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HomeMy WebLinkAboutOrdinance 8863 ORDINANCE N0.-.~~~ ~-.- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _ BIDDISON 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 SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI- GATES IN EVIDENCE WHEREOF: RESERVING. UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY. CREDIT GRANTED: DIRECTING THE CITY SECRETARY 'I'0 EN- GROS9 AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THL ORDINANCE RECORDS OF SAID CITY: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas, has heretofore ordered that each of the hereinafter described portions of streets, avenues and public .places in the City of Fort Worth, Texas, be improved by raising, grading, or ftlling same and by constructing thereon to-wit BIDDISON STREET From McCart Avenue to Hemphill Street, known and des- ignated as Project No. 021-025233., six-inch thick hot- mix asphaltic concrete pavement with seven-inch high concrete curb and eighteen-inch wide concrete gutter on an eight-inch thick cement stabilized crushed stone base., so that the finished roadway will be thirty-six feet wide. Six-inch thick concrete driveway approaches will be constructed where specified and five-feet wide concrete sidewalk will be constructed adjacent to the south side of the street only. ~:. ,-,. r~ The above, together with combined concrete curbs and gutter on proper grade and line where same are not already so constructed, together with storm drains and other necessary incidentals and appurtenances., all of said improve- ments are to be so constructed as and where shown on the plans and in strict accordance with the Plans and Specifications therefor and contract has been made and entered into with APAC-TEXAS. INC. for the making and construction of such improvements on the above said portion of streets, avenues and public places. WHEREAS, estimates of the cost of the improvements of each such portion of streets, avenues and public places were prepared and filed, and. approved and adopted by the City Council of the City, and a time and place was fixed for a hearing and the proper notice of the time, place and purpose of said hearing was given and said hearing was had and held at the time and place fixed therefor, to-wit, on the 28th. day of June 19__83_, ~ n : 0o A _ M. , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit _protested that _ protested that _ _ _ _protested that that that ,_._____- ___ ___-_ _protested that __._.. _ ._.___. _ .-- __protested that - - ----- ------ -- --...------------protested that protested that __--- -------------~--___--protested that and said hearing was continued to the present time in order to more fully accomplish the purposes thereof, and all desiring to be heard were given full and fair opportunity to be heard and the City Councrl of the City having t'ull~ considered all proper matter, is of the opinion that 'the said hearing should be closed and assessments should be made and levied as herein ordered BE IT ORDAINED BY THE CITY COtTN('IL OF THE CITY OF FORT WORTH, TN:~AS, 'T'HAT I. tiaid hearin~• be and the same is hereby, closed and tike said protest and gb,jec•tions, and an,y and all other protests and objecl.ions, whether herein enumerated or or not, be and the same are hereby, overruled. II The (. its Councrl 1'rum the evidence, finds that the assessments herein 1evted should be made and levied against the respecti4e parcels of prupert~, abutting upon the said pvYtions of streets, avenues and public places and against the owners of such property, and that such assessments and charges are right and proper and are substantially in proportion to the benefits to the respec•tiye parcels oi' property b~ means of the improvements in the -urit for which su(•h assessments are levied and estal)lish substantial ,justice and equality and uniformity between the respective owners of the res}rectt~e properties and 1>etµeen all parties concerned, considering the benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said property b~ means of the satd improvements to the unit upon which the p<u•tic•ular property abuts 2111d 101' N'h]('It assessment is levied and charge made, in a sum in excess of the s:rid assessment ~-nd charge made against tl-e same to this ordinance and further finds that the apportion- ment of the cost of the improvements is in accordance ~titth the law in force in this City, and the proceedings of the City h<~retofore had ~tiith rei'erence to satd tmpro~:~tru~nts and is in all respects valid and regular III There shall be, and is herein lei red and assessed ag:unst the parcels of property herein below mentioned and against the real and true owners thereof (~tihethet such oynet•s be correctly named herein or not) the sums of money itemired below opposite the desc•riptx)n oi' the respec U. e parcels of property and the several amounts assessed against: the same and the owners thereof as fat as such owners at•e known being as follows i r.~ IV . ~j K Where more than one person, firm or corporation. owns an interest in any property above described, each said person, firm or corporation shall be personally liable only for its, her or his pro rata of the total assessment against such property in propor- tion as its, his or her respective interest bears to the total ownership of such pro- perty, and its, his or respective interest in .such property may be released from the assessment lien upon payment of such proportionate sum. V. The several sums above mentioned and assessed against the said parcels of pro- perty, and the owners thereof, and interest thereon at the rate of eight percent (8%) per annum, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be correctly named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except State, County, School District and City ad valorem taxes. The sums so assessed against the abutting property and the owners thereof shall be and become due and payable as follows, to-wit in five (5) equal installments, due respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4) years from the date of completion and acceptance of the improvements in the respective unit, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of eight percent (_8%) per annum, payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property abutting upon such completed and accepted unit shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance. Provided, however, that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity by payment of principal and accrued interest, and provided further that if default shall be made in the payment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such default is made shall, at the option of said City of Fort Worth, or its assigns, be and become immediately due and payable, and shall be collectable, together with reasonable attorney's fees and cost of collection, if in- curred, PROVIDED, however, that acting through its duly authorized Director of Public Works the City of Fort Worth retains the right to authorize payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty- eight (48) equal regular monthly installments of not less than $9.00 each, the first of such installments to become due and payable not more than thirty (30) days after the completion and acceptance by the City of the particular unit. PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments of said sums of lesser in- stallments and/or over a longer period of time in cases in which the Director of Public A ~' ," Works has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVIDED FURTHER, that such method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's and materialman's contract upon forms supplied by the City granting a mechanic's lien upon and conveying the said abut- ting property in trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property. VI. If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the property by the Assessor and Collector of Taxes of said City as near as possible in the same manner provided for the sale of property for the non-payment of ad valorem taxes, or at the option of the City of Fort Worth, or its assigns, payment of said sums shall be enforced by suit in any court of competent jur- isdiction, or as provided in any mechanic's or materialman's contract as aforesaid, and said City shall exercise all of its lawful powers to aid in the enforcement and collec- tion of said assessments. v'~• R.t VII. The total amount assessed against the respective parcels of abutting property, and the owners thel•eof, is in accot•dance with the proceedings of the City relating to said improvements and assessments thereof, and is less than the proportion of the cost allowed and permitted byr the law in i'orce rn the City vIII. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts hereinabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate Notwithstanding the City Council has herein reserved the right to issue credits, it shall not be required to issue credits, and will not do so, if same would result in any equity and/or unjust discrimination. The principal amount of each of the several assessment certificates to be issued the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts, if any, as may hereafter be allowed by the City Council as a credit against the respective assessments. IX. For the purpose of evidencing the several sums assessed against the respective parcels of abutting prop- el•ty and the owners thereof, and the time and tel•ms of pavment, and to aid in t:he enforcement and collection thereof, assignable certificates in the principal amount of the respectr~ e assessments less the amount of any re- spective credit allowed thereon, shall be issued 1>v the City of Fort `'Forth Texas upon completion and accept- ance by the Cite of the improvements in each unit of impro~ ement as the nor 1• m such unit is completed and accepted, which certificates shall be executed by the mayor in the Hanle of the City and attested by the City Secretary, with the corporate seal of the Citv impressed thereon and shall he pay able to the City of Fol•t Worth, or its assigns and shall declare the said amounts, time and terms of payment rate of interest, and the date of the completion and acceptance of the iml>ro~ements abutting upon such property for whicl~ tl+e certificate is issued, and shall contain the name of the owner or owners rf l:nc~tin dc~s<.+iption of the property by lot and block number or front feet thereon, of such other desc•iption as may oihei•~~ise identify the same, and if the said property shall be owned by an estate, then the desn•iption of same as su owned shall be suflicrent and no error or mistake in describing am prohertt or in gig in~• the name c+f thf~ ++~~ Her shall im alidate or in Anywise impair such certificate to the assessments lei ied The certificates shall prop ide substantially that if sank shall not be paid In•umptl~ upon maturity, then they shall be collectalale ~ ith reasonable attorney s fees and ~•~+~;t s ..f +•ollec tic+n if incurred, and steal} provide substantially that the amounts eyirlenc•ed tiiereh~ ;;hall be lard to the Assessor and Collector of Taxes of the City of Fort ~'~'orth Texas who sha}I issue his receipt therefor «hic•Ii sh~r11 lie evidence of such payment on any demand for the same and the Assessi+i and C'oliector of Taxes sh<ril deposrt she sums so received by him forth- with with the City Treasurer to be kept and held I?~ him in ~~. separate fund and ~~hen any pavment shall be made in the City the Assessor and Collector of 'faxes u;x>n such certrlicate shall upon presentation to hlm of the certificate b~ the holder thereof endorse said pay meat the~i•e~rf if such ce+'tit}<ate be assigned then the holder thereof shall be entitled. to rec•ei~e from the Crt~ Tre<rsurPr the an+u+.ti+t pard upon the presentation to him of such certificate so endorsed and credited, and such endursemt-nt ,rn~i r~~<}it sh~rll be the Treasurer's Warrant for making such pavment Such pavements b~ the Treasurer shall !+e receil>ted for the holder of such certificate in writing and by surrender thereof' ~~hen the prinr,p<a to„•ether «ith ~~cc rued interest: and all costs of collection and reasonable attorney's fees if' incurred have been paid in full Said certificates shall further recite substantially that the proceedings ~~•ith referen~'e to making the improvements have been regularlti had in compliance ~1 ith the 1 +~~ and that all pr er•equisites to the fixing of the assessment lien against the property desn•rbed in such cc~rliticate urd t.l+e personal liability of the owners thel•eof have been performed and such rentals shall lie prin•+a facie e~ iclc n~ f~ ~,1' ,II the matters recited in such certificates, and no farther proof thereof sha}1 be required in any c•our•t Said certificates may have coupons attar lied tl+ei etc. u~ e~ ideas e of eat it )i any of• the set ei al installments thereof, or may have coupons for each c~t• the first. four installments, lea~•in~• the main cei•ti(icate to serve for the fifth installment which coupons ratty be p<r~ al.rle to the ('its of Fort ~'i orth, ur its assigns may be signed with the facsimile signatures of the A'Iayoi and City Secretary ~?: ~. Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful powers, when requested so to do, to aid in the enforcement and collection thereof, and may contain recitals sub- stantially in accordance with the above and other additional recitals pertinent or appropriate thereof, and it shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of any of said unite adjacent to any premises exempt from the lien of such assessments shall not in anywise invalidate, affect or impair the lien of such assessments upon other premises. X. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof, ia, in accordance with the law in force in this City, vested in the City XI. All assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. XII. The assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve- ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the assess- ments therefor in any other unit. XIII. The assessments levied are made and levied under and by virtue of the terms, powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and now shown as Article 1106b of Vernon's Texas Civil Statutes, which Act has been adopted as an amendment to and made a part of the Charter of the City of Fort Worth, Texas. XIV. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council of Fort Worti-, Texas, and by filing the complete Ordinance in the appro- priate Ordinance Records of said City xv. This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED this - / ~ day of _ 19 ~s~ APPROVED AS TO FORM AND LEGALITY C{ty Attorney y' s~ PROJECT N0. 021-025233, BIDDISON STREET FROM McCART AVENUE TO HEMPHILL STREET, to be improved with six- inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb a~ eighteen-inch wide concrete gutter on an eight-inch thick cement stabilized crushed stone base, so that the finished roadway will be thirty-six feet wide. Six-inch thick concrete driveway approaches will be constructed where specified and five-feet wide concrete sidewalk will be constructed adjacent to the curb on the south side of street only. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE HOMELAND ADDITION Ernie Tarver 8 5 Rt. 1, Box 1564 I 688.5 Sq.Ft.Driveway 3.20 2,203.20 Burleson, TX 76028 2,203.20 Walter E. Davis 1 5 142.0' Side lot: 4905 Cockrell B-2 Fort Worth, T% 76109 140.0 Sq.Ft.Driveway 3.20 448.00 448.00 WAYSIDE AVENUE INTERSECTS Peggy E. Fleeman 8 4 142.0' Side lot 3500 Frazier B-2 Fort Worth, TX 76110 229.5 Sq.Ft.Driveway 3.20 734.40 734.40 Peggy E. Fleeman 1 4 142.0' Side lot: 3500 Frazier B-2 Fort Worth, TX 76110 100.0' Curb & Gutter 7.07 707.00 707.00 FRAZIER AVENUE INTERSECTS Michael New 8 3 142.0' Side lot 3501 Frazier Avenue B-2 Fort Worth, TX 76110 100.0' Curb & Gutter 7.07 707.00 707.00 SUBTOTAL THIS PAGE $4,799.60 -1- ~ i~ ..y .. t PROJECT N0. 021-025233, BIDDISON STREET FROM McCART AVENUE TO HEMPHILL STREET, continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE HOMELAND ADDITION Archie L. & 1 3 142.0' Side lot Earlene Maples B-2 3500 Townsend Drive 100.0' Curb & Gutter 7.07 707.00 Fort Worth, TX 76115 280.5 Sq.Ft.Driveway 3.20 897.60 TOWNSEND DRIVE INTERSECTS SOUTH SIDE Kenneth P. Thompson 8 2 142.0' Side lot: 8 Chelsa Drive B-2 Fort Worth, TX 76134 100.0' Curb & Gutter 7.07 707.00 191.25 Sq.Ft.Driveway 3.20 b12.00 1,604.60 1,319.00 Danny J. Miller 3500 Gordan Fort Worth, TX 76133 CORDON AVENUE INTERSECTS 1 2 E-Comm. 142.0' Curb & Gutter 7.07 1,003.94 Gordon & Diana Keener 1 1 3601 James Ave. E-Comm. Fort Worth, TX 76110 160.0' Curb & Gutter 7.07 1,131..20 140.25 Sq.Ft.Driveway 3.20 448.80 1,003.94 1,580.00 Clanton W. Pendleton 1 5 3500 Livingston Avenue B-2 Fort Worth, TX 76110 135.0' Side lot 100.0' Curb & Gutter 7.07 707.00 140.25 Sq.Ft.Driveway 3.20 448.80 1,155.80 SUBTOTAL THIS PAGE $6,663.34 -2- +y ~ i w:.:. PROJECT N0. 021-025233, BIDDISON STREET FROt4 McCART AVENUE TO HEt~HILL STREET continued , BLOCK OWNER IAT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE UNIVERSITX HILL LIVINGSTON AVENUE INTERSECTS Edward B. Featherston 1 4 135.0' Side lot 3864 Wonder Ct. B-2 Fort Worth, TX 76133 100.0' Curb & Gutter 7.07 707.00 306.0 Sq.Ft.Driveway 3.20 979.20 S.W. Jernigan 24 4 3500 Stanley Ave. B-2 Fort Worth, TX 76110 STANLEY AVENUE INTERSECTS SOUTH SIDE D.H. Sowards 1 3 3509 Stanley Ave. B-2 Fort Worth, TX 76110 Marion Perkins 24 3 3500 James Ave. B°2 Fort Worth, TX 76110 JAMES AVENUE INTERSECTS John Little 1 2 3501 James Ave. B-2 Fort Worth, TX 76110 135.0' Side lot 100.0' Curb & Gutter 7.07 707.00 135.0' Side lot: 100.0' Curb & Gutter 7.07 707.00 135.0' Side lot 100.0' Curb & Gutter 7.07 707.00 135.0' Side lot: 100.0' Curb & Gutter 7.07 707.00 SUBTOTAL THIS PAGE 1,686.20 707.00 707.00 707.00 707.00 $4,514.20 -3- ~T• ~.i pPROJECT N0. 021-025233, BIDDISON STREET FROM McCART AVENUE TO HEMPHILL STREET, continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT SOUTH SIDE UNIVERSITY HILL Truman H. Milling 24 2 No Assessment 3515 McCart Ave. E-Coin. 135~Existing Facilities Fort Worth, TX 76110 EIGHTH AVENUE INTERSECTS Estate of - 1 1 Mrs. R.P. Stonehill E-Comm. c/o K. & W.E. Finnis 4933 Cockrell Fort Worth, TX 76133 135.0' Owner Occup. 135.0' Curb & Gutter 7.07 954.45 ASSESSMENT -0- 954.45 J.N. Marr 8 1 1501 Biddison E-Comm. Fort Worth, TX 76110 SOUTH SIDE SANTA FE RAILROAD INTERSECTS RYAN AVENUE INTERSECTS Gary W. Dixon 24 2 3501 Ryan Ave. B-2 Fort Worth, TX 76110 No Assessment 78.4~Existing Facilities SHAW HEIGHTS 140.0' Side lot 100.0' Curb & Gutter 7.07 707.00 140.25 Sq.Ft.Driveway 3.20 448.80 H.C. & Peggy Peters 1 2 140.0' Side lot 0.00 121 N. Judd B-2 Fort Worth, TX 76108 100.0' Curb & Gutter 7.07 707.00 229.5 Sq.Ft.Driveway 3.20 734.40 SUBTOTAL THIS PAGE -0- 1,155.80 1,441.40 $3,551.65 -4- y ti.. PROJECT N0. 021-025233, BIDDISON STREET FROM McCART AVENUE TO HEMPHILL STREET, continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE SHAW HEIGHTS WILLING AVENUE INTERSECTS M.T. Riddle 24 1 140.0' Side lot: 2518 Lipscomb B-2 Fort Worth, TX 76110 100.0' Curb & Gutter 7.07 707.00 140.25 Sq.Ft.Driveway 3.20 448.80 1,155.80 Christopher Henry 1 1 140.0' Side lot: Willinghamn B-2 3500 6th Ave. 100.0' Curb & Gutter 7.07 707.00 Fort Worth, TX 76110 707.00 SIXTH AVENUE INTERSECTS SILVER LAKE ADDITION Gloria D. Rodriquez N50' 1 107.5' Side lot: 3501 6th Ave. W-1/2 B-2 Fort Worth, TX 76110 100.0' Curb & Gutter 7.07 707.00 140.25 Sq.Ft.Driveway 3.20 448.80 1,155.80 J.C. Pursley N50' 1 107.5' Side lot 3500 5th Ave. E-1i2 B-2 Fort Worth, TX 76110 100.0' Curb & Gutter 7.07 707.00 140.25 Sq.Ft.Driveway 3.20 448.80 1,155.80 FIFTH AVENUE INTERSECTS Bobby J. Dick N50' 20 107.5' Side lot: 625 E. Glendale W-1/2 B-2 Fort Worth, TX 76106 100.0' Curb & Gutter 7.07 707.00 140.25 Sq.Ft.Driveway 3.20 448.80 1,155.80 SUBTOTAL THIS PAGE $5,330.20 -5- ~s,i , ~ ~. PROJECT N0. 021-025233, BIDDISON STREET FROM McCART AVENUE TO HEMPHILL STREET, continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE SILVER LAKE ADDITION Ronald Lippard N50' 20 107.5' Side lot 3432 8th Ave. E-1/2 B-2 Fort Worth, TX 76110 100.0' Curb & Gutter 7.07 707.00 BALDWIN AVENUE INTERSECTS Mary P. Edmonson N50' 21 3501 Baldwin Ave. W-1/2 B-2 Fort Worth, TX 76110 Armando Perez N50' 21 3508 Baldwin Ave. E-1/2 B-2 Fort Worth, TX 76110 SOUTH HENDERSON STREET INTERSECTS Edwin P. Huff A 40 Rt. 4, Box 444 E-Comm. Alvarado, TX 76009 James D. Williams N50' 40 3716 Walton E-1/2 B-2 Fort Worth, TX 76133 107.5' Side lot 100.0' Curb & Gutter 7.C7 707.00 107.5' Side lot 100.0' Curb & Gutter 7.07 707.00 107.5' Gutter Only 3.54 380.55 229.5 Sq.Ft.Driveway 3.20 734.40 107.5' Side lot: 100.0' Curb & Gutter 7.07 707.00 140.25 Sq.Ft.Driveway 3.20 448.80 SUBTOTAL THIS PAGE 707.00 707.00 707.00 1,114.95 1,155.80 $4,391.75 -6- PROJECT N0. 021-025233, BIDDISON STREET FROM McCART AVENUE TO HEMPHILL STREET, continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE SILVER LAKE ADDITION SOUTH ADAMS STREET INTERSECTS Mary Murphy N50' 41 107.5' Side lot 3501 So. Adams W-1/2 B-2 Fort Worth, TX 76110 100.0' Curb & Gutter 7.07 707.00 707.00 May Belle Street N50' 41 107.5' Side lot: 3500 Laughton St. E-1/2 B-2 Fort Worth, TX 76110 100.0' Curb & Gutter 7.07 707.00 707.00 LAUGHTON STREET INTERSECTS Charlie J. III & S12' Paula Vickers 1&2 3505 Laughton Ave. Fort Worth, TX 76110 WILLIE AND DENHAM ADDITION J 1 115.0' Side lot: B-2~ 100.0' Curb & Gutter 7.07 707.00 707.00 Frank D < Moore 19- 3500 College Ave. S12'- Fort Worth, TX 76110 20 1 115.0' Side lot B-2 100.0' Curb & Gutter 7.07 707.00 229.5 Sq.Ft.Driveway 3.20 734.40 1,441.40 COLLEGE AVENUE INTERSECTS Forest T. Smith S35'- 3505 College Ave. 1&2 B-2 Fort Worth, TX 76110 115.0' Side lot 140.0' Curb & Gutter 7.07 707.00 707.00 SUBTOTAL THIS PAGE $4,269.40 _7_ ~~ PROJECT N0. 021-025233, BIDDISON STREET FROM McCART AVENUE TO HEMPHILL STREET, continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE WILLIE AND DENHAM ADDITION John H. Hefner 19- 2 115.0' Side lot: 3504 Lipscomb Ave. S12'- B-2 Fort Worth, TX 76110 20 100.0' Curb & Gutter 7.07 707.00 707.00 LIPSCOMB AVENUE. INTERSECTS Doris Jenness N40' 3 3501 Lipscomb -1 B-2 Fort Worth, TX 76110 131.0' Side lot 140.25 Sq.Ft.Driveway 3.20 44$.80 448.80 W.H. Stevens 1-N2' 3500 Travis -2 Fort Worth, TX 76110 TRAVIS AVENUE INTERSECTS Mrs. S.M. Kolbohn 1&2 4 350T Travis Ave. B-2 Fort Worth, TX 76110 3 164.3' Side lot B-2 100.0' Curb & Gutter 7.07 707.00 140.25 Sq.Ft.Driveway 3.20 448.80 CAMERON PLACE 150.0' Side lot 100.0' Gutter Only 3.54 354.00 1,155.80 354.00 Bobby L. Barnes 20 4 2821 Larkin F-Comm. Fort Worth, TX 76133 446.25 Sq.Ft.Driveway 3.20 1,428.00 1,428.00 SUBTOTAL THIS SAGE $4,093.60 -8- ~_ ~~ ~~ ' "t.. s PROJECT N0. 021-025233, BIDDISON STREET FROM McCART AVENUE TO HEMPHILL STREET, continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT HEMPHILL STREET INTERSECTS NORTH SIDE (HEMPHILL TO McCART) Burlington Northern RR Railroad right-of-way -0- 176 E. 5th St. (No Benefit) St. Paul, Minn. 55101 No Assessment TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) $37,613.74 TOTAL COST TO CITY OF FORT WORTH $650,327.19 TOTAL ESTIMATID CONSTRUCTION COST $687,940.93 -g_ MASER FILE 1 V CITY MANAGER 3 kCCOUNTlMiG 2 t ~~~®U ' ~l.W 0 Ud~ ~/®~- 11 ~1V11 ~f1/n l/ ~®~IVTy1j ~]ynll WV /I lV (L~~~ ((d®~ TRANSPORT~gTION~PUBLIC .WORP(S•61 ~~J LLdIV 0 I~IL/ IV({i // Q (~Q // ~ DATE REFERENCE suB~ECT:Benefit Hearing - Biddison Street PAGE NUMBER 6/28/83 G-5671 Improvements - McCart Avenue 3 __ To Hemphill Street i of On May 31, 1983 (M&C C-6922), the City Council declared the necessity for and ordered the improvements on Project No. 021-025-233-00, as described below. A construction contract was awarded to APAC-Texas, Inc., in the amount of $614,252.98, and June 2'8, 1983, was set as the date for the Benefit Hearing. All of the adjacent property owners were notified of the hearing by certified mail on June 10, 1983. Project Description: Roadway R.O.W. Street Limits Width-Fe.et Width-Feet Biddison McCart Avenue 36 50 to 60 Street to Hemphill Street Origin of Project On June 6, 1978 (M&C G-3837), the City Council approved the 1978-81 Capital Improvement Program (CIP) which included the widening and reconstruction of Biddison Street from Hemphill to Wayside (1978-81 CIP, Page ST-43). d On January 29 , 1980 (M&C C-4948), the City Council authorized a contract between the City and Brookes H. Baker, Consulting Engineer, to perform the preliminary phase of engineering to determine the best alignment, paving section and any required drainage facilities for the project. On November 12, 1980 (M&C C-5393), the City Council authorized a contract between the City and Brookes H. Baker, Consulting Engineer, to perform the final engineering on the project and extended the limits of the project one block from Wayside to McCart. Improvements Improvements will consist of constructing a new 36-foot wide roadway of collector grade pavement and appurtenances with concrete driveway approaches where required and concrete sidewalks adjacent to the curb on the southside of the street only. Storm drain facilities will consist of 887 feet of concrete pipe complete with required inlets. ~; `DATE R£F£RENCE suB~ECr Benefit Hearing - Biddison Street PAGE NUMBER 6/28/83 G-5671 Improvements - McCart Avenue 2 3 i ~___ __ To Hemphill Street -- ~ °' "~ Assessment and. Enhancements All of the property adjacent to the south side of the street is zoned and used as residential with the exception of three small businesses. Five of the thirty- eight homes are on lots zoned commercial, and are owner occupied. All of the forty lots are side lots to Biddison Street save one small triangular lot which faces the street. ~~. In accordance with standard City Policy in effect at the time this project was brought to the attention of the property owners and approved by the City Council, assessments for pavement and curb and gutter were $15.50 per front foot, plus the cost of driveway approaches. Such assessments amount to $93,265.13. Based on previous appraisals of like property in older neighborhoods and siding on a collector street, it is the opinion of the staff that the land will not be enhanced by as much as the proposed assessments. It is the opinion of the staff that the adjacent properties will enhance in value only by as much as the cost of curb and gutter and driveway approaches with the total assessments amounting to $37,613.74. In order to provide the Council with an expert opinion as to enhancements to adjacent properties, an independent land appraiser was retained. The appraiser, Daniels, Highfield and Associates has furnished a letter of appraisal report which states in part: "The properties located in this area are within a section of the City that has been in a very stable market trend for the past several years and redevelopment of this street would most likely not create a situation where the highest and best use of individual properties would be changed. l~ ~' Individual appraisals of these properties for assessment purposes would most likely reflect little to no enhancement to individual tracts in this section of the City with the exception of those tracts that currently do not have curb and gutter which would likely receive some small benefit from redevelopment of. the street. For practical purposes it would not appear in my opinion that the City of Fort Worth to be warranted in having these tracts appraised individually as total enhancement of value to adjacent properties would appear to be very minimal at the outset and there is also a very limited amount of market data within this area of the City that would be directly comparable to the subject tracts." ~„ i f DATE REFERENCE SUBJECT Benefit Hearing - Biddison Street pgGE 6/28/83 NUMBER G-5671 Improvements - McCart Avenue 3 3 To Hem hill Street --- or __- __ It is recommended that property owners on Biddison Street be assessed for curb and gutter and/or gutter only, plus driveway approaches where none now exist. Amounts of individual assessments are indicated on the attached assessment roll. Property on the north side of the street is the Burlington Northern Railroad Company right-of-way containing its main track. Based on previous appraisals of like situations, streets adjacent to a main line track do not enhance the right-of-way. Consequently, no assessments are proposed. The Railroad Company, however, after lengthy negotiations, dedicated additional right-of-way for Biddison Street ranging in width from 5.25 feet to 15 feet from Hemphill Street to Ryan Avenue for a total of 44,932.14 square feet at no cost to the City. Based on the above recommendation,. cost to the City for Street construction is $528,464.84 and $48,154.40 for storm drain cost, plus $73,707.95 (12%) engineering. Recommendation It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as recommended above. DAI:dm APPROVEQ BY c~~r couNCiL ~u~ 5 1983 ~~ ~~:~~~ Cite Secretarg of the city of Fort Wgsth, Toxa. SUBMITTED FOR THE CITY MANAGER'S ~ I ,~ A' OFFICE BY "4 DISPOSITION BY COUNCIL: PROCESSED BY : ~ ~(„~,(~ . ~ APPROVED ORIGINATING ~ OTHER (DESCRIBE) DEPARTMENT HEAD: Gary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONYACT Odell Schmidt Ext. 7 OR ED RD DgTE