HomeMy WebLinkAboutOrdinance 9847ORDINANCE N0.
AN ORDINANCE DETERMIlJING THE NECESSITY FOR AND ORDERING AND
PROVIDING Ft~R THE IMPROVEI~~NT OF PARADISE STREET ,
AS HEREINAFTER SET FORTH; ORDERING AND APPROVING ESTIMATE OF
COSTS; MAKING REVISIONS FOR THE LEVY OF ASSESSMENT'S AGAINST
ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE OOSTS
OF SUCH IMPROVEMENTS; DIRECTING THE CITY SECRETARY 'Ili FILE A
NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF
TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL
SUffiEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVE~~NrS ARE
AND SHALL BE IN ACCORDANCE WITH ARTICLE 11O5b OF VERNON'S T7;XAS
CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL THIS ORDINANCE BY OOPYING THE CAPTION OF SAME IN THE MINUTE
BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPr,~'F: 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 Paradise Street , which is hereby designated
Project No. 67-040126-00 , (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, gutter 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,
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 based on the estimate of the City Engineer
is $ 184,700.00 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 sidectialks 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 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 navable
gutting properties and the owners thereof
lien upon such properties and a personal
i shall be payable upon the acceptance by
Project after its completion. Said
iyable on or before 30 days after the
>rth of the Project, except that, if the
ping with the terms hereinafter set forth,
~tallments. Said assessments may be paid
ial 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
~ecutive 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 (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.
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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 21st day of April, 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 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. ~ /
PAS AND APPROVED THIS .Z DAY OF C%~/
19
APP VED AS TO FORM AND LEGALITY:
City Attorney
Date : ~ ~ ~ _ ~
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HATER AOMINISTRATiuf1 $
~%ity ~~~ ~®~°t ~®~°th, ~exa~
R~ CpRppENI.Y~S DATE ~ REFERENCE SUBJECT HUIHUK1LHIlUIV Uf F'KUJtI:I HIVU tJIH L1JH~ASE
NUMBER ENT OF BENEFIT HEARING DATE, ASSESSMENT AV- 3
3-2A-87 G-7006 NG OF PARADISE STREET FROM CHENAULT AVEN E '°f -
--------~ TO RAILTRAN R.O.W.
__ -_~ ~____-R~GOMM€NDATION
-~--------- - I-t i s -recommended that the City Counci 1:
1. declare the necessity for and order the improvements to Paradise Street
from Chenault Avenue to the RAILTRAN R.O.W.;
2. authorize the assessment of a portion of the cost of the improvements
against the owners of the abutting property;
3. approve the estimates of cost and amounts to be assessed as stated in the
engineer's estimate,
4. establish April 21, 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 1 through 5 above and other applicable requirements of
Article 1105b, Vernon's Annotated Civil Statutes.
ORIGIN OF PROJECT
Paradise Street, from Chenault Avenue to the RAILTRAN R.O.W. (formerly
Chicago-Rock Island-Pacific line), was selected by the Neighborhood Advisory
Council for the Riverside Special Emphasis Area as the first priority project
for construction. On November 11, 1985, the Community Development Council
approved the street for inclusion in the 1986-88 CDBG Inner City Streets
Program which was approved by the City Council on January 7, 1986
(M&C G-6532). Under this program, grants are available to low and moderate-
income resident property owners to assist in the payment of assessments.
On April 25, 1986, the Transportation and Public Works Department sent letters
to the property owners on the street to determine whether or not they were in
favor of the paving. A follow-up letter was sent on June 4, 1986. The responses
were as follows.
FOR
Property Owners 18 (51%)
Resident 16 (62%)
Non-resident 2 (23%)
AGAINST NO RESPONSE TOTAL
8 (23%) 9 (26%) 35
5 (19%) 5 (19%) 26
3 (33%) 4 (44%) 9
DATE
3-24-87 REFERENCE
NUMBER
G-7006
ME
IN SUBJECT AUTHORIZATION OF PROJECT AND ESTA
T OF BENEFIT HEARING DATE, ASSESSMENT PA
OF PARADISE STREET FROM CHENAULT AVENUE LISH~-cE
- 2 ~
°f
TO RAILTRAN R.O.W.
Front Footage =
Represented 1398' (54%) 350' (14%) 823° (32%) 2571'
Resident 1230' (67%) 235' (13%) 383° (20%) 1848'
Non-Resident 168' (23%) 115' (16%) 440' (61%) 723'
A total of 27 property owners, or 77 percent, representing 80 percent of
the front footage, either favored or did not oppose the paving. The 18 property
owners favoring the project expressed a preference for concrete pavement.
All of the adjacent property is platted, the zoning is "B-Two Family" and
"I-Light Industrial." The existing street has an asphalt penetration pavement
in poor condition with some curb and gutter. The street is located in Council
District 8.
PROPOSED IMPROVEMENTS
It is proposed to improve Paradise Street with a 5" thick concrete pavement on
a 6" thick lime-stabilized subgrade, with a 7" high superimposed concrete curb
and 6" thick concrete driveway approaches where required. The new roadway will
be 30 feet wide in the existing 60 feet of right-of-way.
ENGINEER'S ESTIMATE OF COST
Total estimated costs for this project are as follows:
Roadway Construction $149,655
Storm Drain Construction 11,000
Engineering Design, Inspection and Admin. (15%) 24,045
Total $184,700
The established rates for residential assessments for calendar year 1987 are as
follows
Five-inch thick reinforced concrete pavement $20.54/LF
Seven-inch high attached concrete curb 1.79/LF
Six-inch thick concrete driveway approach 3.21/SF*
Estimated rates for non-residential property are as follows:
Five-inch thick reinforced concrete pavement $39.20/LF
Seven-inch high attached concrete curb 2.25/LF
Six-inch thick concrete driveway approach 3.21/SF*
*Based on most current bid prices.
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The Director of Real Property Management has advised the staff as to the amount
of enhancement to property values that will result from the proposed
improvements, and some individual assessments have been adjusted accordingly.
:.
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DATE REFERENCE SUBJEC7 AUTHORIZATION OF PROJECT AND ESTA LISH~-GE
NUMBER MEA T OF BENEFIT HEARING DATE, ASSESSMENT PA - 3 3
3-24-87 G-7006 IN OF PARADISE STREET FROM CHENAULT AVENUE -°f--
TO RAILTRAN R.O.W.
The cost of the project is therefore distributed as follows:
Total Cost to Property Owners $ 34,710 (19%)
City-at-Large Cost 149,990 (81%)
WATER AND SANITARY SEWER FACILITIES
Water and sanitary sewer facilities are in place to serve all the adjacent
lots, but these utilities will be replaced due to age in service.
PROJECT COST AND FINANCING
Sufficient funds are available in Street Improvements Fund 67, Project
No. 040901-00, Street Reconstruction Unspecified, for the City's construction
cost, and in Project No. 095103-00 Engineering Salaries, for engineering
costs. A bond fund transfer to Project No. 040126-00, Paradise Street, will be
recommended at a later date.
Sufficient funds are available in Special Assessments Fund 94 to finance the
property owners' assessment costs.
Sufficient funds are available in the CDBG Fund 76, Project No. 206080-35,
Inner City Street Construction, Index Code 500330, to finance assessment grants
for any qualifying low or moderate-income resident property owners.
AUTHORIZATION OF PROJECT
The Paradise Street Project is the first to be conducted under the modified
procedures authorized by City Council on September 23, 1986. In accordance with
the provisions of Article 1105b of Vernon's Annotated Texas Civil Statutes, it
is proposed that the City Council approve the estimates of cost for the
proposed project, conduct a benefit hearing, and levy assessments for the
project prior to the completion of plans and the soliciting of bids for
construction.
APPROVED DY •
DAI.do ~ITY C~u~C~~.
~~ F
MAR ~ti~
~~~~
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City S®cretary of thsi
City of Fart Wadi 'Fexa~
SUBMITTED FOR THE ,
,`
CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY
C,~
OFFICE BY {{jj((„ ^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD• Gary SanteT're CITY SECRETARY
~~(( } ((~~ n'AA
AUOpted VTd111f~fiG$ MV.
FOR ADDITIONAL INFORMATION
CONTACT Drolet 7805 DATE