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HomeMy WebLinkAboutOrdinance 11170ORDINANCE NO I l ! V AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF SEMINARY DRIVE FROM SYCAMORE CREEK TO CAMPUS DRIVE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS, FTXING 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 CI'~Y SECRETARY 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 and ordered that each of the following portions of streets, avenues and public places be improved by raising, grading, filling and constructing thereon SEMINARY DRIVE from Sycamore Creek to Campus Drive, known and designated as Project No 67-040248, to be improved by constructing an eight-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 ninety feet wide on a variable width Right-of-Way Six-inch thick reinforced concrete driveway approaches will be constructed where shown on the plans 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 22nd 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 far 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 June, 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 property described in personally liable only interest bears to the jointly owned property proportionate amount owes 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 i 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 contract created by this ordinance The city shall exercise all powers to aid in the enforcement and collection of the assessments -3- VII The total amount assessed .against and the owners thereof is in accord with improvements and assessments thereof and allowed and permitted by the law 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 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- 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 X I .. 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 other 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 file this Ordinance in the appropriate Records of the City XV The ordinance shall take effect and be in full force after the date of its passage, and it is so ordained -5- PASSED AND APPROVED this ~ day of 19~ APPROVED AS TO FORM AND LEGALITY 0 City Attorney Date ---------------------------- Adopted -~~~~~~~----- Effective ----------------------- -6- SEMINARY DRIVE FROM SYCAMORE CREEK TO CAMPUS DRIVE PROJECT NO 67-040248 EXHIBIT A JUNE 1.992 SEMINARY DRIVE FROM SYCAMORE CREEK TO CAMPUS DRIVE PROJECT NO 67-040248 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$) of the property values as determined by the Tarrant Appraisal District (d) For commercial property located within a target area, forty percent (40$) 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 The following property owned by the City of Fort Worth is not assessed WETMORE , IOU I S SURVF,Y Abstract 7.649 Tract 2A The following property owned by the State of Texas is not assessed WETMORE, LOUIS SURVEY Abstract 1.649 Tract 2 ARMENDARIS, JUAN SURVEY Abstract 1768 Tract 5 COLLETT, JOHN SURVEY Abstract 260 Tract 1 ~~ -1- PROJECT NO 67-040248, SEMINARY DRIVE, FROM SYCAMORE CREEK TO CAMPUS DRIVE, to be improved by constructing an eight-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 ninety feet wide on a variable width Right-of-Way Six-inch thick reinforced concrete driveway approaches will be constructed where shown on the plans OWNER b LEGAL DESCRIPTION BEGINNING AT CAMPUS DRIVE ------------------------- NORTH SIDE 000004882083 INDUS JOINT VENTURE $ M ASLAM MALIK 3821 LANDS END ST FT WORTH TX 76109 ABST 694 TR 2J 40$ TAD OF $227,840=$91,136 ZONING J FRONTAGE RATE AMOUNT PROPERTY #1 950 00'PAVEMENT 60.63 57598 50 950 00'CURB 2 69 2555 50 60154.00 ENHANCEMENT 38000 00 ASSESSMENT 38000 00 HICKS, WILLIAM SURVEY ADJUSTED'COMMERCIAL VACANT ---------------------------- 000004617770 INDUS JOINT VENTURE $ M ASLAM MALIK 3821 LANDS END ST FT WORTH TX 76109 ABST 1768 TRS 4, 4A 40~ TAD OF $600,048=$240,Oi9 ------------------------- PROPERTY #2 J 1301.00'PAVEMENT 1279 00'CURB 60 63 78879 63 2 69 3440.51 82320 14 ENHANCEMENT 52040 00 ARMENDARIS, JUAN SURVEY ADJUSTED.COMMERCIAL VACANT (1) ---------------------------- 000005701996 INDUS JOINT VENTURE $ M ASLAM MALIK 3821 LANDS END ST FT WORTH TX 76109 ABST 1649 TR 2J 40~ TAD OF $3,240 = $1,296 ------------------------- PROPERTY #3 B 55 00'PAVEMENT 55 00'CURB 60 63 3334 65 2 69 14? 95 3482 60 ENHANCEMENT 2200 00 52040 00 1296 00 WETMORE, LOUIS SURVEY ADJUSTED COMMERCIAL VACANT -2- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE ------------------------- ------ -------- ---- ---------------------------- ------------------------- 000002707217 ~ PROPERTY #4 THE SALVATION ARMY INC 408 TAYLOR ST C 212 00'PAVEMENT FT WORTH TX 76102 196 00'CURB BLK 1 LOT 1 202 45'SF DR APPR 40$ TAD OF $1,048,880=$419,552 SEMINARY PARK ADDITION ADJUSTED COMMERCIAL REST HOME (1) SYCAMORE CREEK INTERSECTS SOUTIi SIDE 000004981812 BRISCO ENTERPRISES LTD II 2016 EVANS AVE E FT WORTH TX 76104 BLOCK A LOTS 1A,2,3 40$ TAD OF $8,950,000=$3,580,000 REGALRIDGE SQUARE ADDITION ADJUSTED.COMMERCIAL APARTMENTS (1) AMOUNT 60 63 12853 56 2 69 527 24 3 21 649 86 14030 66 ENHANCEMENT 8480 00 ------------------------- PROPERTY #5 1181.00'PAVEMENT 1165 00'CURB 490 15'SF DR APPR 60.63 71604.03 2 69 3133 85 3 21 1573.38 76311 26 ENHANCEMENT 47240.00 ` ASSESSMENT 8480 00 47240 00 -3- SEMINARY DRIVE ~ FROM SYCAMORE CREEK TO CAMPUS DRIVE PROJECT NO 67-040248 COST DISTRIBIITION A COST TO PROPERTY OWNERS B COST TO THE CITY OF FORT WORTH Street Improvements Engr Insp /Admin (10~ of Estimate $780,313 40) C TOTAL ESTIMATED PROJECT COST NOTE (Z) Curb inlet credit $633,257 40 $ 78,031 34 $1.47,056 00 $711,288 74 $858,344 74 -4- MASi"ER F(t.E•D ~~ ACCOUNi1N0 2 City of Fort ~ortl~ Texas TRANSPORTATtON'PU841C Y~ORICSE~~, YynfER /~UMI ~1 R.ayor and C:ou~-,c~il C~-mmuncati~~n 09/22 92 BH-0108 20BHCR I of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF SEMINARY DRIVE FROM SYCAMORE CREEK TO CAMPUS DRIVE (PROJECT N0. 67-040248) 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 Seminary - Drive from Sycamore Creek to Campus Drive. DISCUSSION: Although the project was not included in the 1986 Capital Improvement Program, it was added using District 8 Undesignated Funds. The street is not located within a Target Area and has been constructed to City standards. Community Development Block Grant (CDBG) funds will not provide a portion of the construction cost. No assessments are levied against one- and two-family residences. Seminary Drive will be constructed as a standard concrete street including driveways. On August 18, 1992 (M&C G-9784), the City Council established September 22, 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 ;~ ,, , , ~ a.s ~'kw 1 ~.J j '+r~ i .~ ~ f' i ~ a.~ .~ -f •...t, S ti a„s.• i :J'. .f ~ ...t < ~ s ~ $147,960.00 ( 17%) $710,384.74 ( 830) $858,344.74 (1000) Lri Printed on recycled paper City of Fort WartJt, Texas Mayor and Council Communication _ DATE 09/22/92 REFERENCE NUMBER gH-0108 LOG NAME ~ 20BHCR PAGE 2 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT CREEK TO CAMPUS DRIVE PROJECT N0. PAVING OF SEMINARY DRIVE FROM SYCAMORE 67-040248 There are no unusual situations on this project that consideration. This project is in DISTRICT 8. MG:k require special City Council . Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head SEP 22 1992 Gary Santerre 7804 from ~ dopted Ordinance No. For Additional Information C ~~c.:y of tt-s Contact Citp of Foz;t Wot{h,TeXas Gary Santerre 7804 Printed on recycled paper