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Home My WebLink AboutOrdinance 10372ORDINANCE NO. ~~~I~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF DE COSTA AVENUE, FROM LAWNWC)OD AVENUE, SOUTH APPROXIMATELY SEVEN HUNDRED AND FIFTY FEET, LAVdNWt~OD AVENUE, FROM BRANDIES STREET TO DE COSTA AVENUE, AND BRANDIES 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 IP~IPROVF~~IENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF A170P'TION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREE'T' IMPROVEMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 11O5b OF VERNON'S TEXAS CIVTL STATUTES; AI`1.D 1~I.RECTING 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 RATE. WHEREA5, 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, DE COSTA AVENUE, FROM_ LAWNWOOD AVENUE, SOUTH APPROXIMATELY SEVEN_ _HUNDRED AND FIFTY FEET, LAWN4400D AVENUE, FROM BRANDIES STREET TO DE COSTA AVENUE, AND BRANDIES STREET, FROM LAWNWOOD AVENUE~TO EAST EAST FIRST STREET, which is hereby designated Project i.1o.-~~v&7-040176-00, (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 WORT.F3, 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 t'nereto. -1- II. The estimated cost of the Project to the City of Fort Worth based on the estimate of the City Engineer is $ 270,936.05. The estimated cost of the Project shall be paid partly by t~ie-City f 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, cutters and sidewalks and nine-tenths (9/lOths) of the cost of the remaining m rovements compri$ing the,Pro]]ect. In any event, said assessments shall no~ 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 thereo:E. 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 ir~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. -2- r'~ 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 26TH DAY OF SEPTEMBER, 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 o7` 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 t~4inute 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 after the date of its passage. PASS AND APPROVED THIS ~~ DAY OF APPROVED AS 'Ib FORM AND .GEGAf ITl': - - - - - --- City Attorney r Date: force and effect from and -3- r ,~~ ~~:._. .;. PROJECT N0, 67-040176-00 DE COSTA AVENUE LAWNWOOD AVENUE AUGUST 1989 BRANDIES STREET ~.~ •- PROJECT NO. 67-040176-00, DE COSTA AVENUE, FROM LAWIV6~lO0D AVENUE, SOUTH APPROXIMATELY SEVEN HUNDRED AND FIFTY FEET, to be improved by constructing a six-inch reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch lime stabilized subgrade so that the roadway will be twenty-seven feet wide on a forty foot right-of~way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. OW1~R & LEGAL DESCRIPTION S•]EST SIDE 000002114194 HALL PLUMBING 00 600 DE OOSTA FORT WORTH TX 76111 IILK A LOT A ZONING FROrrTAGE RATE AMOUNT ASSESSMENT PAGE EAST SIDE SUBDIVISION J 210.00'PAVEI~4IIJT 29.17 6125.70 210.00'CURB 2.94 617.40 6743.10 6743.10 000002114208 HAWS & GARRE'TT $ DON R. TURLINGTON 2117 CENTRAL DR BEDFORD TX 76021 BLK A J 310.00'PAVFI~'IEDTT 29.17 9042.70 310.00'CURB 2.94 911.40 391.15 SF DR APPR 2.68 1048.28 11002.38 11002.38 EAST SIDE 000003819582 ROBERT H FROST, ETAL P.O. BOX 1715 FORT WORTH TX 76102 TR iC R CROSS SURVEY A-304 J 580.00'PAVFS'~dT 580.00'CURB 29.17 16918.60 2.94 1705.20 18623.80 18623.80 -1- r':; '- OWI~R & LEGAL DESCRIPTION EAST SIDE 000002115522 OSCAR FUCHSHULER 3900 IAWN4JOOD AVE FORT WOR'i~i TX 76111 BLK 20 LOT 1 ZONING FRONTAGE RATE AMOUNT ASSESSMEPTT PAGE EAST SIDE SUBDIVISION FR 150.00'PAVFMENT 29.17 150.00'CURB 2.94 112.20 SF DR APPR 2.68 4375.50 441.00 300.70 5117.20 5117.20 -2- DE OOSTA AVENUE 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 area 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. PAGE EAST SIDE SUBDIVISION Block 19 Lot 8 -3- 'f 3 PRp-TECT N0. 67-040176-00, LAWNVJt~OD AVENUE, FROM BRANDIES STREET TLS DE COSTA AVENUE, to be improved by constructing a six-inch thick reinforced concrete pavement with a ,~: seven-inch high concrete curb on a six-inch thick lime stabilized subgrade so that the roadway will be thirty-one feet wide on a sixty foot right-of way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. O4+lI~R & LEGAL DESCRIPTION ZONING FRCXITAGE RATE AMOUI~TT ASSESSMENT i0~Tlii SIDE 000002115468 ROBERT E FENNEL ETUX CECIL RT 3, BOX 597 RED BAY, AL 35582 IILK 19 IlJT 4 PAGE EAST SIDE SUBDIVISION B 50.00' PAVIIKENT 32.30 1615.00 50.00' CURB 2.86 143.00 126.95 SF DR APPR 2.68 340.23 2098.23 2098.23 VACANT Lfl'I' -4- r' LAWNWOOD AVENUE 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. PAGE FAST SIDE SUBDIVISION Block 14, Lots 9 thru 16 Block 19, Lots 1,2,3,& 5 thru 8 -5- } PROJDCT NO. 67-040176-00, BRANDIES STREET, FR~9 LAL~JN6900D AVENUE TLS EAST FIRST ' 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 roadway will be twenty-nine feet wide on a fifty foot rightrof-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. OWNER & LEGAL DESCRIPTION EAaT SIDE 000001p4~97~340 BOX 76~ ~~ FORT WORTH TX 76111 LlJT 1 Existing Garage 000002113996 AMOUNT ASSESSMEfTT 30.05 2253.75 2.85 213.75 2.68 251.79 2719.29 2719.29 PAGE EAST SIDE SURDIVtS.CON ZONING FRONTAGE RATE KEN~T•T• SUBDIVISIOPI B 75.00'PAVIINENT 75.00'CURB 93.95 SF DR APPR STANDARD MEAT 00. B/J $ PROPERTY TAX SVC. 3709 E. FIRST STREET £'O:~' ~90RTH , TX 76111 BLK 1 L~7I5 1-A & 2A 390.00'PAVFMENT 374.00'CURB 30.05 11719.50 2.85 1065.90 12785.40 12785.40 Adjusted: *, Vacant lots ~'7uST SIDE 000004692047 FIRST LAND 00. J BOX 7440 FORT WORTH TX 76111 TR-4E B E 4~LL,ER SURVEY A-1659 140.00'PAVEMENT 30.05 4207.00 124.00'CURB 2.85 353.40 4560.40 4560.40 Adjusted: *, Existing building -6- ^ ~. l / r. C BRANDIES STREET a" 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. PAGE EAST SIDE SUBDIVISION Block 14 Lots 9 & 1 Block 9 Lots 9 & 1 KE~TD~ALL SUBDIVISION Lots 2 & 3 B.E. WALLER SURVEY A-1659 TRACT 4B1 RIVERSIDE ADDITION Block 13 Lots 14R,15,30 Block 40 Tats 15 & 30 Block 41 Lots 15 & 30 -7- .. ~ ... ~' w . w ~F. ~ d M1 ~' OOST DISTRIBUTION: PI~.7ECT 67-040176-00 (De Costa, Lawnwood, Brandies) A . Tt7TAL OOST TC1 ALLTACENT PROPERTY a•~[QERS ................. $ 63 , 649.80 (A-1) De Costa Ave. $ 41,486.48 (A-2) Lawnwood Ave. $ 2,098.23 (A-3) Brandies St. $ 20,065.09 B . TC)TAL OOST THE CITY OF FLIRT V1OR'lS3 ....................... $207 , 286.25 (B-1) Construction ...................$ 95,700.16 (B-2) Eng Insp / Admin ...............$ 24,630.55 (10$ of estimate $246,305.50) C. TOTAL ESTIMATID PROJECT COST ............................$270,936.05 LDGEND: * Inlet credit -8- ~ ~ MA5T A.flj !' ACCOiiUNTINQ+2 rRAI~'~PORTATIONjPUeI~ ~ CI V ll ~.l{/ IL.J/ ® U MATER AOMINISTRATI e1~ tAw.x DATE REFERENCE SUBJECT AU I HUKILA I lUN OF I'KUJEGT AND PAGE NUMBER ESTABLISHMENT OF BENEFIT HEARING DATE 3 8/29!89 G-8186 FOR THE ASSESSMENT PAVING OF DE COSTA 1of STREET RECOMMENDATION. It is recommended that the City Council: 1. approve the following bond fund tipansfer. FROM TO AMOUNT REASON 94--009905-00 67-040176-00 $63,649.80 To provide funds Special Assessments De Costa Avenue for the property Unspecified Lawnwood Avenue owner's share of and Brandies the street con- Street struction. 2. declare the necessity for .and order the improvements to De Costa Avenue, Lawnwood Avenue and Brandies Street. 3. authorize the assessment of a portion of the cost of De Costa Avenue, Lawnwood Avenue and Brandies 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 September 26, 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 app licable requirements of Article 1105b, Vernon's Texas Civil Statutes. nrcriiccrnN The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of De Costa Avenue, from Lawnwood Avenue South approximately 750 feet, Lawnwood Avenue from Brandies Street to De Costa Avenue, and Brandies Street, from Lawnwood Avenue to East First Street. These streets are located in the Riverside target area and qualify for CDBG participation. Since the streets were never constructed to City standards CDBG will fund 30~ of the project cost. This project is located in Council District No. 8. ~r: ,~,. r 1~ ~~ DATE REFERENCE ~ SUBJECT AUTHORIZATION OF PROJECT AND PAGE NUMBER ESTABLI SHMENT OF BENEFIT HEARING DATE 3 3 8 29 89 G-8186 FOR THE ASSESSMENT PAILING~F DE C0 of AVENUE, LAWNWOOD AVENUE AND BRANDIES STREET The assessment gates result in the fo llowing division of cost. Property Owners $ 63,649.80 (23~) Fort Worth City $207,286.25 (77~) TOTAL $270,936.05 An independent appraiser has ad vised the staff as to the amount of enhancement to property values that will result from the proposed improvements. The assessments have be en 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 es timates of cost for the proposed project, condu ct a benefit hearing and levy assessments for the project. FINANCING. Sufficient funds are available as fol lows for transfers FUND PROJECT N0. PROJECT NAME AMOUNT Special Assessment 009905-00 Special Assessments $63,649.80 Fund 94 Unspecified Upon approval and completion of Recommendation No. 1, sufficient funds will be available as f ollaws. FUND PROJECT N0. PROJECT NAME AMOUNT Street Improvement 040176-00 De Costa Avenue $63,649.80 Fund 67 Lawnwood Avenue and Brandies Street Financing far the City's share of the construction cast will be established at the time of contract award. gppROVED BY DAI j CITY COUNCIL auc 29 1989 /C~~ ~~ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY Dayi d Tvnrv ...~..-~~-" DISPOSI Y COUNCIL. ~yA~ea~:m~ of t2>,e - PROCESSED 8Y ORIGINATING ~t10R1~-I€R~{ ~' EE-r~s.~ DEPARTMENT HEAD CITY SECRETARY FOR ADDITIONAL IN FO P. ifATION ~ CONTACT DATE