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HomeMy WebLinkAboutOrdinance 13908--~~.a ~~ i'~~~Y ,.r' ORDINANCE NO ~j AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BASSWOOD BOULEVARD (WESTERN TERMINUS TO I-35W), 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 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 Crty 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. BASSWOOD BOULEVARD from its Western Terminus to I-35W and designated as Project No 115-023227,'to be improved by constructing a seven-inch thick reinforced concrete pavement with aseven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be four lane divided roadway within a 120 feet 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. 1 ~, .;~' WHEREAS, the proper nonce of the time, place, and "purpose of the hearing was given. WHEREAS, the hearing was held on the 24th day of August, 1999 at 10.00 o'clock A.M. In the Council Chamber of the Crty 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 opuuon 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 Crty 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 umt in which the assessments are levied, (iv) that considering the benefits received and the burdens imposed, the assessments establish substantial justice, equality, and umformity 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 m 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 July 27, 1999 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 2 IV Where more than one person, firm or corporation owns an interest m 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 (8%) 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 hen 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 anniversary 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 m accord v~nth the terms of one of the installment alternatives. If the owner elects to pay the assessment m 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 m the mechanic's and materialmen's lien contract and shall be uniform among all abutting property owners executing an installment contract. In adchtion, 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 m any court, or (iii) as provided m 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. 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 does not exceed 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 m the name of an estate maybe assessed m that name. No error or mistake m describing any property, or in giving the name of any owner shall mvahdate 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 4 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 Crty 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 wnhng 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 hen against the property described in certificate and against personal liability of the owners have been completed. The recitals shall be puma facie evidence of all matters recited in the certificates, and no further proof shall be required in any court. 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 maybe 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 m substantial compliance with this ordinance. X. The city has power to make and levy assessments and to correct mistakes, errors, mvahdrties or irregularities, either m the assessments or m 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 unprovements m 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 umt upon which the respective parcels of property abut, and the assessments for the improvements in any umt are not affected by the assessments or improvements in any other umt. ~ ~U In making assessments and in holding the benefit hearing, the amounts assessed for improvements m any one umt have not been connected with the improvements or assessments for improvements in any other umt. XIII. The assessments are levied under the provisions of Chapter 313 of the Texas Transportation Code, which stature 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 file this Ordinance m the appropriate Records of the Crty XV The ordinance shall take effect and be m full force after the date of its passage, and rt is so ordained. PASSED AND APPROVED this ~.~ day of `~l~Ol,t..~~S~ 19q~ APPROVED AS TO FORM AND LEGALITY: ~ ~ ~j'/!G City Attorney Date: Adopted:~~~ Effective: ~ ~~ _~~ 6 j :. BASSWOOD BOULEVARD (WESTERN TERMINUS TO I-35W) PROJECT NO 115-023227 `. EXHIBIT A JUNE 1999 ~, ~ , PAVING ASSESSMENT ROLL BASSWOOD BOULEVARD (WESTERN TERMINUS TO I-35W) Basswood Boulevard from its Western Terminus to I-35W, in Council District 4, is to be improved by constructing aseven-mch thick reinforced concrete pavement with aseven-inch high attached concrete curb on a six- inch thick lime stabilized subgrade, so that the finished roadway will be a four lane divided roadway within a 120 feet Right-of Way Basswood Boulevard is an arterial street and is not situated in a qualified CDBG target area. The Assessment Paving Policy provides that property owners will be assessed for first time construction or reconstruction of arterial streets (42 feet or wider) Assessments will be levied for pavement, curb, gutter, driveway approaches and sidewalks Basswood Boulevard is zoned residential. The policy provides that the total assessment against residential properties on local streets shall be no more than twenty percent (20%) of the amount that the property (including improvements) is currently appraised by the Tarrant Appraisal Distract. ., r~' L _ ~~ PROJECT NO. 115-023227, BASSWOOD BOULEVARD FROM ITS WESTERN TERMINUS TO I-35W, to be improved by constructing aseven-inch thick reinforced concrete pavement with aseven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be four lane divided roadway within a 120 feet Right-of--Way OWNER & LEGAL DESCRIPTION ZONING 0000-0408-93-83 A Dennison A. Royal 15 Eugenia Avenue Kiawah Island, South Carolina 29455 RATE AMOUNT ASSESSMENT 1725' Pavement 25 00/yd 124,583 00 (4,983 square yards) 1725' Curb 2.50/l.f. 4,312.50 128,895 50 ENHANCEMENT AMOUNT 213,500 00 128,895 50 THOMAS PECK SURVEY ABST 1210 TR 2 -2- i~i.~ BASSWOOD BOULEVARD (WESTERN TERMINUS TO I-35) PROJECT NO 115-023227 COST DISTRIBUTION Project Cost Street Improvements (estimated costs) .$2,062,664 00 Engineering Inspection/Admimstration (15% of cost) .$ 309,399 60 Total Project Costs .$2,372,063 60 Less Property Owner's Share (Assessment Amount) .$ 128,895 50 City's Share of Costs $2,243,168 10 The Policy provides that the total assessment against residential properties on local streets shall be no more than twenty percent (20%) of the amount that the property (including improvements) is currently appraised by the Tarrant Appraisal District. -3- • City -of Fort Worth, Texas ~1-~nyar And -C,aunc~l e~mmun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 8/24/99 BH-192 20BEN 1 of 2 SUBJECT BENEFIT .HEARING FOR THE ASSESSMENT PAVING OF BASSWOOD BOULEVARD FROM ITS WESTERN TERMINUS TO I-35W RECOMMENDATION It is recommended that the City Council adopt the attached ordinance which 1) Closes the benefit hearing, and 2) Levies the assessments as proposed, and 3) Acknowledges that, in each case, the abutting property is specially benefited in enhanced value equal to or greater than the amount assessed for the improvement of Basswood Boulevard from its existing western terminus to I-35W • DISCUSSION The 1998 Capital Improvements Program (CIP) included funding for this extension of Basswood Boulevard from its existing western terminus westward to the interchange with I-35W This extension will consist of a 4-lane divided roadway with concrete pavement, curb and gutter On July 27, 1999 (M&C G-12616), the City Council established August 24, 1999 as the date of this benefit hearing Notice was given in accordance with Chapter 313 of the Texas Transportation Code An independent property appraiser has provided a report that documents the $213,500 00 enhancement in value of abutting property resulting from construction of this extension to Basswood Boulevard Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is Property Owner's Share of Cost City's Share of Cost Total Cost $ 128,895 00 (6%) $1,933,769.00 (94%) $2,062,664.00 This assessment will be due upon the City Manager's acceptance of the project as complete This project is located in COUNCIL DISTRICT 4 • City of Fort Worth, Texas M'Ayar and Council CummunicAtian DATE 8/24/99 REFERENCE NUMBER BH-192 LOG NAME 20BEN PAGE 2 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BASSWOOD BOULEVARD FROM ITS WESTERN TERMINUS TO I-35W FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that there are no City funds associated with the approval of the above recommendations MGj Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ~pR®~~~ Mike Groomer 6140 Originating Department, Head: CITY CQ~l~C~L Hugo Malanga 7801 (from) ~~G 2~ X999 1 Additional Information Contact: ~ ~ ~ u,,~,.,~ I ~ ° y C a Hugo Malanga 7801 'E ex ~ th ` Faxt ~fc Clt y • •