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HomeMy WebLinkAboutOrdinance 10215 c ORDINANCE N0. ,©o~ ~ AN ORDINANCE DETERMINING THE NECESSITY FIR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF SLOCUM AVENUE, FROM BONNIE DRIVE TO JOYCE DRIVE, AS HEREINAFTER S ; AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT ~ CEN'TERLINE CONSTRUCTORS, INC. 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 OOUNTY 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 MINCJTE 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 SI,OC[JM AVELWE, FROM BONNIE DRIVE TO JOYCE DRIVE, which is hereby designated Project No. 067-040151-00, (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 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 Specif ications 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 $154,248.34. 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. AN[~., 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 assessn~nts 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 material.man'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 by Articles 1105b and 2368a and the lowest bid of CENTERLINE CONSTRUCTORS, 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 CENTERLINE CONSTRUCTORS,INC. at and for the amount of $ 146,903.18. 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 3rd day of January 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. iii ` ~ y ~ VII. This ordinance shall take effect and be in full force and effect from and after the date of its passage. PASSED AND APPROVED THIS DAY OF , 19 APPROVED AS Ta FORM AND T,FY;AT,ITY: /asst City Attorney Date : ll~a ~ /,P~ -a- - ., ,~/ a;, ~ayo~° a~,d ~~~,n~ad ~~~a~s.~a.a,~n~~c~tao~a, DATE REFERENCE SUE3JECT AWARD OF CONTRACT, ASSESSMENT PAGE NUMBER PAVING OF SLOCUM AVENUE FROM JOYCE 4 12-8-88 C-11333 DRIVE TO BONNIE DRIVE AND RELATED 1°r_ WATER MAIN REPLACEMENT RECOMMENDATION It is reco+nmer7ded that the City Council 1 approve the following bond fur+d transfers FROM 94-009905-00 Special Assessments Unspecified 67-040901-00 Irir~er City Streets Ur+spec i f i e~i 45-50-90-20 Water and Sewer Operating fund TO AMOUNT 67-040151-00 $ 9,807 00 Slocum Avenue, Joyce Drive to Bonnie Drive 67-040151-00 $137,096 18 Slocum Avenue, Joyce Drive to Bor~r~ie Drive 53-017088-00 $ 90,000 00* Water Capital Improvement Slocum Avenue REASON To move property owner's share of cost from Revoly- ing Fund to Project Account To provide City's share of construc- tion cost To provide funds for a 12-inch water main replacement *Funds in excess of the bid amount are to provide for inspections and other ad+ninistrative costs 2 authorize the City Manager to execute a contract with Larry Jackson, Construction, Inc in the amount of $78,749 based on its low bid for replacement of a 12-inch water main in Slocum Avenue, 3 authorize the City Manager to execute a contract with Centerline Constructors, Inc in the amount of $146,903 18, based on its lowest responsive hid for reconstruction of Slocum Avenue fro,n Joyce Drive to Bonnie Drive, 4 authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property on Slocum Avenue from Joyce Drive to Bonnie Drive, 5 approve the estimate of costs ar~d amour+ts to be assessed as stated in the Er~gir~e~r's Estimate, 6 establ ish Jar+uary 3, 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 fivil Statutes, ar+d ~V~ DATE REFERENCE SUBJECT AWARD OF CONTRACT, ASSESSMENT PAGE NUMBER AVING OF' SLOCUM AVENUE FROM JOYCE 2 4 12-8-88 C-1133.3 RIVE TO BONNIE DRIVE AND RELATED °` WATER MAIN REPLACEMENT 8 adopt ari ordinance reflecting the City Council's authorization and approval of .Items 3 through 7 above, aril other applicable requirements of Article 1105b, Verrron's Texas Civil Statutes ORIGIN OF PROJECT The 1986-88 Capital Improvement Program, approved in March, 1986, provided funds for the recoristructiorr of Slocum Avenue from Bonnie Drive to Joyce Drive This section of Slocum Avenue will extend the recently completed portion of Slocum Avenue from Cherry Lane to Bonnie Drive The Water Department has dei;ermined that the existing 1?_-inch water main in Slocum Avenue is in need of replacement, the work was advertised for bids along with the street improvement project This street is located ire Council District 3 PROJECT DESCRIPTION Unit I -Water Main Replacement The Water Department will replace an aged 12-inch water main in Slocum Avenue UNIT II -Street Construct ion STREET LIMITS r. R TGHT-OF-WAY WIDTH/FEET ROW WIDTH/FEET Slocum Avenue Joyce Drive to 40 60 Bonnie Drive PROPOSED IMPROVEMENTS It i s proposed to improve Slocum Avenue by construct irrg a seven inch reinforced ~.~ ~crete pavement with a seven inch high attached concrete curb on a six inch 1 ime stabi 1 ized subgrade Six inch thick concrete driveway approaches will be constructed where specified on the plans The finished roadway wi 11 consist of a forty foot wide street on a sixty foot wide right-of-way RECEIPT OF BIDS Bids for this project were received on September 29, 1988, after being advertised on September 8 and 15, 1988, with 50 working days allotted for th e water main replacement and 45 working days allotted for the street reconstruction The bids are tabulated as follows ,;.,;~ z DATE REFERENCE SUBJECT AWARD OF CONTRACT, ASSESSMENT PAGE NUMBER PqV ING OF SLOCI)M AVENUE FROM JOYCE 3 4 12-8-88 C-11333 DRIVE TO BONNIE DRIVE AND RELATED °f WATER MAIN REPLACEMENT BIDDER AMOUNT Urrit I (Water) Larry H Jackson Const Inc $ 78,749 00 J D Vickers, Inc 78,827 00 Architectural Utilities, Inc 87,338 OC Atkins Bros Equip Co 91,879 50 L D Conatser Contractors 93,510 00 Circle C Construction, Iris 115,850 00 Engineering Estimate $ 91,000 Urrit II (Street) Centerline Constructors, Inc $146,903 18 Walt Williams Constructior7, Iris 152,279 40 Austin Paving Company 159,628 65 Harrod Paving Company, Inc 165,264 39 J L Bertram Constr & Eng 167,793 20 Architectural Utilities, Inc 169,415 70 Erigirreeririg Estimate $156,000 It was stipulated in the specifications that separ:~te contracts would be awarded for Units I and II, respectively The low bidders, Larry H Jackson, Constr Ir~c ar~d Centerl ine Constructors, Inc respectively, are in compliance with the City's MBE & WBE Policy ENGINEER'S ESTIMATE OF COST Based orr standard City Policy and the low bid prices, the following assessment rates have been established 7-inch reinforced concrete pavement $ 44 27/L F 7-inch high attached concrete curb $ 2 77/L F 6-inch thick concrete driveway approaches $ 2 59/S F DrairiagP $ 4 80/L F ' `, The Director of Rea.;lY Rr.operty Management has advised the staff as to the amount of e~riharrcerrient tb'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 Total cost to Property Owners $9,807 00 (6%) Total .c.ost....to th,e.-City of Fort Worth $144,441 34 (94/) ~, t { ., ,~ ~ _ \,.. DATE REFERENCE SUBJECT AWARD 4F CONTRACT, ASSESSMEN PAGE NUMBER PAV INr OF SLOCUM AVENUE FROM JOYCE 4 4 12-8-88 C-11333 DRI VE TO BONNIE DRIVE AND RELATED -. or - -- WAT ER MAIN REPLACEMENT FINANCING Suff ic, ier~t funds are avai 1 abl e as follows for transfers FUND PROJECT NO PROJECT NAME AMOUNT Special Assessment Fur)d 94 009905-00 Special Assessm~rrts Unspecified $ 9,807 00 Street Improvement Fund 67 040901-00 Inner City Streets Unspecified 137,096 18 Water ,~ Sewer Operating ACCOUNT NO Fund 45 6!)-90-20 Water ar~d Sewer Operating Fund 90,000 00 236,903.18 Upon approval and completion of Recommendation No 1, sufficient funds !gill be avail able as follows FUND PROJECT NO PROJECT NAME AMOUNT Street Improvement Fund 67 040151-00 Slocum, Joyce to Bonnie $146,903 18 WaterC IP Fur)d 53 017088-00 Slocum Avenue 90,000 00 236,903.18 Expenditures will be made from Index Codes 630335, and 620153, respectively Sufficient funds are available in Street Improvements Fund 67, Project No 095105-00, Erigineerir_ig Salaries, to finance inspection, engineering and administrative costs DAI d1mm~#5 APPROVED BY CITY EOttNCIL DEG $ 19Q~ Citq SeozetazT of tha City of For Nozth, Toaa~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY David Ivor [] APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD Gar` Sar)terre CITY SECRETARY T ON ~S ted Qrdinance No. ~ Ado I FOR ADDITIONAL INFORMA CONTACT Drolet 7805 .,_. p DATE