HomeMy WebLinkAboutOrdinance 10912.,. <.
ORDINANCE NO l!
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF HALE AVENUE FROM IRION STREET TO
MOORE 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; 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
x
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.
HALE AVENUE from Irion Street to Moore Street, known and designated as
Project No 67°040232-00, 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 twenty-eight feet wide on a fifty foot
width Right-of-Way. Four-inch thick concrete sidewalks
and six-inch thick reinforced concrete driveway approaches
will be constructed where shown on the plans
~F~6~l~~1 RE~~~D
CIS SE~RETAR~~
F~. WORTN, TEX.
-1-
. r~
a ;i
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 3rd day of September, 1991 at 7 00
o'clock P 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 July, 1991, and
against the owners thereof, whether named or incorrectly named, the sums of money
itemized opposite the description of the respective parcels
~~~E~~l~ ~.~S~~ty
FTo Ot ~lpZ~ ~~~\a
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 contr,~ct created by this
ordinance The city shall exercise all powers to aid in I ~~~C~~~4~fo~~~~~i~t and
collection of the assessments
c~~ s~cR~~~~~
-3- L ~To WO~~~, ~~Xa
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
a
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 groject, 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 s-hall 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 nr~-he shall
be required in any court d~~l~~~~ ~~~
~~ 6 1 ~~'~a~~~~~~
-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
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
passage, and it is so ordained
-5-
:ter the aate
OFf~CiAL RLCflRD
Cf~Y ~LCRETARY
F~'. ~aR~O, TL~e
OI
its
PASSED AND APPROVED this GC~~ day of 19~_
APPROVED AS TO FORM AND LEGALITY
City Attorney
Date ----------------------------
Adopted -
~~~ ,- ~L------------
Effective -----------------------
O~FIC~~E RECORD
C!~ ~ECCE~~C~
-6- FT. O~09 SEX.
HALE AVENUE
(IRION STREET TO t~t00RE STREET)
PROJECT N0. 67-040232-00
EXHIBIT A
JULY 1991
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TEX.
HALE AVEN[JE FROM IRION STREET TO MOORE STREET
PROJDCT N0. 67-040232-00
The Assessment Paving Policy as revised November 6, 1990 (M&C 08894), provides that
property zoned and used as one-- or two-family residential propertX in a target area
will not be assessed for street New Construction. Under this policy, the owners of
the following improved property zoned and used as one- and two-family residences will
not be assessed.
DIAMOND HILL ADDITION
Block 30, Lets 1,2,4,5,6,7,8,9,10,11,12,31
Block 29, Lots 1,17,18,19,20,21,22,23,24,25,26,27,28
o~FrCea~ RECO~~
-1- I CIiY SECRETARY
ET. WORTO, TEX.
9
r
PROJECT NO. 67-040232-00, HALE AVENUE FROM IRION STREET TO MOORE 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 twenty-eight feet wide on a fifty foot wide Right-of-Way. Four-inch thick concrete
sidewalks and six-inch thick reinforced concrete driveway approaches will be constructed where
shown on the plans.
OWI~R & LEGAL DESCRIPTION
BEGINNING AT IRION
NORTH SIDE
000004663799
LILYANN BEAVERS
621 WORTHVIEW DRIVE
FORT WORTH, TX 76114
BLK 30 LOT 3
20$ TAD OF 3000 = 600
ZONING FROPTTAGE
B
AQ7USTED: (1) VACANT, RESIDENTIAL
COST DISTRIBUTION
1,015.50
ENHANCEP~IENT 2,000.00
ASSESSMENT
600.00
A. OOST TO PI2fJPERTY OWNER.......... .... ..... ... .$ 600.00
... ... ........ ............
B. COST TO THE CITY OF FORT WORTEi .........................................$97,960.00
Street Improvements .......................................$89,000.00
Engr. Insp./Admin .. ........ .............................$ 8,960.00
(10$ of Estimated $89,600.00)
C. TC)TAL ESTIMATED PROJECT CO6T ..........................................$98,560.00
POLICY
The Assessment Paving Policy as revised November 6, 1990 (M&C G-8894) establishes three methods
of determining assessments and allows for the residential rate to be applied to vacant lots as
appropriate. Under this policy assessments cannot exceed:
(a) The computed rate.
(b) The enhancement to the property.
(c) For residential property; twenty percent (20$) of the property values as
determined by the Tarrant Appraisal District.
(1) Computed value for residential vacant lot based on the appraised value.
-2- OFF[CIAL RFCO,~C
CITY SFCRFT~~Y
FT. WO~TII, TAX.
RATE AMOUI~TT
DIAMOND HILL ADDITION
50.00' PAVII~4ENT 18.44 922.00
50.00'CURB 1.87 93.50
MgSfER FIt,E 1
ACCOUNTING 2 City of Fort ~ortl~, Texas
lRANSpGRTATIGNIPUB~fjjC//WORKg.q
ATER AGMINI~/,~ ~ ayl,d ~u~-cil Cannmunic~cti~~n
~~~ y
DATE REFERENCE NUMBER L NAME PAGE
09/03/91 BH-0065 20BHHALE 1 of 1
SUBJECT BENEFIT NEARING FOR THE ASSESSMENT PAVING OF HALE AVENUE FROM IRION STREET TO
MOORE STREET PROJECT N0. 67-040232
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 Hale Avenue
from Irion Street to Moore Street.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of Hale Avenue
from Irion Street to Moore Street. The street is in the Diamond Hill 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.
Hale Avenue will be constructed with standard concrete pavement. Standard concrete
driveways and sidewalks will be built where shown on the plans.
On July 30, 1991 (M&C G-9246), the City Council established September 3, 1991, 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 appraise ,..J<ki,e.,.di~i.~-ion of
estimated construction cost is: ~, i;~~ ~~~~~~
Property owners' share of cost $ 600.00 ( 1%) C~~ 5~~~~Y
'
City
s share of cost $97,960.00 (99%)
Total cost $98, 560.00 (loo o) FT, INpRtH, TEX.
There are no unusual situations on this project that require special City Council
consideration. The project is in Council District 2.
MG:c
Su mitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to VED ~Y
CITY CQU~CIL
Mike Groomer 6140
Originating Department Hea opted Ordinance Noo
S~~ ~ l~gi
Gary Santerre 7804 from
For Additional Information ~ ~;~
Contact
Gary Santerre 7804 City Secretary of the
Printed on recycled paper