Loading...
HomeMy WebLinkAboutOrdinance 9923ORDINANCE N0. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMIIVT OF McCART AVENUE (UNIT I) , AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO AUSTIN ROAD COMPANY Ft~R THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS 'T'HEREBY INCURRED; MAKING PROVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWIV~2S TfiIItEOF FOR A PART OF THE COSTS OF SUCH IMPROVF~lENTS; DIRECTING THE CITY SECRETARY ~ FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT ,COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUffiEQUEL~T PROCEEDINGS RELATING TO SAID S`.PREET IMPROVEMIIVTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 11O5b 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 McCart Avenue (Unit I) which is hereby designated Project No. 67-023203-00 , (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 11O5b 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: -1- I. There exists a public necessity for the improvement of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, to wit: McCART AVENUE (UNIT I) - FROM 646 FEET SOUTH OF THE SYCAMORE SCHOOL ROAD SOUTH ROW LINE TO 160 FEEL' NORTH OF THE SYCAMORE SCHOOL ROAD NORTH ROW LINE FOR A DISTANCE OF 936 FEET. ALSO 100 FEET OF SYCAMORE SCHOOL ROAD FROM THE EAST McCART AV~:NUE ROW LINE. and it is hereby ordered that the Project be carried out and constructed according to the Plans and Specifications, and any amendments thereto, for Project No. 67-023203-00 , said Plans and Specifications being hereby specifically approved and adopted. II. The estimated cost of the Project based on the estimate of the City Engineer is $ 388,499.67 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. -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 Austin Road Company , having been found to be the lowest and best bid for the making and construction of said Project, the contract therfor is hereby awarded to Austin Road Company , at and for the amount of $ 369,999.69. 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 1st day of September, 1987, 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. -3- Z ,. ,~. ,r , r VII. This ordinance shall take effect and be in full force and effect from and after the date of its passage. PASSED AND APPROVF~ THIS DAY OF , 19 ,~'~. ' APPROVED AS TO FDRM AND LEGALITY: City Attorney -4- Mn`sre~r~6~~o. _ _ - pity ~of Fort torah, ~exa~ _, ACCOUwftr~~ ?. .1,~ay®r ay~d ~®~~~all c~®~~~~a~~~~®~c ~Tf2AI!Ft~:~ Fi7'A776.h~F U 6llc:. Oli KS =6 YI%1 TER REFERENCE NUMBER . NORTH OF SYCAMORE RECOMMENDATION f It is recommended that the City Council: . 1. approve the following bond fund transfers• FROM 94-009905-00 Special Assessments Unspecified 94-009905-00 Special Assessments Unspecified 67-023193-00 McCart, Madrid - Col umbus TO 94-023203-00 McCart Avenue at Sycamore School Road 94-032034-00 Mc Cart at Sycamore School Road, Street Lights 67-023203-00 McCart Avenue at Sycamore School Road AMOUNT $ 16,254.88 $ 1,271.36 $232,633.83 REASON To provide funds for the property owner's share of the street construction cost. To provide funds for the property owner's share of street light costs. To provide funds for the City's share of the street construc- tion cost. .. 2. authorize the City Manager to execute a contract with Austin Road Company in the amount of $369,999.69 for Mc Cart Avenue (Unit I) .based on their low bid, 3. authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property, 4.• approve the estimate of cost and' amounts to be assessed as stated in the Engineer's Estimate, 5. establish September 1, 1987, as the date of the benefit hearing; 6. 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 7. adopt an ordinance reflecting the City Council's authorization and approval of Items 2 through 6 above, and other applicable requirements of Article 1105b, Vernon's Annotated Texas Statutes. RAf'Kf;Rf111Nn The 1986-88 Capital Improvement Program approved by the voters in March, 1986, included funds for the improvement of McCart Avenue from Madrid to Columbus Trail. Since 1979, there have been three Community Facilities Agreements for McCart Avenue. Land improvements along the street and adjacent neighborhoods are generating substantial traffic on the existing narrow and deteriorated DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR ASSESSMENT AVIN~cE NUMBER OF McCART AVENUE, UNIT I, FROM 646 FT. 2 3 C-10451 SOUTH OF SYCAMORE SCHOOL ROAD TO 160 F °f NORTH OF Y RE L roadway pavement. Sycamore School Road is being constructed from McCart to Crowley Road to link with recently constructed sections west of McCart and east of Crowley Road . The construction of McCart Avenue on either side of Sycamore School Road will improve traffic circulation at the intersection and is being scheduled at this time at the request of the developer of the adjacent property. The improvement of the remainder of McCart Avenue from Madrid to Columbus Trail is currently under design, and the Assessment Paving Benefit Hearing will be scheduled on the remaining sect ions at the earliest possible date. This project is located in Council District No. 6. PROJECT DESCRIPTION STREET McCart Avenue Unit I IMPROVEMENTS LIMITS From 646' south of Sycamore School Road to 160' North of Sycamore School Road WTnTN_FFFT Doubl a 36 R.O.W. WTnTN_FFFT 120 McCart Avenue, Unit I, is to be constructed with a seven-inch thick reinforced concrete pavement with seven-inch high superimposed concrete curb on a six-inch thick lime stabilized subgrade, so that the finished project will be a double thirty-six foot wide roadway with a twenty-eight foot wide median'on the one hundred twenty-feet of right-of-way. Median openings will be constructed where specified on the plans. RECEIPT OF BIDS Bids for this project were received on June 11, 1987, after being advertised on May 14 and 21, 1987, with 67 working days allotted for McCart Avenue Unit I to complete the project. The bids are tabulated as follows: BIDDER AMOUNT Austin Road Company $369,999.69 Ed Bell Construction Co. 418,297.69 Walt Williams 427,390.04 SRO Asphalt, Inc. 436,094.42 APAC-Texas, Inc. 462,106.90 J.L. Bertram Const. & Engrs. Co. 465,431.10 Southwestern Contracting Co. 472,930.65 r r The low bidder has complied with the City of Fort Worth Minority Business Enterprise Policy for this bid. P n DATE REFERENCE NUMBER suB,ECT AWARD OF CONTRACT FOR ASSESSMENT AVINGAGE OF McCART AVENUE, UNIT I, FROM 646 FT. 3 3 _ _ _ G1 SOUTH OF SYCAMORE SCHOOL ROAD TO 160 F °` ~_ NORTH OF SYCAMORE SCHOOL ROAD ENGINEERS ESTIMATE OF COST Based on standard City policy and the low bid prices, the following assessment rates have been established• COMMERCIAL Seven inch thick concrete pavement $55.20/L.F. Seven inch high concrete curb $ 3.42/L.F. Street lights $ 5.48/L.F.* Drainage $11.68/L.F. *Estimated cost, street, lights will be installed under a separate~?I~~f~~ ~~ a 1 ater date . C~TY CoU~(C(~ The cost of the project is therefore distributed as follows. AI~G 4 i~~7 Total Cost to Property Owners $137,365.86 (35%) Total Cost to City of Fort Worth $251,133.81 (65%) ~ ,/~~ cal ~~ , FINANCING Citg Searetnrp of th® The total construction cost to property owners is $128,23~a1'B;F~rof~~ortw_,h.~~~~ $111,981.30 will be prepaid.. The balance of $16,254.88 will be provided by a bond fund transfer from Special Assessments Fund 94, Project No. 009905-00 Unspecified, where sufficient funds are available, to the Special Assessment Fund 94, Project Account 023203-00, McCart Avenue at Sycamore School Road. The total cost for street lights to property owners is $9,129.68 of which $7,858.32 will be prepaid, The balance of $1,271,36 will be provided by a bond fund transfer from Special Assessments Fund 94, Project No. 009905-00 Unspecified, where sufficient funds are available, to Special Assessment Fund 94, Project Account 032034-00, McCart Avenue at Sycamore School Road. The City's share of the cost is $251,133.81 which includes $18,499.98 (5% of bid price) for engineering inspection and administration. A bond fund transfer in the amount of $232,633.83 from Street Improvements Fund 67, Project Account No. 023193-00, Mc Cart, Madrid to Columbus, (in which sufficient funds are available) to the Street Improvements Fund 67, Project Account No. 023203-00, McCart Avenue at Sycamore School Road is necessary to finance the City's portion of the construction cost. This expenditure will be made from Index Code 630335. Inspection and administration costs will be paid from Street Improvements Fund 67, Account No. 095103-00, Engineering Salaries, where sufficient funds are available. Index Codes for inspection labor (630046) and administration labor (630004) will be used. SUBMITTED FOR THE ~ CITY MANAGER'S ~ OFFICE BY DISPOSITION BY COUNCIL. PROCESSED BY ~ ^ APPROVED ORIGINATING DEPARTMENT HEAD Gary Santerre [] OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL I FOR ATION C CONTACT `~ro~"et 78D5 d ted Ordinance No. ~ On DATE