HomeMy WebLinkAboutOrdinance 10008
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..ORDINANCE N0. ~ ~
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMENT OF WEST VICKERY BOULEVARD AND 245'
OF MARY'S CREEK DRIVE AS HEREINAFTER SET FORTH; ORDERING AND
APPROVING ESTIMATE OF COSTS; MAKING REVISIONS FOR THE LEVY OF
ASSESSMENTS AGAINST ABUTTING PROPERTTES AND THE OWNERS THEREOF FOR
A PART OF THE COSTS OF SUCH IMPRO~S; DIRECTING THE CITY
SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE
COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECT,ARING THAT THIS
ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING 'IO SAID STREET
IMPROVEMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF
VERNON'5 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.
W~REA.S, 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 West Vickery Boulevard and 245' of Mary's Creek Drive,
which is hereby designated Project No. 29-023185-00 , (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 $ 180,571.89. 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 anntun. 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 18th day of December 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. ,y,~~ /~ ~~r )
P9 S~~ AND APPROVED THIS ~ DAY OF ,~(~'~h.~` ~!-' r
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date : (. ~ - t
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DArE REFERENCE su~&TnABLISHMENT OF BENEFIT HEARING DATE pncE
NUMBER F R CONSTRUCTION OF WEST VICKERY BOULEVARD ROM 3
11-17-87 G-7345 T EEHAVEN ROAD TO OLD BENBROOK ROAD AND 245' O'F°'
MARY'S CREEK DRIVE FROM WEST VICKERY BOULEVARD
RECOMMENDATION u
It is recommended that the City Council
1. approve the following bond fund transfer
FROM TO AMOUNT REASON
94-009905=00 94-023185-00 $6,883 37 To provide funds
Special Assessments West Vickery Blvd. for the Fort Worth
Unspecified from Treehaven Road property owner's
to Old Benbrook Road, share of the con-
and 245' of Mary's Creek struction cost
Drive at West Vickery
Blvd.
2: authorize the assessment of a portion of the cost of the West Vickery
Boulevard and Mary's Creek Drive 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 December 18, 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 11O5b 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 11O5b, Vernon's Annotated Civil Statutes.
Ror~r_prnrnin
On June 3'0, 1987 (M&C C-10384), the City Council approved an agreement with the
State Department of Highways and Public Tr ansportation for the construction of
West Vickery Boulevard from Mary's Creek to 0.1 mile west of S H 183, based on
Minute Order 76626 which was approved by the City Council on January 29, 1980
(Ml4C a-4442 )
This street, a portion of which is a border street between Fort Worth and
Benbrook, is being constructed as an Urban System project, with the cost of the
pavement being paid by the State and the cost of curb, storm drain, driveways
and other incidentals being provided by the Cities of Benbrook and Fort Worth.
DATE REFERENCE suss€c~TABLISHMENT OF BENEFIT NEARING DATE PAGE
NUMBER F0 CONSTRUCTION OF WEST VICKERY BOULEVARD F OM 2 3
11-17-87 G-7345 D BENBROOK ROAD AND 245' O1` °f
MARY'S CREEK ORIUE FROM WEST VICKERY BOULEVARD
The Benbrook City Council has adopted a resolution authorizing the City of Fort
Worth to levy assessments against abutting property which is located in
Benbrook., however, the City of Benbrook has paid its full share of the project
cost to S.D.H P.T. and will be responsible for collecting the assessments
against property in Benbrook
This project is located in Council District 3
PROJECT DESCRIPTION
R.O.W.
STREET LIMITS WIDTH-FEET WIDTH-FEET
West Vickery Boulevard Treehaven Road 48' 68'
to O1 d Benbrook Ro ad
Mary's Creek Drive 245' from W Vickery Variable Variable
Boulevard West
PROPOSED IMPROVEMENTS
West Vickery Boulevard is to be improved by constructing a 7" thick reinforced
concrete pavement with a 7" high attached concrete curb on an 8" thick lime
stabilized subgrade with 6" thick concrete driveway appro aches where specified
in the plans. A 245' section of Mary's Creek Drive frrnn W. Vickery Boulevard
west wil 1 be improved with a 7" thick reinforced concrete pavement o f vari abl e
width with a 7" high attached concrete curb on an 8" lime stabilized subgrade.
ENGINEERS ESTIMATE OF COST
The total project cost is estimated at $1,308,703.50, of which the S.D.H.P.T.'s
portion is $1,072,976.75 The City of Fort Worth's share is $180,571.89, and
the City of Benbrook's share is $55,154 86 Based on the low bid submitted by
Austin Paving Company, the curb rate has been established at $3.85 per linear
foot, and the driveway approaches, at $3 O1 per square foot.
The assessment rates result in the following division of cost
Fort Worth City .. .. ...... $180,571.89
Cost to Property Owners $ 6,883.37
City at large $173,688 52
Benbrook City ... $ 55,154.8 6
Cost to Property Owners $ 29,158.88
City at large $ 25,995 98
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~ DATE REFERENCE su8.~5'FABLISHMENT OF BENEFIT HEARING DATE PAGE
NUMBER
FOR ONSTRUCTION OF WEST VICKERY BOULEVARD FR M 3 or 3
11-17-87 G-7 -~ ' -
MARY'S CREEK DRIVE FROM WEST VICKERY BOULEVARD
FINANCING
The Fort Worth property owner's portion of the cost, $6,883.37, will be
provided by a bond fund transfer from the Special Assessments Fund 94, Account,
Unspecified Account 009905-00, (in which sufficient funds are available) to the
Fund 94, Project Account No. 23185-00 West Vickery Boulevard.
Administration cost calculated at $1,805.72 (1% of $180,571.89) will be paid
from Fund 67, Project No 095104-00, Index Code 680124, where sufficient funds
are available.
DAI:dmc
CI1 1_ C~~i~l~i~~
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Citg Secretary of tho
City of Fort VJozth, Texc>~»
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SUBMITTED FOR THE DISPOSITION BY COUNCIL. PROCESSED f31' '
OIFFICEABYGER'S David Ivory ^ APPROVED k
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ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD Gary S a n t e r r e } CITY SECRETARY
FOR ADDITIONAL INFORMATION AdOp~Pia OY ~naf1C@ • _C
CONTACT E. Dr01et-78OS - Y DATE _~