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Home My WebLink AboutOrdinance 10854ORDINANCE NO.~~~ AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF MARTIN AVENUE, FROM TRENTMAN STREET TO TAHOE 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 ordered that each of the improved by raising, grading, MARTIN AVENUE of Fort Worth, Texas, has declared the necessity for and following portions of streets, avenues and public places be filling and constructing thereon' driveway plans required from Trentman designated as by constructing pavement with over a six-inch the finished variable width Street to Tahoe Street, known and Project No 67-040207-00, to be improved a six-inch thick reinforced concrete a seven-inch high attached concrete curb thick lime stabilized subgrade so that roadway will be forty feet wide on a Right-of-Way Six-inch thick concrete approaches will be constructed where shown on the Drainage structures will be constructed as -1- :,, 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 21st day of May, 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 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 praperty; (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 April, 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. -2- _; 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 -3- ~~ 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 Cauncil 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 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. -5- ~. PASSED AND APPROVED this day of ~~~ 19~ APPROVED AS TO FORM AND LEGALITY. R City Attorney Date.---------------------------- Adopted:-~ ~ --~~-------- Effective -~---------~--------- -6- ~~; C pl• s ~ ' w • • • • M M I O •r• 1 f I . I ~t~ • ; •. t~•l •1.1. ~ ~ • • • • r tt -• r n • n w ^ • • S • C !k S ~ • • • • • ..t r » • • •. ~ •'' • a r ~ r r nisi • 1 4 f 1 ~ ~ w • ~4 t ~ .' • •I .t • 1 I• • s • + • • uoow•fr,nu r•. • yty , i •a~ syl,•~ahlal aw••a•.aah • • • •t r M~ r nl w I~t a; e, r~ • w • ~ iii f ' ~. 1 f ~ /////. ~~ ~7III/I//II f ~/I/I///II////I.li-~ ~ rII//I///~~IIIIIII (~ r '`"T . ft N ~ ~. t '~ 1 h t t ~ M y M~ O 1 ' q 1 • O r•~ A ~~t • ~-. :~~. •~.~• I I t' r. MARTIN AYENUE (TRENTMAN STREET TO TIWOE STREET) PROJECT N0. 67-040207-DO EXHIBIT A APRIL 1991 PROJECT NO 67-040207-00, MARTIN AVENUE, FROM~TRENTh1AN STREET TO TAHOE STREET, 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 forty feet wide on a variable width Right-Of-Way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans Drainage structures will be cons- tructed as required OWNER S LEGAL DESCRIPTION ZONING ------------------------- ------ FRONTAGE -------- RATE ---- AMOUNT ----- ASSESSMENT BEGINNING AT TRENTMAN STREET ---------------------------- TRENTMAN -------- CITY ADDITION ----------------- - ---------- SOUTH SIDE 000003167291 GARY STEWART 3000 S FREEWAY A 100 00' PAVEMENT 18 44 1844 00 FT WORTH TX 76104 100 00' CURB 1 87 187 00 BLK 2 LOT 7 #, 20$ OF $4,500 = $900 2031 00 ENHANCEMENT 4000 00 900 00 ADJUSTED #, VACANT, UNIMPROVED TRENTMAN CITY ADDITION 000003167305 JAMES E AND BOBBIE L HOWARD 3220 THANNISCH A 100 00' PAVEMENT 18 44 1844 00 FT WORTH TX 76105 100 00' CURB 1 87 187 00 BLK 2 LOT 9 #, 20$ OF $6,000 = $1,200 2031 00 ENHANCEMENT 4000 00 1200 00 ADJUSTED #, VACANT, UNIMPROVED MILLER AVENUE INTERSECTS ---------------------------- J T COUCH ADDITION ---- 000000634522 ---- ----------- ------ ALVIN D AND BRAXTON L TATUM RT 4 BOX 641 E 109 50' PAVEMENT 46 20 5058 90 ALVARADO TX 76009 109 50' CURB 2 95 323 03 BLK 1 LOT 1R 350 65' SF DR APPR 3 21 1125 59 6507 52 LESS CREDIT 362 70 6144 82 ENHANCEMENT 4360 00 4360 00 ADJUSTED &, (B), TA NO 34, BUSINESS - 1- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT NELL STREET INTERSECTS J T COUCH ADDITION 000000634913 J C ETUX BERNICE FILLMORE 4300 MARTIN ST B 70 00°PAVEMENT 18 44 1290 80 FT WORTH TX 76119 70 00'CURB 1 87 130 90 BLK 3 LOT 2 #, 20$ OF $2,000 = $400 1421.70 ENHANCEMENT 2800 00 400 00 ADJUSTED #, VACANT, UNIMPROVED BEGINNING AT TAHOE STREET HOMEWOOD ADDITION ---------------------------- ----------------- NORTH SIDE 000001359487 JOSEPH HERBERT JENKINS 06112 HARTMAN RD B 100 00'PAVEMENT 18 44 1844 00 FT WORTH TX 76119 100 00'CURB 1 87 187 00 BLK 5 LOT 14 #, 20$ OF $5,000 = $1,000 2031 00 ENHANCEMENT 4000 00 ADJUSTED #, VACANT, UNIMPROVED ---------------------------- 000001359495 CLYDE M MARSHALL JR HOMEWOOD ADDITION 1000 00 805 W T WAGGONER BLDG B 100 00'PAVEMENT 18 44 1844 00 FT WORTH TX 76102 100 00'CURB 1 87 187 00 BLK 5 LOT 15 #, 20$ OF $5,000 = $1,000 2031.00 ENHANCEMENT 4000 00 ADJUSTED #, VACANT, UNIMPROVED ---------------------------- 000001359525 ALVIN LEMONS HOMEWOOD ADDITION 1000 00 4409 MARTIN B 100 00'PAVEMENT 18 44 1844 00 FT WORTH TX 76119 100 00'CURB 1 87 187 00 BLK 5 LOT 17 #, 20$ OF $5,518 = $1,103 60 2031 00 ENHANCEMENT 4000 00 1103 60 ADJUSTED'#, VACANT, UNIMPROVED OWNER & LEGAL DESCRIPTION ZONING FRONTAGE - RATE AMOUNT HOMEWOOD ADDITION 000001359533 BETHESDA M B CHURCH 4401 MARTIN ST B 100 00'PAVEMENT 9 22 922.00 FT WORTH TX 76119 84 00'CURB 0 94 78 96 BLK 5 LOT 18 157 50'SF DR APPR 3 21 505 58 1506.54 LESS CREDIT 467 63 1038 91 ENHANCEMENT 4000 00 ADJUSTED &, *, TA NO 360, CHURCH / EXEMP HILLSIDE DRIVE INTERSECTS HOMEWOOD ADDITION 000001359185 MIDWESTERN DEV REALTY COMPANY 1918 COMMERCE BLDG 307 W E 580 00'PAVEMENT 46 20 26796 00 FT WORTH TX 76102 537 00'CURB 2 95 1584 15 BLK 4 LOTS 6, 7, 8, & 9 28380 IS ENHANCEMENT 23200 00 *, VACANT, UNIMPROVED MILLER AVENUE INTERSECTS 000001486462 W J AYTES 5913 BOWLING DR WATAUGA TX 76148 BLK 8 LOT 30 #, 20~ OF $4,000 = $800 W S KELLER ADDITION A 54 00'PAVEMENT 18 44 995 76 54 00'CURB 1 87 100 98 1096 74 LESS CREDIT 15 15 1081 59 ENHANCEMENT 2160 00 ADJUSTED &, #, VACANT, UNIMPROVED TOTAL ASSESSMENT AMOUNT -3- j - - ASSESSMENT 1038 91 23200 00 800 00 $ 35,002.51 MARTIN AVENUE, (TRENTMAN STREET TO TAHOE STREET) PROJECT NO 67-040207-00 COST DISTRIBUTION A. COST TO PROPERTY OWNERS.. . B COST TO THE CITY OF FORT WORTH ... Street Improvements $ 416,997 49 Engr Insp /Admin $ 45,200 00 (10~ of Estimate $452,000 00) C TOTAL ESTIMATED PROJECT COST .. .$ 35,002 51 $ 4b2,197 49 $497,200.00 -4- ~f' . - !, MARTIN AVENUE, TRENTMAN STREET TO TAHOE STREET PROJECT N0. 67-040207-00 fihe Assessment Paving Policy as revised November 6, 1990 (MSC G-8894), provides that property zoned and used as one or two-family residential property in target areas Will not be assessed for street New Construction Under this policy, the owners of the following improved property zoned and used as one and two-family residences will not be assessed TRENTMAN CITY ADDIfiION Block 2, Lots D, E, F, G, Block 2, Lots 4, 5, 6, 7, 8, 10A, J.T. COUCH ADDITON Block 1, Lots 18, 17R, Block 2, Lots 1, 2, 17, 18, Block 3, Lots 1, ECHO HEIGHTS ADDITION Block 1, Lot 1 Block 2, Lots 1, 35 Block 3, Lots 1, 34 flock 4, Lots 1, 30 HOMEWOOD ADDITION Block 4, Lots 10, 11, 12, 13, 14 Block 5, Lots 13, 16A, 16B FW.S. KELLER ADDITION Block 8, Lots 21, 22, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 -5- F~j~ i t MARTIN AVENUE, FROM TRENTMAN STREET TO TAHOE STREET PROJECT NO. 67-040207-00 LEGEND: * Curb Inlet Credit & Represents credits for current life of existing pavement and/or curb/gutter, and driveway approaches, per Assessment Paving Policy. # Represents assessment amount being 20~ of the TAD appraisal and is the lesser amount between: (For Residentially zoned properties) A. Computed Assessment B. Enhancement C. TAD Appraisal NOTES: (A) TRAFFIC APPROVALS (A1) T.A. (Traffic Approval) No. 360, dated 12-16-75, 80~ credit is applied for curb and driveway approaches. (A2) T.A. (Traffic Approval) No. 34, dated 2-9-71, 60~ credit is applied for curb. (B) The street was constructed in 1957. 15~ credit was applied for all existing curb and driveway approaches constructed to City Standard except where "TA is indicated above. (C) Property used for tax-exempt places of worship are credited 50~ of the residential rate for pavement curb/gutter. r -6- MASER FILE 1 ACCOUNTING-2 ~$~'nJf ®~ ~~°~ ° ~®~'~~,' ~~~~~y 7RANSPORTATION~PUBLIC WORKS=a ~// NnTER AD MINISTR ul'J J ~~' DATE REFERENCE SUBJECT BENEFIT HEARING FOR THE PAGE NUMBER ASSESSMENT PAVING OF MARTIN AVENUE FROM 2 5-21-91 BH-0052 TRENTMAN STREET TO TAHOE STREET 1°f . RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Martin Avenue from Trentman Street to Tahoe Street. DISCUSSION: On December 18, 1990 (M&C G-8960), the City Council authorized the paving of th i s section of Marti n Avenue and set the date for a Benef i t Hearing . On January 15, 1991 M&C B-0040), the Council conducted the public hearing and, in response to objections from property owners, voted to cancel the project as proposed. Both this section of Martin Avenue and the section from Wichita to Shackleford were included in the 1986 Gapita1 Improvement Program, and because the street is not located in a Community Development Block Grant (CDBG) Target Area, all adjoining properties were to be assessed. Subsequently, it was determined that the streets would qualify for CDBG funding. On March 26, 1991 (M&C B-0045), the Council reclassified the Wichita-Shackleford segment as a CDBG street resulting in no assessments against residential property and directed the Staff to revise the rolls for the Trentman to Tahoe section on the same basis. This section of Martin Street has substandard HMAC pavement with some curb and gutter and has never previously been constructed to City standards. The street functions as a residential collector street for the neighborhood and is located in Council Districts 5 and 8 On April 10, 1991 (M&C G-9124), the City Council established May 21, 1991, as the date of the benefit hearing Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. PROPOSED IMPROVEMENTS. It is proposed to improve this segment of Martin Avenue by constructing a six- inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be forty 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. ASSESSMENTS: An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost of the construction has been computed at DATE REFERENCE sue~ECrBEN~F17 HEARING FOR THE ASSESSMENT PAGE NUMBER PAVING OF MARTIN AVENUE FROM TRENTMAN 2 2 5-21-91 BH-0052 STREET TO TAHOE STREET PROJECT N0. 67- of 040207-00) $35,002.51 (7%) for the property owners and $462,197.49 (93%) for the City of Fart Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. UNUSUAL SITUATIONS: There are no unusual situations which merit special Council consideration on this project. MG:c 20bhmart APPROVED BY CITY COUNCIL srrr~ d 199f ~~~ ~,~ti~ Ci y ecretary of the C: •r of er: Worth, Tesq~ SUBMITTED FOR THE CITY MANAGER'S Mike Groomer 6140 DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY p APPROVED ORIGINATING Gar Santerre 7804 Y ^ OTHER (DESCRIBE) DEPARTMENT HEAD• CITY SECRETARY FOR ADDITIONAL INFORMATION Gary Santerre 7804 adopted Ordinance No ~ CONTACT . DATE