HomeMy WebLinkAboutOrdinance 10432ORDINANCE NO. ~~3~
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMENT OF, CAREY ROAD, UNIT IA, FROM
WILBARGER STREET 'I'O BERRY STREET, AS HEREINAFTER SET FORTH;
ORDERING AND APPROVING ESTIMATE OF CASTS; MAKING REVISIONS FOR THE
LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS
THEREOF FOR APART 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 ~ SAID
STREET IMPROVEMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE
1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY
SECRETARY T10 ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE
CAFJI'ION 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 PF~VIDING 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, Carey Road, Unit IA, which is hereby designated Project
No. 67-040165-00 (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:
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.
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II.
The estimated cost of the Project to the City of Fort Worth based on the
estimate of the City Engineer is $ 1,051,600.00. 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 an~ 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 a
shall constitute a first and prior
liability of the owners thereof an
the City of Fort Worth of th
assessments shall be due and p
acceptance by the City of Fort W
abutting owner so elects, by compl
said assessments may be paid in in
in five (5) equal, consecutive ann
be due and payable no`later than
the City of Fort Worth of the Proj
due and payable on an annual basi
the acceptance of the Project; in
paid in forty-nine (49) equal con
installment to be due and payable
acceptance by the City of Fort Wor
pay the assessment in installment
precedent to such election, must
and materialmen's lien contract
assessment in accordance with t
gutting properties and the owners thereof
lien upon such properties and a personal
! shall be payable upon the acceptance by
Project after its completion. Said
Dyable on or before 30 days after the
~rth of the Project, except that, if the
ping with the terms hereinafter set forth,
~tallments. Said assessments may be paid
zal installments, the first installment to
hirty (30) days after the acceptance by
pct, and each subsequent installment to be
on each consecutive anniversary date of
the alternative, said assessments may be
~ecutive monthly installments, the first
no later than thirty (30) days after the
~h of the Project. Any owner electing to
~, as provided for herein, as a condition
execute a promissory note and mechanic's
evidencing the owner's intent to pay the
ie 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 i~nediately 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.
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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 beheld before the City Council of Fort
Worth, Texas, on the 19th day of DECEMBER 1989 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 AND APPROVED THIS
19_.
7~
DAY OF ,
APPROVED AS TO FORM AND LEGALITY:
1
~ ~ ~
~5,~'s+A~+~'~' City Attorney
Date:
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(bJILBARGER STREET TO BERRY STREET)
PROJECT NOo 67-040165-00
OCI'OSER 1989
CAREY ROAD, UNIT IA
~PROJECT N0. 67-040165-00, ('AREY ROAD UNIT IA, FROM WILBARGER STREET 'IC) BERRY STREET, to b~:
~.mproved by constructing a seven-inch reinforced concrete pavement with a seven-inch hig~~
~ attached concrete curb on a six-inch lime stabilized subgrade. The finished roadway wily
`be forty to forty-eight feet wide with a variable Right--Of-Way. Six-inch thick concrete drive~-
'way approaches will be constructed where specified on the plans. Drainage appurtenances will.
be installed where necessary.
06~JNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE
BEGINNING AT WILBARGER FRANK COLLTNS SUBDIVISION
EASTSIDE
000000577146
RED ARl~W
FREIGHT LINES
P 0 BOX 697
CHERRYVILLE NC 28021
BLK 1R LOT lA
1008.00'ADJU5TED
I 931.00°PAVEMENT
915.00°CURB
931.00'DRAINAGE
49.20
2.70
48.18
AMOUNT
45805.20
2470.50
44855.58
93131.28
APPRAISAL 53424.00
ASSES5MEPST
53424.00
ADJUSTED: *, **, VACANT IAT
000003845370
D MORRIS RETIREMENT
P 0 BOX 1549 I
CRESTED BUTTE CO 81224
A 395 TR 12D2
JAMES W DANIEL SURVEY
324.00'PAVEMENT
308.00'CURB
324.00'DRAINAGE
49.20 15940.80
2.70 831.60
48.18 15610.32
32382. I2
APPRAISAL 17172.00
17172.00
ADJUSTED: *, VACANT LOT
000003845311
CLYDE PEABODY
P 0 BOX 2431 I
FT WORTH TX 76113
A 395 TR 12C1, 12C1A, 12C2
JAMES W DANIEL SURVEY
364.00'PAVEMENT 49.20 17908.80
348.50°CURB 2.70 940.95
364.00'DRAINAGE 48.18 17537.52
36387.27
APPRAISAL 19292.00
ADJUSTED: *, VACANT LOT
19292.00
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.~,
%C,~~NER & LEGAL DESCRIPTION ZOiJING
~,
°000004412567
MAPIHATTAN NAIL BANK
ATTN:CAROL R COOK
1020 MACON I
FT WORTH TX 76102
BLK 1 LrJ'T 1
AA7USTED: * , *** , VACAPIT LOT
000003845532
JAMES H SIMMONS
4005 CAREY RD
FT WORTH TX 76119
A 395 TR 12K
ALZ7USTED: #, RESIDENCE
000003845567
WILBARGER CORP
2510 TEXAS AMERICAN BANK
FT WORTH TX 76102
A 395 TR 12N
B
A
L~'RONTRGE RATE
JAMES M.Q~NIEL ADDITION
568.00°ADJUSTED
478.00°PA~'EMENT
446.50°CURB
478.00'DRAINAGE
124.95°SF DR APPR
AMOUNT
49.20 23517.60
2.70 1205.55
48.18 23030.04
2.75 343.61
48096.80
APPRAISAL 25334.00
JAMES W I~dIEL SURVEY
175.00°ADJUSTED
75.00'PAVE~'IENT 49.20 3690.00
75.00°CURB 2.70 202.50
75.00'DRAINAGE 48.18 3613.50
93.95'SF DR APPR 2.75 258.36
7764.36
APPRAISAL 3975.00
JAh9ES W DANIEL SURVEY
140.00'PAVEMENT 49.20 6888.00
140.00°CURB 2.70 378.00
140.00'DRAINAGE 48.18 6745.20
14011.20
APPRAISAL 7420.00
ASSESSP'lENT
25334.00
3975.00
7420.00
VACANT LOT
ti~STSIDE
000001350196
CARRUTHA JIMISON
b GARY COOPER
904 MERRIOTT
ENNIS TX 75119
BLK 8 LOT 15
HOME ACRES ADDITION
B I01.00'PAVEMENT
101.00'CURB
101.00°DRAINAGE
101.70'SF DR APPR
49.20 4969.20
2.70 272.70
48.18 4866.18
2.75 279.68
10387.76
APPRAISAL 5353.00
5353.00
VACANT LOT - 2-
~a w ~
f7~~NER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUtTT ASSESSt•'IEt]T
"'GARDEN LANE INTERSECTS HOME ACRES ADDITION
~x~- ------------------------
- - ----------------~_~ ~
~
~00001349864
JAMES R BROt~~1N
P 0 BOX 24404 I 415.00'PAVEMEtTT 49.20 20418.00
FT WORTH TX 76124 383.00'CURB 2.70 1034.10
BLK 7 LI7TS 17 THRU 20 415.00'DRAINAGE 48.18 19994.70
41446.80
APPRAISAL 21995.00
21995.00
AI.l7USTED: *, VACANT IfJ'TS
Hq'4E ACRES ADDITION
000001349865
JAMES R BRC7LJN
P 0 BOX 24404 I 351.00'PAVEt-4EtTT 49.20 17269.20
FT WORTH TX 76124 303.00'CURB 2.70 818.10
BLK 7 LOTS 15A, 16 163.60'SF DR APPR 2.75 449.90
18537.20
APPRAISAL 18603.00
ALI7USTED: *, EXISTING BUSINESS
G J ASSABRANNER SURVEY
000005808677
FREEDOM
BAPTIST CHURCH
5129 j•JILBARGER ST E 127.00'PAVF?-9EtTT 49.20 6248.40
FT WORTH TX 76119 127.00'CURB 2.70 342.90
A 7 TR 33
6591.30
APPRAISAL 6731.00
CHURCH BUILDING
18537.20
6591.30
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CARY ROAD, UNIT IA
The Assessment Paving Policy as revised 3uly 28, 1987 iM&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.
J.M. DANIEL SURVEY
Abstract 395, Tract 12-M
EASTWUOD ADDITION
Block 12, lots 1 thru 19
Block 10 , lots 27 thru 35
Block 11, lots 1, 5, 6, 7
HOME ACRES ADDITION
Block 8, lots 7A, 7B, 7B1, 7C, 7D, 7E
Block 8, lots 9, 10, 11, 12A, 12B, 13, 14A, 14B
Block 8, lots 16, 17C1, 17C2
GENERAL, INFORMATION
The City of Fort Worth owns Block 8 Lot 8, in the Herne Acres Addition.
LDGEND:
* Inlet credit
** Project limits
*** Credit for drainage easement.
# Assessment for the first 100 feet is being paid for with CDBG funds.
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CAREY ROAD, UNIT IA:
COST DISTRIBUTION:
A. PROPERTY OV~1fIER BY ASSESSMENT ........................$179,093.50
B. CAST 'IO FORT WORTH CITY ..............................$872,506.50
Street Construction ..................$776,906.50
Engr Insp/Admin... ...$ 95,600.00
(10~ of estimated bid~$956,000.00)
C. TOTAL ESTIMATED PROJECT COST .......................$1,051,600.00
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AccouaTllvc. z
TRANSPORTATION,PUtltR:~~„y~~ ly/ LL.Y~ ~l.W~~ ~®(t/l!/~~L/ (Lt~ ~1/®~U U l4~ IL~IV~ IlilL/~.1VlL (L®~
MATER ADMI
DATE REFERENCE
NUMBER
v-w.s 11-7-89 G-8310
~k' „~L,
RECOMMENDATION
SUBJECT AUTHORIZATION OF PROJECT AND PAGE
ESTABLISHMENT OF BENEFIT HEARING 4
DATE FOR THE ASSESSMENT PAVING 1°r _
OF CAREY ROAD (UNIT I, Imo, AND
WILBARGER STREET (UNIT II)
It is recommended that the City Council ,
1. Approve the following inter-fund transfers
From To Amount Reason
94-009905-00 29-036959-00 $177,447.17 To provide funds
Special Carey Road for the property
Assessments Unit I and owners' share of
Unspecified Wilbarger Street, the street con-
Unit II struction.
94-009905-00 67-040165-00 $179,093.50 To provide funds
Special Carey Road, for the property
Assessments Unit IA owners' share of
Unspecified the street con-
struction.
2. Declare the necessity for and order the improvements to Carey Road, Unit
I, from Wilbarger Street to US Highway 287, Wilbarger Street, Unit II,
from Carey Road to west property line of Block 5 in Village Creek
Industrial Park Addition, and Carey Road, Unit IA, from Wilbarger Street
to Berry Street,
3. Authorize the assessment of a portion of the cost of the Carey Road
(Units I and IA) and Wilbarger Street (Unit II) 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 Decernber 19, 1989, as the date of the benefit hearing,
6. Authorize the preparation of assessment rolls and notification of pro-
perty owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Texas Statutes, and
7. Adopt an ordinance reflecting the City Council's authorization and
approval of Items 2 through 6 and other applicable requirements of
Article 1105b, Vernon's Annotated Texas Statutes.
DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT AND PAGE
NUMBER ESTABLISHMENT OF BENEFIT HEARING 2 of 4
11-7-89 G-8310 DATE FOR THE ASSESSMENT PAVING
OF CAREY ROAD (UNIT I, IA), AND ~"
WILBARGER STREET (UNIT I I ) ~. ,~; ~,,
nrcriiccrnN
The 1986-88 Capital Improvement Program approved in March, 1986, included
funds for the improvement of Carey Road from E. Berry Street to US Highway
287. The section of Carey from Wilbarger to US 287 and Wilbarger Street from
Carey Road to the west property line of Block 5 in the Village Creek
Industrial Park Addition are included in a Community Facilities Agreement
with the owner of 50~ of the adjacent land.
The streets are in the Stop Six target area, and CDBG funds will provide 30%
of the construction cost for Carey Road Units I and IA.
The projects are located in Council District No. 5.
PROJECT DESCRIPTION
Street Limits Width/Feet
Carey Road, Unit I
Wilbarger Street
to US Highway 287
48 to 60
Carey Road, Unit IA
Wilbarger Street,
Unit II
PROPOSED IMPROVEMENTS
E. Berry Street to
Wilbarger Street
Carey Road to west
property line of
Block 5, Village
Creek Industrial
Park Addition
40 to 48
48 to 60
Row Width/Feet
Variable
Variable
Variable
Carey Road (Unit I), from Wilbarger Street to US Highway 287, is proposed to
be improved by constructing a seven-inch thick reinforced concrete pavement
with a seven-inch high attached concrete curb on a six-inch lime stabilized
subgrade so that the finished roadway will vary from forty-eight to sixty-
feet on a variable right-of-way. Drainage appurtenances and street lights
will be installed where necessary.
Carey Road (Unit IA), from Wilbarger Street to Berry Street, is proposed to
be improved by constructing a seven-inch reinforced concrete pavement with a
seven=inch high attached concrete curb on a six-inch lime stabilized sub-
grade. The finished roadway will be 40 to 48 feet wide with a variable right-
of-way. Six-inch thick concrete driveway approaches will be constructed where
specified on plans.
Wilbarger Street (Unit II), from Carey Road to the west property line of
Block 5, Village Creek Industrial Park Addition, is proposed to be improved
by constructing a 7-inch. reinforced concrete pavement with a 7-inch high
attached concrete curb on a 6-inch thick lime stabilized subgrade so that the
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oaTE REFERENCE SUBJECT AUTHORIZATION OF PROJECT AND PAGE
NUMBER ESTABLISHMENT OF BENEFIT HEARING. 3 ut 4
11-7-89 G-8310 DATE FOR THE ASSESSMENT PAVING
OF CAREY ROAD (UNIT I, IA), AND
WILBARGER STREET (UNIT II)
roadway will be 48 to 60 feet wide on a variable right-of-way. Four inch
thick, 5 foot wide concrete sidewalks will be constructed on the north side
of the street, and 6-inch thick concrete driveway approaches will be con-
structed where shown on the plans. Drainage appurtenances and street lights
will be installed where necessary.
ENGINEER'S ESTIMATE OF COST
Based on the Engineer's cost estimate, the assessment rates have been estab-
lished as follows
Carey Road, Unit I
7 inch thick reinforced concrete pavement $50.71/L.F.
7 inch high concrete curb $ 2.64/L.F.
Street lights $ 1.97/L.F.
Drainage $12.08/L.F.
Carey Road, Unit lA
7 inch thici< reinforced concrete pavement $49.20/L.F.
7 inch high concrete curb $ 2.70/L.F.
6 inch thici< concrete driveway approaches $ 2-.75/S.F.
Drainage $48.18/L.F.
Wilbarger Street, Unit II
7 inch thick reinforced concrete pavement $50.71/L.F.
7 inch high concrete curb $ 2.64/L.F.
6 inch thick concrete driveway approaches $ 75/S.F.
4 inch thick concrete sidewalk $;~.60/S.F.
Street lights $ 3.75/L.F.
Drainage $16.20/L.F.
The assessment rates result in the following division of cost
Carey Road, Ur~`'t ~I~ ~`~~~'q',;':i
Property ~wners $187,727.20 (61%)
Fort Worth City $119,216.32 (39%)
~~~;Toi;al F.Project Cost 306,943.52
Carey. Road, Unit IA
Properiry~~rs>~~~~>~~w~~-p~~ $ 179,093.50 (17%)
Fort Wort h~~e.C~~ty~~~a: ,~,-r $ 872,506.50 (83%)
~~t'~~~'Td~ta~l~`~Pr~;~ECt Cost 1,051.600.00
Wilbarger Street, Unit II
Property Owners $268,847.97 (44%)
Fort Worth City $340,529.07 (56%)
Total Project Cost 609,377.04
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DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT AND PAGE
NUMBER ESTABLISHMENT OF BENEFIT HEARING 4 4
11-7-89 G-8310 DAT E FOR THE ASSESSMENT PAVING °f
OF C REY ROAD UN I, ,
WIL BARGER STREET (UNIT II)
AUTHORIZATION OF PROJECT
In accordance with the provisi ons of the 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 a s follows for transfers
Fund Project No. Project Name Amount
94 009905-00 Special Assessments $356,540.67
Unspecified
Upon approval and completion of Recommendation No. 1, sufficient funds will
be available as follows
29 036959-00 Carey Road Unit I, $177,447.17
Wilbarger Street
Unit 2
67 040165-00 Carey Road Unit IA 179,093.50
$356,540.67
BW f{6
APPROVED BY
CITY C4UNCiL
NOV 7 1989
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City Seocotoz3t of t~
GitY of Fort WactA, rieo~
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BV Wi 11 i am WOOd DISPOSITION BY COUNCIL.
Q APPROVED PROCESSED BY
ORIGINATING
Q OTHER (DESCRIBE)
DEPARTMENT HEAD Gary Santerre C ECRETARY
FOR ADDITIONAL INFORMATION
8063
TACT Lunda Q opted OrdinanC't Nb,
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CON
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Adopted Ordinance Nda/~'~,,.~,~~'' U~ ~ r~