HomeMy WebLinkAboutOrdinance 10384
ORDINANCE NO D.3~
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF FARON STREET FROM WEST VICKERY BOULEVARD
TO FLETCHER AVENUE, AND PORTIONS 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
Fort Worth, Texas, be improved by raising, grading, and filling same and by
constructing thereon to-wit•
FARON STREET From West Vickery Boulevard to Fletcher Avenue,
known and designated as Project No 67-040175-00,
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 variable from 28 to 30 feet wide
on a sixty foot Right-Of-Way Six-inch thick
reinforced 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
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 therefore A contract has been made and entered into
with H.B.ZACHRY CO,. for the making and construction of such improvements on the
above said portion of Streets, avenues and public places
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 September, 1989 at 7.00 P.M., in the Council Chamber in the City Hall in the
City of Fort Worth, Texas, and at such hearing the City Council heard any protests
and objections which were made by the abutting owners in connection with the
assessments to be levied
NOW THEREFORE'
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT
I.
The benefit hearing for the assessment for paving and other improvements
to Faron Street, is hereby closed and all protests and objections, if any, to
the assessments levied 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 herein below mentioned, and against the real and true owners thereof (whether
such owners be correctly named herein or not) the sums of money itemized below opposite
the description of the respective parcels of property and the several amounts assessed
against the same, and the owners thereof, as far as such owners are known, being as
follows
-2~.
IV
Where more than one person, firm or corporation owns an interest in any
praperty 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-nine (49) 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 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
the respective amounts hereinabove stated, the
itself the right to reduce the aforementioned
certain property owners where deemed appropriate
has herein reserved the right to issue credits,
credits, and will not do so, if same would
discrimination.
been fixed, levied, and assessed in
City Council does hereby reserve unto
assessments by allowing credits to
Notwithstanding the City Council
it shall not be required to issue
result in inequity and/or unjust
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
- ....- ~ ~ l e.
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 alI 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
facsmile 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
necessry 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 premised exempt from the lien of such
asessments shall nat 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
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
-5-
XII.~
,~
The assessments so levied are for ~:he 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 improvemE~nts 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 i06 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 Fart 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 Z 19
'~~
APPROVED AS TO FORM AND LEGALITY:
City Attorney
-6-
~,-;
,~
i 1990 P~7DCT IAA. 67-040175-00
FIlQAL RlJLL
FARGiJ SI1~T I ~ ~~
E~IIBIT A (In~ST VIC3~ TO FT~'PQ~R) `^' "
PRGJECT Nd. ~67-04~0~175-00, FAROt~] STREET, FRONT W. VICKERY BOULEVARD TU FLETC'HER I}}RIVE, >to be
'improved by constructing a six-inch thick reinforced concrete pavement with a seven-inch high
concrete curb on a six-inch thick lime stabilized. subgrade so that the finished roadway will be
variable from 28 to 30 feet wide on a sixty foot Right-Of ~•~ay. Six-inch thick reinforced
concrete driveway approaches will be constructed where shown on the plans.
OWNER & LEGAL DESCRIPTION ZONING
BDGINNING AT W VICKERY BLVD
EASTSIDE
000001179886
C.W. VELVINGTON
200 ZANZIBAR
GRANBURY TX
BIK 32 IlJT 3
76104
FRONTAGE RATE
~_____
HARLEM HILLS ADDITION
--- a~_____~
116.00'ADJUSTID
F 104.00'PAVEMENT 27.95
AMOUNT ASSESSMENT
2906.80
2906.80
ADJUSTED:*, BUSINESS
000001179535
BRUCE S. BARKER
2529 E LANCASTER B
FT WORTH TX 76103
BLK 27 LOT 20
HARLEM HILLS ADDITION
125.00'PAVENI1~lT 26.11
125.00'CURB 2.60
3263.75
325.00
3588.75
VACANT LOT
CHANZBERLAIN A}tL HTS #2 F
000001178393
ZACK H PO'i'JEL~L
5120 KILPATRICK B 121.00'PAVEMF~TT 26.11
FT WOR'I43 TX 76107 121.00' CURB 2.60
BLK 18 LOT 20
3159.31
314.60
3473.91
VACANT LOT
2906.80
3588.75
3473.91
-~1-
1tX~1NER & IEGAL DESCRIPTION ZCNING FRONTAGE RATE AMOUNT ASSESSMENT
HARLEM HILLS AL~ITION
-
_
000000496502
SOUTHLAND BUILDERS
2529 E LANCASTER B 124.00'PAVEr,~TT 26.11 3237.64
FORT WQRTH TX 76103 124.00'CURB 2.60 322.40
BIK 10 LIJT 10 93.95'SF DR APPR 2.68 251.79
3811.83
3811.83
VACANT IAT
CHAMBERLAIN ARL E?TS #2 F
000000511102
MORRIS ROBERTS
5632 HELihICK B 125.00'PAVEMEPTT 26.11 3263.75
FT WOF~lH TX 76107 125.00`CURB 2.60 325.00
BIK 101 IAT 21
3588.75
VACANT LOT
CHAMBERLAIN A12L HTS $2 F
000000504807
RALPH C ALDRIDGE
4505 EDGEt~00D TERRACE I 124.00'PAVE[~~rT 27.95 3465.80
FT WORTH TX 76179
BIK 65 ItJT 20
3465.80
ADJUSTED:BtLSINESS, ~
CIIAP4BERLAIN AkL HTS #2 F
000000503754
LARRY SWIl~iNEY
RS 1 BOX 1830 I 125.00'PAVEI~NT 27.95 3493.75
BURLESON TX 76028
BIR 60 ZL~-T 21
3493.75
ADJUSTED:#
3588.75
3465.80
3493.75
-2-
OWI~R & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOiINT
~~ERLAIN A12L HT5 #2 F
000000503851
LAKE OOMO
CHURCH OF CHRIST
5601 FLE'ICfiER C 127.00'PAVE[~It~TT 27.95 3549.65
FT WORTH TX 76107
BLK 61 LOT 1
3549.65
AI17iJSTED: CH[JRCH , #
S•IF.STSIDE
000000504025
LAKE C~7MO
CHURCH OF CHRIST
5601 FLETCHER
FT WORTH TX 76107
BIX 61 LOT 40
CHAMBERLAIN AFtL HTS #2 F
C 125.00' PAVEi~'~NT 27.95 3493.75
3493.75
ALUUS'I'ED:CHURCH PARKING LOT, #
000000101656
NELLIA B HEPIRY
5833 BLACKMORE
FT ~lORTH TX ?6107
BIR 64 LOT 1
CHANBERLAItl ARL HTS #2 F
E 123.00'PAVEME~TT 26.11 3211.53
123.00'CURB 2.60 319.80
3531.33
ASSESSMENT
3549.65
3493.75
3531.33
VACANT LOT
-------
J00000507733
IaAN M
JEFFRIE D EVANS
CfiAP'~ERLAIPl AR]i~ HTS #2 F
1513 ANTY~NTE DR E 127.00' PAVII~r1T
FT WORTEi TX 76134 127.00'CURB
BLK 82 II7T 40 137.70' SF DR APPR
26.11 3315.97
2.60 330.20
2.68 369.04
4015.21
4015.21
AU7[JSTED: *,**. BUSINESS
-3-
OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT
CHA"~ERIAIN ARL HTS #2 F
000000510157
HENRIETTA HAYES
5601 LIBBEY AVE E 124.00'PAVII~~VT 26.11 3237.64
FT 4JOR?'fi TX 76107 124.00'CURB 2.60 322.40
BLK 97 IIJT 1
3560.04
000000510351
RUFUS RANDLE
5600 BLACKMORE
FT WORTH TX 76107
BIK 97 IIJT 40
CHAMBERLAIN ARL HTS #2 F
B 125.00'PAVEMENT 26.11 3263.75
125.00'CURB 2.60 325.00
3533.75
VACANT rJJT
000000510971
YWNNE GRAY
5332 WELLESLEY AVE
FT WORTH TX 76107
BLK 100 LOT 40
CHAMBERLAIN ARL HTS #2 F
B 126.00'PAVEME~~T 26.11 3289.86
126.00'CURB 2.60 327.60
3517.46
VACANT LOT
ASSESSMENT
3560.04
3588.75
3617.46
-4-
FARON STREET, WEST VfiCRERY BOULEVARD TO FLE'PCHER AVENUE
The Assessment Paving Policy as revised July 28, 1987 (M&C G-7160),
provides that property zoned 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 follo~ang improved property zoned
and used as one and two family residences will not be assessed.
HARLEM HILLS ADDITION:
Block 18, lot 10
Block 19, lot 11, 19
Block 22, lots 1, 11
Block 23, lots 10, 20
Block 27, lot 10
Block 28, lots 1, 11
Block 31, lot 1
CHAMBERLAIN ARLINGTON HEIGHTS ADDITION:
Block 5, lot 5
Block 6, lot 1
Block 9, lots 1, 11
Block 10, lot 20
Block 60, lot 20
Block 64, lot 40
Block 65, lots 20, 21
Block 78, lots 20, 21
Block 79, lots 1, 40
Block 82, lot 1
Block 83, lots 20, 21
Block 96, lots 20, 21
Block 100, lot 1
Block 101, lot 20
Block 114, lots 20, 21
Block 115, lots 1, 40
Block 118, lots 1, 40
Block 119, lots 20, 21
Block 127, lot 1
Block 128, lot 20
LEGEND'
* Adjusted for project limits
** Part of lot has residence fronting Libbey, Business fronts Faron
# Existing curb and gutter to remain
-5-
FARON STREET, FROM W. VICKERY BOULEVARD TO FLETCHER DRIVE
006T DISTRIBUTION:
A. Property Owners by assessment $ 49,685.78
B. Fort Worth City $303,411.38
(B1) street improvements $286,597.23
(B2) Engr. Insp./Admin. $ 16,814.15
(5$ of bid $336,283.01)
C. Total estimated project cost $353,097.16
-6-
4 ;
~MASTER~FILE 1 ~ rip ,~y.
ACCOUNTINO.2 ~~~~ ®~ ~®u ~ ~®u ~~~ ~~~~~
QRANSPORTATtON~PUBLIC WORi~S•`~~ ®~ ~~~ ,~"O®~~`~~J~ ~®~~~~~~~~~® _
WATER ADMINISTRATION 4 /~~ffJJjl// ~ (~{V (//L ~O)-'!)-L
CJgpls~f
DATE REFERENCE sue~ECr BENEFIT HEARING FOR THE PAGE
NUMBER
09/05/89 G-8206 ASSESSP'1ENT PAVING OF FARON 1 of 1
C TDCCT CD nP~ 1.1 VT!`VCnV Dnlll C1/Rnn
TO FLETCHER AVENUE
RECOP1MENDATION
It is recommended that the City Council adopt an ordinance closing the
benefit hearing and levying assessments as proposed, finding that in each
case the abutting property is specially benefited in enhanced value in an
amount equal to or greater than the amount assessed for the improvement of
Faron Street from W. Vickery Boulevard to Fletcher Avenue.
DISCUSSION
The 1986-88 Capital Improvement Program approved in ~1arch, 1986, included
funds for the improvement of Faron Street from West Vickery Boulevard to
Fletcher Avenue.
The project is located in the Como target area and, therefore qualifies for
Community Development Block Grant Funds. CDBG funds will provide 30% of the
construction cost.
On August 8, 1989 (P1&C C-11791), the City Council awarded the construction
contract and established September 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. 7.
PROPOSED I~1PROVEP1ENTS
It is proposed to improve Faron
reinforced concrete pavement with a
a six-inch thick lime stabilized
be variable from 28 to 30 feet wide
thick reinforced concrete driveway
on the plans.
Street by constructing a six-inch thick
seven-inch high attached concrete curb on
subgrade so that the finished roadway will
on a sixty foot right-of-vday. Six-inch
approaches will be constructed where shown
ASSESSP1ENTS
An independent appraiser has advised the staff as to the amount of
enhancement to property values that -vill result from the proposed
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.
Based on standard City policy, the low bid prices, and the advice of the
independent appraiser, the cost to the property owners for their share of the
construction has been computed at $49,685.78 (14%) and the cost to the City
of Fort Worth, at $303,411.38 (86°1°}. APPROVED BY
DAI d CITY COUNCfL
SUBMITTED FOR THE DISPOSITION BY COUNCIL. PROCESSED BY
CITY MANAGER'S
OFFICE BY D a v i d N o ry ^ APPROVED P 5 1989
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD• ~ _ ,_„ c .. ,.. ~,..,.,~.. ~ J CITiY SECRETARY
FOR ADDITIONAL INFORMATION
coNrACr E d D role t 7 8 0 5
city
Ci:v of Fort Worth. Texa•