Loading...
HomeMy WebLinkAboutOrdinance 10456ORDINANCE NO. / ~~~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVFI'~IT OF NORTHSIDE DRIVE FROM JACK5BOR0 HIGHWAY TO GRAND AVENUE , AS HE R ET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT 'PO HARROD PAVING COMPANY IN THE AMOUNT OF $176,080.00, FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COSTS OF SUCH IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Director of Transportation and Public Works for the City of Fort Worth, Texas (hereinafter referred to as the "Director"), has proposed the improvement of NORTHSIDE DRIVE, FROM JACKSBORO HIGHWAY 'TO GRAND AVENUE, which is hereby designated Project No. 67-023208-00, (said improvements being hereinafter referred to as the "Project"); WHEREAS, the Project shall entail the improvement of the street, avenue, alley, highway, boulevard, drive, public place, square or any portions thereof (hereinafter referred to singly and collectively as the "highway"), and shall be accomplished by filling, grading, raising, paving, repaving, repairing, constructing, reconstructing, realigning, widening, narrowing or straightening said highway, or the curbs, gutter or sidewalks and any appurtenances or incidentals thereto, including drains or culverts; WHEREAS, the City Engineer of the City of Fort Worth has prepared an estimate of the costs of the Project; WHEREAS, the City of Fort Worth has advertised and received bids, in accordance with TEX. REV. CIV. STAT. ANN., Articles 1105b and 236$a, 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 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 $184,884.00. 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 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. -~- j !, 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 HARROD PAVING COMPANY, 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 HARROD PAVING COMPANY, at and for the amount of $176,080.00. 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 twentyrone (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 2ND day of JANUARY, 1990 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 . ~( ~~ ~ ,~ PASS AND APPROVID THIS ~ IY~Y OF i'L~%/ // ~ ~ 19. APPROVED AS TO FORM AND LEGALITY: 1 ~~~~~iJ}' City Attorney Date: A h / 14~~ \ ~~ ~.2 11/ :0 ! 9 e2 23 ~ 5 1\\\~ S \\ 4 \ 1 3 ~ f3 ~~ ~~ tap! y~ 14 > `~~ ` ~ 5 \ 1 /~ 6 \ ~ sl /f! / ' ~ 10 6 ~ !5 ~ 5 l617/i8/~ 4 3 2 l !g f dq~, ~ '~S~O 'QO y~` OQ' EXHIBIT A .NOVEMBER 1989 i i / 13 i 20 21 iC \ 22 ^~ Or 2 ~ ~ -~-a ~~~ t,,, 3 ~~O A 5 6 ~~ ~ I ,~0~ !71615 f4 6, i ~2~~31W g~8~~ . 9 f3 ~r1 I I 12 it 6 T ERR4~E i0 s fe 1~ i6 1g, 1a i3~12 f f ~o 8 9~3 ST f l0 f112f 2 3,4'1''5 7!8~ 9 f0iff y+ / A TA f N~RTHSIDE DRIVE JACKSBORO HWY TO GRAND AVENGE PROJECT NOo 67-023208-00 ~ ~! 9/ r ~ 6 ~ ~ 21 5 ~ 22 ~ 4 2 i 2C ~! 22 t1 22 23 2 7 20 !6 21 15 22 fs ` 23 / 2i q~ S F 15 14 >g f3 28 qL 12/ 30 ;~` f 31 ~r l kF ~ DROJECT N0. 67-023208-00, NORTHSIDE DRIVE, FROM JACRSBORO HIGHWAY TO GRAND AVENUE, to be '~`^improved by constructing an eight-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 a double thirty-six foot wide with a seven foot wide median on a variable Right-Of-Way Six-inch thick concrete driveway approaches will be constructed where shown on the specifications OWNER ~ LEGAL DESCRIPTION ------------------------- BEGINNING AT JACRSBORO HWY -------------------------- EASTSIDE 000001917153 JESSIE MAE WINRLER 1224 JACRSBORO HWY FT WORTH TX 76114 BLR 134 LOT 3 BLR 137 LOTS 1, 2, 17 ZONING FRONTAGE RATE NORTH FORT WORTH ADDITION ------------------------- C 229.00'PAVEMENT 64.15 213.00'CURB 2.87 LESS CREDIT AMOUNT 14690.35 611.31 15301.66 4,589.14 ASSESSMENT ENHANCEMENT 9,160000 .ADJUSTED:*, ~, VACANT LOTS BEGINNING AT GRAND AVE WESTSIDE 000004687701 FRED C DODSON 1401 GRAND AVE FT WORTH TX 76106 BLK 133 1/2 LOTS 1, 24 C BELMONT TERRACE ADDITION 310.00'PAVEMENT 310.00'CURB 350 65'SF DR APPR 64 15 19886.50 2.87 889 70 2 68 939 74 21715.94 LESS CREDIT ENHANCEMENT ADJUSTED:#, APARTMENTS AND BUSINESS 9160 00 6,436,35 13,339074 13339.74 -1- y~ .r NORTHSIDE DRIVE, FROM JACRSBORO HIGHWAY TO GRAND AVENIIE COST DISTRIBUTION A. COST TO PROPERTY OWNERS.. ............ ...................$ 22,499074 B COST TO CITY OF FORT WORTH ...... ....... .....$ 162,384,26 Street Construction ..... .5.153,580026 Engr. Insp /Admin .. .. .$ 8,804 00 (5~ of bid $176,080.00) C TOTAL ESTIMATD PROJECT COST .. ........ $184,884.00 LEGEND' * Credit for curb inlet ~ Per City Policy Section 2D, Page VI-6, the property owner will be credited 30~ for the current life of the pavement, curb and driveway approach. Pavement Cost $64.15 X 70~ _ $44.91 Curb Cost $ 2.87 X 70~ _ $ 2.01 Driveway approach $ 2.68 X 70~ _ $ 1.88 -2- ~MASitlt fILE•1 ACCOUN~INa 2 YRANS-ORTAtiON~IU3l1 w ;R~~®~ ~~ „// ~~~~~~~ ~~~~~~~~~~~®~ HATER ADMIMISTRATiOM • ~'+]n//v, //6AMf•L U~'(~(.` DATE REFERENCE suB.lECT - AWARD OF CONTRACT TO HARROD PAGE NUMBER PAVING COMPANY FOR THE ASSESSMENT PAV- 3 12-5-89 C-12027 ING OF NORTHSIDE DRIVE FROM JACKSBORO i°r HIGHWAY TO GRAND AVENUE RECOMMENDATION It is recommended that the City Council 1. approve the following bond fund transfers FROM TO AMOUNT REASON 94-009905-00 67-023208-00 $ 25,992.11 To provide funds Special Northside Drive for the property Assessments owners' share of Unspecified the construction.. cost. 67-035901-00 67-023208-00 $150,087.89 To provide funds Miscellaneous ~dorthside Drive for the City's Streets and share of street. Drainage construction cost. Unspecified 2. authorize the City P1anager to execute a contract with Harrod Paving Company in the amount of $176,080.00 based on their low bid for the reconstruction of Northside Drive, 3. declare the necessity for and order the improvements to Northside Drive,, 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 January 2, 1990, 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. nrcrllccTnnl On July 12, 1988 (M&C G-7641), the City Council authorized the design of improvements to Northside Drive, Jacksboro Highway to Grand Avenue. Staff determined that this section of Northside Drive was in need of reconstruction and not suitable for maintenance practices. a DATE REFERENCE SUBJECT AWARD OF CONTRACT TO H RR D pgGE • NUMbE PAVING COMPANY FOR THE ASSESSMENT PAV- 2 3 12- 5-89 C-1227 ING OF NORTHSIDE DRIVE FROM JACKSBORO "'''-`~" - ~f `="' '' ,._ HIGHWAY TO R ,.. .. ~~ Necessary improvements to this pavement section, coupled with a recent resurfacing project, will provide the Northside Area with a substantially enhanced thoroughfare extending from Jacksboro Highway to Cold Springs Road. The reconstruction of Northside Drive from Cold Springs Road to I-35W is currently under design. This project is located in Council District No. 2. PROJECT DESCRIPTION: STREET LIMITS WIDTH/FEET ROW WIDTH/FEET Northside Drive Jacksboro Highway 2-36' Variable to Grand Avenue PROJECT DESCRIPTION• Northside Drive, frorn Jacksboro Highway to Grand .Avenue, is proposed to be improved by constructing an eight-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 double thi-rty-six foot wide with a seven foot wide median in a variable width 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 October 5, 1989, after being advertised on Septernber 14 and 21, 1989, with 35 working days allotted to complete the project. BIDDER AMOUNT Harrod Paving Company $176,080.00 Centerline Constructors $201,423.80 S. Hakim Concrete Construction $210,593.60 Walt Williams Construction, Inc. $214,676.90 Thomco Construction, .Inc. $221,135.10 J.L. Bertram Const. & Engr., Inc. $230,461.80 Austin Paving Company $238,140.40 The low bidder is in compliance with the City's DBE Policy. ENGINEER'S ESTIMATE OF COST FOR STREET IMPROVEMENTS nTL~ a~~ ~~ r;~« .. • 3 :, Based on standard City policy and the low bid prices, the following assessment rates have been established for Northside Drive. z, ` __ .a DATE REFERENCE NUMBER sue~ECT AWARD OF CONTRACT TO HARROD PAGE 12-5-89 C-12027 PAVING COMPANY FOR THE ASSESSMENT PAV- 3 3 °f-' ING OF NORTHSIDE DRIVE FROM JACK560R0 HIGHWAY TO GRAND AVENUE 8 inch thick reinforced concrete pavement $64.15/L.F. 7 inch high attached concrete curb $ 2.81/L.F. 6 inch thick concrete driveway approaches $ 2.68/S.F. The total cost for street improvements to Northside Drive is distributed as follows Property Owners' share of cost $ 25,992.11 (14%) City's share of the cost $1.58,891.89 (86%) Total estimated cost $184,884.00 FINANCING Sufficient funds are available as follows for transfer. FUND PROJECT N0. PROJECT NAME AMOUNT 67 035901-00 Miscellaneous Streets $150,087.89 and Drainage Unspecified 94 009905-00 Special Assessments $ 25,992.11 Unspecified Total 176,080.00 Upon approval and completion of Recommendation No. 1, sufficient funds will be available as follows FUND PROJECT N0. PROJECT NAME AMOUNT 67 023208-00 Northside Drive $176,080.00 Total $176,080.00 Expenditures will be made from Index Code 630335. Sufficient funds are available in Street Improvements Fund 67, Project No. 095106-00, Engineering Salaries, to finance engineering inspection and administrative costs. APPROVED B~ Ci~~ CoUNCr`~ DAI . j DEC 5 1989 SUBMITTED FOR THE CITY MANAGER'S Wi 11 i am Wood DISPOSITION BY COUNCIL. PROC S _fil~BY OFFICE BY ^ APPROVED ` ~ O~ ~• ORIGINATING DEPARTMENT HEAD• Gary Santerre ^ OTHER (DESCRIBE) Ci~r Of FO ~ ~ Y4 ~ N CI T ETARY SEC R DITIONAL INFORMPuT(O~Iday 8063 Atlopted Ord NT pa11C@ No CO AC . DATE