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HomeMy WebLinkAboutOrdinance 10571ORDINANCE NO. AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF LOMO STREET, FROM EVAN5 AVENUE T'0 NEW YORK 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 AI~40UNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY 1l~ ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTIOPd 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: LOMO STREET From Evans Avenue to New York Avenue, known and designated as Project No. 67-040205-00, 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 fifty foot Right-of-Way. Six-inch thick reinforced concrete driveway approaches 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. 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 24th day of April=, 1990 at 10:00 o'clock A . M . in the Counc i 1 Chamber of the City of Fort Worth; an~at tfie`Tiear ing Fie Counc i 1 permitted all interested parties a full and fair opportunity to be heard. WHEREA5, 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 March, 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 ro~erty. 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. 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 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 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 far 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. 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 APPROVED this ~ day of 19 1~ ~ . APPR~JVED AS TO FORM AND LEGALITY: ~ ~ ~ ~~~~~ City Attorney Date: -------------------------- Adopted: - ~ -~~ - ~------- Effective:---------------------- LOMO STREET (EVANS AVENUE TO NEW YORK AVENUE) PROJECT N0, 67-040205-00 EXHIBIT A MARCH 1990 ,PROJECT N0. 67-040205-00, LOMO STREET, FROM EVANS AVENUE TO NEW YORK AVENUE, 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 4Se thirty feet wide on a fifty foot width Right-Of-Way. Six-inch thick concrete driveway ~`appraoches will be constructed where shown on the plans. OWNER b LEGAL DESCRIPTION BEGINNING AT EVANS AVENUE SOUTH SIDE 000005099781 IGLESIA BAUTISTA EL BUEN PASTOR 900 LOMO FT WORTH TX 76110 BLK 10 LOTS 1 & 2 ZONING FRONTAGE RATE BRENTMOOR ADDITION B 140.00'PAVEMENT 34 44 140.00'CURB 3.54 163.70'SF DR APPR 3 75 LESS CREDIT CHURCH PROPERTY SOUTH SIDE 000000260657 JOSE G CARDENAS 1011 E RIPY FT WORTH TX 76110 BLK 10 LOTS 4 & 5 B BRENTMOOR ADDITION 140.00'PAVEMENT 39.44 140.00'CURB 3.54 LESS CREDIT VACANT LOTS NORTH SIDE 000000260886 JUAN A CARDENAS 1301 E ANTHONY FT WORTH TX 76115 BLR 11 LOT 10 B BRENTMOOR ADDITION 70.00'PAVEMENT 34.44 70.00'CURB 3.54 LESS CREDIT AMOUNT 4821.60 495.60 613 88 5931.08 1704.67 4226,41 ASSESSMENT 4226,41 4821 60 ___ 495_ 60___- 5317.20 1428.42 3888,78 3888.78 2.410.80 , ___ 247_ 80____ 2658.60 714.21 1944,39 1944039 VACANT LOT -1- A~ LOMO STREET, PROJECT N0. 67-040205-00 The Assessment Favinq Policy as revised July 28, 1987 (M&C G-7160), provides that property coned and used as one or two-family residential property in target areas will not be assessed for street reconstruction. Under this policy, the owners of the following improved property toned and used as one and two-family residences will not be assessed. BRENTMOOR ADDITION Block 10, Lots 3, 6, 7, 8, Block 11, Lots 9, 11, 12, 13, 14, 15, 16 -2- ,t, LOMO STREET, PROJECT NO. 67-040205-00 THE STREET i~AS RECOI~STRQCTED IN 1966. THE ASSESSMENT FAVING POLICY PROVIDES CREDITS FOR THE FOLLOWING; Existing life of HMAC Pavement credit is 25~• $ 34.44 x 25~ _ $8 61 Existing life of concrete curb credit is 45$: $354x45=$159 Existing life of concrete driveway approaches (constructed to City standard), credit 45~: $ 3.75 x 45$ _ $ 1.69 -3- 1 LOMO STREET, PROJECT N0. 67-040205-00 COST DISTRIBUTION. (A) COST TO PROPERTY OWNERS .. $ 10,059.58 (B) COST TO FORT WORTH CITY .. ... ...$ 58,250 42 STREET CONSTRUCTION ... $ 52,040 42 ENGR INSP./ADMIN ..$ 6,210 00 (10$ OF ESTIMATE $ 62,100 00) (C) TOTAL ESTIMATED PROJECT COST .. .. .. .. .. $ 68,310.00 -4- f :..- ~~~ fit ® 1Fort ~®~°th, ~"e.~~~ ~ ,f ~ ~` DATE REFERENCE suB~ECT BENEFIT HEARING FOR THE PAGE NUMBER ASSESSMENT PAVING OF LOMO STREET FROM 2 ~+-2~+-90 BH-0013 i or ~__ EVANS AVENUE TO NEW YORK AVENUE __ ____ (PROJECT N0. 67-040205-00) 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 Lomo Street from Evans Avenue to New York Avenue. DISCUSSION: The 1986 Capital Improvement Program approved in March 1986 included funds for the improvement of Lomo Street from Evans Avenue to New York Avenue. The existing street consists of HMAC pavement in poor condition with curb and gutter. It is located in the Worth Heights Target Area, and Community Development Block Grant funds will finance 15 percent of the construction cost. On March 27, 1990 (M&C G-8528), the City Council established April 24, 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 8. PROPOSED IMPROVEMENTS• It is proposed to improve this segment of Lomo Street 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 be thirty feet wide on a fifty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. r , ~' ASSESSMENTS• This street has 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 $10,059.58 (15%) for the property owners and $58,250.42 (85%) for the City of Fort Worth at large. .~ ~, 6 DATE REFERENCE SUBJECT BENEFIT HEARING FOR THE PAGE NUMBER ASSESSME NT PAVING OF LOMO STREET FROM 2 2 4-24-9o Bx-0013 EVANS AV ENUE TO NEW YORK AVENUE ----°`---- PROJECT N0. 67-040205-00 The independent appraisal substanti ates 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:d APPROVED BY ED ASR 2~ i~~~ ~~ ~k~~ City Secretary of the City o¢ Fort Worth, Texatl SUBMITTED FOR THE CITY MANAGER'S OFFICE BY Mike Groomer 6122 DISPOSITION Y COUNCIL: APPROVED PROCESSED BY ORIGINATING DEPARTMENT HEAD: Gary Santerre 7p I U01 OTHE ( CRIBE ~" :~ CITY SECRETARY FOR ADDITIONAL INFOR Tlgy CONTACT ~r~L11a LLU1day p 0063 Adopted Ordnance Nor . DATE. ~~