HomeMy WebLinkAboutOrdinance 17986-02-2008ORDINANCE NO.17986-02-2008
AN ORDINANCE FINDING THAT CONDITIONS HAVE MATERIALLY CHANGED
SO THAT THE RECONSTRUCTION OF GRANT AVET(UE FROM EAST PEACH TO
GOUNAH STREET AS INCLUDED IN THE 1998 CAPITAL IMPROVEMENT
PROGRAM IS NO LONGER NECESSARY AND UNWISE; AUTHORIZING THE
TRANSFER OF 1998 CAPITAL IMPROVEMENT PROGRAM FUNDS DESIGNATED
FOR GRANT AVENUE TO THE RECONSTRUCTION OF POINDEXTER STREET
FROM SAMUEL AVENUE TO EAST DEAD END; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
VVIIEREAS, on February 7, 1998, the citizens of the city of Fort Worth approved
the 1998 Capital Improvement Program; and
WHEREAS, the 1998 Capital Improvement Program included funds for the
reconstruction of Grant Avenue from East Peach to Gounah Street; and
WHEREAS, Grant Avenue was rerouted and improved as part of the Trinity Bluff
Development; and
WHEREAS, staff recommends using the 1998 Capital Improvement Program funds that
were designated for the reconstruction of Grant Avenue be used on the reconstruction of
Poindexter Street from Samuel Avenue to East Dead End.
NOW THEREFORE, BE IT ORDAII~IED DY THE CITY COUNCIL OF
THE CITY OF FORT WORTH:
SECTION 1
That the City Council fmds that conditions have materially changed so that a portion of
funding for Grant Avenue from East Peach to Gounah Street as included in the 1998 Capital
Improvement Program is no longer necessary.
SECTION 2
The City Council authorizes the transfer of 1998 Capital Improvement Program
funds designated for Grant Avenue to the reconstruction of Poindexter Street from Samuel
Avenue to East Dead End.
SECTION 3
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances and such Code, in which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 4
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section
SECTION 5
This ordinance shall be in full force and effect upon adoption.
A.S TO FOI2IVI AD1I) LEGALITY:
DATE:
ADOPTED: February 19, 200$
EFFECTIVE: February 19, 2008
City ®f F®rt !~/®r~h, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/19/2008 -Ord. # 17986-02-2008
DATE: Tuesday, February 19, 2008
LOG NAME: 20HMAC07-6 C01 REFERENCE NO.: **G-16051
SUBJECT:
Adopt an Ordinance Finding the Occurrence of a Material Change Meriting the Deletion of the Street
Reconstruction of Grant Avenue from East Peach to Gounah Street from the 1998 Capital
Improvement Program, Allocate those Funds to the Rehabilitation of Poindexter Street, Authorize
Execution of Change Order No. 1 to City Secretary Contract No. 35969 with JLB Contracting, L.P.,
for Construction of Poindexter Street from Samuels Avenue to East Dead End, and Accept Payment
from Carleton Construction, Ltd., for its Portion of the Street Construction
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance finding that a material change has occurred such that the 1998 Capital
Improvement Program street reconstruction project on Grant Avenue from East Peach to Gounah Street is
no longer necessary;
2. Authorize the transfer of these funds for the construction of Poindexter Street from Samuels Avenue to
East Dead End;
3. Authorize the City Manager to execute Change Order No. 1 to City Secretary Contract No. 35969 with
JLB Contracting, L.P., in the amount of $48,944.80 for construction of Poindexter Street from Samuels
Avenue to East Dead End, thereby increasing the total amount to $1,205,128.70; and
4. Accept payment in the amount of $12,916 from developer Carleton Construction, Ltd., for a portion of
construction costs for Poindexter Street from Samuels Avenue to East Dead End.
DISCUSSION:
In the 1998 Capital Improvement Program's Statement of Commitment the City Council "....shall have the
right to abandon or modify a project if, in the City Council's opinion, conditions materially change so that the
project as originally proposed is unwise or unnecessary. In that event, the City Council may direct that the
bond proceeds be expended for other projects within the voted purposes of the bonds."
Partial reconstruction of Grant Avenue was included in the 1998 Capital Improvement Program with funds in
the amount of $110,000. Subsequently, Grant Avenue was rerouted and improved as part of the Trinity
Bluff Development. This project has been found to be unwise or unnecessary due to a material scope
change. The 1998 Capital Improvement Program is under the previous policy of undesignated funds, and
therefore staff recommends that funds allocated for Grant Avenue be reallocated to fund a portion of the
construction of Poindexter Street from Samuels Avenue to East Dead End.
On September 11, 2007, (M&C C-22380) the City Council authorized the City Manager to execute a
contract with JLB Contracting, L.P., in the amount of $1,156,183.90 for HMAC Surface Overlay 2007-6 at
Logname: 20I~VIAC07-6 CO1 Page 1 of 2
various locations. Change Order No. 1 provides for the addition of Poindexter Street from Samuels Avenue
to East Dead End.
By agreement with the Fort Worth Housing Authority, developer, Carleton Construction, Ltd., built new curb
and gutter on the south side of Poindexter Street as part of the Samuels Avenue Apartment Development
and submitted payment in the amount of $12,916 to the City to fund a portion of the street rehabilitation.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the
Contract Street Maintenance Fund and the Street Improvement Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
3) C293 541200 206620074883 $12.916.00
3) C115 541200 020115040630 $36,028.80
Submitted for City Manager's Office b~ Fernando Costa (Acting) (8476)
Originating Department Head: Robert Goode (8255)
Additional Information Contact: George Behmanesh (7914)
Logname: 20IIMAC07-6 CO1 Page 2 of 2