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HomeMy WebLinkAboutOrdinance 8479 ORDINANCE NO. ~ Y?~ i ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__13.~1:~ Village- Parkw~v ,.. AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS FIXING CHARGER AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI- CATE$ 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 GRO$$ 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 THE ORDINANCE RECORDS OF SAID CITY s AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City o! Fort Worth, Texas, has heretofore ordered that each o! the hereinafter described portions o! streets, avenues and public .places in the City of Fort Worth, Texas, be improved by raising grading, or Rllin;~ same and by constructing thereon to-wit BENTLEY VILLAGE PARKWAY From I-30 to John T White Road known and designated as Project No 021-23173 Unit I a.seven-inch thick reinforced concrete pavement on a six-inch thick lime stablized subgrade with seven-inch high superimposed concrete curb on two thirty-six foot traffic lanes with an eighteen-foot median `° 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 Au~t;~~ Road Comran~~ - - 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 the24~h.day of N~vemb er , 19_$L, , 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 _protested that ted that ___--_-______ -___-__ _protested that __.. __.________-____ ___.._.__ _. _-_.__protested that -__ .___ __._________protested that __ _protested that _____ -...___._____-______-__protested that • • and said hearing was continued to the present time in order to mire fully accomplish the purposes thereof and all desiring to be heard were given full and fair opportunity to be heard and the City Council of the City having 1'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 ordel•ed ~OV4 'I'I[N:ItI:FORL: BE IT ORDAINED BY THE ('ITY COLTN('IL OF THE ('ITY O)F' FORT WORTH 1'F:~A~, 'THAT I. tiald hetil7n~' I)e and the same is hereby closed and the said protest and ob,jertlons, and any and all other protests and ob,jeetions whether herein enumerated or or not be and the same ~u•e hereby overruled II. The (.its Council i'rom the evidence finds that the assessments herein levled should be made and levied against the respective parcels of property abutting upon the said portii)ns of streets, avenues and publle places and against the owners of such prope~•t~ and that such assessments and c•halges are right and proper and are substantially in proportion to the benefits to the respective pal•c•els of property by means of the improvements in the unit for whit h such assessments are levied ~md establish substantial justice and equality and uniformity between the respective owners of the respective properties and between all parties conceYned considering the benefits received rind burdens imposed and further finds that in each rase the abutting property assessed is specially benefited in enhanced value to the said property b~ means of the said improvements in the unit upon which the particular property abuts 2llld for N111CI1 issessmei?t ]s levied and charge made in a sum in excess of the slid assessment and charge m<lde against the same b~ this ordinance and further finds that the apportion- ment of the cost of the improvements is in ac•cordanc•e ~tiith the law in force in this Cif) and the proceedings of the Cit. heretofore had ~~ith reference to aid impro~ >nlents and is in all respects talid and regular III There shall be and is hereby lei led and sssessed ilgiUlltit the parC'eIs of propert} herein below mentioned and against the real <u~d true owners thereof (~tihether such otinei•s be corrertl~ named herein or not) the sums of money itemired below opposite the descriptwn of• the respective parcels of property and the several amounts assessed against the sa-ne and the owners thereof as far as such ol+lnel'S ai•e known being as follows • • IV Whe,.e rnore than one person firm or corporation awns an interest i.n any property above described eaci~ said person firm or corporation ~hal1 be personally liable only for its her or his pro rata of the total assessment against such property in proportion as its his or her respective interest bears to the total ownership of such property and its his or respective interest i_n such. property may be released from the assessment lien upon payment of such proportionate sum V The several si~r-s above mentioned and assessed against the saki parcels of property and the owners thereof and interest thereon. at the rate of eight percent (8%) per annum together with reasonable attorney': fees and costs of collection if incurred are hereby decl..ared to be and are mr~~:le 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 sumfi so assessed against the abutting property and the owners thereof shall be and become due and payable as follows to-wit in ten (10) equal installments each equal to one-tenth (1/10) of the improvements The first installment shall be payable thirty (30) days after the completion of the project The first installment shall be payable thirty (30) days after the completion of the project Nine (y) equal annual installments each in the amount of one-tenth (.l/lO) of the total assessment together with interest on the unpaid amount of the note calculated at eight percent ($%) per annum shall be due and payable on the anniversary date of .the initial ayment Owner may obtain releases of frontage from the lien securing the promissory note in accordance.witll the following formula One-Twelfth (1/.12) of the total frontage shall be released for each One-Tenth (1/10) of the total assessment paid In determining Owner's right to release of footage the initial payment and ali principal payments on the note shall be cumulated to determine L-he footage which Owner shall from time L-o time be entitled to have released from the lien Owner shall. have the right to designate any frontage within the project f_or which Owner is entitled r~~ a release and the City shall forthwith execute and deliver such release to Owner for recordation • Owner shall be permitted to sel_1 any portion of the property fronting on the project subject to or upon tl~e ale assumption of_ the debt and lien securing the assessment No sale of any portion of the property shall eliminate the liability of Owner or the guarantee of llnited Savings of Texas with respect to the Promissory Note un- less the City shall consent in writ:i.ng to a rel-ease of such liabil- ity or some portion thereof Owner or its successors or assigns shall be permitted to plat the property wit.l~oiit obtaining a release of footage but subject to the l:ieri secux:i.ng payment of the Promis- sory Note Should Owner or any of its successors or assigns apply for a building permit on any property fronting on the project then Owner or its successors or assigns shall be r•oquired as a condition precedent to the issuance of such a building permit to secure a re- lease of the frontage encompassed within the contemplated improve- ments. and in the event Owner shall not then be entitled to releases of frontage by virtue of prior payments of tl7e assessment as described above then Owner his successors or assigns shall tender to the City the amount or any additional amount necessary to secure a release of such footage and any such payments shall be applied as prepayments of the Promissory Note 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 t(ze Assessor and Collector of Taxes of said City as near as possible in the -Name manner provided for the sale of property f.or 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 jurisdiction 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 collection of said assessments • VII. The total amount assessed against the respective parcels of abutting property and the owner thereof is in accordance with the proceedings of the City relating to s<rid improvements and assessments thereof and is less than the proportion of the cost allowed and permitted by the law n force in 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 t:he 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 un•lust 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 agarnst the r~espec•tive lTareels of abutting prop- erty and the owners thereof rind the time and terms of payment and to aid in t:he enforcement and collection thereof assignal.ile certificates in the principal amount of the respectn e assessments less the amount of any re- spective credit allowed thereon shall be issued by the City of Furt t~ ui th Texas upon completion and accept ante by the Cite of the impro~-ements in each umt of imin•o~ ement as the wor 1. rn such unit is completed and accepted W111C11 certificates shall be executed by the may or in the name of the City and attested by the City Secretary with the corporate seal of the Cite impressed thereon ,uid hyill lie pay able to tine City of Fort Worth or its assigns and shall declare the said amounts time and ter rns il' t,<r~ meat rate of interest and the date of the completron and acceptance of the inrpro~ements abutting upon uc h prupert~ for which tLP certificate is issued and shall <•ontain the name of the owner ur :,wners Tt hn ~~ n dc`sc ~ iption of the property Lw lot and block number or front feet thereon or sueh other clescip Ton as may uti er~~ ise identify the same and if the said property shall be owned by an estate then the desc•riptiun of anre as su uw ned shall be sufficient and no error or mistake in describrng any property cr in o~i~in~• the name of tl,«~ o~~ner sh~:rll imtihdate or rn anywise impair such certificate to the assessments lei red The cert%ficates shall prop ide ubstantiall~ that if sonic. li ill nut he paid prumptl~ upon maturity then they sh 11 be collet table With reasonable itturne~ s fees uul c•n t f r•ull>~ tiun i f incurred and shall provide substantially that the amounts eyi fenced there~l,~ shall be paid to thc` Assessui and Collector of Taxes of the City of Fort ~~ orth '['exas Who shall issi.ie hT receipt th ~refui a hirl IT ill lre e~ idence of such payment on any demand fur the same and the Assessor and ('oliectoi ut Tape hall deposit he sums so received by him forth with wrth the Clt~ Treasurer to i>e l.ept zrnd held I?~ him in , septrTate fund and when any payment shall be made it the City the Assessor and Cc liectoi of 'faxes a .on rie h ~ c~rtiti~ate shall neon presentation to lum of the eertrfieate b~ the holder thereof endorse soul pay nient the •euf l uch cer•t tic ate be assrnned then the holder thereof shall be entitled to rerei~e from the City '1'ieasurei the in„un± p,ud upon the presentation to him of such certificate so endorsed and credited and sup h end irsen rnt i i i lit sh it lre the Treasurer s Warrant for nicking such payment. Such payments h~ the 'I'ieasurri hill !,~` is ci terl f{ i the Bolder of such certificate in writing and by su 'render thereof' when the print pal t.,~ tl i etiilh „c ruec'I ir,tc`rc`si and Il cost; of collection and r•easonahle attorney s fees if• rncuri•ed have been p ud in full Said certificates shall further recite suhstantiall~ that the proceechngs ~~•rth ieferenee to making the rmpro~ ements hay e been i•e~~ular]} had rn compliance ~1 iUr the I ~~ rnd el it all prerequisites to the fixing of the assessment lien against the property described rn such c`r iticatc uid t fie frer•sun~,l hahilit~ of the owners thereof have Lreen perfirr•med and such recitals shall lie prima facie` e~ i lc n +' 1? t1i rn itter~ recited in uc•h certificates and no further proof thereof shall lie required in any cuui•t Said certificates nia~ Kaye conpuns attached thereto ur e~i fen e of each ,r any uf• file seyeial installments thereof or may hat e coupons for ear h cif the first four installments teas TTi~' the main cer•ti(icate to serve for the fifth installment Which coulions may he pay al.Tle to the C t~ of• Fort ~'1 orth ~rr it assigns may be igned with the facsrmile signatures of the D'ia~~or and (~it~ ~ecretarv .u. ~ ~~ .~ 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 units 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, is, 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 Wortii, 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 ~ ~ APPROVED AS TO FORM AND LEGALITY City ttorney • • PROJECT h0.._~021-231#3°.BErJTLEY VILLAGE PARKWAY., UNIT I FROM MEADOWBROOK DRIVE TO I-30. o e improved by constructing a seven-inch- thick reinforced concrete pavement on a six- inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on two thirty=siic foot traffic lanes BLOCK OWNER LOT ZOI~TNG FRONTAGE RATE AMOUNT ASSESSMENT WEST SIDE J M STEINER SURVEY Richard W Ernst Tract 1=E 440 75' adjusted to (drainage easement) et ux Res 404 08' Pavement $39 21 $15 843 98 8225 Meadowbrook Vol 3926 384 08' Curb 1 Ol 387 92 76112 Page 81 404 08' ROW preparation 52 210 12 404 08' Mobilization 4 20 1,697 14 404 08' Storm drain 57 99 23 432 60 404 08' Top soil & seeding 1 38 557 63 404 08' Traffic markers & street lights 3 05 1 232 44 $43 361 83 D C HARRISON SURVEY Randolwood Tracts 1 & 2 400 18' Pavement $39 21 $15,691 06 Investment Co Apt 400 18' Curb 1 O1 404 18 P 0 Box 818 Vol 5428 400 18' ROW preparation 52 208 09 Abilene Tx Page 512 400 18' Mobilization 4 20 1,680 76 79604 400 18' Storm drain 57 99 23,206 44 400 18' Top soil & seeding 1 38 552 25 400 18' Traffic markers & street lights 3 05 1 220 55 $42 963 33 Brentwood Stair Road_i.ntersects Ra~idolwood Tracts 1 & 2 576 91' Pavement $39 21 $22 620 64 Investment Co Comm 546 91' Curb 1 O1 552 38 P 0 Box 818 Vol 5428 576 91' ROW preparation 52 299 99 Abilene, Tx Page 512 576 91 Mobilization 4 20 2 423 02 79604 576 91' Storm drain 57 99~ 33 455 01 576 91' Top soil & seeding 1 38 796 14 576 91' Traffic markers & street lights 3 05 1 759 58 $61 906 76 _1_ PROJECT ow!v~~ WEST SIDE Randolwood Investment Cu P O Box 818 Abilene, Tx 79604 r23173. BEY VILLAGE PARKWAY, UN BLOCK LOT... ZONING FRONTAGE D C HARRISON SURVEY Tract 2-C 464 17' Pavement Comm 434 17' Curb Vol 5424 464 17' ROW preparation Page 745 464 17' Mobilization 464 17' Stara drain 464 17' Top soil & seeding 464 17' Traffic markers street lights Ederville Road intersects RATE AMOUNT ASSESSMENT $39 21 $18 200 11 1 O1 438 51 52 241 37 4 20 1 949 51 57 99 26 917 22 1 38 640 55 3 05 1 415 72 $49,802 99 Randolwood Tract 2-C 1.,726 84' Pavement Investment Co Comm 1,546 84' Curb P 0 Box 818 Vol 5424 1 726 84' ROW preparation Abilene, Tx Page 745 1 726 84' Mobilization 79604 1,726 84' Starm drain 1,726 84' Top soil & seeding 1,726 84' Traffic markers & street lights A, N CURRY ..SURVEY Randolwood Tract 2 265' Pavement Investment Co Ind 255' Curb P 0 Box 81$ Vol 5424 265' ROW preparation Abilene, 'TX Page 745 265' Mobilization 79604 265' Storm drain 265' Top soil & seeding 265' Traffic markers & street lights !~30 intersects EAST SIDE Randolwood Tract 2 265' Pavement Investment Cb Comm 255' Curb P 0 Box 818 Vol 5424 265' ROW preparation Abilene, Tx Page 745 265' Mobilization 79604 265' Storm drain 265' Top soil & seeding 265' Traffic markers & street lights $39 21 1 O1 52 4 20 57 99 1 38 3 05 $67,709 40 1,663 31 897 96 7 252 73 100,139 45 2 383 04 5,266 86 $39 21 $10,390 65 1 O1 257 55 52 137 80 4 20 1,113 00 57 99 15,367 35 1 38 365 70 $185 312 75 3 05 808 25 $39 21 $10 390 65 1 01 257 55 52 i37 80 4 20 1 113 00 57 99 15,367 35 1 38 365 70 3 05 808 25 $28 440 30 $28,440 30 -2= PROJECT NO , _0~1-23173,, _ BE~EY VI~:LAGE PARKWAY ,_ UNIT. I, con BLOCK OWNER L,OT ZONING. FRONTAGE . RATE EAST SIDE D C.HARRISON..SUgVEY Randolwood Tr 2-C 389 74' Pavement $39 21 Investment Go Comm 889 74' Curb 1 O1 P d Box 818 Vol 5424 889 74' ROW Preparation 52 Abilene Tx Page 745 889 74' Mobilization 4 20 79544 889 74' Storm drain 57 99 889 74' Top soil & seedi ng 1 38 889 74' Traffic markers & street lights 3 05 WM WELSH Sl1RVEY Church of Jesus Tract 5-C 657 41' Pavement $39 21 Christ of Latter Res 657 41' Curb 1 O1 Day Saints Vol 6820 657 41' ROW Preparation 52 4401 Loop 820 N Page 1569 657 41' Mobilization 4 20 Fort Worth T~ 657 41' Storm drain 57 99 657 41' Top soil & seeding 1 38 65fi 41' Traffic markers & Street lights 3 05 0 C. HARRISON SURVEY Randolwood Tract 2~C 1,418 97' Pavement $39 21 Investment Co Apt 1 378 97' Curb 1 O1 P 0 Box 818 1101 5428 1,418 97 ROW Preparation 52 Abilene Tx Page 512 1 418 97' Mobilization 4 20 78504 1 418 97' Storm drain 57 99 1 418 97' Top soil & seedi ng 1 38 1 418 97' Traffic Markers & street lights 3 05 Ederville Road nter5ects_ Randolwood Tract 2-C 343' Pavement Investment Co Apt 313'' Curb P O.Box 818 Vol 5428 343' ROW Preparation Abilene, Tx Page 512 343 Mobilization 79604 343 Storm drain 343' Top soil & seeding 343' Traffic markers street lights $39 21 1 O1 52 4 20 57 99 1 38 3 05 AMOUNT ASSESSMENT $34 886 71 898 64 462 66 3 736 91 51,596 02 1 227 84 2 713 71 $95 522 49 $25 777 05 663 98 341 85 2 761 1? 38 123 21 907 23 2 005 10 $70,579 54 $55 637 81 1 392 76 737 86 5 959 67 82 286 07 1,958 18 4 327 86 $152 300 21 $13 449 03 316 13 178 36 1,440 60 19 890 57 473 34 1 046 15 $36 794 18 -3- P~ibJECT NO .0,21=23173,_BE EY VILLAGE PARKWAY, UNIT I, co~ OWNER BLOCK LOT ZONING FRONTAGE EAST SIDE Randolwood Tnvestmant Co P 0 Box 818 Abilene Tx 79604 Tract 1 & 2 Apt Vol 5428 Page 512 Tract 1 & 2 Apt Vol 5428 Page 512 Brentwood.Sta,ir Road intersects Randolwood Investment Co P 0 Box 818 Abilene; Tx 79604 Randolwood Investment Cn P 0 Box 818 Abilene; Tx 79604 Tract 1 Res Vol 5428 Page 512 D C HARRISON SURVEY 568 12 538 12' 568 12 568 12 568 12' 568 12' 568 12' Pavement Curb ROW Preparation Mobilization Storm drain Top soil & seeding Traffic markers & street lights RATE $39 21 1 O1 52 4 20 57 99 1 38 3 05 $22 275 99 543 50 295 42 2 386 10 32 945 28 784 01 446 09' Pavement 436 09' Curb 446 09° ROW Preparation 446 09' Mobilization 446 09' Storm drain 446 09' Top soil & seeding 446 09' Traffic markers & street lights S .C CULVER SURVEY 440 75' 420 75' 440 75' 440 75 440 75' 440 75' 440 75' Pavement Curb ROW Preparation Mobilization Storm drain Top soil & seeding Traffic markers street lights $39 21 1 O1 52 4 20 57 99 1 38 3 05 AMOUNT ASSESSMENT 1 732 77 $60,963 07 $17,491 19 440 45 231 97 1,873 58 25,868 76 6'15 60 1,360 57 $47,882 12 $39 21 $17,281 81 1 O1 424 96 52 229 19 4 20 1 851 15 57 99 25 559 09 1 38 608 24 3 05 1,344 29 $47 298 73 Total cost to property owners (assessments) $ 951 568 60 Total cost to City of Fort Worth Total estimated construction cost $ 553 907 91 $1 505 476 51 _4_ mayor and ~o~,n~~,l ~~mm.~,cn~~at~~n DATE REFERENCE SUBJECT Benefit Hearing - Bentley Villag PAGE NUMBER Parkway - Unit I Meadowbrook 11''24/81 G-5.156 Drive to I-30 _ _ i of 2. On October 28 1981 (M&C C-5969) the City Council declared the necessity for and ordered the. improvements on Project Nos 021-023-173-00 (Engineering) and 029-023-173-00 (Construction) described below A construction contract was awarded to Austin Road Company in the amount of $1 420,260 86 and November 24 1981 was set as the date for the benefit hearing The three adjacent property owners were notified of the hearing by certified mail on November 10 1981 Project Description Roadway ROW Unit Street Li~tit.s Width-Beet Width-Peet I Bentley Village Meadowbrook Drive to 2-36' Lanes 120 to 128 Parkway I-30 W/18' Median Origin of Project On May 20, 1980 (M&C G_4548) the City Council approved the 1980-81 Capital Improvement Program for Street and Storm Drainage Improvements Included in the program is the improvement of Bentley Village Parkway from Meadowbrook Drive north to John T White Road including a new interchange with I-30 This project is the second of three segments of the above .improvements The contract for Unit III I-30 to John T White Road was awarded on September 29 1981 On May 27 1980 (M&C C-5180) an engineering contrast was awarded to Gordon S Swift Consulting Engineer to design and prepare plans and specifications for the entire project Improvements This segment of Bentley Village Parkway will be improved as a double 36' wide thoroughfare by construction of 7 thick concrete pavement with superimposed concrete curb Included are cross-Duets and turn lanes at Brentwood Stair Road, Ederville Road and for two future cross streets and a left turn lane at Meadowbroo~ Drive Also included is a 'Braided Y" for the extension of Meadowbrook Drive eastward Storm drainage improvements consist of 4 666' of concrete pipe and appurtenances Assessments and Enhancements All of the adjacent property on both sides of the st~eeet with the excepition of two parcels, are. owned by one major owner and all zoned 'E and "G" Commercial and "C' Apartment The two parcels in question are approximately 10 acres each and are zoned "Residential" and are speculative property The owners have no immediate plans for development Two of the owners have agreed to dedication of the necessa right-of-way and to assessments on a deferred basis against the property based on normal development policy (Sections IV V and VIII) for an interior street The deferred provision provides for assessments to be payable in 10 equal installments each equal to one-tenth of the total amount of the assessment The first install went shall be due and payable 30 days after completion and acceptance of the DATE REFERENCE SUBJECT Benefit Hearing - Bentley Villag PAGE NUMBER Parkway - Unit I Meadowbrook 2, of 2 G-5156 r'v to I-30 project by the city The remaining 9 equal annual installments along with interest on the unpaid balance calculated at 8% per annum will be due axed payable on the anniversary date of the initial payment Assessments may be prepaid at any time without penalty The staff retained an independent land appraiser to assist the staff in making recommendations as to enhancement of the two smaller tracts of land as a resuli~ of the street improvements The appraisers, Daniels Highfield & Associates have submitted a report, indicating that both parcels of property would enhance in value by more than the proposed assessment upon completion of the project as indicated below Proposed ApPr"aiserBs Owner Assessment Enhancement Dr Richard W Ernst $43 361 83 $45 000 Church of Jesus Christ of Latter Day Saints $70,579 54 $73 000 The staff agrees with the appraisal report and it is also the opinion of the Transportation/Public Works Department that the remaining ,properties will enhance in value by as much or~more than the amount of the proposed assessments resulting from the access provided to I-30 and Meadowbrook Drive and the drainage facili- ties included in the new roadway Recommendation It is recommended that an ordinance be adopted closing the benefit hearing axed levying the assessments as proposed ~ APPROVED BY GG plg CfTY COUNCIL NOV ~4 i981 S-~ .tR ~-- CI ecretary of the C of Fort Wozeh, Texa$ ADOPTED ORDIPIAI~C~ Np ~ ~? SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gar CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT DATE