HomeMy WebLinkAboutOrdinance 11205
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ORDINANCE N0. ~~~~
~~ ` i Y
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF
THE COST OF IMPROVING A PORTION OF LUXTON STREET FROM VICKERY BOULEVARD
TO DEAD-END, 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 FILE THIS
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•
LUXTON STREET from Vickery Boulevard to the Dead-End, known and designated
as Project No 11-040293, to be improved by constructing a
six-inch thick reinforced concrete pavement with a
seven-inch high attached concrete curb over a six-inch thick
lime stabilized subgrade so that the finished roadway
will be thirty feet wide on a sixty 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.
A ~~
WHEREAS, concrete curbs and gutters on proper grade and line, storm drains,
and other appurtenances shall be constructed.
WHEREAS, all improvements will be constructed strictly according to approved
Plans and Specifications.
WHEREAS, estimates of the cost of the improvements to the streets, avenues, and
public places were prepared, filed, approved, and adopted by the City Council.
WHEREAS, the proper notice of the time, place, and purpose of the hearing was
given.
WHEREAS, the hearing was held on the 17th day of November, 1992 at 10:00
o'clock A.M in the Council Chamber of the City of Fort Worth; and at the hearing the
Council permitted all interested parties a full and fair opportunity to be heard.
WHEREAS, the City Council, having fully considered all the matters presented
during the hearing, is of the opinion that the hearing should be closed and the
assessments should be made and levied as herein ordered..
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, THAT:
I.
The benefit hearing is hereby closed
II.
The City Council finds from the evidence (i) that the assessments should be
made and levied against the respective parcels of property abutting the streets,
avenues, and public places and against the owners of such property; (ii) that the
assessments and charges are correct; (iii) that the assessment and charges are
substantially in proportion to the benefits conferred to the respective parcels of
abutting property by the improvements in the unit in which the assessments are levied,
(iv) that considering the benefits received and the burdens imposed, the assessments
establish substantial justice, equality, and uniformity between the owners of the
respective parcels of abutting property; (v) that each parcel of abutting property
assessed is specially benefitted in the enhanced value of the improvements in a sum of
money in excess of the sum for which the assessment is levied and the charge made;
(vi) that the apportionment of the cost of the improvements is in accord with city
ordinances, and (vii) that the proceedings of the city for the improvements are valid
III.
There shall be, and is hereby, levied and assessed against the parcels of
abutting property described in Exhibit "A" attached and dated September, 1992, and
against the owners thereof, whether named or incorrectly named, the sums of money
itemized opposite the description of the respective parcels of abutting property
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IV
Where .more than one person, firm or corporat°i on owns an interest in 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 annivesary date of the acceptance of the project In the alternative, an
abutting property owner may elect to pay the assessment in 49 equal, consecutive
monthly installments, the first installment to be paid no later than thirty days
after the acceptance by the City of Fort Worth of the project Any owner electing to
pay the assessment in installments, must execute a promissory note and mechanic's and
materialman's lien contract evidencing the owner's intent to pay the assessment in
accord with the terms of one of the installment alternatives If the owner elects to
pay the assessment in installments under either alternative, the assessment shall
bear interest from the date of acceptance of the project at the rate of eight percent
per year Should any installment not be paid on its due date, the City of Fort
Worth shall have the option to accelerate the entire unpaid balance of the
assessment and declare it immediately payable Any terms governing any default in
the payment of any installment shall be set forth in the mechanic's and materialmen's
lien contract and shall be uniform among all abutting property owners executing an
installment contract
In addition, the City Attorney shall have the authority to authorize terms of
payment different than those specified herein when. the Director of Transportation and
Public Works has previously determined that an extreme financial hardship exists
VI
Any default in the payment of any assessment shall be enforced either (i) by
the sale of the parcel of abutting property by the Assessor and Collector of Taxes of
the city in the same manner provided for the sale of property for the nonpayment of ad
valorem taxes, (ii) at the option of the city or its assigns by suit in any court, or
(iii) as provided in the mechanic's and materialman's contract created by this
ordinance The city shall exercise all powers to aid in the enforcement and
collection of the assessments
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ti
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 City
Council hereby reserves the right to reduce the assessments by allowing appropriate
credits to certain property owners. Even though the City Council reserves the right
to issue credits, it shall not be required to issue credits, and will not do so if the
credits are inequitable or discriminatory The principal amount of each assessment
certificate issued by the city shall be determined by deducting any credit from the
amount of the assessment
IX
To evidence the several sums assessed against the respective parcels of
abutting property and the owners thereof, and the time and terms of payment, and to
aid in their enforcement and collection, the city shall issue, upon completion and
acceptance of the project, assignable certificates in the amount of the respective
assessment less any credits allowed The certificates shall be executed in the name
of the city by the Mayor, attested by the City Secretary, and impressed with corporate
seal of the city The certificate shall be payable to the City of Fort Worth or its
assigns, and shall declare the amounts, time and terms of payment, rate of interest,
and the date of the completion and acceptance of the improvements abutting the parcel
of property for which the certificate is issued Moreover, the certificate shall
contain the name of the owner or owners, if known, and the description of the property
by lot and block. number, front feet, or as may otherwise identify the property
Property owned in the name of an estate may be assessed in that name No error or
mistake in describing any property, or in giving the name of any owner shall
invalidate or impair the certificate for the assessments levied
The certificate shall provide that if it is not paid promptly upon maturity,
it shall be collectable, with reasonable attorney's fees and costs of collection In
addition, the certificate shall provide that the amount evidenced in it shall be paid
to the Assessor and Collector of Taxes of the City of Fort Worth, who shall issue a
receipt as evidence of payment The Assessor and Collector of Taxes shall deposit the
sums he receives with the City Treasurer to be kept and held in a separate fund
After any payment on a certificate is made to the city, the Assessor and Collector of
Taxes, upon presentation of the certificate, shall endorse the certificate to show the
payment If a certificate is assigned, the holder shall be entitled to receive from
the City Treasurer the amount paid by presentation of the certificate endorsed and
credited, and the endorsement and credit shall be the Treasurer's Warrant for making
the payment The payments by the City Treasurer shall be receipted for the holder of
the certificate in writing and by surrender when the principal, together with accrued
interest and all costs of collection and reasonable attorney's fees, have been paid
The certificate shall further recite that the proceedings for making the
improvement were held in compliance with the law, and that all prerequisites for
fixing the assessment lien against the property described in certificate and against
personal liability of the owners have been completed. The recitals shall be prima
facie evidence of all matters recited in the certificates, and no further proof shall
be required in any court
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The certificates may have coupons attached to evidence any installment or may
have coupons for (i) each of the first four installments, leaving the main certificate
to serve as the fifth installment coupon, (ii) or each of the first 48
installments leaving the main certificate to serve as the 49th installment coupon
The coupons may be payable to the City of Fort Worth, or its assigns The
certificates may be signed with the facsimile signatures of the Mayor and City
Secretary
The certificates shall also recite that the city shall exercise all powers to
aid in the enforcement and collection of the certificate Recitals need not be in any
exact form, but in substantial compliance with this ordinance
X
The city has power to make and levy assessments and to correct mistakes,
errors, invalidities or irregularities, either in the assessments or in the
certificates
XI
All assessments levied are a personal liability and charge against the owners
of the property described in Exhibit "A", even though the owners may not be named or
may be incorrectly named Failure to make improvements in front of an abutting
property that is exempt from assessment will not invalidate the lien or liability for
assessments made against other abutting property
XII
The assessments levied are for the improvements in the particular unit upon
which the respective parcels of property abut, and the assessments for the
improvements in any unit are not affected by the assessments or improvements in any
other unit
In making assessments and in holding the benefit hearing, the amounts assessed
for improvements in any one unit have not been connected with the improvements or
assessments for improvements in any orher unit
XIII.
The assessments are levied under the provisions of TEX REV CIV STAT
ANN art 1105b (Vernon 1964), which statute has been adopted as an amendment to and
made a part of the Charter of the City of Fort Worth
XIV
The City Secretary is directed to file this Ordinance in the appropriate Records
of the City
XV
The ordinance shall take effect and be in full force after the date of its
passage, and it is so ordained
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PASSED AND APPROVED this ~ ~Z day of ~v 19~
APPROVED AS TO FORM AND LEGALITY
Date ----------------------------
Adopted -~/-~/~ ~~-------
Effective -----------------------
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LUXTON STREET
(VICKERY BOULEVARD TO THE DEAR END)
PROJECT N0. 11-040293
EXHIBIT A
SEPTEMBER 1992
LII%TON STREET
FROM VICKERY BOOLEVARD TO THE DEAD END
PROJECT N0. 11-040293
CITY ASSESSMENT PAVING POLICY
The Assessment Paving Policy establishes four methods of
determining assessments. Under this policy assessments cannot
exceed:
(a) The computed rate.
(b) The enhancement to the property.
(c) For residential property; twenty percent (20$) of the
property values as determined by the Tarrant Appraisal
District
(d) For commercial property located within a target area;
forty percent (40$) of the property values as determined
by the Tarrant Appraisal District
All replacement of sidewalks is at 50$ cost to the property owner
and 50$ cost to the City.
-1-
PROJECT NO .,, 11-040293, LUXTON STREET FROM VICRERY BOULEVARD TO THE DEAD END, to be improved by
constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached
concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway
will be thirty feet wide on a sixty foot width Right-Of-Way. Six-inch thick concrete driveway
approaches and four-inch thick sidewalks will be constructed as shown on the plans.
OWNER 5 LEGAL DESCRIPTION
BEGINNING AT BESSIE STREET
EAST SIDE
0000001064649
R. B. WILLIAMS
1550 EDISON STREET
ZONING FRONTAGE
PROPERTY #1
I
FORT WORTH, TEXAS 75207-3796
GLENWOOD ADDITION
BLR 25 LT 18
40$ TAD OF 54,989 = 21,995
NOTE: 2,000.00 WAS PREVIOUSLY
ASSESSED - RECONSTRUCTION OF
BESSIE
110 00' PAVEMENT
110.00' CURB
163.70 SF DR APPR
LESS CREDIT
COMPUTED ASSESSMENT
ENHANCEMENT
RATE
36 55
2.75
3.75
AMOUNT
4,020,50
302.50
613 88
4,936.88
916.38
4,020.50
21,995 00
4,400.00
ASSESSMENT
4,020 50
ADJUSTED: COMMERCIAL BUSINESS (1)
-----------------------------------------------------------------------------------------------
PROPERTY #2
0000001064495 B
DAN BOWEN ETUX DORIS
1504 STELLA STREET
FORT WORTH, TEXAS 76104-1738
GLENWOOD ADDITION
BLK 25 LT 1
40$ TAD OF 13,102 = 5,240.00
NOTE: 1,441.32 WAS PREVIOUSLY
ASSESSED - RECONSTRUCTION OF
STELLA
100 00' PAVEMENT 36 55 3,655.00
84.00' CURB 2.75 231 00
400 00 SF SDWK(R) 2.68 1,072 00
4,958 00
LESS CREDIT 1,159 32
COMPUTED ASSESSMENT 3,798 68
5,240 00
ENHANCEMENT 4,000 00
3,798.68
ADJUSTED COMMERCIAL APARTMENT {2)
------------------------------------------------
STELLA STREET INTERSECTS PROPERTY #3
0000001065912 B
GOSPEL TABERNACLE CHURCH 100 00' PAVEMENT 11.72 1,172 00
1501 STELLA STREET 84 00' CURB 99 83 16
FORT WORTH, TEXAS 76104-1738 ------'--
GLENWOOD ADDITION
BLK 39 LT 15
20$ TAD OF 165,054 = 33,010
NOTE: 8,000 00 WAS PREVIOUSLY
ASSESSED - RECONSTRUCTION OF
STELLA
COMPUTED ASSESSMENT 1,255 16
33,010 00
ENHANCEMENT -0-
-0-
ADJUSTED: CHURCH EXEMPT (2)(3)
-~-
OWNER S LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
BEGINNING AT NORTH END AT DEAD END
WEST SIDE
0000000672394 B
W PAT CROW FORGINGS INC
4645 N CENTRAL EXPWY
DALLAS, TEXAS 75202
40$ TAD OF 563,209 = .225,283
NOTE: 6,400 00 WAS PREVIOUSLY
ASSESSED - RECONSTRUCTION OF
STELLA
CROW, W PAT FORGINGS INC SUB
BLK 1 LT 1
ADJUSTED: COMMERCIAL BUSINESS (2)
------------------------------------------------
STELLA STREET INTERSECTS PROPERTY #5
5968.90
0000001064444 B
GOSPEL TABERNACLE CHURCH 100.00' PAVEMENT 11.72 1,172.00
1501 STELLA STREET 84.00' CURB .99 83.16
FORT WORTH, TEXAS 76104-1738 ---------
1,255 16
20$ TAD OF 12,450 = 2,490 2,490.00
NOTE: 2050 86 WAS PREVIOUSLY =________
ASSESSED - RECONSTRUCTION OF ENHANCEMENT -0-
5TELLA -0-
GLENWOOD ADDITION
BLK 24 1/2 LT 6
ADJUSTED' EXEMPT CHURCH PLAYGROUND (2)(3)
------------------------------------------------
PROPERTY #6
0000001064452 I 87 00' FRONTAGE
CHARLES R ARMSTRONG 43 50' PAVEMENT 36 55 1,589 93
1421 E VICKERY BLVD 43 50' CURB 2 75 119.63
FORT WORTH, TEXAS 76104-1657 241.20 SF DR APPR 3 75 663.30
GLENWOOD ADDITION
BLK 24 1/2 LT 7
ADJUSTED: COMMERCIAL BUSINESS (4)
-3-
PROPERTY $4
153.00' PAVEMENT 36.55 5,592 15
137.00' CURB 2.75 376.75
COMPUTED ASSESSMENT 5,968.90
225,283.00
ENHANCEMENT 6,120.00
COMPUTED ASSESSMENT 2,372.86
40$ TAD OF 61,596 = 24,638 00
ENHANCEMENT 3,480 00
2372.86
~:
LUXTON STREET
FROM VICRERY BOULEVARD TO THE DEAD END
PROJECT N0. 11-040293
CAST DISTRIBUTION
A. COST TO PROPERTY OWNERS. ...... .... ............ ...$16,160.94
B. COST TO THE CITY OF FORT WORTH..... ... ............ $41,039.06
Street Improvements .... .. ......... ..$35,839 06
Engr. Insp./Admin ...... .. .. ... .. .. ..$ 5,200.00
(10~ of Estimate $52,000 00)
C. TOTAL ESTIMATED PROJECT COST . ... ........... ... ... $57,200.00
NOTES
1. TA245 - Traffic Approval dated June 18, 1982. 100$ credit is given for
replacement of curb and driveway approach.
2. Curb inlet credit.
3. Tax-exempt places of worship are assessed at 50$ of the residential
rate:
$23 44 @ 50$ _ $11 72 for pavement
$ 1 98 @ 50$ _ $ .99 for curb
4 Assessment is adjusted for a triangular shaped lot.
-4-
I
City of Fort Worth, Texas
Mayor and Council Communication
11/17/92
BH-0111
BHLUXT
loft
I SUBJECT I BOULEVARDETOIDEAD~ENDH(PROJECTMNOT 11~040293)~UXTON STREET FROM VICKERY
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance that:
1. 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 Luxton
Street from Vickery Boulevard to Dead-End
DISCUSSION:
The 1990 Capital Improvement Program included funds for the improvement of Luxton
Street from Vickery Boulevard to Dead-End. The street is located in the Near Southeast
Target Area and has never previously been constructed to City standards. Community
Development Block Grant (CDBG) Funds wi11 .provide a portion of the construction cost.
One- and two-family residences are not assessed.
Luxton Street will be constructed with standard concrete pavement. Standard concrete
driveways and sidewalks will be built where shown on the plans.
On October 13, 1992 (M&C G-9886), the City Council established November 17, 1992, as
the date of the benefit hearing. Notice was given in accord with Article 1105b,
Vernon's Annotated Civil Statutes.
An independent appraiser has provided a report that documents the enhancement to
property values which results from the improvements. Based on standard City policy,
the City Engineer's estimate, and the advice of the independent appraiser, the division
of estimated construction cost is:
Property owners' share of cost $ 16,160.94 ( 28%)
City's share of cost $ 41 039.06 72%
Total cost 57,200.00 100%
-~~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
11117/92 REFEREN E NUMBER
BH-0111 LOG NAME
20BHLUXT PAGE
2 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT
BOULEVARD TO DEAD-END PROJECT N0. PAVING OF LUXTON STREET FROM VICKERY
11-040293
There are no unusual situations on this project that
consideration.
The project is in DISTRICT 8.
MG:w require special City Council
Su tte for C ty Manager`s FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to
APPROVED
Mike Groomer 6140 ~
~
Or g Hating Department Nea l
V~~~ C~Ui~
1 7 19y2
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Gary Santerre 7804 rom d
NO
opted Ordina~~~
For Add t
i ional Information Y c¢tha
Contact : City 8eczeta.y
of~Faxt~crth, Texas
Cit
Gary Santerre 7804
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~~- Printed on recycled paper