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HomeMy WebLinkAboutOrdinance 10455~. .~ ~: ORDINANCE NO.~~~ ORDINANCE CIASING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF WEST BOLT STREET, FROM SIXTH 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 ABUTTIPIG PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UN'lb THE CITY COUNCIL THE RIGHT 'IC) 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 CAPTION 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. WHEREAS, the City of Fort Worth, Texas, has heretofore 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: WEST BOLT STREET From Sixth Avenue to Hemphill Street, known and designated as Project No. 67-040181-00, 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 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. ,. ~ ~ ~. The above together with combined concrete curbs and gutter on proper grade and line where same are not already so constructed, together with storm drains and other necessary incidentals and appurtenances; all of said improvements are to be so constructed as and where shown on the plans and in strict accordance with the Plans and Specifications; WHEREAS, estimates of the cost of the improvements of each such portion of streets, avenues and public places were prepared and filed and approved and adopted by the City Council of the City, and a time and place was fixed for a hearing and the proper notice of the time, place and purpose of said hearing was given and said hearing was had and held at the time and place fixed therefore, to-wit, on the 5th day of December, 1989, at 7:00 P.M., in the Council Chamber in the City Hall in the City of Fort Wort { Texas, and at suc hearing all desiring to be heard were given full and fair opportunity to be heard, and the City Council of the City having fully considered all proper matter, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered: NC~T THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT I. Said hearing be, and the same is hereby, closed and the said protest and objections, and any and all other protests and objections, whether herein enumerated or not, be and the same are hereby, overruled. II. The City Council, from the evidence, finds that the assessments herein should be made and levied against the respective parcels of property abutting upon the said portions of streets, avenues and public places and against the owners of such property, and that such assessments and charges are right and proper and are substantially in proportion to the benefits to the respective parcels of property by means of the improvements in the unit for which such assessments are levied, and establish substantial justice and equality and uniformity between the respective owners of the respective properties, and between all parties concerned, considering the benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specially benefitted in enhanced value to the said property by means of the said improvements in the unit upon which the particular property abuts and for which assessment is levied and charge made, in a sum in excess of the said assessment and charge made against the same by this ordinance, and further finds that the apportionment of the cost of the improvements is in accordance with the law in force in this City, and the proceedings of the City heretofore had with reference to said improvements, and is in all respects valid and regular. III. "There shall be, and is hereby, levied and assessed against the parcels of property described in the attached Exhibit A dated October, 1989, and against the real and true owners thereof (whether such owners are correctly named or not), the sums of money itemized opposite the description of the respective parcels of property and the amounts against them and the owners thereof, as far as such owners are known." -2- 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 teens 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 lien contract 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. -3- VI. 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 to certain property owners where deemed appropriate. Notwithstanding the City Council has herein reserved the right to issue credits, it shall not be required to issue credits, 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 suff icient 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. -4- 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. -5- :1 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 for the improvements in the particular unit upon which the property described abuts and the assessments for the improvements in any unit are in nowise affected b~ the improvements or assessments in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the assessments therefore in any 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. ~~ 19 ~~ rASSED AIVD A2?ROVID this day ~f APPROVID AS TO FORM AND LEGALITY: City Attorney -6- I °=~~ 8 r - E - p ~ t. .. • I , l I ~• + / ' ~' .l/r~ ~f .i l: ~c1 ' ~ is Is ~ ~~ ! rilfj•{:+ ~ /. ~, ' ~~ / •~I ~.. J 1 f ~' O 1 00 ~ I ~! ~ '100 \ l l ~ l ~~ ~• ~ l i 6 0 /~ ~' •i I f /- ~~ j.. ~ • ~ 1 ::~vi .a ~ j• ~. ~f i .~c~ +. •~ ~i.'I~ of / ,•~ _ ~ ~ ~ l ' ` 34R - - n ..~iPT pZ • 1 0 110 O O pp c 00 '~ ~ j ~ I i ~ i l ~ ~S -- 1 1 i ~ i i ' , j - _ V -~ ~ ' _- r ;0 9 F /~,r~i F ~ i.. 'n~'11•~ ''~9't'I ~t `. ~l~yj, , ~s. ~.~f~ • - W ~/ S p o o~1C S 0 f~ A 91~ 0 I~ q~3 r~ E lF h J ~0 ~~ E F IA~LA1~ IA I I I .- i ~/ ~ Nla~llc,F~ :m '~xJinw LNN(}~- 16ah~Sq = ~ '~' ~/// '~ f , ////// / I .,~ ~ - - O < GIs •!` '~' ~' t~ ~ !1 ~ i ~; I-R v ~ `. , O ~ , -~~ a / ~ J 1 ~ I '100 W. BOLT SI'HEEr 6TH TO HII~HILL) PRCa]~Cr NO. 67-040181-00 -`~EXfiIBIT ~~A„ OC'1)OBER 1989 PROJECT N0. 67-040181-00, WEST BOLT STREET, FROM 6TH"AV13VtJE TU HEMPHILL STREET, is to be recon- structed with six-inch thick reinforced concrete pavement with seven-inch high attached con- crete 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 ~ the plans. C74JI~R & LEGAL, DESCRIPTION ZOPdING FRONTAGE RATE AMOUNT ASSESSMENT HEt'1PHILL STREET SOUTH FbRT WORTH ADDITION - NORTH SIDE 000002808692 SOUTHLAND OORP #125 2828 N HASKELL F 150.00'PAVII~TT 32.36 4854.00 DALLAS TX 75204 150.00'CURB 2.88 432.00 BLK 48 LOT 8 615.10'SF DR APPR 2.78 1709.98 699 5.98 7/11 BUSINESS SOUTH FORT WORTH ADDITION 000002808676 SILVERIA R CHAVEZ 3144 LIVINGSTON B 50.00'PAVEr'IEI1T 32.36 1618.00 FT WORTH TX 76110 50.00'CURB 2.88 144.00 BLK 48 LOT 3 1762.00 VACANT LOT SOUTH FORT WORTH ADDDITION 000002808447 N S G ROUSE 910 W BOLT B 50.00'PAVENIEtJT 32.36 1618.00 FT WORTH TX 76110 50.00'CURB 2.88 144.00 BLK 46 LOT 3 6995.98 1762.00 1762.00 VA~'AtVT IAT 1762.00 -1- OWNER & T,F.C-3AT• DESCRIPTION ZONING FRC~NTAGB RATE AMOUNT SOUTH FORT WORTH ADDITION ~NORTEi SIDE 000002808382 JON SHEFFIELD D'AZZO 2627 SEDGEtdAY B 55.00'PAVII"iIIJT 32.36 1779.80 CARROLLTON TX 75006 55.00'CURB 2.88 158.40 BLK 45 LOT SB 1938.20 VACANT LOT 000002698463 DORIS HOGAN 909 WOODLAPdD E FT WORTH TX 76110 LOT G SELr-~? sous 50.00'PAVEr'IENT 32.36 1618.00 50.00'CURB 2.88 144.00 202.45'SF DR APPR 2.78 562.81 2324.81 GROCERY SIX?RE 000002698498 tiJ O PENICK 3509 CORD013E ST FT WORTH TX ?6133 IAT I RESIDENCE 000002698501 CATHERINE CLANT~ON 1212 BOLT ~~~ FT WORTH TX 76110 L(7I' J SELLER J R SUB E 50.00'PAVEMEI~TT 50.00'CURB 93.95'SF DR APPR SELLER J R SUB 32.36 1618.00 2.88 144.00 2.78 261.18 2023.18 E 50.00' PAVII~TIT 50.00'CURB 93.95'SF DR APPR 32.36 1618.00 2.88 144.00 2.78 261.18 2023.18 ASSESSMENT 1938.20 2324.81 2023.18 2023.18 RESIDENCE -2- C~~R ~ LEGAL DESCRIPTION fr ZONING FROfTTAGE ~ ~' RATE AMOUNT ASSESSl4ENT SELLER J R SUB <NORT4i SIDE 000002698528 YONG HUI SPOVALL 2010 GARDEN OAKS DR E 50.00'PAVEMENT 32.36 1618.00 ARLINGTON TX 76012 50.00'CURB 2.88 144.00 I~7r R 93.95'SF DR APPR 2.78 261.18 2023.18 2023.1$ RESIDENCE ----___w~~ ~ :~ELSrF1i~I_B._8IIB 000002698536 JAMES L MCCART 1220 W BOLT E 50.00'PAVEMENT 32.36 1618.00 FT WORTH TX 76110 50.00'CURB 2.88 144.00 IiOT L 93.95'SF DR APPR 2.78 261.18 2023.18 2023.18 RESIDENCE WALKER ADDITION SOUTH SIDE 000003278174 MILTON TROJACEK 4100 BALDWII~] E 125.00'PAVEMENT 32.36 4045.00 FT WORTH TX 76115 125.00'CURB 2.88 360.00 BLK 2 LOT 1 93.95'SF DR APPR 2.78 261.18 4666.18 4666.18 RESIDENCE WALKER ADDITI013 000003278689 JAMES F MILLER 4101 BALDWIN E 125.00'PAVF~'IEfTT 32.36 4045.00 FT WORTH TX 76115 125.00'CURB 2.88 360.00 BLK 3 IAT 24 93.95'SF DR APPR 2.78 261.18 4666.18 4666.18 RESIDENCE -3- GlW[~R ~ LEGAL DESCRIPTION ZONING F'RONTAGE~ ~ ~" RATE N _~~__~~_ ~--- ---- SOUTH SIDE ADDITION SO'JTf3 SIDE 000002891689 PETE S TENEYUQUE 739 ~~ BOLT B 40.00'PAVEP'SEt7T 32.36 FT WORTH TX 76110 40.00'CURB 2.88 BT~C 2 IIJT 14 1294.40 115.20 1409.60 ASSESSMENT 1409.60 VACANT LOT 000002891530 T~1lVNY ATAMANCZ ETUX WANDA L 1020 W DICK.SON FT 4JORTH TX 76110 BIK 2 IAT 1 SDUTIi_~TDE~ITTQDI F 125.00'PAVD~IE[~T 125.00'CURB 101.70'SF DR APPR 32.36 2.88 2.78 4045.00 360.00 282.73 4687.73 4687.73 RESIDENCE -4- c r ~ ~ `, d `L WEST BOLT STREET: The Assessment Paving Policy as revised July 28, 1987 (M&C G-7160), provides that property zoned and used as one and 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. SOiJTH FORT WORTH ADDITION BLOCK 48, LOT 1 & 2 BLOCK 47, I1JT 1,2,3,4-B,5,6 BLOCK 46, LOT 1B,2,4,5,6 BLOCK 45, LOT 1B,2B,3B,4 BLOCK 68 LOT C,D,G,N,M,L BLOCK 70, IOT 6B,E,F,G,H,M,N BLOCK G, LOT N E. P. PARIS SURVEY A-1222 TRACT 1 A J . R. SELJ~EH SUB LpT H WALdCER ADDDITION BLOCK 1, LC77T 1 BLOCK 2 , LC7T 24 B1ACK 3 , IaI' 1 BLOCK 4 , IIJT 1 & 24 BLOCK 5, LOT 1-R & 24 BOARD OF TRADE ADDITDION BLACK 1 LC7I'S 1 THRU 9 SOUTH SIDE ADDITION BIOCK 2 LDTS 8 THRU 13 & 15 -5- - •; • .. _ ;, z' t qY t WEST BOLT STREET: 006T DISTRIBUTION: A. PROPERTY OWI~R BY ASSESSMENT .........................$38,305.40 B. FORT WORTH CITY ...................... ..........$343,237.85 C. TOTAL ESTIMATED PROJECT OOST .........................$381,543.25 Construction ...................$308,552.10 Eng Insp / Ac~nin................$ 34,68.5.75 (10$ of estimate $346,857.50) e -6- MASTER fllE•1 _ 1-CCOUNTINO.2 r <R~SNSPORTATION~-U6LIC .W TK ~ ®~ ~~~ ~D~~~~~~ ,rp®~~~~~~~ n ~® U I~/ M'ATiR xDMINISTRAT10t~ • ~ (\{1_/ (~/ 17L~ ~Y1 a1 G~G~ .. ~ DATE REFERENCE SUBJECT BENEFIT HEARING FOR THE ASSESS PAGE NUMBER MENT PAVING OF W. BOLT STREET FROM 6TH 1 12-5-89 G-8346 AVENUE TO HEMPHILL STREET '°` RECOMMENDATION. It is recommended that the City Council adopt an ordinance closing the benefit hearing, levying assessments as proposed, and finding that the abutting property is specially benefited in enhanced value in an amount equal to or greater than the amount assessed for the improvement of W. Bolt Street from 6th Avenue to Hemphill Street. DISCUSSION The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of W. Bolt Street from 6th Avenue to Hemphill Street . The p ro j ect i s l ocated i n the Worth Heights Target Area. CDBG funds will provide 15go of the construction cost. On October 31, 1989 (M&C G-8302), the City Council established December 5, 1989, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, V.A.C.S. This project is located in Council District No. 9. PROPOSED IMPROVEMENTS West Bolt Street from 6th Avenue to Hemphill Street is proposed to be reconstructed with six-inch thick reinforced concrete pavement and seven-inch high concrete curbs 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. ASSESSMENTS Based on standard City policy, the City Engineer's cost estimate, and the advice of the independent appraiser, the cost sharing for the construction has been computed at $38,305.40 (10%) for adjacent property owners .and $343,237.85 (90~) for Fort Worth City. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the improvements. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. APPROVED BY GI1`1( COUNCIL DAI•j SUBMITTED FOR THE OIF ICE BY GER'S W1 l l ~ am Wood DISPOSI71~0,/N BY COUNCIL. 1lC ROVED DEC ~ PROCESSED BY 1999 ORIGINATING THER (DESCR BE) DEPARTMENT HEAD: Gar Santerre ,,,y~ ZC CtTY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Lunda 8063 Ado t$a Ordinary a N0. City Searetarq o s o Oily of For: Wor:h, fiuxos