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Home My WebLink AboutOrdinance 9343yy Y N Yf s ~ ~i ' . ORDINANCE NO. -~~'~" AN ORDINANCE AUTHORIZING THE ISSUANCE, IN THE NAME OF THE CITY OF FORT WORTH, OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED IN ACCORDANCE WITH ARTICLE 1105b, REVISED CIVIL STATUTES, FOR PROJECT NO. 030-23188-00, BRYANT IRVIN ROAD, WEST LANE, FROM 175 FEET SOUTH OF BRYAN HENDERSON ROAD TO 292 FEET NORTH OF BELLAIRE DRIVE SOUTH; AUTHORIZING THE ASSIGNMENT AND TRANSFER TO THE CITY OF BENBROOK OF SAID CERTIFICATES PERTAINING TO ASSESSMENTS AGAINST PROPERTIES ABUTTING SAID PROJECT LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF BENBROOK; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLL- MENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to agreement between the City of Fort Worth and the City of Benbrook, it was agreed that improvements should be made to a certain portion of Bryant Irvin Road located along the common boundary line of said cities, said improvements to be admin- istered by the City of Fort Worth; and WHEREAS, on March 15, 1984, the Benbrook City Council adopted Resolution No. 84-02, consenting to said improvements and authoriz- ing the City of Fort Worth to assess abuttiny properties located within the corporate limits of the City of Benbrook; and WHEREAS, on May 15, 1984, the Fort Worth City Council adopted Ordinance No. 9098, which ordinance declared the necessity for and ordered improvements known as Project No. 030-023188-00, Bryant Irvin Road, West Lane, from 175 feet south of Bryan Henderson Road to 292 feet north of Bellaire Drive South ("the Project"); and WHEREAS, on May 15, 1984, the Fort Worth City Council adopted Ordinance No. 9099, approving the estimate of the cost of such improvements and scheduling a public benefit hearing for the purpose of determining, in accordance with Article 1105b of the Revised Civil Statutes, assessments to be levied against abutting properties and the owners thereof; and WHEREAS, notice was given to owners of such abutting properties in accordance with said Article 1105b and thereafter the public benefit hearing was held on June 12, 1984, and on said date the Fort ~` Worth City Council adopted Ordinance No. 9120, which closed said hearing and levied assessments on said abutting properties in accor- dance with Article 1105b; and WHEREAS, said abutting properties included properties located within the corporate limits of the City of Benbrook; and WHEREAS, on July 5, 1984, the Benbrook City Council adopted Ordinance No. 680, which ratified and approved the assessments so levied against said properties located within the City of Benbrook; and WHEREAS, said Project has been completed and the improvements accepted by the City of Fort Worth on February 12, 1985, by adoption of Ordinance 9318 (M&C FP-2005); and WHEREAS, the City of Benbrook has heretofore paid to the City of Fort Worth its at-large share of the cost of the Project as well as the total amount assessed against said properties located within the City of Benbrook, with the intent that the City of Fort Worth assign the collection of said assessments to the City of Benbrook; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the City Council of the City of Fort Worth hereby authorizes the. issuance, in the name of the City of Fort Worth, of assignable certificates in evidence of the assessments heretofore levied in connection with Project No. 030-023188-00, Bryant Irvin Road, West Lane, from 175 feet south of Bryan Henderson Road to 292 feet north of Bellaire Drive South ("the Project"), against abutting. properties and the owners thereof, including those abutting prop- erties located within the corporate limits of the City of Benbrook and described in Exhibit "A", attached hereto and incorporated herein. Said assignable certificates shall be executed by the Mayor --2- ~_ ,. of the City of Fort Worth, signing the .same or by his facsimile signature impressed thereon, and shall contain those terms and con- ditions as prescribed by Ordinance No. 9120, adopted by the City Council of Fort Worth on June 12, 1984, and Ordinance No. 9318, adopted by the City Council of Fort Worth on February 12, 1985. SECTION 2. That the Mayor of the City of Fort Worth is hereby authorized and empowered to assign to the City of Benbrook, a municipal corporation of Tarrant County, Texas, those certain certificates evidencing the assessments heretofore levied in connection with the Project against those certain abutting properties, and the owners thereof, located within the corporate limits of the City of Benbrook and described in Exhibit "A". SECTION 3. 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, 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 4. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. -3- ,r. r! s. i '" r SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~~ity Attorney Date: „~ ADOPTED: ~ `' ~ (?''d ~r- ~j, ~' EFFECTIVE : ~ ~" ~~~~ -4- ~. t ,~~ '~~ f" PRO,iF.CT N0. 030-0231AA-00, BRYANT IRVIN ROAD, WEST LANE, FROM 175 FEET SOUTH OF BRYAN L~NDERSON RQAD '1~ 292 FEHT NORTH OF RELLAIRI; DRIVF SOUT11, to he improved by conetructinR • craven-inch ~i~iak reinforr=- concr.ete pavement with seven^inch high monolithic curb on an eight-inch thick lime stabilised subgrade_ so that the finished traffic lane will be thirty-si.x feet wide. Reinforced concrete mecilen openings wit' turn lanes and concrete driveway approaches will be constructed whets specified. BLOCK OWNER LOT TONING FRONTAGE RATE AMOl1l~Tf ASSESSMENT WEST SIDE. - BENRROOK CITY LIMITS OOUNTRY DAY MEADOWS ADDITION Vantage Co. Centrepoint 3 1 1A6.0' Ad:~uated to: (Exist. Facil.6[hcain.Ease) Two - Suite 400 Comm. 26.0' Pavement 569.60 1,A09.b0 h16 Si.x Flags Dr. 26.0' Curb 1.66 43.16 Arlington, TX 16011 Attn Steve F. Swann 1,A52.7` Overcaah-(.'.aodman 3-A 3 3A3.04' Ad,iusted to: (Drain. kaoexusnt) lntarprit3es Comm. 308.04' Pavement 569.60 21,439.SA 2501 Parkview-Suite 31~ 308.04' Curb 1.66 511.35 Fort Worth, TX 76102 Attn: David E. Blaie 21,950.93 Oak Park Interprisea- 2-A 3 640.0' Pavement $69.60 44,544.x10 Partnership Comm. 640.0' Curb 1.66 1,062.40 2501 Parkview-Suitu 31O 372.0 SF Driveway 2.7fi 1,026.72 Fort Worth, TX 76102 1.400.0 SF Median Open. 2.62 3,fibq.AO Attn David F.. Blais 3,906.0 SF Turn Lane 2.62 10,233.72 60,534.H4 Hryant-Irvin Road 1-A 3 267.62' Pavement $69.60 18,626.35 Development-.Partnership Corruu. 267.62' Curb 1.66 444.?5 4200 Bryant Irving Rd. Fort Worth, TX 76104 19,070.60 END BFNBROOK CITY LIMITS SUBT07'AL THI S PAi;E 5103,409.1 :f, -1- C~ ~ ~~i ~ii.E ,i ~ ~- ~ City of Fort 'worth, ~'exas CITY ~a,Nn'cr~ >, ~~ ~• Accourarnc z J V'lrt a ®~° aid c~®~~~cal ~®m,~un~~ata®~ ~ttAMuPORTAT'ION'PUBL.IC .b"lORKS~~t N•~'t'ER AU~YIIIV LA t9 '1 :lP~A*~ti ~b REFERENCE NUMBER SUBJECT ASSIGNMENT OF COLLECTION OF PAGE 3/26/85 ASSESSMENTS TO CITY OF BENBROOK 1 **G-6289 BRYANT-IRVIN ROAD WEST LANE i°r Background In accordance with agreements between the City of Benbrook and the City of Fort Worth, Bryant-Irvin Road (West Lane) has been improved. The City of Benbrook provided funds for the cost of the west lane from the existing pavement on the south to Bellaire Drive South (City Limit Line), with the City of Fort Worth providing for the intersection improvements at Bellaire Drive South and a short segment northward. The entire pro3ect was administered by th.e City of Fort Worth under its current assessment paving policy, to include assessments against the four City of Benbrook property owners. Accordingly on May 15, 1984 (M&C C-8380), the City Council declared the necessity for and ordered the improvements on Bryant-Irvin Road (West Lane) from 175' South of Bryan Henderson Road to 292' North of Bellaire. Drive South, Project N0. 30-023188-00, Ordinance No. 9098. M&C C-8380 also provided for the approval of the estimates and setting the benefit hearing date for June 12, 1984, Ordinance No. 9099. On June 12, 1984 (M&C G-6015), the City Council closed the benefit hearing and levied the assessments as proposed to include the City of Benbrook property owners, Ordinance No. 9120. The assessments against the City of Benbrook pro- perty owners were ratified by the Benbrook City Council on July 5, 1984, Ordinance No. 680. The pro3ect has been completed and accepted by the Fort Worth City Council on February 12, 1985, M&C FP 2005, Ordinance No. 9318. Final Action As previously agreed, the City of Benbrook has paid to the City of Fort Worth all its at-large share of cost as well as the total amount assessed against its four property owners. The Benbrook property owners will in turn pay their assessments to the City of Benbrook. However, an ordinance is required for Council action assigning the collection of Benbrook property owner's assessments to the City of Benbrook. Such ordinance has been prepared by the Department of Law and is presented for Council action. Recommendation It is recommended that an ordinance be adopted assigning the collection of assessments from Benbrook property owners to the City of Benbrook as outlined above. APPROVED BY CITY COUI~ICIL DAI:dv MAR 26 1985 SUBMITTED FOR THE ' CITY MANAGER S DISPOSITION BY COUNCIL: --p(= ~ nFFICE BY: ^ APPROVED City Seotetary ! the ORIGINATING DEPARTMENT HEAD: Gary L. Santerre ^ OTHER (OESCR ~ o o CITY SECRETARY FOR ADDITIONAL INFORM T Oy CONTACT ®~ell. Schmidt EXt. 7805 if Adopted Ordinance No ~L~~~ . P~.J DATE