HomeMy WebLinkAboutOrdinance 10505~.
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ORDINANCE NO
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AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF BRXANT IRVIN ROAD NORTH FROM
CAMP BOWIE BOULEVARD TO FIFTY-FOUR FEET SOUTH OF CALMONT AVENUE, AND
PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE
CTTY OF FORT WORTH, TEXAS, FIXING CHARGES AND LIENS AGAINST
ABUTTING PROPERTY THEREON, AND AGATNST THE OWNERS THEREOF;
PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF
ASSIGNABLE CERTIFICATES, RESERVING TO THE CTTY COUNCIL THE RIGHT TO
ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT
OF ANY CREDIT GRANTED, DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE
CITY COUNCTL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE
ORDINANCE RECORDS OF THE CTTY, AND PROVIDTNG AN EFFECTIVE DATE
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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
BRXANT IRVIN ROAD NORTH
From Camp Bowie Boulevard to Fifty-Four Feet
South of Calmont Avenue, known and designated as
Project No 67-023188-00, 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 lime
stabilized subgrade so that the finished
roadway will be forty-four feet wide on a
sixty foot width Right-of-Way Six-inch thick
concrete driveway approaches and four-inch thick
concrete sidewalks will be constructed where
shown on the plans
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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 the Plans
and Specifications previously approved.
WHEREAS, funds have been allocated for the improvements and a contract has been
executed with J L Bertram Construction & Enaineerina, Inc., for constructing the
improvements on the referenced streets, avenues, and public places.
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 30th day of January, 1990 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 January, 1990, 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
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IV.
Where more than one person, firm or corporation owns an interest in any
property described in Exhibit "A", each person, firm, or corporation shall be
personally liable only for his or its assessment in the proportion that his or its
interest bears to the total ownership interest of the property. An interest in
jointly owned property may be released from the assessment lien upon payment of the
proportionate amount owed.
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 Fart 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
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VII
The total amount assessed against the respective parcels of abutting property
and the owners thereof is in accord with the proceeding of the city relating to the
improvements and assessments thereof and is less than the proportion of the cost
allowed and permitted by the law
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 payment. 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 all matters recited in the certificates, and no further proof shall
be required in any court.
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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 in 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 1i05b (Vernon 1964), which statute has been adogted 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
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PASSED AND APPROVED this day of 19 / D
APPROVED AS TO FORM AND LEGALITY:
I~
City Attorney
Date:----------------------------
Adopted - -- - --~D ~~~~
Effective:-----/'~D-~~ --
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BRYANT IRVIN+,ROAD NORTH
(CAMP BOWIE BOULEVARD TO CALMONT)
PROJECT N0. 67-023188-00
EX~TIBI'r A
JAN[JARY 1990
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~~ROJECT l10. 57-023188-00, BRYANT IRVIN ROAD lIORTH, CAMP BOWIE BOQLEVARD TO FIFTY FOUR FEET
SQUTH OF CALMONT AVENUE, to be improved by constructing a seven-inch thick reinforced concrete
,~navement vith a aeven-inch high attached concrete on a aix-inch thick lime stbilized subgrade
Aso that the finished roadway Will be forty-four feet wide on a sixty foot wide Right-Of-Way.
Four-inch thick -concrete sidewalks and six-inch thick concrete driveway approaches will be
constructed where shown on the plans.
OWNER ~ LEGAL DESCRIFTION
BEGINNING AT CAMP BOWIE
EAST SIDE
000000469742
$ FOODMARER INC
FOODMARER INC #761
P 0 BOX ?83
SAN DIEGO CA 92112
BLR S1 LOT 19
BONING FRONTAGE RATE AMOUNT
CHAMBERLAIN ARLINGTON HEIGHTS
F
120.00'PAVEMENT 54.51
120.00'CURB 2.78
480.00'SF SDWK (R) 1.71
Less Credit
APPRAISAL
6541.20
333.60
820.80
695.60
3Sfs4.00
3838- 1~Q
3600.00
ASSESSMENT
3600.00
ADJUSTED:**, BUSINESS
CURZON INTERSECTS
000000469467
YELDA BATTAT
3512 PARKRIDGE BLVD
FT WORTH TX 76109
BLR 33 LOT 21
F
CHAMBERLAIN ARLINGTON HEIGHTS
125.00'PAVEl~ENT 54.51
109,00'CURB 2.78
500.00'SF SDWK (R) 1.71
6813.75
303.02
855.00
79
4019.53
3952.24
Less Credit
APPRAISAL
ADJUSTED:*, **, BUSINESS
000000459459
BOBBY Q LAMER
5929 LOYELL E
FT WORTH TX 76107
SLR 33 LOT 20
3750.00
CHAMBERLAIN ARLINGTON HEIGHTS
126.00'PAVEMENT Sl.S1
126.00'CURB 2.78
312.00'SF SDWR (R) 1.71
6868.26
350.28
533.52
7752. 6
3913.50
Less Credit
3838.56
APPRAISAL 3780.00
ADJUSTED:**, CLINIC
3750.00
3780.00
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OFl18ER & LEGAL DESCRIPTION BONING FRONTAGE RATE AMOUNT
J,dVELL AVENUE INTERSECTS CHAMBERLAIN ARLINGTON HEIGHTS
000000469122
ANGELA RING TRUST
R R TR MAULSBY
3500 MARQUITA E 126.00'PAVEMENT 54.51 6868
26
FT WORTH TX 76116 110.00'CURB 2.78 .
BLR 29 LOT 21
504.00'SF SDNR tN)
1.71 305.$0
861.84
80 0
Less Credit 3618.46
44
APPRAISAL 3780.00
ADJUSTED:*, **, VACANT LOT
CHAMBERLAIN ARLINGTON HEIGHTS
000000469114 - - ----- ----
IMOGENE W PURDUE
6450 RIRRWOOD RD B 456.00'SF SDWR (N) 1.71 779.76
FT WORTH TX 76116
BLK 29 LOT 20
APPRAISAL -p-
RESIDENCE
000000468525
LINDA SUE BARGAS
5940 LOCRE
FT WORTH TX 76107
BLK 19 LOT 21
CHAMBERLAIN ARLINGTON HEIGHTS
B 496.00'SF SDWR (N) 1.71
848.16
APPRAISAL
RESIDENCE
000000468517
RESIDENTIAL PARTNERS
$ HANOVER PROP INC
4043 TRINITY MILLS
DALLAS TX 75256
BLR 19 LOT 20
CHAMBERLAIN ARLINGTON HEIGHTS
B 412.00'SF SDWR (N) 1.71
APPRAISAL
RESIDENCE
-0-
704.52
-0-
ASSESSMENT
3780,00
-0-
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2-
3
OWNER b LEGAL DESCRIPTION ZONING
0.
000000468193
CALMONT CORP
P 0 BOX 470099 B
FT WORTH TX 76147
BLR 2 LOT 21
- RESIDENCE
MALVEy STREET INTERSECTS
000000468177
CALMONT CORP
P 0 BOX 470099 C
FT WORTH TX 76147
BLR 20 LOT 2
FRONTAGE RATE AMOUNT
CHAMBERLA]N ARLINGTON HEIGHTS
380.00'SP' SDWR (N) 1.71 549.80
APPRAISAL -0-
CHAMBERLAIN ARLIIGTON HEIGHTS
126.00' ADJUSTED
71.00' PAVEMENT 54.51 3$70.21
71.00' CUFtB 2.78 197.38
240.00' SF SDWR (N) 1.71 410.40
93.95' SF DR APPR 3.21 301.58
4779.57
Less Credit 2235.35
2544.22
APPRAISAL 3780.00
•ASSESSMENT
-0-
2544.22
ADJUSTED:**, ~~, RESIDENCE
WEST SIDE OF STREET
000004959884
RIDGLEA BAPTIST
CHURCH
6037 CALMOIVT B
FT WORTH TX 76116
BLR 3 LOTS 1
CHAMBERLAIN ARLINGTON HEIGHTS
126.00'ADJIISTED
71.00'PAV]':MENT 54.51 3870.21
71.00'CUR]; 2.78 197.38
188.00'SF SDWR (R) 1.7i 321.48
194.70'SF IIR APPR 3.21 624.99
50 0
Less Credit 2591.48
24_
APPRAISAL 3780.00
2422.58
ADJUSTED:**, #~, CHURCH
WEST SIDE
000000468304
EQUITY INVEST LTD I
3505 CAMINO DEL RIO B
SAN DIEGO CA 92108
BLR 3 LOT 40
RESIDENCE
CHAMBERLAIN .ARLINGTON HEIGHTS
101.70'SF DlR APPR (N) 3.21
APPRAISAL
3-
326.46
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_
,;,
GW~ER 4 LEGAL DESCRIPTION ZONING FRONTAGE RATE A!lOUNT ASSESSMENT
CHAMBERLAIN ARLINGTON HEIGHTS
000b00469688
BILLY G WOOD
2501 RIDGMAR PLAZA E 125.00'PA'VEMENT 54.51 6813
75
FORT WORTH TX 76116 109.00'CUIRB 2
~8 .
BLR 34 LOT 40 • 303.02
7116.77
Less Credit 3589.53
5~. 24
4
1PPRAISAL
3750.00
ADJUSTED:**
CLINIC
3527.24
,
CHAMBERLAIpf ARLINGTON HEIGHTS
000000469696
ALICE J DESANDERS
11501 E NORTHWEST HWY F 160.00'PAVEMENT 54.51 8721.60
DALLAS TEX 75218 160.00'CURB 2.78 444.80
BLR 49 LOT 1 800.00'SF ~SDWR iR) 1.71 1368.00
1053 .40
less Credit 5316..80
z~'i7:6o
APPRAISAL 4$00.00
.ADJUSTED:**, VACANT LOT 4800.00
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LEGEND:
Curb Inlet Credit
** The Assessment Paving Policy provides for:
A. City cost sharing Hof 50$ for sidewalk replacement:
$1.71 X 50~ = 5.86/S.F.
B. Existing life of HMAC Pavement credit 50$.
44' Wide $54.51 X~50~ = 527.26/L.F.
C. Existing life of concrete curb credit 60$;
$2.78 X 60~ _ $1.67/L.F
D. Existing life of concrete driveway approaches
(constructed to City standards), credit 60$;
$3.21 X 60~ _ $1.93/S.F.
S# Adjusted for Project limits
NOTE:
'THE STREET WAS RECONSTROC~TED IN 1969.
(N) NEW SIDEWALK
(R) REPLACEMENT SIDEWALK:
=5-
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t !>se ~ssessaent taviaQ tolict as serfs iul~ 26, 1l87 (ltiC ti-~1b0j, lrorid:s
`, tbat propertj soned aad aced u oae or l~ro-lamilT residential property rill aot
be use:sed !or street recoastractioa (eESaegt !or aissfnQ anrD, yntter, drirevay
approtobes and afderalks, if added). Oader tais policT', t1~e owners of tde
iollariaQ iaiprored progert! soned and osed u aa~e aad tro-~aoil= resideaces rill
sot be uaessed.
CHAI`'~EItIAIti Alt1.INC"T~1 AEIC~3T5 ADlD
BLOCK 18, IAT 1 & 40
BLOCK 28 , IArT 1 & 40
BLOCY, 34 , I~7T 1
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BRYANT IRVIN ROAD NORTH, PROJECT N0. ;67-023188-00
(CAMP BONIE BOULEVARD TO FIFTY-FOUR FEET SOUTH OF CALMONT AVEIiUE)
COST DISTRIBUTION:
A. Property Owner By Assessment....,, .............. $ 28,204.04
B. Fort Worth City ..... ............,... .........$ 274,487.97
B.1 Construction .................$ 260,074.06
B.2 Engr. Insp./Admin... .. .....$ 14,413.91
(5$ of bid $ 288,278.10)
C. Total Estimated Project Cost ................... $ 302,692.01
-7-
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N~tER
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w N~cr;~Yr~n+ REFERENCE su6.-ECr; BENEFIT HEARING FOR THE PAGE
NUMBER ASSE',SSMENT PAVING OF BRYANT IRVIN 2
~J 1-30-90 6-8432 ROAD N. FROM .CAMP BOWIE BOULEVARD '°' -_~_-_
TO F:[FTY-FOUR FEET SOUTH OF CACMONT
AVENIJE (PROJECT N0. 67-023188-00)
RECOMMENDAT,ION•
It is recommended that the City Council adopt an ordinance closing the
benefit `hearing and levying assessnhents as proposed, acknowledging that in
each case the abutting property is specially benefited in enhanced value in
excess of the amount assessed for the improvement of Bryant Irvin Road N.
from Camp Bowie Boulevard to fifty-four feet south of Calmont Avenue.
DISCUSSION.
The 1986 Capital Improvement Program approved in March, 1986, included funds
for the improvement of Bryant Irvin Road N. (formerly Guilford Road) from
Camp Bowie Boulevard to I-30.
Calmont Street is the frontage road for I-30. The State Department of
Highways and Public Transportation recently improved I-30 and reconstructed
the fifty-four feet of Bryant Irvin Road south of Calmont Avenue as part of
its project.
On January 2, 1990 (M&C C-18085), the City Council awarded the construction
contract for this project and established January 30, 1990, as the date of
the benefit hearing. Notices have been given in accordance with Article
1105b, Vernon's Annotated Civil Stai;utes.
The project i s ~,1 ocat.ed'"'along the boundary of Counci 1 Distri ct 3 and 7.
~`:} arir2 y.~.~
PROPOSED IMPROV~EPIENTS: ` ' '
It i s proposged t.o; %m,prove thi s~ segment of Bryant Irvi n Road N. by
constructing seven-inch thick reinfcyrced concrete pavement with seven-inch
high attached concrete.,fcurb on a six-inch thick lime stabilized subgrade so
that the finished ,road.w`ay wi 11 bE~ forty-four feet wide on a s i xty-foot
right-of-way.w:Six-nch~tiiick concrete driveway approaches and four-inch thick
concrete sidewalks will be constructed where shown on the plans.
,r•
ASSESSMENTS•
This street has previously been constructed to City standards, therefore, in
accordance with the Assessment Paving Policy, properties zoned and used for
one- and two-family residences are being assessed only for new sidewalks and
for new driveway approaches which were not to City standards.
.,
DATE REFERENCE
NUMBER SUBJECT gENEFII' HEARING FOR THE PAGE
1-30-90 6-8432 ASSESSMENT PP~VING OF BRYANT IRVIN f
ti
2
2
ROAD N FROM-CAM E B E o
_ __
,
- •
TO FIFTY-FOUR; FEET SOUTH OF CALMONT ~•~~.~,r }~_~'•
AVENUE (PROJE;CT N0. 67-023188-00)
M Q' p, Y
An independent appraiser has advised the staff as to the amount of
enhancement to property values that will result from the proposed
improvements. Based on standard City policy, the low bid prices, and the
advice of the independent appraiser, the cost of the construction has been
computed at $28,204.04 (9%) for the property owners and $274,487.97 (91%)
for the City of F.ort;Worth at large.
ra
The independent appraisal substantiates that, as a result of the proposed
construction, each parcel of adjacent property wi 11 be enhanced i n value by
an amount equal to or greater than the proposed assessment.
WWW:d
APPROVED BY
CITY COUNCIL
~ AN 30 199Q
l~t~.4~~~~L,,,
city see=et~y of tha
City of Fort Wortlk Taxa/
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BV Wi 11 i am Wood
DISPOSITION BY COUNCIL:
^ APPROVED
PROCESSED BY
ORIGINATING ^ OTHER (DESCRIBE)
^
DEPARTMENT HEAD• Gary Sd11t@rre CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Martha Lunday 8063
DATE
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