HomeMy WebLinkAboutOrdinance 10603ORDINANCE NO.~~~ _
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF CAMPBELL STREET FROM FITZHUGH
AVENUE TO CRENSHAW 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 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:
CAMPBELL STREET Campbell Street, from Fitzhugh Avenue to Crenshaw Avenue,
known and designated as Project Na. 90-136072-00, 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 forty feet wide on a
fifty-five foot width Right-of-Way Four-inch thick
concrete sidewalks and six-inch thick 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, 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 12th day of June, 1990 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 May, 1990, 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 ~9 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 praperty 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 far
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 far 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 1 ~ day of 19 ~~
APPROVED AS TO FORM AND LEGALITY
City Attorney
Date•
Adapted - ------1 ~~~~~~---
Effective•-----------------------
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CAMPBELL STREET
{FITZHUGH AVENUE TO CRENSHAW AVENUE)
PROJECT NO. 90-136012-00
EXHIBIT A
N~,Y 1990
PROJECT N0. 90-136072-40, CAMPBELL STREET, FROM FITZHUGH AVENUE TO CRENSHAW AVENUE, to be
improved by constructing a six-inch thick reififor~c~d concrete pavement with a seven-inch higgh
~. attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished road-
" way will be forty feet wide on a fifty-five foot width Right-Of-Way. Four-inch thick concrete
sidewalks and six-inch thick concrete driveway approaches will be constructed where shown on
the plans.
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OWNER & LEGAL DESCRIPTION
BEGINNING AT FITZHUGH
EAST SIDE
000003321320
GEORGE LIGGITT
P 0 BOX 171078
ARLINGTON TX 76003
BLR 33 LOT 4
ZONING FRONTAGE RATE
WEAVER SUBDIVISION
-------------------------
B
50 00'PAVEMENT 18.44
50 00'CURB 1.87
74.05'SF DR APPR 3.75
AMOUNT
922.00
93.50
277.69
ASSESSMENT
1293.19
EAST SIDE
RESIDENCE
000003321312
LEONARD A REED JR
2825 CAMPBELL
FT WORTH TX 76105
.BLR 33 LOT 3
B
WEAVER SUBDIVISION
50.00'PAVEMENT 18.44
50 00'CURB 1 87
93.95'SF DR APPR 3 75
1293.19
922 00
93.50
352.31
1367.81
EAST SIDE
RESIDENCE
000003321304
ELISEO ETUX
IRMA ALCALA
2819 CAMPBELL
FT WORTH TX 76105
BLK 33 LOT 2
B
WEAVER SUBDIVISION
50.00'PAVEMENT
50.00'CURB
93.95'SF DR APPR
18.44
1.87
3.75
1367 81
922.00
93.50
352.31
1367.81
RESIDENCE
1367.81
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OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE
," WEAVER SUBDIVISION
EAST SIDE
` 000003321290
CAROLYN JOHNSON
114 N INGLEWOOD ~2 B 50.00'PAVEMENT 18 44
INGLEWOOD CA 90301 50 00'CURB 1 87
BLK 33 LOT 1 148.20'SF DR APPR 3.75
ADJUSTED:RESIDENCE
EAST SIDE
000003054764
JOHN PAUL
PATTIE MCMINN
2925 HANDLEY DR
FT WORTH TX 76112
BLK 5 LOT 1
SUNSHINE HILL ADDITION
B 246.00'PAVEMENT 42.28
246.00'CURB 3.35
AMOUNT
922.00
93 50
555 75
1571 25
10400.88
824.10
11224.98
APPRAISAL 9840.00
ADJUSTED:VACANT LOT
.... ...... ...... 11411.25
ASSESSMENT
1571.25
9840 00
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G FOR THE PAGE
CAMPBELL 2
AVENUE TO 1 °` ~"
ECT N0,
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 by enhanced value in excess of
the amount assessed for the improvement of Campbell Street from Fitzhugh
Avenue to Crenshaw Avenue.
DISCUSSION:
The Fort Worth Independent School District has made major improvements to the
D. McRae Elementary School, and improvements to Campbell Street abutting the
' school site are considered essential. Community Facilities Agreement No. 16429
has been executed by the Fort Worth Independent School District, owner of 50%
of the adjacent property.
Although Campbell Street is in a target area, it is not part of the 1986
Capital Improvement Program, and no CDBG funds are available to finance the
street construction.
Campbell Street has never been constructed to City standards; therefore, pro-
perties zoned and used for one- and two-family residences are being assessed
at the prevailing residential rate of $20.31/L.F. of frontage.
On May 15, 1990 (M&C G-8613), the City Council
the date of the benefit hearing. Notices have
Article 1105b, Vernon's Annotated Civil Statutes.
The project is located in Council District 5.
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PROPOSED IMPROVEMENTS:
established June 12, 1990, as
been given in accordance with
It is proposed to improve this segment of Campbell Street by constructing
six-inch thick reinforced concrete pavement with seven-inch high attached con-
crete curb on a six-inch thick lime stabilized subgrade so that the finished
roadway will~~be forty feet wide on a fifty-five foot width right-of-way.
Six-inch thick concrete driveway approaches and four-inch thick concrete side-
walks 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 inde-
pendent appraiser, the cost of the construction has been computed at
` M s ~~
DATE _.
REFERENCE
SUBJECT BENEFIT HEARING FOR THE
PAG€
NUMBER ASSESSMENT PAVING OF CAMPBELL 2
2
6-12-90
BH=0020'
STREET FR-M .. .`~ - _.. ._. .
of
_. _ .
CRENSHAW AVENUE (PROJECT N0:
90=136072=00)
$15,440.06 (20~) for the property owners, $24,257:20 (~2%) for the Fort Worth
IDS, and $37,178.74 (48%) for the City o~ Fort Worth at large:
The independent appraisal substantiates that; as a i~eswlt of the proposed con-
struction, each parcel of adjacent property will be enhanced in value b,y an
amount equal to or greater than the proposed assessment.
MG.f/6
**I move that the hearing be closed and the
assessments levied as proposed with the following
exception. I find the enhancement to be less than
indicated on Lot 1, Block 5, Sunshine Hill
Addition, and mo ve that the assessment be set at
$4.,900..
APPROVED BY
CITY COUNCIL
,~,~'~~
JUN 12 1
K~ 9~~x/~~..r
:;i y 5eczetaty of th0
Ci~y of Font wostb. Ted
SUBMITTED FOR THE
OIFF CEABV GER'S Mike Groomer
6122 DISPOSITIO BY COUNCIL:
APPROVED PROCESSED BY
ORIGINATING
OTHER (DESCRIBE)
DEPARTMENT HEAD:Gary Santerre 7801 CITY SECRETARY
FOR ADDITIONAL INFFppRA~TION
~7d1" d Lunda
8063 Adopted Ordinance N0.
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