HomeMy WebLinkAboutOrdinance 10618,~~
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ORDINANCE N0. ~ (1
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF FITZHUGH AVENUE, FROM BISHOP
STREET TO CAMPBELL STREET, 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.
FITZHUGH AVENUE Fitzhugh Avenue, from Bishop Street to Campbell Street,
known and designated as Project No. 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 Fart 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
rnaterialman'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.
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~, A
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 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 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 ~_~_ day of 19 "L V
APPROVED AS TO FORM ANA LEGALITY
~~ I
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City Attorney
Date ----------------------------
Adopted ~ - --~`~0,~~~~~------
Effective. ~~~/~~~-----
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FITZHUGH AVENUE
(BISHOP STREET TO CAMPBELL STREET)
PROJECT N0. 90-136072-00
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EXHIBIT A ,
MAY 1990
PROJECT p0. 90-136072-00, FITZHUGH AVENUE, FROM BISHOP STREET TO CAMPBELL STREET, to be
improved by constructing a siz-inch thick reinforced concrete pavement with a seven-inch high
.attached concrete curb oa a siz-inch thick lime stabilized subgrade, ao that the finished road-
; way will be forty feet wide oa a fifty-five foot width Right-Of-Nap. Four-inch thick concrete
sidewalks and siz-inch thick concrete driveway approaches will be constructed where shown on
the plans.
ONNER ~ LEGAL DESCRIPTION
-------------------------
BEGINNING AT BISHOP STREET
--------------------------
SOUTH SIDE
000000867993
O1.LIE NEWMAN
3400 FITZHUGH
FT WORTH TX 76105
BLR 24 LOT 3
ZONING FRONTAGE RATE
ENGLEWOOD HEIGHTS 2ND FILING
-------------------------
AMOUNT
ASSESSMENT
8 50.00'PAVEMENT 43.53
50.00'CURB 3.41
200.00'SF SDWR(R) 3.21
LESS CREDIT
VACANT
SOUTH SIDE
APPRAISAL
ENGLEWOOD HEIGHTS 2ND FILING
000000868043
EMGLEWOOD HEIGHTS
METHODIST CHURCH
3428 FITZHUGH AVE
FT NORTH TX 76105
BLR 24 LOTS 8, 9
B 100.00'PAVEMENT 43.53
100.00'CURB 3.41
304.00'SF SDWR(R) 3.21
194.70'SF DR APPR 3.75
LESS CREDIT
CHURCH PARKING LOT
LITTLE STREET INTERSECTS
----------------------------
SOUTB SIDE
000000869198
ENGLEWOOD HEIGHTS
METHODIST CHURCH
3428 FITZHUGH AVE
FT NORTH TX 76105
BLR 31 LOTS 1, 2, 3, 4
VACANT LOTS
APPRAISAL
2176.50
170.50
____642_00_--
2989.00
321.00
2668,00
2750,00
4353.00
341.00
975.84
---_ 730_ 13---
6399.97
487.92
5912.05
5500,00
B 200.00'PAVEMENT 43.53 8706.00
200.00'CURB 3.41 682.00
800.00'SF SDNR(N) 3.21 2568.00
11956.00
APPRAISAL 11000.00
2668.00
5500.00
11000,00 '
- 1-
ONlfER i LEGEI. DESCRIPTI011 EO11IltG FROIPlRGE 1ta?E 11!lOU11T
------------------------- ------ -------- ---- ------
EitGLEN00D HEIGHTS 2HD FILIIIG
SOUTB SIDE
000000869201
DOROTHY D ltELL1~tD
825 MBttI011 B 152.00'SF SDidlC(!I) 3.21 487.92
FT NORTH TY 76104
BL1~ 31 LOT S
487.92
RBS I DE11CE
SOUTH SIDE
000000869228
ELYIS E
ETUX TERESE MORRIS
4051 HBMPSHIRE BLVD
FT NORTH TX 76103
BL1~ 31 LOT 6
RESIDENCE
SOUTH SIDE
000000869236
ROBERT J CARPENTER
RT 1 BOX 774
ALPORD FL 32420
SL1C 31 LOT 7
8
ENGLENOOD HEIGHTS 2ltD FILIItG
50.00'CURB 1.87
156.00'SF SDNI~(!() 3.21
APPRAISAL
ENGLEWOOD HEIGHTS 211D FILIIIG
B 160.00'SF SDNR(!1) 3.21
93.50
500.76
594.26
2750.00
513.60
-----------
513.60
RESIDENCE
SIDE
000004666704
1600 CAPITAL CO
1609 ROYAL MILE
ARLIt(GTON TY 76015
BLIP 31 LOT 9
ENGLENOOD HEIGHTS 2XD FILIIIG
B 176.00'SF SDNR(b)
3.21
564.96
564.96
RESIDENCE
-2-
I~SSESS~MElfT
487.92
594.26
513.60
564.96
`~ CiTKBR i LEGAL DESCRIPTIQN
--------- t0!IIIMG PBONTI-GE
------ -------- FATE
---- 11MOTJNT ASSESSKENT
------ ----------
---------------- ENGLENOOD HEIGHTS 21TD FILING
SOTJT'H SIDE
000000869260
C/0 MELINDA BARITES
LETTIE CRAYTON
2301 EGYPTIAN WAY B 50.00'PAVH~tER? 43.53 2176.50
GRAND PRAIRIE TX 75050 50.00'CURB 3.41 170.50
BLR 31 LOT 10 200.00'SF SDITIC(N) 3.21 642.00
--------------
2989.OU
APPRAISAL 2750.00
2750,00
VACANT LOT
-------------------------- ENGLEiT00D HEIGHTS
-- ------------------ 21TD lILING
-------
80UTH SIDE
000000869261
C/0 ltELINDA BARNES
LETTIE CRAYTON
2301 EGYPTIAN iTAY B
GRAND PRAIRIE TX 75050 SO.00'CTTRB 1.87 93.50
BLR 31 LOT 11 220.00'SF SDiTK(N) 3.21 706.20
--------------
799,.70
APPRAISAL 2750.00
RESIDENCE
799.70
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sirsaoc~s ava~va
?he 1laaeaament Paviaq Policy as revised July 28, 1987 (MbC G-7160), provides that.
property coned and used as one or txo-family residential property rill not be
aaaeaaed for street reconstruction {escept for niasia9 curb, gutter, drivexay
approaches and sidewalks, if added). Onder this policy, the owners of the folloxiaq
improved property soned and used as one and two-family residences rill sot be
assessed.
IGLEii00D HEIGSTS 11DDISI011
Block 24 Lots 1, 2, 4, 5, 6, 7
Block 31 Lot 8
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lITZHD(~ avS~E
DEVELOPHR COllTRIBII?I011
The Dort north Independent School District esecuted Community facilities
agreement No. 16429 on Kay 24, 1988, for Crenshaw avenue roadway improvements
adjacent to the D. McRae Elementary School, Englexood Heights addition, Lot 3R,
Block 23.
a deposit in the amount of 5114,481.90 rill be paid prior to the Contract axard.
b
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FITZHUGH AVENUE, PROJECT N0. 90-136072-00
(BISHOP STREET TO CAMPBELL STREET)
COST DISTRIBUTION'
A. PROPERTY OWNER BY ASSESSMENT . ... ...... ....... .$ 24,878.44
B. DEVELOPER CONTRIBUTION ......... .............. $ 114,481.50
C FORT WORTIi CITY. .. ...................$ 112,983.58
C.1 Construction .. ......... .. .. .$ 90,043.26
C 2 Enqr. Insp./Administration.... .. .$ 22,940.32
(10$ of Estimate $ 229,403.20)
D. TOTAL ESTIMATED PROJECT COST ..............................$ 252,343.52
NOTE:
THIS PORTION OF FITZHUGH AVENUE WAS CONSTRUCTED IN 1940. CITY POLICY INDICATES THAT
IF STREET IS OVER 35 YEARS OLD, NO CREDIT IS APPLIED TO PROPERTY OWNERS
ABUTTING SUCH STREET.
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BH-19
Found enhancements on f ollowing properties to be less than indicated and levied these
assessments as follows•
Lot 3, Block 24, Englewood Heights Addition -assessed at $1,000 00
Lots 1, 2, 3, and 4, Block 31, Englewood Heights Addition -assessed at $6,568 00
Lot 10, Block 31, Englewood Heights Addition -assessed at $1,642.00
MASfEH F14E-1
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ACCOUNt11At~•2 -
~ity of 1Fort~ Worth, texas
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DATE REFERENCE SUBJECT: IStIVtf 1 I FitHKllVti A-UK llit PAS
NUMBER ASSESSMENT PAVING OF FITZHUGH
6-12-90 BH-0019 AVENUE FROM BISHOP STREET TO 1°f
(PROJECT N0. 90-136072-00)
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 by enhanced value in excess of
the amount assessed for the improvement of Fitzhugh Avenue from Bishop Street
to Campbell Street.
DISCUSSION:
The Fort Worth Independent School District has made major improvements to the
D. McRae Elementary School, and improvements to Fitzhugh Avenue abutting the
school site are considered essential. Community Facilities Agreement No. 16429
has been executed by the Fort Worth ISD, owner of 50~ of the adjacent
property.
Although Fitzhugh Street is in a target area, it is nat part of the 1986
Capital Improvement Program, and no CDBG funds are available to finance the
street construction.
Fitzhugh Avenue has been previously constructed to City standards; therefore,
property zoned and used for one- and two-family residences is not being
assessed except for missing curb, gutter, driveway approaches, and sidewalks.
On May 15, 1990 (M&C G-8597), the City Council established June 12, 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 5.
PROPOSED LMPROVEMENTS:
_~~.~ .„~
It is proposed~~to improve this segment of Fitzhugh Avenue by constructing
six-inch thick reinforced concrete pavement with seven-inch high attached
concrete curb on a six-inch thick lime stabilized subgrade so that the
finished roadway will be forty feet wide on a fifty-five foot right-of-way.
Six-inch thick concrete driveway approaches and four-inch thick concrete
sidewalks will be constructed where specified on the plans.
~'
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DATE REFERENCE suB.tECT BENEFIT HEARING FOR THE PnGE
NUMBER ASSESSMENT PAVING OF FITZHUGH 2 2
6-12-90 BH-0019 AVENUE FROM BISHOP STREET TO °`-~- -
ELL STREET,
(PROJECT N0. 90-136072-00)
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
independent appraiser, the cost of the construction has been computed at
$24,878.44 (10%) for the pro perty owners, $114,481.50 (45%) for Fort Worth ISD
and $112,983.58 (45%) for the City ;~f Fort Worf>>F, at large.
The independent appraisal substantiates that, a~ a result of the proposed
construction, each parcel of adjacent property will be eeihanced in value by an
amount equal to or greater than the proposed assessmento
MG:w/6
APPROVED BY
CITY COUNCIL
JUN 2R 1990
lei 9~~awd.~._
City Secretary of the
City of Fort Worth, Texas
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY Mike Groomer
6122
DISPOSITION BY COUNCIL.
^ APPROVED
PROCESSED BY
ORIGINATING
OTHER (DE RISE)
DEPARTMENT HEAD Gary Santerre 7801 ITV SECRETARY
FOR ADDITIONAL INFQ~M TON
CONTACT 1•lar~~a Lunday
8063 4
A(IO te~. '
DATE