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HomeMy WebLinkAboutOrdinance 10211S~ ORDINANCE N0. GYM AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT' OF IARIN AVENUE , FROM MILLER AVENUE Ta HUGHES AVENUE , BURTON AVENUE, FROM FARRELL LANE 2'0 STALCUP ROAD, FARRF.T,T, LANE, FROM COTTEY STREET 'TO FITZHUGH STREET AND VIRGIL STREET, FROM IRIS STREET TO VILLAGE CREEK ROAD, AND VIRGIL STREET, FROM WIMAN DRIVE TO ANGLIN DRIVE AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT 'I'0 HARROD PAVING COMPANY, INC. FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVE[~'IEN'I'S; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRID; 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 11O5b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY `I~0 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 LORIN AVENUE, FROM MILLER AVENUE 'I'0 HUGHES AVENUE, BURTON STREET, FROM FARRELL LANE 'ISO STALCUP ROAD, FAR_RELL LADE, FROM COTTEY STREET TO FITZHUGH STREET AND VIRGIL STREET, FROM LOIS STREET TO VILLAGE CREEK ROAD, AND VIRGIL STREET, FROM WIMAN DRIVE TO ANGLIN DRIVE which is hereby designated Project No. 067-040137-00, (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; Wf1EREAS, 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 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 $388,609.78 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~~~rabutting 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 (9/10ths) 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 eit'ner of the alternatives specified, the assessment shall bear interest from the date of acceptance o:E 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. In addition, the City Attorney shall have the authority to authorize terms of payment different than tc~iose 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_ fiARROD PAVING COMPANY, INC. having been found to be the lowest and 'oest bid for the making and construction of said Project, the contract therefore is hereby awarded to HARROD PAVING COMPANY, INC., at and for the amount of $ 370,104.55. 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 20th day of December 1988, 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 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. .~~ PASSE~f~~ APPROVED THIS ~ DAY OF ~ , 19_1~'~• APPROVED AS TO E~RM AND LEGALITY: City Attorney Date: :.~: _ ., ~. ACGOlIN7iNG 2 ~j~t~ ~/~ Jl ~t19"~ ~®D°`,h,~ ~~i~'lA„~' JRANSpORI'ATIONrf~UBLIC .Wp g, V1A7'ER ADMINIa7RA'Pi6N ~3 REAL, pROpEtt7't DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR RECONSTRU - PAGE NUMBER TION OF PORTIONS OF LORIN AVENUE 4 11/22/88 C-11312 LANE ~ ' °f IMPROUEMENT OF VIRGIL STREET, AND RELATED WATER MAIN REPLACEMENT RECOMMENDATIONS It is recommended that the City Council 1. approve the following bond fund and interfund transfers FROM TO AMOUNT REASON 94-009905-00 67-040137-00 $ 396.48 To move property Special Assessments Lorin, Burton owner's share of Farrell, Virgil cost from Revolving Fund to project account. 67-040901-00 67-040137-00 $324,517.59 To provide City's Reconstruction Lorin, Burton share of construction Unspecified Farrell, Virgil cost. 76-206080-35 76-206080-48 $ 45,190.48 To provide funds for Eleventh Year Lorin, Burton CDBG share of con- COBG Inner- Farrell struction cost. City Streets 45-60-90-20 53-017080-00 $230,000.00* To provide funds for Water and Water Main 8-inch and 6-inch Sewer Replacement water main replace- Lorin, Burton, ments. Farrell, Virgil *Funds in excess of the bid amount are to provide for inspections and other administrative costs. 2. authorize the City Manager to execute a contract with J.D. Vickers, Inc., in the amount of $220,491.95 based on its low bid for replacement of 6-inch and 8-inch water mains in Lorin, Burton, Farrell and Virgil. 3. authorize the City Manager to execute a contract with Harrod Paving Co., Inc., in the amount of $370,104.55, based on its low bid for reconstruction of Lorin, Burton, Farrell, and improvement of Virgil Street. 4. authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property on Lorin Avenue, 5. approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 6. establish December 20, 1988, as the date of the benefit hearing; 1. authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of ...- - ~ ~. GATE REFERENCE SUBJECT AWARD OF CONTRACT FOR RECONSTRU - PAGE NUMBER TION OF PORTIONS OF LORIN AVENUE, 2 04 11/ 2 2/ 8 8 C-11312 gllRTON STREET AND FARRELL ~ L'ANE IMPROVEMENT OF VIRGIL STREET, AND RELATED WATER MAIN REPLACEMENT Vernorr's Texas Ci v i 1 St at ues, and 8 adopt an ordinance reflecting the City Council's authorization and approval of Items 3 through 7 above, and other appl icable requirements of Article 1105b, Vernon's Texas Civil Statutes ORIGIN OF PROJECT The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of portions of Lorin, Burton, Farrell and Virgil. The Water Department determined that the water mains in Lorin, Burton, Farrell and Virgil are in need of replacement ar~d advertised for bids for this work along with street reconstruction projects. The project is located in Council District 5 PROPOSED ASSESSMENTS These streets have previously been constructed to City standards and are located in areas qualifying for Community Development Block Grant expenditures (Polytechnic and Stop Six Target Areas). Burton, Farrell, and Lorin are being reconstructed, and Virgil is being improved Iri accordance with the provisions of the Assessment Paving Policy, as revised July 28, 1987 (M&C G-7160), assessments are not being levied against property zoned aril used for one-arid two-family residences Two lots on Lorin are residentially zoned but are vacant and therefore subject to assessments. CDBG funds will finance fifteen percent of the construction cost for the streets being reconstructed PROJECT DESCRIPTION Uriit I - Water Main Replacement The Water Department will replace 8-inch and 6-inch water mains in Lorin, Burton, Farrell and Virgil Uri it II - Street Construction ROADWAY R 0 W STREET LIMITS WIDTH/FEET WIDTH/FEET Lorin Avenue Miller to Hughes 30 50 Burton Street Stalcup to Farrell 30 50 Farrell Lane Cottey to Fitzhugh 30 50 Virgil Street Wiman to Anglin and 30 50 Lois to Village Creek PROPOSED IMPROVEMENTS It is proposed to improve Lorin Avenue, Burton Street and Farrell Lane by constructing a six-inch reinforced concrete pavement with a seven-inch high ~,;, DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR RECONSTRU - PAGE NUMBER TION OF PORTIONS OF LORIN AVENUE, 3 04 11-22-88 _~11~12_ BURTON STREEI,~{D FARRELL. LAND., -~ IMPROVEMENT OF VIRGIL STREET, AND RELATED WATER MAIN REPLACEMENT attached concrete curb orr a six-inch thick lime stabilized subgrade so that the finished roadways will be thirty feet wide orr a fifty foot right-of-way Virgil Street will be improved with extensive base reconstruction arrd a two-ir-ch HMAC overlay orr arr existing thirty-foot wide roadway RECEIPT OF BIDS Bids for this project were received orr October 6, 1988, after being advertised on September 15 and 22, 1988, with 100 working days allotted to complete the project BIDDER AMOUNT Unit I, Water Main J D Vickers, Irrc $220,491 95 Larry H Jackson Corrst Co Inc ?_42,525 45 Atkins Bros Equipment Co Irrc 256,083 95 ~'~~~?~;,L ~ Conatser Corrst Co Inc 257,591 70 `Circle C Corrst Ins 264,917 95 Tri-Tech Construction, Ins 308,924 20 Nall-Albert Construction 325,627 20 Hawkos Corrst Co Irrc 344,449 20 Unit II, Street Construction Harrod Paving Co Inc $370,104 55 Centerline Constructors, Inc 377,547 49 Walt Williams Corrst Inc 381,957 13 Austin Paving Co 388,057.03 J L Bertram Construction 395,696 90 and Engineering, Inc The low bidders have complied with the City's MBE/WBE Policy ENGINEER'S ESTIMATE OF COST Based or- standard City Pol icy and the low bid prices, the following assessrnerrt rates have been established 6-inch reinforced concrete pavement $29 25/L F 7-inch high attached concrete curb $ 2 58/L F The Di`re'ctor of~ Real Property Marragernerrt has advised the staff as to the amount of errharrcemerrt to property values that will result from the proposed improvements, and individual assessments have been adjusted accordingly The project cost for street improvements is distributed as follows fi,~ ,}~sti ~+. DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR RECONSTRU - PAGE NUMBER TION OF PORTIONS OF LORIN AVENUE, 4 0~ 11-22-88_ C-11312 _.BURI(lN STRFFTr AN(1 FARRFI L LAN IMPROVEMENT OF VIRGIL STREET, ANO RELATED WATER MAIN REPLACEMENT Total cost to Property Owners $ 396 48 ( 0 1%) Total cost to the City of Fort Worth $375,181 92 (99 9%) FINANCING Sufficient funds are available as follows for transfer FUND PROJECT NO PROJECT NAME AMOUNT 94 009905-00 Special Assessments Unspecified $ 396 48 67 040901-00 Reconstruction Unspecified 324,517.59 76 206080-35 Eleventh Year CDBG, 45,190 48 Inner City Streets 45 60-90-20 Water and Sewer Operation 230,000 00 X600,104 55 Upon approval and completion of Recommendation No 1, sufficient funds will be av ai 1 abl e as fol 1 ows FUND PROJECT NO PROJECT NAME AMOUNT 67 040137-00 Lorin, Burton, Farrell, Virgil $324,914.07 76 206080-48 Lorin, Burton, Farrell 45,190.48 53 017080-00 Water Capital Improverrerit 230,000.00 600,104 55 Expenditures will be made from Index Codes 630335, 515833 and 620153, respectively Suff i (, i er~t funds are avai 1 able iri Street Improvements Fund 67, Project No 095105-00, Engineering Salaries, to finance inspection, engineering and administrative costs Expenditures will be made froir Index Code 630004 DAI dJmmc#3 APPROVED BY CfTY COUNCIL NOV 22 i9~8 ~~~~ cis sew®t~ ~ ~e SUBMITTED FOR THE CITY MANAGER'S David OFFICE BY Ivor Y DISPOSITION BY COUNCIL. [] APPROVED PROCESSED BY f7 OTHER (DESCRIBE) ORIGINATING DEPARTMENT HEAD Gary Santerre C1TV SECRETARY FOR ADDITIONAL INFORMATION O r le~ ~rCJlf!('1~C2 NO. A~oP CONTACT E Dro l e t J 7$ DATE