HomeMy WebLinkAboutOrdinance 10503r
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ORDINANCE N0. /~%~~
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE
COST OF IMPROVING A PORTION OF TWENTY-THIRD STREET, FROM ROBINSON
STREET TO ROCK ISLAND STREET AND PORTIONS OF SUNDRY OTHER STREETS,
LE THE CITY OF FORT WORTH, TEXAS; FIXING
CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE
C%9NERS THEREOF; PROVIDING FOR THE CX~LLECTION OF SUCH ASSESSMENTS AND
THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF;
RESERVING UNTO THE CITY COUNCIL THE RIGHT `In ALLOW CREDITS REDUCING
THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT
GRANTED; DIRECTING THE CITY SECRETARY ~ ENGROSS AND ENROLL THIS
ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY
COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE
RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE.
w1-IEREAS, the City of Fort Worth, Texas, has heretofore declared the necessity
for and ordered that each of the hereinafter described portions of streets, avenues
and public places in the City of Fort Worth, Texas, be improved by raising, grading,
and filling same and by constructing thereon to-wit:
TWENTY-THIRD STREET From Robinson Street to Rock Island Street, known
and designated as Project No. 67-040217-00, is
proposed to be improved by constructing a six-inch
thick reinforced concrete pavement with a
seven-inch high attached concrete curb on a
six-inchh thick lime stabilized subgrade, so that
the finished roadway will be thirty feet wide on a
sixty foot width Right-of L4ay. Six-inch thick
concret~a driveway approaches will be constructed
where shown on the plans.
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The above together with combined concrete curbs and gutter on proper grade and line
where same are not already so constructed, together with storm drains and other
necessary incidentals and appurtenances; all of said improvements are to be so
constructed as and where shown on the plans and in strict accordance with the Plans
and Specifications;
~~REAS, estimates of the cost of the improvements of each such portion of
streets, avenues and public places were prepared and filed and approved and adopted by
the City Council of the City, and a time and place was fixed for a hearing and the
proper notice of the time, place and purpose of said hearing was given and said
hearing was had and held at the time and place fixed therefore, to-wit, on the 30th
day of January, 1990, at 10:00 A.M., in the Council Chamber in the City Hall in the
City of Fort Worth, Texas, and at such hearing all desiring to be heard were given
full and fair opportunity to be heard, and the City Council of the City having fully
considered all proper matter, is of the opinion that the said hearing should be closed
and 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.
Said hearing be, and the same is hereby, closed and the said protest and
objections, and any and all other protests ,and objections, whether herein enumerated or
not, be and the same are hereby, overruled.
I:I .
The City Council, from the evidence, finds that the assessments herein should
be made and levied against the respective parcels of property abutting upon the said
portions of streets, avenues and public: places and against the owners of such
property, and that such assessments and charges are right and proper and are
substantially in proportion to the benefii~s to the respective parcels of property by
means of the improvements in the unit for which such assessments are levied, and
establish substantial justice and equality and uniformity between the respective
owners of the respective properties, and between all parties concerned, considering
the benefits received and burdens imposed, and further finds tthat in each case the
abutting property assessed is specially benefitted in enhanced value to the said
property by means of the said improvements in the unit upon which the particular
property abuts and fo.r which assessment is levied and charge made, in a sum in excess
of the said assessment and charge made against the same by this ordinance, and further
finds that the apportionment of the cost of` the improvements is in accordance with the
law in force in this City, and the proceedings of the City heretofore had with
reference to .said improvements, and is in al.l respects valid and regular.
III'. .
"There shall be, and is hereby, levied and assessed against the parcels of
property described in the attached Exhibit A dated December, 1989, and against the
real and true owners thereof (whether such owners are correctly named or not), the
sums of money itemized opposite the description of the respective parcels of property
and the amounts against them and the owners thereof, as far as such owners are known."
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IV.
Where more than one person, firm or corporation owns an interest in any
property above described, each said perscm., firm or corporation shall be personally
liable only for its, her or his pro rata of the total assessment against such property
in proportion as its, his or her respective interest in such property may be released
from the assessr~nt lien upon payment of such proportionate sum.
V.
The several sums above mentioned and assessed against the said parcels of
property, and the owners thereof, and interest thereon at the rate of eight percent
(8~) per annum, together with reasonable attorney's fees and costs of collection, if
incurred, are hereby declared to be and are made a lien upon the respective parcels of
property against which the same are assessed, and a personal liability and charge
against the real and true owners of such property, whether such owners be correctly
named herein or not, and the said liens shall be and constitute the first enforceable
lien and claim against the property on which such assessments are levied, and shall be
a first and paramount lien thereon, superior to all other liens and claims, except
State, County, School District, and City ad valorem taxes.
The amounts assessed against the abutting properties and the owners thereof
shall constitute a first and prior lien upon such properties and personal liability of
the owners thereof and shall be payable upon the acceptance by the City of Fort 6Jorth
of the Project after its completion. Said assessments shall be due and payable on or
before thirty days (30) after the acceptance by the City of Fort Worth of the Project,
except that, if the abutting owner so elects, by complying with the terms hereinafter
set forth, said assessments may be paid in installments. Said assessments may be paid
in five (5) equal, consecutive annual installments, the first installment to be due
and payable no later than thirty (30) days after the acceptance by the City of Fort
6Jorth of the Project, and each subsequent installment to be due and payable on an
annual basis on each consecutive anniversary date of the acceptance of the Project; in
the alternative, said assessments may be paid in forty-eight (48) equal consecutive
monthly installments, the first installmenit to be due and payable no later than thirty
(30) days after the acceptance by the City of Fort Worth of the Project. Any owner
electing to pay the assessment in installmE~nts, as provided for herein, as a condition
precedent to such election, must execui~e a promissory note and mechanic's and
materialman's lien contract evidencing the owner's intent to pay the assessment in
accordance with the terms of one of the alternatives hereinabove set forth. In any
case in which the owner elects to pay the assessment in installments under either of
the alternatives specified, the assessment shall bear interest from the date of
acceptance of the Project at the rate of eight percent (8$) per annum. 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 the same to be
immediately due and payable; this and other terms governing any default in the payment
of any installment shall be set forth i.n the mechanic's and materialmen°s lien
contract and shall be uniform among all owns~rs executing the contract.
In addition, the City Attorney shall have the authority to authorize terms of
payment different than those specified herein when the Director has previously
determined that an extreme financial hardship exists. ,
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VI.
If default shall be made in the payment of any assessment, collection thereof
shall be enforced either by the sale of the property by the Assessor and Collector of
Taxes of said City as near as possible i:n the same manner provided for the sale of
property for the non-payment of ad valorem taxes, or at the option of the City of Fort
Worth, or its assigns, payment of said sums shall be enforced by suit in any court of
competent jurisdiction, or as provided in any mechanic's or materialman's contract as
aforesaid, and said City shall exercise all of its lawful powers to aid in the
enforcement and collection of said assessments.
VIII .
The total amount assessed against the respective parcels of abutting property,
and the owners thereof, is in accordance with the proceedings of the City relating to
said improvements and assessments thereof, and is less than the proportion of the cost
allowed and permitted by the law in force in the City.
VIII.
Although the aforementioned charges have been fixed, levied, and assessed in
the respective amounts hereinal~ve stated, the City Council does hereby reserve unto
itself the right to reduce the aforementioned assessments by allowing credits to
certain property owners where deemed appropriate. Notwithstanding the City Council
has herein reserved the right to issue credits, it shall not be required to issue
credits, and will not do so, if same would result in inequity and/or unjust
discrimination.
The principal amount of each of the several assessment certificates to be
issued by the City of Fort Worth, Texas, .as hereinafter provided, shall be fixed and
determined by deducting from the amount of any assessment hereinabove levied such
amount or amounts, if any, as may hereafter be allowed by the City Council as a credit
against the respective assessments.
IX.
For the purpose of evidencing 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 the enforcement and collection thereof, assignable certificates
in the principal amount of the respeci~ive assessments less the amount of any
respective credit allowed thereon, shall be issued by the City of Fort Worth, Texas,
upon completion and acceptance by the City of the improvements in each unit of
improvement as the work in such unit is completed and accepted, which certificates
shall be executed by the mayor in the n~une of the City and attested by the City
Secretary, with the corporate seal of the City impressed thereon, and shall be payable
to the City of Fort Worth, or its assigns,, and shall declare the said amounts, time
and terms of payment, rate of interest, anci the date of the completion and acceptance
of the improvements abutting upon such property for which the certificate is issued,
and shall contain the name of the owner or owners, if known, description of the
property by lot and block number, or front feet thereon, or such other description as
may otherwise identify the same; and if thE~ said property shall be owned by an estate,
then the description of same as so owned ;hall be sufficient and no error or mistake
in describing any property, or in giving the name of the owner, shall invalidate or in
anywise impair such certificate, to the assessments levied.
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The certificates shall provide substantially that if same shall not be paid
promptly upon maturity, then they shall be collectable, with reasonable attorney's
fees and costs of collection, if incurred9, and shall provide substantially that the
amounts evidenced thereby shall be paid to the Assessor and Collector of Taxes of the
City of Fort Worth, Texas, who shall issue his receipt therefore, which shall be
evidence of such payment on any demand for the same, and the Assessor and Collector of
Taxes shall deposit the sums so received by him forthwith with the City Treasurer to
be kept and held by him in a separate fund, and when any payment shall be made in the
City the Assessor and Collector of Taxes upon such certificate shall, upon
presentation to him of the certificate by the holder thereof endorse said payment
thereof. If such certificate be assigned then the holder thereof shall be entitled to
receive from the City Treasurer the amount paid upon the presentation to him of such
certificate so endorsed and credited; acid such endorsement and credit shall be the
Treasurer's 4Jarrant for making such payment. Such payments by the Treasurer shall be
receipted for the holder of such certificate in writing and by surrender thereof when
the principal, together with accrued interest and all costs of collection and
reasonable attorney's fees, if incurred, have been paid in full.
Said certificates shall further recite substantially that the proceedings with
reference to making the improvements have been regularly had in compliance with the
law, and that all prerequisites to the fixing of the assessment lien against the
property described in such certificate and the personal liability of the owners
thereof have been performed, and such recitals shall be prima facie evidence of all
the matters recited in such certificates, and no further proof thereof shall be
required in any court.
Said certificates may have coupons attached thereto in evidence of each or any
of the several installments thereof, or may have coupons for each of the first four
installments, leaving the main certificate to serve for the fifth installment, which
coupons may be payable to the City of Fort GVorth, or its assigns may be signed with
the facsimile signatures of the Mayor and City Secretary.
Said certificates shall further recite that the City of Fort Worth, Texas shall
exercise all of its lawful powers, when requested so to do, to aid in the enforcement
and collection thereof, and may contain recitals substantially in accordance with the
above and other additional recitals pertinent or appropriate thereof, and it shall not
be necessary that the recitals be in the exact form above set forth, but the substance
thereof shall be sufficient. The fact that such improvements may be omitted on any
portion of any of said units adjacent to any premises exempt from the lien of such
assessments shall not in anywise invalidate, affect or impair the lien of such
assessments upon other premises.
:?~.
Full power to make and levy reassf~ssments and to correct mistakes, errors,
invalidities or irregularities, either in the assessments or in the certificates
issued in evidence thereof, is, in accordance with the law in force in this City,
vested in the City.
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XI.
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All assessments levied are a personal liability and charge against the real and
true owners of the premises described, notwithstanding such owners may not be named,
or may be incorrectly named.
XII.
The assessments so levied are for the improvements in the particular unit upon
which the property described abuts, and the assessments for the improvements in any
unit are in nowise affected by the improvements or assessments in any other unit, and
in making assessments and in holding said hearing, the amounts assessed for
improvements in any one unit have been in nowise connected with the improvements or
the assessments therefore in any other unit.
XIII.
The assessments levied are made and levied under and by virtue of the terms,
powers and provisions of an Act passed at the First Called ~ossion of the Fortieth
Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and
now shown as Article 1105b of Vernon's Texas Civil Statutes, which Act has been adopted
as an amendment to and made a part of the Charter of the City of Fort Worth, Texas.
XIV.
The City Secretary is hereby directed to engross and enroll this ordinance by
copying the caption of same in the Minute Book of the City Council of Fort Worth,
Texas, and by filing the complete Ordinance in the appropriate Ordinance Records of
said City.
XV.
This ordinance shall take effect and be in full force and effect from and after
the date of its passage and it is so ordained.
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PASSED AND APPROVID this _ ~~~ day of ~ ~ 19__ C~.
APPROVID AS ZU FORM AND LEGALITY:
I ~ ~~
City Attorney
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(RtJBINS~T ~T ZC) ROCK ISI.At~ID .'3TI~T
PR0ITFX,'T N0. Fa7-04021?-00
F.?Q'~IT A
A 1989
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PR{1e7EC'P N0. 67-040217-00, ~ITY~I'fiIRD STREET, FILM 1mBIlJ5~1 ST~2EET Tt0 SCR ISLAND STREET, bo
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
roadvaay will be thirty feet wide on a sixty foot width Right-of~Tay. Six-inch thick concrete
driveway approaches will be constructed where shown on the plans.
f~NER & LEGAL ~IPTI~T
EAST SIDE OF STREET
000002554607
VELTA B AL,L~OCR
3104 NW 23RD ST
FT WORTH TX 76106
BLK 177 IOT 21
~A[JING FR(JN'TAGE RATE
__..__e
R4SEN I~IGf~TS SEOOND FILING
B 50.00'PAV~T 34.49 1724.50
50.00'C[7RB 3.43 171.50
1896.00
VA(1~I~PT LOT
000002554585
IA~JELI,A HIGGINS
2717 LA MONDE TER B
FT WORTH TX 76114
BLK 177 IAT 19
ROSEN IiEIGITTS SEOOND FILING
50.00' PAVII~IEBTT 34.49 1724.50
50.00'CI7RB 3.43 171.50
1896.00
VACANT LOT
000002554577
ANNA JP,CKSON
5920 RANDELL B
FT Y7t~TH TX 76134
BLK 177 LOT 17
ROSEN HEIGHTS SEOOND FILING
50.00'PAVEMI~TT 34.49 1724.50
50.00°CURB 3.43 171.50
1896.00
VACANT IaT
ASSN
1896.00
1896.00
1896.00
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,.
Sr I~7GAL IP1'IOQO '~~ Q~II~a ~~ RATE
~~. _~_
T~iEST SIDE OF STREET CELL'S D~IIII. W SURVEY
000004897781
~7NAT~ RUSE~1
~ A9~CINE Y~ R1
P O BOX 4444 B 500.00'PA.VE~TT 34.49 17245.00
PT W~ TX 76164 a00.00'CxJRB 3.43 1715.00
A 358 TR 4~i
18960.00
V~,CANT I~
C~'HELL* D~INIEL W SURVEY
18960.00
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~•`+~~~~~ ~71~C~Gi s
-The Assess~eent Paving Pbl.icy as revised July ~, 1987 (N!&C X7160),
Provides that property zoned and used as one and ~-family
residential -property, fn target areas will not be assessed for street
reconstruction. Under this palicy, the owners of the following
'~ PrtY zoned and used as one and two-family residences
will rrot be assessed.
~6EN E~IG~JTS SECOND FILING
BLOCR 177, YAKS 13,14,15,16,18,20,22,23,24
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O06T DISTRtIHCTI'ION
A. P~PERTY OWNER BY ASSESSMENT ..................$ 24,648.00
B. FART WCS'i'Ei CIT'Y ................................5 45,384.60
Street Construction.........$ 39,018.00
Engr Insp/A~nin .............$ 6,366.60
(10$ of Estimate
$63,666.00)
C. ZtOTAL ESTIMATED PRO-7DCT QOSR ...................$ 70,032.60
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,N,o,~TERAT;~y~„ REFERENCE SUBJECT BENEFIT HEARING FOR THE PAGE
NUMBER ASSESSPIENT PAVING OF TWENTY-THIRD 2
1-30-90 6-8435 STREET FROM ROBINSON STREET TO ROCK '°r_-__
ISLAND STREET
(PROJECT N0. 67-040217-00)
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 improvements of Twenty-Third Street
from Robinson Street to Rock Island Street.
DISCUSSION
The 1986 Capital Improvement Program approved in P1arch, 1986, included funds
for the improvement of Twenty-Third Street from Robinson Street to Rock
I s 1 and Street . Th i s street i s 1 ocated i n the Far Northsi de Target Area, and
Community Development Block Grant funds will finance 30 percent of the
construction cost.
On January 2, 1990 (P1&C G-8394)„ the City Council established January 30,
1990, as the date of the benefit; hearing. Notices have been given in
accordance with Article 1105b, Vernon's Annotated Civil Statutes.
The project is located in Council District 2.
PROPOSED IMPROVEP1ENTS
It is proposed to improve this segment of Twenty-Third Street by constructing
six-inch thick reinforced concretes pavement with seven-inch high attached
concrete curb o,n a six-inch thick lime stabilized subgrade so that the
finished roadway' wi 11'.~b`e thirty feet wide on a sixty foot right-of-way.
Six-inch thi~'ck'co'nc~rete -'dri veway approaches wil l be constructed where shown
on the plans. "
ASSESSP1ENTS r ~•~
s '4~
This street has not°~,pr,e~iously been constructed to City standards and is
located in a GDBG'a~Tar.get~A'rea, therefore, in accordance with the Assessment
Paving Policy ,properties zoned and used for one- and two-family residences
are not being assessed. ~-
An independer~t~a'ppraiser 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 $24,648.00 (35q) for the property owners and $45,384.60
(65~) for the City of Fort Worth at large.
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DATE REFERENCE sue~ECT BENEFIT HEARING FOR THE PAGE. '~ ?
1-30-90 NUMBER
6-8435 ASSESSMENT PAVING OF TWENTY-THIRD 2 of_2
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STREET FRO~LROBINSON STREET rn
ISLAND STREET
(PROJECT N0. 67-040217-00)
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 greate r than the proposed assessment.
WWW d
APPROVED BY
CITY COUNCIL
AS AMENDED
JAN 3Q 1990
`~~i~~,„
city secretary of th.
City of fort Worth Teatati
SUBMITTED FOR THE Wi ~ 1 i am Wood
CITY MANAGER'S 6122 DISPOSITION COUNCIL. PROCESSED BY
OFFICE BY APPROVED
ORIGINATING
DEPARTMENT HEAD• Gary Santerre
7801 OTH (DESCRIB
CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Martha Lunda
8063 (~
U dinaticE. N0.
GATE