HomeMy WebLinkAboutOrdinance 11095.. ~~.
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ORDINANCE NO
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF
THE COST OF IMPROVING A PORTION OF CHESTNUT AVENUE FROM N W. 20TH STREET
TO N.W 25TH STREET, AND PORTIONS OF SUNDRX 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'
CHESTNUT AVENUE from N W 20th Street to N W 25th Street, known and
designated as Project No 67-040228/11-040228, to be improved
by constructing a 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 be from thirty to thirty-six 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 as 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 19th day of May, 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
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IV
Where more than
property described in
personally liable only
interest bears to the
jointly owned property
proportionate amount owe
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
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
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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 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
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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 day of
APPROVED AS Z'0 FORM AND LEGALITY
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City Attorney
Date ----------------------------
-------------------------
Adopted '" ~f of ~ "
Effective -----------------------
19
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CHESTNUT AVENUE
(NW 20TH STREET TO NW 25~`H STREET)
PROJECT NO b7-040228/l~z-040228
EXHIBIT A
FEBRUARY 1992
T.,•~.+r,d ~
PROJECT NO~. 67-840228/11-040228, CHESTNUT AVENUE FROM N W 20TH STREET TO N W 25TH STREET
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 from thirty to thirty-six feet wide on a sixty foot 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 & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
BEGINNING AT 21ST STREET
WEST SIDE PROPERTY ~1
000002750686
NORA MAE SPARKS
2624 ROOSEVELT AVE B 50 00'PAVEMENT 18 44 922 00
FT WORTH TX 76106 50 00'CURB 1.87 93 50
BLK 11 LOT 7
20$ TAD OF $4,000 = $800
1015 50
800.00
J W SHIRLEY ADDITION ENHANCEMENT 2000.00
ADJUSTED:RESIDENTIAL VACANT
----------------------------
000002750724
EDWARD M REYES
3908 RYAN AVENUE
FT WORTH TX 76110
BLK 11 LOT 11
20~ TAD OF $4,000 = $800
-------------------------
PROPERTY #2
B 50 00'PAVEMENT 18 44 922.00
50 00'CURB 1 87 93 50
200 00'SF SDWK(R) 2 14 428 00
1443 50
LESS CREDIT 214 00
1229 50
J W SHIRLEY ADDITION
ADJUSTED RESIDENTIAL VACANT
22ND STREET INTERSECTS
000002524147
RAMON ~ IRMA VARGAS
2108 COLUMBUS AVE
FT WORTH TX 76106
BLK 16 LOT 8
20$ TAD OF $4,000 = $800
ENHANCEMENT 2000.00
PROPERTY #3
B 50 00'PAVEMENT 18 44 922 00
50 00'CURB 1 87 93 50
200 00'SF SDWK(R) 2 14 428 00
LESS CREDIT
ROSEN HEIGHTS FIRST FILING
ADJUSTED RESIDENTIAL VACANT
1443 50
214 00
1229 50
ENHANCEMENT 2000.00
800 00
800 00
- 2-
OWNER & LEGAL DESCRIPTION ZONING
24TH STREET INTERSECTS
000002523671
SOUTHWESTERN BELL
208 S AKARD ST X2420 C
DALLAS TX 75202
BLK 14 LOTS 9,10,11,12
40$ TAD OF $454,359 $181,743
ROSEN HEIGHTS FIRST FILING
ADJUSTED.COMMERCIAL BUSINESS (1)
000002523604
NEW ROSE MISSIONARY
BAFTIST CHURCH
1301 NW 25TH ST F
FT WORTH TX 76106
BLK 14 LOTS 1,2, & N5' LT3
20~ TAD OF $94,038 = $18,807
ROS_EN HEIGHTS FIRST FILING
CHURCH EXEMPT (2)
BEGINNING AT 25TH STREET
EAST SIDE
000002523132
BUENA IGLESIA
BAUTISTA
2422 CHESTNUT AVE
FT WORTH TX 76106
BLK 11 LOTS 21,22,23,24
20$ TAD OF $251,061= $50,212
ROSEN HEIGHTS FIRST FILING
ADJUSTED'CHURCH EXEMPT (2)(3)
FRONTAGE
PROPERTY #4
RATE
200 00' PAVEMENT 45 55
200 00' CURB 3 43
792.00' SF SDWK(R) 2 14
93 95' SF DR APPR 2 68
LESS CREDIT
AMOUNT
9110 00
686 00
1694 88
251 79
11742 67
1048.88
10693 79
ENHANCEMENT 8000.00
PROPERTY #5
105 00'PAVEMENT 9.22 968 10
105 00'CURB 0 94 98 70
194 70'SF DR APPR 2 68 521.80
1588 60
ENHANCEMENT 4200 00
-------------------------
PROPERTY #6
F 200 00' PAVEMENT 9 22 1844 00
200.00' CURB 0 94 188 00
828 00' SF SDWK(R) 2.14 1771.92
117 20' SF DR APPR 2 68 314 10
4118 02
LESS CREDIT 1200 06
2917 96
ENHANCEMENT 8000 00
ASSESSMENT
8000.00
1588 60
2917 96
-3-
CHESTNUT AVENUE FROM NW 20TH STREET TO NW 25TH STREET
PROJECT N0. 67-040228/11-040228
The Assessment Paving Policy provides that property zoned and used as one- or
two-family residential property in a target area will not be assessed Under this
policy the owners of the following improved property zoned and used as one- or
two-family residences are not assessed
BILLING'S SIIBDIVISION
Block 1, Lots 12,13,14,15,16,17,18,19,20,21,22
Block 2, Lots 1,2,3,4,5,6,7,8,9,10,11
SHIRLEY, JW ADDITION
Block 8, Lots 12,13,14,15,16,17,18,19,20,21
Block 9, Lots 5,6,7,8
Block 10, Lots 1,2,3,4
Block 11, Lots 1,2,3,4,5,6,8,9,10
ROSEN HEIGHTS FIRST FILING
Block 9, Lots 9,10,11,12,13,14,15,16
Block 10, Lots 13,14,15,16,17,18,,19,20,21,22,23,24
Block 11, Lots 13,14,15,16,17,18,19
Block 14, Lots 4,5,6,7,8
Block 15, Lots 1,2,3,4,5,6,7,8,9,10,11,12
Block 16, Lots 1,2,3,4,5,6,7
CITY OF FORT WORTH OWNERSHIP
ROSEN HEIGHTS FIRST FILING
Block 14 Lot 3
-1-
OWNER b LEGAL DESCRIPTION ZONING
000002523124
JOSE 5ERNA
2105 WAGNER AVE C
FT WORTH TX 76106
BLK 11 LOT 20
40$ TAD OF $19,902 = $7,960
ROSEN HEIGHTS FIRST FILING
AbJUSTED:COMMERCIAL APARTMENTS
22ND STREET INTERSECTS
000002750465
MARCUS WAREN
1ST AMERICAN SAVING
PO BO 1258 E
HURST TX 76053
BLK 8 LOT 22
20$ TAD OF $4,000 = $800
J W SHIRLEY ADDITION
ADJUSTED'RESIDENTIAL VACANT (4)
FRONTAGE RATE AMOUNT
-------------------------
PROPERTX #7
ASSESSMENT
~:~ ,
50 00' PAVEMENT 45.55 2277 50
50 00' CURB 3.43 171.50
156.00' SF SDWK(R) 2.14 333 84
187.90' SF DR APPR 2 68 503.57
3286 4I
LESS CREDIT 166.92
3119 49
ENHANCEMENT 2000.00
PROPERTY #8
50 00'PAVEMENT 18 94 922 00
34.00'CURB 1 87 63 58
200 00'SF SDWK(R) 2 14 428 00
1413 58
LESS CREDIT 214 00
1199.58
ENHANCEMENT 2000 00
-4-
2000.00
800 00
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CHESTNUT AVENIIE FROM NW 20TH STREET TO NW 25TH STREET
PROJECT HO 67-040228/11-040228
COST DISTRIBUTION
A. COST TO PROPERTY OWNERS. .. .... ,.. ..... .......... $ 17,706.56
B. COST TO THE CITY OF FORT WORTH .... ... ........$477,293.44
Street Improvements .... ....... .. ...$432,293 44
Engr. Insp./Admin ....... ... .. ..........$ 45,000.00
(10$ of Estimate $450,000 00)
C. TOTAL ESTIMATED PROJECT COST ..... ... .. ........... $495,000 00
CITY POLICY
The Assessment Paving Policy establishes four methods of determining assessments and
allows for the residential rate to be applied to vacant lots as appropriate. Under
this policy assessments cannot exceed•
(a) The computed rate.
(b) The enhancement to the property
(c) For residential progeny; twenty percent (20$) of the property values
as determined by the Tarrant Appraisal District.
(d) For commercial property located within a target area, forty percent
(40$) of the property values as determined by the Tarrant Appraisal
District
All replacement of sidewalks is at 50~ cost to the property owner and 50~ cost to the
City.
NOTES:
(1) TA388 - Traffic Approval dated October 4, 1980 80~ credit given for
replacement of driveway approach.
(2) Tax-exempt places of worship are assessed at 50$ of the residential rate
$18 44 @ 50~ _ $9 22 for pavement
$ 1 87 @ 50$ _ $ 94 for curb
(3) TA322 - Traffic Approval dated May 28, 1985 100 credit given for
replacement of driveway approach
(4) Curb inlet credit
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MASTER FILE.l1
ACCOUNTING•2 City of Fort ~ortl~ Texas
-RANSPORTATION~P~
~,, and Cou~-cil ~Cannmunicati~~n
r~'
M n -ER AOMINISI RA ION • y
DATE
05/19/92. REFERENCE NUMBER
BH-0094 L NAME
20BHCHES PA E
1 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF CHESTNUT AVENUE FROM N.W. 20TH
STREET TO N.W. 25TH STREET (PROJECT N0. 67-040228/11-040228)
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 Chestnut
Avenue from N.W. 20th Street to N W. 25th Street.
nr~cu~~rnN~
The 1986 Capital Improvement Program (CIP) included funds for the improvement of
Chestnut Avenue from N.W. 21st Street to N.W. 22nd Street. The project was
subsequently expanded in the 1990 CIP to extend from N.W. 20th to N.W. 25th Street
The street is located in the Near North Target Area and has 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.
Chestnut Avenue will be constructed to the City's standard concrete pavement standard.
On April 14, 1992 (M&C G-9614),. the City Council established May 19, 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 $ 17,706.56 ( 4%)
City's share of cost $477,293.44 ( 96%)
Total cost $495,000.00 (100%)
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-~i Printed on recycled paper
City of Fort Worth, .Texas
Mayor aid Council- Communication ~ _ ....,
DATE 05/19/92 REFERENCE NUMBER BH-0094 LOG NAME
20BHCHES PAGE
2 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT
STREET TO N.W.. 25TH STREET PROJECT PAVING OF CHESTNUT AVENUE FROM N.W. 20TH
NO. 67-040228/11-040228
There are no unusual situations on this project that require special City Council
consideration..
The project is in DISTRICT 2.
MG:w
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to
~PPRQy~
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Mike Groomer 6140 >
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Originating Department Head 1 4 Q~~~iL
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Gary Santerre. 7804 from ~ ~~ Y8 ~~
opted 0 d+c-anc No.~
For Additiona Information
Contact ~aFfaata~ o[ e~zarf
Gary Santerre 7804
#~~ Printed on recycled paper