HomeMy WebLinkAboutOrdinance 10546r'
ORDINANCE NO. ~~~ i~ `~
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF TRAIL LAKE DRIVE, FROM WOODWAY
DRIVE TO WEDGMONT CIRCLE, 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 TC) THE CITY COUNCIL
THE RIGHT 'I1O ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TD
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:
TRAIL LAKE DRIVE From Woodway Drive to Wedgmont Circle known and
designated as Project No. 67-040209-00, to be
improved with six-inch thick reinforced concrete
pavement with a seven-inch high integral concrete
curb over a two-inch thick asphaltic stabilized
base on a six-inch lime treated subgrade so that
the finished roadway will forty feet wide on a
seventy foot Rightrof-Way. Six-inch thick
concrete driveway approaches and four-inch thick
concrete sidewalks will be constructed where shown
on the plans.
WHEREAS, concrete curbs and gutters on proper grade and line, storm drains,
and other appurtenances shall be constructed.
Wf-3EREAS, 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 20th day of March, 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.
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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 Janua , 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.
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 instalments. 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.
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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 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
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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 leavingg 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 APPROVID this ~ day of ~ 19
d ~ ----~~~~•
APPROVED AS Zb FORM AND LEGALITY:
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City Attorney
Date:---------------------------
Adopted: ~~ ~~f~~=-~
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Effective:------ ~ ---- - ----
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~T!' A
1990
T~~ LAIC DRIVE
WOODfnTi4Y DRIVE Tp I' ~~
PR0.TECr N0. 67-040209-00
~os~f~e
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~sED pER r~3 20, crrx covNCU, r~rnvc
PROJECT NO. 67-040209-00, TRAIL LAKE ~tIVE, F32OM,. WCpD4~,Y DRIVE Tn WEDGMONT CIRCLE, to be
~~, improved with six-inch thick reinforced concrete pavement with a seven-inch high integral
concrete curb over a two-inch thick asphaltic stabilized base on a six-inch lime treated
subgrade so that the finished roadway will be forty feet wide on a seventy foot Rightrof~•7ay.
,, Six-inch thick concrete driveway approaches, and four-inch thick concrete sidewalks will be
constructed where shown on the plans.
~R i IaCAL DESCRIPTION Z~IING
~_
B~7GIl4NIl~TG AT CIRCi~
'.,I1Ti~l SIDE
000003332055
KFI~IIBt'ItI L KARNES
P.O. BOAC 330584 A
FT WCRii~ TX 76163
BIK 23 tllT 20
FR{TTTAC~ RATE
~~_
WED~OD ADDI'TIDrT
MCI •~N~~
160.00'PAVDdENT 47.56
160.00'CLBiB 3.69
132.70 ~ LR APR 3.75
T609.60
590.40
497.62
~~~
326.40
less credit
At17tbTID: VACANT LO-I'
NOiRTH SIDE
OOOD03333701
WF'~DCWOOD VII~I~+,GE
1-SSOCIA?ION
6115 E PRESTON RD #160
IIW.t~S TX 75225
BIK 31 IOT 1H
NOEt'hi SIDE
0000033336SS
T~aOpD yrrr.nr:~
l1~90CIATIQd
ells E ~vN ~ X160
I9-LiAS TX 75225
StR 31 IOrT 3E1
pARICII4; IDT
Appraisal 8800.00
WIDC~7Cx~D ADDITION SET BY CITY COUNCII,
ASSESSMENT
~~
3225.00
E 131.00'PAVII~SENT 47.56 6230.36
131,00'CtJRB 3.69 463.39
163.70 SF DR APR 3.75 613.88
444.00 SF SD i4~-LK (p) 3.00 1332.00
less credit 995.18
00
Appraisal 72
7205.00
WIDC~~ICDD ADDTTION
E 162.00'PAVD~gNT 47.56
182.00'QStB 3.69
809.95 8D DR AAt 3.75
572.00 8F Sa MLR (N) 3.00
less credit
Appraisal
8655.92
671.58
1162.31
1716.00
Imo: ~"
550.16
10010.00 10010.00
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OW;~,R ~ LIX~-L TJESCRIPTION ZONING FROnTTAGE RATE AM0.IPTT ASSESSMENT
WIDC~A"AD AODITIDnI
" i SIDE
000003333647
SOD VII~I.AC~
ASSOCIATION
8115 E PRE~4lZ7N RD 4160
~~ ~ 75225
BIX 31 ICT lE
E 115.00'PAVD+aNT 47.56
115.00'QBiB 3.69
279.95 SF I3t APR 3.75
320.00 SF ~ i4~Y. (N) 3.00
000003333671
~+IEDOWOl7D VILLAGE
ASSOCIATION
8115 E PRES'PON RD 4160 E
II4I.LAS TX 75225
BLK 31 ID'P 1F2
less credit
Appraisal
~ AODITION
~~
68.00'PAVfME?TT 47.56
68.00'CURB 3.69
272.00 SF ~ AFR 3.75
less credit
Appraisal
ASS
~~ w~~
000005227658
W L R INC
400 DAL.TAS Hc,TY E
i84?~AtiACfiIE TX 75165
8IK 31 IJ7T 2
WIDC;wO~JD ADDITION
125.00'PAVDdII~T 47.56
109.00'CURB 3.69
359.95 SF DR APR 3.75
328.00 SF SD i~1AiX (td j 3.00
less credit
11Z37iIS'179: tt S~II~SS
Appraisal
5469.40
424.35
1049.81
960.00
442.24
6325.00
6325.00
3234.08
250.92
10~b
177.28
3740.00
3740.00
5945.00
402.21
1349.81
984.00
525.60
8i5~: ~~
6875.00 6875.00
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LEGEND:
* Credit for curb inlet
Trail Lake
constructed
follows;
Pavement
Curb
Drive Approach
Drive fran Wedc,~tiont Circle to Wedgway Drive was
in November 1962 and credit per policy is as
-0- Credit
30$ Credit
30$ Credit
Sidewalk replacement only
30~ x 3.69 = $ 1.11
30$ x 3.75 = $ 1.13
50$ x 3.00 = $ 1.50
~~
TRAIL LAKE DRIVE:
The Assessment Paving Policy as revised July 28, 1987 (M&C Cr7160),
provides that property zoned and used as one or two-family residential
property will not be assessed for street reconstruction. Under this
policy, the owners of the following improved property zoned and used
as one and two-family residences will not be assessed.
WEDGWOOD ADDITION
BIOCK 23 IAT'S 19,21,22
NOTE:
In addition, no assessments will be levied against any property
between Woodway Drive and Wedgway Drive.. The street was constructed
within the Assessment Paving Policy for 100$ Credit.
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TRAIL LAKE DRIVE:
C06T DISTRIBVTIpN
A. PRDPERTY Qa[~R BY ASSESSMENT .......................5 37,380.00
B. COST ZLO FLIRT WORI~3 CITY ............................$ 395,142.20
Street Construction .............5 355,822.00
Eng Insp / Achnin ................5 39,320.20
(10$ of Estimate 5393,202.00)
C. TOTAL ESTIMATED PROJECT COST ...............-.........$432,522.20
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r~4~N5P0RTATIDN~PU861C ...~ORJTS~ ®~ ~~ ]~ /~®~~~~ ]/ ~®~~~~~~~~~®~
NA'CER A0IdINIS1RA'TiOfd 4/~~Y~11~111// lL~/ (,(%,~l(/~ (lam/ (l(/i
LAYJr.l
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DATE REFERENCE SUBJECT BENEFIT HEARING FOR THE PAGE
NUMBER ASSESSMENT PAVING OF TRAIL LAKE DRIVE 2
3-20-90 BH-0004 FROM WOODWAY DRIVE TO WEDGMONT CIRCLE > 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 in enhanced value in
excess of the amount assessed for the improvement of Trail Lake Drive from
Woodway Drive to Wedgmont Circle.
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DISCUSSION.
The 1986 Capital Improvement Program approved in March, 1986, included funds
for the improvement of Trail Lake Drive from Woodway Drive to Wedgmont
Circle. The existing street consists of HMAC pavement in poor condition with
curb and gutter. The street section between Woodway Drive and Wedgway Drive
was constructed in 1979 and is within the period covered for 100% credit to
the adja•c'ent property owners, therefore, there are no assessments for
properties located in this section. Trail Lake Drive between Wedgway Drive
and Wedgmont Circle was constructed in 1962. There is no credit for the
pavement, and 30% credit is given for concrete curbs and driveways
constructed to City standards.
On February 20, 1990 (M&C G-8474), the City Council established March 20,
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 6.
PROPOSED IMPROVEMENTS
It is proposed'tof~improve this segment of Trail Lake Drive by constructing a
six-inch th"ck~i1-~e'i.nforced concrete pavement with a seven-inch high attached
concrete curb~ov`er a`two-inch thick asphaltic base on a six-inch thick lime
treated subgrade so that the finished roadway will be forty feet wide on a
seventy foot~~k~rig;h•t-of-way. Six-inch thick concrete driveway approaches and
four-inch thick concrete sidewalk will be constructed where specified on the
plans. ~ ~
4 ~' `
ASSESSMENTS '~rie~;y,~~1;,#~~. ~4~;, ,_
This street;~~z}ia-s~',•p;r.ew7oosly been constructed to City standards, therefore, in
accordance w~tch~ t~h-e -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
I ,_ tai ,'~, ~# t, ~ ,~
DATE REFERENCE
NWM$ER SUBJECT BENEFIT HE{~RING FOR THE PAGE
ASSESSMENT PAVING OF TRAIL LAKE DRIVE of 2
2
3-20-90 B H-0004 _
(PROJECT N0. 67-040209)
been computed at $42,526.22 (10%) for the property owners and $389,995.98
(90%) for the City of Fort Worth at large.
The independent appraisal s ubstantiates 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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APr'ROVEO BY
CITY COUNCi~.
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Ci.y Seazetozy of the
CiiT of Fact Worth. TIC!
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITI N BY COUNCIL: PROCESSED BY
OFFICE BY Mike Groomer 622 PPROVED
ORIGINATING ~ HE (DESC IBE)
DEPARTMENT HEAD• Gar Santerre 780 ~ CITY SECRETARY
FOR ADDITIONAL INFORMATION ~lopted Or~d~n~nce No.
CONTACT Martha Lunda 8063 DATE
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