HomeMy WebLinkAboutOrdinance 10743
ORDINANCE N0. / ~ / ~~
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF N. NICHOLS STREET , FROM LONG
AVE.TO N.E. 38TH STREET 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 1l~ THE CITY COUNCIL
THE RIGHT 'IC) ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT ~
THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY 'L1~
ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE
MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE
ORDINANCE TN 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:
N. NICHOLS STREET From Long Ave. to N.E. 38th Street, known and
designated as Project No. 67-040222-00, 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 be thirty feet wide on a fifty foot
Right-0f Way. Six-inch thick concrete driveway
approaches will be constructed where shown on the
plans.
-1-
WI~REAS, 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 11th day of December 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 October, 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.
-2-
N.
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 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.
~_
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
-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
which the respective parcels of property abut, and the
improvements in any unit are not affected by the assessments ar
other unit
In making assessments and in holding the benefit hearing,
for improvements in any one unit have not been connected with
assessments for improvements in any other unit
XIII
particular unit upon
assessments for the
improvements in any
the amounts assessed
the improvements or
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-
PASSED AND APPROVED this / ~ day of ~!/U 19 t'_ ( O'
APPROVED AS TO FORM AND LEGALITY
r
City Attorney
Date ----------------------------
Adapted -l ----~~ -~-~__-------
Effective; -1 -°2--- - ~, --~U-------
-6-
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N. NICHOLS STREET
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(LONG AVENUE TO N,E. 38TH STREET)
PROJECT N0. 57-040222-00
EXHIBIT A
OCTOBER 1990
PROJECT N0. 67-040222-00, N. NICHOLS STREET, PRO!! LONG AVENUE TO N.E. 38TH. STREET, 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 stabilised subgrade so that the finished
roadway will be thirty feet wide on a fifty foot width. Right-Of-Way. Six-inch thick reinforced
concrete driveway approaches will be constructed where shown on the plans.
OWNER b LEGAL DESCRIPTION
BEGINNING AT LONG AVENUE
EAST SIDE
000000991619
JAMES E 5
CLINE E GARZA
1616 TERMINAL RD
FORT WORTH TX 76106
BLR 50 LOT it
~, 20$ OF TAD APR $4000
ZONING FRONTAGE RATE
FOSTEPCO HEIGHTS ADDITION
B
50.00'PAVEMENT 18.44
50.00'CURB 1.87
AMOUNT
922.00
93.50
1015.50
ENHANCEMENT 2000.00
ASSESSMENT
804.00
ADJUSTED:, VACANT LOT
NE 34TH STREET INTERSECTS
00000098942.8
JOE H AYALA
3324 N PECAN
FT WORTH TX 76106
BLR 37 LOT5 9 & 10
~, 20$ OF TAD APR $8000
B
FOSTEPCO HEIGHTS ADDITION
100.00'PAVEMENT 18.44 1844.00
100.00'CURB 1.87 187.00
2031.00
ENHANCEMENfi 4000.00
ADJUSTED:, VACANT LOTS
000000989401
MERVIN C ROGERS
3510 N NICHOLS
FT WORTH TX 76106
BLK 37 LOT 8
~, 20$ OF TAD APR $3000
B
FOSTEPCO HEIGHTS ADDITION
50.00'PAVEMENT
50.00'CURB
18.44 922.00
1.8? 93.50
1015.50
ENHANCEMENT 2000.00
1600 00
600.00
ADJUSTED:, VACANT LOT
-1-
OWNER 6 LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NE 35TH STREET INTERSECTS FO$TEPCO HEIGHTS ADDITION
000000987557
GERARDO ETUX
MARRA GONZALEZ
3622 N NICHOLS B 50.00'PAVEMENT 18.44 922.00
FT NORTH TX 76106 50.00'CURB 1.87 93.50
BLK 24 LOT 2
~, 20$ OF TAD APR $4000
1015.50
ENHANCEMENT 2000.00
800.00
ADJUSTED.#, VACANT LOT
NE 36TH STREET INTERSECTS
000000986178
DEGATUR AVENUE
BAPTIST CHURCH
3715 DECATUR AVE
FT WORTH TX 76106
BLR 12 LOT 6 & 7
~, 20$ OF TAD APR $8000
FOSTEPCO HEIGHTS ADDITION
B
100.00'PAVEMENT
100.00'CURB
18.44 1844.00
1.87 187.00
2031.00
ENHANCEMENT 4000.00
1600.00
ADJUSTED:, VACANT LOTS
000005938015
MANUAL ETUX GONZALES
3718 N_NICHOLS
FT WORTH TX 76106
BLR 12 LQT 4 & 5
#, 20$ OF TAD APR $6000
FOSTEPCO HEIGHTS ADDITION
100.00'PAV.EMENT 18.44 1844.00
100.00'CURB 1.87 187.00
8
2031.00
ENHANCEMENT 4000.40
1200.00
ADJUSTED:, VACANT LOTS
000000986143
E T MCNAIR
3722 N NICHOLS
FT WORTH TX 76106
BLR 12 LOT 2
~, 20$ OF TAD APR $4000
FOSTEPCO HEIGHTS ADDITION
B
50.00'PAVEMENT
50.00'CURB
18.44 922.00
1..87 93.50
1015.50
ENHANCEMENT 2000.00
800.00
ADJUSTED', VACANT LOT
2-
OWNER 6 LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NE 37TH.. STREET INTERSECTS FOSTEPCO HEIGHTS ADDITION
000000984507
ELIZABETH LARGENT
2806 N NICHOLS 8 50.00'PAVEMENT 18.44 922.00
FT WORTH TX 76106 50.00'CURB 1.87 93.50
BLR I LOT 8
~, 20$ OF TAD APR $3000
1015.50
ENHANCEMENT 2000.00
600.00
ADJUSTED:#, VACANT LOT
000000984477
J G ETUX
PAULINE H RENNEY
4321 WREN HAVEN DR
FT WORTH TX 76135
BLR I LOT 4
~. 20$ OF TAD APR $3000
FOSTEPCO HEIGHTS ADDITION
50.00'PAVEMENT 18.44 922.00
50.00'CURB 1.87 93.50
B
1015.50
ENHANCEMENT 2000.00
600.00
ADJUSTED:, VACANT LOT
000000984450
RICHARD ETUX
LUCY JOHNSON
2819 NW 30TH
FT WORTH TX 76106
BLR 1 LOT 2
~, 20$ OF TAD APR $4000
FOSTEPCO HEIGHTS ADDITION
50.00'PAVEMENT 18.44 922.00
50.00'CURB 1.87 93.50
B
1015.50
ENHANCEMENT 2000.00
800.00
ADJUSTED:; VACANT LOT
NE 38TH STREET INTERSECTS
WEST SIDE
000000984825
CHARLES M FOSTER TR
360 PEYTONVILLE AVE
SOUTHLARE TX 76092
BLR 2 LOT 18
#, 20$ OF TAD APR $4000
FOSTEPCO HEIGHTS ADDITION
-------------------------
B
50.00'PAVEMENT
50.00'CURB
18.44 922.00
1.87 93.50
101.5.50
ENHANCEMENT 2000.00
800.00
ADJUSTED:, VACANT LOT
-3-
OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
FOSTEPCO HEIGHTS ADDITION
000000984787
PABLO ETUX
AELA LUZ MARTINEZ
3801 N NICHOLS B 50.00'PAVEMENT 18.44 922.00
FT WORTH TX 76106 50.00'CURB 1.87 93.50
BLR 2 LOT 14
~, 20$ OF TAD APR $3000
1015.50
ENHANCEMENT 2000.00
600 ..00
ADJUSTED:, VACANT LOT
NE 37TH STREET INTERSECTS
000000986461
FANNIE LOUISE
BINION
620 E MUSTANG
CROWLEY TX 76036
BLR 13 LOT 23
#, 20$ OF TAD APR $3000
FOSTEPCO HEIGHTS ADDITION
50.00'PAVEMENT 18.44 922.00
50.00'CURB 1.87 93.50
B
1015.50
ENHANCEMENT 2000.00
600.00
ADJUSTED:#, VACANT LOT
000000986410
E R MCNAIR
3709 N NICHOLS
FT WORTH TX 76106
BLR 13 LOT 18
~, 20$ OF TAD APR $4000
FOSTEPCO HEIGHTS ADDITION
50.00'PAVEMENT 18.44 922.00
50.00'CURB 1.87 93.50
B
1015.50
ENHANCEMENT 2000.00
soo.oo
ADJUSTED:#, VACANT LOT
NE 36TH STREET INTERSECTS
000004668626
SHIRLEX VAN SAGESE
3619 N NICHOLS
FT WORTH 'TX 76106
BLR 25 LOT 21
#, 20$ OF TAD APR $3000
FOSTEPCO HEIGHTS ADDITION
B
50.00'PAVEMENT
50.00'CURB
18..44 922.00
1.87 93.50
1015.50
ENHANCEMENT 2000.00
600.00
ADJUSTED:#, VACANT LOT
- 4-
OWNER b LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NE 35TH STREET INTERSECTS
---------------------------- FOSTEPCO HEIGHTS
-
-
-
--- ADDITION
---------
000000989800 -
-----
----
GLENDUL ETUX
CONNIE RRAMM
3523 N NICHLOS B 50.00'PAVEMENT 18.44 922.00
FT WORTH TX 76106 50.00'CURB 1.87 93.50
BLR 38 LOT 23
#, 20$ OF TAD APR $4000
1015.50
ENHANCEMENT 2000.00
800.00
ADJUSTED'#, VACANT LOT
-------------------
--------- FOSTEPCO HEIGHTS
- ADDITION
000000989789 --------------- ---------
CORA MAE FRANKLIN
3519 N NICHOLS B 50.00'PAVEMENT 18.44 922.00
FT WORTH TX 76106 50.00'CURB 1.87 93.50
BLK 38 LOT 21
#, 20$ OF TAD APR $4000
1015.50
ENHANCEMENT 2000.00
800.00
ADJUSTED #, VACANT LOT
--------------=----
--------- FOSTEPCO HEIGHTS
-- ADDITION
000000989738 --------------- --------
TEMPLO EMANUEL CHUR C H
3507 N NICHOLS ST B 150 00'PAVEMENT 9.22 1383.00
FORT WORTH TX 76106 150.00'CURB •94 141.00
BLR 38 LOTS 15, 16, & 17 163.70'SF DR APPR 3.75 613.88
2137.88
ENHANCEMENT 6000.00
2137.88
ADJUSTED:CHURCH E~2PT
NE 34TH STREET INTERSECTS
------------------------ FOSTEPCO HEIGHTS ADDITION
----
000005677335 -------------------------
ROBERT A ETUX
LYDIA SALGADO
3411 H NICHOLS B 50.00'PAVEMENT 18.44 922.00
FT WORTH TX 76106 50.00'CURB 1.87 93.50
BLR 51 LOT 20
#, 20$ OF TAD APR $4000
1015.50
ENHANCEMENT 2000.00
800.00
ADJUSTED'#, VACANT LOT
-5-
OWNER b LEGAL DESCRIPTION ZONING FRONTAGE RATE
• FOSTEPCO HEIGHTS ADDITION
000000991856
VICTOR H ETUX
ANITA SULLIVAN
3411 N NICHOLS ST B 50.00'PAVEMEHT 18.44
FORT WORTH TX 76106 50.00'CURB 1.87
BLR 51 LOT 18
#, 20$ OF TAD APR $4000
ADJUSTED:#, VACANT LOT
00.0000991848
TOM M FULPS
4404 REETER
FT WORTH TX 76180
BLR 51 LOT 17
#, 20$ OF TAD APR $4000
ADJUSTED:#, VACANT LOT
000000991791
CIRILA AYALA
$PEDRO HERRERA
703 E LONG AVE
FT NORTH TX 76106
BLR 51 LOT 13
#, 20$ OF TAD APR $4000
ADJUSTED:*, #, VACANT LOT
AMOIINT
922.00
93.50
1015.50
ENHANCEMENT 2000.00
FOSTEPCO HEIGHTS ADDITION
B 50.00'PAVEMENT 18.44 922.00
50.00'CURB 1.8? 93.50
1015.50
ENHANCEMENT 2000.00
FOSTEPCO HEIGHTS ADDITION
B 50.00'PAVEMENT 18.44 922.00
34.00'CURB 1.87 63.58
985.58
ENHANCEMENT 2000.00
ASSESSMENT
800.00
800.00
800.00
-6-
•. 11ICHOLB STREET, FROM LoQG AVSHQB !o lr.B. 38TH sTREET
PROJECT 110. 67-040222-00
The Assessment Paving Policy provides that. property soned and used as one or
two-family residential property is target areas Will not be assessed for Kew
Construction. Onder this policy, the owners of the following improved property coned
and used as one and two-family residences will not be aaseased.
!'OSTPECO HEIGHTS ADDITI011
Block 1 Lots 1, 3, 5, 6, 7, 9, 10, 11, 12
Block 2 Lots 13, 15, 16, 17, 19, 20, 21, 22, 23, 24
Block 12 Lots 1, 3, 8, 9, 10, 11, 12
Block 13 Lots 13, 14, 15, 16, 17, 19, 20, 21, 22, 24
Block 24 Lots 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12
Block 25 Lots 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24
Block 37 Lots 1, 2, 3, 4, 5, 6, 7, 11, 12
Block 38 Lots 13, 14, 18, 19, 20, 22, 24
Block 50 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12
Block 51 Lots 14, 15, 16, 19, 21, 22, 23, 24
EIID
* Curb Inlet Credit
# Represents assessment amount being 20$ of the TAD Appraisal and is the lesser
amount between;
A. Computed Assessments
B. Enhancement
C. TAD Appraisal
Per Policy, TAX Exempt Places of ilorship are assessed at"50$ of the Residential Rate,
(50$ x $18.4 4= $9.22 for pavement} and (50$ of $1.87 = 5:. 94 for curb}.
-7-
NICHOLS STREET; PROJECT N0. 67-040222-00
COST DISTRIBOTION
A. COST TO PROPERTY OWNERS ................ .. ....5 19,737.88
B COST TO THE CITY OF FORT WORTH....... .. ....... ..$ 394,962.12
Street Improvements .............$ 357,262.12
Engr Insp./Admin .. $ 37,700.00
(10$ of Estimate $377,000.00)
C TOTAL ESTIMATED PROJECT COST........ .. .. ........$ 414,700.00
-8-
fit y of ' 1Fo~t ~o~°th, ~"~.~~~
~r~ Mayor a~.cl ~ou,~a~a,l ~om~aun.~.cat~.o~s,
DATE REFERENCE SUBJECT BENEFIT HEARING FOR THE ASSESS- PACE
NUMBER MENT PAVING OF N. NICHOLS STREET FROM 2
12-11-90 BH-0039 LONG AVENUE TO N.E. 38TH STREET (PRO- 1°r
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance closing the
benefit hearing and levying assessments 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 N. Nichols
Street from Long Avenue to N.E. 38th Street.
DISCUSSION:
The 1986 Capital Improvement Program approved in March 1986, included
funds for the improvement of N. Nichols Street from Long Avenue to N.E.
38th Street. The existing street consists of standard HMAC pavement with
some curb and gutter. It is located in the Diamond Hill Target Area, and
Community Development Block Grant (CDBG) funds will finance a portion of
the cost.
On October 30, 1990 (M&C G-8877), the City Council established December
11, 1990, as the date of the benefit hearing. Notices have been given in
accordance with Article 1105b, Vernon's Annotated Civil Statutes.
The project is located in Council District 2.
PROPOSED IMPROVEMENTS:
It is proposed to improve this segment of N. Nichols Street by
a standard concrete pavement with standard curb on a stabilized subgrade.
The finished roadway will be thirty feet wide on a fifty foot
right-of-way. Standard driveway approaches will be constructed where
shown on the plans.
ASSESSMENTS:
This street has not previously been constructed to City standards and is
located in a CDBG Target Area; therefore, in accordance with the
Assessment Paving Policy, properties zoned and used for one- and
two-family residences are not being assessed.
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 City Engineer's estimate
and 'the advice of the independent appraiser, the cost of the construction
has been computed at $19,737.88 (5%) for the property owners and
$394,962.12 (95%) for the City of Fort Worth at large.
DATE REFERENCE
NUMBER SUBJECT BENEFIT HEARING FOR THE ASSESS- PAGE
MENT PAVING OF N. NICHOLS
STREET FROM 2
2
12-11-90~ BH-0039 . of
JECT N0. 67-040222)
The independent appraisal substantiates that, as a result of the proposed
construction, each parcel of adjacent property will be enhanced in value
by in amount equal to or greater than the proposed assessment.
UNUSUAL SITUATIONS:
Lots 6 and 7, Block 12, Fostepco Heights Addition, are owned by the
Decatur Avenue Baptist Church. These vacant lots have not been granted
tax exemption as a place of worship; therefore, they are being assessed
at the full residential rate.
MG:o
20BHNICH
APPROVED ~y
G~TY GOUNGIL
DEG ~, 1990
~~~~
City Secretazy of the
City of Font Vi7orth, Texp1
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BV Mike Groomer
6122
DISPOSITION BY COUNCIL:
^ APPROVED
PROCESSED BY
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD• Gary Santerre O
7000
CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Martha Lunday
8063
/
Adopted Ordinance No•
DATE