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HomeMy WebLinkAboutOrdinance 10902.- ~~ ~~ ORDINANCE NO G~ 7 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF EA5TLAND STREET FROM CAREY STREET TO MILLER AVENUE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED, DIRECTING THE CITX SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas, has declared the necessity for and ordered that each of the following portions of streets, avenues and public places be improved by raising, grading, filling and constructing thereon EASTLAND STREET from Carey Street to Miller Avenue, known and designated as Project No 67-040190-00, to be improved by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb over a six-inch thick stabilized subgrade so that the finished roadway will be thirty-six to forty-four feet wide on a variable width Right-of-Way Four-inch thick concrete sidewalks and six-inch thick concrete driveway approaches will be constructed where shown on the plans -1- ~... ~. WHEREAS, concrete curbs and gutters on proper grade and line, storm drains, and other appurtenances shall be constructed WHEREAS, all improvements will be constructed strictly according to approved Plans and Specifications. WHEREAS, estimates of the cost of the improvements to the streets, avenues, and public places were prepared, filed, approved, and adopted by the City Council WHEREAS, the proper notice of the time, place, and purpose of the hearing was given WHEREAS, the hearing was held on the 20th day of August, 1991 at 10'00 o'clock A M in the Council Chamber of the City of Fort Worth, and at the hearing the Council permitted all interested parties a full and fair opportunity to be heard. WHEREAS, the City Council, having fully considered all the matters presented during the hearing, is of the opinion that the hearing should be closed and the assessments should be made and levied as herein ordered NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT I The benefit hearing is hereby closed. II. The City Council finds from the evidence (i) that the assessments should be made and levied against the respective parcels of property abutting the streets, avenues, and public places and against the owners of such property, (ii) that the assessments and charges are correct; (iii) that the assessment and charges are substantially in proportion to the benefits conferred to the respective parcels of abutting property by the improvements in the unit in which the assessments are levied; (iv) that considering the benefits received and the burdens imposed, the assessments establish substantial justice, equality, and uniformity between the owners of the respective parcels of abutting property; (v) that each parcel of abutting property assessed is specially benefitted in the enhanced value of the improvements in a sum of money in excess of the sum for which the assessment is levied and the charge made; (vi) that the apportionment of the cost. of the improvements is in accord with city ordinances; and (vii) that the proceedings of the city for the improvements are valid III There shall be, and is hereby, levied and assessed against the parcels of abutting property described in Exhibit "A" attached and dated June, 1991, and against the owners thereof, whether named or incorrectly named, the sums of money itemized opposite the description of the respective parcels of abutting property -2- IV Where more than property described in personally liable only interest bears to the jointly owned property proportionate amount owe one person, firm or corporation owns an interest in any Exhibit "A", each person, firm, or corporation shall be for his or its assessment in the proportion that his or its total ownership interest of the property An interest in may be released from the assessment lien upon payment of the 3 V The amounts described in Exhibit "A" and assessed against the parcels of abutting property and the owners thereof, together with interest at eight percent a year, reasonable attorney's fees and costs of collection, are hereby declared (i) to be and are made a lien upon the parcels of abutting property against which they are assessed, (ii) to be and are made a personal liability and charge against the owners of the parcels of abutting property, whether such owners are correctly named, (iii) to be and constitute the first enforceable lien against the parcel of abutting property on which the assessments are levied, superior to all other liens and claims, except state, county, and school district taxes and city ad valorem taxes The assessments shall be payable on or before 30 days after the acceptance by the City of Fort Worth of the project, provided, however, an abutting property owner may elect to pay the assessment in five equal, consecutive annual installments The first installment shall be paid no later than thirty days after the acceptance by the City of Fort Worth of the project Each subsequent installment shall be paid annually on each annivesary date of the acceptance of the project In the alternative, an abutting property owner may elect to pay the assessment in 49 equal, consecutive monthly installments, the first installment to be paid no later than thirty days after the acceptance by the City of Fort Worth of the project Any owner electing to pay the assessment in installments, must execute a promissory note and mechanic's and materialman's lien contract evidencing the owner's intent to pay the assessment in accord with the terms of one of the installment alternatives If the owner elects to pay the assessment in installments under either alternative, the assessment shall bear interest from the date of acceptance of the project at the rate of eight percent per year 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 it immediately payable Any terms governing any default in the payment of any installment shall be set forth in the mechanic's and materialmen's lien contract and shall be uniform among all abutting property owners executing an installment contract In addition, the City Attorney shall have the authority to authorize terms of payment different than those specified herein when the Director of Transportation and Public Works has previously determined that an extreme financial hardship exists VI Any default in the payment of any assessment shall be enforced either (i) by the sale of the parcel of abutting property by the Assessor and Collector of Taxes of the city in the same manner provided for the sale of property for the nonpayment of ad valorem taxes, (ii) at the option of the city or its assigns by suit in any court, or (iii) as provided in the mechanic's and materialman's contract created by this ordinance The city shall exercise all powers to aid in the enforcement and collection of the assessments -3- VII The total amount assessed against and the owners thereof is in accord with improvements and assessments thereof and allowed and permitted by the law the respective parcels of abutting property the proceeding of the city relating to the is less than the proportion of the cost VIII Although charges have been fixed, levied, and assessed as stated, the City Council hereby reserves the right to reduce the assessments by allowing appropriate credits to certain property owners Even though the City Council reserves the right to issue credits, it shall not be required to issue credits, and will not do so if the credits are inequitable or discriminatory The principal amount of each assessment certificate issued by the city shall be determined by deducting any credit from the amount of the assessment IX To evidence the several sums assessed against the respective parcels of abutting property and the owners thereof, and the time and terms of payment, and to aid in their enforcement and collection, the city shall issue, upon completion and acceptance of the project, assignable certificates in the amount of the respective assessment less any credits allowed The certificates shall be executed in the name of the city by the Mayor, attested by the City Secretary, and impressed with corporate seal of the city The certificate shall be payable to the City of Fort Worth or its assigns, and shall declare the amounts, time and terms of payment, rate of interest, and the date of the completion and acceptance of the improvements abutting the parcel of property for which the certificate is issued Moreover, the certificate shall contain the name of the owner or owners, if known, and the description of the property by lot and block number, front feet, or as may otherwise identify the property Property owned in the name of an estate may be assessed in that name No error or mistake in describing any property, or in giving the name of any owner shall invalidate or impair the certificate for the assessments levied The certificate shall provide that if it is not paid promptly upon maturity, it shall be collectable, with reasonable attorney's fees and costs of collection In addition, the certificate shall provide that the amount evidenced in it shall be paid to the Assessor and Collector of Taxes of the City of Fort Worth, who shall issue a receipt as evidence of gayment The Assessor and Collector of Taxes shall deposit the sums he receives with the City Treasurer to be kept and held in a separate fund After any payment on a certificate is made to the city, the Assessor and Collector of Taxes, upon presentation of the certificate, shall endorse the certificate to show the payment If a certificate is assigned, the holder shall be entitled to receive from the City Treasurer the amount paid by presentation of the certificate endorsed and credited, and the endorsement and credit shall be the Treasurer's Warrant for making the payment The payments by the City Treasurer shall be receipted for the holder of the certificate in writing and by surrender when the principal, together with accrued interest and all costs of collection and reasonable attorney's fees, have been paid The certificate shall further recite that the proceedings for making the improvement were held in compliance with the law, and that all prerequisites for fixing the assessment lien against the property described in certificate and against personal liability of the owners have been completed The recitals shall be prima facie evidence of al] matters recited in the certificates, and no further proof shall be required in any court -4- The certificates may have coupons attached to evidence any installment or may have coupons for (i} each of the first four installments, leaving the main certificate to serve as the fifth installment coupon, (ii} or each of the first 48 installments leaving the main certificate to serve as the 49th installment coupon The coupons may be payable to the City of Fort Worth, or its assigns The certificates may be signed with the facsimile signatures of the Mayor and City Secretary The certificates shall also recite that the city shall exercise all powers to aid in the enforcement and collection of the certificate Recitals need not be in any exact form, but in substantial compliance with this ordinance X The city has power to make and levy assessments and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates XI All assessments levied are a personal liability and charge against the owners of the property described in Exhibit "A", even though the owners may not be named or may be incorrectly named Failure to make improvements in front of an abutting property that is exempt from assessment will not invalidate the lien or liability for assessments made against other abutting property XII The assessments levied are for the improvements in the particular unit upon which the respective parcels of property abut, and the assessments for the improvements in any unit are not affected by the assessments or improvements ~.n any other unit In making assessments and in holding the benefit hearing, the amounts assessed for improvements in any one unit have not been connected with the improvements or assessments for improvements in any orher unit XIII The assessments are levied under the provisions of TEX REV CIV STAT ANN art 1105b (Vernon 1964}, which statute has been adopted as an amendment to and made a part of the Charter of the City of Fort Worth XIV The City Secretary is directed to engross and enroll this ordinance by copying the caption in the Minute Book of the City Council and by filing the complete Ordinance in the appropriate Records of the City XV The ordinance shall take effect and be in full force after the date of its passage, and it is so ordained -5- s. PASSED AND APPROVED this ~~~~~~'~~day of r 19-~'-,~---- APPROVED AS TO FORM AND LEGALITY 1 City Attorney Date ---------------------------- Adopted -~-~~~~--~F--°------ Effective' -- --~/ ----- -6- EASTLAND STREET (MILLER AVENUE TO CAREY STREET) PROJECT NOo 67-040190-00 EXHIBIT A JUNE 1991 EASTLAND STREET FROM CAREY STREET Tn MILLER AVEN[JE PROJECT N0. 67-040190-00 The Assessment Paving Policy as revised November 6, 1990 (M&C G-8894), provides that property zoned and used as one- or two-family residential property in a target area will not be assessed. Under this policy the owners of the following improved property zoned and used as one and two-family residences will not be assessed. PLEASANT GLADE ADDITION Block 1, Lots 1 thru 9 WHITEHALL ADDITION Block 1, Lots 1 thru 12 Block 2, Lots 1,25,26,27,28,29 Block 4, Lots 13 thru 21 HOME ACRES ADDITION Block 1, Lots 26,27 Block 4, Lot 1A,4,5,6A,7A Block 5, Lot 1,2,5,6,7A Block 8, Lots 1A,2,3A,3B,5,6,7E EAS7WOOD ADDITION Block 1, Lot 15 Block 8, Lot 17 Block 9, Lots 17,18 Block 10, Lots 19,20 Block 11, Lots 4,5 Block 22, Lot 1 Block 23, Lots 1,28 Block 24, Lots 6,7 Block 25, Lots 1,25 CITY OF FORT WOKTfi OWNERSHIP G. J. Assabranner Survey, Abstract 7, Tract 14D: Pate Park. GENERAL NOTE A drainage easement running through Hane Acres Addition, Block 1, Lots 24 thru 26 precludes building on these sites under present conditions and these lots are therefore not being assessed. -1- PROJECT NO 67-040190-00, EASTLAND STREET, FROM MILLER AVENUE TO CAREY STREET, to be improved by constructing a seven-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 be thirty-six to forty-four feet wide on a variable width Right-Of-Way Six-inch thick concrete driveway approaches and four-inch thick concrete sidewalks will be constructed where shown on the plans Drainage structures to be installed where specified on the plans. OWNER & LEGAL DESCRIPTION ------------------------- BEGINNING AT MILLER AVENUE SOUTH SIDE 000005963842 LAWRENCE GILES ETUX MARY 3855 MILLER RD FT WORTH TX 76119 A 7 TR 22A ZONING FRONTAGE RATE ------ -------- ---- G J ASSABRANNER SURVEY ------------------------- I 168 80'PAVEMENT 47 29 168 80'CURB 2 31 675 00'SF SDWK(N) 2 41 LESS CREDIT ENHANCEMENT ADJUSTED BUSINESS, 44' WIDE STREET, NOTE (1) PATE DR INTERSECTS PLEASANT GLADE ADDITION ---------------------------- ------------------------- 000002226693 EASTLAND STREET BAPTIST CHURCH 4300 EASTLAND FT WORTH TX 76119 BLK 6 LOT 1 A 226 40'PAVEMENT 226 40'CURB 600 00'SF SDWK(N) 352 00'SF SDWK(R) 9 22 0 94 2 41 2 41 LESS CREDIT ENHANCEMENT ADJUSTED CHURCH, 40' WIDE STREET, NOTES (1)(3) G J ASSABRANNER SURVEY 000003712435 EASTLAND STREET BAPTIST CHURCH 4300 EASTLAND ST FT WORTH TX 76119 A 7 TR 28A, 28A01 20 OF TAD $20000 = $4000 A 214 00'PAVEMENT 198 00'CURB 856 00'SF SDWK(N} 214 00'DRAINAGE 18 44 1 87 2 41 27 65 LESS CREDIT ENHANCEMENT AMOUNT ASSESSMENT ------ ---------- 7982 55 389 93 1626 75 9999 23 58 49 9940 74 13400 00 2087 41 212 82 1446 00 848 32 4594 55 456 08 4138 47 18080 00 3946 16 370 26 2062 96 5917 10 12296 48 55 54 12240 94 17120 00 9940 74 4138 47 4000 00 ADJUSTED' VACANT, RESIDENTIAL UNIMPROVED, 40' WIDE STREET, NOTES (1)(4){5) -2- OWNER & LEGAL D-ESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT ------.-----------~----~-- -_---- -----~s-- ---- -~---- ---------- EDGEWOOD TERRACE INTERSECTS HOME ACRES ADDITION ---------------------------- ------------------------- 000001347675 EASTLAND STREET CHURCH OF CHRIST 349 00'FRONTAGE 3909 S EDGEWOOD TERR A 225 00'PAVEMENT 9 22 2074 50 FT WORTH TX 76119 1.98 00'CURB 0 94 186 12 BLK 1 LOT 1 2260.62 LESS CREDIT 55.84 2204.78 ENHANCEMENT 27920.00 ADJUSTED: CHURCH, 40' WIDE STREET, NOTES:(2)(3)(4)(6) FRESHFIELD RD INTERSECTS HOME ACRES ADDITION 000001348701 MIDAS INVESTMENT COR 6009 ENGLISH OAK DR E 200 00'PAVEMENT 43 20 8640 00 ARLINGTON TX 76016 184 00'CURB 2 31 425 04 BLK 4 LOTS 2A & 3A 9065 04 LESS CREDIT 127 51 8937.53 ENHANCEMENT 16000 00 ADJUSTED: VACANT, COMMERCIAL, UNIMPROVED 40' WIDE STREET, NOTES:(2)(4) VILLAGE CREEK INTERSECTS HOME ACRES ADDITION ---------------------------- ------------------------- 000001349007 MANNE RASCO 1201 HAYNES AVE E 200 00'PAVEMENT 39 09 7818 00 FT WORTH TX 76105 200 00'CURB 2 31 462 00 BLK 5 LOTS 3 & 4 101.70'SF DR APPR 3.21 326 46 8606 46 ENHANCEMENT 16000 00 VACANT, COMMERCIAL, UNIMPROVED, 36' WIDE STREET HILLDALE RD INTERSECTS HOME ACRES ADDITION ---------------------------- ------------------------- 000001350021 THELMA L GOODWIN 5604 AMMONS A 100 00'PAVEMENT 18 44 1844 00 HALTOM CITY TX 76117 84 00'CURB 1 81 152 04 BLK 8 LOT 4 171 45'SF DR APPR 3.21 550 35 20$ OF TAD $3000 = $600 2204.78 8937 53 8606 46 2546 39 ENHANCEMENT 8000 00 600.00 ADJUSTED: VACANT, RESIDENTIAL, UNIMPROVED, 36' WIDE STREET, NOTES (4)(5) -3- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT BEGINNING AT CAREY STREET -------------------- - EASTWOOD - -------- 4TH FILING ------------ ADDITION ----- ---- -- VIRGIL RD INTER 000000783889 BOBBY WEBBER P 0 BOX 344730 F 250 00' PAVEMENT 39..09 9772 50 DALLAS TX 75234 250 00' CURB 2 31 577 50 BLK 8A LOT 8A1 10350 00 ENHANCEMENT 20000.00 10350 00 VACANT, COMMERCIAL UNIMPROVED, 36' WIDE STREET - EASTWOOD -- -------- 4TH FILING ----------- ADDITION ------ ------------------------- 000000783897 EASTWOOD VILLAGE $ AMERICAN MANOR 9304 FOREST LN STE 268 N F 327 00' PAVEMENT 39 09 12782 43 DALLAS TX 75243 327.00' CURB 2 31 755.37 BLK 8A LOT 8AlA 109 45' SF DR APPR 3 21 351.33 13889 13 ENHANCEMENT 26160 00 13889 13 NURSING HOME, 36' WIDE STREET VILLAGE CREEK ROAD INTERSECTS EASTWOOD TERRACE ADDITION ---------------------------- ------------------------- 000004850831 GRACE TEMPLE SDA CHURCH PO BOX 50663 E 446 20'PAVEMENT 43 20 19275.84 FT WORTH TX 76105 398 20'CURB 2 31 919 84 BLK 14 LOT 1 20195 68 LESS CREDIT 275 95 19919 73 ENHANCEMENT 35680 00 ADJUSTED' VACANT, COMMERCIAL, UNIMPROVED 40' WIDE STREET, NOTES (2)(4) ---------- EASTWOOD -------- TERRACE ADDITION ----------------- ------------------ 000004850858 MIDAS INVESTMENT COR 6009 ENGLISH OAK DR C 583 56' PAVEMENT 43 20 25209. 79 ARLINGTON 76016 567 00' CURB 2 31 1309 77 BLK 12R LOT 1 241 20' SF DR APPR 3 21 774 25 27293 81 LESS CREDIT 1167 18 26126 63 ENHANCEMENT 46640 00 ADJUSTED: APARTMENTS, 40' WIDE STREET, NOTES'(2)(4)(7) 19919 73 26126 63 -4- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT ANGLIN DR INTERSECTS -----------------'---- - G J ASSABRANNER SURVEY ------------------------- -- --- 000003711625 FT WORTH ISD 745 00'FRONTAGE 3210 W LANCASTER E 120 00'PAVEMENT 43.20 5184 00 FT WORTH TX 76107 120 00'CURB 2 31 277 20 A 7 TRACTS 14B, 14B1, 14B2 120 00'SF SDWK(R) 2.41 289 20 5750 40 LE5S CREDIT 227 7b 5522 64 ENHANCEMENT 59600 00 5522 64 ADJUSTED PUBLIC SCHOOL, 40' WIDE STREET, NOTES (2)(8) PATE DR INTERSECTS -------------------- - - WHITEHALL ADDITION ------------------- ------ --- --- 000004713230 WOODROW GRAHAM 4205 SARITA C 90 QO'PAVEMENT 47 29 4256 10 FT WORTH TX 76109 90 00'CURB 2 31 207 90 BLK 4 LOT 22 & E PT LOT 23 360 00'5F SDWK(N) 2 41 867 60 5331 60 LESS CREDIT 31 19 5300 41 ENHANCEMENT 7200 00 5300 41 ADJUSTED VACANT, COMMERCIAL, UNIMPROVED 44' WIDE STREET, NOTE (1) - WHITEHALL ADDITION - ---------------- ------- -------------- ------------- 000004713249 - LOUIS HUB HOOKER P 0 BOX 2311 E 44 QO'PAVEMENT 47 29 4445 26 GRAND PRAIRIE TX 75051 94 00'CURB 2 31 217 14 BLK 4 LOT 24 & W PT LOT 23 559 90'SF DR APPR 3 21 1797 28 • 180 00'SF SDWK(N) 2 41 433 80 6893 48 LESS CREDIT 302 16 6591 32 ENHANCEMENT 7520 00 6591 32 ADJUSTED BUSINESS, 44' WIDE STREET, NOTES (1)(9) -5- E~ASTLAND STREET FROM CAREY STREET TO MILLER AVENUE PROJDCT N0. 67-040190--00 NOTES: (1) Miller Avenue to Edgewood Drive was previously constructed to city standards 2/5/58. Credits are applied as follows: 15$ for existing curb 15$ for existing driveway approaches (2) Edgewood Drive to Village Creek was previously constructed to city standards 5/4/65. Credits are applied as follows: 30~ for existing curb 30~ for existirxx~ driveway approaches (3) Tax-exempt places of worship are assessed at 50$ of the residential rate: $18.44 @ 50$ _ $9.22 for pavement $ 1.87 @ 50~ _ $ .94 for curb (4) Curb Inlet Credit. (5) Computed for residential vacant lots based on 20$ of appraised value. (6) Block 1, Lot 1, Herne Acres Addition: Credit 124 feet for drainage easement. (7) 81ock 12R, Lot 1, Edgewood Terrace Addition (Eastwood Terrace Apartments): 100$ credit for driveway approach constructed in 1982 (Traffic Approval no.196). (8) Abstract 7, tracts 14B, 14B1, 14B2, G. J. Assabranner Survey: Credit 625 feet for drainage easement. (9) Block 4, Lots 24 & WPT Lot 23, Whitehall Edition: Driveway approach footage includes 35 foot entrance from Miller Avenue. Per city policy, all sidewalk replacement is at 50$ Est to the property owner and 50$ cost to the city. -6- EAS'TI,AND STREET FRCM CAREY STREET TO MILLER AVFN[JE PROJECT N0. 67-040190--00 006T DISTRIBUTION A. COST Ta PROPERTY OWNERS ................................$ 126,127.84 B. COST TO THE CITY OF FORT WORTH .........................$1,200,866.16 Street Improvements .......................$1,080,230.16 Engr. Insp./Admin .........................$ 120,636.00 (10$ of Estimate $1,206,358.00) C. 'DOTAL ESTIMATED PRfJ~7ECT COST ...........................$1,326,994.00 POLICY The Assessment Paving Policy as revised November 6, 1990 (M&C G-8894) establishes three methods of determining assessments and allows for the residential rate to be applied to vacant lots as appropriate. Under this policy assessments cannot exceed: (a) The canputed rate. (b) The enhancement to the property. (c) For residential property; twenty percent (20$) of the property values as determined by the Tarrant Appraisal District. -7- MASTER FILE i ACCOUNTiN~•2 ~]~~ F/^~'jy~%. /^p'_/'.%/.. Q 7~RANSPORTATION~PUBLIC .WORKS•~ Cj/i` V U~ i V/ f~ "~vI ~'~ ~~/~~ ~NATER ADMINISY~j~F~ ~,, and ~;ou~,cil ~~ryylmunicc~ccti~~n ~~ 111~'~1 y DATE 08/20/91 REFEREN E NUMBER BH-0061 L NAME 20BHEAST PA E 1 of 1 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAUING OF EASTLAND STREET FROM MILLER AVENUE TO CAREY STREET PROJECT NO. 67-040190 RECOMMENDATION: It is recommended that the City Council adopt an ordinance that: 1. Closes the benefit hearing, and 2. Levies the assessments as proposed, and 3 Acknowledges that in each case the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Eastland Street from Miller Avenue to Carey Street. DISCUSSION: The 1986 Capital Improvement Program included funds for the improvement of Eastland Street from Miller Avenue to Carey Street. The street is in the Stop Six Target Area. The length of street between Miller and Village Creek Road has previously been constructed to City standards; the length from Village Creek to Carey Road has not Community Development Block Grant (CDBG) funds will provide a portion of the construction cost. One- and two-family residences are not assessed. Eastland Street will be constructed with standard concrete pavement. Standard driveways, sidewalks and storm drains will be built where shown on the plans. On July 16, 1991 (M&C G-9222), the City Council established August 20, 1991, as the ' s date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon Annotated Civil Statutes. An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of the estimated construction cost is: Property owners' share of cost $ 126,127.84 ( 10%) City's share of cost $1,200,866.16 ( 90%) Total cost $1,326,994.00 (100%) There are no unusual situations on this project that require special City Council consideration. The project is in Council District 5. MG:c Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT A Office by to CITY COU NCIL Mike Groomer 6140 w opted Qrdmance Noo/O 1 • Originating Department Head ~"~~ 2Q 1991 Gary Santerre 7804 from ., ~ ~ For Additional Information COntdCt City Secretary of the Gary Santerre 7804 City of For. Wozth, Texct Printed on recycled paper