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Home My WebLink AboutOrdinance 11116,. ,, ~~ ., ~ ~. f /~-yam ORDINANCE NO / /~/ ~• AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THI? COST OF IMPROVING A PORTION OF SOUTH HUGHES STREET FROM EAST ROSEDALE STREET TO AVENUE J, 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 THF: 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' SOUTH HUGHES STREET from East Rosedale Street to Avenue J, known and designated as Project No 67-040265, 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 fifty foot wide Right-of-Way Six-inch thick reinforced concrete driveway approaches and four-inch thick concrete sidewalks will be constructed where shown on the plans D~F~~~~ ~~~~ C~~~ ~~~~~~ ~,~Y 'Y f ~,~.h. '°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 r { WHEREAS, the hearing was held on the 30th 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 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 agportionment 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 March, 1992, and against the owners thereof, whether named or incorrectly named, the sums #..-- money itemized ogpasite the description of the respective parcels of abutti gQ~P'erty~A,~'~i~Q~ . .; ~t .,. IV Where more than one person, firm or corporation 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, excegt 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 the sale of the parcel of abutting property by the Assessor and Collect the city in the same manner provided for the sale of property for the no valorem taxes, (ii) at the option of the city or its assigns by suit in (iii) as provided in the mechanic's and materialman's contract cre ordinance The city shall exercise all powers to aid in the en collection of the assessments „~.v.~~ _V~- J~~_A..., i~~i~e~~ ~~~(i ~° _bY ,~mertt~' ~~f act cement and b • ~;, r. ;gal I ~, 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 allawed 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 proceeding-s-- oar ma:ke3~n~ `the improvement were held in compliance with the law, and that all i~~r~~°tu~si~ti~es~'~~o~. ~~~~~' fixing the assessment lien against the property described in certif Cate and ag i~s personal liability of the owners have been completed The recital. ~h~~l~~b"''~°~~°rima facie evidence of all matters recited in the certificates, and no fu then r ~~ ~ml be required in any court ~~, "' -4- ~-- 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 benef.i.t 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 engross and enroll this ordinance by copying the caption in the Minute Book of the City Council and by filing the complete Ordinance in the appropriate Records of the City ~~~ ~ ~ ~ The ordinance shall take effect and be in full force after .t hey-:dat~~R~f its passage, and it is so ordained L~~~~ ~~{g.~^p~~gq~p~~gQ~~ E a ~~N~f tl ~+p9.. -5- p T ' ma. Iv. PASSED AND APPROVED this ~/ "- ~~day of ~~'/`~ 19 APPROVED AS TO FORM AND LEGALITY City Attorney Date ---------------------------- ~/ Adopted ---~ - ~ - `- ~ --------- Effective ----------------------- -~RT -6- SOUTH HUGHES STREET (EAST ROSEDALE STREET TO AVENUE J) PROJECT N0. 67-040265 EXHIBIT A MARCH 1992 ~.. CITY ~~C~~~ ARV I FT. wo~T~,1~xa SOUTH HUGHES STREET FROM EAST ROSEDALE STREET TO AVENIIE J PROJECT NO. 67-040265 The Assessment Pavinq 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. COLLEGE HEIGHTS ADDITION Block 3, Lot C Block 4, Lots 6A,6C,6D,6E,6F,H,J,K Block 16, Lots 3B,4,5A,5B,7,8,10A,lOB 11A,11B,12A,12B,13,15 CITY OF FORT WORTH OWNERSHIP COLLEGE HEIGHTS ADDITION Block 16, Lots 14A,14B ~~e ~®6~~~1 ~~° PROJECT NO 69-040265, SOUTH HUGHES FROM EAST ROSEDALE STREET TO AVENUE J,°~o 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 fifty foot width Right-O~-Way Six-inch thick reinforced concrete driveway approaches and four-inch thick concrete sidewalks will be constructed where shown on the plans OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT BEGINNING AT E ROSEDALE STREET ----- ----- -------------- ------ ----------------------- WEST SIDE PROPERTY #1 000000561290 HORACE WILKINS JR ETUX EVELYN 2316 FAIRWAY DR E 312 00'PAVEMENT 36 16 11281 92 FT WORTH TX 76119 312 00'CURB 3 14 979 68 BLK 3 .LOT 6 40$ TAD OF $27,285 = $10,914 12261 60 10914 00 COLLEGE HEIGHTS ADDN ENHANCEMENT 12480 00 ADJUSTED COMMERCIAL VACANT AVENUE G INTERSECTS --- ----- -------------- ------ ------------------------- 000000561185 PR OPERTY #2 TRUE HOLINESS PENTECOSTAL CHURCH 1417 S HUGHES B 165 00'PAVEMENT 9 22 1521 30 FT WORTH TX 76105 136 00'CURB 0 94 127 84 BLK 3 LOT F 93 95'SF DR APPR 2 46 231 12 20$ TAD OF $16,888 = $3,377 1880 26 1880 26 COLLEGE HEIGHTS ADDN ENHANCEMENT 6600 00 CHURCH EXEMPT (1)(2) AVENUE H INTERSECTS ---- --------------- ------ ---------------------------- 000000561479 PR OPERTY #3 DAVID PASTOR REED ETAL 2909 PATE DR B 75 00'PAVEMENT 18.44 1383 00 FT WORTH TX 76105 75 00'CURB 1.87 140 25 BLK 4 LOTS 6B, 6C1 93 95'SF DR APPR 2.46 231 12 40$ TAD OF $16,332 = $6,532 1754 37 1754 37 COLLEGE HEIGHTS ADDN ENHANCEMENT 3000 00 CHURCH NON-EXEMPT ___-------`""-°""`~'~ ___ ~f ~~r@~l R~.CO~~ ~~~~y ~~~~~TARY ~~`"` f~~' - 2 - -- .OWNER & LEGAL DESCRIPTION ZONING ------------------------- ------ FRONTAGE -------- RATE ---- AMOUNT ASSESSMENT ------ ---------- -------------------- 000004985176 -------- ----------------- PROPERTY ~4 -------- CHARLES L 5 ESTHER MASTERS 3631 GALVEZ AVE B 50 00'PAVEMENT 18 44 922 00 FT WORTH TX 76111 50 00'CURB 3 14 157 00 BLK 4 LOT L1 20$ TAD OF $2,500 = $500 1079 00 500 00 COLLEGE HEIGHTS ADDN ENHANCEM ENT 2000 00 ADJUSTED RESIDENTIAL VACANT -------------------- 000004985184 -------- ----------------- PROPERTY #5 -------- CHARLES L & ESTHER MASTERS 3631 GALVEZ AVE B 50 00'PAVEMENT 18 44 922 00 FT WORTH TX 76111 50 00'CURB 3 14 157 00 BLK 4 LOT L2 20$ TAD OF $2,500 = $500 1079 00 500 00 COLLEGE HEIGHTS ADDN ENHANCEMENT 2000 00 ADJUSTED RESIDENTIAL VACANT ---------------------------- 000004985192 ------------------------- PROPERTY #6 CHARLES L & ESTHER MASTERS 3631 GALVEZ AVE B 50 00'PAVEMENT 18 44 922 00 FT WORTH TX 76111 50 00'CURB 3 14 157 00 BLK 4 LOT L3 20$ TAD OF $2,500 = $500 1079 00 500 00 COLLEGE HEIGHTS ADDN ENHANCEMENT 2000 00 ADJUSTED RESIDENTIAL VACANT -3- ~~ ,. ~~ C1~`~ ~° ~ .~. OWNER & LEGAL DESCRIPTION ZONING 000004985206 CHARLES L & ESTHER MASTERS 3631 GLAVEZ AVE B FT WORTH TX 76111 BLK 4 LOT L4 20$ TAD OF $2,500 = $500 COLLEGE HEIGHTS ADDN ADJUSTED RESIDENTIAL VACANT (2) BEGINNING AT AVENUE J EAST SIDE 000000563021 WOODROW GRAHAM 4205 SARITA B FT WORTH TX 76109 BLK 16 LOTS 9A, 9B 40$ TAD OF $6,000 = $2,400 COLLEGE HEIGHTS ADDN ADJUSTED COMMERCIAL BUSINESS ---------------------------- 000000562998 TRUE HOLINESS PENTECOSTAL CHURCH 1417 S HUGHES FT WORTH TX 76105 BLK 16 LOT 6 20$ TAD OF $35,130 = $7,026 COLLEGE HEIGHTS ADDN ADJUSTED CHURCH EXEMPT (1) FRONTAGE RATE ------------------------- PROPERTY #7 55 00'PAVEMENT 18 44 39 00'CURB 1 87 ENHANCEMENT ------------------------- PROPERTY #8 85 00'PAVEMENT 36 16 85 00'CURB 3 14 148 20'SF DR APPR 2 46 ENHANCEMENT AMOUNT ASSESSMENT 1014 20 72 93 1087 13 2200.00 3073 60 266 90 364 57 3705 07 3400 00 500 00 2400 00 ------------------------- PROPERTY #9 B 102 00'PAVEMENT 102 00'CURB 148 20'SF DR APPR 40 00'SF SDWK(R) -4- 9 22 940 44 0 94 95 88 2 46 364 57 2 14 85 60 1486 49 LESS CREDIT 42 80 1443 69 ENHANCEMENT 4080 00 1443 69 Q~~~~~~~~ ~€~~~D Cl~~ ~€~~€~ A~~ I ~~. W®R~H_.,. OWNER b LEGAL'bESCRIPTION ZONING 000000562939 FRED L ETUX ALTA E HAZLEWOOD 7117 MAPLE PARK DR E FT WORTH TX 76118 BLK 16 LOT 3A 40~ TAD OF $22,574 = $9,029 COLLEGE HEIGHTS ADDN ADJUSTED COMMERCIAL BUSINESS ---------------------------- 00000466.1885 WILEMON FAMILY TRUST 7209 LUPTON CIR E DALLAS TX 75225 BLK 16 LOT 2 40$ TAD OF $23,906 = $9,562 COLLEGE HEIGHTS ADDN COMMERCIAL VACANT 000004661877 WILEMON FAMILY TRUST 7209 LUPTON CIR E DALLAS TX 75225 BLK 16 LOT 1 40$ TAD OF $29,697 = $11,878 COLLEGE HEIGHTS ADDN COMMERCIAL VACANT :~ FRONTAGE RATE AMOUNT ~ '•ASSESSMENT -------- ---- ------ ---------- PROPERTY #10 80 00'PAVEMENT 36 16 80 00'CURB 3 14 93 95'SF DR APPR 2 46 ENHANCEMENT 2892 80 251 20 231 12 3375 12 3200 00 3200.00 ------------------------- PROPERTY #11 102 00'PAVEMENT 36 16 3688 32 102 00'CURB 3 14 320 28 4008 60 ENHANCEMENT 4080 00 ------------------------- PROPERTY #12 92 00'PAVEMENT 36 16 3326 72 92 00'CURB 3 14 288 88 3615 60 ENHANCEMENT 3680 00 -5- 4008 60 3615 60 r~ ~~~~~~ ~, ~ ~AAY ~~ ~. ~~~ ~ `p,;~~.vE~gy~q. ~0 1 ~~• ~1lQ~~0P9 s' ;,il •5 'mow i~ SOUTH HUGHES STREET FROM EAST ROSEDALE STREET TO AVENUE J PROJECT N0. 67-040265 COST DISTRIBUTION A. COST TO PROPERTY OWNERS ...... B. COST TO THE CITY OF FORT WORTH... Street Improvements ..... .. Engr Insp./Admin... .. ... (10$ of Estimate $254,000 00) C TOTAL ESTIMATED PROJECT COST .. . .. ..... $ 31,216.52 . ....$248,183 48 $222,783.48 .... $ 25,400.00 ..$279,400.00 CITY POLICY The Assessment Paving Policy establishes four methods of determining assessments and allows for the residential rate to be applied to vacant lots as appropriate. Under this policy assessments cannot exceed• (a) The computed rate (b) The enhancement to the property. (c) For residential property; twenty percent (20~k) of the property values as determined by the Tarrant Appraisal District. (d) For commercial property located within a target area, forty percent (40~) of the property values as determined by the Tarrant Appraisal District All replacement of sidewalks is at 50~ cost to the property owner and 50$ cost to the City. NOTES (1) Tax-exempt places of worship are assessed at 50$ of the residential rate' $18 44 @ 50~ _ $9 22 for pavement $ 1 87 @ 50~ _ $ 94 for curb (2) Curb inlet credit -6- ~~ CI~~. R~~,O~~ 0~~` C~~y ~~~~~~ ~~~ ...:~, MASTER t"ICE,D ACCUtYYV'fING 2 fRANSPORTATION,PUBIIC .WQRKE•E City ~of Ford worth, Texas N e r ER AC3MINIS7 RAT~a ~,, and C;oun~ ~~~yy~ynunicati~~n LA ~'I 1 y . ~~ DATE A E 06/30/92 BH-0098 20BHHUGH l of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF SOUTH HUGHES STREET FROM EAST ROSEDALE STREET TO AVENUE J-(PROJECT NO.._67-040265) - 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 South Hughes Street from East Rosedale Street to Avenue J. DISCUSSION: The 1986 Capital Improvement Program included funds for the improvement of South Hughes Street from East Rosedale Street to Avenue J. The street is located in the Stop Six Target Area and has never 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. South Hughes Street will be constructed as a standard concrete street, including driveways and sidewalks. On May 26, 1992 (M&C G-9664), the City Council established June 30, 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 $ 31,216.52 ( it%) City's share of cost $248,183.48 (89%) Total cost $279,400.00 (100%) ~; c• '6 r a, [ t,~' r'i r , ~ ~~~39Y i T f ~~i PrIRt9E on recycled paper . _~ City of Fort [forth, Teas Mayor and Council Commun ca~~cm DATE 06/30/92 FER N U ER BH-0098 NAME 20gHHUGH FA E 2 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF.SOUTH HUGHES STREET FROM EAST ROSEDALE STREET TO AVENUE J PROJECT N0. 67=0:40265 There are no unusual situations consideration. The project is in DISTRICT 5. MG : j on this project that require special City Council Su Otte or C ty Manager s FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: to APPR Mike Groomer 6140 ~~~C~L Y C ~~ Or g nat ng Depart~ent Nea 1 1 SUN 30 ~~~2 Gary Santerre 7804 rom ted 0 d N~• For Ad tiona Infor~at on C~ty~®taryott`~® contact : City of Fort wo:th, Tex" -Gary Santerre 7804 Printed on recyded paper