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HomeMy WebLinkAboutOrdinance 11164r^ ORDINANCE NO AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BRYCE AVENUE FROM WESTERN AVENUE TO TREMONT 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 CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARX 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 anal ordered that each of the following portions of streets, avenues and public places be improved by raising, grading, filling and constructing thereon BRYCE AVENUE from Western Avenue to Tremont Avenue, known and designated as Project No 67-040258, 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 an eighty foot width Right-of-Way Six-inch thick reinforced concrete driveway approaches will be constructed where shown on the plans 7• 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 8th day of September, 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 May, 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 -2- ~} 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 i.n 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 -3- r s 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 r 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, ugon 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 -4- PASSED AND APPROVED this day of 19-~~ APPROVED AS TO FORM AND LEGALITY' Date ---------------------------- Adopted ~-~~~~ Effective ----------------------- -6- BRYCE AVENUE (WESTERN AVENUE TO TREMONT AVENUE) PROJECT NO 67-040258 EXHIBIT A MAY 1992 BRYCE AVENUE FROM WESTERN AVENUE TO TREMONT AVENUE PROJECT NO 67-040258 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 tanget area, forty percent (40~) of the property values as determined by the Tarrant Appraisal District All replacement of sidewalks is at 50o cost to the property owner and 50~ cost to the City -1- PROJECT NO 67-090258, BRYCE AVENUE, FROM WESTERN AVENUE TO TREMONT AVENUE, to be iinpraved 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 an eighty foot width Right-0f-Way Six-inch thick concrete driveway approaches will be constructed where shown on the plans OWNER ~ LEGAL DESCRIPTION BEGINNING AT WESTERN AVENUE NORTH SIDE 000001274821 WILLIAM A & JOHN B MANN BOX 508A RT 1 HUME VA 22639 BLK 6 LOT 11 20$ TAD OF 550,645=$10,129 ZONING FRONTAGE RATE ------------------------- PROPERTY #1 165 00'FRONTAGE B 100 00'PAVEMENT 100 00'CURB 210 20'SF DR APPR 18 44 1 87 3 21 AMOUNT 1844.00 187 00 674 74 2705 74 HILLCREST ADDITION (FT WORTH} RESIDENTIAL 000001274813 LAURA LYNN BARBER 2020 CARLETON AVE FT WORTH TX 76107 BLK 6 LOT 10 20~ TAD OF $63,515=$12,703 ENHANCEMENT 6600 00 PROPERTY #2 165 00'FRONTAGE B 100 00'PAVEMENT 9 22 922 00 100 00'CURB 0 94 94 00 93 95'SF DR APPR 3 2i 301 58 1317 58 HILLCREST ADDITION (FT WORTH) RESIDENTIAL (1) CARLTON AVENUE INTERSECTS ---------------------------- 000001275836 CHERYL G GARRETT 2021 CARLETON AVE FT WORTH TX 76107 BLK 10 LOT 15 20$ TAD OF $53,709=$10,741 ENHANCEMENT 6600 00 ------------------------- PROPERTY #3 165 00'FRONTAGE B 100 00'PAVEMENT 9 22 922 00 100 00'CURB 0 94 94 00 1016 00 HILLCREST ADDITION (FT WORTH) RESIDENTIAL (1) ENHANCEMENT 6600 00 ASSESSMENT 2705 74 1317 58 1016 00 -2- OWNER &.LEGAL DESCRIPTION ZONING FRONTAGE ---------------------------- 000001275828 CHARLES G HARATSIS 2020 ASHLAND AVE FT WORTH TX 76107 BLK 10 LOT 14 20~ TAD OF $72,285=$14,457 HILLCREST ADDITION (FT WORTH) RESIDENTIAL (1) ASHLAND AVENUE INTERSECTS ---------------------------- 000001276999 WALTER SHARRATT & PATRICIA 2021 ASHLAND AVE FT WORTH TX 76107 BLK 13 LOT 19 20~ TAD OF $55,713=$11,142 HILLCREST ADDITION (FT WORTH) RESIDENTIAL (1) 000001276980 FRANK W HALPIN JR PO BOX 9123 FORT WORTH TX 76147 BLK 13 LOT 18 20$ TAD OF 579,820=$15,964 HILLCREST ADDITION (FT WORTH) RESIDENTIAL (1) RATE ------------------------- PROPERTY #4 165 00'FRONTAGE B 100 00'PAVEMENT 9 22 100 00'CURB 0 94 132 70'SF DR APPR 3 21 PROPERTY #5 ENHANCEMENT 165 00'FRONTAGE B 100 00'PAVEMENT 9 22 100 00'CURB 0 94 93 95'SF DR APPR 3 21 PROPERTY #6 ENHANCEMENT 165 00'FRONTAGE B 100 00'PAVEMENT 9 22 100 00'CURB 0 94 296 40'SF DR APPR 3 21 ENHANCEMENT AMOUNT 922 00 94 00 425 97 1441 97 6600 00 922 00 94 00 301 58 1317 58 6600 00 922 00 94 00 951 44 1967 44 6600 00 ASSESSMENT 1441 97 1317 58 1967 44 -3- OWNER ~ LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT TREMONT AVENUE INTERSECTS ------------------- ----------------- PROPERTY #7 -------- SOUTH SIDE 000001276433 HAROLD C BOWEN TRUSTEE 165 00'FRONTAGE PO BOX 1715 B 100 00'PAVEMENT 18 44 1844 00 FT WORTH TX 76101 100 00'CURB 1 87 187 00 BLK 12 LOT 1 148 20'SF DR APPR 3 21 475 72 20$ TAD OF $67,956=$13,591 2506 72 2506 72 ENHANCEMENT 6600 00 HILLCREST ADDITION (FT WORTH) RESIDENTIAL ---------------------- ------- PROPERTY #8 --------- 000001276808 GUY 0 CULVER 165 00'FRONTAGE 2101 ASHLAND AVE B 100 00'PAVEMENT 9 22 922 00 FT WORTH TX 76107 100 00'CURB 0 94 94 00 BLK 12 LOT 38 148 20'SF DR APPR 3 21 475 72 20$ TAD OF $53,014=$10,602 1491 72 1491 72 ENHANCEMENT 6600. 00 HILLCREST ADDITION (FT WORTH) RESIDENTIAL (1) ASHLAND AVENUE INTERSECTS ------------------------ ------- PROPERTY #9 --------- 000001276018 ALEX J MILLER ETAL C/0 PAMICO 165 00'FRONTAGE PO BOX 122748 B 100 00'PAVEMENT 18 44 1844 00 FT WORTH TX 76121 100 00'CURB 1 87 187 00 BLK 11 LOT 1 148 20'SF DR AP PR 3 21 475 72 20~ TAD OF $73,766=514,753 2506 72 2506 72 ENHANCEMENT 6600 00 HILLCREST ADDITION (FT WORTH) RESIDENTIAL -4- ,. OWNER &~LEGA1, DESCRIPTION ZONING 0.00001276360 MARGUERITE V NIXON 2101 CARLETON AVE B FT WORTH TX 76107 BLK 11 LOT 38 20$ TAD OF $56,326=$11,265 HILLCREST ADDITION (FT WORTH) RESIDENTIAL (1) CARLTON AVENUE INTERSECTS 000001274309 VERON E HOLLINGSHEAD 2100 CARLETON AVE FT WORTH TX 76107 BLK 5 LOT 1 20~ TAD OF $60,436=$12,087 FRONTAGE PROPERTY #10 RATE 165 00'FRONTAGE 100 00'PAVEMENT 9 22 100 00'CURB 0 94 148 20'SF DR APPR 3 21 PROPERTY #11 165.00'FRONTAGE B 100 00'PAVEMENT 9.22 100 00'CURB 0 94 311 90'SF DR APPR 3 21 HILLCREST ADDITION (FT WORTH) RESIDENTIAL (1) 000001274724 LANE ETUX ELIZABETH WIMBERLEY 2101 WESTERN AVE B FT WORTH TX 76107 BLK 5 LOT 36 20$ TAD OF $44,153=$8,830 HILLCREST ADDITION (FT WORTH} RESIDENTIAL (I} PROPERTY #12 ENHANCEMENT ENHANCEMENT 165 00'FRONTAGE 100 00'PAVEMENT 9 22 100 00'CURB 0 94 93 95'SF DR APPR 3 21 ENHANCEMENT AMOUNT 922 00 94 00 415 72 1491 72 6600 00 922 00 94 00 1001 20 2017 20 6600 00 922 00 94 00 301 58 1317 58 6600 00 ASSESSMENT 1491 72 2017 20 13] 7 58 -5- ,~ BRYCE AVENUE FROM WESTERN AVENUE TO TREMONT AVENUE PROJECT NO 67-040258 COST DISTRIBUTION A. COST TO PROPERTY OWNERS B COST TO THE CITY OF FORT WORTH Street Improvements Engr Insp /Admin , (10~ of Estimate $148,000 00) C TOTAL ESTIMATED PROJECT COST , $ 21,097 97 , $141,702 03 $126,902,03 , $ 14,800 00 , $162,800 00 NOTE All properties are given a side lot credit The length of frontage in excess of 100 feet is not assessed (I) A tax exempt assessment rate has been applied to residential property listed as homestead exempt by the Tarrant Appraisal District Tax Records -6- MASTER FILE ACCOUNTINO.2 7RANSPOR7ATlON[PUBLIC .WORKS+® City o, f Fort Worth, ~exa.S KATER AOMINISTRA7~~ ~ ~~~ / ~/~~/II~~~ 'I~r///.~~/~~N/1~~/` /I-ti~~/ ^,/ ~' DATE REFERENCE NUMBER LOG NAME PAGE Og g~92 BH-0106 20BRYCE 1 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BRYCE AVENUE FROM WESTERN AVENUE TO TREMONT AVENUE (PROJECT N0. 67-040258) ~I 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 Bryce Avenue from Western Avenue to Tremont Avenue. nrcriiccrnn~ The 1986 Capital Improvement Program included funds for the improvement of Bryce Avenue from Western Avenue to Tremont Avenue. The street is not located in a Target Area and has never previously been constructed to City standards. Therefore, Community Development Block Grant (CDBG) Funds will not be used for any construction cost. One- and two-family residences are assessed at the standard residential rate Bryce Avenue will be constructed as a standard concrete streets including driveways and sidewalks On August 4, 1992 (M&C G-9761), the City Council established September 1, 1992, as the date of the benefit hearing. However, this date was changed to September 8, and proper notice has been made in accordance with Article 1105b, Vernon's Annotated Civil Statutes. Y s t~ Printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE WUMBER LOG NAME PAGE O9/ 8/92 BH-0106 ?_OBRYCE 2 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BRYCE AVENUE FROM WESTERN AVENUE TO TREMONT AVENUE PROJECT N0, 67-040258. 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 $ 21,097 97 ( 13%) City's share of cost $ 141,702.03 ( 87=0) Total cost $ 162,800 00 (1000) There are no unusual situations on this project that require special City Council consideration The project is in DISTRICT 7 MG a c r Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY y Office by to APPR016E0 Mike Groomer 6140 C~~ C®lf1`~C,~ Originating Department Head SEP ~ 1992 Gary Santerre 7804 (from) /~ ~^~ / For Additional Information . Cfi~+Secre~zyof t2te Contact Ci4Ii of FozE VfiorfiSt, Texas _ Gary Santerre 7804 Adopted Ordnance Nos //// =~ Printed on recycled Uaoer