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HomeMy WebLinkAboutOrdinance 9838~~-• ~a ..~ r~ ~; °:z_ -ORDINANCE N0. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVFI~N'r OF FM 1220 (BOAT CLUB ROAD) , AS HEREINAFTER SET FORTH; ORDERING AND' APPROVING ESTIMATE OF COSTS; MAKING REVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FbR A PART OF THE COSTS OF SUCH IMPROVEI~NTS; DIRECTING THE CITY SECRETARY Ta FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE OOUNTY CLERK OF TARRANT COUN'T'Y, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUEi~PT PROCEEDINGS RELATING TO SAID STREET IMPROVE[~NTS 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 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 F1yi 1220 (Boat Club Road) , which is hereby designated Project No. 30-035469-00 , (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: 8E 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. +Ai !~:S w. II . The estimated cost of the Project based on the estimate of the City Engineer is $ 289,125.63 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. Tn 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 a shall constitute a first and prior liability of the owners thereof an the City of Fort Worth of th assessments shall be due and p acceptance by the City of Fort W abutting owner so elects, by compl said assessments may be paid in in in five (5) equal, consecutive ann be due and payable no later than the City of Fort Worth of the Proj due and payable on an annual basi the acceptance of the Project; in paid in forty-nine (49) equal con installment to be due and oavable >utting properties and the owners thereof lien upon such properties and a personal 1 shall be payable upon the acceptance by Project after its completion. Said Dyable on or before 30 days after the >rth of the Project, except that, if the nng with the terms hereinafter set forth, ~tallments. Said assessments may be paid ia]. installments, the first installment to hirty (30) days after the acceptance by pct, and each subsequent installment to be on each consecutive anniversary date of the alternative, said assessments may be secutive monthly installments, the first 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. 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- a« ' a t :..,~~ ` ~ . ..., a 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 11O5b, 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 11O5b, Section 9. Said hearing shall be held before the City Council of Fort Worth, Texas, on the 31st day of March, 1987, 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 11O5b 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 be in full force and effect from and after the date of its passage. ~~~ PASS~~ AND APP~VED THIS '' DAY OF 19~%/ APPROVID AS 'I+0 FORM AND LEGALITY: City Attorney Date : ~ 7. ~ _ -3- ~, _ ~ ~, PA -q~ <, 7~~} /7//-7~ ~+ ~f - ~p Q ,gyp ~+ STER fILE~ '° ~.~G.~ ®~~JL ®Il 1l~ ~®d ~~' ~~i~LL.LV1 ~.C`000NTINO.2 y 7RANSPOR7ATIOtQ~P.UBL~~~~(~~K~ ®~ ~~~ ~®~~~~~ ~®~~~~~~~~~®~ NoYER AO DATE REFERENCE SUBJECT ESTABLISHMENT OF BENEFIT HEARING PAGE NUMBER DATE FOR RECONSTRUCTION OF F.M. 1220 2 3-4-87 G-6980 (BOAT CLUB ROAD) FROM TEN MILE BRIDG 1of ROAD TO AZLE AVENUE RECOMMENDATLO.N` _, It is recommended that the City Council• 1, approv.Q the following bond fund transfer FROM - TO AMOUNT REASON 94-009905-00 94-035469-00 $179,056.05 To provide funds for Special Assessments FM 1220 the property owner's Unspecified (Boat Club Road) share of the construc- tion cost. 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 March 31, 1987, 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 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. RnrkrRniiNn On February 10, 1987 (M&C C-10115), the City Council approved an agreement with the State Department of Highways and Public Transportation providing for the improvement of FM 1220 (Boat Club Road) from Ten Mile Bridge Road to Azle Avenue, in Council District 7. The improvements will result in a four lane roadway with a continuous left turn lane. This project was initiated by the Highway Department as part of the Federal Aid to Urban Systems - Minimum Allocation program, whereby the state pays for the pavement, and the city is responsible for the cost of curbs, gutters, and drainage facilities. PROJECT DESCRIPTION ROADWAY R.O.W. STREET LIMITS WIDTH-FEET WIDTH-FEET FM 1220 Ten Mile Bridge 67 Variable, 100 (Boat Club Road) Road to Azle - feet minimum. Avenue DATE REFERENCE SUBJECT ESTABLISHMENT OF BENEFIT HEARING PAGE NUMBER DATE FOR RECONSTRUCTION OF F.M. 1220 2 2 3-4-87 G-6980 BOA1'_CLUB ROAD FROM TEN MILE BRIDG ---°f------ ROAD TO AZLE AVENUE PROPOSED IMPROVEMENTS It is proposed 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 stabilized subgrade so that the finished roadway will be sixty-seven feet wide. Driveway approaches where required will be replaced with the same type of material as the existing improvements (Flex base, asphalt, or concrete) individually as shown on the street plans. Storm drains will be installed in the street. This is a State initiated project, and the State will pay for the pavement. The City of Fort Worth will pay for the curb and gutter and storm drain. ENGINEERS ESTIMATE OF COST The total project cost is estimated at $1,449,259.41, of which the S.D.H.P.T. portion is $1,162,996.41 and the City of Fort Worth's participation is $286,263.00, plus $2,862.63 (1%) for administration, for a total City share of $289,125.63. These figures are based on the low bid received by the State on February 10, this represents a reduction from the estimated total cost of $2,331,497 and estimated City share of $365,225 which were quoted in M&C C-10115. Based on the low bid submitted by A.P.A.C. Texas, Inc., the rate for the drainage has been established at $20.74 per front foot, APP~UVEf~u~~_ f5 and gutter, at $4.87 per front foot. CITY COUNCIL. These assessment rates result in the following division of cost Cost to Property Owners $179,056.05 MAR 4 ~~~P Cost to City of Fort Worth $110,069.58 Total Project Cost 289,125.63 ~/ k FINANCING City SecYetazY of tYte The property owner's portion of the cost, $179,056.05, will be ~F~v~i~~'iiwby'a fund transfer from the Special Assessments Unspecified Account, 94-009905-00 (in which sufficient funds are available) to the Project Account 94-035469-00, FM 1220 (Boat Club Road). Because the entire City's share of the project cost was transferred to the project account from Street Improvements Fund 30, Project Account No. 023139-00, Urban System Matching Funds, at the time the agreement was approved in (M&C C-10115), the property owner's share will sub- sequently be transferred to this service account. Administration costs estimated at $2,862.63 will be paid from Fund 30, Project No. 095103-00, Index Code 680124, Engineering Salaries, where sufficient funds are available. DAI do SUBMITTED FOR THE CITY MANAGER'S ~ DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ~ ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• Gary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Drol et 7805 Adopted ordinance No. DATE. ~~ ,C'M"