Loading...
HomeMy WebLinkAboutOrdinance 10401"~_ ~. < ,. e ORDINANCE N0. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMFROVEMENT OF MAY STREET FROM WEST BERRY STREET TO MULKEY STREET, HEREINAFTER SET FORTH; ORDERING AND APPROVING ESTIMATE OF COSTS; HARING REVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABIITTiNG PROPERTIES AND THE OWNERS THEREOF FORA PART OF THE COSTS OF SUCH IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE CAUNTY CLERR 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 $Y COPYING THE CAPTION OF SAME IN THE MINUTE BOORS 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, MAY STREET FROM W BERRY STREET TO MULREY STREET, which is hereby designated Project No. b7-040163-00, (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 gr.epared an estimate of the costs of the Project; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL 4F THE CITY OF FORT WORTH, TEXAS, THAT: I'. 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. ~v'-~~M w~~~ r' l II. The estimated cast of the Project to the City of Fort Worth based on the estimate of the City Engineer is $ 324,042.40. 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 pap the balance of the cast 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 map 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. In addition, the City Attorney shall have the authority to authorize terms of gayment different than those specified herein when the Director has previously determined that an extreme financial hardship exists. ,u~ ~ ~,~. III. -, ,a Notice shall be given and a hearing snail be held prior to making or levying any ssessment against any property abutting the Project or its owners, as required by Article 1i05b, 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) daps before the hearing date. Written notice shal'1 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 DAY OF OCTOBER. 1989. AT 10:00 A.M.. IV. The. mgrovements 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. ~( PASSE D APPROVED THIS DAY OF , 19 APPROVED AS TO FORM AND LEGALITY:. .~- l - ~~ City Attorney Date: ~ ~'~ C`Q~ ~~ L 1 `~~ ~ u ; ~ r .. rl ~ ~: e 9 .~ L r .. ^ v w ,~ ~ t r R II • '` ,~ ~E d ;r~~ - 1 ~ 1 ~ .r ..rl' y-~ ~. l - ~~} r~ -~l~,, ~ S WOf:N1-: S~nE OQ 4 O ~r ' ~ y}}~~,,--}jj~~y./,~ 2 :.! ~ ~" ' Cf ` /yr' ; Ir _ .~ . ale lr^ ~" • r f CAPPS STREE :, rr ., 1 :, ~ 8 1 rr ,_ .~ ~. _ . . , . r. , „ r , rr . . . t i __ ~ r -- 1 •_ ~ .r 1 - ~ ! ~- ~ ~ - ~ .I M rl r 2121211 -~J . .I • ., . ~ M / -\{ ~CANTEY TREET , , ' , r ., ~ - ~ f ~ I ~ r~ i 7 ~ u ~ _i o ~ z r _r, f i~e , r: ~ r~ rr 1 : F ~ `` ' !1 r, M ~~:j4 `' ~ , _ _~~ _ _ {_ ' ~ I~ _? 1 _''' , 1 1 ~ rl ~l I 1 ,, r_~'•_. I ~• r !l J r!_ r~ tt 1 -I- 1 A ~ f ! 1 t 1 f 1 1 /. -'fir - '-= ~ - _'~.~i r 1 _ 1~ ~1. ~LONOEN STREET \ _ • ~ - I ~ i r i. ._ -.'7 ~ ~ a I r ~ r fir; } ~ l~. - _- ~ L • (/(/ -. .i ~rl\ • t~~~ lT~~ a, /•rt1 {rr[L~G arf r /~, !Z Q ~ '~ .: , ~ r ;~_ BOW1E STREET , r y ~ ~ ^ i -` ,• •t r- 'i r-~ 1~~~ o - r ~e 1„ h • n -, BERRY STREET oRO ~~~ T. , I __ _r1 _ f1 I 4 • I f _t- h { - ~r - t ~ • A .~ 1 3 . ir~.l 7.2 I f-~ ~ .. ~ ~ J~ ~ .a ~' I ~.Tr .~f-N r ~r f~•\ MAY STREET WEST BERRY TO MULKEY PROJECT NOo 67-040163-00 SEPTEMBER 1989 ,MAY STREET, PROJECT N0. 67-04016`3-00, FROM WEST BERRY STREET TO MULKEY STREET, to be improved by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb, on a six-inch thick lime stabilized subgrade so that the finished roadway will vary from twenty-six to twenty-eight feet wide an a variable right-of-way. Six-inch thick •~concrete driveway approaches and four-inch thick concrete sidewalks will be constructed where shown on the plans. OWI~R & LEGAL DESCRIPTION ZONING FRONTAGE RATE SOUTH HEMPHILL HTS EAST SIDE - 000002811979 A C ANDRE6VS 2717 MAY ST FT WORTH TX BLK 2 LOT 4 76110 B 50.00'PAVEMENT 24.35 50.00'CURB 2.62 200.00' SF SI7P~,LK 2.68 AMOUNT 1217.50 131.00 536.00 1884.50 VACANT LOT 000002818582 JERRY 4J YOWELL ETUX KITTY 4900 OVERTON RIDGE BLVD S FT 470RTH TX 76132 BLK 34 LOT 3 B SOUTH HEMPHILL HTS 50.00 `PAVEh'IEt1T 22.48 50.00'CURB 2.62 200.00' SF SDI•~ALK 2.68 1124.00 131.00 536.00 1791.00 ADJUSTED: ~ , VACANT UJT 000002818590 ROBERT W. PAL,~'lER ETUX JOYCE 4000 STANLEY FT WORTH TX 76110 BIK 34 LOT 4 B SOUTH HEMPHIL.L HTS 46.00'PAVEMENT 22,48 1034,08 46~00'CURB 2.62 120,52 184.00'SF SDWALK 2.68 493x12 1647,72 AI17I7STED : # # , VACANT IOT ASSESSMENT 1884.50 1791.00 1647,72 -1- ~} 06•~1ER & LEGAL DESCRIPTION ZONING ~ FRONTAGE RATE " :JINSTOr~ ADDITION ;.EAST SIDE 000003575926 STEVEN S TR BROL~N 3509 HULEN ST #102 B 50.00'PAVEMENT 22.48 FT WORTH TX 76107 34.00'CURB 2.62 BLK 6 I,OT 2 200.00' SF SDti,P,LK 1.34 APIOUNT 1124.00 89.08 268.00 1481.08 ADJUSTED: *, **, VACANT LOT tiTIrISTON ADDZTTON Z•7EST SIDE 000005672287 LEO VARGAS ETUx CARr1EN 121 x~vsxzRE FT WORTH TX 76126 BLK 3 LOT 14 B 50.00'PAVEt~IENT 50.00'CURB 200.00'SF SDti~LK 22.48 1124.00 2.62 131.00 1.34 268.00 1523.00 AII7USTED: **, VACANT LOT ASSESSMENT 1481.08 1523.00 -2- MAY STREET: The Assessment Paving Policy as revised July 28, 1987 (M&C G-7160), provides that property zoned and used as one or two-family residential property in target areas will not be assessed for street reconstruction. Under this policy, the owners of the following improved property zoned and used as one and two family residences will not be assessed. SOUTH HEMPHIL,L HEIGHTS ADDITION: BLIJCK 2 , LlJTS 1, 2 , 3 , & 5 THRU 12 BLOCK 3, IR'I'S 13 THRU 24 BTACK 16, LATS 13 THRU 24 BIACK 17, IR'I'S 1 THRU 12 BLOCK 19, L(JT'S 1 TNRU 12 BLOCK 20 , LfJTS 13 TNRU 24 BTACK 33, L!)'I'S 13 THRU 24 BLOCK 34 , L!J'IS 1, 2 , & 5 THRtJ 10 P7INSTON ADDITION: BLOCK 3 , IAT'S BLOCK 4, TATS BLfJCK 5, TH'I'S t3TAC h 6 , IIJTS LF~FP~1D: 9 THRU l5 10 THRU 18 1 THRU 9 3 THRU 8 * Inlet credit ** The sidewalk rate was c~r-nuted at $2.68/SF. City participation is 50~ of replacement oost, $2.68 x 50$ _ $1.34/SF. #, # #, irregular shape lots. Adjusted pavement rate per Assessment Paviny Pal icy Wage VI-3, Paragraph (e). -3- ~. ~. _, ,: n A :j MAY STREET: COST DISTRIBUTION: A. TOTAL COST 'IC) ALI7ACENT PROPERTY OURS ..................$ 8,327,30 B. TOTAL COST' THE CITY OF FORT WORTH .........................$ 315,715,10 Street Improvements ......................$286,256.70 Eng Insp / Admin........ .... .............$ 29,458.40 (10$ of Estimate $294,584.00). C. TI~TAL ESTII~'lATED P%)JECT COST ............................$324,042.40 _a. ACG`S~1~Mj11~(R• ~ T~I~TArI~b~»U9UC 110 MAT41t AOMINi51 RA1WA ~ ~~'VW U~J/ ® U {I-~•1 Katy of 1F~~°t ~®~°th, ~~.~~~ DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT AND ~ PAGE NUMBER ESTABLISHMENT OF BENEFIT HEARING DATE ~ 3 9-26-89 G-8238 FOR THE ASSESSMENT PAVING OF MAY STREE 1of FROM W. BERRY STREET TO MULKEY STREET RECOMMENDATiON. l It is `recommended that the City Council 1. approve the following bond fund transfer FROM TO AMOUNT REASON 94-009905-00 67-040163-00 $8,327.30 To provide funds Special May Street for the property Assessments from W. Berry owner's share of Unspecified to Mulkey the street con- struction. 2. declare the necessity for and order the improvements to May Street from W. Berry Street to Mulkey, 3. authorize the assessment of a portion of the cost of May Street improvements against the owners of the abutting property, 4. approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, 5. establish October 24, 1989, 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 Texas Civil Statutes. DISCUSSION. The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the reconstruction of May Street from W. Berry Street to Plulkey Street. The street is located within the Worth Heights target area and CDBG funds will provide 15% of the construction cost for the length of the project . This project is located in Council District No. 9. PROJECT DESCRIPTION STREET LIMITS WIDTH/FEET ROW WIDTH/FEET May Street W. Berry Street Variable Variable to Mulkey Street 26 - 28 50 to 80 ,~, DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT AND PACE NUMBER ESTABLISHMENT OF BENEFIT HEARING DATE +2 <~_ •~ 3 9-26-89 G-8238 FOR THE ASSESSMENT PAVING OF MAY STREET °f FROM W. BERRY STREET TO MULKEY STREET ""`" '"' PROPOSED IMPROVEMENTS It is proposed to improve May Street from W. Berry Street to Plulkey Street, Project No. 67-040163-00, by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb, on a six-inch thick lime stabilized subgrade so that the finished roadway will vary from twenty-six to twenty-eight feet wide on a variable width right-of-way. Six-inch thick concrete driveway approaches and four-inch thick concrete sidewalks will be constructed where shown on the plans. ENGINEER'S ESTIMATE OF COST: Based on the Engineer's cost estimate, the assessment rates have been established as follows. 6" thick reinforced concrete pavement (26' wide) $ 22.48/LF 6" thick reinforced concrete pavement (28' wide) $ 24.35/LF 7" high attached concrete curb $ 2.62/LF 4" thick concrete sidewalks $ 2:68/SF The assessment rates result in the following division of cost: Property Owners $ 8,327.30 ( 3q) Fort Worth City $315,715.10 (970) Total Estimated Cost 324,042.40 An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. AUTHORIZATION OF PROJECT: In accordance with the provisions of Article 1105b of Vernon's Annotated Texas Statutes, it is proposed that City Council approve the estimates of cost for the proposed project, conduct a benefit hearing and levy assessments for the project. FINANCING Sufficient funds are available as follows for transfers FUND PROJECT N0. PROJECT NAME AMOUNT ~', ~ ,~ ,Ny ~~ . ~ ».., ~~.t M 'k y ••~ . 9~ 4,w Special Assessment 009905-00 Special Assessments $8,327.30 Fund 94 Unspecified ~M'' .44 ~~ '~~. DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT AND PAGE NUMBER ESTABLISHMENT OF BENEFIT HEARING DATE 3 3 9-26-89 G-8238 0 Y STREE of FROM W. BERRY STREET TO MULKEY STREET Upon approval and completion of Re commendation No. 1, sufficient funds will be available as follows FUND PROJECT N0. PROJECT NAME AMOUNT Street Improvements 67-040163-00 May Street from $8,327.30 Fund 67 W. Berry to Mulkey Financing for the City's share of the construction cost will, be established at the time of contract award. DAI j APPROVE© BY c~r~r couNC« fiE P ~6 1989 4~~Ir,Q~d~,,, c~tp sa~etanr o>~ th• city of Cori wow, Te~oar SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY Davi d Ivor ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD Gar Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Drolet 7605 DATE