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HomeMy WebLinkAboutOrdinance 9897ORDINANCE NO. / o AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF COLLARD STREET , AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO BOB MOORS, INCORPORATED Ft~R THE MAKING Mp,~~ 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 IMPROVEMENT'S; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE OOUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEIDINGS RELATING 'I'0 SAID STREET IMPROVF~NTS 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 Collard Street , which is hereby designated Project No. 30-024325-00 (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; WEIEREAS, 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: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: -1- t 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: COLLARD STREET - From Avenue I to Avenue H 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. 30-024325-00 , 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 $ 36,165.98 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 instalment 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 Bob Moore, Incorporated , 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 Bob Moore Incorporated , at and for the amount of $ 34,443.79. 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 twentyrone (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 21st day of July, 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- ; - ~ , ~ - .~ VII. This ordinance shall take effect and be in full orce and effect from and after the date of its passage. ~_,~ PASS. ~ AND APPROVES THIS ~~~n' `~ DAY ~-~ 19 APPROVED AS TO FORM AND T,~AT,ITY: City Attorney Date: -4- .~~' pity o ~ wort worth ~"e.~ca~ ~ASre ~ l?•>tr~ -' ~ ~~., J J<ICCOUN71N0 2 ~ ~~ ®~° ~~~ ~®~~~~~ ~®D~'~,D~~D't?G~~~~®D'iG TRANSPORTATIOk~PUBLIC .WORKSd e/~ HATER ADMINI Tt~AAT+~tt 4 REFERENCE suB~ECTAWARD OF CONTRACT FOR CONSTRUCTION I PAGE NUMBER OF COLLARD STREET FROM AVENUE I TO 3 REAL PROpERT.Y.+ . h-~3-f~7 C-10376 AVENUE H ~ ' °' - RECOMMENDATION It is recommended that the City Council ,_ _ 1 _..__approve the following bond fund transfers -- --FROM- TO AMOUNT REASON ~~' 94-009905-00 94-024325-00 $ 945 00 To provide funds _ - Special Assessments Collard Street for the property Fund from Avenue I to owner's share of Avenue H construction cost 30-024901-00 30-024325-00 $33,498.79 To provide funds Assessment Paving Collard Street for the City's Unspecified from Avenue I to share of construc- Avenue H tion cost. 2 authorize the City Manager to execute a contract with Bob Moore, Inc in the amount of $34,443 79 based on their low bid for the construction of Collard Street from Avenue I to Avenue H. 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 Est imate, 5 establish July 21, 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 11O5b 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 11O5b, Vernon's Annotated Texas Statutes. f1TCf IICCTf1N On March. 11, 1986, the Transportation and Public Works Department received a paving petition signed by 75% of the owners representing at least 75q of the land adjacent to this one block segment of Collard Street. The property owners requested the street be improved on the assessment basis from its intersection with Avenue I to Avenue H All of the adjacent property is platted and zoned "B", Two Family Residential The existing street has penetration asphalt pavement in poor condition with no curb and gutter. DATE REFERENCE suB~ECT~AWARD OF CONTRACT FOR CONSTRUCTION PAGE NUMBER OF COLLARD STREET FROM AVENUE I TO 2 3 6-23-87 C-10376 AVENUE H --; °f On June 3, 1986 (M&C G-6687), the City Council approved in-house street design and the advertising for bids. This project is located in Council District No 5. PROJECT DESCRIPTION STREET Collard Street IMPROVEMENTS LIMITS From Avenue I To Avenue H ROADWAY LITIITLJ_CCCT 30 R.O.W. LITIITIJ_CCCT 60 Collard Street is to be improved by constructing a six-inch thick hot mix asphaltic concrete pavement with a seven-inch high concrete curb and eighteen-inch wide concrete gutter on an eight-inch thick lime stabilized subgrade, so that the finished roadway will be thirty-feet wide Six-inch thick concrete driveway approaches will be constructed as specified on the plans RECEIPI~ OF BIDS Bids for this project were received on April 23, 1987, after being advertised on April 2 and 9, 1987, with 30 working days allotted to complete the project. The. bids are tabulated as follows BIDDER AMOUNT Bob Moore, Inc $34,443 79 APAC Texas, Inc. 34,571.50 Austin Road Co 37,460.33 P M.A. Concrete Co. 37,624.00 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 DCCTf1CNTTAI 6 Inch Thick Hot Mix Asphaltic Concrete $16.14/L.F. 7 Inch High Concrete Curb and 18 Inch Wide Concrete Gutter $ 6 19/L.F. 6 Inch Thick Concrete Driveway Approaches $ 3.85/S.F. .y .~ w~~' ~~ ~i+..> ~~ u r rtrrt.r~~NCE ~ sUnIECTAWARD OF CONTRACT FOR CONSTRUCTION PAGE ~ NUr`513FR ~ OF COLLARD STREET FROM AVENUE I TO 3 3 6-23-87 __ _~_C-10376 _ ____AVEhUE__H ~f 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 j improvements, and individual assessments have been adjusted accordingly. The cost of the project is therefore distributed as follows Total Cost to Property Owners $ 945.00 ( 3%) Total Cost to City of Fort Worth $ 35,220 98 (97%) FINANCING The total cost to property owners, $945 00, will be provided by a bond fund transfer from Special Assessments Fund 94 Project No. 009905-00, Property Owner's Portion where sufficient funds are available), to Project Account 024325-00, Collard Street The City's share of the cost is $33,498.79 for construction and $1,722 19 (5% of bid price) for engineering inspection and administration. A bond fund transfer in the amount of $33,498 79 from Street Improvements Fund 30, Project Account No 024901, Assessment Paving Unspecified, (in which sufficient funds are available) to Project Account No 30-024325-00 Collard Street, 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. 67-095103-00, Engineering Salaries, where sufficient funds are available. The Index Code for inspection labor (630046) and administration labor (630004) will be used. DAI dw APPRQVEp BY . ~ .CITY COUNC~~ ~.~ City Secretary of the City of Fort TTJorth, 'Texa4 SUBMI~iTED FOR THE CITY MANAGER'S /1 UFFIC ri BY _ _ // ' ORIGINATING j~ DEPARTP,AENT HEAD Gar Santerre F~iR ADDITIONAL INFORMATION CONTACT Drol et 7805 DISPOSITION BY COUNCIL. PROCESSED B' [j APPROVED I OTHER (DESCRIBE) CITY SECRETARY DATE