HomeMy WebLinkAboutOrdinance 10430 ORDINANCE NO. 1191126
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMENT OF, MISSISSIPPI AVENUE, FROM GLEN
GARDEN DRIVE TO EAST ALLEN AVENUE, AND MORPHY STREET, FROM NEW
YORK AVENUE TO HILLSIDE PARK DRIVE, 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 TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE
WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT
THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID
STREET IMPROVEMENTS 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.
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, Mississippi Avenue, from Glen Garden Drive to East Allen
Avenue, and Morphy Street, from New York Avenue to Hillside Park Drive,
which is hereby designated Project No. 67-040204-00, (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 $ 987,610.80. 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. A I Article 1105b (hereinafter referred to as "Article 1105b") , and
the City CLrter 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 ��orth 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 2ND day of JANUARY , 1990 at 7:00 P.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.
PASS AND APPROVED THIS DAY OF ,
19
APPROVED AS TO FORM AND LEGALITY:
A ssis City Attorney
Date:
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0"fER FILL-I City of Fort Worth, Texas
ACCOUNTPJQ•2
TRANtP0RTAT"PU8LWA yor and Council Communication
ManLR AOMI
DATE REFERENCE suBJECr: AUTHORIZATION OF PROJECT AND PAGE
NUMBER
"W1 ESTABLISHMENT OF BENEFIT HEARING 3
�J 11-7-89 G-8309 DATE FOR THE ASSESSMENT PAVING OF 1of
UE
DRIVE TO E. ALLEN AND MORPHY STREET
NEW YORK AVENUE TO HILLSIDE PARK
DRIVE
RECOMMENDATION:
It is recommended that the City Council :
1. approve the following bond fund transfer:
FROM TO AMOUNT REASON
94-009905-00 67-040204-00 $105,292.84 To provide funds for
Special Assessments Mississippi and the property owner's
Unspecified Morphy share of the street
construction.
2. declare the necessity for and order the improvements to Mississippi
Avenue, Glen Garden Drive to East Allen Avenue, and Morphy Street , New
York Avenue to Hillside Park Drive;
3. authorize the assessment of a portion of the cost of the Mississippi
Avenue and Morphy Street improvements against the owners of the abutting
property;
4. approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
5. establish January 2, 1990, as the date of the benefit hearing;
6. authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Texas Civil Statutes; and
7. adopt an ordinance reflecting the City Council ' s authorization and
approval of Items 2 through 6 above, and other applicable requirements
of Article 1105b, Vernon's Texas Civil Statutes.
DISCUSSION:
The 1986-88 Capital Improvement Program approved in March, 1986, included
funds for the improvement of Mississippi Avenue and Morphy Street.
Mississippi Avenue was reconstructed in 1972. Property owners on the
assessment rolls were credited for existing life of the HMAC pavement by 50%,
concrete driveway approaches 60%, and curb and gutter 60%, per assessment
paving policy.
DATE REFERENCE SUBJECT: AUTHORIZATION OF PROJECT AND PAGE
NUMBER ESTABLISHMENT OF BENEFIT HEARING 2 3
11-7-89 G-8309 DATE FOR THE ASSESSMENT PAVING OF Of
MISSISSIPPI AVENUE, GLEN GARDEN
DRIVE TO E. ALLEN AND MORPHY STREET
NEW YORK AVENUE TO HILLSIDE PARK
DRIVE
The streets are located in the Near Southeast target area. CDBG funds will
provide 15% of the construction cost.
These streets are located in Council District No. 8.
PROJECT DESCRIPTION:
STREET LIMITS WIDTH/FEET ROW WIDTH/FEET
Mississippi Avenue Glen Garden Drive 36 and 40 Variable
to East Allen Avenue
Morphy Street New York Avenue 26 43
to Hillside Park
Drive
PROPOSED IMPROVEMENTS:
Mississippi Avenue, from Glen Garden Drive to East Allen Avenue, is proposed
to be improved by constructing a six-inch thick reinforced concrete pavement
with a seven-inch high attached concrete curb on a six-inch thick lime
stabilized subgrade, so that the finished roadway will vary from thirty-six
feet to forty feet wide on a variable right-of-way. Four-inch thick concrete
sidewalks and six-inch thick concrete driveway approaches will be constructed
where shown on the plans.
Morphy Street, New York Avenue to Hillside Park Drive, is proposed to be
improved by constructing a six-inch thick reinforced concrete pavement with
seven-inch high attached concrete curb on a six-inch thick lime stabilized
subgrade so that the finished roadway will be twenty-six feet wide on a
forty-three foot right-of-way.
ENGINEER'S ESTIMATE OF COST FOR STREET IMPROVEMENTS:
Based on the Engineer' s cost estimate, the base assessment rates before
adjustments have been established as follows:
Mississippi Avenue
6 inch thick reinforced concrete pavement (40' wide) $45.48/L.F.
6 inch thick reinforced concrete pavement (36' wide) $40.96/L.F.
7 inch high attached concrete curb $ 2.81/L.F.
6 inch thick concrete driveway approaches $ 2.85/S.F.
4 inch thick concrete sidewalks $ 2.50/S.F.
DATE REFERENCE SUBJECT: AUTHORIZATION OF PROJECT AND PAGE
NUMBER ESTABLISHMENT OF BENEFIT HEARING 3 3
11-7-89 G-8309 DATE FOR THE ASSESSMENT PAVING OF of
MISSISSIPPI AVENUE, GLEN GARDEN
DRIVE TO E. ALLEN AND MORPHY STREET
NEW YORK AVENUE TO HILLSIDE PARK
DRIVE
Morphy Street
6 inch thick reinforced concrete pavement (26' wide) $24.96/L.F.
7 inch high attached concrete curb $ 2.51/L.F.
The assessment rates result in the following division of cost:
Mississippi Morphy
Property Owner's share of cost $102,545.84 (11%) $ 2,747.00 ( 3%)
City's share of the cost $793,190.76 (89%) $89,127.20 (97%)
Total estimated cost $895,736 $91,87TM.
FINANCING:
Sufficient funds are available as follows for transfers:
FUND PROJECT NO. PROJECT NAME AMOUNT
Special Assessment 009905-00 Special Assessments $105,292.84
Fund 94 Unspecified
Upon approval and completion of Recommendation No. 1, sufficient funds will
be available as follows:
FUND PROJECT NO. PROJECT NAME AMOUNT
Street Improvement 040204-00 Mississippi Avenue $105,292.84
Fund 67 and Morphy Street
Financing for the City ' s share of the construction cost will be established
at the time of contract award. APPROVED BY
DAI:d CITY COUNCIL
NOV 7 1989
Cay secmwt of the
City of 1portwarth.T""
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: William Wood ❑ APPROVED
ORIGINATING
❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: Gary Santerre CITY SECRETARY
FOR ADDITIONAL INFORCATIQN ted Ordinance Noy `'
CONTACT: un ay 8063 dop DATE