HomeMy WebLinkAboutOrdinance 10504
ORDINANCE N0. ~~
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF EAST BALTIMORE AVENUE, UNIT II,
FROM YUMA AVENUE TO BEVERLY STREET, EAST BALTIMORE AVENUE, UNIT III,
FROM YUMA AVENUE TO DELAWARE AVENUE, AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTTi, TEXAS;
FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND
AGAINST THE OWNERS THEREOF; PROVIDING FOR THE OOLLECTION OF
ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING T'O
THE CITY COUNCIL THE RIGHT Tl~ ALLOW CREDITS REDUCING THE AMOUNTS OF
THE ASSESSMENT 'IO THE EXTENT OF' ANY CREDIT GRANTED; DIRECTING THE
CITY SECRETARY 'In 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 1~TE.
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:
EAST BALTIMORE AVENUE From Yuma Avenue to Beverly Street, known and
designated as Project No. 67-040202-00, Unit
II, to be improved by constructing a six-inch
thick asphaltic concrete pavement on an
eight-inch thick lime stabilized subgrade so
that the finished roadway will be twenty-six
feet wide on a sixty foot Right-of Way.
Six-inch thick concrete driveway approaches will
be constructed where shown on the plans.
Replacement of seven-inch high concrete curb and
eighteen-inch wide concrete gutter for sixty
seven linear feet.
EAST BALTIMORE AVENUE From Yuma Avenue to Delaware Avenue, known and
designated as Project I~io. 67-040202-00, Unit
III, to be improved by constsructing a six-inch
thick asphaltic concrete pavement with a
seven-inch high concrete curb and eighteen-inch
wide concrete gutter on an eight-inch thick lime
stabilized subgrade so that the finished roadway
will be twenty-eight feet wide on a sixty foot
Right-of--Way. Six-inch thick concrete driveway
approaches and four-inch thick sidewalk will be
constructed where shown on the plans.
:,
., .. 7. _
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 the Plans
and Specifications previously approved.
WHEREAS, funds have been allocated for the improvements and a contract has been
executed with APAC-TX, INC. Fort Worth Division, for constructing the improvements on
the referenced streets, avenues, and public places.
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 30th day of January, 1990 at 10:00 o'clock
A.M. in the Council Chamber of the City of Fort Worth; and at theT~iearing die 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 benef fitted 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.
T ~~ w
III.
There shall be, and is hereby, levied and assessed against the parcels of
abutting property described in Exhibit "A" attached and dated December, 1989, 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.
/ IV.
Where tt~ore than one person, firth 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 payed 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 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 teens 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.
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 certificates 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.
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 levid 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 other unit.
XIII.
The assessments are levied under the provisions of TEX. REV. CIV. STAT.
ANI~1. 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.
PASSED AND APPROVED this _s~~~ day of 19 i O .
A.PPROVID AS 'Ili FORM AND LEGALITY:
City Attorney
Date: --------------------------
Adopted:- -~ ~~~
Effective: ---L-' ~~ - ~~---
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II4.ST BALZ'II~DR'E AVII~1C~
BE~IEf~t,Y AVE TO DII AVE
PIi0i7ElC.T N0. 67-040202-00
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ITT A
1989
;PROJECT N0. 67-040202-00, EAST BALTIMORE AVENUE, UNIT II, FROM PUMA AVENUE ~ BEVERLY STREET,
to be improved by constructing a six-inch thick asphaltic concrete pavement on an eight-inch
thick lime stabilized subgrade so that the finished roadway will be twenty-six feet wide on a
sixty foot Right-of-Way. Six-inch thick concrete driveway approaches will be constructed where
shown on the plans. Replacement of seven-inch high concrete curb and eighteen-inch wide
concrete gutter for sixty-seven linear feet.
OWNER & LEGAL DESCRIPTION
BEGINNING AT YUMA AVENUE
PdORTH SIDE
000001245619
GREATER PROGRESSIVE
C O G I C
1349 E BALTIMORE
FT 6+lORTH TX 76104
BLK 51 LiOT 14 & 15
ZONING FROA1'TAGE RATE
HIGHLAND PARK ADDN (FT WORTH)
B
ALULIST®: ( 26'WIDE STREET )
*, CHCJRCEi
000001245708
HIGHLAND PARK
BAPTIST CHURCH
1317 E BALTIMORE
FT WORTH TX 76104
BLK 51 LpT 22,23,24
AII7UST®: (26' WIDE STREET )
*. CHCJ~i
000001245376
HIGHLAND PARK BAPTIST
1317 E BALTIMORE
~'T WC~IH TX 76104
BLK 50 IfJT 5
ADNSTED: ( 26' WIDE STREET )
(~i PARECING LOr
B
B
100.00' ' PAVII~IENT 19.40
IFSS CRIDIT
HIGHLAND PARK ADDN (FT WORTH)
150.00''PAVFMENT 19.40
LESS CREDIT
HIGHLAND PARK ADDN (FT WORTH)
_i
~~
50.00 PAVEMENT 19.40
IFS.S CR®IT
AMOUNT
1940.00
1940.00
970.00
2910.00
~~~
2910.00
1455, 00
970.00
970.00
485.00
ASSESSMENT
$ 970.00
$1455.00
$ 485.00
-1-
~JV~INER & LEGAL DESCRIPTION ZONING
000001245449
GREATER PROGRESSIVE
C O G I C
1349 E BALTIMORE B
FT WORTH TX 76133
BLK 50 TAT 12 & 13
An7IJSTED: (26' WIDE STREET )
~, ~i PAR[CII3G 7~-P
FRONTAGE RATE
IiIGI~.AI~ID PARK ADDN (FT WORTH )
AMOiJNT
100.00 "PAVEMENT 19.40 1940.00
1940.00
LESS CHIT 970.00
-2-
ASSESSMENT
S 970.00
PgA7ECT NO. 67-040202-00, EAST BALTIMORE AVIIQIJE, L~1IT III, FRQ9 YCJ~~A AVENUE TO DEZA~RE AVENUE
to be improved by constructing asix-inch thick asphaltic concrete pavement with a seven-inch
high concrete curb and eighteen-inch wide concrete gutter on an eight-inch thick lime stabiliz-
ed subgrade so that the roadway will be twenty-eight feet wide on a sixty foot Right-of-flay.
Six-inch thick concrete driveway approaches and four-inch thick concrete sidewalk will be con-
structed where shown on the plans.
Q9NER & LF)GAL DESCRIPTION
BDGINNING AT YUMA AVENUE
SO[flH SIDE
000001248693
DONALD THOMAS
1412 E BALTIMORE
FT 4iC~tTH TX 76104
BLK 61 IAT 5
(28' wide street)
AATUSTED: * , VACAP7T I~7T
ZONING f~STTAGE BATE
HIC~II,AND PARK ADDN (FT WORTEi )
B 50.00'PAVEl4aVT 21.01
50.00'CURB & GTR 9.01
126.95'SF DR APPR 3.96
000001248715
STf3~ART ISAAC
`4833 GLEN EDEN DRIVE B
FT WC~t'IH T?C 76119
BLK 61 LO-T 7
(28' wide street)
ADJUSTED: *, VACANT IDT
DII,A AVENUE INTERSECTS
tiORTH SIDE
000001248588
JOEL R ~iSHINGTON
6900 MAR~IILL RD B
FT WOEtIii TX 76140
BIK 60 IAT 20
(28' wide street)
p-DJUST~: *. VACAt~TT IO-T
IESS CHIT
HIGf~LAt?D PARK ADDN (FT WORTfi )
~~_~
50.00'PAVfI~ZQQT 21.01
50.00'CURB & G'TR 9.01
iFCS C~I'I'
ASSESSMENT
1050.50
450.50
502.72
2003.72
1097.89
$ 905.83
1050.50
450.50
1501.00
7.95.75
HIC~IIAND PARK ADDN (FT Wt~T'fi )
50.00'PAVE~4NT 21.01
50.00' C[kik3 & GTR 9.01
IFS.S Q~DIT
$ 705.25
1050.50
450.50
1501.00
795.75
$ 705.25
-3-
n
W
t7WI~R & LEGAL DESCRIPTION ZONING FROATTAGE RATE AMQJPTT ASSESSMENT
ffiGFiLAND PARK ADDN (FT WI~tTH )
NORTH SIDE
000001248618
MARTY ALLEN WOODS
P 0 ROX ?581 B 50.00'PAVFT4ENT 21.01 1050.50
FT WO'~RTH TX ?6111 50.00'CtTRB & GTR 9.01 450.50
BLK 60 LOT 22
~28' wide street)
ADJUSTED: ~ VACA[JI' LAT
1501.00 705.25
LESS QtN'.DI'r 795.75 $
-4-
EAST BALTIMORE AVENUE:
The Assessment Paving Policy as revised July 28, 1987 (M&C G-7160),
provides that property zoned and used as one or two-family residential
property will not be assessed for street reconstruction. Under this
policy, the owners of the following improved property zoned and used
as one and two-family residences will not be assessed.
HIGHLAND PARK ADDITION
BLOCK 50 LOTS 1,2,3,4,6,7,8,9,10,11,12
BLOCK 51 IL7T5 16,17,18,19,20,21,25,26
BLOCK 60 LOTS 14,15,16,17,18,19,21,23,24,25
BLOCK 61 LOTS 1,2,3,4,6,8,9,10,11
-5-
n
EAST BALTIMORE AVENUE
LDGEND:
* The street was reconstructed in 1972.
Per Assessment Paving Policy the following Credits apply:
HMAC (17 YEARS OLD) 508 Credit
HMAC
28' wide street $ 21.01 x 50$ _ $ 10.51 j L. F.
26' wide street $ 19.40 x 50$ _ $ 9.70 / L. F.
CONCRETE ( 17 YEARS OLD) 60$ CRIDIT
Curb / gutter $ 9.01 x 60$ _ $ 5.41 / L. F.
Driveway Approaches $ 3.96 x 60$ _ $ 2.38 j S. F.
-6-
.,- °~ w
,.
EAST BALTIMORE AVENUE:
COST DISTRIBUTION
A. PROPERTY OWNER BY ASSESSMENT ..................$ 6,901.58
B. FORT WORTH CITY ................................$ 90,631.61
Street Construction.........$ 85,987.17
Engr Insp/Admin .............$ 4,644.44
(5~ of $92,888.75 Bid)
C. 'DOTAL ESTIP9ATED PROJECT OOST ...................$ 97,533.19
-7-
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~ita~ of Fort Warth, ~eacas
•
DATE REFERENCE SUBJECT DtlYtl'1 I I'1tHK11Y17 tUK PAGE
NUMBER THE ASSESSMENT PAVING OF EAST 2
1-30-90 6-8433 BALTIMORE AVENUE FROM DELAWARE Iof -__
AVENUE TO BEVERLY STREET
(PROJECTroNO. 67-040202-00)
RECOMMENDATION
It is recommended that the City Council adopt'an ordinance closing.: the bene-
fit 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 East Baltimore Avenue from
De laware Avenue to Beverly Street. `
DISCUSSION
Th is project was -added to the 1986 Capital Improvement Program in response to
a request for street improvements by a significant number of property owners
abutting E. Baltimore Avenue. The funding will come from Council District 8
Undesignated Funds.
The Engineering staff has determined that most of the curb and gutter and
driveway approaches between Yuma Avenue and Beverly Street are in serviceable
condition, therefore, only sixty-seven feet of defective curb and gutter and
one driveway approach in this section of the project will be replaced.
On January 2, 1990 (M&C C-12083), the City Council awarded the construction
contract for this project and established January 30, 1990, as the date of
the benefit hearing~F;Noti,ces have been given in accordance with Article
11O5b, Vernon's Annotated Civil Statutes.
The project is located in Council District 8.
PROPOSED IMPROVEMENTS
It is proposed to improve the section of East Baltimore from Yuma to Delaware
by constructing'six-inch thick asphaltic concrete pavement with seven-inch
high concrete curb and eighteen-inch wide concrete gutter on an eight-inch
thick lime stabilized subgrade so that the roadway will be twenty-eight feet
wide on a sixty foot right-of-way. Six-inch thick concrete driveway
approaches and four-inch thick sidewalks will be constructed where shown on
the plans.
It is proposed to improve the section of East Baltimore from Yuma to Beverly
by constructing six-inch thick asphaltic concrete pavement on an eight-inch
thick lime stabilized subgrade so that the finished roadway will be twenty-
six feet wide on a sixty foot right-of-way. Six-inch thick driveway
approaches will be constructed where shown on the plans. Seven-inch high con-
crete curb and 18-inch wide concrete gutter will be replaced for a distance
of 67 1 i nea r feet .
.+ S' Y. ` t
. I
DATE REFERENCE SUBJECT BENEFIT HEARING FOR PAGE
NUMBER THE ASSESSMENT PAVING OF EAST ~ 2 Z
1-30-90 G-8433 BALTIMORE AVENUE FROM DELAWARE _ 'r ''' °` ~~"""
AUENUE~TO BEVERLY STREET
(PROJECT N0. 67-040202-00) r ~ '•
ACCFCCMFNTC
This street has previously been constructed to City standards, therefore, in
accordance with the Assessment Paving Policy, properties zoned and used for
one- and two-family residences are not being assessed.
An independent appraiser has advised the staff as to the amount of enhance-
ment to property values that will result from the proposed improvements.
Based on standard City policy, the low bid prices, and the advice of the inde-
pendent appraiser, the cost of the construction has been computed at
$1,343.36 {g~) for the property owners and $90,189.83 (92~) for the City of
Fort Warth 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.
WWW fJ6
APPROVED BY
C~TY_ COUNCIL
~, MENDED
,i A~ ~~ 1
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY
ORIGINATING
DEPARTMENT HEAD•
Gary
~~~
~;~;~ ~ ~ '
DISPOSITION ~Y COUNCIL. ~ PROCESSED BY
7801 ~ ~
FOR ADDITIONAL INFORMATI(`~~a LUnda
CONTACT ~ y 8063
CITY SECRETARY
GATE
William Wood 6122
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