HomeMy WebLinkAboutOrdinance 10960~,
ORDINANCE NO ~ (~
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTTON OF LOWDEN STREET FROM HEMPHILL
STREET TO ST. LOUIS AVENUE, 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 BX 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'
LOWDEN STREET from Hemphill Street to St Louis Avenue, known and
designated as Project No 67-040253-00, 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 Four-inch thick concrete sidewalks
and six-inch thick reinforced concrete driveway approaches
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, ail 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 12th 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 September, 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
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 19~
APPROVED AS TO FORM AND LEGALITY
City Attorney
Date ----------------------------
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f
Adopted
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Effective - /--- ---------`-----
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LOWDEN STREET
(HEMPHILL STREET TO ST, LOUIS AVENUE)
PROJECT NOo 67-040253-00
EXHIBIT A
SEPTEMBER 1991
~~.
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LOWDEN ~ FPM HE[~HILL STF2EE,'T TD ST. LOUIS AVFSl[JE
PROJ,DCT N0. 67-040253
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.
SOUTH HEMPHILL HEIGHTS ADDITION
Block 15, Lot 13
Block 16, Lots 12,13
Block 17, hots 12,13B,13C
Block 19, Lot 1
Block 20, Lots 1,24
Block 21, Lot 24
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.~,m
PROJECT N0. 67-040253-00, LOWDEN STREET FROM HEMPHILL STREET TO ST. LOUIS AVENUE, to be
improved by constructing a six-inch thick rei,~forced 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 thirty feet wide on a sixty 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
OWNER & LEGAL DESCRIPTION ZONING
BEGINNING AT HEMPHILL STREET
NORTH SIDE
FRONTAGE
RATE
AMOUNT
ASSESSMENT
000005676428
HELON _FULBRIGHT
MCDONALD
811 S MCDONALD ST F
MCKINNEY TX 75069
BLK 15 LOTS 11, 12
40$ TAD OF $87,421 = $34,968
SOUTH HEMPHILL HEIGHTS ADDN
ADJUSTED.COMMERCIAL BUSINESS (1)
MAY STREET INTERSECTS
000002815362
D F HOWETH
2935 ST LOUIS AVE ~
FT WORTH TX 76110
BLK 17 LOT 13A
20$ TAD OF $3,600 = $720
1015 50
ENHANCEMENT 2000 00
6000.00
720 00
SOUTH HEMPHILL HEIGHTS ADDN
ADJUSTED'RESIDENTIAL VACANT (2)
BEGINNING AT ST LOUIS AVENUE
----------------------------
SOUTH SIDE
000002815664
D F HOWETH
301 W LOWDEN ST J
FT WORTH TX 76110
BLK 19 E73' LOT 22
20~ TAD OF $4,800 = $960
PROPERTY ~1
150.00'PAVEMENT
150.00'CURB
627 00'SF DR APPR
420 00'SF SDWK(R)
36 16
3.14
3 75
2 94
LESS CREDIT
ENHANCEMENT
-------------------------
PROPERTY ~2
5424.00
471 00
2351 25
1234 80
9481 05
617 40
8863 65
6000 00
50 00'PAVEMENT 18 44 922.00
50 00'CURB 1 87 93 50
-------------------------
PROPERTY #3
70 00'PAVEMENT
70.00'CURB
18 44 1290 80
1 87 130 90
1421.70
ENHANCEMENT 2800 00
960 00
SOUTH HEMPHILL HEIGHTS ADDN
ADJUSTED RESIDENTIAL VACANT (2)
- 2-
OWNER & LEGAL DESCRIPTION ZONING
000002815656
D F HOWETH
2935 ST LOUIS AVE J
FT WORTH TX 76110
BLK 19 W60' LOT 22
20$ TAD OF $4,800 = $960
FRONTAGE RATE AMOUNT
PROPERTY #4
60.00'PAVEMENT 18 44 1106.40
60 00'CURB 1.87 112 20
1218 60
ENHANCEMENT 2400.00
ASSESSMENT
960.00
SOUTH HEMPHILL HEIGHTS ADDN
ADJUSTED:RESIDENTIAL VACANT (2)
JENNINGS AVENUE INTERSECTS
----------------------------
000002815958
CATARINO Z BONILLA
2901 HEMPHILL ST
FT WORTH TX 76110
BLK 21 LOT 1
40$ TAD OF 531,875 = $12,750
-------------------
PROPERTY #5 ------
F 150 00' PAVEMENT 36 16 5424 00
150 00' CURB 3.14 471.00
124.95' SF DR APPR 3 75 468 56
175 00' SF SDWK(R) 2 94 514 50
6878 06
LESS CREDIT 257 25
6620..81
ENHANCEMENT 6000 00
EXFMP'T
SOUTH HEMPHILL HEIGHTS ADDN
ADJUSTED:COMMERCIAL BUSINESS (1)
-0-
-3-
I,CJWDII~i STREET FROM [iEt+IPHILL STREET TO ST. LOUIS AVF?JUE
PROJECT N0. 67-040253
006T DISTRIBUTION
A. OOST TO P1~PERTY CXnTNERS ................................$ 8,640.00
B. OOST TO THE CITY OF FORT WORTH .........................$136,460.00
Street Improvements .......................$121,950.00
Engr. Insp./Admin ........... .............$ 14,510.00
(10~ of Estimate $145,100.00)
C. TOTAL ESTIMATED PR0.TECT COST ...........................$145,100.00
CITY POLICY
The Assessment Paving Policy establishes the following methods for
determining individual assessments. Under this policy assessments cannot
exceed:
(a) The computed rate.
(b) The enhancement to the property.
(c) For residential property; twenty percent (20$) of the property
values as determined by the Tarrant Appraisal District.
(c) For commercial property; forty percent (40$) of the property
values as determined by the Tarrant Appraisal District.
NOTES
(1) All replacement of sidewalks is at 50$ cost to the property owner and
50$ cost to the City.
(2) Computed for residential vacant lots based on 20$ of appraised value.
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MASTER FILE 1
ACCOUNTING 2 City of Fort Worth, Texas
IRANSPORTAI'ION~PUBLIC .WURKS•B
NAT'ER AOMINISlRA~~ or and Cou~;cil C',~hnmunicati~~n
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~DA-TE
11/12/91 REFERENCE NUMBER
BH-0073 LOG NAME
20BHLOW PAGE
1 of 1
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF LOWDEN STREET FROM HEMPHILL
STREET TO ST. LOUIS AVENUE PROJECT NO 67-040253
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 Lowden
Street from Hemphill Street to St. Louis Avenue.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of Lowden
Street from Hemphill Street to St. Louis Avenue. The street is in Worth Heights 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.
Lowden Street will be constructed with standard concrete pavement. Standard concrete
driveways and sidewalks will be built where shown on the plans.
On October 8, 1991 (M&C G-9331), the City Council established November 12, 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
r 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 $ 8,640.00 ( 6%)
City's share of cost $136,460.00 (94%)
Total cost $145,100.00 (100%)
There are no unusual situations on this project that require special City Council
consideration. The project is in Council DISTRICT 9.
MG:t
Su mitte for City Manager's FUND ACCOUNT CENTER AMOUNT ~,G`IT~Y~;'S:ECRETtARY
Office by: to ~'~"~' ~®UtlYlr~~
Mike Groomer 6140 dop~ed ordinance [~®.
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Originating Department Head ~
~'®V 26 1991
Gary Santerre 7804 from n
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For Additional Information f the
Contact City Seczetary o
of Fort Worth, Texan
Cit
Gary Santerre 7804 y
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Printed on regded paper