HomeMy WebLinkAboutOrdinance 11114.,._, .
ORDINANCE NO ~L~LJ~,~=-1-
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF
THE COST OF IMPROVING A PORTION OF WEST CAPP5 STREET FROM HEMPHILL
STREET TO ST LOUIS STREET, AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES TN THE CITY OF FORT WORTH, TEXAS, FIXING
CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, A'ND 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
WEST LAPPS STREET from Hemphill Street to St Louis Street, known and designated
as Project No 67-040251,. 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 twenty-four feet wide on a forty 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
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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, flied, 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 16th day of June, 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 ail 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 ~' ., 1`""`h°o~,:.;~~~„
abutting property described in Exhibit "A" attached and dated Marc ~~~ ~~
against the owners thereof, whether named or incorrectly named, the s ~~''~'f ~none ~ $'
itemized opposite the descri tion of the res ective arcels of abuttin ert ~~'~1'"~.~ :~
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IV
Where more than
property described in
personally liable only
interest bears to the
jointly owned property
proportionate amount owe
•
one person, firm or corporation owns an interest in any
Exhibit "A", each person, firm, or corporation shall be
for his or its assessment in the proportion that his or its
total ownership interest of the property An interest in
may be released from the assessment lien upon payment of the
3
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 enforc ~'-e3-.them (i) by
the sale of the parcel of abutting property by the Assessor and Collt~'r of Ta"k"es-~-rv~.o:f
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the city in the same manner provided for the sale of property for tl~e nonpa~yme~nt,~~o~f~~ad
valorem taxes, (ii) at the option of the city or its assigns by suit ~'~~~an~y~cpurt, o~r
(iii) as provided in the mechanic's and materialman's contrac creat"e~dg+~u~b ~'"~t'hi~s
tt ~'~~'~ b
ordinance The city shall exercise all powers to aid in tle~~,en~~o~~r;cement a.nd
collection of the assessments ~~ ~°a9 ~.a~~ f
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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, hive been paid
The certificate shall further recite that the proceedings"~6',i1~o x^+^~mak~ing the
improvement were held in compliance with the law, and that all p~r~~Cequisi~t~es,~f~~for
fixing the assessment lien against the propert described in certifi-Fate ~and~; a ainsrt
personal liability of the owners have been completed The recit 1~~ st~~a~ll' be-,3yp~ri~ a
facie evidence of all matters recited in the certificates, and no Cfu,r`bhez~~proof..,~,shadl
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
which the respective parcels of property abut, and the
improvements in any unit are not affected by the assessments or
other unit
In making assessments and In holding the benefit hearing,
for improvements in any one unit have not been connected with
assessments for improvements in any orher unit
XIII
particular unit upon
assessments for the
improvements in any
the amounts assessed
the improvements or
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 engross and enroll this ordinance by copying
the caption in the Minute Book of the City Council and by filing-t.he complete
Ordinance in the appropriate Records o~f the City ~` ~"`~,~ ~ ~B"°'~ ~- „„<,,~U
The ordinance shall take effect and be in full force after, th-e date of its
passage, and it is so ordained `-a~,~cC~'EI~~~°d~,
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PASSED AND APPROVED this _~~~day of 19~
APPROVED AS TO FORM AND LEGALITY
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City Attorney
Date ----------------------------
Adopted .® /" ~~
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Effective -----------------------
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WEST CAPPS STREET
(HEMPHILL STREET TO ST. LOUIS STREET)
PROJECT NO 67-040251
EXHIBIT A
MARCH 1992
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WEST CAPPS STREET FROM HEMPHILL STREET TO ST. LOOIS STREET
PROJECT N0. 67-040251
The Assessment Paving Policy provides that property zoned and used as one- or
two-family residential property in a target area will not be assessed Under this
policy the owners of the following improved property zoned and used as one- or
two-family residences are not assessed
WINSTON ADDITION
Block 2, Lots 7,8
Block 3, Lots 7,8,9
Block 6, Lot 8
SOIITH HEMPHILL HEIGHTS ADDITION
Block 2, Lot 1
Block 3, Lots 1,2
Block 4, Lots 23,24
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PROJECT N0. 67-040251-00, WEST CAPPS STREET FROM HEMPHILL STREET TO ST. LOUIS STREET, 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 twenty-four feet wide on a forty foot width Right-Of-Way Six-inch thick
concrete driveway approaches and four-inch thick sidewalks will be constructed where shown on
the plans.
OWNER & LEGAL DESCRIPTION ZONING FRONTAGE
BEGINNING AT HEMPHILL STREET
NORTH EAST CORNER
0000000226726 F
INSURED PENSION INVESTMENT 1983
$ FFCA 4934-80
17207 N PERIMETER DRIVE
SCOTTSDALE ARIZONA 85255-5402
BLANCHARD ADDITION
BLR 1 LT 12
40$ TAD OF 16,875 = 6,750
ADJUSTED. COMMERCIAL BUSINESS
*LESS CREDIT
ENHANCEMENT
AMOUNT
4,441.50
586 50
730 13
5,758 13
1,316.63
4,441.50
6,000.00
ASSESSMENT
4,441 50
* TA68 - Traffic Approval dated February 2, 1984 100$ credit given for replacement of curbs
and driveway approach
------------------------------------------------
SOUTH EAST CORNER PROPERTY #2
0000002812452 F
L W MCINTYRE 150 00' PAVEMENT 29 61 4,441 50
104-1 APCHE TR I H 150 00' CURB 3 91 586 50
GRANBURY, TEXAS 76048-4705 902 80 SF DR APPR 3 75 3,385 50
SOUTH HEMPHILL HEIGHTS ADDN
BLK 4 LT 1
40$ TAD OF 126,995 = 50,798
ADJUSTED COMMERCIAL APARTMENTS
8,413 50
ENHANCEMENT 6,000 00
6,000 00
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RATE
PROPERTY #1
150.00' PAVEMENT 29.61
150 00' CURB 3.91
194 70 SF DR APPR 3.75
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OWNER & LEGAL DESCRIPTION ZONING
----------------- ------ FRONTAGE
-------- RATE
---- AMOIINT
------ ASSESSMENT
----------
--------
MAY STREET INTERSECTS
SOUTH WEST CORNER
---------------- PROPERTY
-------- #3
---
---------
0000002812444 B
JEAN G HAYES 95 00' PAVEMENT 29.61 2,812 95
P.0 BOX 11613 95 00' CURB 3 91 371 45
FORT WORTH, TEXAS 76110 109 45 SF DR APPR 3 75 410 44
180 00 SDWK (R) 2 68 482 40
SOUTH HEMPHILL HEIGHTS ADDN 60.00 SDWK (N) 2 68 160 80
BLK 3 LT 24 ------ --
40$ TAD 72,-522 = 29,009 4,237 24
LESS CREDIT 241 20
3,996. 87
3,800 00
ENHANCEMENT 3,800 00
ADJUSTED COMMERCIAL APARTMENTS
------------------------------------------------
NORTH SIDE PROPERTY ~4
0000003575993 J
ALICE & T HARDWICK BARVIAN 135 00' PAVEMENT 29 61 3,997.35
2628 ST LOUIS AVE 135 00' CURB 3 91 527 85
FORT WORTH, TEXAS 76110-3340 '-------
4,525 20
WINSTON ADDITION 4,525 20
BLK 6 LTS 9 TO 11 ENHANCEMENT 5,400 00
40~k TAD OF 64,966 = 25,986
COMMERCIAL BUSINESS
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WEST CAPPS STREET FROM HEMPHILI, STREET TO ST LOUIS STREET
PROJECT NO 67-040251
COST DISTRIBUTION
A COST TO PROPERTY OWNERS
B COST TO THE CITY OF FORT WORTH
Street Improvements
Engr Insp /Admin
(10~ of Estimate $195,000 00)
C TOTAL ESTIMATED PROJECT COST
$ 18,766 70
$195,733 30
$176,233 30
$ 19,500 00
$214,500 00
CITY POLICY
The Assessment Paving Policy establishes four methods of determining
assessments and allows for the residential rate to be applied to vacant
lots as appropriate 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 b,y the
Tarrant Appraisal District
All replacement of sidewalks is at 50~ cost to the property owner and
' 50~ cost to the City
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AgpgUNTING 2
TRAN~RgRTAT1AN~PUBLIC WORKSiB
City of Fort worth, Texas
N ~tER A~MINISIR ~~~ ~I~ f~~/l l~~'1/,/~~ '~~IV~/~~~~ •
E REFERENCE NUMBER L G NAME PA E
06/16/2 BH-0097 20BHCAPP 1 of 1
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF WEST CAPPS STREET FROM HEMPHILL
STREET TO ST. .LOUIS STREET PROJECT N0. 67-040251
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 West Capps
Street from Hemphill Street to St. Louis Street.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of West Capps
Street from Hemphill Street to St. Louis Street. The street is located in the Worth
Heights Target Area and has previously been constructed to City standards. Community
Development Block Grant (CDBG) Funds will provide a portion of the construction cost.
One- and two-family residences are not assessed.
West Capps Street will be constructed to current pavement standards including driveways
and sidewalks.
On May 12, 1992 (M&C G-9651), the City Council established June 16, 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 $ 18,766.70 ( 9%)
City's share of cost $195 733.30 ( 91%)
Total cost 214,500.00 (100%)
There are no unusual situations on this project that require special City Council
consideration.
The project is in DISTRICT 9.
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Su itte for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to
APPROVED
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Originating Department Head
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CITY
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Gary Santerre 7804 rut"r,F ,,.~, ,: ~
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For Additional Information ~~ ~~ _'~~~'- ~ ~~~~ ~~_~__~~ [ /l
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Contact : City Sacretary of the
i@T.a3
City of Fort Tn1or°.tt
Gary Santerre 7804 ,
Printed on recyded paper