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HomeMy WebLinkAboutOrdinance 10355ORDINANCE NO. © ~SLJ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF FARON STREET FROM WEST VICKERY BOULEVARD TO FLETCHER AVENUE, AS HEREINAFTER SET FORTH; APPROVING PE~JECT PLAPIS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO H.B. ZACHRY CO., FOR THE MAKING AND CONSTRUCTION OF SUCH IMPRO PRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING P1~VISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE OOSTS 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 ~ 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 FARON STREET, FROM WEST VICKERY BOULEVARD TO FLETCHER AVENUE, which is hereby designated Project No. 67-040175-00, (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: -1- _3 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 $ 353,097.16. 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 instalments, 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 ir~-ediately 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 H.B. ZACHRY CO., 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 H.B. ZACHRY CO., at and for the amount of $ 336,283.01. 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 Se tember, 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. V1s 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- . ' ~ w 7 `-. a. V 11• This ordinance shall take effect and be in full force and effect from and after the date of its passage. ~~ PASSF~„ AND APPROVID 'IY~iIS LY~Y OF ~ APPROVED AS 'IO FORM AP1D LEGALITY 19 City Attorney Date: -4- °~~ FARON STREE°I' WEST VTQ~RY TO FLEI'C~~R JUNE 1989 PROJECT NO. 67-040175-00 f __~_______ _.._~_- - ~~. ~~£ PRU~,~~C'T~ N0. 67-040175-00, FARON STREET, FROM W. VICKERY BOULEVARD '113 FLETCHER ~Ri~, to be improved by constructing a six-inch thick reinforced concrete pavement with a seven-inch high concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be variable from 28 to 30 feet wide on a sixty foot Right-Of-Way. Six-inch thick reinforced concrete driveway approaches will be constructed where shown on the plans. OWNER & LEGAL DESCRIPTION BEGINNING AT W VICKERY BLVD EASTSIDE 000001179886 C.W. VELVINGTON 200 ZANZIBAR GRANBURY TX 76104 BLR 32 IIJT 3 J ZONING FRONTAGE RATE HARLEM HILLS ADDITION 116.00'AD3LISTED F 104.00'PAVF~'iENT AMOUNT ASSESSMENT 27.95 2906.80 2906.80 2906.80 AA7USTED:*, BUSINESS 000001].79535 BRUCE S. BARKER 2529 E LANCASTER B FT WORTH TX 76103 BLK 27 IIJT 20 =~ ~UACANT LOT 000001178393 ZACK H POWELL 5120 KILPATRICK B FT WORTH TX 76107 BLK 18 LOT 20 / i s (VACANT LOT I HARLEM HILLS ADDITION 125.00' PAVF~4ENT 26.11 125.00'CURB 2.60 ~, ,~Sro 3263.75 325.00 3588.75 35$8.75 CHAMBERLAIN ARL HTS #2 F 121.00' PAVF~IENT 121.00'CURB 26.11 3159.31 2.60 314.60 3473.91 3473.91 w 35~. R -1- t ~ ~ ~i "+, ~ OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT CHAMBERLAIN ARL HTS #2 F 000000496502 CHARTER INVESTMENTS 2501 PARKVIEW DR STE 300 B 124.00'PAVEa~tENT 26.11 3237.64 FT WORTH TX 76102 124.00°CURB 2.60 322.40 BLK 10 IAT 10 ~ 93.95'SF DR APPR 2.68 251.79 3811.83 VACANT LOT 000000511102 MORRIS ROBERTS 5632 HELMICK FT WORTH TX 76107 BLK 101 LOT 21 ..VACANT LOT 000000504807 RALPH C ALDRIDGE 4505 EDGEWOOD TERRACE FT WORTH TX 76179 BLK 65 LOT 20 A]~TUSTED:BUSINESS, # 000000503754 LARRY SWINNEY RT 1 BOX 1830 BURLESON TX 76028 BLK 60 LOT 21 A17JUSTED: # CHAMBERLAIN ARL HTS #2 F B 125.00'PAVEMEIVT 26.11 3263.75 125.00'CURB 2.60 325.00 3588.75 CHAMBERLAIN ARL HTS #2 F I 124.00'PAVEMENT 27.95 3465.80 ASSESSMENT 3811.83 ~~,, 397s 3588.75 `~~~ 3465.80 CHAMBERLAIN ARL HTS #2 F I 125.00'PAVEMENT 27.95 3493.75 3465.80 ~~. 3 S'~ 3493.75 3493.75 ~y~ 3~oD . 00__ 4 -2- ti ~~ r ~'i OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ----------- y .^HAMBERLAIN ARL HTS #2 F 000000503851 LAKE COMO CHURCH OF CHRIST 5601 FLETCHER C 127.00'PAVIIKENT 27.95 3549.65 FT WORTH TX 76107 BLK 61 LOT 1 ,i ASSESSMENT 3549.65 ADJUSTED:CHURCH, # WESTSIDE 000000504025 FAKE COMO CHURCH OF CHRIST 5601 FLETCHER FT WORTH TX 76107 BLK 61 LOT 40 r CHAMBERLAIN ARL HTS #2 F C 125.00'PAVEMENT 27.95 3493.75 3549.65 .~~`"' , AL17U5TED:CHURCH PARKING LOT, # 000000101656 NELLIA B HENRY 5833 BLACKMORE FT ti~JORTH TX 76107 BLK 64 LOT 1 -~ VACANT LOT 000000507733 DAN M & JEFFRIE D EVANS 1513 ANDANTE DR FT WORTH '.L'X 76134 BLK 82 TAT 40 U 3493.75 3493.75 CHANIBERLAIPJ ARL HTS #2 F ~" '~ ~~ E 123.O0'PA~ 26.11 3211.53 123.00°CURB 2.60 319.80 3531.33 3531.33 CHAMBERLAIN ARL HTS #2 F 3~~ E 127.OO'PAVEMENT 26.1.1 3315.97 127.OO'CURB 2.60 330.20 137.7O'SF DR APPR 2.68 369.04 4015.21 ADJUSTED:*,'~*, BUSINESS 4015.21 ~. rov -3- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT CHAMBERLAIN ARL HTS #2 F 000000510157 HENRIETTA HAYES 5601 LIBBEY AVE E 124.00°PAVII~]T 26.11 3237.64 FT WORTH TX 76107 124.00'CURB 2.60 322.40 BLK 97 LOT 1 .! ASSESSMENT ° 000000510351 RUFUS RANDLE 5600 BLACKMORE FT WORTH TX 76107 BLK 97 LOT 40 .i CHAMBERLAIN ARL HTS #2 F B 125.00'PAVEMF.NT 125.00°CURB 3560.04 26.11 3263.75 2.60 325.00 3560.04 ~ ~~ 3588.75 VACANT LCYI' 000000510971 YVONNE GRAY 5332 WELLESLEY AVE FT WORTH TX 76107 BLK 100 L/JT 40 CHAMBERLAIN ARL HTS #2 F B 126.00' PAVEMENT 126.00'CURB 26.11 3289.86 2.60 327.60 3517.46 VACANT LOT '4° 3588.75 ~'~~ ~~ , 3617.46 a~°°' ~ ~w e ~~ Y ~<~~ `~- FARON STREET, WEST VICKERY BOUI.E'~IARD TO FLECTHER AVENUE The Assessment Paving Polcity as revised July 28, 1987, (M&C G-7160) 1987, provides that property zoned and used as one or two-family residential property in target areas will not be assessed for street reconstruction. under this policy, the owners of the follwoing improved property zoned and used as one and two-family residences will not be assessed. HARLEM HILLS ADDITION: Block 27, lot 10 Block 23, lots 10 & 20 Block 18, lot 10 Block 19, lots 11 & 19 Block 22, Lots 1 & 11 Block 28, Lots 1 & 11 Block 31, Lot 1 CHAMBERLAIN ARLINGTON HEIGHTS ADDITION: Block 10, lot 20 Block 5, lot 5 Block 128, lot 20 Block 119, lots 20 & 21 Block 114, Lots 20 & 21 Block 101, lot 20 Block 96, lot 20 & 21 Block 83, lots 20 & 21 Block 78, lots 20 & 21 Block 65, lots 20 & 21 Block 60, lot 20 Block 64, lot 40 Block 79, lots 1 & 40 Block 82, lot 1 Block 100, lot 1 Block 115, lots 1 & 40 Block 118, lots 1 & 40 Block 127, lot 1 Block 6, lot 1 Block 9, lots 1 & 11 ~• * Adjusted for project limits. ** Part of lot has residence fronting Libbey, Business fronts Faron. # Existing curb & gutter to remain, therefore, no assessment charge. -5- .~-a '~ ~;•~ FARON STREET, FROM W. VICKERY BOULEVARD TO FLETCHER DRIVE COST DISTRIBUTION: A. Property Owners by assessment B. Fort Worth City (B1) street improvements (B2) Engr. Insp./Admin. (5$ of bid $336,283.01) C. Total estimated project oust $286,597.23 $ 16,814.15 $ 49,685.78 $303,411.38 $353,097.16 ~~ -6- ry MAtli ER iJ(cE•>I ~ ..r "z t s. . Y ~ -~ - ~~ty of 1F®~°~t ~®rth, ~e.~~~ ---- ACLbUHT1N©•;Z S'RANSApRTAT10Nf PU8l.IC YIO~// ~ //~~'O ~~~ ~®~ Q,~~~~ ~ ~®U U lV~ IVIV U (l+ (L~'l.W ~ (L®~ NA1'ER ADMINISZRATIOM i ,W/e~lJ~( U LL~w..luVv~ ~~~1~L./// u~ur y c_~1J ,. ~.. DATE REFERENCE SUBJECT AWARD OF CONTRACT TO PAGE NUMBER H. B. ZACHRY CO. FOR THE ASSESS 3 8/8/89 **C-1179T- MENT PAVING OF FARON STREET FROM 1of WEST VICKERY TO FL'ETCHER AVENUE 'RECOMMENDATION It i.s~,r~commended that the City Cou ncil 1. approve the following bond fund transfers FROM TO AMOUNT REASON 94-009905-00 67-040175-00 $49,685.78 To move property Special Assessments Faron Street owner's share of Unspecified (W. Vickery Blvd. cost from Revoly- To Fletcher Ave.) ing Fund to Project Account. 67-040901-00 67-040175-00 $185,712.33 To provide funds Inner City Faron-Street for the City's Streets (W. Vickery Blvd. share of Unspecified To Fletcher Ave.) construction cost. 76-206080-35 76-206080-51 $100,884.90 To provide funds Eleventh Year Construction of for street improve- CDBG Inner City Faron Street ments. Streets (W. Vickery Blvd. To Fletcher Ave.) 2. authorize the City Ptanager to execute a contract with H. B. Zachry Co. in the amount of $336,283.01 based on their low bid for the construction of Faron Street from West Vickery Blvd. to Fletcher Avenue, 3. declare the necessity for and order the improvements to Faron Street from West Vickery Blvd. to Fletcher Avenue, 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 September 5, 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 r a_ DATE 8/8/89 ~~ WEST VICKERY TO FLETCHER AVENUE ,, .,a r,~ .tea ~ S ~ ~ F PAGE ~~` ~~` n ~ s 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. nrcriircrnn~ The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Faron Street from West Vickery Blvd. to Fletcher Avenue. The project is located in the Como target area which qualifies for Community Development Block Grant Funds. CDBG funds will provide 30% of the construction cost. This project is in Council District No. 7. PROJECT DESCRIPTION STREET LIMITS WIDTH/FEET ROW/WIDTH/FEET z Faron Street W. Vickery Blvd. Variable 60 To Fletcher Ave. 28 to 30 PROPOSED IMPROVEMENTS It is proposed to improve Faron reinforced concrete pavement with a a six-inch thick lime stabilized be variable from 28 to 30 feet wide thick reinforced concrete driveway on the plans. RECEIPT OF BIDS Street by constructing a six-inch thick seven-inch high attached concrete curb on subgrade so that the finished roadway will on a sixty foot Right-of-Way. Six-inch approaches will be constructed where shown Bids for the project were received on May 25, 1989, after being advertised on Play 4 and 11, 1989, with 56 working days allotted to complete the project. Bidder Amount H. B. Zachry Co. $336,283.01 J. L. Bertram Const. & Engineer, Inc. ~3 3,8~5~ Harrod Paving Co. $366,152.65 Walt Williams Const., Inc. $369,608.88 Camino Construction $389,274.75 Austin Paving $396,539.94 Southwestern Contracting Co. $480,188.20 The low bidder is in compliance with the City's MBE/WBE policy. ~, h r y`. ~' .~ - . - ...~ -. 'y ~ -~:' .w ~.,-~-•' . DATE REFERENCE ~ SUBJECT AWARD OF CONTRACT TO PAGE NUMBER 8/8/89 **C-11791 H. B. ZACHRY CO. FOR THE ASSESS- 3 or 3 WEST VICKERY TO FLETCHER AVENUE 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 Faron Street. 6 inch thick reinforced concrete pavement (30' wide) $27.95/L.F. 6 inch thick reinforced concrete pavement (28' wide) $26.11/L.F. 7 inch high concrete attached curb $ 2.60/L.F. 6 inch thick reinforced concrete driveway approaches $ 2.68/S.F. The total cost for street improvements to Faron Street is distributed as follows. Property owners' share of the cost $ 49,685.78 (14go) City's share of the cost $303,411.38 (86%) Total estimated cost $353,097.16 FINANCING Sufficient funds are available for transfer from Street Improvement Fund 67, Project No. 040901-00, Inner City Streets Unspecified and from Grant Fund 76, Project No. 206080-35, Eleventh Year CDBG Inner City Streets. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvement Fund 67, Project 040175-00, Faron Street to Fletcher Avenue and Grant Fund 76, Project No. 206080-51, Construction of Faron Street to Fletcher Avenue. Expenditures will be made from Index Codes 630335 and 658815 respectively. Sufficient funds are available in Street Improvements Fund 67, Project No. 095105-00, Engineering Salaries, to finance engineering inspection and administrative costs. DAI b/6 APPROVED BY CITY COUNCIL AU6 8 1989 ~~. Cite SeccetaLy of the 6~- Citp of Fort Worth, 1'exae .: SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED: BY OFFICE BY David Ivor ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HE/~ry Santerre CITY SECRETARY FOR ADDITIONAL INFOD418'1~I@{~ 7805 AdOpt~d ditTaROe No. DATE CONTACT