Loading...
HomeMy WebLinkAboutOrdinance 10186B. ~ U t//_~ ORDINANCE N0. AN ORDINANCE DETERMII~IING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVF~IENT OF LINCOLN AVENUE , FROM N.W. 30TH STREET TO W. LONG AVENUE A , ~5L`T-~3RTf1•; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LEZTING CONTRACT 2'0 WALT WILLIAMS CONSTRUCTION, INC. FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMEN')'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 IMPROVENIII~TS; 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 Ta 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 LINCOLN AVENUE, FROM N.W. 30TH STREET TO W. LONG AVENUE, which is hereby designated Project No. 067-040154-00, (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: -1- ~; 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 $189,931.47 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 (9/10ths) 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 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. 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 WALT WILLIAMS CONST., INC. having been found to be the lowest and best bid or a ing an cons ruction of said Project, the contract therefore is hereby awarded to WALT WILLIAMS CONST., INC., at and for the amount of $ 180,887.11. 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 November 8, 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. -~- 1 ' ~ w, ~ r . .~~ VII. This ordinance shall take effect and be in full force and effect from and after the date of its passage. PASS APPROVID THIS ~~ DAY OF /~~ ~~~~ 19 APPROVID AS 'Ib FORM AND T,~AT,ITY: / ~, ity Atto ey Date : ~ ~ "~~ -$- MAEIER fltE•1,~ ,~ ~ccouNnaa,.: TRANSI'-".1flTA~!'I~MUa~tC WORKR.r ,J~/ ,/~ MATER ADMINt81RATicNM1~~ .~1(,iy~ljy~ ftEAl VROP~R'TJaS DATE REFERENCE sue.lECr AWARD OF CONTRACT, ASSESS- ~' PAGE NUMBER MENT PAVING OF LINCOLN AVENUE FROM I 4 10-11-88 C-11242 W. LONG TO NW 30TH, AND RELATED '°f - !. WATER LINE AND SANITARY SEWER 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 67-040154-00 $ 21,667.00 To move property Special Assessments Lincoln, Long owner's share of Unspecified to 30th cost from Revolving Fund to project ~ account. :. 67-040901'=00 67-040154-00 $104,953 98 To provide City's Reconstruction Lincoln, Long share of construction Unspecified to 30th cost. 76-206080135 76-206080-47 $ 54,266 13 To provide funds for Eleventh Year Lincoln, Long CDBG share of construc- CDBG Inner- to 30th tion cost City Streets 53-015901-00 53-017073-00 $105,000.00* To provide funds for Water Capital Water Main 8-inch water main Improvement Replacement replacement Unspecified Lincoln Avenue 58-013901=00 58-017047-00 $ 60,000 00* To provide funds for Sewer Capital Sanitary Sewer 8-inch sanitary sewer Improvement Replacement replacement Unspecified Lincoln Avenue *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 Steed, Inc in the amount of $144,736.00, based on its low bid for replacement of an 8~-inch wat er main and 8-inch sani tary sewer in Lincoln Avenue, 3 authorize the City Manager to execute a contract with Walt Williams Constructi on, Inc in the amount of $180,887.11, based on its low bid for the co nstruction of Lincoln Avenue, t DATE REFERENCE SUBJECT AWARD OF CONTRACT; ASSESS- PAGE NUMBER MENT PAVING OF LINCOLN AVENUE FROM ~2 4 10-11-88 C-11242 W W 30TH A ED -°f Y WATERLINE AND SANITARY SEWER REPLACEMENT ~' 4. authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property on Lincoln Avenue, , 5 approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, 6 establish November 8, 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 Vern{on'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 The 1986;88 Capital Improvement Program approved in March, 1986, included funds for; the improvement of portions of Lincoln Avenue ' The street is located in the Far North CDBG Special Emphasis Area and has never been built to City standards. Under the provisions of the Assessment Paving Policy, as revised July .28, 1987 (M&C G-7160), no assessments are to be l'evied' fo'r one- and two-family residential property, and, Co.mmun~ity Deve'lopmen't Block Grant funds will finance thirty percent of the project construction cost The Water Department has determined that the existing 8-inch water main and the ~8-i'n'c;h sanitary sewer in Lincoln Avenue are in need of replacement; the work was 'advertised for bids along with the paving The street is located in Council District 2. PROJECT 'DESCRIPTION Unit I - Water Main and Sanitary Sewer Replacement The Water Department will replace an aged 8-inch water main and 8-inch sanitary sewer Unit II - Street Construction STREET Lincoln Avenue LIMITS W Long to NW 30th WinTN/FEET Variable from 30 to 40 ,RIGHT-OF-WAY WIDTH/FEET 60 ~~ ~ti ~:~~~ a.~,r_ DATE REFERENCE SUBJECT AWARD OF CONTRACT, ASSESS- PAGE,,, NUMBER MENT PAVING OF LINCOLN AVENUE FROM 3 4 10-11-88 C-11242 W, LONG TO NW 30TH, AND RELATED °r _ WATER LINE AND SANITARY SEWER REPLACEMENT PROPOSED IMPROVEMENTS It is proposed to improve Lincoln Avenue from West Long to NW 30th Street by constructing a six-inch .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 vary from thirty to forty feet on a sixty foot right-of-way. Six-inch thick reinforced concrete driveway approaches and four-inch thick reinforced concrete sidewalks will be constructed where shown on the plans RECEIPT O~F BIDS Bids for this project were received on September 1, 1988, after being advertised on August 11 and 18, 1988, with 61 working days allotted to complete ;the project BIDDER AMOUNT Unit I - Water Main and Sanitary Sewer Steed, Inc. $144,736.00 Circle C 'Construction 147,946.00 Larry H Jackson Construction 163,596.00 J D Vickers, Inc 168,687.15 Atkins Equipment Co Inc. 173,908 50 Unit I'I - Street Construction Walt Williams Construction, Inc $180,887.11 Centerline Constructors, Inc 184,910.43 Austin Paving Company 195,111.96 J L Bertram Const & Eng., Inc 196,390.80 Harrod Paving Co Inc 199,823 46 L Grimes and Co., Inc. 295,458 12 The low bidders have complied with the City of Fort Worth's MBE/WBE Policy. ENGINEER'S ESTIMATE OF COST Based on standard City Policy and the low bid prices, the following assessment rates have been established 6-inch reinforced concrete pavement $30.59/L.F. 4 7=i{nch~'':high attached concrete curb 3.14/L.F. ri~6`=`i,nchthick concrete driveway approaches 2 72/L.F. ~f~ "4`}inch thick concrete sidewalk 1.62/S.F. ,, ,- _-, :„. . , DATA REFERENCE SUBJECT AWARD OF CONTRACT, ASSESS- PAGE NUMBER MENT PAVING OF LINCOLN AVENUE FROM ~,f 4 10-11-88 C-11242 _ WATER .LINE AND SANITARY SEWER ` REPLACEMENT The Dire~'ctor of Real Property Management has advised the staff as to the amount of enhancement 't o property values that will result from the proposed improvements, and indiv idual assessments have been adjusted accordingly. The project cost for st reet improvements is distributed as follows Total cost to Prop erty Owners $ 21,667.00 (11%) Total cost to the City of Fort Worth $168,264 47 (89~) FINANCING' Suficientlfunds are ava ilable as follows for transfer FUND PROJECT NO PROJECT NAME AMOUNT 94 009905-00 Special Assessments Unspecified $ 21,667.00 67 040901-00 Reconstruction Unspecified 104,953 98 76 206080-35 Eleventh Year CDBG Inner City Streets 54,266.13 53 015901-00 Water Capital Improvement Unspecified 105,000.00 58 013901-00 Sewer Capital Improvement Unspecified 60,000.00 $345- 887.E Upon approval and com pletion of Recommendation No. 1, sufficient funds will be available as follows FUND PROJECT N0. PROJECT NAME AMOUNT 67 040154-00 Lincoln, Long to 30th $126,620 98 76 206080-47 Lincoln, Long to 30th 54,266 13 53 017073-00 Water Main Replacement Lincoln Avenue 105,000 00 58 017047-00 Sanitary Sewer Replacement Lincoln Avenue 60 000.00 $345,887. 1 Expenditures will b.e made from Index Codes 630335, 515833 and 620153, respectively Sufficient funds are available in Street Improvements Fund 67, Project No 095104-00, Engineer ing Salaries, to finance inspection, a ~Yand administrative costs E xpenditures will be made from Index Co~e~ ~~~1 y DAI d/m/6 SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY p I ^ APPROVED ORIGINAT-ING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• Gar Santerre Y FOR ADDITIONAL INFORMATION C}~ ~ ~~~ ~~~~' ~~' ~ ~ ~~ T•xa ~ CONTACT D.ro.let 7805 • . ~ > ~:`~ "' ..~: 1i~