HomeMy WebLinkAboutOrdinance 10549 ~,..
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ORDINANCE NO ~ /~-~--
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF HAWTHORNE_AVENUE. FROM 5TH AVENUE TO HEMPHILL
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 SUCH ASSESSMENTS AND THE ISSUANCE
OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, RESERVING UNTO THE
CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE
RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED, DIRECTING
THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE
CAFTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH,
AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY, AND
PROVIDING AN EFFECTIVE DATE
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WHEREAS, the City of Fort Worth, Texas, has heretofore declared the necessity for and
ordered that each of the hereinafter described portions of streets, avenues and public
places in the City of Fort Worth, Texas, be improved by raising, grading, and
filling same and by constructing thereon to-wit
HAWTHORNE AVENUE
From, 5TH Avenue to Hemphill Street, known and
designated as Project No 67-040213-00, 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 feet
wide on a sixty-foot 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 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 (v.ii) 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 January. 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 above described, each said person, firm or corporation shall be personally
liable only for its, her or his pro rata of the total assessment against such property
in proportion as its, his or her respective interest in such property may be released
from the assessment lien upon payment of such proportionate sum.
V
The several sums above mentioned and assessed against the said parcels of
property, and the owners thereof, and interest thereon at the rate of eight percent
{8~) per annum, together with reasonable attorney's fees and costs of collection, if
incurred, are hereby declared to be and are made a lien upon the respective parcels of
property against which the same are assessed, and a personal liability and charge
against the real and true owners of such property, whether such owners be correctly
named herein or not, and the said liens shall be and constitute the first enforceable
lien and claim against the property on which such assessments are levied, and shall be
a first and paramount lien thereon, superior to all other liens and claims, except
State, County, School District, and City ad valorem taxes
The amounts assessed against the abutting properties and the owners thereof shall
constitute a first and prior lien upon such properties and personal liability of the
owners thereof and shall be payable upon the acceptance by the City of Fort Worth of
the Project after its completion Said assessments shall be due and payable on or
before thirty days (30) after the acceptance by the City of Fort Worth of the Project,
except that, if the abutting owner so elects, by complying with the terms hereinafter
set forth, said assessments may be paid in installments Said assessments may be paid
in five (5) equal, consecutive annual installments, the first installment to be due
and payable no later than thirty (30) days after the acceptance by the City of Fort
Worth of the Project, and each subsequent installment to be due and payable on an
annual basis on each consecutive anniversary date of the acceptance of the Project; in
the alternative, said assessments may be paid in forty-eight (48) equal consecutive
monthly installments, the first installment to be due and payable no later than thirty
(30) days after the acceptance by the City of Fort Worth of the Project Any owner
electing to pay the assessment in installments, as provided for herein, as a condition
precedent to such election, must execute a promissory note and mechanic's and
materialman's lien contract evidencing the owner's intent to pay the assessment in
accordance with the terms of one of the alternatives hereinabove set forth. In any
case in which the owner elects to pay the assessment in installments under either of
the alternatives specified, the assessment shall bear interest from the date of
acceptance of the Project at the rate of eight percent {8~) per annum 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 the same to be
immediately due and payable; this and other terms governing any default in the payment
of any installment shall be set forth in the mechanic's and materialmen's
liencontract and shall be uniform among all owners executing the contract.
In addition, the City Attorney shall have the authority to authorize terms of payment
different than those specified herein when the Director has previously
determined that an extreme financial hardship exists
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VI
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If default shall be made in the payment of any assessment, collection thereof shall
be enforced either by the sale of the property by the Assessor and Collector of Taxes
of said City as near as possible in the same manner provided for the sale of
property for the non-payment of ad valorem taxes, or at the option of the City of Fort
Worth, or its assigns, payment of said sums shall be enforced by suit in any court of
competent jurisdiction, or as provided in any mechanic's or materialman's contract as
aforesaid, and said City shall exercise all of its lawful powers to aid in the
enforcement and collection of said assessments
VII
The total amount assessed against the respective parcels of abutting property, and
the owners thereof, is in accordance with the proceedings of the City relating to said
improvements and assessments thereof, and. is less than the proportion of the cost
allowed and permitted by the law in force in the City
VIII
Although the aforementioned charges have been fixed, levied, and assessed in the
respective amounts hereinabove stated, the City Council does hereby reserve unto
itself the right to reduce the aforementioned assessments by allowing credits
tocertain property owners where deemed appropriate Notwithstanding the City
Council has herein reserved the right to issue credits, it shall not be required to
issuecredits, and will not do so, if same would result in inequity and/or
unjust discrimination
The principal amount of each of the several assessment certificates to be issued
by the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and
determined by deducting from the amount of any assessment hereinabove levied such
amount or amounts, if any, as may hereafter be allowed by the City Council as a credit
against the respective assessments
IX
For the purpose of evidencing 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 the enforcement and collection thereof, assignable certificates in the
principal amount of the respective assessments less the amount of any
respective credit allowed thereon, shall be issued by the City of Fort Worth, Texas,
upon completion and acceptance by the City of the improvements in each unit of
improvement as the work in such unit is completed and accepted, which certificates
shall be executed by the mayor in the name of the City and attested by the City
Secretary, with the corporate seal of the City impressed thereon, and shall be payable
to the City of Fort Worth, or its assigns, and shall declare the said amounts, time
and terms of payment, rate of interest, and the date of the completion and acceptance
of the improvements abutting upon such property for which the certificate is issued,
and shall contain the name of the owner or owners, if known, description of the
property by lot and block number, or front feet thereon, or such other description as
may otherwise identify the same; and if the said property shall be owned by an estate,
then the description of same as so owned shall be sufficient and no error or mistake
in describing any property, or in giving the name of the owner, shall invalidate or in
anywise impair such certificate, to the assessments levied
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The certificates shall provide substantially that if same shall not be paid
promptly upon maturity, then they shall be collectable, with reasonable attorney's
fees and costs of collection, if incurred, and shall provide substantially that the
amounts evidenced thereby shall be paid to the Assessor and Collector of Taxes of the
City of Fort Worth, Texas, who shall issue his receipt therefore, which shall be
evidence of such payment on any demand for the same, and the Assessor and Collector of
Taxes shall deposit the sums so received by him forthwith with the City Treasurer to
be kept and held by him in a separate fund, and when any payment shall be made in the
City the Assessor and Collector of Taxes upon such certificate shall, upon
presentation to him of the certificate by the holder thereof endorse said payment
thereof If such certificate be assigned then the holder thereof shall be entitled to
receive from the City Treasurer the amount paid upon the presentation to him of such
certificate so endorsed and credited, and such endorsement and credit shall be the
Treasurer's Warrant for making such payment Such payments by the Treasurer shall be
receipted for the holder of such certificate in writing and by surrender thereof when
the principal, together with accrued interest and all costs of collection and
reasonable attorney's fees, if incurred, have been paid in full
Said certificates shall further recite substantially that the proceedings with
.reference to making the improvements have been regularly had in compliance with the
law, and that all prerequisites to the fixing of the assessment lien against the
property described in such certificate and the personal liability of the owners
thereof have been performed, and such recitals shall be prima facie evidence of all
the matters recited in such certificates, and no further proof thereof shall be
required in any court
Said certificates may have coupons attached thereto in evidence of each or any of the
several installments thereof, or may have coupons for each of the first four
installments, leaving the main certificate to serve for the fifth installment, which
coupons may be payable to the City of Fort Worth, or its assigns may be signed with
the facsimile signatures of the Mayor and City Secretary
Said certificates shall further recite that the City of Fort Worth, Texas shall
exercise all of its lawful powers, when requested so to do, to aid in the enforcement
and collection thereof, and may contain recitals substantially in accordance with the
above and other additional recitals pertinent or appropriate thereof, and it shall not
be necessary that the recitals be in the exact form above set forth, but the substance
thereof shall be sufficient. The fact that such improvements may be omitted on any
portion of any of said units adjacent to any premises exempt from the lien of such
assessments shall not in anywise invalidate, affect or impair the Lien of such
assessments upon other premises
X
Full power to make and levy reassessments and to correct mistakes, errors,
invalidities or irregularities, either in the assessments or in the certificates
issued in evidence thereof, is, in accordance with the law in force in this
City,vested in the City
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XI.
All assessments levied are a personal liability and charge against the real and true
owners of the premises described, notwithstanding such owners may not be named, or may
be incorrectly named
XII
The assessments so levied are
the property described abuts,
are in nowise affected by the
making assessments and in
improvements in any one unit
the assessments therefore in an~
for the improvements in the particular unit upon which
and the assessments for the improvements in any unit
improvements or assessments in any other unit, and in
holding said hearing, the amounts assessed for
have been in nowise connected with the improvements or
other unit
XIII
The assessments levied are made and levied under and by virtue of the terms, powers
and provisions of an Act passed at the First Called Session of the Fortieth
Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and
now shown as Article 1105b of Vernon's Texas Civil Statutes, which Act has been adopted
as an amendment to and made a part of the Charter of the City of Fort Worth, Texas
XIV
The City Secretary is hereby directed to engross and enroll this ordinance by copying
the caption of same in the Minute Book of the City Council of Fort Worth, Texas,
and by filing the complete Ordinance in the appropriate Ordinance Records of said
City
XV
This ordinance shall take effect and be in full force and effect from and after the
date of its passage and it is so ordained.
PASSED AND APPROVED this ~~ day of ~~~~ 19~
APPROVED A5 TO FORM ANA LEGALITY'
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HAWTHORNE AVENUE
(5TH. AVENUE TO HEMPHILL STREET)
PROJECT N0. 67-040213-00
EXHIBIT A
JANUARY 1990
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P6~OJECT Id0 67-040213-00, Ii~WTA0Rf3E I1VEI~UE, FROM 5T8 I~VEPdUE TO HEMPFiILL STREET, to be ltnprov~;:
by constructing a six-inch thick reinforced concrete pavement pith $ seven-inch high attached
concrete curb an a si$-inch think lime stabili$ed subgrade sa that the finished road~aap Will be
thirty feet ~aicie can a sixty-foot Width Right-Of-Way Four inch thick concrete side~alks and
:~i$-inch thict concrete drivee~ay approaches ~-ill be constructed sphere shoran on the plans
OWYYdER ~ LEGAL DESCRIPTIOPI
BEG I pfd II~G ~T STIi FiVLPdUE
SOUTH SIDE
000002254344
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AMY I~dC
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BLK E-5
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~EGIYd1VING h^1 ~I~'.h~FI3ILL STREET
IdORTH STDE
000000172340
HEhSFH I L L
BAPTIST TEMPLE
2020 IiE~1PHILL STREET
FT WORTH TX 76110
BLF( 8 LOT 5
~' CBf1RCIi BUILDI@dG
'I'R11VIS PaV~dUE I~'TERSECTS
k~Obl`f'ki BIDE
0000001722'28
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BAPTIvT `~~PLE
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ZOPdIFdG ~RORTAGE R~,TE
PO~JELL SUBDIVISIO@I
~dOUFdT
E 227 00'PAV~iE4dT 35 18 7985 86
227 00'CURB 3 3~S 758 18
610 00 5F SDWIt(R) 3000 183.0.00
10574 04
less credit 1142 45
431 9
Appraisal 9080 00
IIELLEVUE &iILL 1s,DDITI0A1
C 212 00' P~VEMEYdT 35 18 7458 16
212 00° CURB ~ 3 34. 708 08
991 00 5F SDd~TK (.R ) 3 00 29'. . 00
less eredit ~~~
1698 92
440 32
Appraisal 8480 00
DELL~fL BILL ~DI ~'I08
B 1t~0.00 ° PAVIi'T' 35.18 3518.00
100.00° ~RB 3.34 334 00
3852 00
ASSESSME~iT
9080 ~0
8480 0~0
NO EXISTING CURB AND GUTTER
li~C,1~Y~' LOTS Appra i sa l 4000 00 3852 ~ 00
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HIWTHORI~E 11VEIIIIE ( STH l~VEIIIIE TO SBlLPH I LL STREET )
The ~laaessment Paving Police as revised Jule 28, 1987 (MbC a-7160), provides
that propertp soned and used as one and two-family residential property, in
target areas will not be assessed for street reconstruction. Onder this
police, the owners of the following improved propertp soned sad used as one and
two-family residences will not be assessed.
L1W11 P LR CE 11DDITION
Block 1 Lots 8, 9, 10, 11, 12, 13, 14
Block 2 Lots 8, 9, 10, 11, 12, 13, 14
Block 3 Lots 8, 9, 10, 11, 12, 13, 14
Block 4 Lots 1, 2, 3, 4, 5, 6, ~,
Slock• 5 Lots 1, 2, 3, 4, 5, 6, 7,
Block 6 Lots 1, 2, 3, 4, 5, 6, 7
ELTO11 SIIBD I V I SOli
Lot D
LEVUE SILL_RDDI?IO11
Block 5 Lots 5, 6
Block 6 .Lots 5, 6
Block 7 Lot 6
Block 9 Lot 1
Block IO Lots I, 6
~ISLL SaBDIVISIOII
Block !-6
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HAWTHORN AVENUE, PROJECT N0. 67-040213-00
COST DISTRIBUTION'
(A) COST TO PROPERTY OWNERS
$ 21,412 00
(B) COST TO FORT WORTH CITY $ 262,489 20
STREET CONSTRUCTION $ 236,680 00
ENGR INSP /ADMIN $ 25,809 20
(10~ OF ESTIMATE $ 258,092 00)
(C) TOTAL ESTIMATED PROJECT COST $ 283,901 20
LEGEND
~ This street section was constructed in 1963
Concrete Curb Credit is 30$
GENERAL NOTE
Sidewalk policy is 50~ city participation for sidewalk replacement
S 3 00 X 50 = $ 1 50
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ACCOUNTINq • 2
lRANSPORTATION'PUBLIG .WORK&.1
Ma-fER /-OMINISTRATiVN ~'L.W !LJ/ ®~
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PAGE
2
of _-
pity of wort Worth, ~"e.~ca~
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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 Hawthorne Avenue from
5th Avenue to Hemphill Street.
DISCUSSION.
The 1986 Capital Improvement Program approved in March, 1986, included funds
for the improvement of Hawthorne Avenue from 5th Avenue to Hemphill Street.
The existing street consists of HMAC pavement in poor condition with some
curb and gutter constructed in 1963. It is located in the Mid-South Target
Area, and Community Development Block Grant funds will finance 15 percent of
the construction cost.
On February 20, 1990 (M&C G-8473), the City Council established March 20,
1990, as the date of the benefit hearing . Notices have ~b?e e=n given i n
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 Hawthorne Avenue by constructing
six-inch thick reinforced concrete pavement with a seven-inch high attached
concrete curb tin'±asi~x-inch thick lime-stabilized subgrade so that the
finished roadwa°y~~w•i;l,l%be thirty feet wide on a sixty foot right-of-way.
Six-inch thick"concrete driveway approaches will be constructed where shown
on the plans. ' "~
ASSESSMENTS : ~t
This street ha s~X~~p;r,~viqusly been constructed to City standards and is located
in a CDBG Target+ Area~~ therefore, in accordance with the Assessment Paving
Pot icy, prope*;tr~~;s~~~~-z~irb;d. and used for one- and two-family residences are not
being assessed.~~
(92~) for the City of Fort Worth at large.
An independent apprai"ser 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 $21,412.00 (8~) for the property owners and $262,489.20
DATE REFERENCE SUBJECT BENEFIT HEARING FOR THE PAGE
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NUMBER ASSESSMENT PAVING OF HAWTHORNE AVENUE 2
2
3-20-90 BH-0003 FROM 5TH AVENUE TO HEMPHILL STREET --°` ,~ -
PROJECT N0. 67-040213
The independent appraisal substantiates that, as a result of the proposed
construction, each parcel of adjacent property wi 11 be enhanced i n value by
an amount equal to or greater than the proposed assessment.
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**Hearing closed and the assessments levied as proposed with the
exception of the following changes:
That the assessment against Block E-5, Powell Subdivision, be set
at $3,000.00; and
That the assessment against Lot 5, Block 8, Bellevue Hill
Addition, be set at $3,000.00; and
That the assessment against Lots 5A and 5B, Block 7, Bellevue
Hill Addition, be set at $1,500.00, each.
APPROVED BY
CITY COUNCIL
~ ,~~En
MAR 27 1990
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City Secaetaxy of the
City of Fast Worth, Tauta~
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL.
PROVED PROCESSED BY
OFFICE BY 6122
ORIGINATING ~ p ~ OATH D SC IBE)
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CITY SECRETARY
DEPARTMENT HEAD: CjO!' Santerre 780 ~ Si~C.JC/
FOR ADDITIONAL INFORMATION Adopted Ordinance ~~
CONTACT Ma tha Lunda 8063 DATE