The URL can be used to link to this page

Home My WebLink AboutOrdinance 10371_- _ ..- ~~ ~ ~, ORDINANCE N0. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF LORAINE STREET FROM SCHADT STREET TO DEEN ROAD,. 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, LORAINE STREET FROM SCHADT STREET TO DEEN ROAD, which is hereby designated Project No. 67-040155-00, (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. ,.. ., ~, ~ . II. The estimated cost of the Project to the City of Fort Worth based on the estimate of the City Engineer is S 382,L.800.00. 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 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 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 .~~~1 .~.~ ~~ , 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 3RD OF OCTOBER, 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 ~ DAY OF , 19 . APPROVED AS TO FORM AND LEGALITY City Attorney Date• LORAINE STREET SCHADT STREET TO DEEN ROAD PROJECT N0, 67-040155-00 JUNE 1989 ~; ~- 4PROJE,CT PJC~. 67-040155-00, UJRAINE STREET, F~Or4 SCHADT STREET 7U DEEN ROAD, 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 r"be thirty feet wide on a sixty-foot Right-~f-Jay. Four-inch thick concrete sidewalks and six- inch thick concrete driveway approaches will be constructed where shown on the plans. 0~1NER & LEGAL DESCRIPTION BEGINNING AT SCHADT SOUTHSIDE 000001815334 PIELLIE LITTLE 2900 SCHAI7T FT ~JORTH TX 76106 BLK 65 LOT 1 RESIDENCE 000000051578 ROT3E2i"0 ETl1X CONSUELO BAEZ 2833 sc~~,aAFZrz AVE FT F70RTH TX 76106 BLK 67 IIJT 18 ZONING FRONTAGE RATE AMOUNT ASSESSr1ENr MORGAN H'TS ADDITION E 134.00 'PAVEMErrr 31.28 4191.52 134.00 'CURB 3.39 454.26 492.00 ' SF SIX~JK 2.41 1185.72 126.95 'SF DR APPR 3.21 407.51 5239.01 APPRAISAL 3600.00 ARCHER ADDITION C 128.00'PAVEr'lEC1T 31.28 128.00' CUP.~3 3.39 440.00'SF SIx7Y. 2.41 202.20'SF DR APPR 3.21 APPRAISAL 4003.84 433.92 1060.40 649.06 5147.22 3500.00 3600.00 3500.00 RES.U)r,^~ ~~. 000001806424 DOYLE FORD ~-LARP.ELL 1903 ra E 28TH ST C FT ~40RTH TX 76106 BLK 6 LOT 10 ADJUSTED: *, VACANT IIJT -1- 1 "1 NKX)i)Y All~ITION 138.00'PAVEMEr~r 31.28 4316.64 122.00'CURB 3.39 413.58 552.00'SF SIX~fC 2.41 1330.32 5050.54 APPRAISAL 3500.00 3500.00 'JWI~R~~ & LEGAL DESCRIPTION ZONING a---------------------------- 000001806297 DLAMO!'1D HILL, RA~'i IST CHURCH 2814 OSCAR B FT 67ORTH TX 76106 BIX 5 LOT 10 ~HURCH BUILDING 000001806297 DIANIOr1D HILL BAPTIST CHURCH 2814 OSCAR FT t]ORTH TX 76106 BLK 5 UJT' 9 FROPIT.AGE v RATr, J r7 MOODY ADDITION 140.00'PAVE'ME~TT 140.00'CURB 516.00'SF SDWK 126.95'SF DR APPR A! 9OUNT 31.28 4379.20 3.39 474.60 2.41 1243.56 3.21 407.51 6504.87 A_1'PRAISAL 3500.00 J ri ti00DY ADDI'T'ION B 140.00'PAVEMErIr 140.00'CURB 560.00' SF SDt•]K 31.28 4379.20 3.39 474.60 2.41 1349.60 6203.40 APPRAISAL 3500.00 vAc.Ar7'1' LOT 000001806742 AKA PENTECOSTAL HOLINESS CHiJRCH 2900 HUTCHir1SOr1 FT ~JORTH TX 76106 BI~C 9 LOT 12 J M r100DY ADDITION B 130.00'PAVEr'4T;NT 130.00'CURB 520.00' SF SDt 7r: 31.28 4066.40 3.39 440.70 2.41 1253.20 5760.30 APPRAISAL 3500.00 CHURCH BUILDING 000006199755 FORT WORTH ISD 3210 LANCASTER FT YJOTrI'H TX 76107 BIX 8R LOT 1 .7 M MOODY ADDITION B 296.00'PAVENIEr7T 296.00'CURB 1140.00'SF SDWK 126.95'SF DR APPR 31.28 9258.88 3.39 1003.44 1.21 1379.40 3.21 407.51 12049.23 APPRAISAL 45000.00 ASSESSr'IENT 3500.00 3500.00 3500.00 12049.23 AII7USTED: **, DIAMOND HILL SCHOOL -2- ~ Y?tG ~:Ot•~f1E12 & LE~.AL DESCRIPTION ZOPJIr1G FROrdTAGE RArE AMOUPTT ASSESSMENT _ J M MOODY ADDITION1 000001806580 r1IL'Ibr1 L GREEN 12737 ROSFCRANS SPACE 84 C 138.00'P~1VFTtEt1T 31.28 4316.64 rJORL9ALK CA 90650 122.00'CURB 3.39 413.58 BIJr 7 LOT 12 580.00'SF SI7«dK 2.41 1397..80 6128.02 APPRAISAL 3500.00 3500.00 ATI7USTED: *, RESIDENCE ARCHER ADDITION 000000051284 ~'IC?CKYARDS MASONIC LODGE PO F30X 4156 C 128.00'PAVQ'IENT 31.28 4003.84 FT NORTH TX 76106 128.00'CURB 3.39 433.92 BLY. 60 LOT 7 582.00'SF SD6-~K 1.21 704.22 5141.98 APPPAISAL 3500,00 AD3USTED: ** MORGAr7 H': S ADDITION 000001815032 GOP.DUt1 LITTLE 2900 SCHADT E 134.00'PAVErZENT 31.28 4191.52 FT t•JORTH TX 76106 134.00'CURB 3.39 454.26 BLK 62 LET 6 464.00'SF SDWK 2.41 1118.24 202.20'SF DR APPR 3.21 649.06 6413.08 APPRAISAL 3600.00 RESIDENCE 3500.00 3600.00 -3- z~ :~ ~~ ., ~`~; a LORAINE STREET, FROM SCHAIIT STREET TO DEEM ~aAD Tne -Assessment Paving Policy as revised July 28, 1987 (M&C X7160), 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. t~90RGAf~ HTS . ADDITION Block 65, Lot 18 Block 66, Lots 1, 18 Block 67, Lot 1 J.M. MOODY ADDITION: Block 6, IAt 9 Block 4, Lots 9, 10 Block 3, Lets 9, 10 Block 2, Lots 9, 10 Block 1, Lots 9, 10 Block 12, Lets 1, l2 Rt~x;k 11, LAts 1, 12 Block 10, Lets 1, 12 ~31ock 9, Lot 1 Block 7, Lot 1 ARCHER ADDITI01'1: Block 60, Lot 6 Block 61, Lots 6, 7 Block 62, Lot 7 LEGEP3D: * Inlet Credit ** The sidewalk rate was computed at $2.41/SF. City participation is 50~ of replacement cost, $2.41 X 50$ _ $1.21/SF. -4- LORAINE STREET COST DISTRIBIITION A. PROPERTY OWNER .... .......... .. .. ........$ 43,749.23 8 FORT WORTH CITY .. .... .. .. .. .. .. $339,050.77 IMPROVEMENTS .. .. ...$304,250.77 ENGR INSP/ADMIN .. .. $ 34,800 00 (10$ of estimate $348,000 00) C. TOTAL ESTIMATED PROJECT COST .. .. .....$382,800.00 -5- MASTER fILE~l' ~'! - ~' i_ ACCOUNTIN~~2 jY_ ~~ANSPORTAtION~PUBLIC . RK MATER ADMINISTRATION ~~ull!,ly/ ® // uw.s ~~~ c~~~uc~~c~ll ~®~,~,~~,~~~~~®~, DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT AND PAGE NUMBER ESTABLISHMENT OF BENEFIT HEARING DATE 3 8/29/89 G-8185 FOR THE ASSESSMENT PAVING OF LORAINE 1°, STREET FROM SCHADT STREET TO DEEN ROAD RECOMMENDATION _It,~' ,~_,~g,~ommended that the City Council ...~..i. I,t. ,:,.:.« --~=~ ~appr~ove the followiny bond fund transfer ~~" ~ '~._F"R6M_ TO AMOUNT REASON 94-009905-00 67-040155-00 $43,749.23 To provide funds Special Assessments Loraine Street for the property Unspecified owner's share of the street con- struction. 2. declare the necessity for and order the improvements to Loraine Street from Schadt Street to Deen Road, 3. authorize the assessment of a portion of the cost of Loraine 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 3, 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. nISCl1SS10N- The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Loraine Street from Schadt Street to Deen Road. The street is located in the Diamond Hill target area and qualifies for CDBG participation. Since the street was never constructed to City standards, CDBG will fund 30% of the project cost. This project is located in Council District No. 2. dr 'i d DATE REFERENCE sue~ECT AUTHORIZATION OF PROJECT AND PAGE NUMBER ESTABLISHMENT OF BENEFIT HEARING DATE 2 3 8/29/89 G-8185 FOR THE ASSESSMENT PAVING OF LORAINE ---°r~._ STREET FROM SCHADT STREET TO DEEN ROAD PROJECT DESCRIPTION STREET LIMITS WIDTH/FEET ROW WIDTH/FEET Loraine Street Schadt Street 30 60 to Deen Road ~-.~ ~`~ 4 Mrv.. n ey ~ PROPOSED IMPROVEMENTS: It is proposed to improve Loraine Street 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 be thirty feet wide on a sixty-foot right-of-way. Four-inch thick concrete sidewalks and 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 $31.28/L.F. 7 high attached concrete curb $ 3.39/L.F. 6" thick concrete driveway approaches $ 3.21/S.F. 4" thick concrete sidewalks $ 2.41/S.F. The assessment rates result in the following division of cost: Property Owners Fort Worth City Total $ 43,749.23 (11%) $339,050.77 (89%) 382 800.00 An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. The assessments have been adjusted accordingly. 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 Special Assessment Fund 94 PROJECT N0. 009905-00 PROJECT NAME AMOUNT Special Assessments $43,749.23 Unspecified .,;, J 1~ fi ~x ~, r -~~..?! DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT AND PAGE NUMBER ESTABLISHMENT OF BENEFIT HEARING DATE 3 3 8/29/89 G-8185 of _~ STREET FROM SCHADT STREET TO DEEM ROAD Upon approval and completion of Recommendation No. 1, sufficient funds will be available as follows FUND PROJECT N0. PROJECT NAME AMOUNT Street Improvement 040155-00 Loraine,Street $43,749.23 Fund 67 Financing for the City's share of the construction cost will be established at the time of the contract award. DAI j APPROVED BY c~r~r cou~c~~ AUG ~9 1989 Kw~ S~~wr~~„. Citp Secretnrp of the City of Fort Worth, Texae SUBMITTED FOR THE CITY MANAGER'S FF David Ivor DISPOSITION BY COUNCIL. PROCESSED BY ICE BY_ O y ^ APPROVEp ORIGINATING DEPARTMENT HEAD• Gary Santerre ^ OTNER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL IN FORIIQTTO(~et 7805 CONTACT ~IJJ 11 DATE