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Home My WebLink AboutOrdinance 12580 ~~ ~ . r ORDINANCE NO ~® AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF WEISENBERGER STREET (VACEK STREET TO ADOLPH STREET), AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS, FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO 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. WEISENBERGER STREET from Vacek Street to Adolph Sreet, known and designated as Project No. 67-040370, to be improved by constructing aseven-inch thick reinforced concrete pavement with aseven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the fimshed roadway will be forty feet wide on a eighty 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. 1 WHEREAS, concrete curbs and gutters on proper grade and line, storm drains, and other appurtenances shall be constructed. WHEREAS, all unprovements 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 rime, place, and purpose of the hearing was given. WHEREAS, the hearing was held on the 16th day of July, 1996 at 10.00 o'clock A.M. In the Council Chamber of the Crty 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 opimon that the heanng should be closed and the assessments should be made and levied as herein ordered. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT I. The benefit hearing is hereby closed. II. The City Council finds from the evidence (i) that the assessments should be made and levied against the respective parcels of property abutting the streets, avenues, and public places and against the owners of such property; (ii) that the assessments and charges are correct; (iii) that the assessment and charges are substantially m 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 umformity between the owners of the respective parcels of abutting property; (v) that each parcel of abutting property assessed is specially benefitted m 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. 2 III. There shall be, and is hereby, levied and assessed against the parcels of abutting property described in Exhibit "A" attached and dated June 1996, 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 IV Where more than one person, firm or corporation owns an interest m any property described in Exhibit "A", each person, firm, or corporation shall be personally liable only for his or its assessment in the proportion that his or its interest bears to the total ownership interest of the property An interest in jointly owned property may be released from the assessment lien upon payment of the proportionate amount owed. V The amounts described in Exhibit "A" and assessed against the parcels of abutting property and the owners thereof, together with interest at eight percent a year, reasonable attorney's fees and costs of collection, are hereby declared (i) to be and are made a lien upon the parcels of abutting property against which they are assessed, (ii) to be and are made a personal liability and charge against the owners of the parcels of abutting property, whether such owners are correctly named, (iii) to be and constitute the first enforceable lien against the parcel of abutting property on which the assessments are levied, superior to all other liens and claims, except state, county, and school district taxes and city ad valorem taxes. The assessments shall be payable on or before 30 days after the acceptance by the City of Fort Worth of the project; provided, however, an abutting property owner may elect to pay the assessment in five equal, consecutive annual installments. The first installment shall be paid no later than thirty days after the acceptance by the City of Fort Worth of the project. Each subsequent installment shall be paid annually on each anniversary 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 rt immediately payable. Any terms 3 governing any default m the payment of any installment shall be set forth in the mechanic's and V Materialmen's lien contract and shall be uniform among all abutting property owners executing an installment contract. In addition, the City Attorney shall have the authority to authorize terms of payment different than those specified herein when the Director of Transportation and Public Works has previously determined that an extreme financial hardship exists. VI. Any default in the payment of any assessment shall be enforced either (i) by the sale of the parcel of abutting property by the Assessor and Collector of Taxes of the city in the same manner provided for the sale of property for the nonpayment of ad valorem taxes, (ii) at the option of the city or its assigns by suit m any court, or (iii) as provided in the mechanic's and materialman's contract created by this ordinance. The city shall exercise all powers to aid in the enforcement and collection of the assessments. VII. The total amount assessed against the respective parcels of abutting property and the owners thereof is in accord with the proceeding of the city relating to the improvements and assessments thereof and is less than the proportion of the cost allowed and permitted by the law VIII. Although charges have been fixed, levied, and assessed as stated, the Crty Council hereby reserves the right to reduce the assessments by allowing appropriate credits to certain property owners. Even though the Crty Council reserves the right to issue credits, rt shall not be required to issue credits, and will not do so if the credits are megmtable or discrinunatory 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 m 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, 4 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 m 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 m certificate and against personal habilrty of the owners have been completed. The recitals shall be prima facie evidence of all matters recited m the certificates, and no further proof shall be required in any court. 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 Crty Secretary The certificates shall also recite that the city shall exercise all powers to aid m 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, mvalidities or irregularities, either in the assessments or in the certificates. 5 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 umt upon which the respective parcels of property abut, and the assessments for the improvements in any umt are not affected by the assessments or improvements m any other unit. In making assessments and in holding the benefit hearing, the amounts assessed for improvements in any one umt have not been connected with the improvements or assessments for improvements in any other umt. XIII. The assessments are levied under the provisions of Chapter 13 of the Texas Transportation Code, which stature 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 file this Ordinance m the appropriate Records of the City XV The ordinance shall take effect and be in full force after the date of its passage, and rt is so ordained. 6 PASSED AND APPROVED this -~/ day of 19~ APPROVED AS TO FORM AND LEGALITY: ~~~ ~/" ' ~ ~. City Attorney Date• Adopted: " /- ~/®°' ~l~ Effective• F" ~ asn`~ Y 14 ,~ , ACCESS RO s ~i~ Jet ~• IS Ali ~1l ~le X11 X70) S~ i~ li• ~ 1~ t~_' t 7 ~ a s i J • 1 ,o 11 17 1) U /S .li /J t• 11 70 is ,i tJ tet.+ 7o U ..~.71~j~ ~ ~ %WEI SENBERGEF _ ! - - aq i J e 1 t , 1 7 ~ a~ s i t e 1 i4 V ,1 O~ ~ U ' ~ SE U VE C ~ SA ~5~ ~Q b" 0 .~M~~~t ~ ~4'y ~1~NZ G 1 7 ~ a s i ~ • + t t, t7 ,~ ,. is ti tJ a t1 70 Rv ~ t 7 3 a 5 i 7q x ,~ 7 ~ . s il5 a a p tt t7 a ,a is WEISENBERGER STREET (Vacek Street to Adot ph Street) Project No. -67-0403.70 ~ t1 7 , W a' ',~ a 7 S !t i ~~ o ~ • 1 ,o tt t7 ,~ -~ , 7 a it S is i u ~ » • t7 ,a oaKOra Exhibit A Juo~e 1996 f WEISENBERGER STREET (VACEK STREET TO ADOLPH STREET) PROJECT NO. 67-040370 Weisenberger Street (Council District 9) is a local street situated in an industrial area. It is being designed with a thicker pavement than the local street standard. The street is being widened from thirty feet wide to forty feet wide. The Policy states that wren land use demands the reconstruction of a stronger pavement section than that of a standard local street, noru~esidential properties maybe .subject to assessment based on specific enhancements determined by appropriate documentation. Assessments against residential properties and publicly-owned properties will be levied on the same basis as non-residential properties b~~t will be waived after ten years if the property use has not changed. -1- PROJECT N0. 6'~-040370, WEISENBERGER STREET FROM VACEK STREET TO ADOLPH STREET is proposed to be improved by constructing a seven-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 road- iray will be forty feet wide on an eighty foot width Right-of-way Six-inch thick reinforced concrete driveway approaches and four-inch thick concrete sidewalk will be constructed where shown on the plans OWNER & LEGAL DESCRIPTION ZONING ------------------------- ------ FRONTAGE -------- RATE AMOUNT ASSESSMENT BEGINNING AT VACEK STREET ------------------ ---- ------ ---------- ---------- NORTH SIDE ------------------ Property #1 ------- 000003376702 M & M MANUFACTURING 200 ADOLPH ST J 150 00'PAVEMENT ° ~( 4 ~50~~ 6975.00 FT WORTH TX 76107 150.00'CURB _-3-`46 519 00 BLK 9 LOTS 11 THRU 13 628.70'SF DR APPR ~ 2.67 1678.63 280.00 SF SDWK(R) 2 14> 599.20 9771 83 LESS CREDIT 299.60 9472.23 ENHANCEMENT 6000 00 6000.00 WEISENBERGER ADDITION ADJUSTED:COMMERCIAL BUSINESS ---------------------------- 000005607442 ------------------- Property #2 ------ M & M BLDG & EQUIP C 200 ADOLPH ST J 350.00'PAVEMENT 46.50 1.6275.00 FT WORTH TX 76107 334.00'CURB 3.46 1155.64 BLK 9 LOT lORl 678.05'SF DR APPR 2.67 1810.39 1068.00 SF SDWK(R) 2.14 2285.52 21526.55 LESS CREDIT 1142.76 20383.79 ENHANCEMENT 14000.00 14000.00 WEISENBERGER ADDITION ADJUSTED:COMMERCIAL BUSINESS, (1) BEGINNING AT VACEK STREET ---------------------------- SOUTH S I DE ------------------- Property #3 ------ 000003377180 KATHRYN M STALL 3841 ARUNDERL AVE J 150.00'PAVEMENT 46 50 6975.00 FT WORTH TX 76109 150.00'CURB 3 46 519.00 BLK 14 LOTS 1 THRU 3 163.70'SF DR APPR 2.67 437.08 7931.08 ENHANCEMENT 6000.00 WEISENBERGER ADDITION ADJUSTED:COMMERCIAL BUSINESS 6000.00 - ~- OF1;~~R & LEGAL DESCRIPxION ZONING FRONTAGE RATE AMOUNT ASSESSMENT ., Ob0003377199 Property #4 CHARLES A JR ETAL WEISSENBORN 4731 CAMP BOWIE BLVD J 100 00'PAVEMENT 46.50 4650 00 FT WORTH TX 76107 100 00'CURB 9.40 940 00 BLK 14 LOTS 4 & 5 482.40'SF DR APPR 4.06 1958.54 7548 54 LESS CREDIT 3481 33 4067.21 ENHANCEMENT 4000.00 4000 00 WEISENBERGER ADDITION ADJUSTED:COMMERCIAL BUSINESS, NOTE (3) ---------------------------- 000003377202 ------------------- Property #5 -_----- C A WEISSENBORN JR 4731 CAMP BOWIE BLVD J 50.04'PAVEMENT 46.50 2325.00 FT WORTH TX 76107 50 00'CURB 9 40 470.00 BLK 14 LOT 6 131 75'SF DR APPR 4.06 534 91 3329.91 LESS CREDIT 581 25 2748.66 ENHANCEMENT 2000.00 2000.00 WEISENBERGER ADDITION ADJUSTED:COMMERCIAL BUSINESS ---------------------------- 000005712289 ------------------- Property #6 ------ C A JR & C ALEXAN WEISSENBORN 4731 CAMP BOWIE J 50.00'PAVEMENT 46.50 2325.00 FT WORTH TX 76107 50.00'CURB 9.40 470.00 BLK 14 LOT 7 131.75'SF DR APPR 4.06 534.91 3329.91 LESS CREDIT 581 25 2748.66 ENHANCEMENT 2000.00 2000.00 WEISENBERGER ADDITION ADJUSTED:COMMERCIAL BUSINESS -3- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE A~iOUNT~ ASSESSMENT 000005881587 ~P~Y ~ EDYTHE COHEN 4343 BELLAIRE DR S APT 23 J 100.00'PAVEMENT 46.50 4650.00 FT WORTH TX 76109 94.00'CURB 3.46 325.24 BLK 14 LOT lOR 279.95'SF DR APPR 2.67 747.47 (PREVIOUSLY LOTS 9 & 10) 260.00'SF SDWK(R) 2.14 556.40 6279.11 ENHANCEMENT 4000.00 4000.00 WEISENBERGER ADDITION ADJU5TED:COMMERCIAL BUSINESS, NOTES (1) 000003377210 '~Y ~ CAROLYN DOW PO BOX 583 J 50.00'PAVEMENT 46.50 2325.00 MINERAL WELLS TX 76068 50.00'CURB 3.46 173.00 BLR 14 LOT 8 93.95'SF DR APPR 2.67 250.85 2748.85 ENHANCEMENT 2000.00 2000.00 WEISENBERGER ADDITION ADJUSTED:RESIDENCE -4 WEISENBERGER STREET FROM VACEK STREET TO ADOLPH STREET PROJECT N0.67-040370 COST DISTRIBUTION A. COST TO PROPERTY OWNERS.. B. COST TO THE CITY OF FORT WORTH. Street Improvements,..... ...... $ 73,270.00 Engr Insp./Admin. .. $11,327.00 (10% Estimated Project Cost of $113,270.00) C. TOTAL ESTIMATED PROJECT COST NOTES: (1) Curb Inlet Credit. SIDEWALK: Fifty percent (50%) is given for replacement of sidewalks. ... .$ 40,000.00 $ 84, 597 ~ $124,597 00 -5- ROBERT MARTIN, PH.D. ~. ''4/ October 30, 1995 Ms. Martha Lunday Department of Transportation and Public Works The City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Project Description PROJECT NO 67-040370, WESEINBERGER STREET FROM VACEK STREET TO ADOLPH STREET, to be improved by constructing a seven 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 forty feet wide on an eighty foot width Right of Way Six inch thick reinforced concrete driveway approaches and four inch thick concrete sidewalk will be constructed where shown on the plan. Dear Ms. Lunday In accordance with your request and authorization, we have completed an enhancement study of the above captioned property for the purpose of estimating the special benefit (if any) to the unencumbered fee simple title of the properties that are the subject of this analysis. This study has been developed in conformity with all requirements of the guidelines promulgated by The Texas Appraiser Licensing and Certification Board, Texas Real Estate Commission, and the Uniform Standards of Professional Appraisal Practice. The following report sets forth our findings and conclusions derived from the gathered factual data, together with such supporting documents considered essential to explain the logic and reasoning followed in making the study and the conclusions herein represented. The enhancement study is substantively different from conventional appraisal assignments. The most important difference is that, under the enhancement assignment, no real property is being bought or sold. What has occurred is that an offsite improvement (street, etc) has "worn out" and must be replaced. An enhancement study focuses on this decision process. The appraiser was instructed to examine the relevant facts and determine if any special benefit could be found from the construction of a municipal improvement (a street) immediately adjacent to the subject property The Enhancement Method Used in This Report The Texas courts describe the method an analyst should use when testing for "enhanced benefit." The analyst has followed these steps and reached these conclusions. 1. Determine if an active market exists for the subiect pronerty; The Fort Worth Land market was surveyed. It was determined that no active land market existed for the properties that are subject of this report. 2. Determine the appropriate definition of value; Using appropriate techniques, the analyst applied the definition of market value as generally recognized by Texas courts. That definition being "market value." 3. Conduct a Highest and Best Use Analysis of.the subiect aronerty; The analyst conducted a Highest and Best Use analysis on each of the subject properties. It was concluded that there would be no change in the Highest and Best Use of the subject properties in the foreseeable future. 2321 SOUTHEAST EIGHTH STREET, SUITE 150 POSTAL BOX 1831 GRAND PRAIRIE, TEXAS 75051 (214) 642-9272 MOBILE (214) 533-0862 FAx (214) 264-4356 4_ Exclude purely speculative uses: ,` ~~ In this assignment, the analyst considered only those uses that were instantly available and to which the property could be put in its present condition. Thus, the analyst made no speculative conclusions in the preparation of Phis assignment. 5. Determine the amount of the special benefit, if anY Enhancement Summary Market Market Value Value Special Market PSF PSF Benefit Value With Without Access Access Prop.l 31950 $1.50 $1.22 $6,000 Prop.2 103838 $1.13 $0.97 $14,000 Prop.3 32175 $1.50 $1.22 $6,000 Prop.4 21450 $1.50 $1.22 $4,000 Prop.S 6512 $0.91 $0.63 $2,000 Prop.6 10500 $1.50 $1.21 $2,000 Prop.? 22500 $1.50 $1.23 $4,000 Assumptions and Limiting Conditions The analysis has been conducted under the assumption that the subject street has reached a point of replaceable depreciation and must be rebuilt. The nature of an enhancement assignment is to determine the mazket value of suoplying public access to a tract of land. The certification of the analyst submitting this report is subject to the following conditions. 1. The analyst assumes no responsibility for matters of a legal nature affecting the property appraised or the title thereto, nor does the analyst render any opinion as to the title, which is assumed to be.good and marketable. The property is appraised as though under responsible ownerships. 2. Any and all sketches in this report may show approximate dimensions and is included to assist the reader in visualizing the property The analyst is not a registered surveyor and thus, has made no survey of the property 3. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilizations. The separate valuations for land and improvements must not be used in conjunction with any other analysis and are invalid if so used. 4 The analyst assumes that there are no hidden or unappazent environmental conditions of the property, subsoils, or structures, which would render it more or less valuable. The analyst assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. 5. The analyst assumes that there aze no hidden or unappazent conditions of the property, subsoils, or structures, which would render it more or less valuable. The analyst can assume no responsibility for such conditions, or for engineering which might be required to discover such factors. 6. Information, estimates, opinions furnished to the analyst, and contained in this report, were obtained in good faith from sources considered reliable and believed to be true and correct. However, the analyst can assume no responsibility for the accuracy of such items. ENHANCEMENT STUDY PAGE 2 Jun-18-96 O1:15P Dr. Robert Martin 6427411 P.O3 The Enhancement Iiethod Used in This Asended Report The Texas courts describe the method an analyst should use when testing far "enhanced benefit." The analyst has followed these steps and reached these conclusions. ~ pg~ermine if an active market exists for the s~j_ect property: The Fort Worth Land market was surveyed. It was determined that no active land market existed for the properties that are subject of this report. ~ Determine t e appropria~g d~~nition of value; Using appropriate techniques, the analyst applied the definition of market value as generally recognized by Texas courts. That definition being "market value." 3. Conduct a H~,ghest and Best Use Analysis of the subject ~rope,~_ The analyst conducted a Highest and Best Use analysis on each of the subject properties. It was concluded that there would be no change in the Highest and Best Use of the subject properties in the foreseeable future. 4• Exc ~d Dureiy speculative uses; In this assignment, the analyst considered only those uses that were instantly available and to which the property could be put in its present condition. Thus, the analyst made no speculative conclusions in the preparation of this assignment. ~,. Determine t_he amount of the special ben~fit~ if a~,y. Enhancement Summary Prop.B Market Value Market PSF Value With Access 10,724 $i.50 Market Value Special PSF Benefit without .Access $1.35 $2,000 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE LOG NAME PAGE 07/16/96 NuMSER Bli-0153 2oBHWEIS 1 of 2 SUBJECT BENEFIT HEARING FOR. THE ASSESSMENT PAVING OF WEISENBERGER STREET FROM VACEK STREET TO ADOLPH STREET (PROJECT NO 67-040370) RECOMMENDATION It is recommended that the City Council adopt an ordinance that Closes the benefit hearing, and 2 Levies the assessments as proposed, and 3 Acknowledges that in each case the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Weisenberger Street from Vacek Street to Adolph Street DISCUSSION Weisenberger Street from Vacek Street to Adolph Street was added to 1986 CIP in response to a petition from the owners of 50 percent of the abutting property, the project is to be financed from District 9 Undesignated Funds The street is not located in a qualified area and has not previously been constructed to City standards Community Development Block Grant (CDBG) Funds will not be utilized to provide a portion of the construction cost Weisenberger Street (Adolph Street to Vacek Street) is a local street situated in an industrial area It is being designed with a thicker pavement than the local street standard Standard concrete driveways and sidewalks will be built where shown on the plans All abutting properties are being assessed The assessment against the one residence will be waived after ten years if the use has not changed On June 18, 1996, (M&C G-11502), the City Council established July 16, 1996, as the date of the benefit hearing Notice was given in accord with the provision of Chapter 313 of the Texas Transportation Code An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements Based on the Assessment Paving Policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is Property owner's share City's share of cost Total cost of cost $ 40,000 00 (32%) $ 84,597 00 (68%) $124,597 00 (100%) Printed on Recyded Paper City of Fort Worth, Texas Mayor and Council Communication DATE 07/16/96 REFERENCE N~ER BH-0153 LOG NAME 20BHWEIS PAGE 2 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF WEISENBERGER STREET FROM VACEK STREET TO ADOLPH STREET (PROJECT NO 67-040370) There are no unusual situations on this project that require special City Council consideration This project is located in COUNCIL DISTRICT 9 MG•f Submitte or City Managers FUND ACCOUNT CEN'T'ER OUNT CI SECRET Y Office by: (to) Mike Groomer 6140 APPROVED Originating T~partment Head: CITY GQU NC~L Hugo A. Malanga 7800 (from) ,lUL y6 1996 or bona ormahon C ontact: ~~ ~ Hugo A. Malanga 7800 of tiro Gity of l; ore warm, -rexas Printed on Recyded Paper Adopted Ordenance No, ~V