HomeMy WebLinkAboutOrdinance 10619s -'
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ORDINANCE NO.~::~~~~_
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF SIXTH AVENUE FROM SEMINARY DRIVE
TO DREW STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND
PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS, FIXING CHARGES ANA
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 ANA 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.
SIXTH AVENUE Sixth Avenue, from Seminary Drive to Drew Street, known
and designated as Project No 67-040243-00, 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 thirty
to thirty-nine feet wide on a variable width
Right-of-Way. Six-inch thick concrete driveway approaches
and four-inch thick concrete sidewalks 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 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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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
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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 presentatian 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, invaiidities 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 orher 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
APPROVED AS TO FORM AND LEGALITY'
~ ~/ Y I ~r ~~~~~~ ~'~ ~ 31
City Attorney
Date' --~lfJ_~1_~ ---
Adopted. ---------~~`Gfr- ~9~ --
Effective - - -- Z(°~ ~9~d
19
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SIXTH AVENUE
(SEMINARY DRIVE TO DREW STREET)
PROJECT NOo 67-040243-00
ROSEMONT PARK
( CITY OWNED )
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EXHIBIT A
MAY 1990
FLINT STREET
` PROJECT N0. 67-040243-00, SIXTH AVENUE FROM SEMiN~IRY DRIVE TO DREW STREET, to be improved by
constructing a six-inch thick reinforced concrete pavement With a seven-inch high attached
concrete curb on a two-inch HMAC base over a six-inch thick lime stabilised subgrade, so that
the finished roadway Will be thirty to thirty-nine feet Wide on a variable width Right-Of-Way.
3ia-inch thick concrete driveway approaches and four-inch thick concrete sidexalks Will be
constructed Where shown on the plans.
OWNER ~ LEGAL DESCRIPTION
BEGINNING AT SEMINARY DR
EAST SIDE
000003280322
ETUX EUNA
THOMAS WALTERS
4237 6TH AVE
FT WORTH TX 76115
BLR 10 LOT 15, I6
ZONING FRONTAGE RATE
WALKER'S SUBDIVISION
A 100.00 "CURB
126.95'SF DR APPR
1.87
3.75
AMOUNT
187.00
476.06
663.06
APPRAISAL 650.00
RESIDENCE
----------------------------
000003280349
SEAN M MCMAHON
9428 WATERCRESS A
FT WORTH TX 76135
BLR 10 LOT 17
WALKER'S SUBDIVISION
-------------------------
50.00 "CURB 1.87 93.50
126.95'SF DR APPR 3.75 476.06
569.56
APPRAISAL 550.00
RESIDENCE
FLINT 5T INTERSECTS
000003278093
ETUX BRENDA
WILLIAM CIMMINGS
1604 LAMPLIGHTER LN
FT WORTH TX 76134
BLR 1 LOT 16
WALKER'S SUBDIVISION
A 50.00 "CURB
126.95'SF DR APPR
1.87 93.50
3.75 476.06
569.56
APPRAISAL 550.00
dtES I DENCE
ASSESSMENT
650.00
550.00
550.00
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r OWNER & LEGAL DESCRIPTION ZONING FRONTAGE ~ RATE AMOUNT
___________________ WALKER'S SUBDIVISION
~ 000003278115
TERRY S MCCARTY & R
DBA MCCLONCH INVEST
RT 17 BOX 466 A 50.00 "CURB 1.87 93.50
FT WORTH TX 76126 126.95'SF DR APPR 3.75 476.06
BLK 1 LOT 18
569.56
APPRAISAL 550.00
ASSESSMENT
550 00
ADJtTSTED:RESIDENCE
000003278158
ROBERT W STRONG
4109 6TH AVE
FT WORTH TX 76115
BLK 1 LOT 21R
A
WALKER'S SUBDIVISION
-------------------------
85.00 "CURB 1.87 158.95
202.20'SF DR APPR 3.75 758.25
917.20
APPRAISAL 900.00
900.00
ADJUSTED:RESIDENCE
000004093852
BILLY J ETUX
MARIA L BELL
4101 6TH AVE
FT WORTH TX 76115
A 1222 TR 4A01
A
ADJUSTED:RESIDENCE, (UNPLATTED)
W BOLT ST INTERSECTS
----------------------------
000002811200
DALE W BARROW
1905 ROCRMOOR DR A
FT WORTH TX 76134
BLK F LOT 4
E P PARIS SURVEY
-------------------------
50.00 "PAVEMENT 18.44 922.00
50.00 "CURB 1.87 93.50
202.20'SF DR APPR 3.75 758.25
1773.75
APPRAISAL 2000.00
SO FORT WORTH ADDITION
-------------------------
140.00'FRONTAGE
100.00 "CURB 1.87 187.00
187.00
APPRAISAL 250.00
1773.75
187.00
~DJUSTED:RESIDENCE
2-
~:. OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE Al40IINT ASSESSMENT
SO FORT WORTH ADDITION
000002811197
PERRY A CORBIN 140.00'FRONTAGE
1329 W DREW A 59.00 "CURB 1.87 110.33
FT WORTH TX 76110
BLR F LOT 1
110.33
APPRAISAL 100.00
ADJUSTED:*, RESIDENCE, EXISTING PARTIAL CURB
SHAW HEIGHTS ADDITION
000002740796
CURTIS TAYLOR
4016 6TH AVE A 126.95'SF DR APPR 3.75 476.06
FT WORTH TX 76110
BLR 33 LOT 6
476.06
APPRAISAL 450.00
RESIDENCE
BEGINNING ON W DREW STREET SHAW HEIGHTS ADDITION
---------------------------- -------------------------
WEST SIDE
000002740842
JOSEPHINE AND
RONALD J GRAVES
4036 6TH AVE A 50.00 "CURB 1.87 93.50
FT WORTH TX 76110 126.95'SF DR APPR 3.75 476.06
BLR 33 LOT 10
569.56
APPRAISAL 550.00
.RESIDENCE
SHAW HEIGHTS ADDITION
---------------------------- -------------------------
000002740850
DENNIS R 5
IDA L OWNBY 100.00'FRONTAGE
4044 6TH AVE A 84.00 "CURB 1.87 157.08
FT WORTH TX 76110
BLR 33 LOTS 11, 12
157.08
APPRAISAL 150.00
100.00
450.00
550.00
150.00
ADJUSTED:*, RESIDENCE 3"
.,
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SIYTH 71VffifUE, PROJECT 110. 67-040203-00
The Assessment Pavinq Policy as revised July 28, 1987 (NBC G-7160), provides
that property zoned and used as one or two-family residential property will not
be assessed for street reconstruction, a:cept for missing curb and driveway
approaches. Under this policy, the owners of the following improved property
soned and used as one and two-family residences will not be assessed.
WALKER'S ADDITION
Block 10 Lots 1.4, 18, 19R, 21R, 22, 23, 24
Block 1 Lots 13, 14, 15, 17, 19, 20, 22
SOUTH FORT WORTH ADDITION
Block G Lots N, 0
SHAW HEIGHTS ADDITION
Block 33 Lots 1, 2, 3, 4, 5, 7, 8, 9
CITY OF FORT WORTH OWNERSHIP:
ROSEMONT PARK
WILLIAM W SURVEY, ABSTRACT 1645 TRACT 4
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SIXTH AVENUE, FROM SEMINARY DRIVE TO DREW STREET
COST DISTRIBUTION
A. COST TO PROPERTY OWNERS ............................... ..$ 6,410.75
B COST TO CITY OF FORT WORTH .. ........ ...............$ 307,338.57
Street Construction... ........$ 278,815.90
Engr. Insp./Admin... ..... ...$ 28,522.67
(10$ of Project Cost $ 285,226.65)
C. TOTAL ESTIMATED PROJECT COST..... .. .... .............$ 313,749.32
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DATE REFERENCE SUBJECT DCIYC~11 I'1CI1R1t~u rvrt I~~a_. PAGE
NUMBER ASSESSMENT PAVING OF SIXTH 2
6-19-90 BH-0027 AVENUE FROM SEMINARY DRIVE TO DREW 1of
RE MMENDATI N:
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 Sixth Avenue from Seminary Drive to
Drew Street.
DISCUSSION:
Sixth Avenue from Seminary Drive to Drew was added to the 1986 Capital
Improvement Program by City Council and financed with Council District No. 9
undesignated funds. The existing street consists of HMAC pavement in poor
condition with some curb and some gutter and has previously been constructed
to City Standards.
On May 22, 1990 (M&C G-8625), 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 9.
PROPOSED IMPROVEMENTS:
It is proposed to improve this segment of Sixth 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 vary from thirty to thirty-nine feet wide on a variable
width right-of-way. Six-inch thick concrete driveway approaches and four-inch
thick concrete sidewalks will be constructed where shown on the plans.
ASSESSMENTS
rates.
This street has. previously been constructed to City standards; therefore, in
accordance';;w~th`~.'tFie'~Assessment Paving Policy, properties zoned and used for
one- and ±two=fiami~ly ~rzesidences are not being assessed, except for missing curb
and drive`wa'7~1 a{'' roaches which will be assessed at the revailin residential
y PP P 9
An independent appraiser has advised the staff as to the amount of enhancement
to property values -tFrat will result from the proposed improvements. Based on
standard City po.licjr,~the City Engineer's estimate, and the advice of the
independents appraiser,°the cost of the construction has been computed at
$6,410.75 (2%) for the -property owners and $307,338.57 (98%) for the City of
Fort Worth~,at large. '
DATE REFERENCE suB~ECr BENEFIT` HEARING FOR THE PAGE
NUMBER SSESSMENT PAVING OF SIXTH 2 ,. 2
6-19-90 BH-0027 VENUE FROM SEMINARY DRIVE TO DREW °f
STREET PROJECT N0. 67-040243-00
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.
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APPROVED BY
CITY COUNCII,
A.S AIVLELVL~}+I~
JUN ~6 t99O
Citp Seoretarp of the
Citq of Fort Worth, Texan
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY Mike Groomer
6122
DISPOSITION BY COUNCIL.
^ APPROVED
PROCESSED BV
ORIGINATING
DEPARTMENT HEAD• Gary Santerre
7801 THER DESCRIBE)
CITY SECRETARY
FOR ADDITIONAL INF~art~aN Lunday
CONTACT 8063 n
Ado ted Ordinance No.
n l
DATE
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