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HomeMy WebLinkAboutOrdinance 10469a'7;~ ORDINANCE NO ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF CAREY ROAD (UNIT i L FROM WILBARGER STREET TO US HIGHWAY 287, 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 SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO 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 CAREY ROAD, UNIT I From Wilbarger Street to U S Highway 287, known and designated as Project No 29-036959-00, 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 stabilized subgrade so that the finished roadway will vary from forty-eight to sixty-feet wide on a variable Right-of-Way Drainage appurtenances and street lights will be installed where necessary -1- 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 19th day of December, 1989, at 10.00 A.M., in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such 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 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT 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, levie of property described in the attached Exhibit A real and true owners thereof (whether such owners of money itemized opposite the description of the amounts against them and the owners thereof, as f d and assessed against the parcels dated October 1989, and against the are correctly named or not), the sums respective parcels of property and the ar as such owners are known " -2- Where more than one person, firm or property above described, each said person, liable only for its, her or his pro rata of in proportion as its, his or her respective from the assessment lien upon payment of such V IV corporation owns an interest in any firm or corporation shall be personally the total assessment against such property interest in such property may be released proportionate sum 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 terms 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 liencontract 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 campetent 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 tocertain property owners where deemed appropriate Notwithstanding the City Council has herein reserved the right to issue credits, it shall not be required to issuecredits, 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 sufficient 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- 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 by 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 PASSED AND APPROVED this. %~~ day of 19 APPROVED AS TO FORM AND LEGALITY' 1 ~r~ City Attorney -6- 1~ CAREY ROAD, UNIT I EXHIBIT A NOVEMBER 1989 (WILBARGER STREET TO US HIGHWAY 287) PROJECT N0. 29-036959-00 i c ,, r ~. PROJDL'T N0. 029-036959-00, CAREY F~,1AD UNIT I, FROM ~•7ILBARGER STREET TU U S HWY 287, t,o be • irrg~roved by constructing a seven-inch thick reinforced concrete paverient with a seven-inch high attached concrete curb on a six-inch lime stabilized subgrade so that the finished roadway will vary forty-eight to sixty-feet wide on a variable Right-0f-t~7ay. Drainage appurtenances and street lights will be installed where necessary. 06~R & LDGA,L DESCRIPTION BINNING AT WII.BARGER STREET FAST SIDE: 000003845400 MRS IRIS M FARKAS 3501 t3EL,IAIRE D~2 NO #36 BLDG C FORT WORTH TX 76109 TRACT 12E2 ABST 395 Z~TIIJG FROt~TTAGE i ~-- RATE AMQIPTT ASSESSMEf7T J. Y7. DIAtJIEL SURVEY 204.00'PAVEMI2~'T 204.00'CURB 204.00'LIGHTS B 204.00'DRAINAGE 50.71 2.64 1.97 12.08 10344.84 538.56 401.88 2464.32 APPRAISAL VACANT LOT 000001761196 MERCHANTS FAST MCTOF LINES BOY 2050 AT~LLAS TX 75221 BLK 1 LOT 1-A 10812.00 13749.60 10812.00 t•'IERvHAPJTS ADDITION 1344.00' PAVENSF~1'T J 1312.00'CURB 1344.00'LIGHTS 1344.00' DRAINAGE 50.71 2.64 1.97 12.08 68154.24 3463.68 2647.68 16235.52 APPRAISAL ADJUSTED; *, VACAfTT LOT 90501.12 71232.00 71232.00 i ~ r w i CAREY I~,D, UNIT I: 1l~e following Community Facilities Agreement provide the Developer's Cost Contribution for street improvements to adjacent property. Community Facilities Agreement N0. 15010 (JAGEE CI)RP.) VILLAGE CREEK INDUSTRIAL PARY. BLOCKS 1 & 2R C.F.A. Amount of Contribution..........$ 279,128.00 Less ti~ilbarger Street Contribution.......... $ 173,444.80 Carey Road Contribution.......... $ --~ 105,683.20 } v N /_'1 ~ ..r i CAREY ImAD, (TIT I: 006T DISTRIBUTION: A. PROPERTY 04dNER BY ASSESSMENT ..................$ 82,044.00 A-1 Street Improvements........$ 79,582.68 A-2 Street Lights ..............$ 2,461.32 B. DEVEIAPER CONTRIBUTIOt7 .........................5105,683.20 B-1 Street Improvement .........$102,594.24 B-2 Street Lights ...............$ 3,088.96 B-3 To be pre-paid ..............$105,683.20 C. FORT 6ti10RTH CITY .................................$119,216.32 C-1 Street Improvements.........$ 84,920.49 C-2 Street Lights ...............$ 6,391.87 C-3 Engr Insp / Adtr-in...........5 27,903.96 (10$ of $279,039.56) D. TOTAL ESTIMATED PROJDCT ODST ...................$306,943.52 -3- ~ g ~easrER Fllt~, ~'tt~ D~ IL ~Y Q. !'lY ®U G~~ lL ~Ci.~i~l,~.~ ACCOVNTIf10• Z ZRAgSPOM1A710N~-U8~,1./ V11~ 1y/ ®~ ~~~ ~® WL~II/~~ ~®~0 U lU ~LIV 0 (V (LIL~l.11/~~~1J~~ MATRR AOMIMI~If1RATIdN • ef~ QEVELUFMEf~! F.AW.1 ~~ PAGE 1 of __? __ HIGHWAY 287 (PROJECT N0. 29-036959) 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 Carey Road, Unit 1, from Wilbarger Street to US Highway 287. DISCUSSION The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Carey Road from East Berry Street to US Highway 287. This project is being constructed in two units the subject segment, identified as Unit I, from Wilbarger Street to US 287, and the remainder of the CIP project, from Wilbarger to East Berry (Project No. 67-040165}, designated as Unit II. This section of the street was included as an assessment paving project under Community Facilities Agreement No. 15010 with Jagee Corporation for Village Creek Industrial Park Addition, the owners of fifty percent of the adjacent property. On November 7, 1989 (M&C G-8310), the City Council established December 19, 1989, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. This project is located in the Stop Six Target Area and in Council District 5. It is proposed tRo improve this segment of Carey Road by constructing seven-inch thick. reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime-stablized subgrade so that the finished roadway will be from forty-eight to sixty feet wide on a variable width right-of-way. Drainage facilities and street lights will be installed where necessary. PROPOSED IMPROVEMENTS ASSESSMENTS ~~~ ,.. This street has not previously been constructed to City standards and is located in a CDBG Target Area, there are, however, no properties zoned and used for one- and two-family residences within the limits of the project, and no CDBG funds are being used to finance the construction. 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 the standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost of the DATE REFERENCE NUMBER SUBJECT BENEFIT HEARING FOR THE PAGE 12-19-89 G-8371 ASSESSMENT PAVING OF CAREY ROAD, 2 2 UNIT 1~FROP1 WILBARGER STREET TO US ~ ~'~""~'°``~~~ '"''• HIGHWAY 287 (PROJECT N0. 29-036959) x ~, , . -, ~ construction has been computed at $187,727.20 (61%)-for the property owners 'and developer, and $119,216.32 (39%) for the City of Fort Worth at large. The independent a ppraisal 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. WWW•d i~P~'tZ01fED BY CITY COUNCIL Fib4ENDED ~~c >ls t989 ~~~~ City Seazetosy of the City of FoY~. ~Vozth, TsxO~ SUBMITTED FOR THE OIFFICEABY GER'S Wi 11 i am Wood DISPOSITION~BY COUNCIL. PROCESSED BY APP VED ORIGINATING DEPARTMENT HEAD•Gary Sant erre OTH D SCRI E) ~ CITY SECRETARY FOR ADDITIONAL INF un !)TaION CONTACT L a y 8063 Adopt: d Ordinance ~~~o. DATE t~-i .. " r t. a, <.'t.a..~ w