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Home My WebLink AboutOrdinance 10364,~ _ ~ ~. ORDINANCE N0. ~~(V AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF SYCAMORE SCHOOL ROAD UNIT IV, FROM CROWLEY ROAD (FM 731) WESTERLY EIGHTY-NINE LINEAR FEET, AND y,~ EASTERLY TWO HUNDRED AND THIRTY-Th1O LINEAR FEET; BEING A PART OF THE CROWLEY ROAD PROJECT. AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPI~VING ESTIMATE OF COSTS; LETTING CONTRACT TO THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS 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 TO FILE A NOTICE OF ADOPTION OF TIiIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT OOUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING 'lU SAID STREET IMPROV~I+4ENTS 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 APPla'JPRIATE 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 Sycamore School Road, Unit IV, from Crowley Road (FM 731) westerly eighty-nine linear feet, and Everman Parkway from Crowley Road (FM 731) easterly two hundred and thirty-two linear feet; being a rt of the Crowley Road Project, which is hereby designated Project No. 67-023201-00, (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, gutter 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; WHEREAS, the State of Texas has advertised and received bids, in accordance with TEX. REV. CIV. STAT. ANN., Articles 1105b and 2368a, and other applicable laws, such that a contract may be awarded for the construction of the Project; NOW, THEREFORE: -1- ~, ..., 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 the Project be carried out and constructed according to the Plans and Specifications, and any amendments thereto, for Project No. 67-023201-00 said Plans and Specifications being hereby specifically approved and adopted. II. The cost of the Project based on the estimate of the City Engineer is $ 85,526.62. The 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 of ter 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 (8g) 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. -2- H ri- S 3'~ 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 . The State Department of Highways and Public Transportation has requested by appropriate advertisement, as required by articles 1105b and 2368a and approved the lowest and best bid for the making and construction of said Project. The Fort Worth City's share of the improvements is to be paid to the State Depattment of Highways and Public Transportation by agreement in the amount of $ 85,526.62. To provide for the payment of said contract and the indebtedness incurred thereby, there is hereby appropriated out of available funds and current revenues of the City, an amount sufficient to pay the indebtedness so incurred. 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 DAY 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. -3= ,~ ,,,.~ _ VII. This ordinance shall take effect and be in full force and effect from and after the date of its passage. PAS AND APPROVID THIS pCps; °w-~ IY~Y OF _ , 19 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: -4- S 1? ~I ~~+ ~T~ CROWLEY ROAD (SYC.~'IURE SC~i00L RD / W EVII2~T PKWY PFt~TF7Cr NO. 67-023201-00 JUNE 1989 ~~ ~._ PRQTEX.'T N0. 67-023201-00 SYCAMORE SCHOOL RDAD, UNIT IV, FROM CROWI,EY ROAD (FM 731) r. ~~JESTERLY EIGHTY-NINE LINEAR FEET ArdD W EVERPIAN PARICP~Y FROM CROt,7LEY %~AD ( FM 731) EASTERLY 1W0 HUNDRED AND THIRTY-TWO LINEAR FEET; BEIPIG PAKr OF CR'JIJLEY 1~fJAD PROJECT, to be improved by constructing a nine-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on an asphaltic concrete base so that the finished roadway will be a double thirty-six foot roadway on a variable right-of way. 0V1NER & LEGAL DESCRIPTIOPJ ZONING FRONTAGE SYCAMORE SCHOOL ROAD ~ r n'Y'T'~'JI"1G ~ CRO'~~I£Y ROAD uaNi~ i i SOUTH WEST SIDE 000005248833 LESTER C. WEATHERBY 210 ~]. 6th STRFF~'I' FORT WORTH, TX 76102 A-873 TR 3B JOHN JENPIINGS SURVEY 650.00'ADJ ZU: 89.00' PAVEMENT 89.00'CURB AIITUSTED :JO~^.T:i i'JL,;i' SIDE 000004194047 SOUTHLAND CORD 2828 N HASKELL AVEfd[JE DALLAS TX 75204 A-1463 TR 2A SA & MG R R CO SURVEY 204.00'ADJ 'IU: 79.00' PAVEMEfTI' 79.00'CURB A7JUSTED E;VERMAN PARK69AY BEX;INNING AT CRCd`~1LEY ROAD :~TT:i EAST SIDE 000004319206 LFSTER WFATHERBY 210 W 6th #1409 FORT WORTH, TX 76102 :A-2027 TR 1 ADTUSTED G HERRERA SURVEY 1200.00 ALIT T0: 297.00'PAVFMF.NT 297.00'CURB RRTE 59.72 3.50 59.72 3.50 59.72 3.50 AMOUNT 5315.08 311.50 5626.58 4717.88 276.50 4994.38 17736.84 1039.50 18776.34 ASSESS~7ENT 5626.58 4994.38 18776.34 -1- ro ~` OL'7~dER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSA'fEPTT ;30RTH EAST SIDE G HERRERA SURVEY 0000005637686 CHARLES WEATHERBX, JR 1070.00' ADJ 'Its: 210 W 6th STREET #1409 332.00'PAVEMENT 59.72 19827.04 FORT WORTH, TX 76102 332.00'CURB 3.50 1162.00 A 2027 TR 3H 20989.04 20989.04 ADJUSTID LN~1D: * ADJUSTED PER PROJDCT LIMITS -2- Y SYCAMORE SCHOOL ROAD / W EVERMAN PARK4,~1Y COST DISTRIBUTION: A. Property owners $ 50,386.34 B. Fort Worth City $ 35,140.28 C . Tl7I'AL PROJECT OOST $ 85 , 526.62 -3- E y ~, '" ~i1SEit ~iLE• 1 ACCO~'NtINO.2 ~Z(L~ ®~ 1L ®~Q. 0'V' ®~(.~~ lL ~i.~i~i~ lTtAN~PORTA710N~PUBEIC WO 8 NAi~R AOMINt9TRAT10N i ~ ({7/ ~ U ~lu/~~ ~®IL1V~LL~~~ ~./® I/ 0 14i~ llilV~ IL~~IAIi~~®~ DATE REFERENCE suB~ECr AUTHORIZATION OF PROJECT AND PAGE NUMBER ESTABLISHMENT OF BENEFIT HEARING 3 8 22 89 ~'" G-8175 DATE FOR THE ASSESSMENT PAVING OF 1°f ..~.--. SYCAP10RE SCHOOL ROAD, UNIT IV, •~--~---- AND W. EVERMAN PARKWAY, PARTS -~----~" OF THE CROWLEY ROAD PROJECT R~`OC MMENDATION it is recommended that the City Council 1. approve the following bond fund transfers FROM TO AMOUNT REASON 94-009905-00 67-023201-00 $50,386.34 To provide funds for Special Assessments Crowley Road the property owner's Unspecified share of the street construction. 2. declare the necessity for and order the improvements to Sycamore School Road, Unit IV, from Crowley Road Westerly 89 linear feet, and W. Everman Parkway from Crowley Road Easterly 232 linear feet, both sections being part of the SDHPT's Crowley Road Street Widening project, 3. authorize the assessment of a portion of the cost of Sycamore School Road, Unit IV, and W. Everman Parkway 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. nrcriiccrnN On June 13, 1989 (M&C C-11698), the City Council authorized the City Manager to execute an agreement with the State Department of Highways and Public Transportation (SDHPT) providing for additional adjacent improvements to a State-funded project on Crowley Road from Alta Mesa Boulevard to Risinger Road. Crowley Road was initially a C.I.P. street, approved in the March, 1986 bond program as an assessment paving project. As a result of a subsequent SDHPT policy change, the State will now finance the full cost of Crowley DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT AND PAGE NUMBER ESTABLISHMENT OF BENEFIT HEARING 2 ~r, 3P 8/22/89 G-8175 DATE FOR THE ASSESSMENT PAVING OF °f SYCAMORE SCHOOL ROAD, UNIT IV, .; AND W. EVERMAN PARKWAY, PARTS OF THE CROWLEY ROAD PROJECT Road, and it will have no assessments. The additional improvements include the construction of Sycamore School Road, Unit IV, from Crowley Road westerly eighty-nine (89) linear feet, and W. Everman Parkway, from Crowley Road easterly two hundred and thirty-two (232) linear feet. The City's share of these improvements is a fixed sum in the amount of $85,526.62. The City must pay the full cost of the Sycamore School Road and W. Everman .Parkway improvements, and assessments are therefore appropriate. PROJECT DESCRIPTION STREET LIMITS WIDTH/FT. ROW/FT. Sycamore School Road From Crowley Road 2-36 Variable to 89' West W. Everman Parkway From Crowley Road 2-36 Variable to 232' East PROPOSED IMPROVEP1ENTS It is proposed to improve Sycamore School Road, Unit IV, and W. Everman Parkway by constructing a nine-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on an asphaltic concrete base so that the finished roadway will be a double thirty-six foot roadway on a variable width right-of way. ENGINEER'S ESTIP1ATE COST Based on the Engineer's cost estimate, the assessment rates have been established as follows 9" thick concrete pavement $59.72/front foot 7" high attached concrete curb $ 3.50/front foot The assessment rates result in the following division of cost Property Owners $50,386.34 (59%) Fort Worth City $35,140.28 (41%) Total Project Cost $85,526.62 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. ~, o, t 5:. F Y+ l~ ,., ~f! ~~ e '~ DATE REFERENCE NUMBER SUBJECT AUTHORIZATION OF PROJECT AND PAGE ESTABLISHMENT OF BENEFIT HEARING 3 3 8/22/89 G-8175 TE FOR THE ASSESSMENT PAVING OF or SYCAMORE SCHOOL ROAD, UNIT IU, AND W. EVERMAN PARKWAY, PARTS OF THE CROWLEY ROAD PROJECT FINANCING Sufficient funds are available for transfer in Special Assessment Fund 94, Project No. 009905-00, Special Assessments Unspecified. Upon approval and completion of Recommendation No. 1, Buff icient funds will be available in the Project Account, 67-023201-00, Crowley Road (Alta Mesa to Risinger), to fund the expenditure of $85,526.6 2. The expenditure will be made using Index Code 630335. DAI d APPROVED BY CITY COUNCIL AUG 22 1989 City SocreRO:! of the Cfty of Fort Worth. Tsxa~ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY David Ivory DISPOSITION BY COUNCIL. PROCESSED BY ^ APPROVED ORIGINATING DEPARTMENT HEAD Gary Sdnterre ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL I~rOy~eTION78O5 CONTA T I L Adopted Ordinance No, C DATE