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Home My WebLink AboutOrdinance 9593ORDINANCE 1V0. ~~~ AN ORDINANCE REPEALING CITY OF FORT WORTH ORDINANCE NUMBER 9228, AND AMENDING ORDINANCE NO. 940 BY REPEALING AND DELETING THEREFROM SECTIONS II and III; AUTHORIZING THE REIMBURSEMENT OF ASSESSMENTS PAID UNDER SAID CITY ORDINANCE NUMBERS 9228 AND 9409; AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY RELEASES FOR THE RELEASE OF ALL NOTES AND ALL MECHANIC'S AND MATERIALMAN'S LIENS AND CON- TRACTS EXECUTED AND FILED UPON SAID ASSESSED PROPERTIES; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 2, 1984, the Fort Worth City Council con- ducted a benefit hearing for the improvements on Camp Bowie Boulevard, Unit I, from Montgomery Street to Belle Place, Project No. 30-025259-00; and WHEREAS, on October 2, 1984, the Fort Worth City Council adopted Ordinance No. 9228 closing the benefit hearing and levying assessments as prescribed therein; and WHEREAS, on June 15, 1985, the Fort Worth City Council adopted Ordinance No. 9409 accepting the project as complete, authorizing final payment to the Contractor, and directing the issuance, execu- tion and delivery of certificates in evidence of special assessment; and WHEREAS, it was subsequently determined through additional evidence not available at the time of said benefit hearing that the properties adjacent to Camp Bowie Boulevard, Unit I, from Montgomery Street to Belle Place were not enhanced by the project; ~- .,. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL ~OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That City of Fort Worth Ordinance No. 9228 be repealed in its entirety and in all things be held for naught and of no further force and effect. SECTION 2. That City of Fort Worth Ordinance No. 9409, is hereby amended by deleting therefrom Sections II and III thereof, and said Sections II and' III are hereby repealed and of no further force and effect; provided, however, that Sections I, IV and V of said Ordinance No. 9409 shall remain hereafter in full force and effect. SECTION 3. That the City Manager is hereby authorized to reimburse to those property owners those amounts of money they have paid as assessments pursuant to Ordinance Numbers 9228 and 9409. SECTION 4. That the Mayor of the City of Fort Worth be authorized to ex e - cute all necessary releases for the release of all notes and all mechanic`s and materialman's liens and contracts executed and filed upon said assessed properties. SECTION 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, -2- .n. ,~% £~ paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 7. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. A PROVED AS TO FOR ND LEGALITY: City Attorney Date : 3 ~ ~ 3 ~- ~ ~ ADOPTE EFFECTIVE -3- ,l ~ ACG@U~Ifiii~B:~ r~ n ,/1~j ~ /~ ~j ~1~J ~}y~j TRANSPORTATIgN~pUBLIG~~ f/®D" ~~~ ~,® ILU~~IIi tL~ ~®~~ ll~l/~ (L (L~UL~~® U (li ~~r~=R AD MINis7anrtc5a~~~i ~~v e~11/ `~~' DATE REFERENCE SUBJECT Camp Bowie Boulevard Unit I, PAGE NUMBER Improvements from Montgomery i or 2 3-18-86 G-6608 Street to Belle Place _ __ Recommendation: It is recommended that the City Council: 1. Adopt an ordinance: a, Repealing Ordinance No. 9228, and b, Amending Ordinance No. 9409, by repealing and deleting therefrom Sections II and III, and 2. Authorize the City Manager to reimburse to those property owners those amounts of money they have paid as assessments pursuant to Ordinance Numbers 9228 and 9409; 3. Authorize the Mayor to execute all necessary releases for the release of all notes and all mechanic's and materialman's liens and contracts exe- cuted and filed upon the assessed properties, and 4. Approve the following bond fund transfers From To Amount Reason - , 30-025259-00 30-025310-00 $259,379.00 To provide funds for Camp Bowie Camp Bowie reimbursement to Montgomery to I-30 Unit II Special Assessments Berle Place to Fund for repealed Nillcrest assessments. 30-029901-00 30-025310-00 $213,418.46 To provide funds for CBD Streets Unspecified Camp Bowie reimbursement to Unit II Special Assessments Belle Place to Fund for repealed Nillcrest assessments. 30-033901-00 30-025310-00 $ 28,000.00 To provide funds for Curb and Gutter Camp Bowie reimbursement to Unspecified Unit II Special Assessments Belle Place to Fund for repealed Nillcrest assessments. Total $500,797.46 Background: On October 2, 1984 (M&C G-6121), the City Council conducted the benefit hearing for the improvements on Camp Bowie Boulevard, Unit I, from Montgomery Street to Belle Place, Project No. 30-025259-00. Ordinance No. 9228 was adopted closing the benefit hearing and levying the assessments as proposed. The total assess- ments amounted to $348,705.40. s DATE REFERENCE SUBJECT Camp Bowie Boulevard Unit I, PAGE NUMBER Improvements from Montgomery 2 2 3-•18-86 G-6608 Street -to Belle Place °f On June 18, 1985 (M&C FP-2043), the City Council accepted the project by the adoption of Ordinance No 9409, and authorized final payment to the contrac- tor. The property owners were mailed their first statement in August 1985. As a result, $173,474 17 of the total assessments have been paid as of February 14, 1986. On January 14, 1986 (M&C G-6456, Revised), the City Council conducted the bene- fit hearing on Camp Bowie Boulevard, Unit II, from Belle Place to Hillcrest Street. Prior to the above hearing, the staff was instructed to obtain the services of an independent land appraiser, who furnished an in-depth study of the affected properties, plus a general study of all of Camp Bowie Boulevard from Montgomery Street to I-30 The study indicated that the adjacent prop- erties will not be enhanced as a result of the street improvements As a result, the City Council closed the benefit hearing and no assessments were levied. Based on the above and on Article 1105b of the Revised Civil Statutes of Texas, the staff recommends that Ordinance No 9228 levying assessments on Camp Bowie Boulevard, Unit I, be repealed; that Ordinance No. 9409 be amended to repeal and delete therefrom Sections II and III; that the property owners who have paid their assessments in full andfor in part be reimbursed, and that the Mayor execute all necessary releases for the release of all notes and all mechanic's and materialman's liens and contracts executed and filed upon the subject properties Financing• Funding for the property owners' share of construction cost (assessments) for Units I and II was paid from the Special Assessments Unspecified Fund 94, Paving Assessment, Property Owner's Portion, Project Account No. 00990500, at the time of contract award Such costs amounted to $375,916.42 on Unit I and $124,881.04 on Unit II, for a total of $500,797.46. Since no assessments will be paid by the property owners to the Special Assessments Fund, the $500,797.46 will need to be replaced from Unspecified Street Improvement Bond Funds as indicated in the proposed bond fund transfer. Sufficient funds for this transfer are available in Street Fund 30, Camp Bowie-Montgomery to I-30, Project Account No 02525900, CBD Streets Unspecified, Project Account No. 02990100, and Curb and Gutter Unspecified, Project Account No. 03390100 (as shown in the recommendation). Upon approval of the bond fund transfer, the accounting office will move the funds from Fund 30, Camp Bowie Boulevard, Unit II, Project No. 02531000, to the Fund 94 Special Assessment Unspecified Project No. 009905-00, by Journal Entry. The expenditure will be made from Index Code 680405. APPROVED BY CITY COUNCIL DAI.idd SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: R ESSED BY OFFICE BY (] APPROVED ORIGINATING DEPARTMENT HEAD: Gar Santerre I.I OTHER (DESCRIBE) ~."lt'g $flCtH yy,~ <1TBtl~ ~S~ECRETARY FOR ADDITIONAL INFORMATION CONTACT 0. Schmidt .7805 v~: ~. ,,. Adopted Ordinance NO. ~ . ~ ... _. GATE