HomeMy WebLinkAboutOrdinance 10659,;
ORDINANCE N0. ~ _f~_,
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF FELIKS GWOZDZ STREET (FORMERLY
KNOWN AS MYRTLE STREET), FROM HEMPHILL STREET TO ST. LOUIS AVENUE, 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'
FELIKS GWOZDZ STREET Feliks Gwozdz Street (formerly known as Myrtle Street),
From Hemphill Street to St Louis Avenue, known and
designated as Project No 90-136032-00, to be
improved by constructing a seven-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-six 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 Drainage
structures are to be constructed where required
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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 7th day of AuQUSt1 1990 at 7.00 o'clock
P.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 June, 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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t ,
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 far the assessments levied..
The certificate shall pravide 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
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 19 ~®
APPROVED AS TO FORM AND LEGALITY'
G/J l
~~ ~f l~~
ity Attorney
Date:----------------------------
Adopted: - --~-~~1_~~ ~----
Effective.- - - ~J-1 ~~-~-----
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~W~ ~ ~r~~
a++s~++ J
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.L S'IB' ~ S'r. LOUIS AVFIQt~
i'R0.7DCP N0. 90-136032-00
SIT A
1990 - ~ 1°'t`ID
~7D(-`T NO. b7-040254-00
PRU7DCT ,NO. 90-136032-0o AND PR~JiTDCT N0. b7-040254-00, FEi1xs c~aozrn s~EEr ( ~:LY parr As
MYRTLE STREET), FROM F3ILL STREET ~ ST. IACIIS AVENUE, is proposed to be improved by
constructing a seven-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
forty feet wide on a fifty-six foot right-of-way. Four-inch thick concrete sidewalks and six-
inch thick reinforced concrete driveway approaches will be constructed where shown on the
plans. Drainage structures to ba constructed where required.
QTR i LECaAL ~IPTION 20[~TING
BDGII~iII~ AT ST IOUIS AVFNt1E
000001805355
NAT'L MEDICAL CARE
Br9A OF PT WORTTi INC.
1408 ST IQfJIS AVE C
FT SACEr1Ii TX 7b104
BIR 2 I1'n 8
ADJUSTID: *, CLIIJIC
000001805479
RUBY L JACKSON
1429 MAY ST C
FT WCttT~3 TX 76104
BIR 2 IDT 16
RESIDENCE
MAY SI'RELT IIJI'ERSECTS
000001804014
A J GARRISON
1430 MAY ST
FT TX 76104
BIR 1 IDT lb
ALUt]S'TIDs ~. RESIDENCE
Fi~~1TAGE RATE 1ht+l0~Il1JT
-~ __.__
MOODIE 4 Ev1~NS #2 SUBDIVISION
106.00'PAVFMFIJT
79.00'CURB
455.00'SF sh1K (N)
124.95'SF DR APR
49.78
3.66
3.21
3.75
Appraisal
MOQOIE & EVANS #2 SUBDIVISION
5276.68
289.14
1460.55
468.56
7494.93
4240.00
100.00'PAVEi~tT 49.78 4978.00
100.00'CURB 3.66 366.00
500.00'SF SWK (N) 3.21 1605.00
Appraisal
MOODIE S O~SUBDIVISICN
C 143.00'PAVFMF2~T 49.78
116.00'CiIRB 3.66
625.00'SF SMK (R) 3.21
148.20'SF Dit APR 3.75
Appraisal
6949.00
4000.00
4240.00
4000.00
7118.54
424.56
2006.25
555.75
10105.10
5720..00
5720.00
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~R & IDGAL DESC~tIPTION
~~
NJKTEI SIDE
000001804022
IIAY MARTINEZ
ETUX MARIA H
1429 JFI~IIdINGS AVE S
gp y~~ Tx 76104
BIK 1 I!n 17
JII~TINGS AVENfJE II~TTERSECTS
?ANING FRONTAGE RA'T'E AMOURTT
t~gODIE S 0 SUBDIVISION
000001804286
FRANK SL,IDZ
1330 OOLJ.F7GE
FT WCEtTH TX 76104
BIR 2 LA-T 16R
C 150.00'PAVE4~4N!'
150.00'CURB
695.00'SF 9WIC (R)
93.95'SF ZR APR
C
49.78
3.66
3.21
3.75
Appraisal
MOODIE S O SUBDIVISION
164.00'PAVD~Tr 49.78
164.00'QJRB 3.66
820.00`SF SWK (R) 3.21
164.00'DEtAIt~AGE 37.97
I~.SS CREDIT
VACANT LOrT
000001804294
FRANK SLEDZ
1330 ODL.T.FY:F: F
FT WQt'Ifi TX 76104
BIK 2 IOT 17
SUSSI[~IESS
':~-'~~~tE~
000004997980
FT WORiIi LODGE #251
1501 f~EiILL
FT WCItTH TX 76104
SIR Dl I4T 1R
BUSINESS
MOODIE S 0 SUBDIVISION isal
151. ~' PAVFI~TT 49.78
151.00'CURB 3.66
680.00'SF SWK (R) 3.21
124.95'SF LR APR 3.75
Appraisal
BELLEVIJE HILL ADDITION
F Z00.00'PAVII~TT 49.78
200.00'CU17B 3.66
850.00'SF SWK (N) 3.21
249.90' SF Lot APR 3.75
Appraisal
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7467.00
549.00
2230.95
352.31
10599.26
6000.00
8163.92
600.24
2632.20
6227.08
17623.44
1316.10
16307.34
6560.00
7516.78
552.66
2182.80
468.56
10720.80
6040.00
9956.00
732.00
2728.50
937.12
14353.62
8000.00
ASSESSME[~TT
6000.00
6560.00
6040.00
8000.00
aWt~Ft & LDC~AL DESCRIPTION ZONING :, FRO[~YTAGE RATE AMaUtJT
VIIJCENT J M ADDITION
a SQflIi SIDE
000003274616
TEXAS DEPT
OF NgNTAL HEALTH
P O BOX 12668 C 235.00'PAVEI~TTT 49.78 11698.30
AT,IbTIN TX 78711 220.00'CiAiB 3.66 805.20
BIR 1 IDT 1175.00'SF Si~C (N) 3.21 3771.75
16275.25
AIl7t1STIDs ~~ &1SII~S Appraisal 9400.00
ASSESSMENT
9400.00
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d. Sa'
r~Lrih7 VRl4J./fI ~i
t 3
OoRmunity Facilities l~greanent' Pb. 15853 (with extension pc+vvision
No. 17459) provides for the Developer's contribution of $ 54,053.00
for the street improvements adjacent to Peter Smith 9ospital Site
Addition, Block 3, Lit 1.
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c
F'EI.IKS Q~~DZ STREET (FILLY N AS M S'I'itEF'T):
C+06T DISTRIBVTIQJ
A. PROPEItTX ~R BY ASSFSSI~IIT ..........................S 49,960.00
B. DEVF~ER OOt1I'RIBUTION ..................................$ 54,053.00
C. OOST ZO FORT WO~ii CITY ............----•--------------$ 188,752.00
Street O~nstruction ...............$ 162,137.00
Eng Insp / Ac~nin ..................$ 26,615.00
(108 of Estimate S266,150.00)
D. TL7TAL ESTIMATID P'RC'~TEX'T Q06T ................................$292,765.00
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~~~
ACCOUNTING•2
~~ty o~' Fort ~®rth, ~'~xa~
4RANSPORTATIO"N~PUBLIC WO~~~Sya/Ji///~ ,Q~///,~ Q~~/-7/,/ /,/l/~-, ~J1,vI~,. p~f~ ~ Q~
MASER ADMiNISTRATIONJ - " -' ~~~~ "-~""' v®~° '~`"~~ ~®~~1VW~~~~~~®~
11AWr1
V VCS
DATE REFERENCE sus~ECT BENEFIT HEARING FOR THE PAGE
NUMBER ASSESSMENT PAVING OF FELIKS GWOZDZ 2
8-07-90 BH-0032 STREET. FROM,HEMPHILL STREET TO ST. >.°r
LOUIS AVENUE (PROJECT N0. 90-136032
AND 67-040254)
RECOMMENDATION.
It is r-ecommended 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 at
least equal to the amount assessed for the improvement of Feliks Gwozdz
Street from Hemphill Street to St. Louis Street.
DISCUSSION.
The 1986 Capital Improvement Program approved in March, 1986, included funds
for the improvement of Feliks Gwozdz Street from Lipscomb Street to May
Street. The project limit was extended east from May Street to St. Louis as
a result of a Community Facilities Agreement executed by the Tarrant County
Hospital District which owns fifty percent of the project extension. The
existing street is substandard HMAC pavement with some curb and gutter. It is
in the Mid-South Target Area and has never previously been constructed to
City Standards. Community Development Block Grant funds will provide 30
percent of the construction cost.
On July 12, 1990 (M&C G-8712), the City Council established August 7, 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 Tocated in Council District 9.
PROPOSED IMPROVEMENTS:
The improvement of Feliks Gwozdz Street will include constructing a
seven-inch thick concrete pavement with curb over a six-inch lime stabilized
subgrade so that the finished roadway will be forty feet wide on a fifty-six
foot right-of~way,. ,,Driveway approaches and sidewalks and drainage structures
wi 11 be ~c,onstr,..uct:ed.Ywhere specified on the plans.
ASSESSMENTS A ~.~,;,
In accordance`with'ythe Assessment Paving Policy, properties zoned and used for
one- and two-family residences are not being assessed.
1 ~ 1 fi.
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
$49,960.00 (17%) for the property owners, $54,053.00 (19%) for the Developer's
contribution, and $188,752.00 for the City of Fort Worth at large (64%).
.,
s Y ,ice + '"~',rl~
,~ .»:xaa~.v ». ... ..,....
DATE REFERENCE suB~ECr BENEFIT HEARING FOR THE PAGE
NUMBER ASSESSMENT PAVING OF FELIKS GWOZDZ 2
2
8-07-90 BH-0032 STREET FROM HEMPHILL STREET TO ST. or
LOUIS AVENUE (PROJECT N0. 90-136032
AND 67-040254)
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.
MG j
APPROVED BY
CIL
N
Cis COU
D
~
AU G ;C 1 1990
~~~~
City Seccetnty of the
Citp of Fort Womb. Teaalt
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY: Mi ke Groomer
1
6122
DISPOSITION BY COUNCIL.
^ APPROVED
PROCESSED BY
ORIGINATING
DEPARTMENT HEADGary Santerre
7801 OTHER (DESCRIBE)
CITY SECRETARY
TTIONAL IfyF,a~f~q_Ta NLunday
I~'I Lfl
T 8063 Adopted Ordinance No. ~
DATE
CON
AC