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HomeMy WebLinkAboutOrdinance 10356 ORDINANCE NO. 1 ~51~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PFd'JVIDING FOR THE IMPROVEMENT OF WABASH AVENUE, AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT 'IC) JAME5 W. JACKSON, INC., FOR THE MAKING AND CONSTRUCTION OF SUCH IMP120VEMENTS; 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 'IC) 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 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 SAP'iE 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 Worth, Texas improvement 67-024326-00, Director of Transportation and Public Works for the City of Fort (hereinafter referred to as the "Director"), has proposed the of WABASH AVENUE, which is hereby designated Projects ido. (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: BE IT ORDAINED BY THE CITY OOUNCIL 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 $ 36,789.22. 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 V~orth 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 (8g) 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 them ing an constructson of said Project, the contract therefore is hereby awarded to JAMES W. JACKSON, INC., at and for the amount of $ 35,037.35. 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 September, 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. VII. This ordinance shall take effect and be in full force and effect from and after the date of its passage. Q~n PASS D AND APPRUVID THIS U L~,Y OF ~u ~ r 19 ~Q APPROVED AS 'IC) FORM AND LEGALITY: City Attorney Date: ~~1 Tt. ~ W ~ ' .Z .t ~ , ~ -- ~ ~ :.~`- ' .~~ ~ , - o ~J ~ Z- ~ • 1 ~ '~Jp¢O 1 1 _ V~1 ~ mss. r F^ i` l i 0 7 8 Q ~~_ '~,~ f I = J -~_ ' ~` ~~ a 5 ~ a ~ ~ ~~. ,: A' } ~ 1/ _ ~_ J _:.~ - ~ .~ ~ ~ R ,~ ~ T 3A2 V'' B ~ TR P ~ - ~ `MOTEL t SiTE- A~! ~ ~/ C 4' ~ z 38 P ~.° nr srrr w-Ric•oR ~ ~" ' Q'~ 5 R-3 5 R -2 Ve 311.4 ~ SR_I ~ 3A-!~ _ i~ ~~ 2 t 8 +sa4 ~i ~ 9 G P < . cou~~ O Q 20 Q B s~ ~ 2g@ G ~ 22 i 6 C ~ = ca+~son e ~ i 3A- ~ ~ Q _ 2 4 ABASH AVII~CTE i7DLLTNSWpKrH STREET ~ 285' NORTH PRQ7I~7L'!' N0. 67-024326-00 JUNE 1989 PR0.TECT N0. 067-024326-00, WABASH AVENUE, FROM COLLINSWORTH STREET Zl~ APPROXIMATELY 285 FEET NOnTH, to be improved by constructing a seven-inch thick reinforced concrete pavement ~'` with a seven-inch high attached concrete curb on a six-inch lime stabilized subgrade so that the finished raodway will be thirty feet wide on a fifty foot rightrof way. Driveway approaches will be constructed where specified on the plans. OWI~R & LEGAL DESCRIPTION 7ANING FRIJrPTAGE RATE AMOUNT ASSESSMENT BDGINNING AT OOLLINSWORTH ST. MICHAEL HUGHES ESTATE ~~IEST SIDE 000001370979 JAMES N PATTERSON JR, ETAL ~ JERRY W PRICER & 00, INC I 56.OO'PAVF3~SFNT 40.33 2258.48 809 SCARLET SAGE CT 40.00'CURB 3.35 134.00 FORT WOK14i TX 76112 $2392.48 BIX 2 LOT 6-P 000001370960 MARK VINCENT FREDERICK, ETAL $ PETE FREDERICK I 220.00'PAVII~iENT 40.33 8872.60 P 0 BOX 121324 FORT W~'!4i TX 76121 $8872.60 BLK 2 LL7T 6-N ADJUSTMENT: ** -1- WABASH: A Cannunity Facilities Agreement (short form) provided the Developers Contributions towards the street improvement. The amount of $ 13,198.17 was prepaid by Joe R Dugger, Sud Properties Venture, for Carlson's Subdivision. Block 1, Lot 2. LDGEND: * Inlet credit ** Curb Gutter, Driveway approaches & sidewalk were constructed in 1983 less than 10 years old, qualifies for 100 credit. -2- WAEiASH AVFN[JE A. Property Owners by Assessment B. Developer contribution by Community Facilities Agreement C. Fort Worth City C-1 Street Construction $ 10,574.10 C-2 Engr.Inspection / Admin. $ 1,751.87 (5$ of bid $ 35,037.35) D. TOrTAL ESTIMATID PROJECT QOST $ 11,265.08 $ 13,198.17 $ 12,325.97 $ 36,789.22 -3- VASTER FILE•11 / ~,, ~.r.-.-yr~.~ ACt" ' JNtiN~! :`: R1IANSP.ORTAtfON~PUBI.IG W Ka ~~®~ N~LEIt ADMINIS7RA77C~ ~ ~i~y ®f 1F®~°~ ~~~°th, ~Ce.~~~ DATE REFERENCE SUBJECT AWARD OF CONTRACT TO JAMES W. PAGE NUMBER JACKSON INC. FOR THE ASSESSMENT 3 8/8/89 **C-11.792 ,~ L I 1 °f ' WORTH STREET TO 285 FEET NORTH RECOMMENDATION It is recommended that the City Council 1. approve the following bond fund transfers From To 94-009905-00 67-024326-00 Special Wabash, Assessments Collinsworth- Unspecified 285' North 67-024901-00 67-024326-00 Assessment Wabash, Paving Collinsworth- Unspecified 285' North Amount Reason $11,265.08 To move property owner's share of cost from Revolving Fund to Project Account. $10,574.10 To provide funds for the City's share of construction cost. 2. authorize the City P1anager to execute a contract with James W. Jackson, Inc., in the amount of $35,03.7.35 based on their low bid for the construction of Wabash Avenue from Collinsworth Street to 285' north, 3. declare the necessity for and order the improvements to Wabash Avenue from Collinsworth Street to 285' north, 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 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. nrcriiccTnni Mr. Joe K. Dugger, the developer of Carlson's Subdivision, Block 1, Lot 2, has executed a short form Community Facilities Agreement for the construction of Wabash Avenue frorn Collinsworth Street to 285' north. The developer will ^~"-~ a DATE REFERENCE sus~ECT AWARD-OF CONTRACT TO JAMES W. PAGE NUMBER JACKSON, INC., FOR THE ASSESSMENT 2„ 3 8-8x89 **C-11792 PAVING OF WABASH AVENUE FROM CO_LLINS- °f WORTH STREET TO 285 FEET NORTH ~~ u; ~,. prepay $13,198.17 f or his share of the cost for street improvements adjacent to Lot 2, Block ~, Garlson's Subdivision. A carwash has recently been completed at the corner of Collinsworth and Wabash. Wabash Avenue is in poor condition, never having been built to City standards. This project is located in Council District No. 3. PROJECT DESCRIPTION Street Limits Width/Feet Row/Width/Feet Wabash Avenue Collinsworth Street 30 50 to 285' North PROPOSED IP1PROUEP1ENTS It is proposed to improve 6Jabash Avenue by constructing a seven-inch thick reinforced 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 thirty feet wide on a fifty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where showm on the plans. RECEIPT OF BIDS. Bids for the project were received on May 25, 1989, after being advertised on May 4 and May 11, 1989, with 30 working days allotted to complete the project. Bidder- Amount James W. Jackson, Inc. $35,037.35 Walt Williams Const., Inc. $38,475.50 Centerline Constructors, Inc. $38,518.54 Harrod Paving Co. $40,392.77 Howard Cement Construction $42,971.15 Thomas Const „ Inc. $56,596.50 Austin Paving Co. $61,288.45 The low bidder is in compliance with the City's MBE/WBE 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 Wabash Avenue. s .~ ;~ .~ 7 Inch Thick Reinforced Concrete Pavement $40.33/L.F. 7 Inch High Attached Concrete Curb $ 3.35/L.F. Fs ~~~ i.'TL'~ DATE REFERENCE NUMBER SUBJECT AWARD OF CONTRACT TO JAMES W. PAGE 8/8/89 **C 11792 JACKSO N, INC., FOR THE ASSESSMENT 3 or 3 WORTH STREET TO 285 FEET NORTH The total cost for street improvements to Wabash Avenue is distributed as follows Property Owner's Share of the Cost $24,463.25 City's Share of the Cost 12,325.97 Total 36,789.22 FINANCING Sufficient funds are available for transfer from Street Improvement Fund 67 Project No. 024901, Unspecified-Misc , ellaneous Assess Paving. Upon approval and completion of Recommendation No . 1, sufficient funds will be available in Street Improvement Fund 67, Project 024326-00, Wabash, Collinsworth - 285' north, to finance this contract. 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 administrative costs. DAI f/6 APPROVED BY CITY COUNCI! ~uG 8 1989 ~~ Cfty S~otetaty of the City of Fort Worth. Tio~c~ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY Davi d Ivor DISPOSITION BY COUNCIL: PROCESSED BY y ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) C DEPARTMENT HEAD Gary Janterre CITY SECRETARY FOR ADDITIONAL t FOR ATION CONTACT ~ro~et 7805 DATE