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HomeMy WebLinkAboutOrdinance 10435ORDINANCE NO. O AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF WASHINGTON AVENUE, UNIT II, FROM JESSAMINE STREET T'0 RICHMOND A , RTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COST'S; LETTING CONTRACT TO WALT WILLIAMS CONSTRUCTION INC. IN THE AMOUNT OF $263,360.00., 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 TO SAID STREET IMPROVEP~ENTS 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 ORDTNACdCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE INI THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE HATE. ~, 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 WASHINGTON AVENUE, UNIT II, FROM JESSAMINE STREET TO RICHMOND AVENUE which is hereby designated Project No. 67-040147-00, (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; WHEREAS, 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; NOW, THEREFORE: ~ i 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 $ 276,528.00. 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 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 Pr-oject 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 irrQnediately 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. _/ 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 WALT WILLIAMS CONSTRUCTION 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 WALT WILLIAMS CONSTRUCTION, INC., at and for the amount of $ 263,360.00. 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 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- •^~ a ~ ~ ~ VII . This ordinance shall take effect and be in full force and effect from and after "the date of its passage. PASSED AND APPROVID THIS ~ ~ _ I1~,Y OF 19~_. APPROVED AS 'PO FORM AND LEGALITY: / " ~~'~',~4~ /~jS~M-I' City Attorney Date: ~. ~~~._ -4- ~, r, 1' :. - -a'. J 1 •' E / I• 1 ~ .. _ _ _ , 7 - -- ~ . ~; '~ <D _ ~-,~ _1 i ~ .y i _~ r_ __- _.+~tt ~ ~_ ~ r _ ` ~~ ~' ti ~ - ~ 7 I ~ ~ 9R 8R , _ ~ - r i ~ f t _ - ~ - - ~ ~ ~ 51 ~ _ ____~ (4 ~ •~ ~ ~~ r ' '1 ~. -.~, l - ~ :~~. ~, ~ - -- i I IiC_ ~-- ~ I 4" ~ i ~! - - j I`~ ' C` ~ a ~ -~ i t .~ _ a - i_ __ ~ ~ ~ ---.r.rr.,a. ~ _ (-' r j - I / 1 `~'. 1989 _ .. ., ~' y i. y d ~~ a ~ • ~ i0 7 iJ 1 8 ~ ~ c^/~- u ~ U /t /eti, .+ v .~ ~ 2 ~ e _ r / ~ .1 ,: ~ _~ 1 3 ~ .+ is J _ r - n ,r q ii ~ f ~ 4 ! ~ Cf r)~ S i X iC .f d rl.. .J ~i F 1 * ~ 7~'~1 ~ ~ . , I A R ~ .s ~ E._ ~ I - ~ K --- ~ ~-i I4e ~_..iF`- ._ _ - _„_T ` ~ ~ ° _ f 14 r o ~ -~ ~- -,-~ ~ ~ 1 t ' ~ -- -r I - =--~ • -- ~ - --ti r - ~ - - - ~- IFS ~ ... . ~ec -~ 1 ~ ~~-,art'.- i - _r 'o ~__ -l f W r ~ .~..._.1 _ ._ i ~ - J J I ~ I '~ i f i A ~ r ~• ~ ' ~ ~ ~a O E ~pQ ~ ~~~ ~ ~, ~ r R F} ~ r~ .,-: ~ ~ --r r . .f t(a I 8 R ~ ~+I ffi,UD. ~v ~~ WASHINGTON AVENUE, UNIT II (JESSAA1INE TO RiCHMQND) PROJECT N0. 67-040147-00 r PROJECT N0. 67-040147-00, WASHINGTON AVENUE, UNIT II, FROM JESSAMINE STREET TO RICHMOND AVENUE,. to be improved by constructing six-inch thick 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 twenty-eight feet wide on a variable Right-Of-Way. Four-mach thick concrete sidewalks and six-inch thick concrete driveway approaches will be constructed where shown on the plans. OWNER ~ LEGAL DESCRIPTION BEGINNING AT JESSAMINE ST ZONING FRONTAGE ------ -------- CARLOCR'S SOUTHSIDE ADDN ------------------------ RATE AMOUNT ASSESSMENT ----- ------ ---------- EASTSIDE 0000047.8477 JOE E BARRIENTOS 2218 WASHINGTON FORT WpRTH, TX 76110 BLK 2 LOT 6 *, VACANT LOT B 50.00' PAVEMENT 50.00' CURB 156 00 SF SIDEWALK 126 95 SF DR APPR 32 69 1,634 50 2.47 123.50 1 34 209 04 2.7.5 349.11 2,316.15 2,316 15 -1- WASHINGTON AVENUE IINIT II, FROM JESSAMINE STREET TO RICHMOND AVENUE The Assessment Pavinq Policy as revised July 28, 1987 (M&C G-7160), provides that property coned and used as one or two family residential property in target areas will not be asessed for street reconstruction Under this policy, the owners of the following improved property zoned and used as one and two family residences will not be assessed BANKERS HOME BLDG CO SUB Block A, Lots 1, 2, 3 Block B, Lots 1, 2, 3 OARLOCK'S SOUTHSIDE ADDITION Block 1, Lots 14 thru 26 Block 2, Lots 1 thru 5, and 7 thru 13 LAWN PLACE ADDITION Block A, Lot 7 Block B, Lot 1 Block 1, Lot 7, 8 Block 2, Lot 1, 14 Block 5, Lot lA, 1B, 14 Block 6, Lot 7, 8 R.G. JOHNSON ADDITION Lots 14, 15A, 158, 26, 27, 28, 29, 30 J.N. ELLIS SURVEY ABSTRACT 463 Tracts 9, 10 The City of Fort Worth owns Block 25, of the R. G. Johnson Addition. The Assessment Paving Policy provides for City cost sharing of 50$ for sidewalk replacement; $2.68/2 = $1.34/S.F. -2- ,. NASHINGTON AVENUE, IINIT II, FROM JESSAMINE STREET TO RICHMOND AVENUE COST DISTRUTION A. COST TO PROPERTY OWNERS. ... ..... ......... .........$ 2,316.15 B COST TO THE CITY OF FORT WORTH ... ... .....$274,211 85 Street Construction ... .S261,043.85 Engr Insp./Admin ... ... .....$ 13,168 00 (5$ of estimated cost $263,360.00) C. TOTAL ESTIMATED PROJECT COST ... ... .... .... $276,528 00 -3- i MAe{~fEN fICE•f - r ~ (l.~ fN/ ®~ 1L ® 0 K. p' ~1' ® I/ ~~~ JL ~~~l.tli~Y ~,q"a~.~~j~f.~,CA~OUNTINQ~: 2 eelr~ , yYtANSPOgiAT-OnjPuBUC ~~ ~-'11 KCAL ly/ ® U -UL U IL~ ~®-L1!/!/ l1~-L~~ ~/®~~ -LIV~~IL.~u..i{/~~®~ MITER ADMIN/riRATlt}N 4 e1~ DATE REFERENCE SUBJECT CONTRACT AWARD TO J.D. VICKERS, PAGE MANAGEMENTS RVICES•1 NUMBER I NC . , AND WALT W I LL IAMS CONSTRUCTION, 4 11-7-89 C-11982 INC. FOR THE ASSESSPIENT PAVING OF 1°f _ ~"`"'1 WASHINGTON AVENUE, JESSAMINE STREET ©~ '~ TO RICHP10ND AVENUE AND RELATED WATER MAIN REPLACEMENT RECOP1MENDATION. It is recommended that the City Council 1. approve the following fund transfers FROM- TO AMOUNT REASON 94-009905-00 67-040147-00 $ 2,316.15 To move property Special Assessments Washington Avenue owners' share of Unspecified cost from Revoly- ing Fund to Project Account. 67-040901-00 67-040147-00 $221,539..85 To provide funds Inner City Streets Washington Avenue for the City's Unspecified share of con- struction cost. 94-009905-00 67-017104-00 $ 93,013.00 To provide funds Special Assessments Washington Avenue for Water Plain Unspecified Water Line replacement. 45-60-90-20 53-017104-00 $ 9,300.00 To provide funds Water and Sewer b~ashington Avenue for inspection and Operating survey. 76-206080-35 76-206080-55 $ 39,504.00 To provide funds Eleventh Year Construction of for street irnprove- CDBG Inner City Washington Avenue ments. Streets 2. authorize the City Manager to execute a contract with J.D. Vickers, Inc., in the amount of $93,013.00 based on their low bid for the water main replacement in Washington Avenue (Unit I), 3. authorize the City Planager to execute a contract with Walt Williams Construction, Inc., in the amount of $263,360.00 based on their low bid for the reconstruction of Washington Avenue (Unit II), 4. declare the necessity for and order the improvements to Washington Avenue, Jessamine Street to Richmond Avenue, 5. authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property, sue~ecr CONTRACT AWARD TO J.D. VICKERS, INC., AND WALT WILLIAPIS CONSTRUCTION, INC. FOR THE ASSESSh1ENT PAVING OF WASHINGTON AVENUE, JESSAh1INE STREET TO RICHPIOND AVENUE AND RELATED WATER P~1AIN REPLACEMENT r_--~.-, ~, , A f! .l 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 and 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 Washington Avenue from Jessamine Street to Richmond Avenue. Washington Avenue is in the midsouth target area, and CDBG ftands will provide 150 of the construction cost. The project is located in Council District No. 9. PROJECT bESCRIPTION• STREET LIh1ITS WIDTH/FEET ROW WIDTH/FEET Washington Avenue Jessamine Street 28 Variable to Richmond Avenue Washington Avenue, from Jessamine Street to Richmond Avenue, is proposed to be improved by constructing six-inch thick 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 twenty-eight feet wide on a variable right-of-way. Four-inch thick concrete sidewalks 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 September 14, 1989, after being advertised on August 24 and 31, 19$9, with 106 working days allotted to complete the project. fit' ,ic f`' .~~ '. DATE _, ~ RExERENCE SUBJECT CONTRACT AWARD TO J.D. VICKERS, PAGE NUMBER INC., AND WALT WILLIAP1S CONSTRUCTION, 3 of 4 11-7-89 C-11982 TNC_ FAR THE ASSESSMENT PAUTNG OF WASHINGTON AVENUE, JESSAMINE STREET TO RICHMOND AVENUE AND RELATED WATER MAIN REPLACEMENT BIDDER AMOUNT Unit I (Water) J.D. Vickers, Inc. Larry H. Jackson Const. Circle "C" Const. Co., Inc. Steed, Inc. Improvements, Inc. Tri-Tech Construction, Inc. $ 93,013.00 $ 93,484.00 $ 94,398.50 $ 94,421.00 $110,658.50 $121,546.00 Unit II (Street) Walt Williams Const., Inc. Harrod Paving Co. Centerline Constructors, Inc. Austin Paving Co. Larry H. Jackson J.L. Bertram Const. & Engr., Inc. $263,360.00 $266,138.50 $277,791.35 $281,489.69 $287,005.00 $288,601.00 The low bidders are in compliance with the City's DBE Policy. 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 for Washington Avenue 6 inch thick reinforced concrete pavement $32.69/L.F. 7 inch high attached concrete curb $ 2.47/L.F. 6 inch thick concrete driveway approaches $ 2.75/S.F. 4 inch thick concrete sidewalks $ 2.68/S.F. The total cost for street improvements to Washington Avenue is distributed as follows Property Owner's share of cost $ 2,316.15 (1%) City's share of the cost $274,211.85 (99%) Total estimated cost 2 ,5 .0 FINANCING Sufficient`funds~are available as follows for transfers ~; , ~- ;. DATE REFERENCE SUBJECT CONTRACT AWARD TO J.D. VICKERS, PAGE NUMBER INC., AND WALT WILLIAh1S CONSTRUCTION, 4 4 11-7-89 C-1T982 INC. FOR THE ASSESSP•1ENT PAVING OF °f WASHINGTON AVE , TO RICHMOND AVENUE AND RELATED WATER MAIN REPLACEPIENT FUND PROJECT N0. PROJECT NAME AMOUNT 94 009905-00 Special Assessments $ 95,329.15 Unspecified 67 040901-00 Inner City Streets $221,539.85 Unspecified 45 60-90-20 Water and Sewer $ 9,300.00 Operations 76 206080-35 11th Year CpBG $ 39,504.00 Inner City Streets Total $365,673.00 Upon approval and completion of Recommendation No. 1, sufficient funds will be available as follows FUND PROJECT PROJECT NAME AMOUNT 67 040147-00 Washington Avenue $ 2,316.15 67 040147-00 Washington Avenue $221,539.85 67 017104-00 Washington Avenue $ 93,013.00 Water Line 53 017104-00 Washington Avenue $ 9,300.00 Water Line 76 206080-55 Washington Avenue 39,504.00 Tota l 6 ,6 .OT Expenditures will be made fro m Index Codes 630335 and 658815 respectively. Sufficient funds are available in Street Improvements Fund 67, Project No. 095106-00, Engineering Sa laries, to finance engineering inspection and administrative costs. APP~OVEO NY DAI d C ~~ C~U~~i1l r~nv ?' 1989 SUBMITTED FOR THE CITY MANAGER'S Wi 11 i am Wood DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ~ ~ ORIGINATING DEPARTMENT HEAD Gary Santerre ^ OTHER (DESCRIBE) TY SECRETARY FOR ADDITIONAL I~FunlvjAaTION p063 CC1l y O AdQ ~d ~ //~-L7~/ City OI Folt ~~/ ~~~ dihance No rth. TBX~i CONTACT . ,~ , DATE ~~~' I