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HomeMy WebLinkAboutOrdinance 10146~, ~~ ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMEN'T' OF FM 1220 (BOAT CLUB 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 IMPROVII~NTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUN`T'Y 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 TO ENGROSS AND E[QROLL 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,FM 1220 (BOAT CLUB ROAD), which is hereby designated Project No. 30-035470-00 , (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. ~a i1 r ~ II. The estimated cost of the Project to the City of Fort Worth based on the estimate of the City Engineer is $ 232,610.07. 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. AN1V., 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 (9/10ths) 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 ($~) 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. u 9 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 23RD DAY OF AUGUST, 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 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. }~ PASSE APPROVID THIS -" DAY OF , 19-~~~ APPROVID AS TO FORM AND LEGALITY: ~~~~- City Attor ey Date: M~STGRaF~1~+A / pity of wort worth ~e.~a~ ~ Accourtattaa<z l 7RAN3PDRTR'~f9NlP.UBLIC !p n~~®~ ~~~ ~®~~~~~ ~®~,~^~ ~~~~~~~®~{y* HATER AOM#Nl5YRAT6dl`~ q; uu ~ II ((i DATE REFERENCE SUBJECT ESTABLISHMENT OF BENEFIT HEARING PAGE . NUMBER 7-26-88 G-7657 DATE FOR RECONSTRUCTION OF FM 1220 ,of 2 ROAD TO W.J. BOAZ ROAD RECOMMENDATION It is recommended that the City Council 1. approve the following inter fund transfer FROM TO AMOUNT REASON 94-009905-00 30-03510-00 $13668 To provid~nds for Special FM-1120 the adjacent property Assessments (Boat Club Road) owner's share of the Unspecified Ten Mile Bridge Road construction cost. to W.J. Boaz Road 2. authorize the assessment of a portion of the cost of the Boat Club Road improvements against the owners of the abutting property, 3. approve the estimate of cost and amounts to be assessed as stated in the Engineer's Estimate, 4. establish August 23, 1988, as the date of the benefit hearing, 5. authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes, and, 6. adopt an ordi~iance reflecting the City Council's authorization and approval of Items 2 through 5 above and other applicable requirements of Article 1105b, Vernon's Annotated Civil Statutes. BACKGROUND On May 7, 1985 (M&C G-6332), the City Council approved Minute Order 82693 providing for the construction of Boat Club Road from Azle Avenue to Park Drive. On June 28, 1988 (M&C C-11050), the City Council authorized the City Manager to execute a construction agreement with the State Department of Highways and Public Transportation (SOHPT) providing for the construction of the portion of Boat Club Road between Ten Mile Bridge Road and W.J. Boaz Road with City of Fort Worth participation in the fixed amount of $230,307.00 not adjusted to actual bid prices. The City's participation in this project is for curb, gutter,, storm drainage, and driveway approaches. ~~ Although the street lies entirely in the City of Fort Worth, approximately 8,100 ft. of frontage for property on the west side of Boat Club Road is actually in Tarrant County. Staff recommends that this frontage be assessed as this frontage was included in the Fort Worth share of project cost as determined by the SDHPT. This project is in Council District No. 7. DATE REFERENCE NUMBER suB~ECT ESTABLISHMENT OF BENEFIT HEARING PAGE 7-26-88 G-7657 DATE FOR RECONSTRUCTION OF FM 1220 ?_ or _? _ ROAD TO W.J. BOAZ ROAD PROJECT DESCRIPTION ROADWAY R.O.W. STREET LIMITS WIDTH-FEET WIDTH-FEET FM 1220 Ten Mile Bridge 68 Variable, 100 (Boat Club Road) Road to W.J. Boaz feet minimum. Road PROPOSED IMPROVEMENTS It is propose to improve FM 1220 (Boat Club Road) by constructing a six-inch hot-mix asphaltic concrete pavement with six-inch high concrete curbs and eighteen-inch wide concrete gutters on an eight-inch thick flex base subgrade so that the finished roadway will be sixty-eight feet wide on the varying one hundred to the one hundred twenty feet right-of-way. Driveway approaches where required will be replaced with six-inch thick concrete. Storm drains will be installed in the roadway. ENGINEERS ESTIMATE OF COST The tota project cost is estimated at $5,015,938.07, of which the S.D.H.P.T. portion is $4,783,328.00, and the City of Fort Worth's participation is $230,307, plus $2,307.07 (1%) for administration, for a total City share of $232,610.07. The following assessment rates have been established Concrete Curb and Gutter $6.00/L.F. Drainage $6.22/L.F. Concrete Driveway Approaches $1..80/S.F. These assessment rates result in the following division of cost: Cost to Adjacent Property Owners $136,019.68 Cost to City of Fort Worth $ 96,590.39 Total Project Cost (FWC) 232,6 .0 FINANCING Upon approval and completion of recommendation 1, sufficient funds will be available in the Street Improvement Fund 30, 023139-00, Urban System Matching Funds. The expenditure will be made from Index Code 680405. Administration costs estimated at $2,307.07 will be paid from Street Improvement Fund 67, Project No. 095104-00, Engineering Salaries.. The expenditure will be made from Index Code 680124. APPROVED BY CITY COI~NGI DAI•d - Jl7l ~n 19&~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: RO ESSED BY l OFFICE BY A ^ APPROVED I ( 1 ~ ~ ORIGINATING ^ OTHER (DESCRIBE) l C Z DEPARTMENT HEAD: G. Dallas Wi 11 i ams CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT E Drol et 7805 b Ado tP,cl Ord.i.narrcE IV / J ~ F'DXt ~AIt~1. THX DATE