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Home My WebLink AboutOrdinance 10482ORDINANCE NO ~~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF TWENTY THIRD STREET FROM ROBINSON STREET TO ROCK ISLAND STREET HEREINAFTER SET FORTH; ORDERING AND APPROVING ESTIMATE OF COSTS, MAKING REVISIONS 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 RELATING 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 referred to as the "Director"), has proposed the improvement of, TWENTY THIRD STREET FROM ROBINSON STREET TO ROCK ISLAND STREET which iS hereby designated Project No 67-040217-00, (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, gutters 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, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT There exists a public necessity for the Project, and it is hereby ordered that Plans and Specifications be prepared for the improvement of the Project and that the Project be carried out and constructed according to the Plans and Specifications, and any changes or amendments thereto t '` II The estimated cost of the Project to the City of Fort Worth based on the estimate of the City Engineer is $ 70,032.60 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/lOths} 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 (80) 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 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 Notice shall be given and a hearing shall be held prior to making or levying any ssessment 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 30TH DAY OF JANUARY, 1990, 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 VII This ordinance shall take effect and be in full force and effect from and after the date of its passage PASS ND APPROVED THIS ~ DAY OF , APPROVED AS TO FORM AND LEGALITX' City Attorney Date .~, ~~ 1 .N/O~M~I[l.Rt /~ • •~ /~ ~~ ,~ ~` i °<ia d' ~ y~~s- ~ ~ G •f <<S E ~ ~ '~ .~ S+, ~ v~ d~ / ~1f /!S rye w ~ .r ,r, ~•~~jl~ ~~ in y H • ~_ r N r1 ~- •t !. J ~-r e ~~s b t ~w + ' R • 11 f 1, ~ ~ YY11 ~...iJ • . N . N I1.K11 ,~ + r r r ~ r .• I I M I ~ I w r ~ N ,r • • .s ~ • ~ .• "f' r + • • • w r I • •• • • w • I I y iI • .M •I • ~' • • •• I ~ N I _•• • N • r N • I r N • • M M f Y • N • M ! M •~ •r • N ~ N i • r + r r r S I r N '• M ~/ ~- \ w ` r a S y . N * ~ N I ~~,• 1• I ~ Y ~ • N _~ ~ I • N Y N • f N N N • ~ V ~ N. .•' ~~-_ •I 1 .toenvtO.V M _ I • J sr!!r / ~ N II ~ .I r ~ ~/ + y I I M • ~ ~ .. . ~ . • w ,r . w M .. • ~ M • ; Y I ~ •• e. • O ~ • 4 a • ti r N • •• • N • Y M • tl • r • /• I M M ~ M ' ~ IrlA~O'l r~~~ R I 1 1 I ~ O... .. M~ ~ • I y ~ ~• ' 1 t RQBIl~TSG~T S`rr~r To Roca ISt,~,i~ID srRg.T PRQ7~7CT N0. 6?-040217-00 F~IIBIT A D~IDER 1989 ~~ ~°~ $~ ~ ~o~ REVISED FEBRUARY 1990 n i; PROJECT N0. 67-040217-00, TWF3VTY THIRD STREET, FROM ROBINSON STREET TO ROCK ISLAND STREET, to be improved by constructing a six-inch thick reinforced concrete pavement with a seven-inch ~iigh attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be thirty feet wide on a sixty foot width Rightrof~Tay. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. CJWP]ER & LDGAL DESCRIPTION EAST SIDE OF STREET 000002554607 VELTA B ALLOOCK 3104 NW 23RD ST FT WORTH TX 76106 BLK 177 LOT 21 20NING FRONTAGE RATE ROSEN HEIGHTS SEOOND FILING B AMOUNT ASSESSMENT 50.00'PAVEME~TT 34.49 1724.50 50.00'CURB 3.43 171.50 1896.00 Assessment set by City Council 1000 00 VACANT LOT 000002554585 LOUELLA HIGGINS 2717 LA MONDE TER B FT WORTH TX 76114 BLK 177 LOT 19 ROSEN HEIGHTS SEOOND FILING 50.00'PAVEP'IENT 34.49 1724.50 50.00'CURB 3.43 171.50 ~_ 1896.00 Assessment set by City Council 1000.00 VACANT Lff!' 000002554577 ANNA JACKSON 5920 RANDELL B FT WORTH TX 76134 BLK 177 LOT 17 ROSEN HEIGHTS SEOOND FILING 50.00'PAVFI~I~T 34.49 1724.50 50.00'CURB 3.43 171.50 1896.00 Assessment set by City Council 1000.00 VACAt~TT LOT -1- QaI~R & I~7GAL DESCRIPTION ?ANING `'h1EST SIDE OF STREET 000004897781 ImNALD ROSEN & MARINE RO.S RrJSEN P O BOX 4444 B FT WORTi~ TX 76164 A 358 TR 4H VACANT I02 FROIITAGE RATE ~_ CAi~BELL* DANIEL W SURVEY 500.00' PAVEI~TT 34.49 500.00'CURB 3.43 CANiPBELL* D~,I~TIEL W SURVEY 17245.00 1715.00 18960.00 ASSES.SN~TT 18960.00 -2- • 'Ilse Assessment Paving Policy as revised July 28, 1987 (M&C G-7160), provides that property zoned and used as one and twa-family residential property, in target areas will not be assessed for street reoonstrvction. Under this policy, the owners of the following in~oved P~~Y zoned and used as one and two-family residences will not be assessed. 1a06ES1 FIGHTS SECOND FILING BLOCK 177, LOTS 13,14,15,16,18,20,22,23,24 -3- FJ. ~* f, 1 t~CJl71i~ ~71l~CJG1 i Q06T DISTRIBUTION A. PROPERTI' OWNER BY ASSESSMENT ..................$ 21,960.00 B. FORT VJC4tTH CITY ................................$ 48,072.60 Street Construction.........$ 41,706.00 Engr Insp/Ac~nin .............$ 6,366.60 (10$ of Estimate $63,666.00) C. ZUTAL ESTIMATED PROJDCT COST ...................$ 70,032.60 -4- ~. ~;_ ="' Katy of 1Fort worth, ~~~~~ ~IA$ftR ~~I r_E } ACCOUNTING 2 r v~'~'+~ //®U `~.n1r~~LW ~®LLJIV~~~IV ~®~~IVW~~~~W/!V~®~ 7RANSP0RTAT1 xra - aJ' DATE REFERENCE SUBJECT UTHORIZATION OF PROJECT AND PAGE Na(ER AOMINt iRAT10N d NUMBER ESTABLISHMENT OF BENEFIT HEARING DACE 3 1-2-90 G-8394 FOR THE ASSESSMENT PAVING OF TWENTY-THIR 1of- u" ~'3 TREET FROM ROBIN N STR R rr~ ISLAND STREET RECOMMENDATION. It is recommended that the City Council E 1. approve the following bond fund transfer: FROM TO AMOUNT REASON ' 94-009905-00 67-040217-00 $24,648.00 To move property Special Assessments Twenty-Third owners' share of Unspecified Street cost from Revoly- ing Fund to Pro- ject Account, 2. declare the necessity for and order the improvements to Twenty-Third Street frorn Robinson Street to Rock Island Street, 3. authorize the assessment of a portion of the cost of the improvements to Twenty-Third Street from Robinson Street to Rock Island Street; 4. approve the estirnate of costs and amounts to be assessed as stated in the Engineer's Estimate; 5, establish January 30, 1990, as the date of the benefit nearing, 6. authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes, and 7, adopt an ordinance reflecting the City Council's authorization and approval of Recommendations 2 through 6 above, and other applicable requirements of Article 1105b, Vernon's Annotated Civil Statutes. DISCUSSION. The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Twenty-Third Street from Robinson Street to Rock Island Street. Twenty-Third Street is in the Far Northside Target Area and has never previously been constructed to City standards. Community Development Block Grant funds will provide 30 percent of the construction cost. This project is located in Council District 2. DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT AND PACE NUMBER ESTABLISHMENT OF BENEFIT HEARING DATE 2 3 1-2-90 G-8394 FOR THE ASSESSMENT PAVING OF TWENTY=TH RB---- °' --- ISLAND STREET PROJECT DESCRIPTION: STREET Twenty-Third Street PROPOSED IMPROVEMENTS LIMITS Robinson Street to Rock Island Street WTnTN/FEET 30 60 It is proposed to improve this segment of Twenty-Third Street by constructing a six-inch thick reinforced concrete pavement with a seven-inch~hig h attached concrete curb over a six-inch lime stabilized subgrade so that the finished roadway will be thirty feet wide on a sixty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where specified on the plans. ENGINEER'S ESTIMATE OF COST Based on standard City policy a.hd the Engineer's estimate of cost, the following assessment rates have been established• 6-inch thick reinforced concrete pavement $34.49/L.F. 7-inch high attached concrete curb 3.43/L.F. The assessment rates result in the following division of costs Property owner's share of cost $24,648.00 {35q) City's share of the cost 45,384.60 (65%) Total estimated cost $70,032.60 AUTHORIZATION OF PROJECT• In accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statues, it is proposed that the City Council declare the necessity for the project, approve the estimates of cost, conduct a benefit hearing, and levy assessments for the project. FINANCING. Sufficient funds are available for transfer as follows FUND PROJECT N0. PROJECT NAME AMOUNT 94 009905-00 Special Assessments $24,648.00 Unspecified ROW WIDTH/FEET b~ ~%~ DATE REFERENCE NUMBER SUBJ CT. ~$TABLISHMENT OF BENEFIT HEARING DAT PAGE 3 3 1-2-90 6-8394 FOR THE ASSESSMENT PAVING OF TWENTY- HIRD ar -- ISLAND STREET Upon approval and completion of Recommendation No. 1, sufficient funds will be available for this work as follows: FUND PROJECT N0. PROJECT NAME AMOUNT 67 040217-00 Twenty-Third $24,648.00 Street Financing for the City's share of the construction cost will be established at the time of the contract award. WWW:d APPROVED BY CITI(_ COUNCIL JAS 2 19~fD lC~~ ~nr~.~dL_ --.--- City Secxetaty of tkl.cs City of Fox'S VJoz.k1, Tcsxaa SUBMITTED FOR THE CITY MANAGER'S Wi 11 i am W Wood F DISPOSITION BY COUNCIL: PROCESSED BY . O FICE BY ~ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• CITY SECRETARY FOR ADDITIONAL INFORM ION CONTACT `~artha Lunday x8063 p 1. opted (}rdinancE pro. DAT E