HomeMy WebLinkAboutOrdinance 10775ORDINANCE NO. ~~-~~
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF MISSOURI AVENUE, FROM MADDOX
AVENUE TO MAGNOLIA 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 1l~ 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 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:
MISSOURI AVENUE from Maddox Avenue to Magnolia Avenue , known and
designated as Project No. 67-040219-00, 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 twenty-eight feet wide on a
forty-five foot width Right-Of--Way. Six-inch
thick reinforced concrete driveway approaches
and four-inch thick concrete sidewalks will be
constructed where shown on the plans.
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 29th day of JANUARY 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 ar_e
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 December, 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
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
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 far 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
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 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 ocher 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
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PASSED AND APPROVED this ~ day of 19~~
APPROVED AS TO FORM AND LEGALITY
City Attorney
Date ----------------------------
_ ~~~ ~ ~~
Adopted - ----- -------
1-~~- ~,~
Effective - ------------- -------
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EXHIBIT A
DECEIVER 1990
i
2 0 6 5 4 3 2 S P 28 27 26 25 24 23 22
y 3
19 20 M GN 23 24 4 5 6 7 8 9 10 ii
MAGNOLIA AVE.
', 22 i i 20
21 2 2 19
20 3 3 !8
i9 4 4 i7
i8 5 5 16 F
i7 6 8 15
16 7
i5 8 7 !a
i4 9 8 i3
!3 !0 9 12
12 M PHY io i i
.4J MORPHY STREET
20 a W i 20
.~. 19 ~ 2 19
'0 18 9 Q Q N 9 18
-~~. !7 4 W ~ 4 i7
i6 5 ~ 5 16u
15 6 `~ 6 15 C
14 7 7 14
13 g 8 13
9 12
s iMY LEio io
MYRTLE STREET
i 28 27 26 25 24 23 22
2
3
5 6 7 8 9 10 ii
° A E.
MADDOX STREET
~t It1 RO f~ m 01 O .+ N 1tN'! tt 1~C1 ~ It^Y ~ Y~9 ~ IG
IIQ It !!~ 17 IAA IQA t~tf 1~ 1~C3 ~ ~ ~ to In O YY ~ If')
MISSOURI AVENUE
(MADDOX AVENUE TO MAGNOLIA AVENUE)
PROJECT N0. 67-040219-00
PROr1ECT N0. 67-040219-00, MIS50URT AVENUE, FROM MADDOX AVENUE TO MAGNOLIA AVENUE, to be
imgroved 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 twenty-eight feet wide on a forty-five foot width Right-of-Way. Six-inch thick
reinforced concrete driveway a pproaches and four-inch thick concrete sidewalks will be
constructed where shown on the pl ans
OfiNER S LEGAL DESCRIPTION ZONING
------------------------- ------ FRONTAGE RATE
-------- --- AMOUNT
-
- ASSESSMENT
BEGINNING AT MADDO% AVENUE -
CREENWOOD SUB #2 EVANS S -
--
- ----------
EAST SIDE
000001136747
BILLY D GRAVES
6800 SUNNYBROOR DR E 77.00'PAVEMENT 18.44 1419.88
FT fiORTH T% 96137 77.00'CURB 1.87 143.99
BLR 1 LOTS 11 6 50.27' OF 308.00 SP SDfiR(R) 2.58 825.44
LOT 12
#, 20$ OF 52500. = 5500.
2389.31
LESS CREDIT 412.72
1976.59
ENHANCEMENT 3000.00
500.00
#,VACANT LOT, UNIMPROVED _
GREENWOOD SUB #2 EVANS S
000001136755
BILLY D CRAVES
6800 SONNYBROOR DR B 53.00'PAYEMENT 18.44 977.32
FT WORTS T% 76137 53.00'CURB 1.87 99.11
BLR 1 LOT 13 6 13' OF 212.00 SF 5DRR(N) 2.68 568.16
LOT 12
#, 20$ OF 52000. = 5400.
1644.59
ENHANCEMENT 1600.00
. 400.00
#, VACANT LOT, UNIMPROVED
-------------------
-
-- GREENWOOD SUB #2 EVANS 8
-------------------------
-
--
---
000001136771
HARMON N COLLEY
P 0 BOX 1282 B 40.00'PAVEMENT 18.44 739.60
ARTESIA NM 88210 40.00'CURB 1.87 94.80
BLR 1 LOT 1S 160.00 SF SDWR(R) 2.68 428.80
#, 20i OF 52000. = 5400.
1241.20
LESS CREDIT ?14.40
1026.80
ENHAlICEMENT 1600.00
400.00
#,VACANT LOT, UNIMPROVED
- 1-
OWNER 6 LEGAL DESCRIFTION ZONING FRONTAGE RRTE AMOUNT ASSESSMENT
J C RYAN SUBDIVISION
000002583275
CURFEW SMITH
1325 1/2 8 JENNINGS AVE B 56.30'PAVE!lENT 18.44 1038.17
FT NORTH ?X 76104 56.30'CURB 1.87 105.28
BLh 1 LUT 1`~ 225.20 SF SDWK(R) 2.68 603.54
#, 20~ OP 52000. = 5400.
1746.99
LESS CREDIT 301.77
1445.22
SNHANCEMENT 2252.00
400.00
#, VACANT LOT, UNIMPROVED
!lORPHY STREET INTERSECTS J C RYA!( St1BDIYISION
000004667514
SYLVESTER HUNT ESTATE
5305 NANSEL LN B 33.70'PAVEMENT 18.44 621.43
FT WORTH TX 76134 33.?0'CORB 1.87 63.02
BLR 1 LOT 17 134.80 SP SWDK(N) 2.68 361.26
#, 20~t OF S2000. = 5400.
1045.71
ENHANCEMENT 1320.00
400.00
#,VACANT LOT, UNIMPROVED
J C RYAN SUBDIVISION
000002583305
RANDY REEDER
8 G TR ETAL
2141 PEMBROKE DR B 73.30'PAVEMENT 33.85 2481.21
FORT WORTH TX 76110 46.00'CURB 3.35 155.11
BLR 1 LOT 19 6 20 249.20 SF SDWR(N) 2.68 667.86
93.95 SF DR APPR 3.75 352.31
#, 20t OF 530,215. = 56043.
3693.34
ENHANCEMEN? 2920.00
2920.00
1lDJUSTED:*, BOSINESS(CAR iiASH),NON CONFORMING TO ZONING
J C RYAN SUBDIVISION
000004327896
BEATRICE CILLIAM
PO SOX 275 B 40.00'PAYEMENT 18.44 737.60
ATLANTA GA 30301 40.00'CURB 1.87 74.80
SL1~ 1 LOT 21 160.00 SF SDWR(N) 2.68 428.80
#, 20i OF 52000. = 5400.
1241.20
ENHANCEMENT 1600.00
400.00
S, VACANT LOT, UNIMPROVED
2-
ONHER & LEGRL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
'MAGNOLIA STREET INTERSECTS J C RYAN SUBDIVISION
---------------------------- -------------------------
000002583321
$RUTH BLAINE SMITH
MINNIE R NASA
2514 7TH B
GALENA PARR TX 77547
BLR 1 LOT 22
#, 20$ OF 52000. = 5400.
#,VACANT LOT, ONIMPROVED
MAGNOLIA STREET INTERSECTS
NEST SIDE
000002583348
DIXIE MAE LEN IS
2908 MITCHELL BLVD 8
FORT WORTH TX 76108
BLR 2 LOT 1
#, 20$ OF 53030. = 5606.
40.00'PAVEMENT
40.00'CURB
160.00 SP SDNR(H)
J C RYAN SUBDIVISION
40.00'PAYEMENT
40.00'CURB
160.00 SF SDNR(N)
18.44 737.60
1.87 74.80
2.68 428.80
1241.20
ENHANCEMENT 1600.00
18.44 737.60
1.87 74.80
2.68 428.80
1241.20
ENHANCEMENT 1600.00
_. #,DOUBLE-CAR GARAGE ON LOT
J C RYAN SUBDIVISION
---------------------------- -------------------------
000002S83410
BILL b CAROLYN
BRYAHT
STAR ROUTE BOX 15-B B 40.00'PAVEMENT 18.44
SANTO TX 76472 40.00'CURB 1.87
$LR 2 LOT 8 160.00 SF SDWR(R) 2.b8
#, 20$ OF 52000. = $400.
#,VACANT LOT, ONIMPROVED
000002583445
BUFORD A JACRSOtI JR
1204 E $ALTIMORE B
FT NORTH TY 76104
BLR 2 LOT 11
#, 20$ OF 52000. = 5400.
~, VACANT LOT, ONIMPROVED
LESS CREDIT
737.60
74.80
428.80
1241.20
214.40
1026.80
1600.00
J C RYAN SUBDIVISION
-------------------------
40.00'PAVEMENT
40.00'CURB
160.00 SP SDNR(R)
18.44
1.87
2.68
737.60
74.80
428.80
1241.20
ENHANCEMENT 1600.00
400.00
606.00
400.00
400.00
r3.
OfiNER fi LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT' ASSESSMENT
kORPHY STREET INTERSECTS GREEfii00D SUB #2 EVANS 8
--------------------- -------------------------
00000113b909
NILLIE k DAWRINS fi
M C JACKSON
1357 E 50TH ST
LOS ANGLES CA 90011
BLK 2 LOT 6
#, 201 OF 52000. = S400.
B 40.00' PAVEMEIIT
40.00'CURB
160.00 SF SDitR(R)
18.44
1.87
2.68
LESS CREDIT
ENHANCEMENT
737.60_
74.80
428.80
1241.20
214.40
1026.80
1600.00
400.00
S,V~CAIIT LOT, ONIMPROVED
000001136925
BEATRICE L G
ERSRINE
4328 FORGES B
FT iiORTH TX 76105
BLR 2 LOT 8
~, 201 OF 52000. = $400.
GREENWOOD SIIB #2 EVANS S
-------------------------
40.40'PAVEMENT
40.00'CURB
160.00 SF SDWR(N)
18.44 737.60
1.87 74.80
2.68 428.80
1241.20
ENHANCEMENT 1600.00
400.00
:,VACANT LOT, UNIMPROVED
000001136933
A l1 AARON JR
7b2 8 MANUS DR C
DRLLAS ?X 75224
BLR 2 LOT 9 fi 10
~, 201 OF $3000. = 5600.
GREENWOOD SUB #2 EVANS S
88.00'PAVEMENT
88.00'CURB
352.00 SP SDWR(N)
18.44 1622.72
1.87 164.56
2.68 943.36
2730.64
ENHANCEMENT 3520.00
600.00
__ #,YACANT LOT, UNIMPROVED
MYRTLE STREET INTERSECTS
000003285146
i DAN kC RINNEY
THIBEARE OCEA
4312 BELLAIRE DR S #237E B
FT WORTH TX 76109
BLR 2 LOT 2
#, 201 OF 52000. = 5400.
fiALLIS FURMAN ADDITION
50.00'PAVEMENT 18.44
50.00'CURB 1.87
200.00 SF SDWR(R) 2.68
#,&, VACANT LOTS UNIA'~ROVED
-4-
LESS CREDIT
BNHANCEMENT
922.00
93.50
536.00
1551.50
785.10
766.40
2000.00
400.00
TOTAL ASSESSMENTS FOR THE PROJECT $91026,00
-5-
MI3SOORI l~VENIIE
PROJECT 110. 67-040219-00
The !lssessment Paving Policy as revised November 6, 1990 (MSC G-8694), provides that
property zoned and used as one or two-family residential property in target areas
rill not be assessed for street Reconstrnciton. Dnder this policy, the owners of the
following improved property coned and used as one and two-family residences rill not
be assessed.
pBLLIS S FQRMMI l~DDITION
Block 1, Lots 5, 6, 7, 8
Block 2, Lots 1, 3, 4
GREENWOOD SIIBDIVISION ~2
Block 1, Lots 14, 17, 19, 20
Block 2, Lots 1, 2, 3, 4, S, 7
J. C. RYRl1 SQBDIVISION
Block 1, Lots 12, 13, 14, 16, 18
Block 2, Lots 2, 3, 4, 5, 6, 7, 9, 10
CITY OP FORT WORTH PROPERTY OWNERSHIP
Block 1, Lots 16 and 18 of the Greenwood Subdivision #2.
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MISSOURI avENIIB
PROJBC? A0. 67-040219-00
I.BGEitD .
* Curb Inlet Credit
b 131ock 2 Lot 2. Wallis Furman Addition
Tbis portion of the street was constructed in 1973. 50$ Credit is applied for
the pavement and 60$ credit is applied to the curb and to driveway approaches
previously constructed to city standard.
# The Assessment Paving Policy as revised November 6, 1990 (MSC G-8894),
establishes three methods of determining assessments and allows for the
residential rate to be applied to vacant lots as appropriate. Onder this policy,
assessments cannot exceed;
(A) the computed cost,
(B) the enhancement to the property, or
(C) for residential property, twenty percent (20$) of the property value as
determined by the Tarrant Appraisal District.
OB!(ERAL
A. The portion of the street from !laddox Street to Myrtle Street was constructed in
1973, therefore it qualifies for 50$ credit for pavement and 60$ credit for curb
and driveway approaches if previously constructed to city standard.
B. The portion of the street from Myrtle Street to Magnolia Avenue .was constructed
in 1940, therefore credit is not applied to properties abutting these limits.
C. Per City Policy regarding sidewalk replacement, the Citp and the property owner
will each share 50$ of the cost.
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f'
MISSOIIRI AVENtTE
PROJECT N0. 67-040219-00
COST DISTRIBIITION
A. COST TO PROPERTY OWNERS .. .. ..... ............ $ 9,026.00
B COST TO THE CITY OF FORT WORTH. .. ....... .... .$131,411 88
Street Improvements.. $118,644.80
Enqr Insp /Admin ... .. .. $ 12,767.08
(10$ of Estimate $127,670 80)
C TOTAL ESTIMATED PROJECT COST. ....... .. ...$140,437 88
-8-
arASr~eR FPP.s.i
ACCOUNTING-2
S.'RAP<SPORTATIDPH~PULiLiC .Wp ~G !
.~~~~D°
~41)R{1~E.F~i kDP.1:Ni~T p't1~Pa a
V /`~/ _ _
DATE
~~~C ~~~uc~~call ~®~,~,~~a~~~~~~,
1-29-91
REFERENCE
NUMBER
BH-0042
_.....
sus~ECr BENEFIT HEARING FOR THE ASSESSMEN PAGE
PAVING OF MISSOURI AVENUE FROM MADDOX 2
AVENUE .TO MAGNOLIA AVENUE '°f
(PROJECT N0 67-040219)
RECOMMENDATION,
It is recommended that the City Council adopt an ordinance closing the benefit
hearing and levying assessments as proposed, acknowledging that in each ease
the abutting property is specially benefited ii, enhanced value in excess of
the amount assessed for the improvement of Missouri Avenue from Maddox Avenue
to Magnolia Avenue.
DISCUSSION:
The 1986 Capital Improvement Program approved in March 1986, included funds for
the improvement of Missouri Avenue from Myrtle Street to Magnolia Avenue. Based
on neighborhood input, that portion of Missouri Avenue from Maddox Avenue to
Myrtle Street was added (one block) due to the very poor condition of the
pavement. The street' consists of a substandard HMAC pavement section with some
curb and gutter. It is in the Near Southeast Target Area, and has never
previously been constructed to City Standards. Community Development Block
Grant funds will provide a portion of the construction cost. In accordance with
the Assessment Paving Policy, properties zoned and used for one- and two-family
residences are not being assessed.
On January 3, 1991 (M&C G-8990), the c,ty Council established January 29,
1991, as the date of the benefit hearing. Notices have been given in
accordance with Article 1105b, Version's Annotated Civil Statutes.
The project is located in Council District 8.
PROPOSED IMPROVEMENTS•
It is proposed to improve this segment of Missouri Avenue by constructing a
standard concrete pavement with standard concrete curb over a lime stabilized
subgrade. The finished roadway will be twenty-e,ght feet wide on a forty-five
foot right-of-way. Standard driveway approaches and sidewalks will be
constructed where specified 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.
PROPOSED ASSESSMENTS:
The Assessment Paving Policy as revised November 6, 1990 (M&C G-$894),
establishes three methods of determining assessments and allows for the
DATE rRiunnsERCE sue~ECT BENEFIT HEARING FOR THE ASSESSMEN PAGE
1-29-91 BH-0042,., PAVING OF MISSOURI AVENUE FROM MADDOX 2 ar 2
(PROJECT N0. 67-040219)
residential rate to be applied to vacant lots as appropriate. Under this
policy, assessments cannot exceed
(a) the computed cost,
(b) enhancement to the property, or
(c) for residential properties, 20% of the
property value as determined by the
Tarrant Appraisal District.
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
$9,026'.00 (6%) for the property owners and $131,411.88 (94%) for 'the City of
Fort Worth at large.
The independent appraisal substantiates that, as a result of the proposed
construction, each parcel of adjacent property will be enhanced in value by an
amount equal to or greater than the proposed assessment.
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City Seczotazy of the
City of Fozt Wozth, Texatg
SUBMITTED FOR THE
CITY MANAGER'S G
OFFICE BY_ Mike Groomer 6122
DISPOSITION BY COUNCIL:
^ APPROVED
PROCESSED BY
ORIGINATING ^ OTHER (DESCRIBE)
O
DEPARTMENT HEAD: Gary Sdnterre 7800 CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Martha Lunday 8063 f~ ~~~
Ado ted. Ordnance N0. G~
DATE.