HomeMy WebLinkAboutOrdinance 10611~'f i~
ORDINANCE N0.
~ t. s
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF FARON STREET FROM WELLESLEY
AVENUE TO LOVELL 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 8Y 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•
FARON STREET Faron Street, from Wellesley Avenue to Lovell Avenue, known
and designated as Project No. 67-040195-00, 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 twenty-eight feet wide on a
sixty 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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a
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.
given.
WHEREAS, the proper notice of the time, place, and purpose of the hearing was
WHEREAS, the hearing was held on the 19th 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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.~ ,
Iq.
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 materiaimen'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
-3-
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
which the respective parcels of property abut, and the
improvements in any unit are not affected by the assessments or
other unit.
In making assessments and in holding the benefit hearing,
for improvements in any one unit have not been connected with
assessments for improvements in any other unit
XIII
particular unit upon
assessments for the
improvements in any
the amounts assessed
the improvements or
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.----------------------------
Ado ted • ---`~~~~ /~ ~-----------
P
Effective'-~~~~~ ~-----------
-6-
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FARON STREET
(WELLESLEY AVENUE TO LOVELL AVENUE)
PROJECT NOo 67-040195-00
EXHIBIT A
MAY 1990
PROJECT Nb 67-b40195-00, FARON STREET, FROM WELLESLEY AVENUE TO LOVELL-AVENUE, to 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 stabilised subgrade so that the finished roadway will be
twenty-eight 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
BEGINNING AT WELLESLEY
EAST SIDE
000000501069
LAKE COMO
CHURCH OF CHRIST
5601 FLETHCHER
FT WORTH TX 76107
BLK 47 LOT 20
ZONING FRONTAGE RATE AMOUNT
------ -------- ---- ------
CHAMBERLAIN ARLINGTON HTS #2 F
B
125,00°PAVEMENT 34.51
125 00'CURB 3 52
348.00'SF SDWK(R) 2 75
LESS CREDIT
CHURCH
DONNELLY INTERSECTS
----------------------------
000000491535
ROBERT JOHNSON
3820 E BERRY
FT WORTH TX 76105
BLK 172 LOT 20
B
APPRAISAL
CHAMBERLAIN ARLINGTON HTS #1 F
125.00'PAVEMENT 34 51
125.00'CURB 3.52
LESS CREDIT
4313.75
440.00
957.00
5710.75
610.50
5100,25
5000.00
4313 75
440.00
4753.75
132.00
4621075
ASSESSMENT
5000.0
4621.7
VACANT LOT
BEGINNING AT LOVELL AVE
=----------------------
S4EST SIDE
000000490571
FAITH TEMPLE
CHURCH GOD IN CHRIST
5601 LOVELL
FT WORTH TX 76107
BLOC 166 LOT 1
B
CHAMBERLAIN ARLINGTON HTS #1 F
125.00'PAVEA4ENT 34.51
125.00'CURB 3.52
262.60'SF DR APPR 3.25
LESS CREDIT
CHURCH
APPRAISAL
4313.75
440.00
853.45
5607.20
388004
5219.16
5000.00
5000.C
-1-
OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE
DONNELLY INTERSECTS CHAMBERLAIN ARLINGTON HTS ~1 F
000000492523
KENNETH GUICE
1428 E ARLINGTON B 125.00'PAVEMENT 34.51
FT WORTH TX 76104 125 00'CURB 3 52
BLK 183 LOT 40
LESS CREDIT
AMOUNT ~ ASSESSMENT
------ ----------
4313.75
440 00
4753.75
132.00
4621,75
4621,75
VACANT LOT
GEDDES AVE INTERSECTS
000000493201
EUN HUI KANG WALKER
7332 YOLANDA AVE
FT WORTH TX 76112
BLK 188 LOT 40
B
CHAMBERLAIN ARLINGTON HTS #1 F
-------------------------
125 00'PAVEMENT 34.51
125.00'CURB 3.52
LESS CREDIT
4313.75
440 00
4753.75
132.00
4621.75
4621.75
VACANT LOT
DIAZ AVENUE INTERSECTS
000000499935
HENRIETTA LANGLEY
5925 DONNELLY
FT WORTH TX 76107
BLK 40 LOT 40
B
CHAMBERLAIN ARLINGTON HTS ~2 F
-------------------------
125 00'PAVEMENT
125.00'CURB
34.51
3.52
LESS CREDIT
4313.75
440.00
4753.75
132.00
4621,75
4621.75
VACANT LOT
HOUGHTON AVE INTERSECTS
000000501182
LAKE COMO
CHURCH OF CHRIST
5601 FLETCHER
FT WORTH TX 76107
BLR 48 LOT 1
B
CHAMBERLAIN ARLINGTON HTS ~2 F
125.00'PAVEMENT
125.00'CURB
34.51
3.52
LESS CREDIT
VACANT LOT
4313.75
440.00
4753,75
132.00
4621.75
4621,75
-2-
OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE
------------------------- ------ -------- ----
CHAMBERLAIN ARLINGTON HTS ~2 F
---------------------------- -------------------------
000000501395
ALVIN E LANGLEY
1336 STAFFORD B 125.00'PAVEMENT 34.51
FT WORTH TX 76134 125.00'CURB 3.52
BLK 48 LOT 40
LESS CREDIT
VACANT LOT
AMOUNT ~ ASSESSMENT
------ ----------
4313.75
440 00
4753.75
132.00
4621,75
4621,75
-3-
FARON STREET
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 in target
areas will not be assessed for street recontruction Under this policy, the
owners of the following improved property zoned and used as one and two-family
residences will not be assessed
CHAMBERLAIN ARLINGTON HEIGHTS 2ND FILING
Block 40 Lot 1
Block 41 Lots 20, 21
Block 47 Lot 21
CHAMBERLAIN ARLINGTON HEIGHTS 1ST FILING
Block 165 Lots 20, 21
Block 166 Lot 40
Block 171 Lots 1, 40
Block 172 Lot 21
Block 182 Lots 20, 21
Block 183 Lot 1
Block 188 Lot 1
Block 189 Lots 20, 21
~~
-4-
<~
FARON STREET, PROJECT N0. 67-040195-00
The street was constructed in 1962. Per Assessment Paving Policy, the following
credits apply.
HMAC Pavement -0- Credit
Concrete curb 30$ Credit
Driveway approaches 30$ Credit
Concrete sidewalks 50$ Credit
4
-5-
~..,
FAR0~1 STREET, PROJECT N0. 67-040195-00
COST DISTRIBIITION:
(A) COST TO PROPERTY OWNERS .. .. .. $ 37,730.50
(B) COST TO FORT WORTH CITY.. .. ..$ 215,712.80
STREET CONSTRUCTION ..$ 192,672.50
ENGR INSP /GAMIN .. .. $ 23,040.30
(10~ OF ESTIMATE $ 230,403.00)
(C) TOTAL ESTIMATED PROJECT COST .. ..$ 253,443 30
-6-
~fArarER r~a~•i
:.. ~ ;,~
ACCOUNTIN0~2 `' ~- - "'
pity of ~o~-t wort , ~~.~oca~
QRANSPORTATION~PUBLIC WORKS•i ~j ~ ~1I~ //~///
~'ATFR ADMINI57RATION 4 ~~~®~° ~~~ ~®u/1V~(1/ (LW ~®~~~~~~j~~~j®~
~AAa!~Fa' `
~h ,AA ~ DATE
6-19-90
REFERENCE
NUMBER
BH-0025
SUBJECT IJ LI\LI a ~ ..Lri.~a.\~..
iSESSMENT PAVING OF FARON STREET
tOM WELLESLEY AVENUE TO LOVELL
PAGE
2
of _
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 by enhanced value in excess of
the amount assessed for the improvement of Faron Street from Wellesley Avenue
to Lovell Avenue.
DISCUSSION:
The 1986 Capital Improvement Program
for the improvement of Faron Street
The existing street consists of HMAC
and no gutter. It is located in
Development Block Grant funds will
cost.
approved in March, 1986, included funds
from Wellesley Avenue to Lovell Avenue.
pavement in poor condition with no curb
the Como Target Area, and Community
finance 30 percent of the construction
On May 22, 1990 (M&C G-8623), the City Council established June 19, 1990, as
the date of the benefit hearing. Not ices have been given in accordance with
Article 1105b, Vernon's Annotated Civil Statutes.
The project is located in Council District 7.
PROPOSED IMPROVEMENTS:
It is proposed to improve this segment of Faron Street by constructing
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 roadway will be twenty-eight feet wide on a sixty foot width
right-of-way. Six-inch thick concrete driveway approaches and four-inch thick
concrete sidewalks will be constructed where specified on the plans.
ASSESSMENTS:
This street has not previously been constructed to City standards and is
located in a CDBG Target Area; 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 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
$37,730.50 (15%) for the property owners and $215,712.80 (85%) for the City of
Fort Worth at large.
r.- - ~.
DATE REFERENCE SUBJECT BENEFIT HEARING FOR THE PAGE
NUMBER SSESSMENT PAVING OF FARON STREET 2 2
6-19-90 BH-0025 ROM WELLESLEY AVENUE TO LOVELL °`
AVENUE PROJECT N0. 67-040195-00
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 greater than the proposed assessment.
MG:r/6
APPROVED BY
CITY COUNCIL
~u~ ig isso
9~
City Secretnzy of the
City of Font Worth, TexnR
SUBMITTED FOR THE
OFFICEABY GER'S Mi ke Groomer
6122 DISPOSITION BY COUNCIL:
^ APPROVED PROCESSED BY
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD Gary Sdnterre 7801 CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Martha Lunda
8063
Rdopted Ordinance No.f ~~
y DATE