HomeMy WebLinkAboutOrdinance 10450.v y
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ORDINANCE NO. ~~~`~'
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMENT OF EFFIE STREET, FROM ELGIN STREET
TO WILLIE STREET, AS HEREINAFTER SET FORTH; APPROVING PROJECT
PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF
COSTS; LETTING CONTRACT 'I'0 JAMES W. JACKSON INC. IN THE AMOUNT
OF $ 52,116.15., FOR THE MAKING AND CONSTRUCTION OF SUCH
IMPROVEMENTS; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE
INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FQR THE LEVY OF
ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR
A PART OF THE COSTS OF SUCH IMPROVEMENTS; DIRECTING THE CITY
SECRETARY 'Ib 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 'ISO SAID STREET
IMPROVEMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF
VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY 'I'0
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
P1~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 EFFIE STREET, FROM ELGIN STREET TO WILLIE STREET , which is
hereby designated Project No. 67-040189-00, (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;
V~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:
J T L
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
$ 54,721.96. 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 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 $ 52,116.15.
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 19th day of December, 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 P4inute 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.
PAS AND APPROVED THIS (~ DAY OF -
19.
A.PPI20VED AS 'I'0 FORM AND LEGALITY
City Attorney
Date
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EFFIE STREET
ELGIN TO WILLIE
PROJECT N0, 67-040189-00
NCR 1989
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PROJECT N0. 67-040189-00, F.FFIE STREET, FROM ELGIN STREET TO NILLIE STREET, to be improved b
constructing a six-inch thick reinforced concrete pavement ~+ith seven-inch high attache
concrete curb on a six-inc:h thick lime stabilised subgrade, so that the finished road~ay Wil
be tWeaty-six feet wide c-n a forty foot Right-of-Way. Six-inch thick concrete driveaa
approaches Will be constructed Where ahoWa on the plans.
ONNER b LEGAL DESCRIPTION ZONING
BEGINNING AT ELGIN STREET
BAST SIDE
000000126500
EVA R N~iLEY
5630 NAINNRIGHT DR B
FT WORTH TX 76112
LOT C
FRONTAGE RATE
FRED BASSETT SQB
109.50'PAVEMENT 34.49
109.50'CURB 3.26
II!lOUNT
3776.66
356.97
4133.63
AssESSMENT
4133.63
VACANT LOT
000002950383
MARY L RING
4920 DUNBAR ST
FT NORTH TX 76105
BLK 11 LOT 10
STALCOP'S 1ST ADDITION
E 140.00'PAVEMENT 34.49
140 00'CORB 3.26
106.70'SF DR APPR 3.21
4828.60
456.40
342.51
5627.51
5627..51
RESIDENCE
NEST SIDE j
000002950227
MARY L. PARKER
MRS FRANK SMITH b
3716 AVE L
P"T NORTH TX 76105
BLR 10 LOT 1
STALCITP'S 1ST ADDITION
E 140.00'PAVEMENT
140.00'CQRB
34.49
3.26
4828.60
456.40
5285.00
5285.00
RESIDENCE
- 1-
ONNER & LEGAL DESCRIPTION ZONING
,f------------------------- ------
~iIEST SIDE
000000126489
FT WORTH PEOPLES
MISSIONARY BAPTIST CElURC3i
4901 ELGIN B
FT NORTH TX 76112
LOT A
FRONTAGE RATE
FRED BASSETT SUB
-------------------------
239.50'PAVEMENT
239.50'CURB
34.49
3.26
AMOUNT ASSESSMENT
8260.36
780.77
9041.13
CHTJRCH
9041.13
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EPFIE STREET, FROM 8LGI11 TO WILLIE
The Assessment Paving Policy as revised July 28, 1987 (M&C G-7160), provides that the
property zoned and used as one or two family residential property in target areas
will not be assessed for street reconstruction. Onder this policy, the owners of the
following improved property zoned and used as one and two family residences will not
be assessed.
FRED BASSETT SIIBDIVISION
Lot B
STALCQP'S FIRST ADDITION
Block 8, Lot 10
Block 9, Lot 1
-3-
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BFFIE STREET
COST DISTRIBQTION
A PROPERTY OWNER....... ........ ......... ..... $ 24,087.27
B. FORT WORTH CITY. ... .. .... ... .. .. $ 30,634.69
STREET IMPROVEMENTS .. .......$ 28,028.88
ENGR INSP/ADMIN ...................$ 2,605.81
(5$ OF BID $ 52,116.15)
C TOTAL ESTIMATED PROJECT COST .. .. ... .. ..$ 54,721 96
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PEAS rER gut. i F .:
pity of 1Fort worth, ~l'~.~c~~
Accounrl~o• z
Y'~1ANSPDitTAT1ON~PUBUC .W OR . ~/~ /J
MATFiR AOMINISIRAT16t~ • ~I (f,/J/
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or an.tl Coa,~~s.cal ~om.~ra,un,a~ation,
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR THE PAGE
NUMBER ASSESSMENT PAVING OF EFFIE STREET, 3
1 of
11-21-89 C-12004 WILLIE STREET TO ELGIN STREET TO
JAMS W. JA
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the following fund transfers.
FROM TO AMOUNT REASON
94-009905-00 67-040189-00 $ 24,087.27 To move property
Special Assessments Effie Street owners' share of
Unspecified cost from Revolving
Fund to Project
Account.
67-040901-00 67-040189-00 $ 12,394.03 To provide funds
Inner City Streets Effie Street for the City's share
Unspecified of construction
cost.
76-206080-35 76-206080-56 $ 15,634.85 To provide funds
Eleventh Year Effie Street for street improve-
CDBG Inner City ments.
Streets
2. Authorize the City Manager to execute a contract with James W. Jackson,
Inc., in the amount of $52,116.15 based on its low bid for the
construction of Effie Street, Willie Street to Elgin Street,
3. Declare the necessity for and order the improvements to Effie Street,
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 December 19, 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.
«, ,
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR THE PAGE
NUMBER ASSESSMENT PAVING OF EFFIE STREET,.. Z 3
11-21-89 C-12004 WILLIE STREET TO ELGIN STREET TO ------ °' ---
DISCUSSION:
1
The 1986-88 Capital Improvement Program approved in March, 1986, included
funds for the improvement of Effie Street, Willie Street to Elgin Street.
Effie Street is in the Stop-Six target area, and CDBG funds .will provide 30%
of the construction cost.
This project is located in Council District No. 5.
PROJECT DESCRIPTION•
STREET LIMITS WIDTH/FEET ROW WIDTH/FEET
Effie Street Willie Street 26 40
to Elgin Street
IMPROVEMENTS.
Effie Street, from Elgin Street to Willie Street, is proposed to be improved
by constructing a six-inch thick reinforced concrete pavement with seven-inch
high attached concrete curb on a six-inch thick lime stabilized subgrade, so
that the finished roadway will be twenty-six feet wide on a forty foot
right-of-way. 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 21, 1989, after being
advertised on August 31~ and September 7, 1989, with 30 working days allotted
to complete the project.
BIDDER AMOUNT
James W. Jackson, Inc. $ 52,116.15
Harrod Paving Co. $ 59,015.65
Walt Williams Const., Inc. $ 65,358.75
Austin Paving Co. $ 67,933.95
Centerline Constructors, Inc. $ 71,027.20
J.L. Bertram Const. & Engr., Inc. $ 72,490.49
The low bidder is in compliance with the City's OBE Policy.
ENGINEER'S ESTIMATE OF COST•
Based on standard City policy and the low bid prices, the following
assessment rates have been established for Effie Street.
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6 inch thick reinforced concrete pavement $34.49/L.F.
7 inch high attached concrete curb $ 3.26/L.F.
6 inch thick concrete driveway approaches $ 3.21/S.F.
...
-a
DATE REFERENCE
NUMBER SUBJECT AWARD OF CONTRACT FOR THE PAGE
ASSESSMENT PAVING OF EFFIE STREET, 3 3
11-21-89 C-12004 WILLIE STREET TO ELGIN STREET TO °`--
JAMES W. JACKSON, INC.
The total cost for street improvements to Effie Street is distributed as
follows
Property owner's share of the cost $ 24,087.27 (44%)
City's share of the cost $ 30,634.69 (56%)
Total Estimated Cost $ 54,721.96
FINANCING
Sufficient funds are available as follows for transfers
FUND PROJECT PROJECT NAME AMOUNT
94 009905-00 Special Assessments $ 24,087.27
Unspecified
67 040901-00 Inner City Streets $ 12,394.03
Unspecified
76 206080-35 11th Year CDBG $ 15,634.85
Inner City Streets
Total $ 52,116.15
Upon approval and completion of Recommendation No. 1, sufficient funds will
be available as follows
FUND PROJECT PROJECT NAME AMOUNT
67 040189-00 Effie Street $ 36,481.30
76 206080-56 Effie Street $ 15,634.85
Total $ 52,116.15
Expenditures will be made from Index Codes 630335 and 658815 respectively.
Suff icient funds are available in Street Improvements Fund 67, Project
No. 095106-00, Engineering Salaries, to finance engineering inspection and
administrative costs.
APPROV~,~ 8Y
DAI j Ci~~ i~ViJ~ti~~.
N4V 2Y 1989
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY W i l l i a m. Woo d
DISPOSITION 8Y COUNCIL.
^ APPROVED
PROCESSED BY
ORIGINATING ^ OTHER (DESCRIBE;i I•
DEPARTMENT HEAD• G a r S a n t e r re ETARY
FOR ADDITIONAL INFORMATION GYtY 5eese
CONTACT qty o4 }•'p~ IO~~