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HomeMy WebLinkAboutOrdinance 10242,~ . ORDINANCE NO . ~~ ~ ` AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMP~VEMENT OF MYRTLE STREET, FROM HEMPHILL STREET TO LIPSCOMB STREET A5 HEREINAFTER SET FORTH; APPROVING ATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO 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 ~ 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 IMPROVF~'IENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 11O5b 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 I~,TE . 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 MYRTLE STREET, FROM HEMPHILL STREET TO LIPSCOMB STREET, which is hereby designated Project No. 067-040143-00, (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. STAY. ANN., Articles 11O5b and 2368a, and other applicable laws, such that a contract may be awarded for the construction of the Project; NOW, 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 $ 52,361.35. 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 thereoff_ 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 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. ~_ 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 ma ing an cons ruc ion of said Project, the contract therefore is hereby awarded to JAMES W. JACKSON,INC. at and for the amount of $ 49,867.95. 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 21ST day of February 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. -3- ~- VII. This ordinance shall take effect and be in full force and effect from and after the date of its passage. n PASS AND APPROVED THIS ~ ! ~ DAY OF __.~- 19~. APPROVED AS 'I'O FORM AND T •F,C;AT ITY City Attorney Date: -4- ji ~1 .S• m MAS tER~~'L'E• 1'. Tl '~+ ,.. ACCOUNTINOy 2 TRANSPORTA71ON~PUBLIC W RKS-~' V14rER AD MiNi31 RATiCiN d pity of 1Fort Worth, ~e.~as DATE REFERENCE S NWHKU Ur l,U1V 1 KHI. I C UK I r1C PAG NUMBER `~S~~SSMENT PAVING OF MYRTLE 1-17-89 C-11413 STREET FROM HEMPHILL STREET TO lof RECOMMENDATION It is recommended that the City Council 1. Approve the following bond fund transfers FROM TO AMOUNT REASON 94-009905-00 67-040143-00 $24,693.00 To move property Special Assessments Myrtle Street/Hemphill owner's share of Unspecified to Lipscomb cost from Revoly- ing Fund to Project Account 67-04090'1-00 67-040143-00 $25,174.95 To provide funds Inner Ciay Streets Myrtle Street/Hemphill for the City's Unspecified to Lipscomb share of construc- tion cost. 2. Authorize the City Manager to execute a contract with James W. Jackson, Inc., in the amount of $49,867.95 based on their low bid for the con- struction of Myrtle Street from Hemphill Street to Lipscomb Street, 3. Declare the necessity for and order the improvements to Myrtle Street from. Hemphill to Lipscomb; 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 to be assessed as stated in the Engineer's Estimate, 6. Establish February 21, 1989, as the date of the benefit hearing; 7 Authorize the preparation of assessment rolls and notification of pro- perty 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 The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of portions of Myrtle Street from Lipscomb Street to May Street The section from Lipscomb to Hemphill is covered by the pro- .~~~i ~. DATE REFERENCE ~ SUBJEC PAGE NUMBERWARD OF CONTRACT FOR THE " ~" SSESSMENT PAVING OF MYRTLE t. ,,, ,° , .2~._}3~ ~~ 1=17-89 ,` ~ ~'C=11413 °~° LIPSCOMB STREET posed contract A contract for the section from Hemphi-11 to May Street will°'' be awarded at a l ater date The project is located in Council District 9. PROJECT DESCRIPTION STREET LIMITS WIDTH/FEET ROW/WIDTH/FEET Myrtle Street Hemphill St. to Varying, from Variable , Lipscomb St. 20' to 31' PROPOSED IMPROVEMENTS It is proposed to improve Myrtle Street by constructing a six-inch thick rein- forced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick .lime stabilized subgrade so that the finished street will vary from 20 to 31 feet wide on a variable right-of-way. The substandard width section is necessitated by existing closely spaced buildings that are impractical to move, remove or alter Four-inch thick concrete sidewalk anal six-inch thick concrete driveway approaches will be constructed where shown on the plans RECEIPT OF BIDS Bids for the project were received on December 8, 1988,, after being adver- tised on November 17 and 24, 1988, with 30 working days allotted to complete the project Bidder Amount James W Jackson, Inc $49,867.95 Kirby Concrete Co Inc $52,932.00 Architectural Utilities, Inc $55,066.00 Harrod Paving $56,360.75 Walt Williams Construction, Inc. $56,430.20 L. Grimes & Co Inc. $57,952 69 Centerline Constructors, Inc $58,365.78 M: A Vinson Construction Co Inc. $62,637 25 J L Bertram Construction & Engineering, Inc $64,982.45 Austin Paving Company $68,861.06 The low bidder is in compliance with the City's MBE/WBE policy ENGINEER'S ESTIMATE OF COST FOR STREET IMPROVEMENTS f Based on standard City policy and the low bid prices, the following assess- ment rates have been established for Myrtle Street f E i ~' -~~ ~~ "~ i S DATE REFERENCE NUMBER SUBJECT AWARD OF CONTRACT FOR THE PAGE 1-17-89 C-11413 ASSESSMENT PAVING OF MYRTLE 3 or 3 LIPSCOMB STREET 6 inch thick reinforced concrete pavement 31' wide $32 61/L.F. 6 inch thick reinforced concrete pavement 20' wide $21.06/L.F. 7 inch high concrete attached curb $ 3 06/L.F 6 inch thick reinforced concrete driveway approaches $ 2.35/S.F. 4 inch thick reinforced concrete sidewalk $ 1 711S.F. The Director of Real Property Management has advised the Staff as to the amount of enhancement that will result from the proposed improvements, and the proposed assessments have been adjusted accordingly. The total cost far street improvements to Myrtle Street is distributed as follows Property owner's share of the cost $24,693.00 (47%~ City's share of the cost $27,668.35 (539') FINANCING Sufficient funds are available as follows for transfers FUND PROJECT N0. PROJECT NAME AMOUNT Special Assessment Fund 94 009905-00 Special Assessments Unspecified $24,693 00 Street Improvement Fund 67 040901-00 Inner City Streets Unspecified 25,174.95 49,867.95 Upon approval and completion of Recommendation No. 1, sufficient funds will be available as follows FUND PROJECT N0. PROJECT NAME AMOUNT Street Improvement Fund 67 040143-00 Myrtle Street $49 867.95 49 867.95 Expenditures will be made from Index Code 630335. Sufficient funds are available in Street Improvements Fund 67, Project No 095105-00, Engineering Salaries, to finance engineering inspection and admin- istrative costs APPROVED. B3~' DAI m/mc CITY COU~N'~~~Li.. J AN 1.7 1989^ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY David Ivory DISPOSITION BY COUNCIL. ^ APPROVED ROCESSED BY ORIGINATING DEPARTMENT HEAD• Gary Sdnterre ^ OTHER (DESCRI City SeCretc ''CITY- SECRETARY FOR ADDITIONAL INF RM TION O Bro'~et 7805 ~ ( r ;/`y Y C NTACT DATE