HomeMy WebLinkAboutOrdinance 10146~,
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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.
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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.
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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.
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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 ,
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APPROVID AS TO FORM AND LEGALITY:
~~~~- City Attor ey
Date:
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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.
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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 -
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SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: RO ESSED BY
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OFFICE BY A ^ APPROVED I (
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ORIGINATING
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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