HomeMy WebLinkAboutOrdinance 10956ORDINANCE N0.
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF HARMON ROAD UNIT I (NORTHSIDE OF
STREET), FROM BLUE MOUND ROAD {FM 156) EASTERLY APPROXIMATELY FIVE
THOUSAND FEET (5,000'), AND HARMON ROAD UNIT II, FROM U.S. HWY 287
SOUTHERLX APPROXIMATELY SEVEN HUNDRED AND THREE FEET (703') 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 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:
HARMON ROAD UNIT I from Blue Mound Road {FM 156) Easterly approximately Five
Thousand Feet, known and designated as Project No.
90-136039-00, to be improved by constructing a seven-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
forty-four feet wide on a future, one-hundrd and twenty
feet width Right-of-Way Six-inch thick reinforced
concrete driveway approaches will be constructed where
shown on the plans.
HARMON ROAD UNIT II from U.S. Hwy 287, Southerly approximately Seven- Hundred
and three feet, known and designated as Project No.
90-136039-00, to be improved by constructing a seven-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 a
double twenty-six foot wide with a forty-eight foot wide
median on a one-hundred and twenty foot width
Right-of-Way. Drainage structures will be constructed for
both units as shown on the plans. Street lights will be
installed in the median space..
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J
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 November, 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 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 October, 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
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
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 iot 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 groperty 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 certi.ficat.e 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 ~ 19~
APPROVED AS TO FORM AND LEGALITY
f
City Attorney
Date ----------------------------
Adopted --L-~ - /J -- ~~ ------
Effective -----------------------
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HARMON ROAD, UNIT I
(BLUE WIOUND RD. (FM 156) EASTERLY APPROX. 5000`)
HARMON ROAD, UNIT II
(U.S. HWY 287 SOUTHERLY APPROX. 703')
PROJECT N0. 90-136039-00
EXHIBIT A
OCTOBER 1991
HARMON ROAD UNIT I AND UNIT II (PROJECT N0. 90-136039)
UNIT I, WEST BOUND LANE ONLY, (NORTHSIDE OF STREET), FROM BLUE MOUND ROAD (FM 156) EASTERLY
APPROXIMATELY FIVE THOUSAND FEET, to be improved by constructing a seven-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-four feet wide on a future,
one-hundred and twenty feet width Right-Of-Way Six-inch thick concrete driveway approaches
will be constructed as shown on the plans
UNIT II, FROM U S. HWY 287, SOUTHERLY APPROXIMATELY SEVEN-HUNDRED AND THREE FEET, INTERSECTING
WITH UNIT II, to be improved by constructing a seven-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 a double twenty-six foot wide with a forty-eight foot wide
median on aone-hundred and twenty foot width Right-Of-Way. Drainage structures will be
constructed for both units as shown on the plans Street lights will be installed in the
median space.
OWNER ~ LEGAL DESCRIPTION
BEGINNING AT BLUE MOUND RD
NORTHSIDE
-------------------------
0000006144470
ROBERT B HART, SR.
1301 WOODWAY DRIVE
HURST, TEXAS 76053
ABST 1600, TRACT 2FO2
40~ TAD OF 542,976 = 217,190
ZONING FRONTAGE RATE AMOUNT ASSESSMENT
------ -------- ---- ------ ----------
JOSIAH WALKER SURVEY
---------------------------
1814 00' PAVEMENT
I 1643.00' CURB
1814 00' DRAINAGE
1814 00' LIGHTS
27 85 50,512.97
3 11 5,109.73
30 87 56,006.92
5 86 10,636 46
122,266 08
PARTICIPATION BY AGREEMENT. $198,000 00 ENHANCEMENT 143,164 00
122,266 08
VACANT LAND
ADJUSTED:(1)
------------------------------------------------------------------------------------------------
JOSIAH WALKER SURVEY
0000004600568
FRANCES SUE PAYTON
C/0 SOUTH AMERICA
CALLS, 119 #20A-26
BOGOTA, COLOMBIA
ABST 1600, TRACT 2A01
20$ TAD OF 87,328 = 17,465
200.00' PAVEMENT 9 22 1,844 00
I 100 00' PAVEMENT 27 85 2,874 63
200 00' CURB 94 188 00
100 00' CURB 3.11 311 00
148 20 SF DR APPR 2 97 440 15
100 00' DRAINAGE 30 87 3,087 48
100 00' LIGHTS 5 86 586 35
9,241 61
ENHANCEMENT 24,203 00
RESIDENTIAL HOMESTEAD EXEMPT 9,241.61
ADJUSTED'(2)
------------------------------------------------------------------------------------------------
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OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
JOSIAH WALKER SURVEY
0000004600576
JAMES 0. ETUX
FAITH C PAYTON I 3599 00' PAVEMENT 27 85 100,218 40
C/0 SOUTH AMERICA 3334 00' CURB 3.11 10,368 74
CALLE 119 #20A-26 3599 00' DRAINAGE 30.87 111,118.47
BOGOTA, COLOMBIA 3599 00' LIGHTS 5 86 21,102 88
ABST 1600, TRACT 2A -------- ---
40~ TAD OF 1,271,410 = 508,564 242,808 49
PARTICIPATION BY AGREEMENT $479,000 00 ENHANCEMENT 284,271 00
242,808 49
VACANT LAND
ADJUSTED:(1)(3)
BEGINNING AT U S 287 WILLIAM MCCOWENS SURVEY
EAST SIDE OF STREET ------- ---------- ----------
0000004905857
ELLESMERE CORP
P.0 BOX 861168 I
PLANO, TEXAS 75086 760 00' PAVEMENT 27 85 21,163 10
ABST. 999, TRACT 2A2 654.00' CURB 3 11 2,033.94
40$ TAD OF 2,351,133 = 940,453 760 00' DRAINAGE 30 87 23,464 86
760 00' LIGHTS
PARTICIPATION BY AGREEMENT: $94,000 00 ENHANCEMENT 59,872 00
5 76 4,456 29
51,118.19
51,118 19
VACANT LAND
ADJUSTED.(1)(4)
----------------------------------------=-------------------------------------------------------
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THE SOUTH SIDE OF PROPOSED HARMON ROAD will ;be improved at a later date Assessments for this
project are limited to street lights and drainage:
OWNER fi LEGAL DESCRIPTION
ZONING FRONTAGE RATE
JOSIAH WALKER SURVEY
--------------------
AMOUNT
ASSESSMENT
BEGINNING AT BLUE MOUND ROAD
SOUTHSIDE
0000004600746
CHARLES R & ROBBY D LASATER
301 COMMERCE ST, SUITE 1430
FORT WORTH, TEXAS 76102
ABST 1600, TRACT 5
40~ TAD OF 488,475 = 195,390
I 5,137 00' DRAINAGE 30 87 158,603.93
5,137 00' LIGHTS 5 86 30,121 02
188,724.95
PARTICIPATION BY AGREEMENT: $256,000 00 ENHANCEMENT 205,480 00
188,724 95
VACANT LAND
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NOTES
(1) Curb inlet credit
(2) 200 feet of pavement and curb is assessed at the homestead exempt rate which is 1/2 of the
standard residential rate A 200 foot credit is also given for drainage and lights, in
accordance with the assessment policy
(3) Units I and Units II Pavement Length and Curb Inlet Credit Summary.
Unit I' Pavement length is 2899. Curb inlet credit is given for 202 feet
Unit II. Pavement length is 700 Curb inlet credit is given for 63 feet
Units I and II combined
PUMNT <CURB> = TOTAL
UNIT I 2899 < 202> = 2697
UNIT II 700 < 63> = 637
----
TOTAL 3599 ------
< 265> = ----
3334
(4) Unit II Tract 2A02 exceeds 1056 linear feet but is adjusted to project limits at 760 feet
adjacent to Harmon Road A curb credit is given for a 75 foot barracade and a 31 foot
drainage inlet
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HARMON ROAD, UNIT I
BLUE MOUND ROAD (FM 156) EASTERLY APPROX. 5000 FEET
HARMON ROAD, UNIT II
U S. HWY 287 SOUTHERLY APPROX 703 FEET
PROJECT N0. 90-136039
COST DISTRIBUTION
A PROPERTY OWNER BY ASSESSMENT .. $ 614,159 32
A 1 Street Construction.. .. ... .. $547,256 32
A 2 Street Lights $ 66,903.00
B TEXAS DEPARTMENT OF TRANSPORTATION CONTRIBUTION ..$ 825,000.00
C FEDERAL BUREAU OF ENGRAVING AND PRINTING
STORM DRAIN CONTRIBUTION ... .... .$ 102,111.00
D CITY OF FORT WORTH .. .. .... .. $ -0-
D 1 Street Construction ..... ..... .$ -0-
D 2 Street Lights ..... .$ -0-
E TOTAL ESTIMATED PROJECT COST .... ... $1,541,270 32
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MASYER F[f.E 1
ACCOUN71N0.2
TRAN5POR7A710N+PU8LIC WORK&~~
City of Fort Worth, Texas
M~TEN AOMINI$1RA~ay~ ay~,- C;ouncil .~ n~
~~~
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~~~~ 11/19/91 .,~.~w~~~~ ~~~~~~" BH-0074 i~~ ~~^~~- 20BHHARM ----- 1 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF HARMON ROAD FROM BLUE MOUND ROAD
(FM 156) TO U.S. HIGHWAY 287 (PROJECT N0. 90-136039)._.
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 Harmon Road
from Blue Mound Road (FM 156) to U.S. Highway 287.
DISCUSSION:
On September 1, 1987 (M&C C-10494), the City Council accepted a Minute Order for the
design and construction of Harmon Road from FM 156 to US 287 to provide improved access
to the Bureau of Engraving and Printing Western Currency Facility. The agreement
provided, among other things, that the State Department of Highways and Public
Transportation (now the Texas Department of Transportation) would pay $825,000 toward
the cost of construction. On August 13, 1991 (M&C C-13008), the City Council approved
an agreement with the U.S. Bureau of Engraving and Printing for the construction of
drainage facilities to serve the Western Currency Plant, which work is to be done in
conjunction with the paving of Harmon Road at a cost to the BEP of $102,111. On
September 11, 1991, the Texas Department of Transportation let a construction contract
for this work.
Owners of adjoining property have dedicated right-of-way for Harmon Road and have
agreed to estimated assessments which were considerably higher than those now being
proposed.
From Blue Mound Road eastward approximately 5,000 feet, one half of a future six-lane
divided roadway will be constructed. From that point north to U.S. 287, a divided
four-lane roadway will be built at this time. Construction will be with standard
concrete pavement; standard concrete driveways will be built where shown on the plans.
On October 15, 1991 (M&C G-9341), the City Council established November 19, 1991, as
the date of the benefit hearing. Notice was given in accord with Article 1105b,
Vernon,s''Annotated Civil Statutes.
~ An independent, ap:prai~ser has provided a report that documents the enhancement to
- property values which results from the improvements.
~.. ,, ,
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Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Com~nunicaZ~ort
11/19/91 EN UMBER BH-0074 L NAME
206HHARM PA E
2 .of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF HARMON ROAD FROM BLUE MOUND ROAD
FM 156 TO U.S. HIGHWAY 287 PROJECT N0. 90-136039
Based on bid process and agreements between the City and the property owners, the Texas
Department of Transportation, and the Bureau of Engraving and Printing, the cost of the
project is distributed as follows:
City of Fort Worth $ -0- ( 0%)
Property Owner's by Assessment $ 614,159.32 ( 40%)
Texas Department of Transportation Contribution $ 825,000.00 ( 53%)
Federal Bureau of Engraving and Printing $ 102,111.00 ( 7%)
Total $1,541,270.32 (100%)
There are no unusual situations on this project that require special City Council
consideration. The project is in Council DISTRICT 2.
MG:t
Su tte or C ty Manager's FUND ACCOUNT CENTER ANOUNT CITY SECRETARY
Office by: to APPROVED 'B
CITY COUNCIL
Mike Groomer 6140
Or g nat ng Depart.ent Hea dopted Ordinance No. /
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Gary Santerre 7804 rom
For Additional Infor~ation ~
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Contact:
Gary Santerre 7804 ~ Staq of the
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Prirrted on recycled paper