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Home My WebLink AboutOrdinance 9973 ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF McCART AVENUE, UNIT II, & III, 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 IMPROVEMNTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERMN'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 McCart Avenue Unit II, & III , 4ich is hereby designated Project No. 67-023193-00 (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 improvement of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, to wit: McCART AVENUE (UNIT II) - FROM A POINT 160 FEET NORTH OF SYCAMORE SCHOOL ROAD NORTHERLY 776 FEET, CONSTRUCTING A DOUBLE THIRTY-SIX FEET WIDE ROADWAY, & FOR AN ADDITIONAL 1721 FEET NORTHERLY, CONSTRUCTING A SINGLE THIRTY-SIX FEET WIDE ROADWAY ON THE WEST SIDE OF THE STREET TO EXISTING PAVEMENT. ( EAST SIDE OF STREET EXISTING ) . McCART AVENUE (UNIT III) - FROM A POINT 646 FEET SOUTH OF SYCAMORE SCHOOL ROAD TO THE SOUTH PROPERTY LINE OF LOT 1 , BLOCK 23, MEADOW CREEK ADDITION PHASE IV. -1- 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, for Project No. 67-023193-00 . II. The estimated cost of the Project based on the estimate of the City Engineer is Unit II $ 454,535.98 , & Unit III $667,739.40. 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 M. 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 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 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 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. -9- ' , f 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) tunes, 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 27th day of October, 1987, 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. PASSED AND APPROVED THIS ,�i � DAY , 19 `�. APPROVED AS TO FIRM AND LB ALITY: r y) City Attorney Date: S _ WAS1'''ER FILE-T\ "�VT1NB"3 V City of Fort Worth, Texas IRAN9P9RTATIONIPUBLIC -11 Mayor aY�/W Cou U AIL/(L]/ Comm f n(LlL at((ion %%ATER ADMINISTRATION (/(// DATE REFERENCE SUBJECT: AUTHORIZATION OF PROJECT AND PAGE NUMBER STABLISHMENT OF BENEFIT HEARING DATE, ASSESS- 3 ENT PAVING OF MCCART AVENUE UNIT II AND II"f FROM COLUMBUS TRAIL TO CLEBURNE ROAD RECOMMENDATION It is recommended that the City Council : 1. declare the necessity for and order the improvements to McCart Avenue (Unit II) from 160' North of Sycamore School Road to existing pavement at Cleburne Road and Unit III from 646' South of Sycamore School Road to Columbus Trail ; 2. authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property; 3. approve the estimates of cost and amounts to be assessed as stated in the engineer' s estimate; 4. establish October 27, 1987; as the 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 of Vernon's Annotated Civil Statutes; and 6. adopt an ordinance reflecting the City Council ' s authorization and approval of Items 1 through 5 above and other applicable requirements of Article 1105b, Vernon' s Annotated Civil Statutes. ORIGIN OF PROJECT This project was included in the 1986-1988 Capital Improvement Program approved by the voters in March, 1986. Recent improvements, including the newly constructed Sycamore School Road from McCart Avenue to West Cleburne Road, on-going street improvements on Sycamore School Road from McCart Avenue to Crowley Road, and on-going construction of the McCart Avenue/Sycamore School Road intersection will permit increased traffic flow on these major streets. It is proposed to proceed with the im- provements of McCart Avenue from Columbus Trail to the existing pavement south of West Cleburne Road to provide a fully developed arterial street from I-20/Loop 820 south to Columbus Trail to serve the needs of this newly develop- ing area. This project is in Council District 6. PROPOSED IMPROVEMENTS It is proposed to construct McCart Avenue, Unit II, with a seven-inch thick reinforced concrete pavement and a seven-inch high integral concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will consist of two thirty-six foot wide traffic lanes with a twenty-eight foot wide median on a one-hundred and twenty foot wide right-of-way for a distance of DATE REFERENCE SUBJECT: AUTHORIZATION OF PROJECT AND PAGE NUMBER ES ABLISHMENT OF BENEFIT HEARING DATE, ASSESS- 3of 3 9-29-87 G--7270 ME T PAVING OF McCART AVENUE UNIT II AND_-III FROM COLUMBUS TRAIL TO CLEBURNE ROAD PROJECT COST AND FINANCING Sufficient funds are available in Street Improvements Fund 67, Project No. 023193-00, McCart, Madrid - Columbus Trail , to finance the construction cost and in Fund 67, Project No. 095103-00, Engineering Salaries, for engineering cost. WATER AND SANITARY SEWER FACILITIES Water and sanitary sewer facilities are in place to serve all the adjacent lots, but these utilities will be replaced due to age in service. AUTHORIZATION OF PROJECT In accordance with the provisions of Article 1105b of Vernon's Annotated Texas Statutes, it is proposed that the City Council approve the estimates of cost for the proposed project, conduct a benefit hearing, and levy assessments for the project prior to the completion of plans and the solicitation of bids for construction. DAI :dd APPROVED BY CITY COUNCIL SEP 29 1987 'ai Y S M*tarY of the C1,T of Fort Worth.Texan SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: David Ivory ❑ APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: Gary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION #ed Ordinance No. CONTACT: Drol et 7805 Adop DATE • �i i c I I [r'b. r t • n M pe r L OA S SAL f t = ([MSI IACLRA mxrwr :M SYCAMM " SITE f Cft Q a. ti _..........s:-s..M, :r ry::::.. _ F=fire-:_s.•-. MCCMC AVENUE UNITS I & II PRDJBCT NO. 67-023193 PROJECT NO. 67-023193-00 MCCART AVE. UNIT II, FROM A POINT 160 FEET NORTH OF SYCAMORE SCHOOL RD. NORTHERLY 776 FEET, CONSTRUCTING A DOUBLE THIRTY-SIX FEET WIDE ROADWAY, & FOR AN ADDITIONAL .1721 FEET NORTHERLY, CONSTRUCTING A SINGLE THIRTY-SIX FEET WIDE ROADWAY ON THE WEST SIDE OF THE STREET TO EXISTING PAVEMENT. ( EAST SIDE OF STREET EXISTING ). To be improved by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high integral concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will consist of two thirty-six feet wide traffic lanes with twenty-eight feet wide median on the 120 feet R.O.W. . OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT FROM 4851SO.OF W. CLEBURNE RD. JAMES W. WILLIAMS SURVEY WESTSIDE 000004713508 LOUIS G. REESE 8626 DOUGLAS AVENUE E 630.00'Pavement 55.20 34776.00 DALLAS, TX 75225 614.00'Curb 3.42 2099.88 A 1599 7R 2 630.00'St. Lights 5.48 3452.40 630.00'Drainage 28.18 17753.40 58081 .68 58081.68 ADJUSTED:* LITTLEPAGE ELLIS ADDITION 000005400856 LOUIS G. REESE 8626 DOUGLAS AVENUE E 1170.00'Pavement 55.20 64584.00 DALLAS, TX 75225 1170.00'Curb 3.42 4001.40 A 971 TR 1J 1170.00'St. Lights 5.48 6411.60 1170.00'Drainage 28.18 32970.60 107967.60 107967.60 ADJUSTED: LITTLEPAGE ELLIS ADDITION 000004905768 R. D. PLETCHER & JOE %ROCEQ,ZY D. PLETCHER 2200 LINCOLN PLAZA E 322.00'Pavement 55.20 17774.40 DAL AS, TX 75201 251 .00'Curb 3.42 858.42 A 971 TR 1H 322.00'St. Lights 5.48 1764.56 322.00'Drainage 28.18 9073.96 29471.34 29471.34 ADJUSTED:* -1- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT ,WFSTSIDE LITTLEPAGE ELLIS ADDITION 000004681614 CULLUM DEV. CO. %PROP. TAX SERV. CO. 14303 INWOOD ROAD E 290.00'Pavement 55.20 16008.00 DALLAS, TX 75240 259.00'Curb 3.42 885.78 A 971 TR 1E 290.00'St. Lights 5.48 1589.20 290.00'Drainage 28.18 8172.20 26655.18 ADJUSTED: * 26655.18 ADJUSTED: EASTSIDE SA & MG BY CO. SURVEY 000004698487 ALLTEX LAND INV. CO. %AVTAX, INC. 902 W. COMMERCE E 823.00'Pavement 55.20 45429.60 UAISAS, TX 75208 710.00'Curb 3.42 2428.20 A 1463 TR 4 823.00'St. Lights 5.48 4510.04 823.00'Drainage 28.18 23192.14 75559.98 75559.98 ADJUSTED:* -2- McOW AVENUE, UNIT II, wont. A. TOTAL MN TO PRDPERTY 04VI ;EtS...........................$297,735.78 B. TOTAL ODST TO CITY OF FORT WDRTFI........................$156,800.20 CONSTRUCTION COST $123,130.87 ENGR.IlW./ADMIN. $ 33,669.33 (8% OF ESTIMM $420,866.65) C. TU►PAL ESTIMM CONSTF&MON ODS?r........................$454,535.98 Ii+X38�D: * - Adjusted for credit for drainage appurtenances. -3- PROJECT NO. 67-023193-00, MCCART AVENUE UNIT III, FROM A POINT 646 FEET SOUTH OF SYCAMORE SCHOOL ROAD TO THE SOUTH PROPERTY LINE OF LOT 1, BIUCK 23, MEADOW CREEK ADDITION PHASE IV. To 'be inproved by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high integral concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will consist of two thirty-six feet wide traffic lanes with a twenty-eight feet wide median on the one hundred and twenty feet wide right-of-way. OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT 646' SOUTH OF SYCAMORE SCHOOL FOAD NEADOW CRK #1 EAST SITE 000001703358 FOX & JAC7OBS,INC. P. 0. BOX 934 A 790.00' CAROLLTON, TX. 75006 BIK 1 MT 1,BLK 8 IOTS 1 & 18, BLK 10 IURS 1 & 19, BLK 13 27395.05 LOT 1 (PRE-PAID) ADJUSTED:** MEADOW CREEK ADDN. PHASE IV. 000005529832 MEADOWCREEK 1983 J 16660 DALLAS PRKWY STE 20 A 1115.00' DAIX AS TX 75248 BLK 13 IAT 20, BIK 18 LOTS 1 & 21, BIK 19 LOTS 1 & 22, BIK 21 LOTS 1 & 24, BLK 23 IiOT 1 48960.20 ADJUSTED:*** (PRE-PAID) aC)IU437S TRAIL INTERSECTS LITTLEPAGE ELd.LS WEST SIDE 000005400813 %JERKY PRICER & CO JERRY L TRUSTEE TH 4200 S HULEN STE 304 E 731 .001PAVIIMENT 55.20 40351.20 FT WC1R*TH TX 76106 622.001CURB 3.42 2127.24 A 971 TR 1B05 731 .001LIGHTS 5.48 4005.88 731 .001DRAINAGE 28.79 21045.49 67529.81 67529.81 ADJUSTED:* -1- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT LITTLEPAGE ELLIS 000005400821 E R V ENTERPRISES 777 MERCANTILE PKWY STE 5 C 1068.58'PAVEMERr 55.20 58985.62 ARLINGTON TX 76011 1006.58'CURB 3.42 3442.50 A 971 TR 1B05A 1068.58'LIGHTS 5.48 5855.82 1068.58'DRAINAGE 28.79 30764.42 99048.36 99048.36 ADJUSTED:* (PRE-PAID) IEC;Ei�ID: * CREDIT POR DRAINAGE INLETS. ** CFA # 10755 PROVIDES STREET IMPROVHMENIS POR EK 1 LOT 18, B K 8 Lfl'T 1 & 18, B K 10 LOT 1 & 19, SIK 13 IDT 1, MEADOW CREEK ADDN. PHASE I. *** CFA # 13504 PROVIDES STREET IMPROVEMENTS FOR SIR 13 Lfl'T 20, SIR 18 IDT 1 & 218, ELK 19 LOT 1 & 228, ffiK 21 LOT 1 & 24, SIR 23 LOT 1, MEADOW CREEK ADDN. PHASE 1V. -2- Mc'CART AVENUE, UNIT III, cont. A. TO AL COST TO PROPERTY WiMS...........................$242,933.42 PRE—PAID $175,403.61 BALANCE TO BE PAID $ 67,529.81 B. TOTAL COST TO CITY OF FORT WORTH..........o...........$424r8O5.98 OONSTRUCHON ODST $378,754.99 ENMoINSP./ADMIN. $ 46,050.99 (8% OF ESTIMATE $621,688.41) C. TOTAL ESTIMATED CONSTRUCTION COST........................$667,739.40 —3—