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HomeMy WebLinkAboutOrdinance 10202ORDINANCE NO. ~~~!l_/ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF LINCOLN AVENUE, FROM N. W. 30TH STREET TO W. IANG AVEN[JE, 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 UNI'0 THE CITY COUNCIL THE RIGHT TO ALTAW CREDITS REDUCING THE AMOTJNT OF THE RESPECTIVE ASSESSMENT TO THE EXTEI~Tr 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 W~2TH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. WE1E'.REAS, 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: LINCOLN AVENUE From N. W. 30th Street to W. and designated as Project No. be improved by constructing reinforced concrete pavement high attached concrete curb o: lime stabilized subgrade so t be a variable width, from th feet wide on a sixty Six-inch thick reinforced approaches and four-inch concrete sidewalk will be shown on the plans . Long Avenue, known 067-040154-00, to a six-inch thick with a seven-inch i a six-inch thick gat the street will .rty feet to forty 'oot right-of-way. concrete driveway thick reinforced constructed where 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 WALT WILLIAMS CONSTRUCTION, INC., for the making and construction of such improvements on the above said portion of streets, avenues and public places. Tn1f~REAS, estimates of the cost of the improvements of each such portion of streets avenues and ublic laces were prepared and filed and approved and adopted by the City Council ofpthe Ci~y, 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 8th day of November, 1988 at 10:00 A.M., in the Council Chamber in the City Hall in the City of Fort Worth, Texas, an a 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 Lincoln Avenue 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 saw 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 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 suc or 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 h 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 precedents to such election, must execute a promissory note and mechanic's and materia]man'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 assesscr~nt 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 assessx~nts 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 o:c 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 saz~, 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 f_or 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. 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 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 APPROVID this ~ day of C 19 -~ _c~~tL• APPROVED AS TO FORM AND LEGALITY: ~2`GG~G~vI Assf City Atto ey ,or28~~~ PROJECT NO. 067-040154-00 LIN(:OLN AVENUE, FROtrI N.W;. 30TH STREET ZO W. IAI~ AVkIVC1E, td 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 street will be a variable width, from 30 feet to 40 feet wide on a 60 foot Right--0f--Way. Six-inch thick re- inforced concrete driveway approaches and four-inch thick reinforced concrete sidewalk will be 'constructed where shown on the plans. OWI~R & LDGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT BDGINNING AT 30TH STREET M G ELLIS ADDITION FAST SIDE 000000837822 BERKOWITZ PROPERTIES 3100 SO UNIVERSITY #429 B 350.00'PAVEt~[~Tr 30.59 10706.50 FORT Wei TX 76109 350.00'CURB 3.14 1099.00 BIR 75 LOTS 17 THRU 21 BIIC 75 LOTS 23 & 24 11805.50 APPRAISAL 4252.00 ADJIJSTID: VACANT LO'i5 000000837792 GENE A LUSK 3020 LINCOLN B FORT WORTH TX 76106 BLK 75 LOT 13 4252.00 M G ELLIS ADDITION 50.00'PAVE[~[~Tr 30.59 1529.50 50.00'CURB 3.14 157.00 1686.50 APPRAISAL 630.00 630.00 ADJUSTED: VACANT LOT 31 ST STREET INTERSECTS 000000841773 CITY OF FORT WOR'T'H 1000 THROCKMORTON B FORT WURTEi TX 76102 BLK 96 LOT 23 M G ELLIS ADDITION 50.00' 0.00 ICU ASSESSMENT AQ7USTED: VACANT LOT -1- 01~F2 & LEGP,L DESCRIPTION ZOIJING FRONTAGE ! -__~~ M G ELLIS ADDITION EAST SIDE ~~~~_ 000000841757 CROSBY W. O'NEAL 3108 LINCOLN AVE B 50.00'PAVII~I FORT WORTH TX 76106 50.00'CURB BIIC 96 LOT 21 30.59 1529.50 3.14 157.00 1686.50 APPRAISAL 630.00 AD-7[JSTED a VA~ANI' LOT 000000841749 BARRY CLEMELQS iJ S FINANCE QO,INC P 0 BOX ?81 ELJLESS TX 76039 BLK 96 LOT 20 RATE AMOUIJP M G ELLIS ADDITION B 50.00'PAVII4~TP 50.00'CURB 30.59 1529.50 3.14 157.00 1686.50 APPRAISAL 630.00 ASSESS'~TTr 630.00 630.00 VACANT LOT 000000845450 FORT WORTH I.S.D. ADMINISTRATION BLDG. 3210 W LANCASTER AVE. FORT WORTH TX 76107 BIK 133 LOTS 1 THRU 12 BLR 97 LOT 13 THRU 24 BIR 96 LOT'S 14 THRU 18 BLK 152 lost 13 M G ELLIS ADDITION B 1500.00'PAVII+~[~TP 1500.00'CURB 580.00'SF SDWIC 336.10 SF DR APPR 40.68 51020.00 3.14 4710.00 1.62 939.60 2.72 914.19 67583.79 APPRAISAL 9540.00 9540.00 AQ7USTED: WEST SIDE 000000845396 ROSE SPEARS $ MRS FRANKIE•SMITH 3204 PROSPECT ST FART WORTH TX 76106 BIK 152 LOT 8 ,AA7iJSTED: V L7r M G ELLIS ADDITION B 50.00'PAVEME[~Tr 30.59 1529.50 50.00'CCA2B 3.14 157.00 1686.50 -2_ APPRAISAL 630.00 630.00 OWI~R & LFJGAL DESCRIPTION 7ANII~ FRONTAGE RATE AMOUNT M G ELLIS ADDITION WEST SIDE 000000845361 CHARLES C F'REENY, JR P.o. BOX #9263 B 50.00'PAVE[~[~Tr 30.59 1529.50 FORT WOR'T'H, TX 76107 50.00'CURB 3.14 157.00 BIK 152 LOT 6 1686.50 APPRAISAL 630.00 VACANT LOT 000000845353 LEVIRDA STINER WILL 1325 W 30TH STREET LOS ANGELFG CA 90007 BIR 152 LOT 5 M G ELLIS ADDITION a 50.00'PAVII~nTr 30.59 1529.50 50.00'CURB 3.14 157.00 1686.50 APPRAISAL 630.00 VACANT LOT 000000845345 RAINBOW IADGE #445 2902 ANGLE AVE FORT in1OKt~l TX 76106 BIR 152 LOTS 2 THRU 4 M G ELLIS ADDITION C 150.00'PAV~T 30.59 4588.50 150.00'CURB 3.14 471.00 5059.50 APPRAISAL 1890.00 000000845337 TARRANT SERVICES INC 710 SO MAIN FORT WORTEi TX 76104 BIK 152 LOT 1 M G ELLIS ADDDITION B 50.00'PAVII~TT 30.59 1529.50 50.00'CURB 3.14 157.00 APPRAISAL 630.00 ADJUSTED: VACANT LOT ASSESSMEI~Tr 630.00 630.00 1890.00 630.00 - 3- OWI~R & LEGAL DESCRIPTIOr ZONING FRONTAGE 31 ST STRF.LT INTERSECTS M G ELLIS ADDITION WEST SIDE 000000845728 ROBERT SIMPSON SR ETUX DiORIS 3021 LINCOLN AVE B 50.00'PAVII~NT FORT WORTH TX 76106 50.00'CURB BIK 153 LOT 12 ADJUSTID: VACANT LOT 000000845639 SYLVESTER WASHINGTON 3818 PROSPECT FORT WQRTH TX 76106 BIR 153 LOT 5 30.59 1529.50 3.14 157.00 1686.50 APPRAISAL 630.00 M G ELLIS ADDITION B 50.00'PAVE[~TT 30.59 1529.50 50.00'CURB 3.14 157.00 1686.50 APPRAISAL 630.00 ADJUSTED: VACANT LOT 000000845604 PDGGY L FLEMIlJG P 0 BOX 1031 OWASSO OK 74055 BIR 153 LOT 2 M G ELLIS ADDITION B 50.00'PAVE[~'NT 30.59 1529.50 50.00'CURB 3.14 157.00 1686.50 APPRAISAL 315.00 ADJUSTED: VACANT LOT RATE AMOUNT ASSESai~IJT 630.00 630.00 315.00 -4- LINCOLN AVELV[JE 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 construction. Under this policy, the owners of the following improved property zoned and used as one and two-family residences will not be assessed. M.G. ELLIS ADDITION EAST SIDE Block 75 Lots 14,15,16,22 Block 96 Lots 19,22,23,24,25,26 WEST SIDE Block 152 Lots 7,9,10,11,12 Block 153 Lots 1,3,4,6,7,8,9,10,11 NOTE! This project is in the Far North Special Emphasis Area in Council District 2. ~5-~ ~° LINOOLN AVENUE COST DISTRIBUTION: A. TOTAL OOST TO AQ7ACII~ PROPERTY OWNEFbS--_--_~_w ---$ 21, 667.00 B. TOTAL OOSP Ta THE CITY OF FORT WORTH ---------- $ 168,264.47 Cost to City of Fort Worth City----- $ 159,220.11 Admin Eng & Insp. ----_--- - $ 9,044.36 (5$ of Bid $180,887.11) C. TOTAL ESTINF,TID PROJDCT QOST----° -- -$ 189,931.47 LDGEND: * The school property extends to both sides of the street intersecting Long Avenue. -6- MAS DER FILE ly P ACCOUNTING 2 ~Zty Q~ J~ Q~°~ ~®~°th~ ~~~a~ SRANSPOR'>'ATIONIPUBLIC WOR 1 / .~ll~~~~° ~~~ c~®~c~.~~~ c~®~~,~c~~i~~c~a®~c AAA TER ADMINIS7RATi6N 4 LA t'J-1 DATE REFERENCE SUBJECT BENEFIT HEARING, ASSESSMENT PAGE "UMBER PAVING OF LINCOLN AVENUE FROM W. LONG 2 REAL PROPERTY- 11-8-88_ G-7809 TO N.W. 30TH STREET 1°r - RECOMMENDATION It is recommended that an Ordinance be adopted closing the benefit hearing for the assessment paving of Lincoln Avenue from West Long to N.W. 30th Street and levying the assessments as proposed. ORIGIN OF PROJECT The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Lincoln Avenue from W. Long- to N.W. 30th Street The street is located in the Far North CDBG Special Emphasis Area and has never been built to City standards. Under the provisions of the Assessment Paving Policy, as revised July 28, 1987 (M&C G-7160), no assessments are to be levied for one- and two-family residential property, and Community Development Block Grant funds will finance thirty percent of the project construction cost On October 11, 1988,(M&C C-11242), the City Council awarded the construction contract and established November 8, 1988, as the date of the benefit hearing This project is in Council District No. 2. PROJECT DESCRIPTION RIGHT-OF-WAY STREET LIMITS WIDTH/FEET WIDTH/FEET Lincoln Avenue W. Long to N W 30th Variab e from 60 30 to 40 PROPOSED IMPROVEMENTS It is proposed to improve Lincoln Avenue from West Long to N W. 30th Street by constructing six-inch reinforced concrete pavement with seven-inch high attach,e:d co.n:crete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will vary from thirty to forty feet on a sixty foot right~of-way Six-inch thick reinforced concrete driveway approaches and four-inch thick reinforced concrete sidewalks will be constructed where shown on the plans ASSESSMENTS Based on `standard City policy and the low bid prices, the cost to the property owners for their share of the construction has been computed at $21,667.00 (11%), and the cost to the City of Fort Worth, at $168,264.47 (8,9%) . DATE REFERENCE SUBJECT BENEFIT HEARING, ASSESSMENT . PAGE NUMBER PAVING OF LINCOLN AVENUE FROM W. LONG, 2 2 11-8-88 G-7809 TO N . W . T -- _ or _.___ The Director of Real Property Management has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements, and some individual assessments have been adjusted accordingly. It is the opinion of the Director of Real Property Management 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. DAI d/mmc#2 APPROVED BY CITY C~OI~NCiL NOV $ 13~$ City ~eazotosy of tho C1;rSr of Fo>ut V~osth, Tsxo.~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED 6Y OFFICE 8Y ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• r. Y. CITY SECRETARY FOR ADDITIONAL INFORMATION Adopted Ordinance Noa CONTACT DATE.