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HomeMy WebLinkAboutOrdinance 8259~. ,~. ORDINANCE NO. ~ ~~ AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVE- MENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON A PORTION OF EDERVILLE ROAD _ AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS, FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort Worth, Texas, has heretofore ordered that each of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, be im- proved by raising grading and filling same and by constructing thereon the following to-wit EDERVILLE ROAD In Courtney Oaks Phase I from Morrison Drive to Z15' east a seven-inch thick hot-mix asphaltic con= ~'= Crete pavement on a six-inch thick lime stabilized subgrade with seven--inch high concrete curb and eighteen-inch wide concrete gutter on a forty- eight foot. roadway Six-inch thick concrete drive- ways will be constructed where specified !~. together with concrete curbs, gutters driveways and incidentals to such improvements on proper grade and line where same are not already so constructed together with storm sewers and drains and other necessary incidentals and appurtenances all of said im- provements to be constructed as and where shown on the Plans and in strict accordance with the Plans and Specifications therefor contract therefore has been made acd entered into with C R_ 0 A~,~halt. Tnc. and WHEREAS, the City Council of the City of Fort Worth, Texas has caused the Public Works Director to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot proposed to be assessed against abutting property and the owners thereof and such estimates have been examined NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT I Such estimates be and they are hereby adopted and approved II It is hereby found and determined that the cost of improvements on each portion of streets avenues and public places hereinafter described, with the. amount or amounts per front foot proposed to be assessed for such improvements against abutting pro- perty and the owners thereof, are as follows, to-wit EDERVILLE ROAD In° Courtney Oaks from Morrison Drive to 715' east, known and designated as Project No 029-36578 The estimated cost of improvements is $ 73.565.55 the estimated amount per front foot to be assessed against abutting property and the owners thereof for pavement concrete curb and gutter is $ 34.85. `~`#~#~~~#~f~`#~~`#~#1 the estimated amount per front foot to be assessed against abutting property and the owners thereof for _~_ wide concrete sidewalk is $ -0- the estimated amount per square foot to be assessed against abutting property and the owners thereof for six-inch thick concrete driveway is $ 2.25 per square foot the total estimated amount per front foot to be assessed against abutting property and the owners thereof is $ 34.85 , plus the cost incurred for concrete driveway construction where specified `ti IIT A hearing be given and held by and before the City Council of the City of Fort Worth Texas to alI owning or claiming any property abutting upon said portions of highways streets avenues and public places as well as to all owning or claiming any interest in any such property Such hearing shall be given and held on the 20th day of 'Januar:y 19 81 at 10:00 a.~ in the Council Chamber in the City Halp in the City of Fort Worth Texas and unles ~ the City Secretary is hereby directed to give or cause to be given notice ,of the waived time and place of such hearing and of other matters and facts in accordance with the terms and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas and known as Chapter 106 of the Acts of said Session now being known as Article 1105b of vernon's Texas Civil Statutes as amended by Acts 1967 60th Legislature Page 365 Chaptex 176 Section 1 emergency effective May 12 1967 Such notice shall be by advertisement inserted at least three (3) times in a newspaper published in the-City of Fort Worth Texas, the first publication to be made at least twenty one (21) days before the date of said hearing Said notice shall comply with and be in accordance with the terms and provisions~of said Act as amended The„C}}~ Secr,e.tar~ is further directed to give or cause to be given personal. notice~of tie ~~me and place of such hearing to all owning or claiming any property abutting oci said portions of highways streets avenues and public places as well as to all owning or claiming any interest in any such property Such personal notice shall be in writing and shall be given or caused to be given by the City Secretary by depositing such written notice in the United States Mail at least fourteen (14) days before the date of the hearing postage prepaid in envelopes addressed to all persons owning or claiming any interest in the respective properties abutting the high- ways streets avenues and public places or portions thereof to be improved as the names bf such persons are shown on the current rendered tax rolls of the City of Fort Worth and at the addresses so shown or if the name of such respective owners do not appear on such rendered tax rolls then address to such owners as their names are shown on the current unrendered tax rolls of the City of Fort Worth at the addresses shown thereon In those cases in which an owner of property abutting a highway street avenue or public place or portion or portions there- of which is to be improved is listed as "unknownB1 on the then current City of Fort Worth tax rolls or the name of an owner is shown on the City of Fort Worth tax mils but no address for such owner is shown, no notice need be mailed In those cases where the owner is shown to be an estate the mailed notice may be addressed to such estate In this connection the City Secretary shall prepare and file or cause to be prepared and filed with these proceedings a list of the properties to be assessed the names of those persons owning or claiming any interest in said properties to whom the notice was mailed together with the last known addresses determined as aforesaid of the respec.t.ive owners and those perg sans owning or claiming any interest in said property F Unless waived n"the City Secretary shall certify that.,each of the parties in said list whose address is shown on the then current rendered or unrendered tax rolls of the City o.f &°ort Worth was mailed a copy of the notice of hearing and shall further certify the date or dates on which said notice was mailed A copy of each notice shall be attached to such certificate The certificate of the City Secretary will be con- clusive evidence of the facts therein recited ~.. ~,= ~,,. IV The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council and by filing the complete ordinance in the appropriate Ordinance Records of this City V This ordinance shall take effect and be in full force and effect from and after the date of its passage 'l Passed and approved this~_d ~ day of ~ 19~ APPROVED AS TO FORM AND LEGALITY C~ ity ttorney ,~S City of Dort Worth, ~'exas Jl~ayor and Councal Communacatzon DATE REFERENCE SUBdfiCT: Amendment tb Community Facilities PAfiE NUMBER Contract No 11122 (Assessment C-5489 ad and 1 °' 3 Benefit Hearing History On May 27, 1980(M&C C-5112), the City Council authorized the City Manager to execute a Community Facilities Agreement with~Paul Cheng, the developer of Courtney Oaks Addition, Phase I Included in the agreement is the improvement of Ederville Road from its intersection with Morrison Drive easterly approximat 715 linear feet to the southeast corner of Courtney Oaks. Addition, Phase I to be constructed 48' widn with concrete curb>and gutter .and collector grade pave- ment The agreement indicated the above segment of Ederville Road to be an ixiterior street.since the developer owns all of the property on both sides of the proposed roadway Courtney Oaks, Pha~eTl, being on the north side and Phase II on the south side The developer purchased the LO acre tract of land, zoned "A"-1 Family Residential in August 1979 His plans were tQ rezone Phase I to "C" Apartment and construct the t'•ourtney Oaks Apartment Complex and rezone Phase IY to "CR" Apartment and construct a lower density apartment project The zoning for Phase.I was approved by the City Council on December 11, 1979 However, Phase II rezoning was rejected by the City Council on July 22, 1980 As.a result the developer has been unable to develop Phase II causing a shortage of funds to pay for the south one-half of Ederville Road through-the development On December 23, 1980,- the Public Works Department received a letter from the developer (Paul Cheng) reiterating the above and requesting that Community Facilities Contract No 11122 be amended to allow the City to award the contract for the improvement of Ederville Road from Morrison Drive to-715' east bn the assessment paving basis The developer will pay cash within 45~~days for his shay of the north one-half of the street and the full developer's share of storm drainage cost within the entire roadway He further requested that he be assessed for the south one-half of the roadway based on normal developer's „_ cost adjacent to residentially zoned property to be repaid in five annual. payment plus 6% interest on the unpaid balance annually, the first 1/5 being due 30 days after the project is accepted by the City However, should the developer be successful in accomplishing a zoning change for Phase II to "CR" Apartment prior to the full payback of the assessment, then he will pay back the City the full assessment for the south side of the street, namely $24,001 55, plus 6Y interest Receipt of Bids The project was advertised for bids by the developer's engineer (Farrington & Associates) on October 8 and 15, 1980, and the following bids were received on. October 29 1980 Y~ SUBJECT Amendment to Community Facilities Contract No 11122 (Assessment. Benefit.Hearing Bidder Amount Working Days SRO Asphalt Tnc $73,565 55* 35 Austin Road Company $79,148 58 50 APAC-Texas, Inc $81,520 66 40 *SRO Asphalt, Inc , has agreed to extend the validity of their bid through January 20, 1981 Improvements This segment of Ederville Road will be improved with 7" thick hot-mix .asphaltic concrete pavement with concrete curb and gutter, plus concrete driveways where specifi~ii _~n the north side of the street Storm drain improvements consist of 336' of pipe and appurtenances Project Cost and Financing Based on the low bid and special provisions of the amended community facilities contract as outlined above the developer will pay $25,914 65 for the north one-half of the street $16,297 for storm drain.fao•~Llities and $19,909 45 for the south one-half of the street for a total of $62,114 :66, to be provided for by a bond fund transfer from the "Revolving Fund Unspecified" Cost to the City for construction will be $11,444 45, requiring a bond fund transfer from the Streets in New Additions Unspecified Account" to supplement funding existing in Project No 021-036-578-00 Recommendations It is recommended that the following items be approved and adopted in the sequence in which they are set out herein 1 Community Facilities Agreement-No 11122 b.e amended as outlined above 2 The following bond fund transfers be approved From To Amount Reason 029-036-901-00 029-021-101-00 $62 500 To provide funds in Streets in New Addi- Revolving Fund Contribu- the revolving fund tions Unspecified tion contribution account 094-009-901-OU 094-036-578-00 $62 121 ~0 To provide funds for Revolving Fund Revolving Fund Assess- property owners' share Unspecified went Paving of Ederville of construction cost Road in Courtney Oaks Addition, Phase I 029-036-901-00 029-036-578-00 $11,500 To provide funds for Streets in New Assessment Paving of City's additional Additions Unspecif ed Ederville Road in cost of construction Ca~urtney Oaks Addition, Phase I d~ DATE REFERENCE NUMBER ~,~n~sti C-5489 SUBJECT Amendment ?ro Community Faciliti Ccntract No 111.22 (Assessment _______ _~.~tlg_.Q~ ~'der~v%ile _Road) and _ PAGE 3 An ordinance be adopted a Der.laring the necessity for and ordering the .improvements b Making provisions for levying assessments c Direcitng the Public Works Department to prepare estimates ~f costs and amaunc.s r^~ be assessed d Awarding the ecntruct to SRO Asphalt. Tnc in the amount. of $73 565 55 bayed :~n their low bid e Making upprcpr iations to comer the indebtedness thereby ina.fri.ed fQr improvements of the projer:t named above and, 4 Upon a complishment of Recommendation 3 an ordinan~_e be adopted a. App.toving the estimates of costs and amounts proposed to be assessed an b Sett..ing Janf:cary 20 .1981, as the date for the benefit hearing, subject t and c~ndiaiun.~d upon receipt of Wa .cer of Notice of Benefit Hearing; and 5 Upon accomplishment. of Recommendation 4 an ordinance be adopted cl.os~ng the benefit hearing and lefay:ing the assessments as proposed ~t~ plg A*ta bment ri S I ! i 1 L. ~Er.F... t,Y .~ ~ y< ..... ff.~"r ~1~C ~lr4t Rtu~ h SUBMITTED FOR THE CITY MANAGER'S ~ t DtSPOSITIOfY 9Y COUNCiI: PROCESSED BY OFFICE sr• r~yJ p APPROVEb ORIGINATING _ y/ `'~ 6+ ,,~ OTMER tDE5CR19E) d a/ DEPARTMENT NEAO: Ga7C Vw "~ f Y~/ CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT dell Schmidt EXCe X800 DATE AMDTt~n nOrT~r-»nn .-n _____ _.... ,,...,a.~,...,., ~~, ~~,,~ u~1C14'ilgilYli lV>.t;l;•SSt"t7 AND ORDERING IMPROVEMENTS nRfITNANf F N!1 ft~SQ CRTTTN/~ RTT1Ji~+i~TT utr evTU~+ TAU 7A 1 OCt 11Dr1TL7ALTl~O yin pncn nt,~nT ~i.