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HomeMy WebLinkAboutOrdinance 10047~, f,,~ r ORDINANCE N0. O AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF ALTA MESA BOULEVARD, UNIT III AS HEREINAFTER SET FORTH; ORDERING AND APPROVING ESTIMATE OF COSTS; MAKING REVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWI~RS THEREOF FOR A PART OF THE COSTS OF SUCH IMPROVF~IEN'TS ; DIRECTING THE CITY SECRETARY 'ISO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 11O5b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY 'I'0 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 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, Alta Mesa Boulevard, Unit III, which is hereby designated Project No. 67-023187-00 (said improvements being hereinafter referred to as the "Project"); Wf~REAS, 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. -1- ,.-, _ .. II. The estimated cost of the Project to the City of Fort Worth based on the estimate of the City Engineer is $ 726,550.00. 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. 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 (9/10ths) of the cost of the remaining improvements comprising the.Project. In anx 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 (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 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. -2- ,; ,, ~, 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 February 16, 1988, 10:00 A.M. IV. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessrrents 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. PASSED AND APPROVED THIS ~ DAY OF , 19~~. APPROVED AS TO FORM AND LEGALITY: ~'r ity Attorney Date: -3- .. ALTA MESA BOULEVARD PROJECT # 67-023187-00 UNIT III .PIt0,7ECT N0. 67-023187-00 ALTA MESA BLVD UNIT III, Fran E]emphill St. to I-35 So. to be improved by constructing a 7 inch thick reinforced concrete pavement and a 7 inch high attached concrete cturb on a 6 inch lime stabilized subgrade, so that the finished roadway will consist of two 36 feet wide traffic lanes with a 28 foot wide median on a 120 foot right-of-way. 6 inch thick 'concrete driveway approacfies will be constructed where specified on the plans. A 4 inch thick concrete sidewalk will be constructed at the northeast end of the project for approximately 222 linear ft. An overpass will be constructed over Sycamore Creek and the railroad crossing. OWI~R & LDGAL DESCRIPTION ZCJNING FRONTAGE HEMPHILL STREET 000004878701 LA. HCIIJJ' PE-IItOLEUM CO RP . $ 2900 THANKSGIVING TOWER 1601 ELM ST DALLAS TX 75201 RATE AMA ASSESSMEI~Fr OOIJ>?AIN.S THREE SURVEYS 6340.00'ADJUSTED E , C 6080.00'PAVEIdEnrr 5862.00'CURB 6340.00'LIGHTS 6340.00'BRIDGE 6340.00 R.R.XING 57.01 346620.8 3.13 18348.06 7.53 47740.20 4.18 26501.20 28.20 178788.0 617998.26 APPRAISAL 571469.46 571469.46 ADJUSTED: *~ **~ *** 000000000001 M0. RS.& TX. (MKT) RAILROAD 701 OOMMEEtCE DALLAS TX 75020 G. HERRERA SURVEY A-2027 E 543.00' 0.00 NO ASSESSMEI~Tr 000000000002 CITY OF FORT WORTH 1000 THROCKMORTON ST FORT WORTH, TX 76102 BLK C, IL7I5 7-13 BLK E, IJ~T 1 HIGHLAND ZERRACE ADDITION A 599.00' 0.00 NO AS.SESSMEI~Tr -1- r4 & I~GAL DESCRIPTION 000005919606 SOL1TEi IAOP PROPERTY P 0 BOX 6857 FT WORTH TX 76115 BIK GR IDT 2B, 2C ZONING FRONTAGE RATE BIGEII~AI~ID 'TERRACE ADDITION 268.00'ADJUSTID E 233.00'PAVII~Tr 233.00'LIGHTS 233.00'BRIDGE 233.00 R.R. XING 57.01 13283.33 7.53 1754.49 4.18 973.94 28.20 6570.60 22582.36 APPRAISAL 34824.42 ASSESSMENT 22582.36 ADJUSTID: **** i~35_.Tntersects _~__~___ SOUTHSIDE 000004993659 WILBADHCS OIL 00. $F.G. WILBAN[CS JR. P 0 BOX 625 CLEB[1~ TX 76031 BIK D TAT CR HIGHI,8~1Q_TEB88~E_BQQITI4N 218.00'ADJUSTID E 178.00'PAVF~Tr 57.01 178.00'LIGHTS 7.53 178.00'BRIDGE 4.18 178.00 R.R. XING 28.20 APPRAISAL ADJUSTED:**** HIGF~II~ID TERRACE ADDITION 000001255347 WILLIAM D BEEMAN 121 ALTA MESA BLVD E 70.00' FT WOKI~i TX 76134 BIB{ D IAT 10 10147.78 1340.34 744.04 5019.60 17251.76 3975.29 3975.29 0.00 ICU ASSESSMENT 000001255339 SAMCIEL E JOHNS III 151 ALTA MESA BLVD A FORT WORTH 76134 BIK D IAT 9 HIGHI,Ai~ID TERRACE ADDITION 70.00' 0.00 NJ ASSESSMEI~TT -2- •Odn1I~R & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT HIGHLAi~ID TERRACE ADDITION '000001255320 JUDY A CAIN 155 ALTA MESA BLVD A FT W~ TX 76134 BLK D LOT 8 70.00' 0.00 NO ASSESSMENT 000001255312 BEI'I'Y JEAN AMES 159 ALTA MESA BLVD A FT WORTH TX 76134 BLR D IAT 7 HIGHLAND TERRACE ADDITION 70.00' 0.00 IAA ASSESSMENT 000001255304 RICKEY DALE SIAVEEt 163 ALTA MESA BLVD FT WORTH TX 76134 BLK D LDT 6 HIGEII.,AND TERRACE ADDITION A 104.00' 0.00 NO ASSESSNiErTr 000001255363 DsAVID G MCKINNEY 201 ALTA MESA BLVD A FT WORTH TX 76134 BIIt E IAT 2 HIGHLAND TERRACE ADDITION 78.00' 0.00 NJ ASSESSMENT -3- .. ALTA MESA BOULEVARD UNIT III COST DISTRIBUTION: A. PROPERTY OWNERS ASSESSMENT ............................$ 598,027.11 STREET CONSTRUCTION $ 551,804.64 STREET LIGHTS $ 46,222.47 B. CITY OF FORT WORTH ....................................$ 128,522.89 C. TOTAL COST TO THE CITY OF FORT WORTH ..................$ 726,550.00 D. COST 'PO THE STATE DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION ......................$2,459,173.04 E. TOTAL ESTIMATED PROJECT COST ...........................$3,185,723.04 LEIGEND * Credits for inlets ** Contains three surveys (located on north and south side of of proposed Boulevard). G. Herrera Survey A-2027, tracts 7 & 7B3 A. Rhodes Survey A-1319, tract 2A J. Asbury Survey A-47 tracts 2B2A, 2B2B, 2B2C *** Adjustment for Pavement & Curb length due to bridge over Sycamore Creek & the railroad R.O.W. **** Adjusted for project limits NOTE: A. Full credit given for existing curb, gutter and driveway approaches (project initiated prior to January 7, 1986). B. The project is based on pre-1986 assessment Paving policy (Ref. M & C, G-5795, October 25, 1983). C. Where assessment amount is shown as -0-, the property has no benefit, is City owned, or property has been determined by appraisal to have no enhancement . _4- 5 ~, / A ~CQUNTINO•.Z -_ 7J '7J TRANSPORTATIONIA__UEkE('.~Y.9~~J~J( ~/7I~ //®~ R.W~~L1V ~®LL/IV~LL/fVIV ~®~~~1VlV~~~i./~~~®~ No'tER AGMdNISTRA716rt 9V onrE ~ REFERENCE SUBJECT ESTABLISHMENT OF BENEFIT HEARINGS PAGE 1/19/88^ NUMBER DATE FOR CONSTRUCTION OF ALTA MESA for 3 ---- G-7414 BOULEVARD UNIT III FROM HEMPHILL _ _ __.__~ STREET TO I-35 SOUTH _Recommendation - -----I-t---s -recommended that the City Counc i l - T) Approve the following fund trarisfers From To Amount Reason 94-009905-00 94-023187-00 $551,804 64 To provide funds Special Assessments Alta Mesa Boulevard for the Fort Property Owner's Unit III, Hemphill Worth property Portion Street to I-35 South owner's share of the construction cost 94-023187-00 67-023187-00 $551,804.64 To account for Alta Mesa Boulevard Alta Mesa Boulevard property owners Unit III, Hemphill Unit III, Hemphill and City's share Street to I-35 Street to I-35 South of construction South cost in Capital Projects Funds 94-009905-00 94-032118-00 $ 46,222 47 To provide funds Special Assessments Alta Mesa for property owner's Property Owner's Street Lights share of street Portion light installation 94-032118-00 30-032118-00 $ 46,?_22.47 To account for Alta Mesa Street Alta Mesa property owner's Lights Street Lights and City's share of street light installation in Capital Projects Funds 2) Authorize the assessment of a portion of the cost of the Alta Mesa Boulevard Unit III Improvements against the o wners of the abutting property, 3) Approve the estimate of cost and amounts to be as sessed as stated in the Engineer's Estimate, 4) Establish Febru ary 16, 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, Vernon's Annotated Civil Statutes, and SUBJECT ESTABLISHMENT OF BENEFIT HEARING DATE FOR CONSTRUCTION OF ALTA MESA STREET TO I-35 SOUTH 6) Adopt an ordinance 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. Discussion On October 25, 1983 (M&C G-5795), the City Council accepted the State Department of Highways and Public Transportation's (SDHPT) Minute Order No 81169-00024 under which the City and the SDHPT agreed- to terms for construction of Alta Mesa Boulevard, Unit III, from Hemphill Street to I-35 South, including an overpass over the MKT Railroad and Sycamore Creek On September 22, 1987 (M&C C-10540), the City Council approved a Fixed Amount Escrow Agreement with the SDHPT for the City's share for Unit III, $726,,550 A check for that amount has been provided to SDHPT This project is located in Council District 6 Project Description Street Alta Mesa Boulevard Unit III Proposed Improvements Limits Hemphill Street to I-35 South Wirith_FAat Double 36' R 0 W. Width-Feet 120' Alta Mesa Boulevard Unit III is to be improved by constructing a 7" thick reinforced concrete pavement with a 7" high attached concrete curb on a 6" thick lime stabilized subgrade with 6" thick concrete driveway approaches where specified in the plans An overpass will be constructed over the railroad and Sycamore Creek A 4" thick sidewalk will be constructed at the northeast end of the project for a distance of 222 linear feet Street lights will be installed under a separate contract Engineer's Estimate of Cost The total project cost is estimated at $2,889,020 94, of which the SDHPT's portion is $2,162,470 94 The City of Fort Worth's share is $726,550 Based on the low bid submitted by Brown and Blakney, Inc assessment rates have been established as follows 7" thick concrete pavement 7" high attached concrete curb Street lights 8r idge Railroad crossing $ 57 O1/LF 3 13/LF 7 53/LF 4.18/LF 28.20/LF :~ ~J ~~., a 4 ~ , r: ~. DATE REFERENCE NUMBER SUBJECT ESTABLISHMENT OF BENEFIT HEARIN PAGE 1/19/88 G-7414 DATE FOR CONSTRUCTION OF ALTA MESA ___ 3. of ____.3 STREET TO I-35 SOUTH The assessment rates result in the following division of cost City of Fort Worth $ 726,550.00 Cost to Property Owners 598,027 11 City-at-Large Share 128,522 89 Financing The property owners' portion of the cost, $598,027 11, wi 11 be prov ided by a fund transfer from Special Assessments Fund 94, Project No 009905-00, Property Owner's Portion (in which sufficient funds are available) to Project No 023187-00, Alta Mesa Boulevard Unit III in the amount of $551,804 64 and to Project No 032118-00, Alta Mesa Street Lights in the amount of $46,222 47 In order to account for all construction costs in the Capital Projects Fund, an interfund transfer will be necessary from Special Assessments Fund 94, Project No 023187-00, Alta Mesa Boulevard Unit III to Street Improvements Fund 67, Project No 023187-00, Alta Mesa Boulevard Unit III, for the property owner's share of street construction in the amount of $551,804 64 and from Special Assessments Fund 94, Project No 032118-00, Alta Mesa Street Lights to Street and Related Improvem ents Fund 30, Project No 032118-00, Alta Mesa Street Lights, for the property owner's share of street lights installation in the amount of $46,222 47 Expenditures will be from Index Codes 630335 and 680405, in Funds 67 and 30, respectively Sufficient funds are available in Street Improvements Fund 67, Project No 095104-00, 87-88 Salaries, in the amount of $7,265 50 (estimated at 1% of $726,550) for Administrative expenses. Expenditure will be made from Index Code 630104 DAI wmc3 ~~P~ovE~ sY c~Y~r cau~~c~~~ ,~ ~g 19~~ ~~~ ~. SUBMITTED FOR TH CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD Gary L Sant re CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT E Drolet 7805 Ado ted Ordnance No.~_~ DATE.