HomeMy WebLinkAboutOrdinance 9854• ~ Y A--~ .y., rd u
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ORDINANCE N0. a('
AN ORDINANCE DETERMIlVING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMENT OF ANDREW AVENUE ,
AS HEREINAb'.PER SET FORTH; ORDERING AND APPROVING ESTIMATE OF
COSTS; MAKING REVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST
ABUTTING PROPERTIES AND THE OW1~RS THEREOF FOR A PART OF THE COSTS
OF SUCH IMPROVEI~`PS; DIRECTING THE CITY SECRETARY TO FILE A
NOTICE OF ADOPTION OF THI5 ORDINANCE WITH THE COUNTY CLERK OF
TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL
SUffiEQUENr PROCEEDINGS RELATING TO SAID STREET IMPROVEI~V`IS 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.
WE]EREAS, 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 Andrew Avenue , which is hereby designated
Project No. 67-040124-00 (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 based on the estimate of the City Engineer
is $ 83,200. 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 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 (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 th day of April, 1987, at 10:00 A.M.
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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 . ~~~ l~-
PASS~ AND APPROVID THIS ,~%(/ DAY OF v/ ,
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APPROVID AS TO FORM AND T,FYtAT•ITY:
C~
City Attorney
Date:
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pity of .1Fo~°t ~®~°th, ~e~cas
MASTER F146 Z' ~ •/ 111 ~{..W lyJ/ ® U ~ U IV~1V ~®~L1V I/ 1li~~lV ~t./®~0 !! W IVIV~~~~rV ~® U IV
ACCOUNTING 2 DATE e~ REFERENCE sus~ECTAUTHORIZATION OF PROJECT AND ESTAB ISH- PAGE
SRANSPORTATI~~NjPU(3LtC.4Y0RKS-~ NUMBER MENT OF BENEFIT HEARING DATE, ASSESSMENT 3
3=31- PAVING OF ANDREW AVENUE FROM WILLIE Sl'RE T '°f
ti.4rER Aor/~t tsTRaTlori { TO ELGIN STREET
REAL PROPEk~ ''=5
RECOMMENDATION
_. _ __ ~t._a s recor~mended that the City ~Counci 1
~~ '~~~ ~ -~~1:-`~~ ~d2c1~~e the necessity for and. order the improvements to Andrew Avenue from
Y,~____+ ~ -_,-~=-Willie Street to Elgin Street;
~---_ -~ '~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 Apri 1, 1987, as the date of the benefit hearing;
5. authorize the preparation of assessment ro11s 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
Andrew Avenue, from Willie Street to Elgin Street in Council District 5, was
selected by the Neighborhood Advisory Council for the Stop Six Special Emphasis
Area for reconstruction. On November 11, 1985, the Community Development
Council approved the street for inclusion in the 1986-88 CDBG Inner City
.St°reets 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.
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On July 3, 1986,Y 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. The responses were as follows
RESULTS OF POLL-CARD SURVEY
FOR AGAINST NO RESPONSE TOTAL
Property Owners 8 (27%) 10 (34%) 12 (39%) 30
Resident 8 (40%) 6 (30%) 6 (30%) 20
Non~residerit 0 ( 0%) 4 (40%) 6 (60%) 10
DATE
3-31-87 REFERENCE
NUMBER
G-701.9 SUBJECT AUTHORIZATION OF
MENT OF BENEFIT HEARING
PAVING OF. ANDREW AVENUE PROJECT AND ESTA
DATE, ASSESSMEN
FROM. WILLIE STR LISHpA~E
2 3
E-fi- °f -
TO ELGIN STREET
Front Footage
Represented 401' (27%) 513' (34%) 586' (39%) 1500 '
Resident 401' (38%) 313' (30%) 336' (32%) 1050'
Non-Resident 0' ( 0%) 200' (44%) 250' (56%) 450'
A total of 20 property owners, or 67 percent, representing 66 percent of the
front footage, either favored or did not oppose the paving; 75% ~of the owners
favoring the project expressed a preference for concrete pavement.
All of the adjacent property is platted, the zoning is "B-Two Family". The
existing street has an asphalt penetration .pavement in poor condition with curb
and gutter.
PROPOSED IMPROVEMENTS
It is proposed to improve Andrew Avenue with a 5 inch concrete pavement on a 6
inch lime-stabilized subgrade, with a 7 inch high supewimposed concrete curb, 6
inch thick concrete driveway approaches where required, and 4 inch thick
concrete sidewalks. 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 $72,347
Engineering Design, Inspection and Admin. (15%:) 10 853
Total 8 ,2 0
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 f•
Six-inch thick concrete driveway approach 3.21 /SF*
Four=inch thick concrete sidewalk 2.68/SF*
*(Based on most current bid prices)
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 the individual assessments have been adjusted accordingly.
For Andrew Avenue, these adjustments reduced the property owners' share
substantially.
The cost of the project is therefore distributed as follows:
Total Cost to Property Owners $ 8,870.56 (11%)
City-at-Large Cost $74,329.44 (89%)
DATE REFERENCE sue~ECTAUTHORIZATION OF PROJECT AND ESTAB ISH-PAGE
NUMBER MENT OF BENEFIT HEARING DATE, ASSESSMENT 3 3
3-31-87 G-7019 PAVING OF ANDREW AVENUE FROM WILLIE STRE T- _°r_ -_
TO ELGIN STREET
WATER AND SANITARY SEWER FACILITIES
Water and sanitary sewer facilities are in place to serve all the adjacent
lots, but a six inch water line 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 design cost.
A bond fund transfer to Project No. 040124-00, Andrew Avenue, 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,
Index Code 500330, to finance assessment grants for any qualifying low or
moderate-income resident property owners.
AUTHORIZATION OF PROJECT
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 pans and the soliciting of bids for
construction.
DAI:do
APPROVED BY
c-r~ cou~ci<
AS ~?~ ~~~
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/, Cftg ~ooretaxp of the
Adopted 0~ d~nar~ce No. ~ - c;<tp ~f Foat wow ~„~~
SUBMITTED FOR TH ~
CITY MANAGER'S ~
OFFICE BY ~
DISPOSITION BY COUNCIL.
PROCESSED BY
^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD: Gar Santerre CITY SECRETARY
FOR ADDITIONAL INFORMATION
n
CONTACT Drolet 7805
DATE