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HomeMy WebLinkAboutOrdinance 10135,.,~ ,-~ t ° ORDINANCE NO. IN ORDINANCE DETERMII~IING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEME~FT OF PEARL AVENUE - UNIT I, MARKET AVENUE -UNIT II, AND GOULD P.VENUE - UNIT III, AS HEREINAFTER SET FORTH; APPROVING PROJECT PLF.NS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COST~~ ; LETTING CANTRACT 'I'0 4~,L~T WILLIAMS CONSTRUCTION, INC., FOR THE; MAKING AND CONSTRUCTION OF SUCH IMPROVIIHII~17.'S; 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 Ta FILE A NOTICE OF' ADOPTION OF THIS ORDINANCE WITH THE COUIV°TY CLERK OF TARRANr CC-UNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT' PROCEEDINGS RELATING TO SAID STREET IMPROVIIMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTE~~; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYII~iG 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 Transports~tion and Public Works for the City of Fort Worth, Texas (hereinafter referred to as the "Director"), has proposed the improvement of PEARL AVENUE - UNIT I, MARKET AVENUE - UNIT II, AND GOULD AVENUE UNIT - III, which is hereby designated Project No. 67-040135-00 (said improvements being hereinafter referred to as the "Project"); WHEREAS, the Project shall entail tY;~e 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 drain:. 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. At~IN., Articles 1105b and 2368a, and other applicable laws, such that a contract may be awarded for the construction of the Project; NOW, THEREFORE: -1- 3, ~, 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 a~~endments thereto. II. The estimated cost of the Project based on the estimate of the City Engineer is $ 579,533.25. The estimated cost c>f the Project shall be paid partly by the Ci~Fort Worth and partly by assessments to the property abutting the Project and the owners thereof. Tree assessments to the property abutting the Project and the owners thereof ;hall 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 cosh; 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 clays 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 Borth, 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 k~e due and payable on an annual basis on each consecutive anniversary date of the acceptance of the Project; in the alternative, said assessments may k~e 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 as:~essment in installments, as provided for herein, as a condition precedent t:o 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 asses:~ment 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 fortYi in the mechanic's and materialman's lien contract and shall be uniform among all owners executing the contract. -2- +; a: '~ 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 bi~; of WALT WILLIAMS CONSTRUCTION,INC.,having been found to be the lowest and best: bid for the making and construction of said Project, the contract therefor is hereby awarded to V~,LT WILLIAMS CONSTRUCTION,INC., at and for the amount of $ 575,255.30. 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 26th day of July, 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 th.e 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. ~~~ PASSE AND APPROVED THIS ___~2~L' ~ DAY OF , 19~~. APPROVID AS TO FORM AND LEGALITY: City Attorney Date: -4- AccouNTINC~2 pity ®f 1F®~°t q~®~th, ~~Ai~~ TRAi~{SPOFCAj{(?it'LPUtZLIC !~ ~P' ~AV (L~/ ® l/ ~ U I~/~ ~®Il/1~ U U/lL/ (~/~ ~®~~ (L/lL O Il/ ~/~~LL/~®O U/ NAYER AOYIINIS7RA'flOEI d; ~/ DATE ~ REFERENCE suB~ECr,AWARD OF CONTRACT FOR RECONSTRUCTI N PAGE 06/28/8.8', NUMBF~f~C-11052 OF PORTIONS OF PEARL, MARKET, AND GOULD, THE 4 RESURI=ACING OF 21ST STREET. AND RELATED WA1`E4~ LINE (REPLACEMENT RECOMMENOA-T,I ON . _t~~ ecomnended that the City Council 1. approve the following interfr,~nd, grant, and bond fund transfers FROM( TO AMOUNT REASON 94-03(35-00 67-0405-00 $ ~~0 To move property ' Special Assessments Pearl, Market, owner's share of Unspecified Gould and cost from Revoly- 21st Street ing Fund to Project Account 67-040901-00 67-040135-00 $492,603 78 To provide funds Reconstruction Pearl, Market, for the City's Unspecified Gould and share of construc- 21st Street tion cost 45-60-90-20 53-017083-0~0 $150,000 00* To provide funds Water and Sewer Water Main for a 6-inch water Operating fund Replacement in main replacement Market, Gould and 21st Street 76-206080-35 76-206080-45 $ 82,182 52 To provide funds Eleventh. Year Reconstruction of for construction CDBG Inner Pearl, Market and City Streets Gould *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 $143,132 06, based on its lowest responsive bid for replacement of 6-inch water lines in Market, Gould Avenue and 21st Street, 3. aui;horize the City Manager to execute a contract with Walt Williams Construction Company in the amount of $575,255 30, based on its low bid for the reconstruction of Pearl, Market and Gould Avenue and the resurfacing of 21st Street, 4 aui;horize 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, ~ay<,.. DATE REFERENCE suB~ECrAWARD OF CONTRACT FOR RECONSTRUCTIO PAGE NUMBER 0 PORTIONS OF PEARL, MARKET, AND GOULD, TH 2 4 06/28/88 **C-11052 R•SURFACING OF 21ST STREET, AND RELATED WAT ~--°f _ -LINE REE~LACEMENT 6 establish July 26, 1988, 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 3 through 7 above, and other applicable requirements of Article 1105b, Vernon's Texas Civil Statutes ORIGIN OF PROJECT e - Capital Improvement Program approved in March, 1986, included funds for the improvement of F~ortions of Gould, Pearl, Market and 21st Streets The original CIP provided for Gould to be improved from 21st to 25th, however, the block from 24t:h to 25th was accomplished under the 1982-83 CDBG Street Improvement Program The proposed contract therefore provides for the improvement of Gould from 21s;t to 24th The Water Department determined that the existing 6-inch water lines in Market, Gould, and 21st are in need of replacement and advertised for bids for this work along with the strE~et reconstruction projects The streets are located in the Near North CDBG Special Emphasis Area Under the provisions of the Assessment Paving Policy, as revised July 28, 1987 (M&C G-7160), no assessments are to be levied for one-and-two family residential property on the streets being reconstructed, and Community Development Block Grant funds will finance fifteen percent of the construction cost Twenty lots adjoining Pearl Avenue (Lots 13-22, Block 6, and Lots 3-12, Block 11, Rosen Heights Addition, 1st Filing) are Zoned "C" Apartment and are therefore subject to assessments, under the Assessment Paving Policy, however, the lots are fully improved with single family houses It is an established and apparently stable neighborhood. It is the staff's opinion that assessments should be waived and that such a waiver would be consistent with the intent of the policy to provide street reconstruction in residential neighborhoods at no cost to the residents A recommendation of waiver will be presented to Council at the Benefit Hearing No assessments are being levied on 21st Street because it is being resurfaced and not reconstructed PROJECT DESCRIPTION STREET nD~i t I Pearl Avenue ROADWAY LIMITS WIDTH/FEET street to ~6 Traci on 25th Street to a 36 ROW WIDTH/FEET Unit II Market Avenue 24th Street to 25th Street 36 60 s. DATE (REFERENCE sue~ECTAWARD OF CONTRACT FOR RECONSTRUCT( N PAGE ~"uMeER 0 PORTIONS OF PEARL MARKET AND GOULD T E 3 4 06/28/88 **C-11052 _ R SURFACING OF 21ST S_T_REET, AND RELATED~WA E.~_---°f LINE REPLACEMENT Unit III 21st Street to 30 60 Gould Avenue 24th Street Unit IV Clinton Avenue 40 60 21st Street to No Main PROPOSED IMPROVEMENTS t is propose to improve Pearl, Market and Gould by constructing a six-inch thick reinforced concrete pavement with seven-inch high integral concrete curb on a six-inch thick lime stabilised subgrade Four-inch thick concrete sidewalks and six-inch thick concrete driveway approaches will be constructed where shown on the plans It is proposed to resurface 21st Street with a 2 inch H.M A C. overlay on the existing base It is proposed to replace the six inch water mains in Market, Gould and 21st Streets RECEIPT OF BIDS mid-s~'or t is project were received on May 19, 1988, after being advertised on April 28 and May 5, 1988, with 80 working days allotted The bids are tabulated as follows UNITS I - IV - STREET IMPROVEMENTS TOTAL PEARL AVE MARKET AVE GOULD ST. 21st ST. BID BIDDERS (UNIT I) (UNIT II) (UNIT III) (UNIT IV) AMOUNT Walt Williams Const Inc $266,366 40 $68,735 70 $212,781 35 $27,371 85 $575,255 30 J L Bertram Const & Engr $287,109 55 $75,143 00 $225,473 75 $25,713 95 $613,440 25 Centerlane Const Inc $305,690 05 $81,270 80 $235,972 95 $28,410 11 $651,343 91 Austin Paving Co $310,663 99 $89,437 05 $248,796 40 $23,254 35 $672,151 79 UNIT V - WATER IMPROVEMENTS BID BIDDER AMOUNT J D Vic ers, Inc $14-06 Larry Jackson Construction, Inc $159,010 00 Atkins Brothers Equipment Company, Inc $160,377 50 Circle "C" Construction $164,805 00 _The two low bidders are in compliance with the City's MBE/WBE policy ~~.~. Y. DATE REFERENCE NUMBER sue~EC:A~+IARD OF CONTRACT FOR RECONSTRUCTIO PAGE 06/28/88 --- ---- **C-11052 OF ------ - PORTIONS OF PEARL, MARKET, AND COULD, TH 4 of 4 t ti rr. nF ? ~ LINE REPLACEMENT .~ ENGINEERS ESTIMATE OF COST ase on stan ar City policy and low bid prices, the following assessment rates have been established PEARL AVE MARKET AVE COULD AVE (UNIT I) (UNIT II) (UNIT III) 6-inch thick reinforced concrete pavement $35 89/LF $35 93/LF $30.00/LF 7-inch high integral concrete curb $ 2 24/LF $ 2 24/LF $ 2.24/LF 6-inch thick concrete driveway approaches $ 2 57/SF $ 2 57/SF -- 4-inch thick concrete sidewalk $ 1 82/SF $ 1 82/SF -- The assessment rates differ on each unit because separate bids were received , for each unit and the widths of the streets vary. PROJECT COST AND FINANCING n or er to finance t ~s project, an interfund transfer in the amount of $469 00 from Special Assessment Fund 94, Project No 009905-00, Property Owner`s Portion (where sufficient funds are available), to Street Improvements Fund 67, Project No 040135-00, Pearl, Market, Gould and 21st, will be necessary to move the property owners' share of the construction cost to the project account A bond fund transfer in the amount of $492,603 78 from Street Improvements Fund 67, Project No 040901-00, Reconstruction Unspecified (in which sufficient funds are available) to Project No 040135-00, Pearl, Market, Gould and 21st, will be necessary to finance the City's share of the construction cost Expenditures will be made from Index Code 630335 A fund transfer in the amount of $150,000.00 will be necessary from Water and Sewer Operating Fund 45, Account No 60-90-20, Water Capital Project, Water Department (in which sufficient funds are available) to Water Capital Improvement Fund 53, Project No 017083-00, Water Main Replacement in Market Avenue, Gould Avenue and 21st Street Expenditures will be made from Index Code 620153 A grant fund transfer in the amount of $82,182 52 will also be necessary from Community Development Block Grant Fund 76, Project No 206080-35, Eleventh Year Inner City Streets (in which sufficient funds are available), to the Project No 206080-45, Reconstruction of Pearl Avenue, Market Avenue and Gould Avenue to finance the CDBG share of this construction cost Expenditures will be made from Index Code 515833, construction Sufficient funds are available in Street Improvements Fund 67, Project No 095104-00, Engineering Salaries, to finance inspection, engineering and administrative costs Expenditures will be made from Index Code 63000 ~~,PRO~ED ~Y DAI d_ c>4~/ C~~'~C~ ~ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY David Ivory _ DISPOSITION BY COUNCIL. ^ APPROVED PROCESSED BY ORIGINATING ^ OTHER (DESCRIBE) Q~RS g~ pp } p ~(~`~ I>•el(y 1~{T~ DEPARTMENT HEAD Gary Santerr~e I C TY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Ed Drolet 7805 ~/f~~ Adopted Ordinance ~Io. L// ~ ~ / ~ /~YL ~^'~ 77~~.. Cifp $earetcuy of the City of Fort Worth, Texoa