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.
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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 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.
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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 . ~( ~~ ~ ,~
PASS AND APPROVID THIS ~ IY~Y OF i'L~%/ // ~ ~
19.
APPROVED AS TO FORM AND LEGALITY:
1
~~~~~iJ}' City Attorney
Date:
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EXHIBIT A
.NOVEMBER 1989
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N~RTHSIDE DRIVE
JACKSBORO HWY TO GRAND AVENGE
PROJECT NOo 67-023208-00
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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
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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
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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.
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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.
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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
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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
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Based on standard City policy and the low bid prices, the following
assessment rates have been established for Northside Drive.
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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
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ORIGINATING
DEPARTMENT HEAD• Gary Santerre ^ OTHER (DESCRIBE)
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