HomeMy WebLinkAboutOrdinance 10774 ORDINANCE NO. I�� 77
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PARR
OF THE COST OF IMPROVING A PORTION OF OLD HEMPHILL ROAD, UNIT _1A,
FROM STRATMN STREET TO 180 FEET NORTH, AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF b`ORr WORTH, TEXAS;
FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND
AGAINST THE OWNERS 'THEREOF; PROVIDING FOR THE COLLECTION OF
ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO
THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF
THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE
CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE
CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY
FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth, Texas, has declared the necessity for and
ordered that each of the following portions of streets, avenues and public places be
improved by raising, grading, filling and constructing thereon:
OLD HEMPHILL ROA) from Stratton Street to 180 feet North , known
and designated as Project No. 67-040211-00, to
be improved by constructing an eight-inch thick
reinforced concrete pavement with a seven-inch
high attached concrete curb over a three-inch
asphaltic concrete base on a six-inch thick
lime stabilized subgrade, so that the finished
roadway will be forty feet wide on an eighty
foot width Right-Of-way.
WHEREAS, concrete curbs and gutters on proper grade and line, storm drains,
and other appurtenances shall be constructed.
WHEREAS, all improvements will be constructed strictly according to approved
Plans and Specifications.
WHEREAS, estimates of the cost of the improvements to the streets, avenues, and
public places were prepared, filed, approved, and adopted by the City Council.
WHEREAS, the proper notice of the time, place, and purpose of the hearing was
given.
WHEREAS, the hearing was held on the 29th day of JANUARY 1991 at 10:00 o'clock
A.M. in the Council Chamber of the City of Fort Worth; and at the hearing the Council
permitted all interested parties a full and fair opportunity to be heard.
WHEREAS, the City Council, having fully considered all the matters presented
during the hearing, is of the opinion that the hearing should be closed and the
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:
I.
The benefit hearing is hereby closed.
II.
The City Council finds from the evidence (i) that the assessments should be
made and levied against the respective parcels of property abutting the streets,
avenues, and public places and against the owners of such property; (ii) that the
assessments and charges are correct; (iii) that the assessment and charges are
substantially in proportion to the benefits conferred to the respective parcels of
abutting property by the improvements in the unit in which the assessments are levied,
(iv) that considering the benefits received and the burdens imposed, the assessments
establish substantial justice, equality, and uniformity between the owners of the
respective parcels of abutting property; (v) that each parcel of abutting property
assessed is specially benefitted in the enhanced value of the improvements in a sum of
money in excess of the sum for which the assessment is levied and the charge made;
(vi) that the apportionment of the cost of the improvements is in accord with city
ordinances; and (vii) that the proceedings of the city for the improvements are valid.
III.
There shall be, and is hereby, levied and assessed against the parcels of
abutting property described in Exhibit "A" attached and dated December, 1990, and
against the owners thereof, whether named or incorrectly named, the sums of money
itemized opposite the description of the respective parcels of abutting property.
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IV.
Where more than one person, firm or corporation owns an interest in any
property described in Exhibit "A", each person, firm, or corporation shall be
personally liable only for his or its assessment in the proportion that his or its
interest bears to the total ownership interest of the property. An interest in
jointly owned property may be released from the assessment lien upon payment of the
proportionate amount owed.
V.
The amounts described in Exhibit "A" and assessed against the parcels of
abutting property and the owners thereof , together with interest at eight percent a
year, reasonable attorney's fees and costs of collection, are hereby declared (i) to
be and are made a lien upon the parcels of abutting property against which they are
assessed; (ii) to be and are made a personal liability and charge against the owners
of the parcels of abutting property, whether such owners are correctly named; (iii) to
be and constitute the first enforceable lien against the parcel of abutting property
on which the assessments are levied, superior to all other liens and claims, except
state, county, and school district taxes and city ad valorem taxes .
The assessments shall be payable on or before 30 days after the acceptance by
the City of Fort Worth of the project; provided, however, an abutting property owner
may elect to pay the assessment in five equal , consecutive annual installments. The
first installment shall be paid no later than thirty days after the acceptance by the
City of Fort Worth of the project . Each subsequent installment shall be paid annually
on each annivesary date of the acceptance of the project. In the alternative, an
abutting property owner may elect to pay the assessment in 49 equal , consecutive
monthly installments, the first installment to be paid no later than thirty days
after the acceptance by the City of Fort Worth of the project. Any owner electing to
pay the assessment in installments, must execute a promissory note and mechanic's and
materialman's lien contract evidencing the owner's intent to pay the assessment in
accord with the terms of one of the installment alternatives. If the owner elects to
pay the assessment in installments under either alternative, the assessment shall
bear interest from the date of acceptance of the project at the rate of eight percent
per year. 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 it immediately payable. Any 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 abutting property owners executing an
installment contract .
In addition, the City Attorney shall have the authority to authorize terms of
payment different than those specified herein when the Director of Transportation and
Public Works has previously determined that an extreme financial hardship exists.
VI .
Any default in the payment of any assessment shall be enforced either (i) by
the sale of the parcel of abutting property by the Assessor and Collector of Taxes of
the city in the same manner provided for the sale of property for the nonpayment of ad
valorem taxes, (ii ) at the option of the city or its assigns by suit in any court , or
(iii) as provided in the mechanic's and materialman's contract created by this
ordinance. The city shall exercise all powers to aid in the enforcement and
collection of the assessments.
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VII .'
The total amount assessed against the respective parcels of abutting property
and the owners thereof is in accord with the proceeding of the city relating to the
improvements and assessments thereof and is less than the proportion of the cost
allowed and permitted by the law.
VIII .
Although charges have been fixed, levied, and assessed as stated, the City
Council hereby reserves the right to reduce the assessments by allowing appropriate
credits to certain property owners. Even though the City Council reserves the right
to issue credits, it shall not be required to issue credits, and will not do so if the
credits are inequitable or discriminatory. The principal amount of each assessment
certificate issued by the city shall be determined by deducting any credit from the
amount of the assessment.
IX.
To evidence 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 their enforcement and collection, the city shall issue, upon completion and
acceptance of the project , assignable certificates in the amount of the respective
assessment less any credits allowed. The certificates shall be executed in the name
of the city by the Mayor, attested by the City Secretary, and impressed with corporate
seal of the city. -The certificate shall be payable to the City of Fort Worth or its
assigns, and shall declare the amounts, time and terms of payment, rate of interest ,
and the date of the completion and acceptance of the improvements abutting the parcel
of property for which the certificate is issued. Moreover, the certificate shall
contain the name of the owner or owners, if known, and the description of the property
by lot and block number, front feet, or as may otherwise identify the property.
Property owned in the name of an estate may be assessed in that name. No error or
mistake in describing any property, or in giving the name of any owner shall
invalidate or impair the certificate for the assessments levied.
The certificate shall provide that if it is not paid promptly upon maturity,
it shall be collectable, with reasonable attorney's fees and costs of collection. In
addition, the certificate shall provide that the amount evidenced in it shall be paid
to the Assessor and Collector of Taxes of the City of Fort Worth, who shall issue a
receipt as evidence of payment. The Assessor and Collector of Taxes shall deposit the
sums he receives with the City Treasurer to be kept and held in a separate fund.
After any payment on a certificate is made to the city, the Assessor and Collector of
Taxes, upon presentation of the certificate, shall endorse the certificate to show the
payment. If a certificate is assigned, the holder shall be entitled to receive from
the City Treasurer the amount paid by presentation of the certificate endorsed and
credited, and the endorsement and credit shall be the Treasurer's Warrant for making
the payment . The payments by the City Treasurer shall be receipted for the holder of
the certificate in writing and by surrender when the principal , together with accrued
interest and all costs of collection and reasonable attorney's fees, have been paid.
The certificate shall further recite that the proceedings for making the
improvement were held in compliance with the law, and that all prerequisites for
fixing the assessment lien against the property described in certificate and against
personal liability of the owners have been completed. The recitals shall be prima
facie evidence of all matters recited in the certificates, and no further proof shall
be required in any court.
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The certificates may have coupons attached to evidence any installment or may
have coupons for (i) each of the first four installments, leaving the main certificate
to serve as the fifth installment coupon, (ii) or each of the first 48
installments, leaving the main certificate to serve as the 49th installment coupon.
The coupons may be payable to the City of Fort Worth, or its assigns. The
certificates may be signed with the facsimile signatures of the Mayor and City
Secretary.
The certificates shall also recite that the city shall exercise all powers to
aid in the enforcement and collection of the certificate. Recitals need not be in any
exact form, but in substantial compliance with this ordinance.
X.
The city has power to make and levy assessments and to correct mistakes,
errors, invalidities or irregularities, either in the assessments or in the
certificates.
XI .
All assessments levied are a personal liability and charge against the owners
of the property described in Exhibit "A", even though the owners may not be named or
may be incorrectly named. Failure to make improvements in front of an abutting
property that is exempt from assessment will not invalidate the lien or liability for
assessments made against other abutting property.
XII .
The assessments levied are for the improvements in the particular unit upon
which the respective parcels of property abut , and the assessments for the
improvements in any unit are not affected by the assessments or improvements in any
other unit.
In making assessments and in holding the benefit hearing, the amounts assessed
for improvements in any one unit have not been connected with the improvements or
assessments for improvements in any orher unit .
XIII .
The assessments are levied under the provisions of TEX. REV. CIV. STAT.
ANN. art. 1105b (Vernon 1964) , which statute has been adopted as an amendment to and
made a part of the Charter of the City of Fort Worth.
XIV.
The City Secretary is directed to engross and enroll this ordinance by copying
the caption in the Minute Book of the City Council and by filing the complete
Ordinance in the appropriate Records of the City.
XV.
The ordinance shall take effect and be in full force after the date of its
passage, and it is so ordained.
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PASSED AND APPROVED this RTY day of -u"��� 19 /
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
Date:----------------------------
Adopted: -- -- � 9
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Effective:l-- -Y1----------
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a� HMPHL ROAD, vNrr La,
STRUMN ROAD TO 180 FEET NORTH
PROJECT NO. 67-040211-00
EXHIBIT A
DECEMBER 1990
PROTECT NO. 67-040211-00, OLD HEMPHILL ROAD, UNIT IA, FROM STRATTON ROAD TO 180 FEET NORTH, to
be improved by constructing an eight-inch thick reinforced concrete pavement with a seven-inch
high attached concrete curb over a three-inch asphaltic concrete base on a six-inch thick lime
stabilized subgrade so that the finished roadway way will be forty feet wide on an eiqhtv foot
Right-of-Way.
OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
BEGINNING AT ALTAMESA BLVD HIGHLAND TERRACE ADDITION
------------
EAST SIDE
000005919606
SOUM LOOP PROPERTY
6328 SO. FREEWAY E 180.001PAV91ENT 58.76 10576.80
FT WORTH TX 76134 180.001CURB 3.61 649.80
BLK GR LOT 2C 11226.60
LESS CREDIT 8452.44
2774.16
2774.16
PARKING AREA
HIGHLAND TERRACE ADDITION
IIEST SIDE
000006099769
CHAPEL
COMMUNITY CHRISTIAN
1600 CALIFORNIA PKWY N A 180.00'PAVEMENT 18.44 3319.20
FT WORTH TX 76115 180.00'CURB 1.87 336.60
BLX AR LOT 1R
3655.80
LESS CREDIT 2758.68
------------
897.12
897.12
VACANT LOT
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4 .
OLD HEMPHILL ROAD, UNIT IA
(STRATTON ROAD TO 180 FEET NORTH)
PROJECT NO. 67-040211-00
COST DISTRIBUTION
A. COST TO PROPERTY OWNERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,671.28
B. COST TO THE CITY OF FORT WORTH. . . . . . . . . . . . . . . . . . . . . . . . .$39,778.72
Street Improvements. . . . . . . . . . . . .$35,828.72
Engr. Insp./Admin. . . . . . . . . . . . . . .$ 3,950.00
(10% of Estimate $39,500.00)
C. TOTAL ESTIMATED PROJECT COST. . . . . . . . . . . . . . . . . . . . . . . . . . .$43,450.00
LEGEND:
* The roadway was widened and improved by the State Department of Highways and
Public Transportation in 1976 as part of the I-35 reconstruction project.
Existing HMAC pavement credit of 75%, and concrete curb credit of 80%, were
applied where appropriate.
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT:BENEFIT HEARING FOR THE ASSESSMEN PAGE
NUMBER PAVING OF OLD HEMPHILL ROAD, UNIT 1A, iat 2
1-29-91 BH-0041 FROM STRATTON STREET TO 180 FEET NORTH
(PROJECT NO. 67-040211)
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 Old Hemphill Road, Unit 1A, from
Stratton Street to 180 feet North.
DISCUSSION:
The 1986 Capital Improvement Program approved in March 1986, included funds
for the improvement of Old Hemphill Road from Altamesa Boulevard to Stratton
Street. Owners of 50% of the property abutting Old Hemphill Road at the
Stratton Street intersection have petitioned the City to extend the original
project limits to the north by one hundred and eighty feet. Stratton Street
has been formally vacated and replatted since the 1986 CIP, and this extension
will take the street improvements full length of a lot instead of stopping
mid-lot.
On January 3, 1991 (M&C G-8991), the City Council established January 29,
1991, as the date of the benefit hearing. Notices have been given in
accordance with Article 1105b, Vernon' s Annotated Civil Statutes.
The project is located in Council District 6.
PROPOSED IMPROVEMENTS:
It is proposed to improve this segment of Old Hemphill Road, Unit 1A, by
constructing a standard concrete pavement section with standard curb on an
asphalt base and stabilized subgrade. The finished roadway will be forty feet
wide on an eighty foot right-of-way.
PROPOSED ASSESSMENTS:
The Assessment Paving Policy as revised November 6, 1990 (M&C G-8894),
establishes three methods of determining assessments, and allows for the
residential rate to be applied to vacant lots as appropriate. Under this
policy, assessments cannot exceed
(a) the computed cost,
(b) enhancement to the property, or
(c) for residential properties, 20% of the
property value as determined by the
Tarrant Appraisal District.
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
DATE REFERENCE sueJECT:BENEFIT HEARING FOR THE ASSESSMEN PAGE
NUMBER
1-29-91 BH-0041 PAVING OF OLD HEMPHILL ROAD, UNIT 1A, 2 of 2
(PROJECT NO. 67-040211)
standard City policy, the City Engineer' s estimate, and the advice of the
independent appraiser, the cost of the construction has been computed at
$3,671.28 (8%) for the property owners and $39,778.72 (92%) for the City of
Fort Worth at large.
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.
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20BHHEMP
APPROVED By
CITY COUNCIL
JAIV 29 -1991
city So-mtm,of th.
City of Fort Worth,Tea=
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: Mike Groomer 6122 Q APPROVED
ORIGINATING
❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: Gary Santerre 7800 CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: Martha Lunday 8063 Adopted Ordinance No,✓477 DATE
2 3
1
FEB 7 1
NOTICE +
THE STATE OF TEXAS
COUNTY OF TARRANT
Notice is hereby given that the governing body of the City of Fort Worth,
Texas, has determined and ordered it necessary that the following
portion of Old Hemphill Road, Unit IA, in the City of Fort Worth, Tarrant
County, Texas, be improved and that a portion of the cost of the
improvement be specially assessed as a lien upon certain abutting property.
The portion of Old Hemphill Road, to be improved is described specifically as:
From, Stratton Road to 180 Feet North, known and designated
as Project No. 67-040211-00.
The properties to be assessed are described specifically as:
HIGHLAND TERRACE ADDITION
Block GR, Lot 2C
Block AR, Lot 1R
. �.
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IY*-," XESTIMONY WHEREOF, the City of Fort Worth has caused this inst ument
tq a executed in its behalf and signed by its Mayor, this day
of �� A.D. ; 19L.
C� CITY OF FO RTH
6
BY
J Mayor
'TEST,
City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the
State nd C unty aforesaid, on this day personally
appeared known to me to be the person whose name is
subscriCea to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of the City of Fort Worth, a municipal
corporation of Tarrant County, Texas, and as the Mayor thereof, and
for the purposes and consideration therein expressed.
GIVEN DER MY HAND AND SEAL OF OFFICE, this the day of
A.D. , 199'/ .
Notary Public in and for
the State of Texas
MAE SUDDUTH
; / y Notary Public State of Texas
My Commission Expires May 111, 1992
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