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HomeMy WebLinkAboutOrdinance 10425ORDINANCE N0. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF, WEST BOLT STREET, FROM SIXTH AVENUE TO HEMPHILL STREET, AS 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 OOSTS OF SUCH IMPROVEMENTS; DIRECTING THE CITY SECRETARY 'Il7 FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT OOUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE Ird 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, West Bolt Street, from Sixth Street to Hemphill Street, which is hereby designated Project No. 67-040181-00, (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, TEXA5, 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. II. The estimated cost of the Project to the City of Fort Worth based on the estimate of the City Engineer is $ 381,543.25. 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 (8~) per annum. Should any instalment 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 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 5TH day of DECEMBER, 1989 at 7:00 P.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 AND APPROVED THIS ,~ ~ L1~,Y OF C °Y'~ , 19_. APPROVED AS T'0 FORM AND LEGALITY: I G' ~/~ ~ ss f ', City Attorney Date :~_i.! ~1~~ - ~ - - - - •-~ -- - t _' -- - ~ ._.t _ 1_ _ ~ ~ - s loo J~„ ~ - _. ._ _ _- , _ ~- ,. 4 t rs~tt ' ' r' -~t^ - _' _ jT --~- ~d -- • I I ~• ~ t t" ~- i i t i ~; ~ I (,.lv~j. ~.iI:IL! ~"~ ~°>• °e l li,lrj-I:* i I + e~t .I f j ~ t ~ ~ ~Q ~ ,'t, t! ~ 1~0 ~ ! ~ i ~ I O t ~ Ii i t -- ::•yi ~4 ~. ~f ~. 'i•'if i rjcl +. ,lt cl .a,o' ~ •,r _ s' r t t ` ~ 34R - -'- r _ >s t;. I, ~ .att iiZj.i • r I I t t -~ .~Oi/~N ~_•• /~ t • y'_ • ~rb~r = H .. Vii: j T ~.< I f I r .. ri.• f + / ' `~`~t~i.. ~ ~ • i a --_ • ~` ~ '~- ,) O L 1 ~ Ott O O DO O ~ ~ , ~~ ~ ~S _ I/~lI . ..i±~b tIr !.: I, tI: Ii}- ,~ ~•• : Jt,l6 I f j./} . ~ -- • ' ~ ; ~ t j I' - ~ , 1 ~ ~' V -' ~ i . - ~ :e96 i'/r~1 F~ j•i/it°I~'>• '^~9;t'I ;t ,~ Gt~yj.: i .Li. ;.~JI • _- ! o j~ A e~~ ole A13 C ~ ELF h J Cis E:F 1~~tAts~~t ~ I ~ - ~ •.I j/ s NIMt11Ct F~ ~ '.K J~ hw. L MNF~D 1~'in'SOj ` n c, '~'~ i + + l~f jo :F' - s i r - . - -- __ _ - o ~ ~ _ ~ 'loo _ t ~ ~~ .'1p ~; 9 t9 b ~ c. .~ ~' i• t:: ~; - ,, ~-; ~L-~ ,, - _ _ , . ~ s ~.. tt J 9 •E i /~ r Y c '~ ~ F• --• I W. BOLT SIREE!' ( 6TH TO HF~9PHILL) P1~TE)CT NO. 67-040181-00 OCI~OIRIIt 1989 PROJECT N0. 67-04011-00, WEST BOLT STREET, FROM 6TH AVENUE TO HEMPHILL STREET, is to be recon- f; structed with six-inch thick reinforced concrete pavement with seven-inch high attached con- ~}~crete curb on a six-inch thick lime stabilized subgrade so that the finished. roadway will be thirty feet wide on a fifty-.foot Right-Of--Way. Six-inch thick concrete driveway approaches ;will be constructed where shown on the plans. OWI~R & LEGAL DESCRIPTION HEt'iPHILL STREET NORTH SIDE 000002808692 SOUTHLAND OORP #125 2828 N HASKELL I~LLAS TX 75204 BLK 48 LOT 8 ZCx1ING FRONTAGE RATE SOUTH FORT WORTEi ADDITION F 150.00'PAVEMENT 32.36 150.00'CURB 2.88 615.10'SF DR APPR 2.7$ AMOUNT 4854.00 432.00 1709.98 6995.98 ASSESSMENT 6995.98 7/11 BUSINESS 400002808676 SILVERIA R CHAVEZ 3144 LIVINGSTON B FT W(~tTH TX 76110 BLK 4$ LOT 3 SOUTH FORT WORTH ADDITION 50.00'PAVF~lENT 32.36 50.00'CURB 2.88 1618.00 144.00 1762.00 1762.00 VACANT LOT 000002808447 5 G ROUSE 910 W BOLT B FT WORTH TX 76110 BLK 46 LJT 3 SOUTH FORT WORTH ADDDITION 50.00' PAVEMENT 50.00'CURB 32.36 2.88 1618.00 144.00 1762.00 1762.00 VACANT L7I' -1- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE"~° RATE AMOUNT ASSESSMENT ~.~' SOUTH FORT WORTH ADDITION ~_.NORTH SIDE 000002808382 JON SHEFFIELD D'AZZO 2627 SEDGE<•dAY B 55.00'PAVFMEN'T 32.36 1779.80 CARROLLTON TX 75006 55.00'CURB 2.88 158.40 BLK 45 LOT 5B 1938.20 1938.20 VACANT LOT ~ _ $F,j,,T.F.H .T R ~L1B~ YM_ 000002698463 DORIS HOGAN 909 WOODLAND E 50.00'PAVII~lENT 32.36 1618.00 FT WORTH TX 76110 50.00'CURB 2.88 144.00 IU-r G 202.45'SF DR APPR 2.78 562.81 2324.81 2324.81 GROCERY STORE SELLER J R SUB 000002698498 S~J 0 PENICK 3509 CORDONS ST E 50.00'PAVEMENT 32.36 1618.00 FT WORTH TX 76133 50.00'CURB 2.88 144.00 LOT I 93.95'SF DR APPR 2.78 261.18 2023.18 2023.18 RESIDENCE SELLER 3 R SUB 000002698501 CATHERINE CLANTON 1212 BOLT ~•~ E 50.00'PAVEi~]T 32.36 1618.00 FT WORTH TX 76110 50.00'CURB 2.88 144.00 Ir0-r J 93.95'SF DR APPR 2.78 261.18 2023.18 2023.18 RESIDENCE -2- OLJI~R & LEGAL DESCRIPTION ZONING FRONTAGE RATE ~ ~---~-~ -~w_ SELLER J R SUB - ;.NORTH SIDE 000002698528 YONG HUI STOVALL 2010 GARDEN OAKS DR E 50.00'PAVII4ENT 32.3 ARLINGTON TX 76012 50.00'CURB 2.8 I~ K 93.95'SF DR APPR 2.7 RESIDENCE 000002698536 JAMES L MCCART 1220 W BOLT E FT WORTH TX 76110 TAT L RESIDENCE SOUTH SIDE 000003278174 MILTON TROJACEK 4100 BALDWIN FT WORTH TX 76115 BLK 2 LOT 1 RESIDENCE 000003278689 JAMES F MILLER 4101 BALDWIN FT WORTH TX 76115 BLK 3 LIJT 24 RESIDENCE SELLEH~~iIB 50.00'PAVII~iENT 32.36 50.00'CURB 2.88 93.95'SF DR APPR 2.78 WALKER ADDITION E 125.00' PA~7II~IENT 32.36 125.00'CURB 2.88 93.95'SF DR APPR 2.78 WALKER ADDITION E 125.00'PAVEMEt~'T 125.00'CURB 93.95'SF DR APPR 32.36 2.88 2.78 AMOUNT' 1618.00 144.00 261.18 2023.18 1618.00 144.00 261.18 2023.18 4045.00 360.00 261.18 4666.18 4045.00 360.00 261.18 4666.18 ASSESSMENT 2023.18 2023.18 4666.18 4666.18 -3- OhTI~R & LEGAL DESCRIPTION - ZONING F~NTAGE`' ~' RATE ~..z F~ -^-~-_~r- --- SOUTH SIDE ADDITION ~, SOUTH SIDE 000002891689 PETE S TENEYUQUE 739 ti~ BOLT B 40.00'PAVEN~fJT 32.36 FT WORTH TX 76110 40.00'CURB 2.88 BI~C 2 IfJT 14 VACANT LOT 000002891530 DANNY ATAMANCZ ETUX WANDA L 1020 W DICK.SON FT WORTH TX 76110 BIX 2 Il~T 1 RESIDENCE ~?~ STDE~IT?~1 F 125.00' PAVII~tEt~TTT 125.00'CURB 101.70'SF DR APPR 32.36 2.88 2.78 1294.40 115.20 1409.60 4045.00 360.00 282.73 4687.73 ASSESSMENT 1409.60 4687.73 -4- ~~ WEST BOLT STREET: The Assessment Paving Policy as revised July 28, 1987 (M&C Cr7160), provides that property zoned and used as one and 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. FORT WORTH ADDITION BLOCK 48 , LI.~T 1 & 2 BLlJCK 47, LOT 1,2,3,4-B,5,6 BLOCK 46, LOT 1B,2,4,5,6 BLOCK 45, LOT 1B,2B,3B,4 BLOCK 68 LOT C,D,G,N,M,L BLOCK 70, LOT 6B,E,F,G,H,M,N BLOCK G, LOT N E. P. PARI5 SURVEY A-1222 TRACT 1-A J .R. SEL.LEH SUB LOT H WALKER ADDDITION BLOCK 1, LOT 1 BIDCK 2, LOT 24 BLOCK 3, LOT 1 BLOCK 4, LOT 1 & 24 BLOCK 5, LOT 1-R & 24 BOARD OF TRADE ADDITDION BLOCK 1 LOTS 1 THRU 9 SOUTH SIDE ADDITION BLOCK 2 LOTS 8 THRU 13 & 15 -5- WEST BOLT STREET: O06T DISTRIBUTION: A. PROPEFZTY OWNER BY ASSESSN~IT .........................$38,305.40 B. FORT WOR~3 CITY .................... ...............$343,237.85 Construction ...................$308,552.10 Eng Insp / Ac~nin ...............$ 34,685.75 (10$ of estimate $346,857.50) C. Tt~TAL ESTIMATED PROJECT OAST .........................$381,543.25 -6- ~t ACCOUNTiNG•2 ~~~~ ~,f ~®~~ ~®~~~~ ~~~~~ JRANSVORTATIONlPU9lIC.t~~y,~~~ ~~^// ~®~,~^~~~ ~®~~~~~~~~~®~ 111iER AOMINJSIRATWIr ~ U (~ •U~' A/A„AGEMEMT S R®~e.l REFERENCE SUBJECT AUTHORIZATION OF PROJECT PAGE NUMBER AND ESTABLISHMENT OF BENEFIT HEARING 3 +I~Aw.s 10/31/89 G-8302 DATE FOR THE ASSESSMENT PAVING OF i°t , ~/}~-.. J W. BOLT STREET FROM 6TH AVENUE TO JJ HEMPHILL STREET RECOMMENDATION. It is-r-ecommended that the City Council• 1. Approve the following bond fund transfers - ~ ---- FROM TO AMOUNT REASON 94-009905-00 Special Assessments Unspecified 2. Declare the ne from 6th Avenue 67-040181-00 $38,305.40 To provide funds for W. Bolt Street the property owner's share of the street construction. cessity for and order the improvements to W. Bolt Street, to Hemphill Street, 3. Authorize the assessment of a portion of the cost of the W. Bolt 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 December 5, 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 improvement of W. Solt Street from 6th Avenue to Hemphill Street. The project is located in the Worth Heights target area. CDBG funds will provide 15% of the construction cost. This project is located in Council District No. 9. SUBJECT AUTHORIZATION OF PROJECT AND ESTABLISHMENT OF BENEFIT HEARING W. BOLT STREET FROM 6TH AVENUE TO : , HEMPHILL STREET PROJECT DESCRIPTION STREET LIMITS WIDTH/FEET ROW WIDTH/FEET W. Bolt 6th Avenue to 30 50 Hemphill Street PROPOSED IMPROVEMENTS• West Bolt Street from 6th Avenue to Hemphill Street is proposed to be reconstructed with six-inch thick reinforced concrete pavement with seven-inch high concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty feet wide on a fifty-foot right.-of-way. Six-inch thick concrete driveway approaches 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 concrete pavement $32.36/L.F. 7" high attached concrete curb $ 2.88/L.F. 6'' thick concrete driveway approaches $ 2.78/S.F. The assessment rates result in the following division of cost: Property Owners $ 38,305.40 (10~) City's share of the cost $343,237.85 (90%) Total Project Cost 81,5 3.25 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 Special Assessment 009905-00 Special Assessment $38,305.40 Fund 94 Unspecified Upon approval and completion of Recommendation No. 1, sufficient funds will be available as follows rv ,.+ DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT PAGE NUMBER qND ESTABLISHMENT OF BENEFIT HEARING 3 0,3 10/31/89 G-8302 W. BOLT STREET FROM 6TH AVENUE TO HEMPHILL STREET FUND PROJECT N0. PROJECT NAME AMOUNT Street Improvement 040181-00 W. Bolt Street $38,305.40 Fund 67 Financing for the City's share of the construction cost will be established at the time of contract award. BW•d APPROVED BY CITY COUNCIL OCT 31 i989 I~~ ~~-c~•.d~,,,,, Citg 3eczetaslr of the Cite of $ort Wozs2~ Tait~A SUBMITTED FOR THE ABYGER'S gill Wood I DISPOSITION BY COUNCIL: ^ APPROVED PROCESSED BY FFICE O ^ OTHER (DESCRIBE) ORIGINATING DEPARTMENT HEAD• Gay'y Santerre CITY SECRETARY FOR ADDITIONAL INF~RM(lunlya 8063 CT L Q Y Ado ted OrdinatlC4 ~Ho. ~ DATE CONTA