HomeMy WebLinkAboutOrdinance 9932:.
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ORDINANCE N0. ,,,,~~
AN ORDINANCE DETERMIl~TING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVE~r OF ROSEWOOD AVENUE ,
AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND
SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING
CONTRACT 'I+0 G~,I,T WILLLAMS CONSTRUCTION INC. FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVFI"1ENrS; 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 FIR A PART OF THE COSTS
OF SUCH IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO FILE A
NOTICE OF ADOPTION OF THIS ORDINANCE WTTH THE OOUNTY CLERK OF
TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL
SUBSEQUENT PROCEEDINGS RELATING TO SAID S`1'REET IMPROV'F~NTS ARE
AND SHALL BE IN ACCORDANCE WTTH 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 COMPi,F.TF. ORDINANCE IN
THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN
EFFECTIVE DATE.
Wf1EREAS, 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 ROSEV4UOD AVE. ,which is hereby designated
Project No. 90-136003-00 (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;
W'f1F:REAS, 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:
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BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT:
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: ROSEWOOD AVE. From MARQUITA DRIVE to ALTA MERE DRIVE
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. 90-136003-00 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
$ 112,120.26. 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 sidev~alks 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 instalments, 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 assessm°nt 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.
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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 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 Walt Williams
Construction Inc. , at and for the amount of $ 106,781.20 .
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 15th day of Sept
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.
• I °
VII.
This ordinance shall take effect and be in full force and effect from and after
the date of its passage . ~, ~'
PASS AND APPROVED THIS J ~ ~ ~Y OF ~ r
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APPI~ AS `Ib EI~RM AND LEGALITY
City Attorney
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ROSEWOOD AVE.
PROJECT N0. 90-136003-00
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- PROJECT N0. 90-136003-00, ROSEWOOD AVENUE FROM MARQUITA DRIVE TO ALTA MERE DRIVE (SH-183) to be improved
constructing a seven inch reinforced concrete pavement with a seven inch high attached concrete curb on
six inch lime stabilized subgrade. Six inch thick concrete driveway approaches will be constructed where
specified on the plans. A four inch thick (five foot wide) concrete sidewalk will be constructed on the
north side of the street for the length of the project. The finished roadway will consist of a forty foe
wide street on a sixty foot wide rightrof-way. _
BLOCK
OWNER LOT ZONING
BEGINNING AT MARQUITA DRIVE
SOUTH SIDE
Doris C. Gray lA
3001 Marquita Drive
Fort Worth, TX 76116
FRONTAGE RATE AMOUNT ASSESSMENT
ALTA MERE ADDITION
13
I
120.00' Pavement
120.00' Curb
46.46 5,575.20
3.15 378.00
TOTAL 5,953.20
APPRAISAL 504.00 504.00
Dunkin Custom 2B
Cabinets
3005 Marquita Drive
Fort Worth, TX 76116
13 60.00' Pavement
I 60.00' Curb
124.95 SF DR Appr.
46.46 2,787.60
3.15 189.00
4.77 596.01
TCTAL 3,572.61
APPRAISAL 504.00 504 00
James Smith at al 24
3000 Joyce Drive
Fort Worth, TX 76116
13 180.00' Pavement
I 180.00' Curb
46.46 8,362.80
3.15 567.00
TOTAL 8,929.80
APPRAISAL 551.00 551.00
INTERSECTS JOYCE STREET
J.J. Thomson Inc. 1
3001 Joyce Drive
Fort Worth, TR 76116
14 175.00' Pavement
I 175.00' Curb
163.70 SF DR Appr.
46.46 8,130.50
3.15 551.25
4.77 780.85
TOTAL 9,462.60
APPRAISAL 551,00 551.00
SU$TOTAL THIS PAGE
$2,110.00
-1- $2,110.00
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PROJECT N0. 90-136003-00, ROSEWOOD AVENUE FROM MARQUITA DRIVE TO ALTA MERE DRIVE (SH-183) cont.
OWNER
BLOCK
LOT ZONING
FRONTAGE
RATE AMOUNT
ASSESSMENT
Alta Mere Joint Venture W65' ' 14
c/o Kirkood ~ Darby, Inc.of 24 E
200 W. 7th Street
Fort Worth, TX 76102
65.00' Pavement
65.00' Curb
202.45 SF DR. Appr.
46.46 3,019.90
3.1S 204.75
4.71 965.69
TOTAL 4,190.34
APPRAISAL 375.00
Fred Rogers et ux
Betty A.
3000 Alta Mee
Fort Worth, TX 76116
E70° 14
of 24 I
70.00' Pavement
70.00' Curb
124.95 $F DR. Appr.
46 46 3,252.20
3.15 220.50
4.77 596.01
TOTAL 4,068.71
APPRAISAL 405.00
INTERSECTS ALTA MERE DRIVE
NORTH SIDE
David M. Ryan
c/o Pro Tax Services
P.O. Box 26105
ForC Worth, TX 76116
7R 730.00' Pavement
I 730,00' Curb
163.70 SF DR. Appr.
3250 SF Sidewalk
46.46 33,915.80
3.15 2,299.50
4.77 780.85
2.84 9,230.00
TOTAL 46,226.15
SUBTOTAL THIS PAGE
47,006.15
TOTAL COST TO PROPERTY OWNERS $49,116.15
COST TO CITX OF FORT WORTH $57,665.05
ENGINEERING INSPECTION AND ADMINISTRATION $ 5,339.06
(5% of $106,781.20 bid)
TOTAL COST TO CITY OF FORT WORTH $ 63,004.11
TOTAL ESTIMATED CONSTRUCTION COST $112,120,26
NOTE $46,226.15 of the property owner
cost is prepaid.
375 00
405.00
46,226.15
(PRE-PAID)
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`~ ~ pity of Fort Worth, texas
MASTER E~u may®r aid cC®u~,~~ll c~om~,~~,~~a~ion
ACCOUNTlr1A•:2
9LIC
~nre~ r~n~ri~~lrr~~or~ .~ **~-10471
kEAL PR )BEk7.Y~5.
RECOMMENDATION
SUBJECT ^^^r~u yr wn ~ nnt, i r lM /1JJC.JJI9CIY I PAGE
PAVING-ROSEWOOD AVENUE FROM MARQUITA 3
DRIVE TO ALTA MERE DRIVE 1of-
It is recommended that the City Council:
1. approve the following bond fund transfers:
FROM
TO
AMOUNT
REASON
94-009905-00 94-136003-00 $ 2,890.00
Special Assessments Assessment Paving
Unspecified Alta Mere. Addition
90-136901-00 90-136003-00 $57,665.05
New Development Assessment Paving
Unspecified Alta Mere Addition
To provide funds
for the property
owner's share of
construction cost,
To provide funds
for the City's share
of construction cost.
2. authorize the City Manager to execute a contract with Walt Williams
Construction, Inc., in the amount of $106,781.20 based on their low bid
for the construction of Rosewood Avenue from Marquita Drive to Alta Mere
Drive (S.H. 183),
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 15, 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.
Rnr~rr_~niitin
On October 28, 1986 (M&C C-9937), the City Council approved Community
Facilities Agreement No. 15337 with D.M. Ryan for Alta Mere Addition, including
the improvement of Rosewood Avenue from Alta Mere Drive (SH-183) to Marquita
Drive.
This project is located in Council District 3.
DATE REFERENCE. SUBJECT AWARD OF CONTRACT FOR ASSESSMENT PAGE
NUMBER
8-18-87 **C-10471 PAVING-ROSEWOOD AVENUE FROM MARQUITA 2 of 3
DRIVE TO ALTA MERE DRIVE
4
PROJECT DESCRIPTION
R.O.W.
STREET LIMITS WIDTH-FEET WIDTH-FEET
Rosewood Avenue From Alta Mere Drive 40 60
(SH-183} to Marquita
Drive
IMPROVEMENTS
Rose wood Avenue is proposed to be improved by constructing a seven inch
reinforced concrete pavement with a seven inch high attached concrete curb on a
six inch lime stabilized subgrade. Six inch thick concrete driveway approaches
will be constructed where specified on the plans. A four inch thick, five foot
wide concrete sidewalk will be constructed on the north side of the street for
the length of the project.
RECEIPT OF BIDS
Bids for this project were received on June 25, 1987, after being advertised on
June 4 and 11, 1987, with 30 working days allotted to complete the project.
BIDDER AMOUNT
Walt Williams Construction, Inc. $106,781.20
Bob Moore, Inc. $112,366.80
Big "D" Construction Co. $126,030.00
J.L. Bertram Const. & Engrs. Co. $126,322.75 '
Austin Road Co. $131,879.66
Centerline Constructors, Inc. $138,769.50
S.R.O. Asphalt, Inc. $145,361.00
Ed Bell Construction Co. $151,723.49
The low bidder has complied with the City of Fort Worth Minority Business
Enterprise Policy for this project.
ENGINEERS ESTIMATE OF COST
Based on standard City policy and the low bid prices, the following assessment
rates have been established:
7 inch thick reinforced concrete pavement $46.46/L.F.
7 inch high attached concrete curb $ 3.15/L.F.
6 inch thick concrete driveway approaches $ 4.77/S.F.
4 inch thick concrete sidewalk $ 2.87/S.F.
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The Director of Real Property Management has advised the staff as to the amount
of enhancement to property values that will result from the proposed
improvements, and individual assessments have been adjusted accordingly.
~~~.
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR ASSESSMENT PAGE
NUMBER PAVING-ROSEWOOD AVENUE FROM MARQUITA 3 3
8-18-87 **C-1047.1 DRIVE TO ALTA MERE DRIVE -°r_
The cost of the project is therefore distributed as follows:
Total Cost to Property Owners $ 49,116.15 (44%)
Total Cost to City of Fort Worth $ 63,004.11 (56%)
FINANCING
The total cost to property owners is $49,116.15, of which $46,226.15 is
prepaid. The balance of $2,890.00 will be provided by a bond fund transfer from
Special Assessments Fund 94, Account No. 009905-00, Unspecified, (where
sufficient funds are available) to Project Account No. 136003-00, Assessment
Paving, Alta Mere Addition.
The City's share of the cost is $57,665.05 for construction and $5,339.06 (5%
of bid price) for engineering inspection and administration. A bond fund
transfer in the amount of $57,665.05 from Street Improvements Fund 90, Account
No. 136901-00, New Development Unspecified, (in which sufficient funds are
available) to Project Account No. 136003-00, Assessment Paving, Alta Mere
Addition, is necessary to finance the City's portion of the construction cost.
This expenditure will be made from Index Code 621458.
Inspection and administration costs will be paid from Account No. 90-095103-00,
Engineering Salaries, where sufficient funds are available. Index Codes for
inspection labor (621227) and administration labor (621169) will be used.
DAI •db
APPROVED BY
c~rY cou~c~L
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SUBMITTED FOR TH
CITY MANAGER'S •
OFFICE BY ~
ORIGINATING
DEPARTMENT HEAD: (_~ ~,.~~ C
terre
DISPOSITION BY COUNCIL.
^ APPROVED
^ OTHER (DESCRIBE)
PROCESSED BY
CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Drol et 7805 Adopted Ordinance Nb^ ~~
DATE