HomeMy WebLinkAboutOrdinance 9834f .,... ~
oRDIr~NCE No. _l';~' ~~ f-°
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMEI~Pr OF MORRISON DRIVE ,
AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND
SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING
CONTRACT TO WALT WILLLANIS CONSTRUCTION COMPANY FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVII+RENTS; MAKING
APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY
INCURRID; MAKING PROVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST
ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART,OF THE COSTS
OF SUCH IMPROVII~NTS; DIRECTING THE CITY SECRETARY Ta FILE A
NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUN'T'Y CLERK OF
TARRANr COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL
SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVII~S ARE
AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERNON'S TEXAS
CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY 'PO 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 Morrison Drive ,which is hereby designated
Project No. 30-036736-00 (said improvements being hereinafter referred
to as the "Project" ;
W[1EREAS, 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:
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT:
I.
There exists a public necessity for the Project, 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. 30-036736-00 ,
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
$ 122,863.55. 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 ownners 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.
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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 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 Walt Williams Con-
struction Company , at and for the amount of $ 129,006.73 .
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 24th da of March, 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 assessmont 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.
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VII.
This ordinance shall take effect and be in full force and effect from and
the date of its passage. +~',
PAS' AND APPROVF~ THIS ~'" ~ DAY
197`_.
A,PPR~OV~ID AS TO FORM AND LpGALITY:
City Attorney
Date r" - l ~' - s
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NAYER ADMi ~ DATEw~~ a REFERENCE sue~ECT:AWAR~D OF CONTRACT FOR RECONSTRUCTI N PAGE
NUMBER OF MORRISON DRIVE FROM VANESSA DRI E 3
2-24-87 **C-10132 TO 263 FEET SOUTH OF EDERVILLE ROA '°f -
RECOMMENDATION
It is recomitiended that the City Council:
1, approve the following
_ ._..._ bond fund transfers:
- FROM- TO AMOUNT REASON
= 94=.009905-00~ ,94-036736-00 $45,.304.88 To provide funds
Special Assessments Morrison Drive from for the. property
Fund Vanessa Orive to owner's share of
263 feet south of construction cost.
Ederville Road
30-036901-00 30-036736-00~ $30,52,7.54 To provide funds
Streets 'in.New Additions, Morrison Drive. from for the~City's
Unspecified Vanessa Drive to share of construc-
263 feet south of tion cost.
Ederville Road
2, authorize the City Manager to execute a contract with Walt Williams
Construction Company in the amount of $122,863.55 based on their low bid
for the reconstruction of Morrison Drive from Vanessa Drive to 263 ft.
south of Ederville Road,
3. authorize the assessment of a portion of the cost of the improvements
against the owners of the abutting property,
a
4, approve the estimate of cost and amounts to be assessed a~s stated in the
Engineer's Estimate,
5, establish March 24, 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.
;I ORIGIN OF PROJECT
On October 25, 1983, the city Council approved Community Facility Agreement
No. 13410 (M&C C-8041) between the City of Fort Worth and Pacific Realty Corp.
for the improvement of Arbor Ridge Addition, Block 1 through 5. Morrrison Drive
is a border street to Arbor Ri.dg.e Addition.
e
DATE REFERENCE sue~ECrAWARD OF CONTRACT FOR RECONSTRUCTI N PncE ~!
NUMBER OF MORRISON DRIVE FROM VANESSA DRI E 2 3
2-24=87 **C-10132 TO 263~FEET SOUTH OF EDERVILLE ROA °f
(This project is4located in Council District No. 4. ;~.:
PROJECT DESCRIPTION `
ROADWAY R.O.W.
STREET LIMITS WIDTH-FEET WIDTH-FEET
Morrison Drive From Vanessa Drive 40 60
to 263 feet south
of Ederville Road
IMPROVEMENTS
Morrison Drive is to be improved by constructing a six inch thick reinforced
concrete pavement with seven inch high attached concrete curb on a six inch
thick lime stabilized subgrade so that the roadway will be 40 feet in width.
RECEIPT OF BIDS
Bids for this project were received on December 11, 1986, after being
advertised on November 13 and 20, 1986, with 30 working days allotted to
complete the project. The bids are tabulated as follows•
,~
BIDDER ~ AMOUNT
Walt Williams Construction Co. $122,863.55
Centerline Construction Co. $135,801.07
SRO Asphalt, Inc. $136,987.90
J.L. Bertram Const. & Engr. Co. $138,110.70
Austin Road Co. $142,957.58
P.M.A. Concrete Company $150,852.12
XIT Paving & Construction, Inc. $159,036.25
James W. Jackson, Inc. $169,763.20
M.A~~:=Vinson Construction Co. Inc. $174,768.39
APAC Texas, Inc. $175,856.80
Ed Bell Construction Co. $193,750.72
Haymon Mitchell, Inc. $204,273.39
The~low bidder has complied with the City of Fort Worth. Minority Business
Enterprise Policy for this bid.
ENGINEERS ESTIMATE OF COST
Based on standard City policy and the low bid prices, the following assessment
rates have been established
Six inch thick reinforced concrete pavement• $34.23/L.F.
7 inch high attached concrete curb• $ 2.20/L.F.
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DATE REFERENCE
NUMBER SUBJECT R CT
OF MORRISON DRIVE FROM VANESSA DR ION PAGE
VE 3 3
2-24-87 **C-10132 TO 263 FEET SOUTH OF EDERVILLE RO D--- °r_____
The assessment rate results in the following division of cost:
Total Cost to Property Owners $92,336.01
Total Cost to City of Fort Worth $36,670.72
FINANCING
Of the total cost to property owners, $47,031.13 has been prepaid by the
Developer under terms of Community Facilities Agreement No. 13410. The
remaining $45,304.88 will be provided by a bond fund transfer from Special
Assessments Fund, 94-009905-00, where sufficient funds are available, to
Project Account 94-036736-00, Morrison Drive.
The City's share of the cost is $30,527.54 for construction and $6,143.18 (5%
of bid price) for engineering inspection and administration. A bond fund
transfer in the amount of $30,527.54 from Street Improvements Fund 30, Project
Account No. 036901-00, Streets in New Additions Unspecified, (in which
sufficient funds are available) to Project Account No. 30-036736-00 Morrison
Drive, is necessary to finance the City's portion of the construction cost.
This expenditure will be made from Index Code 680405.
Inspection and administration costs will be paid from Account No. 30-095103-00,
Engineering Salaries, where sufficient funds are available. The Index Code for
inspection labor (680009) and administration labor (680124) will be used.
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City of .Fort
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SUBMITTED FbR THE;
CITY MANAGER'S
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DISPOSITION BY COUNCIL.
PROCESSED BY
OFFICE BY ^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD Gary Santerre CITY SECRETARY
FOR ADDITIONAL INFORMATION ":d'opted Ordinance IVO.
CONTACT Drol et 7805 DATE