HomeMy WebLinkAboutOrdinance 10779r.,
F.,, u
ORDINANCE N0. ®~/
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF AYERS AVENUE, FROM CREN_SHAW
AVENUE _TO AVENUE M, 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 'Ili 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:
AYERS AVENUE From Crenshaw Avenue to Avenue Ai, known and
designated as Project No. 67-040158-00, 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 sta'oilized subgrade, so that the finished
roadway will be thirty feet wide on a fifty foot
width Right-0f--Way. Six-inch thick concrete
driveway approaches and four-inch thick concrete
sidewalks will be constructed where shown on the
plans. Drainage structures will be constructed
as required.
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 5th day of February 1991 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 f_or_ 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 December, 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.
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 he 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 grerequisites 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 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 orher 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
-5-
PASSED AND APPROVED this ~~ day of'~ _ 19
APPROVED AS TO FORM AND LEGALITY
• n~~
//` ~
City Attorney
Date ----------------------------
Adopted -~~~~- ~'`-------------
~~~ ~~
Effective ~--------------------
-6-
~t
~1 ~'
I
R
~ ~ . . •.
I
t
rr. ,N. ~ ~
i 1
i 111 ~ O~ O 1 1~ ! I I~
H ~ ~ t
S K •T /1 /! t0 t/ t
J f 000...111
l h AvE. _ _
' a a s s a.: s/ W
'; W Q
J A
i ~- O
1~
J w n /e I) /I /9 20 2/ 1? ~~
.J
AvE : _
'• ~ 9 B f 6 J. • 3 1 /
M J•
A
~ ` AVF3VCTE M
AVFI~IIE N
,•
+Y ; D F C ~•~ .
.. ~ ~ L1
LtTTL£JOHN 2 3 NOQTH
J 1~1 1~~ ~1
s t K ?•H 2'A,~ 1 1 ~ 1
1 ~
g!
ti • I
I r
1 1
I :s a
1
1
•. 1
1 ••
1
~ 1}
1
~i`` s
1
1
tb I
1
m i
1
~
s
M
i 1 1
• ~
~ " ~. LtTTL£JOHN t i SOL/TH
1 1 .o
~ ~
1 ~ 1 J
t t ~ w
~ ~ A •
.r~ /:B ii ~wv s. ~e • ~
v•
t
• ..
AYE .t
EXHIBIT A
DECEt1BER 1990 (NP )
CR£NS NA Y~
x
~ I I • I ~
1
J
~a
.. ..
~• • a a s • • • a, I
• W
,• w g w .• « w w a; W
Z
L/TTZE/ONM AYE
a 1
w ~ •
~~ L/TTLEJDHN
AYE 2
M •~ y
tt f0 1 y
w • ~
1
Y M b N T L- p ~•
AYERS AVENUE
(CRENSHAW AVENUE TO AVENUE M)
PROJECT NO. 67-040158-00
V
3
-. PROJECT 1i0. 67-040158-00, AYERS AVENUE', PR0~1 CRENSHAW AVENUE TO AVENUE M, 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 thirty feet wide on a fifty foot width Right-Of-Nay Six-inch thick reinforced concrete
" drivewap .approaches and four-inch thick concrete sidewalks will be constructed where shown on
the plans. Drainage structures will be constructed where required.
OWNER ~ LEGAL DESCRIPTION ZONING
BEGIItNItiG AT CRENSHAW AVENUE
EAST SIDE
000003055388
JOHN C ROBISON
730 TURNER NARNELL RD B
MANSFILED TX 76063
BLR 7 LOT 6
#, 20~ 0~' TAD APR ($4000. )
ADJUSTED:, VACANT LOT
000002304147
JAMES E ETUX
ANN TYLASRA
117 GLENN DR
EURST TX 76053
8LK 7 LOT 9R
FRONTAGE RATE
SUNSHINE HILL ADDITION
-------------------------
3148.05
ENHANCEMENT 6200.00
155.00'PAVEMENT 18.44 2858.20
155.00'CURB 1.87 289.85
RAEF SUBDIVISION
-------------------------
E 180.00'PAVEMENT
180.00'CURB
580.00'SF SDWR(R)
279.95'SF DR APPR
35.76
3.54
2.68
3.75
LESS CREDIT
ENHANCEMENT
]1DJUSTED:*, BUSINESS
----------------------------
000002303965
JAMES E ETUX
AlIN TYLASRA
117 GLENN DR
BtTRST TX 76053
BLR 6 LOT 10
#, 20~ OF TAD APR ($3000.)
ADJUSTED:, VACANT LOT
RAEP SUBDIVISION
-------------------------
B 125.00' PAYEMEIiT
125.00'CURB
- 1-
18.44
1.87
AMOUNT
ASSESSMENT
800.00
6436.80
637.20
1554.40
1049.81
9678.21
777.20
8901.01
7200.00
7200.00
2305.00
233.75
2538.75
ENHANCEMENT 5000.00
600.00
DECEMBER 1990 (NP)
OWNER & LEGAL DESCRIPTION BONING FFONTAGE RATE I!!lOUNT ASSESSMENT
-------------------- POLYTECHNIC HEIGHTS
----------
- -- ADDITION
------
-------
000002250624 -------
WILLIS PACE JR
2101 S AVERS B 125.00'PAVEMENT 35.76 4470.00
FT WORTH TX 76105 125.00'CURB 3.54 442.50
BLR 12? LOT 9 292.00'SF SDiiR(R) 2.68 782.56
5695.06
LESS CREDIT 391.28
5303.78
ENHANCEMENT 5000.00
5000.00
ADJUSTED:*, CHURCH
AVENUE M INTERSECTS
-------------------------- RAEF SUBDIVISION
- -------------------
------
-
REST SIDE
000002303868
R L SANDERS
1900 MAY ST B 125.00'PAVEMENT 18.44 2305.00
FT WORTH TX 76110 125.00'CURB 1.87 233.75
BLR 5 LOT 22
#, 206 OF TAD APR ($3000.) 2538.75
ENHANCEMENT 5000.00
600.00
ADJUSTED:, VACANT LOT
TOTAL ASSESSMENT $14,200000
DECEMBER 1990 (NP) -2-
AYEItS AVENUE
'The Assessment Paving Policy as revised July 28, 198? (MbC G-7160), provides that
property coned and used as one or two-family residential property in target areas
will not be assessed for street reconstruction. Under this policy, the owners of the
following improved property zoned and used as one and two-family residences will not
be assessed.
SUIiSHIFE HILL ADDI?ION
Block 6 lots 6A, 23, 31, 32
Block 7 lots 5, 13, 14
BDIVISION
Block 1 lots 9, 10
Block 2 lots 1, 22
Block 5 lot 1
Block 6 lot 9
Block 8 lot 1
~CHARF SUBDIVISION
Lots A, B, C, D, E, F
POLYTECHNIC HEIGHTS
Block 126 lots 1, 22
Block 127 lot 10
LEGEND:
* Per City Policy, sidewalk replacement is shared 50/50 between the Property Owner
and the City.
# Capped at 20$ of TAD Appraisal.
ROTE:
The Church does not qualify for TAX exemption siace the property is in the
ownership of an individual.
DECEMBER 1990 (NP) "3'
1
l1TER3 AVEIiIIE; PROJECT NO. 67-040158-00
OOST DISTROTIOII
A. COST TO PROPERTY OWNERS ................................$ 14,200.00
B. COST TO THE CITY OF FORT WORTH .........................$ 543,177.70
Street Improvements .............$ 492,507.00
Engr Insp./Admin....... ... ..$ 50,670.70
(10$ of Estimate $ 506,707.00)
C. TOTAL ESTIMATED PROJECT COST.... ...... ..............$ 557,377.70
-4-
DECEM$ER 1990 (NP)
?~~sreR one ~
ACCOUNTING 2. ~j~t~ 0~ J(, ~y (~ ~®Y (~/l~~ ~L ~.Ni~l.Y~a7
tTRAkSPORTATION~PUULIC .WQ~~AY ®~ ~~~LtV ~®LL/1V~~~lV ~L/®~~ (VW~~~L/'liW~~®~
HATER AOMINIS1RATiuf1 4
D.~
DATE REFERENCE SUBJECT BENEFIT HEARING FOR THE PAGE
NunnBER ASSESSMENT PAVING OF AYERS AVENUE FROM 1 of 2
~'~`~=~5~~6'1 BH-0044 R E T
N0. 67-040158)
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 speci-ally benefited in enhanced value in excess of
the amount assessed for the improvement of Ayers Avenue from Crenshaw Avenue
to Avenue M.
DISCUSSION:
The Capital Improvement Program approved in March 1986, included funds for the
improvement of Ayers Avenue from Rosedale Street to Crenshaw Avenue. Since
this street lies in two separate drainage areas, the project was divided into
two segments. Only minor drainage improvements are required in the segment of
Ayers from Crenshaw to Avenue M and in order to expedite construction on this
street, only this segment will be addressed at this time. The Avenue M to
Rosedale segment will be a future project. Ayers Avenue from Crenshaw to
Avenue M consists of substandard HMAC pavement with some curb and gutter. It
is in the Polytechnic Heights Target Area and has never been constructed to
City standards.
On January 3, 1991 (M&C G-8983), the City Council established February 5,
1991, 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 5.
PROPOSED IMPROVEMENTS:
It is proposed to improve this segment of Ayers Avenue by constructing a
standard concrete pavement section with curb on a stabilized subgrade. The
finished roadway will be thirty feet wide on a fifty foot right-of-way.
Standard driveway approaches and sidewalks will be constructed where specified
on the plans. Drainage structures will be constructed where required.
ASSESSMENTS:
This street has not previously been constructed to City standards and is
located in a CDBG Target Area 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
$14,200.00 (3%) for the property owners and $543,177.70 (97%) for the City of
~~ .t ..
DATE REFERENCE suB~ECr BENEFIT HEARING FOR THE ASSESSMEN PAGE
NUMBER PAVING OF AYERS AVENUE FROM CRENSHAW 2 2
2-5-91 Bli-0044 AVENUE TO AVENUE M (PROJECT N0. 67- °f
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.
UNUSUAL SITUATIONS:
A church is located on Lot 9, Block 127, Polytechnic Heights Addition;
however, it is registered on the tax roll as the property of an individual and
is not exempted from property taxes as a place of worship. In accordance with
the Assessment Paving Policy, it is being assessed at the full rate The
property is Zoned B (Two-Family Residential) and cannot be used for commercial
purposes. If, in Council's opinion, a reduction is desirable, the residential
rate could be used.
MG:t
20BHAYER
A~PRO~ED BY
CITY COUNCIL
~~ B 5 1991
~~~~~~
Cii•; Serrstcry of Yh~
City U.ri Paat Virorth;, Teprct®
SUBMITTED FOR THE
CITY MANAGER'S Mike Groomer 6140
DISPOSITION BY COUNCIL:
PROCESSED BY
OFFICE BY ^ APPROVED
ORIGINATING
Gary Santerre 7
HO4 ^ OTHER (DESCRIBE)
DEPARTMENT HEAD• CITY SECRETARY
p
FOR ADDITIONAL INFORMATION Gary Santerre 7004
CONTACT } / ?n/
U
ed Ordinance No
Ado
t
.
!~ DATE