HomeMy WebLinkAboutOrdinance 10920ORDINANCE NO ~~
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF CHENAULT AVENUE FROM BAURLINE
STREET TO RIVERSIDE DRIVE, 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
CITX 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:
CHENAULT AVENUE from Baurline Street to Riverside Drive, known and
designated as Project No 67-040221-00, 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 thirty 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
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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 17th day of September, 1991 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 ali 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 of abutting property
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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 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, th.e 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
fihe 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 imgrovements 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 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 ~ ~ Q.tt lg~
APPROVED AS TO FORM AND LEGALITY
A
i .. ~
City Attorney
Date ----------------------------
Adopted -- ---~~---~~-------
Effective --`---J~ ~ -~/ ----
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CHENAULT AVENUE
(BAURLINE STREET TO RIVERSIDE DRIVE)
PROJECT N0. 67-040221-00
EXHIBIT A
JULY 1991
4
CHENAULT AVENUE FROM BAURLINE STREET TO RIVERSIDE DRIVE
PRO.7ECT N0. 67-040221
The Assessment Paving Policy as revised November 6, 1990 (M&C G-8894), 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- and two-family residences will not be assessed.
NORTH RIVERSIDE ADDITION
Block 3, Lots 9,10,12
Block 4, Lots 7,8,9,10,11,12
Block 5, Lots 7,8,9,10
Block 6, Lot 10
Block 23, Lots 1,2,3,4,5
Block 24, Lots 4,SA
Block 25, Lots 1,2,4,5,6
Block 26, Lots 1,2,3,4,5,6
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PROJECT NO 67-040221-00, CHENAULT AVENUE, FROM BAURLINE STREET TO RIVERSIDE DRIVE, 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 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
-------------------------
BEGINNING AT BAURLINE STREET
SOUTH SIDE
000002466031
MAY PEARL FLINT
1201 E TERRELL AVE
FT WORTH TX 76104
BLK 25 LOT 3
20$ TAD OF $6000 = $1200
ZONING FRONTAGE RATE AMOUNT ASSESSMENT
------ -------- ---- ------ ----------
NORTH RIVERSIDE ADDITION
B 50 00'PAVEMENT 18 44 922 00
50 00'CURB 1 87 93 50
1015 50
ENHANCEMENT 2000 00
(1) VACANT, RESIDENTIAL
CHANDLER AVENUE INTERSECTS
----------------------------
000002465825
LEWIS W GRAVES
3300 FISHER AVE E
FT WORTH TX 76111
BLK 23 LOT 6
NORTH RIVERSIDE ADDITION
-------------------------
50 00'PAVEMENT 35 84 1792.00
50 00'CURB 3 46 173 00
1965.00
ENHANCEMENT 2000 00
VACANT, COMMERCIAL
BEGINNING AT RIVERSIDE DRIVE
----------------------------
NORTH SIDE
000002465515
GEORGE WOOD COMPANY
P d BOX 7641
FT WORTH TX 76111
BLK b LOT 590' 7 AND 8
ADJUSTED (2) BUSINESS
NORTH RIVERSIDE ADDITION
-------------------------
E 100.00'PAVEMENT 35 84
89 00'CURB 3 46
279 95'SF DR APPR 2.68
ENHANCEMENT
3584.00
307 94
750 27
4642 21
4000 00
1015 50
1965 00
4000 00
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QWNER & LEGAJ DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NORT,~i RIVERSIDE ADDITION ------ ----------
000002465523
GEORGE MOOD COMPANY -`
P 0 BOX 7641 E 50 00"PAVEMENT 35 84 1792.00
FT WORTH TX 76111 50 00'CURB 3 46 173 00
BLK 6 LOT 9 279 95'SF DR APPR 2 68 750 27
2715 27
LESS CREDIT 553.9b
2161 31
ENHANCEMENT 2000.00
2000 00
ADJUSTED•(3) PARKING LOT
NORTH RIVERSIDE ADDITION
00000246555.8 '
DAVID T LONG SR
ETUX HILDA '
4920 ST LAWRENCE RD B 100.00'PAVEMENT 18 44 1844 00
FT WORTH TX 76103 100 00'CURB 1 87 187 00 ~
BLK 6 LOTS 11, 12 ~
20$ TAD OF $12000 = $2400 ~
2031 00 ~
ENHANCEMENT 4000 00
(1) VACANT, RESIDENTIAL 2031 00
JUDKINS STREET INTERSECTS NORTH RIVERSIDE ADDITION
000002465191 ---------------
PENTECOSTAL COLIC
2815 CHENAULT ST B 50 00'PAVEMENT 9 22 461 00
FT WORTH TX 76111 50 00'CURB 0 94 47 00
BLK 3 LOTS 7 249 00'SF SDWK(R) 2 14 532 86
1040 86
LESS CREDIT 402 83
638 03
ENHANCEMENT 2000 00
638 03
ADJUSTED (4)(5)(6) CHURCH, EXEMPT
NORTH RIVERSIDE ADDITION
000002465205
M H DAVIDSON
4509 ROLLING HILLS DR B 50 00'PAVEMENT 18 44 922 00
FT WORTH TX 76119 50 00'CURB 1 87 93 50
BLK 3 LOT 8
20$ TAD OF $4500 = $900
1015 50
LESS CREDIT 272.58
742 92
ENHANCEMENT 2000 00
742 92
ADJUSTED•(1)(4) VACANT, RESIDENTIAL
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OWNER 6 LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT
------------------------- ------ -------- ---- ------
NORTH RPVERSIHE ADDITION
000002465221
LAFAYETTE B WILLIAMS
GEORGE M WILLIAMS SR
1513 OAR GROVE ROAD B 50 00'PAVEMENT 18 44 922 00
FT WORTH TX 76134 50 00'CURB 1 87 93 50
BLK 3 LOT 11
20~ TAD OF $6000 = $1200
1015 50
LESS CREDIT 272 58
742 92
ENHANCEMENT 2000 00
ADJUSTED'(1)(4) VACANT, RESIDENTIAL
ASSESSMENT
742 92
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4
CHENAULT AVENUE FROM BAURLINE STREET ZL~ RIVERSIDE DRIVE
PROJECT N0. 67-040221
CO6T DISTRIBUTION
A. COST TC) PROPERTY OWNERS ................................$ 13,135.37
B. COST Zi0 THE CITY OF FORT WORTH .........................$147,178.63
Street Improvements .......................$131,147.23
Engr. Insp./Aclmin .........................$ 16,031.40
(10$ of Estimate $160,314.00)
C. TOTAL ESTIMATED PROJECT COST ...........................$160,314.00
CITY POLICY
19ze Assessment Paving Policy as revised November 6, 1990 (M&C G-8894)
establishes three methods of determining assessments and allows for the
residential rate to be applied to vacant lots as appropriate. Under this policy
assessments cannot exceed:
(a) The c~nputed rate.
(b) The enhancement to the property.
(c) For residential property; twenty percent (20$) of the property values
as determined by the Tarrant Appraisal District.
NOTES:
(1) Computed for residential vacant lots based on 20$ of appraised value.
(2) Curb inlet credit.
(3) TA397 - Traffic Approval dated December 14, 1973. 60$ credit given for
replacement of curb and driveway approach.
(4) 45~ credit for curb and 25~ credit
reconstruction in March, 1970.
for pavement given due street
(5) All replacement of sidewalks is at 50$ cost to the property owner and 50$
cost to the City.
(6) 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
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MASTER FILE. 1.
ACCOUNTING 2 Cry OV i ~ Il/ VI v~ .L ~~{+h7
TRANSPDRTATI01! U~ RK$~,, a~~ ~~~~~ C'~nnmuni~cc~ti~~n
V~A7"ER ADMINISiRA7iDN, 4,'
LA~J•
0~
~E
09/17/91 REFEREN E NUMBER
BH-0066 L NAME
20BHCHEN PA E
1 of 1
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF CHENAULT AVENUE FROM BAURLINE
STREET TO RIVERSIDE DRIVE PROJECT N0. 67-040221
RECOMMENDATION:
~s 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 Chenault
Avenue from Baurline Street to Riverside Drive.
DISCUSSION:
Tfie ~8b-Capital Improvement Program included funds for the improvement of Chenault
Avenue (Baurline Street to Riverside Drive). The street is in the Riverside Target
Area. The section from Baurline Street to South Judkins was built to City Standards
in March 1970. The remaining portion has never 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.
Chenault Avenue will be constructed with standard concrete pavement. Standard concrete
driveways and sidewalks will be built where shown on the plans.
the City Council established September 17, 1991, as
On August 13, 1991 (M&C G-9260)
,
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 13,135.37 8%
City's share of cost 147,178.63 92%
Total cost 160,314.00 100%
There are no unusual situations on this project that require special City Council
consideration. The project is in Council District 8.
MG:b
Su1tm tte for C ty Manager's FUND AC OUNT CENTER AMOUNT a °ff R T Y+
Office ay: to C
ITY COUNCIL
Mike Groomer 6140 d O
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Ad
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Orig nat~ng Department Nea 8
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~~P 24 1991
Gary Santerre 7804 from
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For Additional Information ""~*~
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Contact:
Gary Santerre 7804 Citq SeccataYy of the
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