HomeMy WebLinkAboutOrdinance 11080
1
ORDINANCE NO
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVXING ASSESSMENTS FOR PART OF
THE COST OF IMPROVING A PORTION OF SOUTH JONES STREET FROM BIDDTSON
STREET TO BOLT 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, DTRECTING THE CITY SECRETARX 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 JONES STREET from Biddison Street to Bolt Street, known and designated as
Project No 67-040276, 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 variable 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 28th day of April, 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 February, 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 - Of FICIAL RECO~~
APT P T115
CITY SEC
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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 s~u~~t i~n-.any court, or
( iii } as provided in the mechanic's and materialman's contr E!t~~~~c~~~~ t~eld~~bya.~ this
ordinance The city shall exercise all powers to aid in ,t,~~~ enfor~em~~t~~ and
collection of the assessments ~i s~e,
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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
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 receigted 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 certif-.i-c.a~-e-and- against
personal liability of the owners have been completed The reci~al T~shFa~ll~~be~~~pr;ima
facie evidence of all matters recited in the certificates, and no f~u~r~th'~e~'proof shall
be required in any court ~''~'~°~ ~~~~~~'~~
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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 after the date of its
passage, and it is so ordained
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PASSED AND APPROVED this U day of ry -~ 19~
APPROVED AS TO FORM AND LEGALITY
Date ----------------------------
Adopted --~~~----~----
Effective
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SOUTH JONES STREET
BIDDISON STREET TO .BOLT STREET
PROJECT NO 67-040276
EXHIBIT A
FEBRUARY 1992
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SOIITH JONES STREET FROM BIDDISON STREET TO BOLT STREET
PROJECT NO 67-040276
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
SMITH, J S ADDITION
Block 7, Lots 12,13,14,15,16,17,18,19,20,21,22
Block 12, Lots 12,13,14,15,16,17,18,19,20,21,22
Block 25, Lots 12,13,14,15,16,17,18,19,20,21,22
Block 30, Lots 13,14,15,16,17,18,19,24
Block 29, Lots 1,2,3,4,5,9
Block 26, Lots 1,2,3,4,5,6,7,8,9,10,11
Block 8, Lots 1,2,3,4,5,7,8,9,10,11
WORTH HEIGHTS ADDITION
Block 3, Lots 11,12
Block 4, Lots 1,22
Block 5, Lots 1,22
Block 6, Lots 11,12
Block 11, Lot 12
Block 12, Lots 1,22
Block 14, Lots 11
Block 15, Lot 1
CITY OF FORT WORTH OWNERSHIP
SMITH, J S ADDITION
Block 30, Lots 20,21,22,23
Block 29 Lots 6,7
WORTH HEIGHTS ADDITION
Block 15 Lot 22
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TPROJECT ENO 67,-040276-00, ~UTH JONES STREET FROM BIDDISON~REET TO BOLT STREET,~"to be
"improved by constructing a six-inch thick reinforced concrete pavement with a seven-inch high
attached concrete cucb over a six-inch thick lime stah~ilzed subgrade so that the finished
roadway will be thirty feet wide on a variable width Right-Of-Way Six-inch thick concrete
driveway approaches and four-inch thick concrete sidewalks will be constructed where shown on
the plans
OWNER b LEGAL DESCRIPTION ZONING
BEGINNING AT BIDDISON AVENUE
----------------------------
WEST SIDE
DR=W STREET INTERSECTS
000002779234
DICK E SALINAS
421 E MASON STREET B
FT WORTH TX ?6110
BLK 11 LOT 11
20$ TAD OF $2,000 = $400
J S SMITH ADDITION
ADJUSTED.RESIDENTIAL VACANT (1)
MASON STREET INTERSECTS
000002779846
GENERAL LEASING CO
P 0 BOX 9807
SCOTTSDALE AZ 85252
BLR 14 LOT 14R
40$ TAD OF $338,000 = $135,200
FRONTAGE
RATE
AMOUNT ASSESSMENT
-------------------------
PROPERTY #1
120 00'FRONTAGE
100 00'PAVEMENT
100.00'CURB
18 44 1844 00
1.87 187 00
2031 00
ENHANCEMENT
4800 00
400 00
-------------------------
PROPERTY #2
E 120 00'PAVEMENT
120 00'CURB
90.08'SF DR APPR
420.00 SF SDWR{R)
37 62
2 51
3.21
2.94
LESS CREDIT
J S SMITH ADDITION
ADJUSTED:COMMERCIAL BUSINESS
BEGINNING AT E BOLT STREET
EAST SIDE
PAFFORD ~~REET iNTFRSECTS
OG0003665526
RAMON LOPEZ JR
3845 S JONES ST
FT WORTH TX 76110
BLK 29 LOT 11
20$ TAD OF $7,200 =51,440
ENHANCEMENT
-------------------------
PROPERTY #3
B 100.00'PAVEMENT 18 44
100.00'CURB 1 87
53.20'SF SDWK(N) 2 94
4514 40
301.20
289.16
1234 80
6339 56
617 40
5722.16
4800 00
4800 00
OfFiC[AL REC~~p
1844.00 Ci~l ! SEC~E~AR~
187 00 ~'T, ~ORT~, ~'. ~
156 41
2187 41
WORTH HEIGHTS ADDITION
ADJUSTED RESIDENTIAL VACANT
ENHANCEMENT
4000 00
1440.00
- 2-
OWNER & LEGAL DESCRIPTION ZONING
000003665518
JOE ERNEST PEREZ
1021 MINDEN ST B
FT WORTH TX 76110
BLK 29 LOT 10
20$ TAD OF $4,800 = $960
WORTH HEIGHTS ADDITION
ADJUSTED'RESIDENTIAL VACANT
----------------------------
000003665488
LAURA GOMEZ
2845 LIPSCOMB
FT WORTH TX 76110
BLK 29 LOT 8
20$ TAD OF $2,400 = $480
WORTH HEIGHTS ADDITION
ADJUSTED•RESIDENTIAL VACANT
BUTLER STREET INTERSECTS
----------------------------
000006417280
FORT WORTH ISD
3200 LANCASTER
FT WORTH TX 76102
BLR lOR LOT 1
40$ TAD OF $2,339,597=$935,836
WORTH HEIGHTS ADDITION
ADJUSTED•SCHOOL
s
FRONTAGE RATE
-----------------------
PROPERTY #4
50.00'PAVEMENT 18 44
50 00'CURB 1 87
54 40'SF SDWK(N) 2 94
ENHANCEMENT
AMOUNT
922 00
93 50
159 94
1175 44
2000.00
-------------------------
PROPERTY #5
B 50.00'PAVEMENT 18 44 922 00
50.00'CURB 1.87 93 50
1015 50
ENHANCEMENT 2000.00
-------------------------
PROPERTY #6
B 550 00'PAVEMENT 37.62 20691.00
550 00'CURB 2 51 1380 50
160 78'SF DR APPR 3 21 516 10
2052 00 SF SDWK(R) 2.94 6032 88
28620 48
LESS CREDIT 3016 44
25604.04
ENHANCEMENT 22000 00
OF~1ClAl RECORD
cry ~ECRETAR~
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ASSESSMENT
960 00
480 00
22000 00
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OWNER 6 LEGAL DESCRIPTION ZONING
------------------------- ------
RIPY STREET INTERSECTS
000003661571
ROBERT b NANCY
ROBERTS
618 N WALL ST B
BECTON TX 76513
BLR 8 LOT 6
20$ TAD OF $4,800 = $960
WORTH HEIGHTS ADDITION
ADJUSTED:RESIDENTIAL VACANT
•
FRONTAGE RATE
-------------------------
PROPERTY ~7
AMOUNT
50 00'PAVEMENT 18 44 922 00
50 00'CURB 1 87 93 50
1015.50
ENHANCEMENT 2000 00
i,
ASSESSMENT
960 00
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SOIITH JONES STREET FROM BIDDISON STREET TO BOLT STREET
PROJECT NO 67-040276
COST DISTRIBIITION
A COST TO PROPERTY OWNERS .
B COST TO THE CITY OF FORT WORTH
Street Improvements ... ... .$379,960 00
Engr Insp /Admin.. $ 41,100 00
(10$ of Estimate $411,000 00)
C. TOTAL ESTIMATED PROJECT COST ..
$ 31,040 00
$421,060 00
$452,100 00
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CITY POLICY
The Assessment Paving Policy establishes four methods of determining assessments
and allows for the residential rate to be applied to vacant lots as appropriate
Under this policy assessments cannot exceed
(a) The computed rate
(b) The enhancement to the property
(c) For residential property; twenty percent (20$) of the property values
as determined by the Tarrant Appraisal District
(d) For commercial property, 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) Credit is givin for the second 100 feet of sidelot frontage for residential
property
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OFFICIAL ~ECORO ~~
C1T~ ~ECRETA
FT. WORTO, TES,
FASTER FILE 1.
9
74000UNTING 2 City of Fort ~~orth, Texas
lT.6tAYdSPORTATION~PUBLIC WORp{g~ M
N'AT'E€2 ADMINLi:7! '. da oy. aid ~;~y~,~r Ca,yylmunicatu~n
ve~vaai
~AT~.. R FEREN E NUMBER BH-0091 L NAME ~ PA E
04/28/92 20BHJONE 1 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF SOUTH JONES STREET FROM BIDDISON
STREET TO BOLT STREET (PROJECT N0. 67-040276)
RECOMMENDATION:
f=
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 Jones
Street from Biddison Street to Bolt Street.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of South Jones
Street from Biddison Street to Bolt Street. The street is in the Worth Heights Target
Area and has never previously 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 Jones Street will be constructed with standard concrete pavement including
standard driveways and sidewalks as shown on the plans.
On March 24, 1992 (M&C G-9574), the City Council established April 28, 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 $ 31,040.00 ( 7%)
City's share of cost $ 421,060.00 ( 93%)
Total cost $ 452,100..00 (100%)
o~~cs~~ RECa~o
CITY ~ECRET~~
~~'. ~~OCT~~, TEX.
Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
04/28/92 REFEREN E NUMBER
8H-0091 L G NAME
20BHJONE PA E ~---
2 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT
STREET TO BOLT STREET PROJECT N0. PAVING OF SOUTH JONES STREET FROM BIDDISON
67-040276
There are no unusual situations on this project that require special City Council
consideration.
The project is in DISTRICT 9.
MG:j
Su tte or City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to t'~(~VL U
CITY ~Q~~I~I~
Mike Groomer 6140 i1C0 ~~0
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Or g nat ng Department Nea .
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APR ~ffi
1992
Gary Santerre 7804 rom _
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For A ditional Information ""~ ~~Z
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Contact:
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Gary Santerre 7804 e
t
Citp ~~cxetary o
'tcr f r~ ~Ya t
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-r~ Printed on recycled paper