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HomeMy WebLinkAboutOrdinance 9790;~ ~= v/ 9, r ~. YF ~ !L7 ORDINANCE NO. h AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF COLLEGE AVENUE, AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECI- FICATIONS,; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO WALT WILLIAMS CONSTRUCTION CO. FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS; 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 IMPROVEMENTS; 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 RELAT ING TO 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 ref erred to as the "Director"), has prepared Plans and Specifications for the improve- ment of College Avenue, from West Cantey Street to West Capps Street, which is hereby designated Project No. 30-024318-00 (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 collective- ly as the "highway"), as specified in the Plans and Specifications for said Project, and shall be accomplished by filling, grading, raising, paving, repaving, repairing, constructing, reconstructin°g, realigning, widening, narrowing or straightening said highway, or the curbs, gutters or sidewalks and any appurtenances or incidentals thereto, including drains or culverts, as shown and described in said Plans and Specifications, and any changes or amendments there- to, on file with the Director under Project No. 30-024318-00 and which are incorporated herein by reference; 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. ST AT . ANN. , Articles 1 105b and 2368a, and other applicable laws, such that a contract may be awarded for the construction of the Project; NOW, THEREFORE: ^' 4 !' 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. 30-024318-00, said Plans and Specifications being hereby specifically approved and adopted. II. The estimated costs of the Project based on the estimate of the City Engineer is $104,876.57. The estimated costs 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 T EX. REV. CIV. ST AT. 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, reconstruct- ing, 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 payable in five equal installments, the first of such installments to be due on or before thirty (30) days after the acceptance by the City of Fort Worth of the Project and thereafter on each anniversary date of such accep- tance until paid. The entire amount assessed against the particular parcels of property shall bear interest from the date of acceptance of the Project at the rate of eight percent (8~) per annum, payable annually, except as to interest on the first installment, which shall be due and payable on the date said installment matures; provided that, any owner shall have the right to prepay any install- ment, and shall have the right to prepay the remaining balance of the assessment at any time. Should any installment not be paid on its due date, the City of Fort Worth reserves the right to accelerate the entire unpaid balance of the assessment and declare the same to be immediately due and payable. The City of Fort Worth -2- ~'"" .ry„i1ir r` may, however, by and through its duly authorized Director authorize payment of the sums assessed against properties abutting upon the Project in not more than forty-eight (48) equal regular monthly installments of not less than Nine Dollars ($9.00) each, the first of such installments to become due and payable not more than thirty (30) days after the acceptance by the City of Fort Worth of the Project; provided further, that the City Attorney is hereby em- powered to authorize payment of said sums in lesser installments or over a longer period of time in cases in which the Director has previously determined that an extreme financial hardship exists, and provided further, that such method of payment shall be authorized only in instances where the owner or owners of property abutting the Project shall have executed and delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's and materialman's contract upon forms supplied by said City granting a mechanic's lien upon and conveying the abutting property in trust to secure the pay- ment by said owner according to the terms thereof. III. Bids having been requested by appropriate advertisement, as required by Articles 1105b and 2368a and the bid of Walt Williams Construc- tion Co. 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 Co., at and for the amount of $99,882.45. 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 20th day of January, 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 -3- it ~ . 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 pro- ceedings 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. VII. This ordinance shall take effect and be in full force and effect from and after the date of its passacf"`e. `'~, ~ PASSED AND APPROVED THIS ~,,,~ DAY OF , 19. APPROVED AS TO FORM AND LEGALITY: /~~~ ity Attorney TJ Date : ~a ~ ~ -4- .~ z ACCOtF~ING 2 pity of 1F~~°t . ~~~°th, ~e.xas ,~ JRANSPORTATION~PUBLI ~~ K~((,~/®~U ~lA{~U((i~{/ ~/~~i~~j~~j ~j®~~,~j~~~f/ /~,~jaj®~ YtRT'ER AL DATE REFERENCE SUBJECT AWARD OF CONTRACT, ASSESSMENT : PAGE NUMBER PAVING OF COLLEGE AVENUE FROM W. 12-22-86 C-10053 CAPPS STREET TO W. CANTEY STREET 1of 3 RECOMMENQATION -it s`recommended that the City Council -- 1, approve the following fund transfer: FROM TO AMOUNT REASON 94-009905-00 94-024318-00 $20,926,50 To provide funds f,or Special Assessments College Avenue the property owner's Unspecified share of the construc- tion cost. 30-024901-00 30-024318-00 $78,955,95 To provide bond funds Assessment Paving College Avenue for the City's share of Unspecified the construction cost, ?_, authorize the City Manager to execute a contract with Walt Williams. Construction Company, in the amount of $99,882.45 based on their low bid for the reconstruction of College Avenue from W, Capps Street to W. Cantey Street, 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 January 20, 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 & above, and other applicable requirements of Article 1]:05 b, Uernon's Annotated Texas Statutes. ntcriicctnN Based on a petition received from adjacent property owners and the need to address a drainage problem, the' City Council by M&C G-6321 dated April 23, 1985, declared the necessity for and ordered the improvements to College Avenue from W. Capps Street to W. Cantey Street and authorized the Director of Transportation and Public Works to design the project with in-house forces and advertise for construction bids. DATE REFERENCE SUBJECT AWARD OF CONTRA T, A E N PAGE NUMBER PAVING OF COLLEGE AVENUE FROM W. 2 3 12-22-86 C-10053 CAPPS STREET TO W. CANTEY STREET ~, ~• °f The M&C further specified that assessments would be for pavement only. This project is located in District 9. PROJECT DESCRIPTION STREET LIMITS College Avenue West Capps Street to West Cantey Street PROPOSED IMPROVEMENTS ROADWAY R.O.W WIDTH-FEET WIDTH-FEET 30 80 It is proposed to improve College Avenue by constructing a five-inch reinforced concrete pavement with seven-inch high monolithic concrete curb on a six-inch thick l i.me stabilized subgrade so that the roadway wi l l be thirty feet wide. Four-inch .thic:k concrete sidewalk will be constructed where required. Six-inch thick concrete driveway approaches will be constructed where required. '""" BIDS..RE.GEIVED.. The project was advertised for bids on October 16 and 23, 1986, and the follow- ing bids were received on November 6, 1986, with 30 working days allotted to complete the project BIDDER AMOUNT Walt Williams Construction Company $99,882.45 James W. Jackson, Inc. ~3 P.M.A. Concrete Company 106,493.84 XIT Paving and Construction, Inc. 108,516.75 J.L~ Bertram Corst. & Engr. Inc. 122,060.89 Austin Road Company 122,320.97 Ed Bell Construction Company 125,850.66 SRO Asph.a.lt, Inc. 127,766.33 NOTE• The low bi-d der 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 rate has been established: Five inch thick reinforced concrete pavement $22.46/L.F. The assessment rate results in the following division of cost. S ~ Fy .a ~r To.ta.l Cost to Property Owners $20,926.50 (26%) Total Cost to City of Fort Worth $78,955.95 (74%) e, ..~ 7 =~. DATE REFERENCE NUMBER sue.lECT AWARD OF CONTRACT, ASSESSMENT PAGE 12-22-86 C-10053 PAVING OF COLLEGE AVENUE FROM W. 3af 3 CAPPS STREET TO W. CAN1'EY STREET FINANCING The property owners' portion o f the cost, $20,9?.6.50, will be provided by a fund transfer from the Special Assessments Unspecified Account, 94-009905-00, (in which sufficient funds are available) to the Project Account 94-024318-00, College Avenue. The City's share of the cost i s $78,955.95 for construction and $4,994 12 (5% of bid price) for engineering inspection and administration. A bond fund transfer in the amount of $78,955.95 from Street Improvements Fund 30, Project No. 0249Q1-00, Assessment Pavi ng Unspecified (in which sufficient funds are available) to Project No. 30-024318-00, College Avenue, is necessary to finance the City's portion of the cost. This expenditure will be made from Index Code 680405, Construction. Inspection and administration costs will be paid from Fund 30, Project No. 095103-00, Engineering Salaries where sufficient funds are available. DAI•dl APPROVED RY CITY COU~~C~L DEC ~~, f '~ ;i ~, „i y ie~CZeazy of th~~ ci ~ oe 'cx' vro~.h, m~saZ SUBMITTED FOR THE C17Y MANAGER'S ~ ~ OFFICE BY / DISPOSITION BY COUNCIL. PROCESSED RY ^ APPROVED ORIGINATING r DEPARTMENT HEAD: Gary Sdnterre Q OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATION 7O CONTACT Drol et / 005 ~.'-~~-~~--/~~,/'~`` '~ ~~~ " `-.' ~~~~ DATE