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Home My WebLink AboutOrdinance 10208 ORDINANCE N0. AN ORDINANCE DETERMINING THE NECESSITY FIR AND ORDERING AND PROVIDING FOR THE IMPROVF~MENT OF KF'.tTFR_HASLET ROAD, FROM I1~FI'ERSTATE 35 WEST TO 1060' FEET WEST, HEREINAFTER SET FORTH; ORDERING AND APPROVING ESTIMATE OF COSTS; 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 ADaPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY,- TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEIDINGS 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 O:h' THIS CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Director of Transportation and Public Works for the City of Fort Worth, Texas (hereinafter refer. red to as the "Director"), has proposed the improvement of,KEL_R-HASLET ROAD, FROM INTERSTATE 35 WEST TO 1060 FEET' WEST, which is hereby designated Project No. 90-136061-00, (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 V~RTH, 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. .'S G >+ ~ -1- r_ T , '>~ne estimated cost of the Project to the Ciay o. ror~t Worth 'cased on the estimate of the City Engineer is S 1,129,752.42. The estimated cost o:E the Project shall be paid partly by the City of sort i~lorth and partly by assessments to the property abutting the Project and the owners thereof. '.L"He assessments to the property abutting tie Pro jecc and the owners thereof shall be levied in accordance with the requirements or `^r'X. Pr'~1. 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 rea]_igning curbs, gutters and sidewalks and nine-tenths ( 9/10ths ) of the cost o:C the remaini~ig improvements comprising the Project. In any event, said assessments shall not exceed the special benefits to the a'out~ting property and its owners, as enhanced by t'ne Project. The City of_ Fort Worth shall pay the balance of_ the cost of the Project not assessed against the property abutting tine Project and the owners thereof. 'i"ne amounts assessed against the abutting properties and the owners thereof sFiall constitute a first and prior lien upon such proper'r_ies 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 shal_]_ 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 a'rautt9_ng o~mer 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 Projecta inr_'ne 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 'oy 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.T_n any case in cdnich 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 en~ti.re unpaid '-~alance of the assessr-~nt and declare the same to be immediately due and paya'oie~ 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. F 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 prope.r.'cy abutting the Project and shall 'oe mailed a~t least fourteen (14) days before the hearing in the manner specified by Article 1105b, Section 9. Said hearing shall be held before the City Counci_1 of Fort North, Texas, on the 20TH DAY OF DECEMBER, 1988, 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 accordant? with and under the terms of Article 1105b and the Charter of the City of sort 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. 1Z~ PASSE NO APPROVED THIS ~ DAY OF , 19_ _.~.e.W ~ _~____ APPROVED AS '1'0 FORM AND LEGALITY: ~~~ AssP City Attorney Date: ~~ /S -~~ w ~.. ~* // -- f ktASfER FILE•~;„'Y -. ~Q j TRANSPORTA710N~PUBLfC.WDRI~•t:l~N ®~ ~~~ ~®~~~ ^~ ~®~~~~?~ N~_ ®~ KoTER AOMINISTRATI6N 8 J\~\V'//1~/1/ '~~4~]1•.~'J1W//~~ l[J/ ~(][-~ ~I]{-/ ~~L+IW/ '1{fli DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT PAGE .. NUMBER AND ESTABLISHMENT OF BENEFIT i ur 4 11-22=88- G-7834 _ HEARING DATE FOR THE ASSESS- _ MENT PAVING OF KELLER-HASLET ROAD FROM INTERSTATE 35W WESTERLY 1060 LINEAR FEET RECOMMENDATION It is recommended that the City Council 1 approve the following bor-d fund transfers FROM TO AMOUNT 94-009905-00 90-136061-00 $108,366 63 Special Assessments Keller-Haslet Uri spec i f i ed Road 90-136901-00 New Development Construction Urispec i f i ed 90-136061-00 Keller-Haslet Road $662,098 02 94-009905-00 Special As sessmerit s Unspecified 89-032901-00 Street Lighting Unspecified 89-032067-00 Keller-Haslet Road Street Lights 89-032067-00 Keller-Haslet Road Street Lights $ 8,078 23 $ 44,498 77 REASON To provide funds for the property owner's share of the street con- struction To provide funds for the Cityy's share of the street construction cost To provide funds for the property owriers's share of street light in- st al 1 at i on To provide funds for the City's share of street light installation 2 declare the necessity for and order the improvements to Keller-Haslet Road from Interstate 35W westerly 1060 linear feet, 3 authorize the assessment of a portion of the cost of Keller-Haslet Road improvements against the owners of the abutting property, 4 approve the estimate of costs and amounts to be assessed as stated in the Erigirieer's Estimate, 5 establish December 20, 1988, as the date of the benefit hearing, 6 authorize the preparation of assessment rolls and riot ification of property owners irr accordance with the provisions of Article 1105b of Verrior~'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, Verrion's Texas Civil Statutes - -- ,,. DATE REFERENCE SUBJECT AUTHORIZATION OF PROJECT PAGE NUMBER AND ESTABLISHMENT OF BENEFIT 2 04 11-22-88 G-7834 MENT PAVING OF KELLER-HASLET ROAD FROM INTERSTATE 35W WESTERLY 1060 LINEAR FEET DISCUSSION Ori February 9, 1988 (M&C C-10792), the City Council approved a Community Facilities Agreement with Perot Irivestmer~t Partners Limited for a section of the South Airport Access Road (Airport Parkway) and the upgrading of Keller-Haslet Road from I35W to Airport Parkway. Included in the agreement was provision for channel improvements to Buffalo Creek and Henrietta Creek aril bridge corist ruct i on at I35W arrd Henrietta Creek Kel 1 er-Has 1 et Road i s t o he processed as an assessment paving project All of these public improvements support the r~ew Alliance Airport currently under construction Keller-Haslet Road is a county-type road which is ors the boundary between the City of Fort Worth and the City of Haslet. The Haslet City Council has been requested to provide a resolution granting authority for Fort Worth to levy ar~d collect assessments against property owners in the City of Haslet This project is located ir- Courrc.il District No. 2 PROJECT DESCRIPTION STREET LIMITS WIDTH/FEET ROW WIDTNIFEET Keller-Haslet I-35W to 1060' Varying with a Variable, Road west minimum width of 120' min ?_6' for the north roadway ar~d 38' for the south roadway PROPOSED IMPROUEMENTS, KELLER-HASLET ROAD It is proposed to improve Keller-Haslet Road by ~or~structing an 8" thick reirifor~.ed concrete pavement with a 7" high integral concrete curb on a 5" cement treated base over a 6" lime stabilized subgrade Drainage appurtenances will be installed in the street where required ENGINEER'S ESTIMATE OF COST, KELLER-HASLET ROAD Based ors the Engineer's cost estimate, the assessment rates have been established as follows 8" thick concrete pavement $73.461ft 7" high integral concrete curb $ 4 11/ft Street lights $ 7.79/ft Drai riage $27.161ft The assessment rates result iri the following division of cost r L DATE REFERENCE suerecT AUTHORIZATION OF PROJECT PAGE NUMBER AND ESTABLISHMENT OF BENEFIT 3 4 11-22-88 G-78.34 - HEARING DATE FOR THE ASSESS- ~°` MENT PAVING OF KELLER-HASLET ROAD FROM INTERSTATE 35W WESTERLY 1060 LINEAR FEET Property Owners Fort Worth City $ 116,444 86 (10%) $ 1,013,307 56 (90q) AUTHORIZATION OF PROJECT Irr accordarr~e with the provisions of Article 1105b of Verrron's Arrrrotated Texas Statutes, it is proposed that City Council approve the estimates of ~.ost for the proposed projr~ct, conduct a benefit hearing and levy assessments for the project FINANCING The post estimate fur the entire construction project, including Airport Parkway, Buffalo Creek arrd Henrietta Creek drainage improvements, arrd the Herrr i et t a Creek bridge, as wel 1 as Kel 1 er-Haslet Road, i s est imated at $3,616,631 70, of which $1,129,752 42 is required for Keller-Haslet Road Suff icierrt funds are available irr New Development Fund 90, Project No 136060-00, Northport Add itiorr, to finance Airport Parkway, required drainage facilities arid bridge coast;ruction Irr order to firrarrce the construction of Keller Haslet Road it will be necessary to supplement the balance in trre project account with fund transfers Suff icierrt funds are available for transfers as follows FUND PROJECT N0. Spey i al Assessment Furrd 94 009905-00 PROJECT NAME AMOUNT Urr spec i f i ed $116,444 86 New Development Furrd 90 136901-00 Construction 66?_,098 02 Unspecified Street Furrtl 89 032901-00 Street Lights Unspecified 44,498.77 $823,041 65 Uporr approval arrd completion of Recommendation No 1, sufficient funds will be available as follows FUND PROJECT NO PROJECT NAME New Deve.l opmerrt Furrd 90 136061-00 Keller-Haslet Road AMOUNT $770,464 65 'ri DATE REFERENCE suB~ECr AUTHOR iZAT ION OF PROJECT PAGE NUMBER AND ESTABLISHMENT OF BENEFIT 4 4 11-22-88 G-7834 H ~.QAI _ of _ MENT PAVING OF KELLER-HASLET ROAD FROM INTERSTATE 35W WESTERLY 1060 LINEAR FEET Street Fucrd 89 0 32067-00 Keller-Haslet Road Street .Lights 52,577.00 $823,041 65 Expenditures will be made from Index Codes 621458 arrd 651257 respectively. Sufficient funds are a'v aila'ble in Street Improvements Fund 90, Project No 095105-00, Fr)girieering Salaries, to f~nante inspection, engineering and administrative costs ~A I d/mine#4 APPROVED BY arT~ cau~NCO~ PlOV ~2 ~~~~~ City Secretary of the City of Fort Worth Texas SUBMITTED FOR THE CITY MANAGER'S DISF'OSI7iON BY COUNCIL. PROCESSED BY OFFICE BY David Ivor [] APPROVED ORIGINATING r_l OTHER (DESCRI6E) DEPARTMENT HEAD Gar Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION Adopted Ordinance. No® CONTACT Drolet 7805 DATE