HomeMy WebLinkAboutOrdinance 11132
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ORDINANCE NO
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF
THE COST OF IMPROVING A PORTION OF EDGEWOOD TERRACE FROM BERRY STREET TO
EASTLAND AVENUE, 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 CITX 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
EDGEWOOD TERRACE from Berry Street to Eastland Avenue, known and designated
as Project No 67-040128, 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 vary in width from thirty to thirty-six feet 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
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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, 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 21st day of July, 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 April, 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 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
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 contra a~ed~b~A_.this
ordinance The city shall exercise all powers to aid in te~~fore~~~~ ;'and
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collection of the assessments
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The total amount assessed against
and the owners thereof is in accord with
improvements and assessments thereof and
allowed and permitted by the law
ViI
the respective parcels of abutting property
the proceeding of the city relating to the
is less than the proportion of the cost
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 c r~~ificate and against
personal l iabi l ity of the owners have been completed The r ~,l~s'~k~aal l , be prima
facie evidence of all matters recited in the certificates, and no f~i6~3~ier p~robf shall
be required in any court ~f~r ~~~~~~
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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 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 aft r~~ ~e~te of its
passage, and it is so ordained (/ F~
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PASSED AND APPROVED this day of lg-~~
APPROVED AS TO FORM AND LEGALITY
~fAµ"''~ City Attorney
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Date --- ------------------------
Adopted --- -- -- --------
Effective -----------------------
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EDGEWOOD TERRACE
(BERRY STREET TO EASTLAND AVENUE)
PROJECT N0. 67-040128
EXH I B I T A ~~'°-----~•~-~-
APRIL 1992 OFFiCBq~ RECQRR
CITY SECRETgR},
FT. ~ORT~I, TEX. I
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EDGEFIOOD TERRACE FROM BERRY STREET TO EASTLAND AVENUE
PROJECT NO 67-040128
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
EASTWOOD ADDITION
Block 15, Lot 7
Block 16, Lots 7,8
Block 17, Lots 6,7
Block 18, Lots 7,8
Block 27, Lots 9,10
Block 26, Lots 3,4
Block 25, Lots 21,22,23,24,25
EASTwa
Block
Block
Block
Block
Block
ERRACE ADDITION
Lot 1
Lots 1,31
Lots 1,27
Lots 1,22
Lot 1
)D T
1,
5,
6,
7,
8,
G. J. ASSABRANNER SURVEY
ABST 7, Tract 15A
CITY OF FORT WORTH OWNERSHIP
G J ASSABRANNER SURVEY
Block 8 Lot 1
OFF~Gi~I REGQ~~~
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PROJECT N0. 67-040128, EDGEWOOD TERRACE FROM BERRY STREET TO EASTLAND AVENUE, to be improved by
constructing an 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
vary in width from thirty to thirty-six feet on a sixty foot width Right-Of-Way
OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOIINT ASSESSMENT
BEGINNING AT BERRY STREET
WEST SIDE PROPERTY #1
0000003711706 A
STOP SIX CHURCH OF CHRIST 177 00' PAVEMENT 9 22 1,631 94
4500 E BERRY STREET 177 00' CURB 94 166.38
FORT WORTH, TEXAS 76105 101 70' SF DR APPR 2 68 272 56
584 00 SF SDWK(R) 2 14 1,249 76
ASSABRANNER, G J SURVEY -----------
ABST 7 TRACT 15A 3,320 64
LESS CREDIT 649 84
20$ TAD OF 247,913 = 49,582 -----------
2,670 80
ADJUSTED. CHURCH EXEMPT (1) ~ -0-
ENHANCEMENT -0-
BEGINNING AT BERRY STREET
EAST SIDE PROPERTY #2
0000006273394 F
MOHAMMAD HAMAD 150 00' PAVEMENT 36 55 5,482 '50
2309 WOODSONG TRAIL 150 00' CURB 2 75 412 50
ARLINGTON, TEXAS 76016 396 20' SF DR APPR 2 68 1,061 82
EASTWOOD TERRACE ADDITION
BLOCK 1 LOT AR2
40$ TAD OF 62,457 = 24,983
ADJUSTED COMMERCIAL BUSINESS
6,000 00
ENHANCEMENT 6,000.00
PROPERTY #3
0000000786640 F
SAM MCCALL CO
1330 SUMMIT AVE
FORT WORTH, TEXAS 76102
EASTWOOD TERRACE ADDITION
BLOCK 1 LOT AR
40$ TAD OF 129,096 = 51,638
440 00' SF SDWK(R) 2 14 -941 60
7,898 42
LESS CREDIT 532 68
7,365 74
36 55 11,842 20
2 75 891 00
2 14 2,773 44
15,506 64
1,520 37
13,986 27
324 00' PAVEMENT
324 00' CURB
1,296 00' SF SDWK
LESS CREDIT
12,960 00
ADJUSTED COMMERCIAL VACANT ENHANCEMENT 12,960 00
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EDGEWOOD TERRACE FROM BERRY STREET TO EASTLAND AVENUE
PROJECT NO 67-040128
COST DISTRIBUTION
A COST TO PROPERTY OWNERS $ 18,960 00
B COST TO THE CITY OF FORT WORTH 5329,977 00
Street Improvements $298,255 00
Engr Insp /Admin $ 31,722 00
(10~ of Estimate $31.7,215 00)
C TOTAL ESTIMATED PROJECT COST 5348,937 00
CITY POLICY
The Assessment Paving Policy establishes four methods of determining
assessments and allows for the residential rate to be applied to vacant
lots as appropriate Under this policy assessments cannot exceed
(a) The computed rate
(b) The enhancement to the property
(c) For residential property, twenty percent (20$) 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 by the Tarrant
Appraisal District
All replacement of. sidewalks is at 50$ cost to the property owner and 50~
cost to the City
NOTES
15~ assessment credit is given for curb construction due to street
construction in November, 1960
(1) Tax-exempt places of worship are assessed at 50$ of the residential
rate
$18 44 @ 50~ _ $9 2?. for pavement
S 1 87 @ 50~ _ $ 94 for curb
OFEICIAE RECORD
-3- CITY SECRETARY
FT. FORTH, TEX.
~; City of Fort worth, Texas
~, Mayor and Council Communication
Y~Ib 07/21/92 ~" `^LI\Nb 1\V19Y61~ BH-0102 `~~' ~~~~~~- 20BHEDGE - 1 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EDGEWOOD TERRACE FROM BERRY
STREET TO EASTLAND AVENUE PROJECT N0. 67-040128
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 Edgewood
Terrace from Berry Street to Eastland Avenue.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of Edgewood
Terrace from Berry Street to Eastland Avenue. 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.
Edgewood Terrace will be constructed with standard concrete pavement including standard
driveways and sidewalks shown on the plans.
On June 16, 1992 (M&C G-9691), the City Council established July 21, 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:
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OFFICIAL RECORD
CITY SECRETARY '
FT. ~ORTN, TEX.
Printed on recycled paper
C' o Fort ,wort Texa.~ ~ .k,
Mayor and Council Communication ,.
DATE
07/21/92 REFEREN E NUMBER
BH-0102 L G NAME
20BHEDGE PAGE
2 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EDGEWOOD
STREET TO EASTLAND AVENUE PROJECT N0. 67-040128 TERRACE FROM BERRY
Property owners' share of cost $ 18,960.00
City's share of cost $ 329,977.00
Total cost $ 348,937.00
There are no unusual situations on this project
consideration.
This project is in DISTRICT 5.
MG:j ( 5%)
(95%)
(100%)
that require
pecial City Council
Su itte for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to
Mike Groomer 6140 A~~IOVGD
Or ginating Department Hea CfTY CQUNCIL
Gary Santerre 7804 from Jjjl, 2I
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pted Ordinance No
For Additional Information . ~
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Gary Santerre 7804 i
irth, Baas
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City
Printed on recycled paper