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Home My WebLink AboutOrdinance 11117~~ ORDINANCE NO I' AN ORDINANCE CLOSING BENEFIT HEARING ANA LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF CYPRESS STREET FROM EL PASO STREET TO EAST LANCASTER 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 CYPRESS STREET from E1 Paso Street to East Lancaster, known and designated as Project No 67-024327, to be improved by constructing a seven-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 forty 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 X16 ~' J~Lr~~ ~ ~ ~ ~~~ ~r. ~~~ ~~, r~. f -~-.~__ `l: ~ 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 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 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 a parcels of abutting property described in Exhibit "A" attached and dated ,, and a ainst the owners thereof, whether named or incorrect) named, th o ~ ey~ g itemized opposite the description of the respective parcels of abutt' e~t' ~~'~C~'~'T~ f~ a,~,,.a~ ~Y e, I V'' `° " 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, 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 Florth 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 C63~e~tor o Tea s°' of the city in the same manner provided for the sale of property for ~6~n~o~'apayr~n~~~o~ ad valorem taxes, (ii) at the option of the city or its assigns by s it in a y c.o,~ ,~ or {iii) as provided in the mechanic's and materialman's contra ~~T~r 't~~~~~~~' his ordinance The city shall exercise all powers to aid in ~T. ~tl~em~e and collection of the assessments ~tl f~ 9._._....--. -3- V IiI 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 segarate 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 pr~e~e~~ ~ste~s~~~t fixing the assessment lien against the property described in certif a ar~_d ~ag,a~~,a personal liability of the owners have been completed The recital ~~~~;; 11 be prima facie evidence of all matters recited in the certificates, and no fu t~N~~ p~~o~o~~~t~~a~ll~ be required in any court FT. ~~~~~ -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 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 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 XV ----_.,.---_._ --.~.., The ordinance shall take effect and be in full force after L~~ date ~o~Q~i~ passage, and it is so ordained ~ ~`~~~~A~~ f--~ -~~~~W= r~Xa ~ -5- ~. PASSED AND APPROVED thi s Dom:. day of 19 ~'~`~' APPROVED AS TO FORM AND LEGALITY ~ City Attorney Date ---------------------------- Adopted --~ J` ~/~~ ------ Effective ----------------------- -6- ~~ 4 CYPRESS STREET (EL PASO STREET TO EAST LANCASTER STREET) PROJECT NO 67-024327 EXHIBIT A MARCH 1992 f ~'F~~~~~~ ~~~~~~ C11~~ ~~;~~ ~ ., f r-~~~~, r,~ ---.~.. CYPRESS STREET FROM EL PASO STREET TO EAST LANCASTER STREET PROJECT N0. 67-024327 The Assessment Paving Policy establishes four methods of determining assessmentse. 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_ OFFICIAL R£CQRD CITY ~F~~'TARY PROJECT NO 67-024327, CYPRESS STREET FROM EL PASO STREET TO EAST LANCASTER is to be improved fiy constructing a seven-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 forty feet wide on a sixty foot width Right-of=Way:. Four-inch thick concrete sidewalks and six-inch thick reinforced concrete driveway approaches will be constructed where shown on the plans. OWNER b LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT BEGINNING AT EL PASO STREET WEST SIDE 000006100112 PRESBYTERIAN NIGHT SHELTER 500 EAST ROSEDALE FT WORTH TX 76105 BLK 91 LOT 5R 20$ TAD OF $1,213,748=$242,749 TEXAS b PACIFIC ADDITION ADJUSTED.CHURCH EXEMPT (1)(2) E PRESIDIO STREET INTERSECTS 000003104524 PRESBYTERIAN NIGHT SHELTER 100 PENN ST FT WORTH TX 76104 BLR 92 LOTS 9, 10 20$ TAD OF $107,709 = $21,541 TEXAS 5 PACIFIC ADDITION ADJUSTED CHURCH EXEMPT (1)(3) ---------------------------- 000004705793 WILFRED R MCDONALD 1410 E LANCASTER FT WORTH TX 76102 BLK 92 LOTS 7, 8 40~ TAD OF $78,512 = $31,404 TEXAS 5 PACIFIC ADDITION ADJUSTED COMMERCIAL BUSINESS ------------------------- PROPERTY #1 J 345.00'PAVEMENT 345.00'CURB 50.00'SF SDWK(R) 224.90'SF DR APPR 9 22 0.94 2.14 2 68 LESS CREDIT ENHANCEMENT ------------------------- PROPERTY #2 3180.90 324.30 107.00 602.73 4214.93 980.53 3239.40 13800 00 J 162 50' PAVEMENT 9 22 1498 25 162 50' CURB 0.94 152 75 16 00' SF SDWK(R) 2 14 34 24 162 90' SF DR APPR 2 68 436 57 2121.81 LESS CREDIT 606 44 1515 37 ENHANCEMENT 6480.00 ------------------------- PROPERTY #3 J 162 50' PAVEMENT 50 92 8274 50 162 50' CURB 3 06 497 25 582 00' SF SDWK(R) 2 14 1245 48 140 45' SF DR APPR 2 68 376 41 10393 64 LESS CREDIT ------62.2_.'4____ ~~97~~~~~90~'~~Q~~ ENHANCEMENT ~~~4 8 6~ ~ 0 0~~~~~~ -2- `e ( p ~ ' F~. fO ~LB 1 ~g ~~iN.~ 3234 40 1515 37 6480.00 .. G OWNER 6 LEGAL DESCRIPTION BEGINNING AT E LANCASTER ---------------------------- EAST SIDE 000004705831 TED PENNER 1500 E LANCASTER FT WORTH TX 76104 BLK 93 NPT LT 1 40~ TAD OF $20,692 = $8,276 ZONING FRONTAGE RATE AMOUNT - - - - - - - - ~ - - - - J - - - ~ - - - - . . ------------------------- PROPERTY ~4 TEXAS & PACIFIC ADDITION ADJUSTED COMMERCIAL BUSINESS ---------------------------- 000004705858 TED PENNER 1502 E LANCASTER FT WORTH TX 76102 BLK 93 SPT LT 1 40$ TAD OF $29,914 = $11,965 TEXAS 5 PACIFIC ADDITION ADJUSTED'COMMERCIRL BUSINESS ---------------------------- 000000000000 FORT WORTH TRANSPORTATION AUTH 2304 PINE ST FT WORTH TX 76102 BLK 93 LOTS I5, 16 $40 TAD OF $29,375 = $9,750 TEXAS b PACIFIC ADDITION ADJUSTED COMMERCIAL BUSINESS K 81 50'PAVEMENT 50 92 4149.98 81 50'CURB 3 06 249.39 181.00'SF SDWK(R) 2 14 387.34 296.40'SF DR APPR 2.68 794.35 5581.06 LESS CREDIT 193.67 5387.39 ENHANCEMENT 3240.00 ------------------- PROPERTY #5 ------ K 81.50'PAVEMENT 50.92 4149.98 81 50'CURB 3 06 249 39 245 00'SF SDWK(R) 2 14 524.30 163 70'SF DR APPR 2 68 438 72 5362 39 LESS CREDIT 262 15 5100.24 ENHANCEMENT 3240 00 ------------------------- PROPERTY #6 ASSESSMENT 3240.00 3240 00 K 162 50' PAVEMENT 50 92 8274 50 162 50' CURB 3 06 497 25 325 00' SF SDWK(N) 2 14 695 50 325 00' SF SDWK(R) 2 14 695 50 10162 75 LESS CREDIT 347 75 9815 00 6480 00 ENHANCEMENT 6480 00 PRE-PD ~~~~~1~~ ~~~~~~ ~. CE~"~ ~E~E~~CRY - 3 - _ ~ ~Q~ o~~ ~_ OWNER 6 "L~°GAL DESCRIPTION ZONING E PRESIDIO STREET INTERSECTS 000003104788 PRESBYTERIAN NIGHT SHELTER 1000 PENN ST K FT WORTH TX 76102 BLK 94 N104' LT 1 40$ TAD OF $7,800 = $3,120 TEXAS S PACIFIC ADDITION ADJU5TED:COMMERCIAL VACANT ---------------------------- 000003104761 PRESBYTERIAN NIGHT SHELTER 1000 PENN ST K FT WORTH TX 76102 BLK 94 S58' LT 1 40~ TAD OF $4,388 = $1,755 TEXAS & PACIFIC ADDITION ADJUSTED'COMMERCIAL VACANT 000003104958 PRESBYTERIAN NIGHT SHELTER 1000 PENN ST K FT WORTH TX 76102 BLK 94 LOTS 15, 16 20~ TAD OF $24,375 = $4,875 TEXAS & PACIFIC ADDITION ADJUSTED CHURCH EXEMPT PARKING (1) FRONTAGE RATE AMOUNT'," ASSESSMENT ------------------------- PROPERTY #7 104 00'PAVEMENT 50 92 104 00'CURB ~ 3 06 416 00'SF SDWK(R) 2 14 LESS CREDIT ENHANCEMENT ------------------------- PROPERTY #8 58 00'PAVEMENT 50 92 58 00'CURB 3 06 232 00'SF SDWK(R) 2 I4 ENHANCEMENT ------------------------- PROPERTY #9 162 50'PAVEMENT 162 50'CURB -4- 5295.68 318.24 890 24 6504 16 248.24 6255.92 4160 00 2953 36 177.48 49b.48 3627.32 2320 00 3120.00 1755.00 9 22 1498.25 0 94 152.75 1651 00 ENHANCEMENT 6480 00 1651 00 ~~Fr~~~,~ ~~~~~~ CiT~ ~~~~~~~ ~ ~~Y ~~-~--~~~ ~~'. w I ~ i1 CYPRESS STREET FROM EL PASO STREET TO EAST LANCASTER STREET PROJECT N0. 67-024327 COST DISTRIBUTION A. COST TO PROPERTY OWNERS.... .... ................ .$ 30,715.77 B. COST TO THE CITY OF FORT WORTH .. ... ................$107,253 23 Street Improvements .. ..... .... .... $ 94,710.23 Engr. Insp /Admin ... ..... ... .....$ 12,543 00 (IO$ of Estimate $125,426.00) C. TOTAL ESTIMATED PROJECT COST.. .. ... .. .. ..$137,969.00 NOTES (1) Tax-exempt places of worship and church exempt property are assessed at 50~ of the residential rate• $18..44 @ 50$ _ $9.22 for pavement $ 1 87 @ 50$ _ $ 94 for curb (2) TAb15 - Traffic Approval dated December 5, 1986. 100$ credit given for replacement of curb, gutter and driveway approach. (3) TA328 - Traffic Approval dated October 12, 1989 100 credit given for replacement of curb, gutter and driveway approach. - OF~tCI~ ® ~.~ F~~ ~~, ~, `°~.,,, MA9TER FILE+P ACCOUIVTIPlG 2 rRAnsruK ~ anurv~ruisuc .woRK$.A i x.rEq A0M1fVls,~uyor ~.,~ ~ t I ~ s, 06/ SUBJECT 2 BH-0099 206HCYPR loft BENEFIT HEARING FOR THE ASSESSMENT PAVING OF CYPRESS STREET FROM EL PASO STREET TO EAST LANCASTER STREET (PROJECT N0. 67-024327). _, 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 Cypress Street from E1 Paso Street to East Lancaster Street. DISCUSSION: Cypress, from El Paso to East Lancaster, along with Presidio, from Cypress to Pine, are being reconstructed as a joint effort by the City and the Fort Worth Transportation Authority (FWTA) to correct street deficiencies in the area around FWTA's facility. Presidio will be built at the expense of the FWTA, and Cypress will be constructed at City cost with assessments as appropriate. The street is in the Near Southeast Target Area and has been constructed to City standards. Community Development Block Grant (CDBG) funds will not provide a portion of the construction cost. One- and two-family residences are not assessed. Cypress Street will be constructed as a standard concrete street, including driveways and sidewalks. On May 26, 1992 (M&C G-9665), 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 City's share of cost Total cost t `9 i ° ~ ! ~ 4 `' ..,. ~' ' '" .- ~*:' :k5ia v i... City of ForC I~ortly Texas and Council Comm~unicat~~ion $ 30,715.77 ( 22%) $ 107,253.23 ( 78%) $ 137,969.00 (100%) 0~FO~~! Fl/~'~ECq~9Feo'~~, \~'oiPro ~Al° 0 Printed on recyded paper City of Fort- I~orth, Texas Mayor and Council Communication . ,. A 06/30/92 REFEREN E NUM ER BH-0099 L NAME 206HCYPR PA E 2 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING STREET TO EAST LANCASTER STREET PROJECT OF CYPRESS STREET FROM EL PASO N0. 67-024327 There are no unusual situations consideration. The project is in DISTRICT 8. MG:a on this project that require special City Council ' _ Su itte for C ty Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to APPR Mike Groomer 6140 Q~~CIL CITY C Or g Hating Department Head Jt~N 30 X92 Gary Santerre 7804 from ~ Boated Ordinance No. ~ i ~~~ For Additional Information ~ '' ' goeratary of tl~t Contact City City o4~ort~Notth.7exas Gary Santerre 7804 Printed on recycled paper