HomeMy WebLinkAboutOrdinance 10733ORDINANCE N0._1_.Ll_.1!4
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF HUTCHINSON AVENUE , FROM DEWEY
STREET TO DIAMOND ROAD 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 T~iE QOLLECTION OF ASSESSMENTS AND THE ISSUANCE
OF ASSIGNABLE CERTIFICATES, RESERVTNG TO THE CITY COUNCIL T'HE 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:
HUT'CHINSON AVENUE From Dewey Street to Diamond Road, known and
designated as Project No. 67-040173-00, 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 stabilized subgrade, so that the finished
roadway will be thirty 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 27th day of November 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 October, 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 teens 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
and the owners thereof is in accord with
improvements and assessments thereof and
allowed and permitted by the law
the respective parcels of abutting property
the proceeding of the city relating to the
is less than the proportion of the cost
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 ~2~~ day of ~ 19~
APPROVED AS TO FORM AND LEGALITY
City Attorney
Date ----------------------------
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Adopted -~1-- ~-- --~----------
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EXHIBIT A
OCTOBER 1990
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HUTCHINSON AVENUE
(OEWEY STREET TO OIAPIOND ROAD)
PROJECT NOo 67-040173-00
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PR03ECT N0. 67°040173°00, HUTCHINSON AVENUE, FROM DEd~EY STREET TO DIA@SOND LOAD, ~.o be itnproeed
by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached
~onrete curb on a six-inch thick lime stabilized s~bgrade, so that the finished roacdway will be
thirty feet wide on a variable width Right-Of°Way.
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O~tNER & LEGAL DESCRIPTION
BEGIAiNING AT DEfriEY STREET
EAST SIDE
000001808923
SALTER W ~iENDERSON
75fl td 5TH STREET
FT ~YORTH TX 7 610 6
$LK 28 LOTS 11
x,20$ OF TAD APR $3000
ZONING FRONTAGE RATE AMOUNT
J !9 t100DY SUBDIVISION
B 50.OA°PAVEMENT 18.44
50.00'CURB 1.87
ENHANCEMENT
ADJUSTED., VACANT, UNIMPROVED
0000018089].5
G F FLAHERTY
3104 KUTCHINSON AVE B
FT ~iORTH TX 7 610 6
ELK 28 LOT 10
20$ OF TAD APR $4000
ADJUSTED., VACANT, UNIMPROVED
000004683684
FRANKIE M PETERKA
4404 HARDY STREET B
FT WORTH TX 76102
ELK q,28 LOTS 8 ~ 9
~, 20$ OlC TAD APR ,~pQ00
ADJUSTED ~, VACANT, UNIMPROVED
J-M-MOODY-SUBDIVISION----
50.00'PAVEMENT 18 44
50 00°CURB 1 87
ENHANCEMENT
J A! MOODY SUBDIVISION
100 00'PAVEMENT 18,44
100 00°CURB 1.87
r
ENFiANCEFlENT
922.00
93.50
1015.50
2000.00
ASSESSMENT
600.00
92a.oo
93.50
1015 50
2000.00
800.00
1844.00
187 00
2031.00
4000.00
1600.00
-1-
O~I~IER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
31ST STREET INTERSECTS J A4I900DY SUBDIVISION
____________________________ ________________e________
WEST SIDE
~____.______d_
000001808958
LARRY ETUX JOANN
ROBERTS
5628 JAMAICA CIR B 50 00'PAVEMENT 18.44 923.00
FT WORTH TX 76180 50 00'CURB 1.8? 93.50
BLK 29 LOT 1
~, 20~ OF TAD APR $4000
1015.50
ENHANCF;P4ENT 2000.00
ADJUSTED . ~ , VACANT , t1N IMPROVED
30TII STREET INTERSECTS
______e__________®______.___
000001807889
LOUINE ~4 POND
3051 HUTCHINSON AVE B
FT WORTH TX 76106
BLK 2Q LOT 2
~, 20~ OF' TAD APR $3000
J M MOODY SUBDIVISION
_____________.._____d_____
50 00'PAVEMENT 18 44 922.00
50 00'CURB 1 87 93.50
800.00
1015.50
ENHANCEMENT 2000.00
ADJUSTED', VACANT, UNIMPROVED
600.00
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HUTCHINSOH AVENUE, DE6iEY STRBET TO DIAMOND ROAD
PROJECT HO. 67-040173-00
The Assessment Paving Policy provides that property zoned and used as one or
two-family residential property in target areas will not be assessed for New
Construction. Under this policy, the owners of the following improved property zoned
and used as one and two-family residences will not be assessed.
J. M. MOODY SUBDIVISIOR
Block 20 Lots 1, 3, 4, 5, 6
Block 21 Lots 7, 8, 9, 10, 11, 12
Block 28 Lots 7, 12
Block 29 Lots 2, 3, 4, 5, 6
Block 32 Lots 1, 2, 3, 4, 5, 6
Block 33 Lots I, 2, 3, 4, 5, 6
Block 36 Lots I, 2
DIAMOND HILLS HIGHLAt1DS ADDITION
Block 10 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
Block 9 Lots 1R, 2R, 3R, 4R, 5R, 6R, 7R, 9, I0, 11, 12, 23, 24
CITY OF FORT WORTH PR®PERTY O~INERSHIP
J. M. Subdivision, Block 36 Lots 3, 4, 5, 6, 7, 8, 9, I0, 22, 23
' GENERAL ROTE:
~ Block 9 Lot 8R of the Diamond Hill Highlands Addition, is 40 feet wide with a 30
~ foot wide gas pipeline easement, owned by United Gas Pipeline Company, Houston,
Texas. This lot is not considered useable as a building site; therefore assessment
is not appropriate.
t
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Represents assessment amount being 20$ of the TAD appraisal and is the lesser
amount between:
A. Computed Assessment
B. Enhancement
C. TAD Appraisal
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HGTCHINSON AVENGE; PROJECT N0. 67°040173-00
COST DISTRGTION
A COST TO PROPERTY OWNERS ........... ... .. .. .$ 4,400.00
B. COST TO THE CITY OF FORT WORTH ... .... .. ...$ 275,671.00
Street Improvements .. .. ....$ 260,210.00
Engr Insp./Admire .. ..... ..$ 25,461 00
(10$ of Estimate $254,610.00)
C. TOTAL ESTIMATED PROJECT COST... .... ..... ..... .. .$ 280,071.00
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MASTER FIIE•1
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IRANSPORTATiONjF_U8t•IG WORI($•~1/~ ,/~ -/~// ~( ,L
HATER AOMINIS7RAT-O(t !' ~ ~Y/1 ~i~® l/ ~ I(,1(j~~ ~,/® l(i(-~~(lj II~Uj ~®~// ^ (V (Lil~/~~l(,ilU(/~ 1(i®~
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DATE REFERENCE SUBJECT: uu~u a ~ IIL/1I\al\4 i v~\ i~~~ .~JJ~JJ PAGE
NUMBER MENT PAVING OF HUTCHINSON AVENUE FROM 2
11-27-90 BH-0038 DEWEY STREET TO DIAMOND ROAD (PROJECT for
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 in enhanced value in
excess of the amount assessed for the improvement of Hutchinson Avenue from
Dewey Street to Diamond Road.
The 1986 Capital Improvement Program approved in March, 1986 included funds
for the improvement of Hutchinson Avenue from Dewey Street to Diamond Road.
The existing street is a substandard HMAC pavement section with some curb
and gutter. It is located in the Diamond Hill Target Area, and Community
Development Block Grant (CDBG) funds will finance a portion of the cost.
On October 30, 1990 (M&C G-8886), the City Council established November 27,
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.
PROPOSED IMPROVEMENTS:
It is proposed to improve this segment of Hutchinson Avenue by constructing
a standard concrete pavement section with curb on a lime stabilized
subgrade. The finished roadway will be thirty feet wide on a variable width
right-of-way. Standard driveway approaches and sidewalks will be constructed
as shown on the plans. Drainage structures will be installed as necessary.
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 $4,400.00 (2%) for the property owners and $275,671.00
(98%) for the City of Fort Worth at large.
DATE REFERENCE sue~ECr BENEFIT HEARING FOp THE ASSESS- PAGE
NUMBER MENT PAVING OF HUTCHINSON AVENUE FROM 2 or 2
11-27-90 BH-0038
N0. 67- 040173)
The independent appraisal substantiates that, as a result of the proposed
construction, each parcel of adjac ent property will be enhanced in value by
an amount equal to or greater than the proposed assessment.
UNUSUAL SITUATIONS:
There are no unusual situations on this project which require special
Council consideration.
MG:o
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APPit~D~'~~ ~~
c~TY co~~c~
NOV 27 t~9~®
~~~~
BMITTED FOR THE o~tih~~. o
of FOlt~ ""'
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SU
CITY MANAGER'S
Mike Groomer SSED B
ty
P
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DISPOSITION BY COUNCIL: C
612 ^ APPROVED
OFFICE BY
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT •H EA D: Gary Santerre O
700 CITY SECRETARY
FOR ADDITIONAL INFORMATION Adopted Ordinance No. ~
/y~~~d~~
CONTACT Martha Lunday 806 DATE