HomeMy WebLinkAboutOrdinance 10612~, r
ORDINANCE NO. D U/ l
AN ORDINANCE CIASING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF MEACHAM BOULEVARD FROM
APPROXIMATELY 800 FEET WEST OF THE BURLINGTON NORTHERN RAILROAD
TRACKS TO MARK IV PARKWAY, AND PORTIONS OF SUNDRY OI`fiER 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:
MEACHAM BOULEVARD From approximately 800 feet west of the Burlington
Northern Railroad tracks to Mark IV Parkway, known
and designated as Project No. 30-023191-00, will
be paved with seven-inch thick reinforced concrete
with a seven-inch high attached concrete curb on a
base of two-inch hot mix asphaltic concrete over a
six-inch thick lime stabilized subgrade. The
bridge will have a four-lane divided concrete
roadway. The bridge approaches and the roadway
from the bridge to Deen Road will vary from a
divided four-lane to a divided six-lane facility
on a variable width right-of-way. The roadway
from Deen Road to Mark IV Parkway will be the
north side of a future six-lane divided facility
on a 120-foot right-of-way. Drainage structures
and six-inch thick reinforced concrete driveway
approaches will be constructed as shown on the
plans.
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 19th day of June, 1990 at 10:00 o'clock
A.M. in the Council Chamber of the City of Fort Worth; an~at Fie ~earing~Tle 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 .f_rom 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 assessr~nt 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.
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III.
There shall be, and is hereby, levied and assessed against the parcels of
abutting property described in Exhibit "A" attached and dated ril, 1990, and against
the owners thereof, whether named or incorrectly named, the stuns of money itemized
opposite the description of the respective parcels of abutting property.
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 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.
VII.
The total an~unt assessed against the respective parcels of abutting property
and the owners thereof is in accord with the proceeding of the city relating to t'ne
improvements and assessments thereof, and is less than the proportion of the cost
allo~d 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 fr~n 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, tune 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
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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 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 other 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.
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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 ~~ day of 19~_.
APPROVED AS 1l~ FORM AND LEGALITY:
City Attorney~~~ -_~._.__
Date: ------------------------
Adopted : --~~ ? ~ ~ ~ 0-----------
Effective:-- ~-t-°Z~ I ~~
_ti_
MEACHAM BOULEVARD
(800 FEET W. OF THE BURLINGTON NORTHERN
RAILROAD TO MARK IV PARK4JAY)
PROJECT NOo 30-023191-00
EXHIBIT A
APRYL 1990
t4EACHANi BOULEVARD From approximately 800 feet west of the Burlington
Northern Railroad tracks to ~1ark IV Parkway, known
and designated as Project No. 30-023191-00, will
be paved with seven-inch thick reinforced concrete
with a seven-inch high attached concrete curb on a
base of twa-inch hot-mix asphaltic concrete over a
six-inch thick lime stabilized sub3rade. The
bridge will have a four-lane divided concrete
roadway. The bridge approaches and the roadway
from the bridge to Daen Road will vary from a
divided four-lane to a divided six-lane facility
on a variable width right-of-way. The roadway
from Deen Road to A4ark IV Parkway will !~ the
north side of a future six-lane divided facility
on a 120-foot right--of-way. Drainage structures
and six-inch thick reinforced concrete driveway
approaches will be constructed as shown on the
plans.
~ge
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OWNER & LDGAL DESCRIPTION ZONING FRONTAGE RATE
BEGINNING AT MARK IV PARK4~Y D. ODEM SURVEY A-1184
NORTfi SIDE
000004082923
ALLEN WADDELL, TRUSTEE 2284.00' PAVII~iENT 70.90
3601 E. VICKERY BLVD K 2128.00' CURB 2.51
FORT WORTH, TX. 76105 2284.00' LIGHTS 5.34
2284.00' DRAINAGE 67.50
TR 8A, 8F, 8G, 8B5 93.95 SF DR APR 3.10
ADJUSTED: *, **
JOHN BURSEY SURVEY A-122
SIDE
000003749959
R. E. BLACKMAN
2400 GOLD SPRINGS RD
FORT WORTH, TX. 76106
949.00' PAVFr'IIIaTNT 70.90
K 871.00' CURB 2.51
949.00' LIGHTS 5.34
949.00' DRAINAGE 67.50
TR 2
AIZTUSTED:
161935.60
5341.28
12196.56
154170.00
291.25
333934.69
67284.10
2186.21
5067.66
64057.50
138595.47
ASSESSMENT
333,934.69
138,595.47
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MEAGHAM BOULEVARD;
There are two major property owners adjacent to the proposed
improvments. They are Allen Waddell who executed Cannunity
Facilities Agreement No. 17179 on June 30, 1989, and Blackman
Oorporation who executed Oo~remmity Facilities P,greement No. 17180 on
July 3, 1989.
It is recognized that the assessment paving policy is not normally
used for oonstruction of unopened interior streets. However,
construction of an appropriate and adequate approach street from the
east end of the proposed Meacham Boulevard railroad overpass easterly
to the I-35W frontage road is essential for the Meacham Boulevard
railroad overpass to be usable. The adjacent property owners do riot
plan to develop their land at this time and have indicated difficulty
in obtaining bank financing, thus the City will finance the initial
construction cost. Assessments will be due thirty (30) days after
project acceptance. All necessary ROW will be dedicated by the
property owners and the owners agree too pay the assessments in ten
(10) installments over nine (9) years with 8 percent (8~) interest on
the unpaid balance.
LEGEND:
* Credit for Curb Inlet
** Property is contained in Units II and III
,'
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A ~~
MEACHAM BOULEUAD:
CO6T DISTRIBUTION
A. PROPER'T'Y C7WNERS ........................................$ 472,530.16
(A-1) Street Construction ..............$ 455,265.94
(A-2) Street Lights ....................$ 17,264.22
B. FORT WOR'T'H CITY .......................................$3,580,291.39
(B-1) Street Construction ..............$3,365,345.11
(B-2) Street Lights ....................$ 21,954.78
(B-3) Engr Insp/Ar3rnin ..................$ 192,991.50
(5$ of bid $3,859,830.05)
C. T+7TAL ESTIMATED PRQ7ECT COST ...........................$4,052,821.55
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S:AVMsY
DATE REFERENCE
n / NUMBER
(V.j?",t_I_/l[/ / 6-19-90 BH-0026
RECOMMENDATION:
SUBJECT BENEFIT HEARING FOR THE PAGE
ASSESSMENT PAVING OF MEACHAM 2
BOULEVARD FROM 800' WEST OF THE 10~
BURLINGTON NORTHERN RAILROAD TO
MARK IV PARKWAY (PROJECT N0.
30-023191-00)
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 Meacham Boulevard from 800' W. of
the Burlington Northern Railroad to Mark IV Parkway.
DISCUSSION:
Meacham Boulevard is included in the City's Master Thoroughfare Plan as a
six-lane divided roadway from Blue Mound Road (FM 156) to Interstate 35W. A
divided roadway has been constructed from I-35W west 760 feet. The north half
of the foci 1 ity has been constructed from that point to Mark IV Parkway; and
the south half, from Blue Mound Road to the railroad. The 1982 Capital Improve-
ment Program included funds for an overpass spanning the railroad tracks. On
June 13, 1989 (M&C's C-11685 and C-11694), the City Council approved community
facilities agreements with owners of property adjoining the section of Meacham
Boulev and between Mark IV Parkway and the east overpass approach; these agree-
ments provided for the dedication of right-of-way necessary for the
construction of the remaining link in the roadway.
Unopened streets within undeveloped land are not usually constructed on an
assessment basis, however, the roadway and overpass are needed for traffic
circulation in the area. The adjacent property owners do not plan to develop
their land at this time. The community facilities agreements therefore provide
for the streets to be constructed on the assessment basis, with the property
owners paying out their share of the cost with interest over a period of time.
The Burlington Northern Railroad tracks are within the city limits of the City
of Saginaw; on April 17, 1990, the Saginaw City Council approved Resolution
No. 90-9 granting to the City of Fort Worth the right to construct the bridge,
to maintain it, and to enforce traffic and safety laws in its use, all solely
at the expense of the City of Fort Worth.
On May 22, 1990 (M&C G-8628), the City Council established June 19, 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.
DATE REFERENCE
NUMBER SUBJECT BENEFIT HEARING FOR THE PAGE
ASSESSMENT PAVING OF MEACHAM 2
2
6-19-90 BH-0026 BOULEVARD ' or
BURLINGTON NORTHERN RAILROAD TO
MARK IV PARKWAY (PROJECT NO.
30-023191-00)
PROPOSED IMPROVEMENTS:
Meacham Boulevard from approximately 800 feet west of the Burlington Northern
Railroad tracks to Mark IV Parkway will be paved with seven-inch thick rein-
forced concrete with seven-inch high attached concrete curb on. a base of
two-inch hot-mix asphaltic concrete over a six-inch thick lime stabilized sub-
grade. The bridge will have a four-lane divided concrete roadway. The bridge
approaches and the roadway from the bridge to Deen Road will vary from a
divided four-1 ane to a divided six-1 ane facility on a variable width
right-of-way. The roadway from Deen Road to Mark IV Parkway will be the north
side of a future six-lane divided facility on a 120-foot right-of-way. Drain-
age structures and six-inch thick concrete driveway approaches will be
constructed as shown on the plans.
ASSESSMENTS.
This street has not previously been constructed to City standards. All adja-
cent properties are zoned commercial.
Based on standard City policy, and the low bid prices, the cost of the con-
struction has been computed at $472,530.16 (12X) for the property owners and
$3,580,291.39 (88X) for the City of Fort Worth at large.
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:f/6
APPROVED BY
CITY CQUNCIL
JUN 19 1990
city se~tar~ o! the
Cite of Fort Worth, Texa*
SUBMITTED FOR THE
OFFICEABY GER'S Mike Groomer 6122
DISPOSITION BY COUNCIL:
^ APPROVED
PROCESSED BY
ORIGINATING
DEPARTMENT HEAD: Gary Santerre 7801 ^ OTHER (DESCRIBE)
CITY SECRETARY
FOR ADDITIONAL INF~ar911aN Lunda 8063
CONTACT L y
Ada ted Ordinance N a.
P
DATE