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Home My WebLink AboutOrdinance 10018ORDINANCE No. ~D AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVII~IENT OF ALTA MESA BOtJLE°~TARD, UNIT I AS HEREINAFTER SET FORTH; ORDERING AND APPROVING ESTIMATE OF COSTS; MAKING REVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COSTS OF SUCH IMPROVEMENTS; DIRECTING THE CITY SECRETARY 'I'0 FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECIARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING 'ICS SAID STREET IMPF~V~ ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY 'IC? 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 I, which is hereby designated Project No. 67-023186-00 , (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 OOUNCIL 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 $ 229,785.00. 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 instalment 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. d -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 January 12, 1988, 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. PASSE ` APPROVED THIS ~~ DAY OF APPROVID AS TO FORM AND LEGALITY: City Attorney Date: -3- ALTA MESA BOULEVARD PROJECT # 67-023186-00 UNIT I PROJECT N0. 67-023186-00 ALTAMESA BOULEVARD, UNIT I, FROM LANDVIEW DRIVE ZU 285 FEET WEST OF CROWLE'Y ROAD, to be improved by constructing a seven-inch thick reinforced concrete pavement and a seven-inch high attached concrete curb on a six-inch lime stabilized subgrade, so that the finished roadway will consist of two thirty-six feet wide traffic lanes with a twenty- eight foot wide median on a 120 foot right-of-way. Six-inch thick concrete driveway approaches will be constructed w~iere specified on the plans. An overpass will be constructed over the railroad crossing. OWNER & LEGF,L DESCRIPTION ------------------------ SOUTH SIDE 000000000001 TEXAS FI6ECTRIC CO. P.O. BOX 970 FORT WORTH, TEXAS 76101 TR. 1A ZONING FRONTAGE RATE J. VAN RIPER SURVEY # A-1589 E 600.00' 0.00 AMOUNT ASSESSMENT 0.00 0.00 NO ASSESSMENT ADJUSTID 000000000002 AT & SF RAILROAD $ J.MARTIN 1401 JONES ST. E FORT WORTH, TX. 76102 J. VAN RIPER SURVEY # A-1589 100.00' 0.00 0.00 0.00 ND ASSESSMENT ADJUSTED:** 000004229177 GUI~II~I PROPERTIES INC P O BOX 11190 E FT WORTH TX 76109 TR 1L J. VAN RIPER SURVEY # A-1589 1260.00'ADJUSTED: 450.00' PAVEMENT 419.00'CURB 450.00'LIGHTS 450.00'DRAINAGE 64.45 3.61 7.67 69.80 29002.50 1512.59 3451.50 31410.00 65376.59 APPRAISAL 23608.00 ADJUSTED:*,**,*** 23608.00 -1- OWNER & LF]GAL DESCRIPTION ZONING 000004229169 SKAOGS PROPERTY, INC $ PROPERTY TAX SERV. P.O. BOX 814730 E DAIS~IS, TX. 75381 TR. 1K1D ALI7USTID: *, *** NORTH SIDE 000000799254 TAUIS V I,EDVINA 20 CHELSEA DR FORT WORTH, TX. 76134 BIK 2 I,OT 9 FRONTAGE RATE J.VAN RIPER SURVEY # A-1589 540.00'ADJUSTID 454.00'PAVEMENT 423.00'CURB 454.00'LIGHTS 454.00'DRAINAGE 279.95 SF DR.APPR AMOUNT 64.45 29260.30 3.61 1527.03 7.67 3482.18 69.80 31689.20 4.98 1394.15 67352.86 APPRAISAL 63741.40 IDGECLIFF' III A 150.00' 0.00 0.00 ASSESSMENT 63741.40 0.00 NO ASSESSMENT' AQ7USTID : ** 000000799246 DOELLING,CLARENCE,RO $ JEANNE C. WD 29 BRENTON RD. FORT WORTH, TX. 76134 BIK 2 , IL7T 8 EDGECLIF'F III A 160.00' 0,00 0.00 0.00 DA ASSESSMENT' ADJUSTID: ** 000000806412 BENJAMIN & MARIA BRISENO 6629 C,LIF7~'SIDE CT. FORT WCRTEi, TX. 76134 BIIC 1, 7AT 20 EDGECLIFF III A 170.00' 0.00 0.00 0.00 NO ASSESSMENT ADJUSTED:** SUBTOTAL ,THIS PAGE .................................... 63741.40 ,~, OWI~R & LEGAL DESCRIPTION ZONING FRONTAC~ RATE AMOUNT EDGHCI.IFF III ADDITION 000000806404 RONAID & SANDRA PETERSON 6628 CGIFFSIDE CT. A 160.00' 0.00 0.00 FORT WQRTEI, TX. 76134 BIR. 1, IAT 19 ASSESSMEL~FT 0.00 AA ASSESSMENT ADJUSTID : ** EDGECLIFF III ADDITION 000000806390 ROBERT & DOROTHY HAMBLIN 6624 CLIFFSIDE A 20.00' 0.00 FORT WOR'TEi, TX. 76134 BIK. 1, IAT 18 0.00 0.00 NO ASSESSMENT ADJUSTED:** J.VAN RIPER SURVEY # A-1589 000000000002 AT & SE RAILROAD $J. MARTIN 1401 JONES ST. E 100.00' 0.00 FORT WCfft'I'H, TX. 76102 0.00 0.00 ~ ASSESSMENT ADJUSTID: ** WOODMONT ADDITION 000005698413 DBA HAPPY TORS MHFINC 14550 ZORREY CHASE BLVD E 155.00' HOUS~N Z~C 77014 BIK 1 IAT 25B 0.00 0.00 0.00 NO ASSESSMENT ADJUSTED:** .~ :. . ~. OWI~R & LDGAL DESCRIPTION ZONING FRONTAGE RATE WOODMONT ADDITION 000005698405 WOODMODTT CHURCH OF CHRIST P 0 BOX 330998 440.00' 0.00 FT WORTH TX 76163 BIIC 1 LOT 25A ADJUSTED:** ASSESSNfE[~Tr 0.00 0.00 NO ASSESSMEDTT -4- _. 't Fr rf ~~ w . tl l '~ ~. jr \~ ALTA MESA BOULEVpiRD UNIT I C06T DISTRIBUTION: A. PROPERTY OW1~RS ASSESSMENT $ 87,349.40 CITY OF FORT WORTH $ 142,435.60 TOTAL COST ~ THE CITY OF FORT WORTH B. COST TO THE STATE DEPARTMENT OF HIGHtn71Y5 & PUBLIC TRANSPORTATION C. TOTAL ESTIMATED PF~fJJDCT COST * INLET CREDIT ** FRQNTAGE CREDIT FOR NO ACCESS AVAILABILITY ~ SITE ** ADJUSTED FOR PRLIJE(`T LIMITS $ 229,785.00 $2,416,215.00 $2,646,000.00 ..~ -5- .~-~ _~ pity of 1F®~°t ~®~°th, ~C~.~ca~ A6000N71Nt3.2 ~/~/ ~ // ~,,p/7// ~- /- ,~1 ///7// ~ // ~/ iRANSP®RT.ATdGa3'!~k'_SIBLIGYYI~.BKS~'4Wly(®~ ~~~LW ~®(~14/~(Li~IV ~~~~tW~~~~~~1V®~ At~R AGMONIS7 DATE - I REFERENCE I SUBJECT ESTABLISHMENT OF BENEFIT HEARING ~ PAGE NUMBER 1 12/18!87 DATE FOR CONSTRUCTION OF ALTA MESA >.ar~ G-7379 Rnlll ~vaDn Ilnlrr 7 ~anM 1 Anln~rTE1J nD7v~ 3 .~..- --~ TO 285' WEST OF CROWLEY ROAD (FM 731) " "-`~~ ~'-"R'E~C~OMN~ENDATION _._ ._.._.~.... _ .It--is~ recommended that the City Council - "~ -~1: `approve the following bond fund transfer FROM TO AMOUNT REASON 94-009905-00 94-023186-00 $87,349.00 To provide funds Special Assessments Alta Mesa Boulevard for the Fort Worth Unspecified Unit I from Landview property owner's Drive to 285' West of share of the con- Crowley Road (FM-731} struction cost. 2. authorize the assessment of a portion of the cost of the Alta Mesa Boulevard Unit I 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. establ is J unaJ ary 12, 1988 he 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, 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 Department of Highway No 81169-00024 under construction of Alta approx imatel y 285 feet AT & SF Railroad. (M&C G-5795), the City Council accepted the State ~s and Public Transportation's (SDHPT) Minute Order which the City and the SDHPT agreed to terms for Mesa Boulevard, Unit I, from Landview Drive to west of Crowley Road, including an overpass over the 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 I of $229,785. A check for that amount has been provided to SDHPT. DATE REFERENCE sue~ECr ESTABLISHMENT OF BENEFIT HEARING PAGE 12/18/87 NUMBER DATE FOR CONSTRUCTION OF ALTA MESA 2 of 3 G-7379 5 TO 285' WEST OF CROWLEY ROAD (FM 731) Alta Mesa Boulevard Unit I is in part a border street between Fort Worth and Edgecliff Village. The adjacent property owners will be assessed according to Fort Worth's current assessment paving policy. Resolution No. 87-008 authorizing the City of Fort Worth to levy assessments against Edgecliff Village property owners was approved by the Edgecliff Village Board of Alderman on September 10, 1987. This project is located in Council District 6. PROJECT .DESCRIPTION STREET Alta Mesa Boulevard Unit I PROPOSED IMPROVEMENTS LIMITS Landview Drive to 285' West of Crowley Road (FM 731) WTnTH_FFFT Double 36' R.O.W. WIDTH-FEET 120' Alta Mesa Boulevard Unit I 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. Street lights will be installed under a separate contract. ENGINEER'S ESTIMATE OF COST The total project cost is estimated at $2,646,000.00, of which the SDHPT's portion is $2,416,215 00. The City of Fort Worth's share is $229,785.00. Based on the low bid submitted by Brown & Blakney, Inc., assessment rates have been established as follows 7" concrete pavement $ 64.45/L.F. 7" high concrete curb $ 3.61/L.F. 6" thick concrete driveway approach $ 4.98/S.F. Street lights $ 7.67/L.F. Drainage $ 69.80/L.F. The assessment rates result in the following division of cost Fort Worth City ................................. $229,785.00 Cost to Property Owners $ 87,349.40 City-at-large Share $142,435.60 ~'~~,: DATE REFERENCE NUMBER SUBJECT ESTABLISHMENT OF BENEFIT HEARING PAGE 12/18/87 G-7379 DATE FOR CONSTRUCTION OF ALTA MESA 3 0, 3 TO 285' WEST OF CROWLEY ROAD (FM 731) FINANCING The property owners portion of the cost, $87,349.40, will be provided by a bond fund transfer from the Special Assessments Unspecified Account, 94-009905-00 (in which suffic ient fund are available) to the Project Account No. 94-023186-00, Al ta Mesa Boulevard Unit I. Administrative expenses estimated at $2,297.85 (1% of $229,785.00) are available in Fund 67, Project No 095104-00, Index Code 680124. DAI dmc2 f~PPROVED BY CITY COI~NCiL ~~~ ~~ t SUBMITTED FOR THE CITY MANAGER'S OFF C David Ivor DISPOSITION BY COUNCIL. PROCESSED BY I E BY y ^ APPROVED ORIGINATING (] OTHER (DESCRIBE) DEPARTMENT HEAD Gary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT ~' D r o l e t 7 s o 5 Adopted Ordinance No. /OD ~. DATE