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HomeMy WebLinkAboutOrdinance 8704 ,~ ORDINANCE N0. Q AN ORDINANCE AMENDING ORDINANCE NO. 8623, BY AMENDING PAR- AGRAPH III THEREOF, PERTAINING TO THE AMOUNT OF CERTAIN ASSESSMENTS; PROVIDING THAT ALL OTHER PROVISIONS OF SAID ORDINANCE NO. 8623 SHALL REMAIN IN FULL FORCE AND EFFECT; 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 filling same and by constructing thereon to- wit: BRENTWOOD From 90 feet east of Crooked Lane to Ranch Road, known STAIR ROAD and designated as Project No. 029-023-172-00, Unit II-A, a seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a forty-four foot wide roadway. WHEREAS, the City Council levied assessments against property abutting the above-referenced project by Ordinance No. 8623; and WHEREAS, the City Council, subsequent thereto, approved certain changes in the City's Development Policy on August 31, 1982 (M&C G-5381), which changes became effective on October 1, 1982; and WHEREAS, under Pa graph 3 of Section VI of the new Development Policy, certain tracts of property upon which assessments were levied in regard to the above-referenced project would now be sub- ject to a different assessment policy; and WHEREAS, the City Council now desires to extend the benefits of said policy change as it affects those certain tracts; and WHEREAS, it appearing that the assessments levied against such property by Ordinance No. 8623, previously adopted by the City Council, should be lowered, pursuant to such policy change; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT i. Paragraph III of Ordinance No. 8623, previously adopted by the City Council on August 17, 1982, be amended in part, as to the par- ticular tracts affected, and as so amended shall hereafter read in part: "There shall be, and is hereby, levied and assessed against the parcels of property herein below mentioned, and against the real and true owners thereof (whether such owners be correctly named herein or not) the sums of money itemized below opposite the description of the respective parcels of property and the several amounts assessed acjainst the same, and the owners thereof, as far as such owners are known, being as follows": 5 .:: .c.. ~~ _ .~ i u. II. All other provisions of Ordinance No. 8623 shall remain in full force and effect. III. 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 Worth, Texas, and by filing the complete Ordinance in the appropriate Ordinance Records of said City. IV. 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 , 1 9 ~~-- . APPROVED AS TO FORM AND LEGALITY: ~s City Attorney Date: /~ ~~ ~l .~_ ,, PROJECT NO 029-023-172-00 UNIT II A, BRENTWOOD STAIR. ROAD, FROM 90 FEET EAST OF CROOKED LANE TO RANCH ROAD, to be improved by construction of seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high con- crete curb and eighteen-inch wide concrete gutter on a forty-four foot roadway. "~~` BLOCK OWNER LOT ZONING SOUTH SIDE Clell M. Blackwell, Jr. 309 Primrose Ct.. Tract 1-H Euless , Texas `'° ~ " ` A=Res . 76039 FRONTAGE RATE AMOUNT ASSESSMENT J. M. STEINER SURVEY 184.33' adjusted to (Slant Lot) 174.00' Pavement $25.82 $4,492.68 174.00' Curb & Gutter 5.20 904.80 Revised Assessment = $5,397.48 William R. Tobey III 1612 Muse Street Tract 1 179.98' Pavement $25.82 $4,647.08 Fort Worth, Texas A-Res 169 98' Curb &-;Gutter ~'5 20 883.90 76112 Revised Assessment = $5,530.98 Texas Commerce Bank Arlington Tract 1-C 278.29' Pavement $25.82 $7,185 45 c/o Harry Bartay A-Res. 278.29' Curb & Gutter 5.20 1,447.11 P. 0. Drawer 1564- Revised Assessment = $8,632 56 Arlington, Texas 76013 Nathan & Karen Hale 1212 Greenbriar Tract~l-D 279.60' Pavement $25.82 $7,219.27 Arlington, Texas A-Res. 279.60' Curb & Gutter 5 20 1,453.92 76013 Revised Assessment = $8,673.19 Meriam Bush Tract 1-B 254.29' Pavement $25 82 $6,565.77 7336 Yolanda A-Res. 254.29' Curb & Gutter 5.20 1,322.31 Fort Worth, Texas Revised Assessment = $7,888 08 76112 NORTH SIDE T. K, HAMBY SURVEY Bill Elliott & Tract 1 1,391.85 (Total Footage) Tommy Taylor E-Com. 300.00' Pavement $23 31 $6,993.00 5001 Brentwood Stair Rd. 300.00' Curb & Gutter 5.20 1,560.00 Fort Worth, Texas 300.00' Preparation of 2 33 699.00 76112 R.0 W. 300.00' Top Soil & 3 20 960.00 Seeding 300.00' Storm Drain 15.16 4,548.00 300.00' Street Lights& 2,60 780 00 Traffic Markers 300.00' Bridge 27.96 8,388.00 Assessment - Old Policy = $23,928.00 PROJECT N0. 029-023172-00 UNIT IIA, BRENTWOOD STAIR ROAD cont. BLOCK OWNER LOT ZONING FRONTAGE RATE NORTH SIDE T. K. HAMBY SURVEY Continued Tract 1 1,091.85' Pavement $25.82 Bill Elliott & E-Com. 1,091.85' Curb & Gutter 5.20 Tommy Taylor Assessment Total Revi AMOUNT ASSESSMENT $28,191.57 5,677.62 - New Policy = $33,.869.19 sed Assessment =$57,797.19 Revised Totals Unit II-A Total Cost to Property Owners (Assessments) ...... .. .. .. .... .$455,826.64 Total Cost to City of Fort Worth .................. .... ... ... .. ..$426,849.28 Total Estimated Construction Cost ........... ... .... .. .......$882,675.92 Revised Totals Unit I and II-A *Total Cost to Property Owners (Assessments).:..... ... .... ... ....$554,993.34 ~=TotallCost to City of Fort Worth..... .......... ... ....... ..... $460,747.65 *Total Estimated Construction Cost ... ... .. ....... ...$1,015,740.99 * - Includes Unit II-B, Bridge Over Cottonwood Creek In Unit II-B ~t1~( MANAGEfR+L ORANSPORTATlON~PUBLIC WORKS•8 DATE REFERENCE SUBJECT Adjustment of Assessment PAGE . NUMBER 12/21/82 **G-5501 Brentwood Stair Road ;of 3 Im rovements Unit II-A On August 17, 1982 (M&C G-5388), the City Council conducted the benefit hearing for the Assessment Paving of Brentwood Stair Road, Project No 029-023-172-00, described below Roadway Right-of-Way R 0 W Street Limits Width-Feet Width-Feet Width-Feet I Brentwood Fnoch Dr to 40 60 Stair Road 115' West of w~ Druid Lane II-A Brentwood 90' Fast of 44 64 Stair Road Crooked Lane to Ranch Road II-B Bridge Over Cottonwood 44 N/A Creek in Unit II-A Adjacent to Unit II-A, and abutting the southside of the existing Stair Road, are five smaller parcels of land varying in size from 3 235 to 13 4 acres and are vacant, undeveloped, and residentially zoned Four of the above owners appeared before the City Council and objected to the amount of their assessments Their main objection was being assessed for drainage facilities in addition to pavement and curb and gutter under the then current Developer Policy The City Council, after considering the staff report, which included an Independent Appraisal Report, and the property owners' comments, closed the benefit hearing and levied the assessments based on the appraisal report which was less than the amount based on policy There is also a 38 acre tract of land, Zoned "F" Commercial, which partially abutted the then existing Stair Road on the northside The owners have requested that consideration be given under the new policy as Co the amount of their assessment The staff indicated in M&C G-5388 that "Should the City Council approve the proposed changes to the development policy, within the next 90 days, which may further reduce assessments against adjacent property, the staff recommends further reduction of assessments be considered, for this project only, at that time" ..- ~, DATE REFERENCE SUBJECT Adjustment of Assessment PAGE NUNABER 12/21/82 **G-5501 Brentwood Stair Road 2or3 _ i _ ~ T T A (a) The assessment for each abutting front foot of privately owned property shall be computed as follows (1) Actual bid price for curb and/or curb and gutter, concrete driveway approaches and sidewalk where required, earthwork, sub-base, base and paving prorated on a front foot basis, for that portion of said construction between the property line and a point toward the center of the street defined as follows Street Width (face to face of curb) Point Less than 52 feet Centerline of street 52 feet or greater 26 feet from face of curb (2) An additional six percent (6) of the amount determined in Item 1 above shall be included in the assessment rate for engineering costs (3) The amount assessed shall not exceed 100 percent of the cost of curb and gutter, driveways, and required sidewalks, and 90 percent of all other required facilities in order to construct the project The assessments shall not exceed the amount the property is enhanced as determined in a Benefit Hearing as prescribed by Article 1105b, Texas Revised Civil Status Annotated Based on the above, it is proposed that the following assessments be reduced as indicated below Property Owner Clell M Blackwell, Jr Tract 1-H, J M Steiner Survey William R Tobey, III Tract 1; J M Texas Commerce Bank Harry Bartay Tract 1- C, J M. Steiner Survey Original n~...,~~...e.,r $11,500 00 $11,500 00 $17,500 00 Appraisers $11,500 00 $11,500 00 $17,500 00 Proposed Assessment $5,397 48 $5,530 98 $8,632 56 The new policy was approved by the City Council on August 31, 1982 and became effective on October 1, 1982 The new policy under "Border Streets" (Par 3, Section VI), indicates that, on border open streets, where ownerships being assessed consist of unplatted land, these ownerships will be assessed at normal development policy cost for 1/2 the cost of street paving as outlined for "New Street Construction" New street construction provides for ..- ~; DATE ^ 12/21/82 .._ „~.~_. 1 REFERENCE. suB~EC~r Adjustment of Assessment pA(;E NUMBER Brentwood Stair Road 3 3 **G-5501 _. ,.; _._____~_~____._____ __... _ _.Improvement s _ Unit II-A Nathan & Karen Hale $17,500 00 $17,500 00 $8,673 19 Tract 1-D J M Steiner Survey Mariam Bush $17,500 00 $17,500 00 $7,888 08 Tract 1-B, J M Steiner Survey Bill Elliott and $110,961 94 $190,000 00 $57,797 19 Tommy Taylor Tract 1, T K Hamby Survey In view of the fact, that the above property owners were aware of the pending policy changes at the time of the benefit hearing and expressed their objections to the original assessments to the City Council, the staff recommends the assessments be reduced as proposed Recommendation It is recommended that the City Council adopt an Ordinance amending Ordinance No 8623 reducing the above assessments as proposed DAI do Qcc 2~ ~s~z ADOP~f ED ORDINANCE NO. ~ ~d ~IIPPROVED BY ~ CIT_Y COUNCIL SII6MITTEI) FOR YW / ~ CITY MANAGER'S 1 ! e> , ~ / / OFFICE BY // / ! C ~ /. ~ ~ ~ _ __ ORIGINATING ~ ~ OEpAR'YMEN7 WEADj Gary SanteYre FUR ADDIYIONAL INFORMATION V COIV'CACT l1.70~1 c..1-~,.,~.i+ c..~- ~4nti ~ e~~etary of the _._. __.____.._._...C _.o~`~'otC .k'o~'thf Tee;. w----- _d DISPUSII"ION {~Y r:OUN(;IL-. {'kOt;lS5EU f3V -`------ [] AFPRCiVED ~'[-~ _UTFIER (DESCRIFSE) a~Ari: