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Home My WebLink AboutOrdinance 10366 ORDINANCE NO. ~<~~Y~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PEN5ACOLA STREET, _F_R_OM OLD BENBROOK ROAD TO U.S. HIGHWAY 377, ASSET FORTH; APPROVING PROJECT .. .. PE - r ILA ~ ~ G AND APPROVING ESTIr~ATE OF COSTS; LETTING CONTRACT TO JAMES W. JACKSON ,INC. IN THE AMOUNT OF $ 58,772.50 ., 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 T'0 FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRAN'T COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVFI~IENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1I05b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTIPJG THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF TEiE 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 PENSACOLA AVENUE , FROM OLD BENBROOK ROAD TO U.S. HIGHWAY 377, which is hereby designated Project No. 67-040168-00, (said improvements being hereinafter_ referred to as the "Project"); ___._ VJf-~REAS, 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 o_r culverts; 'vVI-iEREAS, the City Engineer of the City of Fort Worth has prepared an estimate of the costs of the Project; 'v~1riEREAS, 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- .~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. There exist a public necessity far 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 $ 61,711.13. 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 ti7e property abutting the Project and the o~mers t'nereof 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 a'utting 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 of ter 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. -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 'oy Articles 1105b and 2368a and the lovrast bid of JAD'IES 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 $ 58,772.50. ~~~+~ 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 17th day of October, 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 aril 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. -3- VII. This ordinance shall take effect and be in full force and effect from and after the date of its passage. ))~ PA AND APPROVED THIS ____~~L~. DAY OF _--- - -- ` 19~---. APPROVED AS ~ FORM AND LEGALITY: City Attorney -~ ____ Date: -4- ~,~ ,.' Z2 s ' , 7 D.4vElvppRT - - S °~ ~ ~ a S •~ ,s ~'' , ~ ~ ~~~ ,s _ I 1 °b~ ~ o. S u-,~1,=i~,~,o~, - ~~ r : • - - ~ GASTON rs 22 ,~ L ~ ~ Z~ ; ~ ~ ;1~T~ v7 • ~~ 'Q ' ~ 4 i S ~ ~ - 1 J' ~~ 1R ~ ~' 1 .3 '4 Cpl 3 ~ I ~ 1 i ~ _ ~ ~~ 0 vP ~~ v~ a ~ r~ '~.,e ~ Z >~ ~s ~ Q I r, , s• u st tt to n u n ; ,~ w~ 2 3 ~. '~ ., ~~ ~~~ h ~;e ~ s~ a e n s e ~~A~ ~ 9~ ; o / ~h /°7 l~ ~ r -~-.~ i ~ 2 ~ J V y e Q x W r- i Q J ~ 20 Q ~~ ~ f • 2, ty ~ ~ ~ rr ~ K is to . za tt - tr I t alN~, q - to , t 4 ~ '~ ST ar ' EWIkG ~1 ^ ~ z ~ 4 ~1 ; `~e ? ~ e 9':,o a ,t s w f • ~ 1 - ~l / PENSACOLA AVENCJE (OLD BENBROOK ROAD TO HWY-377) PROJECT NOo 67-040168-00 JUNE 1989 ar DJECT N0. 67-040168-00, F` PENSP,COLA AVf~1[JE, FROf'd OLD BENBROOK ROAD 'IU U.S. 377, is to be ~y unproved by constructing a six-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 road- way will be thirty feet wide on a fifty foot right-of-way. ~J'];R & LEGAL DESCRIPTIOPJ OLD BECJBROOK ROAD :JORTH SIDE 000005536243 ti~RREra COURT ~~1 A ~ i N : VERNE GARRI SOPJ 910 HOUSTON FT 6JORTH TX 76102 RUC 22 L,(7I' 1R ZONIPJG FRONTAGE RATE RIDGECREST ADDITION 316.00'ADJUSTED: C 286 , 00' PAVF~`'IENT 35.85 270.00'CURB 3.11 10253.10 839.70 ii092.80 ADJUSTED: *,** VACANT LOT 000002387301 FRANK W MADDUX 4014 4JHITE SEITLEr1ErJT E FT WORTH TX 76107 BLK 22 LOT 18 ALIJUSTED: *,** BUSINESS STATE H~JY 377 IPJTERSECTS ;O`JTIi 3I DE 000002387463 T'n~J~C W MADDOX 4014 WHITE SETTLII~'IENT FT PJORTH TX 76107 3LK 23-R LOT 13 RIDGEr~REST ADDITION 210.00'ADJUSTED: 180.00'PAVEMENT 35.85 170.00'CURB 3.11 RIDGECREST ADDITtOr3 209.00'AA7USTED: E 179.00' PAVEr4ENT 174.00'CURB 35.85 3.11 6453.00 528.70 6981.70 6417.15 541.14 6958.29 ADJUSTED:*, ** BUSII~SS ASSESSP~IE~ JT 11092.80 6981.70 69 58.29 -1- J O' ~1ER ~ LEGAL DESCRIPTION ~ ZONFPJG ~' OLD 3L~ dBROOY, }~(JAD SOUTH SIDE 4. ~----------- 000004433254 FRANx w ~~ES~wzND APT 7?.08 AIRPORT ~'n C Fr ~aoRTx Tx 76117 BLK 23R LfJT 1 ADJUSTED: *,** APAFrI'MfNTS FRONTAGE RATE AMOUNT RI~ECREST ADDITION 328.00' ADJtISTEll 298.00'PAVF~"IEi3I' 35.85 10683.30 244.00'CURB 3.11 758.84 11442.14 -2- ASSESSE'IENT' 11442.14 I Y~ PENSACOLA AVENUE C06T DISTRIBUTION: A. Property Owner 3. Fort Worth City Construction Engr Ins~~ / Admin (5~ of bid $58,77?.. 50) $ 22,297.57 $ 2,938.63 C . TOTAL ESTIMATED PFd~7F L [' (;QS'T LEGE[']D: * Curb inlet cr~:~~r tt Credit for 30' Drainage Easement $ 36,474.93 $ 25,236.20 $ 61,711.13 -3- ~1; MAarF~ s~t~• s " .~ ,R ~CCOUNt~NG:z OytRANSPORTATION~VUBUC WO~V(,/(i ly/ ~ Q yYATER ADMINISTRATION ~ e1~ DATE REFERENCE NUMBER 8/22189 **C-11824 RECOMMENDATION. .r SUBJECT CONTRACT AWARD FOR ASSESSMENT PACE PAVING OF PENSACOLA STREET (OLD BEN- 3 BROOK ROAD TO U.S. HIGHWAY 377) TO 1Of JAMES W. JACKSON, INC. It is recommended that the City Council 1. approve the following bond fund transfers. -- FROM "~ ~ ~~ 94-009905-00 Special Assessments Unspecified b7-040901-00 Inner City Streets Unspecified TO 67-040168-00 Pensacola Avenue from Old Benbrook Road to U.S. Highway 377 67-040168-00 Pensacola Avenue from Old Benbrook Road to U.S. Highway 377 AMOUNT REASON $36,474.93 To move property owner's share of cost from Revoly- ing Fund to Pro- ject Account. $22,297.57 To provide funds for the City's share of the con- struction cost. 2. authorize the City Manager to execute a contract with James W. Jackson, Inc. ~in the amount of $58,772.50 based on their low bid for the construction of Pensacola Avenue from Old Benbrook Road to U.S. Highway 377, 3. declare the necessity for and order the improvements to Pensacola Avenue from Old Benbrook Road to U.S. Highway 377, 4. authorize the assessment of a portion of the cost of Pensacola Avenue 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 October 17, 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. DISCUSSION: The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Pensacola Avenue from Old Benbrook Road to U.S. Highway 377. Pensacola Avenue abuts commercial property only. DATE REFERENCE SUBJECT CONTRACT AWARD FOR ASSESSMENT PAGE NUMBER PAVING OF PENSACOLA STREET (OLD BEN- =2 3 8/22/89 **C-11824 BROOK ROAD TO U .S . HIGHWAY 377 ) TO --~- °r ~_ JAMES W. JACKSON, INC. This project is located in Council District No. 3. PROJECT DESCRIPTION: STREET Pensacola Avenue LIMITS WIDTH/FEET Old Benbrook Road 30 to U.S. Highway 377 PROPOSED IMPROVEMENTS: ROW WIDTH/FEET 50 It is proposed to improve Pensacola Avenue by constructing a six-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 30 feet wide on a fifty foot right-of-way. RECEIPT OF BIDS Bids for the project were received on June 15, 1989, after being advertised on May 25 and June 1, 1989, with 45 working days allotted to complete the project. BIDDER AMOUNT James W. Jackson, Inc. $58,772.50 Harrod Paving Company $61,184.00 S. Hakim Concrete Construction $62,498.15 Walt Williams Construction, Inc. $67,076.70 J.L. Bertram Construction & Eng. Inc. $68,798.75 Austin Paving Company $73,544.26 P.C. Construction, Inc. $78,507.50 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 Pensacola Avenue 6" inch thick reinforced concrete pavement $35.85/LF 1" inch high concrete attached curb $ 3.11/LF ~_ . ;a,t'~~ -ta The total cost for street improvements to Pensacola Avenue is distributed as follows s~ u~" "'971, F DATE REFERENCE NUMBER suB~ECr CONTRACT AWARD FOR ASSESSMENT PAGE 8/22/89 **C-11824 PAVING OF PENSACOLA STREET (OLD BEN- 3 3 -- °` _- HIGH Y 3 1 T JAMES W. JACKSON, INC. Pvoperty owner's share of the cost $36,474.93 (59%) City's share of the cost $25,236.20 (41%) Total Estimated Cost 61 711.13 FINANCING Sufficient funds are available for transfer in Assessments Paving Fund 94, Project No. 009905-00, Special Assessments Unspecified, and Street Improvements Fund 67, Project No. 040901-00, Inners City Streets Unspecified. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvement Fund 67, Project No. 040168-00, Pensacola Avenue. 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.j APPROVED BY ci~r couNCi~ auG ~2 1989 9~~~~ c~rr s~~to~r ~ ehe c}c~ oe Fort worth, rya. SUBMITTED FOR THE CITY MANAGER'S OFFICE BY David Ivory DISPOSITION BY COUNCIL. ~ APPROVED PROCESSED BY ORIGINATING DEPARTMENT HEAD Gary Santerre ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INF„QRM TIQN Ado CONTACT raf a 7805 ted Ordinance No y DATE