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."
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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.
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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.
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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.
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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
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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
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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
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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
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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)
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M'ATiR xDMINISTRAT10t~ • ~ (\{1_/ (~/ 17L~
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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