp./1~dmin... .. ..$ 8,942.33 (5$ of bid cost $178,846.60) C. TOTAL ESTII~iATED PROJECT COST.. ...... ............... j.$7,788 93 ~4- ,.~~ Katy of JFo~°t worth, ~e.~as y:; ACCOUNTINO.2 1RANSPORTATION~PUBUC~p~g,/~ ~ n®~a fir/ ~,~/ ~®lL~1L~lli~~ ~~®~~ (LI!/ U IL (LLL/4~W (Li (L®~ WATER ADMINISTRATION •~/ ~y~ 1(,~ (~(,/~/ U IUN (j,~{~~~ DATE REFERENCE SUBJECT: l.U1V,l KHI. I HWHKU t'UK HJJtJJMtIV I PAGE NUMBER PAVING OF BYERS AVENUE AND WEST 5 10/31/89 C-11967 JESSAMINE STREET AND RELATED WATER 1of ran a~~ n~.~ a.nv~. ra~n~ ~.v v.L. u~.~~~~~nl-1 CONSTRUCTION AND ENGINEERING, INC., AND J.D. VICKERS, INC. RECOMME.NDA.TION. It i-s--recrnnmended that the City Counci 1 . 1.. Approve the following fund transfers: FROM - TO AMOUNT 94-009905-00 67-040140-00 $ 12,125.10 Special Assessments Byers Avenue and Unspecified W. Jessamine Street 67-040901-00 Inner City Streets Unspecified 67-040140-00 Byers Avenue and W. Jessamine Street $293,542.60 94-009905-00 Special Assessments Unspecified 45-60-90-20 Water and Sewer Operating 76-206080-35 Eleventh Year CDBG Inner City Streets 67-017098-00 Byers Avenue and W. Jessamine Street Water Mains 53-017098-00 Byers Avenue and W. Jessamine Street Water Main 76-206080-54 Construction of W. Jessamine Street $145,079.00 $ 14,500.00 $ 22,380.20 REASON To move property owners's share of cost from Revoly- ing Fund to Project Account. To provide funds for the City's share of con- struction cost.. To provide funds for Water Mai n Replacement. To provide funds for inspection and survey. To provide funds for street improve- ments. 2. Authorize the City Manager to execute a contract with J.D. Vickers, Inc., in the amount of $145,079.00 based on its low bid for the water main replacement in Byers Avenue and W. Jessamine Street, 3. Authorize the City Manager to execute a contract with J.L. Bertram Construction & Engineering, Inc., in the amount of $328,047.90 based on its low bid for the reconstruction of Byers Avenue and W. Jessamine Street, DATE REFERENCE SUBJECT CONTRACT AWARD FOR ASSESSMENT PACE NUMBER PAVING OF BYERS AVENUE AND WEST 2 of5 10/31/89 C-11967 JESSAMINE ST MAIN REPLACEMENT TO J.L. BERTRAM CONSTRUCTION AND ENGINEERING, INC., AND J.D. VICKERS, INC. 4. Declare t°he~neces~s•ity for and order the improvements to Byers Avenue from Margaret Street to Belle Place, and W. Jessamine Street from 6th Avenue to 8th Avenue, 5. Authorize the assessment of a portion of the cost of Byers Avenue and W. Jessamine Street improvements against the owners of the abutting property, 6. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 7. Establish December 5, 1989, as the date of the benefit hearing; 8. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Texas Civil Statutes, and 9. Adopt an ordinance reflecting the City Council's authorization anal approval of Items 2 through 8 above, and other applicable requirements of Article 1105b, Vernon's Texas Civil Statutes. DISCUSSION The 1986-88 Capital Improvement Program approved in March 1986, included funds for the improvement of Byers Avenue from Margaret Street to Belle Place, and W. Jessamine Street from 6th Avenue to 8th Avenue. W. Jessamine Street is in the midsouth target area, and CDBG funds will provide 15~ of the construction cost. Byers Avenue is located in Council District No. 7, and W. Jessamine is in Council District No. 9. PROJECT DESCRIPTION. STREET LIMITS WIDTH/FEET ROW WIDTH/FEET Byers Avenue Margaret Street 30 to 40 60 to Belle Place W. Jessamine Street 6th Avenue to 30 64 8th Avenue PROPOSED IMPROVEMENTS• ~.: r ,~,.;.$ . r It is proposed to improve Byers Avenue from Margaret Street to Belle Place by constructing a six-inch thick reinforced concrete pavement with a seven-inch "high attached concrete curb over a six-inch cement stabilized subgrade so ~. ,,. . DATE REFERENCE SUBJECT CONTRACT AWARD FOR ASSESSMENT PAGE NUMBER PAVING OF BYERS AVENUE AND WEST 3 of5 10/31/89 C-11967 JESSAMINE ST MAIN REPLACEMENT TO J.L. BERTRAM CONSTRUCTION AND ENGINEERING, INC., AND J.D. VICKERS,~INC. that the finished roadway will be thirty to forty feet wide on a sixty .foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where specified on the plans. It is proposed to improve, W. Jessamine from Sixth Avenue to Eighth Avenue by constructing a•six-•inch thick .reinforced concrete pavement with a seven-inch high attached concrete curb over a five-inch thick hot-mix asphaltic concrete base course so that the finished roadway will be thirty feet wide on a sixty-four foot right-of-way. Six-inch concrete driveway approaches will be constructed where specified on the plans. RECEIPT OF BIDS. ' Bids for the project were received on September 7, 1989, after being advertised on August 17 and 24, 1989. Ninety working days are allotted to complete the project. BIDDER AMOUNT UNIT I (WATER) J.D. Vickers, Inc. $145,079.00 Larry H. Jackson Const. Improvements, Inc. $151,168.50 Steed, Inc. $164,531.00 Harrod Paving Co. $185,350.05 Circle "C" Const. Co., Inc. $187,751.00 UNIT II, III, (STREETS UNIT II UNIT III BYERS AVENUE W. JESSAMINE ST. TOTAL J.L. Bertram $178,846.60 $149,201.30 $328,047.90 Construction & Engr., Inc. Harrod Paving Co. $170,154.00 $165,694.00 $335,848.00 Walt Williams $187,540.50 $155,061.50 $342,602.00 Centerline Constructors $170,601.00 $175,305.50 $345,906.50 Austin Paving Co. $195,433.00 $167,742.00 $363,175.00 The low bidders are in compliance with the City's DBE Policy. The contract proposal stipulated that the aggregate sum of Units II and III would be used as the basis of the award of contract. SUBJECT CONTRACT AWARD FOR ASSESSMENT PAVING OF BYERS AVENUE AND WEST MAIN REPLACEMENT TO J.L. BERTRAM CONSTRUCTION AND ENGINEERING, INC., AND J.D. VICKERS, INC. ENGINEER'S ESTIMATE OF COST FOR STREET IMPROVEMENTS: ' Based on standard City policy and the low bid prices, the following assessment rates have been established. Byers Avenue 6 inch thick reinforced concrete pavement $37.89/L.F. 7 inch high attached concrete curb $ 2.94/L.F. 6 inch thick reinforced concrete driveway approaches $ 3.32/S.F. W. Jessamine Street 6 inch thick reinforced concrete pavement $36.93/L.F. 7" high attached concrete curb $ 2.88/L.F. 6" thick reinforced concrete driveway approaches $ 3.32/S.F. The rates are different because the street improvements were bid separately. The total cost for street improvements to Byers and W. Jessamine Streets is distributed as follows Property Owner's share of cost $ 2,449.80 (1%) $ 9,675.30 ( 6%) City's share of the cost $185,339.13 (99%) $146,986.07 (94%) Total estimated cost 7,7 .9 6,6 1. FINANCING: Sufficient funds are available as follows for transfers. FUND PROJECT N0. PROJECT NAME AMOUNT 94 009905-00 Special Assessments $157,204.10 Unspecified 67 040901-00 Inner City Streets $293,542.60 Unspecified 45 60-90-20 Water and Sewer $ 14,500.00 Operations 76 206080-35 11th Year CDBG $ 22,380.20 Inner City Streets $487,626.90 Upon approval and completion of Recommendation No. 1, sufficient funds will be available as follows- DATE REFERENCE SUBJECT CONTRACT AWARD FOR ASSESSMENT PAGE 10/31/89 NUMBER C-11967 PAVING OF BYERS AVENUE AND WEST 5 or 5 MAIN REPLACEMENT TO J.L. BERTRAM CONSTRUCTION AND ENGINEERING, INC., AND J.D. VICKERS, INC. FUND PROJECT PROJECT NAME AMOUNT 67 040140-00 Byers Avenue and $305,667.10 W. Jessamine Street 67 017098-00 Byers Avenue and $145,079.00 W. Jessamine Street 53 017098-00 Byers Avenue and $ 14,500.00 W. Jessamine Street 76 206080-54 W. Jessamine Street $ 22,380.20 Total 87,626.90 Expenditures will be made from Index Codes 630335 and 658815, respectively. Sufficient funds are avai lable in Street Improvements Fund 67, Project No. 095105-00, Engineering Salaries, to finance engineering inspection and administrative costs. Sufficient funds will be available in Capital Improvement Fund 53, Project No. 017098-00 to finance survey and inspection costs of water main replacement. Sufficient funds are avail able in Grant Fund 76, Project No. 206080-35 and will be transferred to a new work phase, Project No. 206080-54. BW d APPROVED BY CITY COUNCIL OCT 31 lass ~~ia~Qr„ Cite Seccetnrp of the City ni Fwlt We->r~, TNRr! SUBMITTED FOR THE OFFICEABV GER'S Wi 11 i am Wood DISPOSITION BY COUNCIL: APPROVED ^ PROCESSED BY ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gary SanteY'1"e' CITY SECRETARY FOR ADDITIONAL IN~RM~unNa CONTACT (~ y 8063 A 'opted Ordinance No. DATE