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Home My WebLink AboutOrdinance 10596 ORDINANCE NO.~~ AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF PAPURT DRIVE UNIT 2, FROM INTERSTATE 35W TO LEMING STREET AND LEMING STREET UNIT 3 FROM PAPURT DRIVE TO INTERSTATE 35W, 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' PAPURT DRIVE UNIT 2 LEMING STREET UNIT 3 Papurt Drive Unit 2, from Interstate 35W to Leming Street, and Leming Street Unit 3, from Papurt Drive to Interstate 35W, known and designated as Project No. 67-040172-00, 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 thirty-six feet wide on a fifty foot width Right-of-Way. Four-inch thick concrete sidewalks and Six-inch thick concrete driveway approaches will be constructed where shown on the plans. -1- so ~ 7^ 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 15th day of May' 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; (i.v) 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. -2- ;~ . 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 -3- z i' 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. -4- 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. -5- PASSED AND APPROVED this ~ day of 19~• APPROVED AS TO FORM AND LEGALITY: .,/~ ~ /`°v C ty Attorney Date • ---r~-'-~-~~ ~-~ V -------------- Adopted.-li• ~~~`~Q~----- Effective: V~~`~~' ~ ----------------------- -6- .. S3. LUNi, .;.Vfr.T;~11 ..r..... EAST .L'ON ~ ~ ~y '' ~, '''' ~ t 2 ! 4 S b i n / ~. =~a ~ zI ~ 2 13 3 1 ~ L e' c .'-a ~~ / ./ o ~ 13 ONG ~ TR N~ ~ ~ ~p , ~r d 12 1 ~ ~ .8 i ~ O ~ P~ r) ~ 5 W~ I ~~ ~ °I /i r rw~i O ~ -. i ~a /' D~AMGN!:~ Rost. DiAMONG R AO 'Jf - / W ' ~ z ~ ` is 6 ~ (' s y I I ,o ~~ ~ a, ~ / / _ r ~~. d ~ ~e 9 ,,.,.1,• s T E S C o H O W ~ I s ~ ~ ~ r. a 2 ~ 18 a s 2 ~ ~ ti ;: ~~ ~~~~3 ; WS A o ~ oo ~~ ~. L F. M/NG P '/ ~ y 7 ' N , ~ +-~-~. ~~ I~~ ~.~ w ~s ~ ~~ s ~ •o K 19 ^h~ r' a ~ o ~ ~ 0~9 BIT 6 5 4 T ~ ~~~,~ / ~ 2.7 a t v -- e 9 ~ ' ~Q ,,,s..,-~.,~ 9 8 Std ~ ~/ r ~3sSc,7a 9 . i !- ,o N H O ~ ~ i ~t t '1~ I,• ,1s ,c 17 ~~ i l / ~ TR Ica Zi I~ H ?J „ ' ; '/ O i ~1 / ~ / ~ t ~ / -wL - ~,~~r~s ,fie ,~ J' li s- ; oes ~ 1 ~ I • r,t W rr I ~ OEwE~ ST r' ~ Y a i i'' ~' 1 ~ 1 1 ~f 1~ ~ 1 i I ~w PAPURT DRIVE UNIT 2 (INTERSTATE 35W TO LEMING STREET) LEMING STREET UNIT 3 (PAPURT DRIVE TO INTERSTATE 35W) PROJECT N0. 67-040172-00 E?~IT A 1!~F~Ei 1990 PROJECT ~NO. 6.7-04b172-00, PAPURT DRIVE OMIT 2, FROM INTERSTATE 35W TO LEMING STREET AND~LEMING STREET OMIT 3, FROM PAPURT DRIVE TO INTERSTATE 35W, to be ihiproved by constructing a seven-inch ~' thick reinforced concrete pavement With a seven-inch high attached concrete curb on a six-inch thick lime stabilised subgrade so that the finished roadWap gill be thirtp-six feet wide on a fiftp foot Width Right-Of-Wap. Four-inch thick concrete sidewalks and sia-inch thick concrete drivexap approaches will be constructed ~rhere ahoWn on the plans. ~. ~: ;.. OWNER 6 LEGAL DESCRIPTION ZONING FRONTAGE RATE BEGINNING AT I-35W BARREN ADDITION SOUTHSIDE OF LEMING ~~ 000001477250 $ CIRCLE R CORP X159 U TOTAM INCORP P 0 BOX 52084 E .1485..00 "PAVEMENT 39.64 PHOENIX AZ 85702 1453.00 "CURB 3.63 BLR 19 3476.00'SF SDWR(R) 2.40 1225.10'SF DR APPR 3.0.9 LESS CREDIT ADJUSTED:*, ~, BUSINESS BEGINNING AT I-35W BARREN ADDITION I-3sw, NORTH OF LEMING 00000147?226 HERTZ RENTAL EQUIPMENT 9494 SW FRWY STE 4 I 522.57 "PAVEMENT 39.64 HOUSTON TX 77074 506.57 "CURB 3.63 BLR 18 LOT A 201.65'SF DR APPR 3.09 LESS CREDIT ADJUSTED:*, BUSINESS BEGINNING AT LEMING ---------------------------- NORTH OF LEMING & SOUTH OF PAPURT 000001477188 L R FRENCH JR P 0 BOX 11327 I MIDLAND TX 79702 BLR 16, 17, 18 ADJUSTED:*, ~#, VACANT LAND BARREN ADDITION ------------------------- 1291.00 "PAVEMENT 127 5.00 "CURB 752.00'SF SDWR(R) 1291,00'DRAINAGE 39.64 3.63 2.40 13.46 LESS CREDIT APPRAISAL -1- AMOUNT 58865.40 5274.39 8342.40 3785.56 76267.75 10770.01 65497074 20714.67 1838.85 623.10 23176.62 623010 22553,52 ASSESSMENT 65497.74 22553,52 51175.24 4628.25 1804.80 17376.86 74985.15 902,40 -------------- 74082,75 58095,00 58095000 M PAPURT/LEMING LEGEAD: * inlet Credit # The 1,485 feet of pavement in Block 19 includes the total frontage on Papurt Drive and Leming Street. ## The 1,291 feet of pavement in Blocks 16, 17, and 18 includes the total frontage on Papurt Drive and Leming Street. CREDITS: Existing sidewalks to be replaced are credited 50$ (cost sharing; 50$ Property owner and 50$ City participation), this applies to all property owners on this project. Block 19 has Traffic Approval #451, dated September 8, 1986, requiring new curbing and driveway approaches along Leming Street frontage. 100$ credit (since less than 10 years old per Assessment Paving Policy) is given for the driveway approaches and 100$ credit is given for 775 feet of curb. Block 18, Lot A, has a plat, FS-79-115, dated July 1979, and lot improvements would have been subsequent to that date, 100$ Credit is given for the driveway approach. -2- . w _ • • 9 A, z~' PsPtTRT DRIVE DI~tIT 2 AND LEMIIIG STREET Ol1IT 3 COST DISTRISIITIOR A. COST TO PROPERTY OWNERS ..................................$ 146,146.26 B. COST TO CITY OF FORT WORTH ...............................$ 137,508,50 Street Construction............$ 124,001.13 Engr. Insp./Admin ............ .S 13,507.37 (5$ of Bid Cost S 270,147.39) C. TOTAL ESTIMATED PROJECT COST .............................5 283,654.76 -3- d~ . T -_ rASrE~ iILE:I ~OUI~TIfV •2 ~; TRANSPORTAt10N~PU9LIC . R NITER AOMINISIRATION ~ i rU~W.1 VV '~~ 1 PAGE2 1 of ___.._ __ LLI'Il IYl] J I I(CL I f I~VI'1 1 -JAW I V rf1PU DRIVE (PROJECT N0. 67-040172-00) DISCUSSION. On September 4, 1987, the Street Superintendent for the City of Fort Worth advised staff that it was not possible to further maintain Leming and Papurt Streets at I-35W. The pavement had deteriorated to the degree of being a traffic hazard, and reconstruction was recommended. Councilman Zapata was contacted for approval of design and financing and concurred with staff's recommendation that the project should be initiated. The new street design provides for a wider street, wider turn radii at the intersections with I-35W, and wider driveway approaches. All adjacent property to the project is zoned commercial and industrial. Some improvements were made in 1979 and 1986 to sidewalks, curbing and driveway approaches, and the assessments reflect the appropriate credit. On April 17, 1990 (M&C G-8561), the City Council established May 15, 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 Papurt Drive, from Interstate 35W to Leming Street, and Leming Street, from Papurt Drive to Interstate 35W, by constructing 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 thirty-six feet wide on a fifty foot right-of-way. Four-inch thick concrete sidewalks and six-inch thick concrete driveway approaches will be constructed where shown on the plans. ASSESSMENTS This street has previously been constructed to City standards. The properties abutting Papurt Drive and Leming Street are zoned commercial and industrial and are predominantly vacant. The assessments are based on the commercial rate. as +' + s4~ t , ± .~ ~ ;.a r .. r ~.~::xt: 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 Papurt Drive, from I-35W to Leming Street, and Leming Street, from I-35W to Papurt Drive. r DATE REFERENCE suB~ECT BENEFIT HEARING FOR THE PAGE NUMBER ASSESSMENT PAVING OF PAPURT DRIVE 2 of 2 5-15-90. BH-0016 ROA1~-..35W__TO LEMING _STREET AND _ LEMING STREET FROM I-35W TO PAPURT ` DRIVE (PROJECT N0. 67-040172-00) 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 constr uction has been computed at $146,146.26 (52q) for the property o wners and $137,508.50 (48%) for the City of Fort Worth at large. '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 d APRROVED BY C~~ CQUI~CIL AS AMEI~TDED PRAY ~9 1990 ~~~~ city sg~carsr of ~e City of Font Wor.h, Texas SUBMITTED FOR THE CITY MANAGER'S DISPOSITION COUNCIL. PROCESSED BY . OFFICE BY Mike Groomer 6122 APPROVED _ __ ORIGINATING ''a OTH / ~ SCRIB ) J~ E t DEPARTMENT HEAD Gary Santerre 7801 \\ ~j ] ~,JrQx,~. /`~ / fJ , '~V CITY SECRETARY FOR ADDITIONAL INFORMATION ~~ di d O CONTACT - Martha Lundo 8063 ~~ nance r Adopte DATE - .~ ~=: