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HomeMy WebLinkAboutOrdinance 12723ORDINANCE NO ~~ AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF RUTHDALE DRIVE (CROWLEY ROAD TO SUNRISE DRIVE), 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 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. RUTHDALE DRIVE from Crowley Road to Sunrise Drive, known and designated as Project No.111-040394, to be improved 6y constructing a six-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 twenty-eight feet wide on a fifty foot width Right-of--Way. Six-inch thick reinforced concrete driveway approaches will be constructed where shown on the plans. 1 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 15th day of October, 1996 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 dunng 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 chazges are substantially m 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 pazcel 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. 2 III. There shall be, and is hereby, levied and assessed against the parcels of abutting property described in Exhibit "A" attached and dated August 1996, and against the owners thereof, whether named or incorrectly named, the sums of money itemized opposite the descnption of the respective parcels of abutting property 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 rts 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, aze hereby declared (i) to be and aze made a lien upon the parcels of abutting property against which they are assessed, (ii) to be and are made a personal liability and chazge against the owners of the pazcels of abutting property, whether such owners are correctly named, (iii) to be and constitute the first enforceable lien against the pazcel of abutting property on which the assessments aze 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 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 declaze it immediately payable. Any terms governing any default in the payment of any installment shall be set forth in the mechanic's and v 3 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 pazcel 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. VII. The total amount assessed against the respective pazcels 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 pazcel of property for which the certificate is issued. Moreover, the certificate shall contain the name of the owner or owners, if 4 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 m wasting and by surrender when the principal, together vv~th 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. 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, invalidrties or irregularities, either in the assessments or in the certificates. 5 XI. All assessments levied are a personal habihty 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 habihty for assessments made against other abutting property XII. The assessments levied are for the improvements m the particular umt 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 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 City XV The ordinance shall take effect and be in full force after the date of rts passage, and it is so ordained. 6 PASSED AND APPROVED this ~ day of ~( /~ _ ~A" 19 APPROVED AS TO FORM AND LEGALITY: s ~' • ~ `° City Attorney Date: ~ ~ /~~ /y/ Adopted: (' _~ ~~~ ~ `~ `7 SG` Effective• 7 ~~.~ ~Pf,-• fem. if ~ .. ~ ~~ t / _~--'r M1• ~. R UTHDALE DRIVE {Crowley Road to Sunrise Drivel Project No. Y 1 1-040394 Exhibit A August 1996 ~; ,~ ~. ~ ~~ '~. RUTHDALE DRIVE (Crowley Rodad to Svinrise Drive) PROJECT NO. 111-040394 Ruthdale Drive (Council District 6) is a local street situated in a qualified target area. The Polity states that any property, regardless of use, will be assessed for curb, gutter, driveway approaches, and sidewalks where none currently exist. When Community Development Block Grant (CDBG) funds are available to pay thirty-percent of all construction costs and a majority of the abutting property does not have curb, all properties used as single-family or duplex residential property shall not be assessed. ` Under this policy, the owners of the following improved property will not be assessed. SOUTH SEMINARY ADDITION Block 8 Lot 19 Block 9 Lot 1$,19 Block 14 Lot 1 Block 15 Lot 1,36 Block 16 Lot 2,4,5,8 -r - ~~ PROJ"'T N0. 111-040394, RUTHDALE DRIVE FROM CROWLEY ROAD TO 5UNDRISE DRIVE, to be improved b constructing a six-inch thick reinforced concrete pavement with a seven-inch high attache concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadwa will be twenty-eight feet wide on a fifty foot width Right-Of-Way. Six-inch thick reinforced concrete driveway approaches will be constructed where shown on the plans OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT BEGINNING AT CROWLEY ROAD ---------------------------- ------------------------- NORTH S I DE Property #1 000002888211 JAMES CHRISTIAN SR DBA CHRISTIAN BACKHOE 3417 FAIRVIEW ST I FT WORTH TX 76111 123.00'CURB 9.40 1156.20 BLR 12 LOT 18 40~k TAD OF $10,980= $4,392 1156.20 1156.20 SOUTH SEMINARY ADDITION ADJUSTED:VACANT COMMERCIAL 000002888238 Property #2 3AMES CHRISTIAN SR DBA CHRISTIAN BACKHOE 3417 FAIRVIEW ST I FT WORTH TX 76111 120.00'CURB 9.40 1128.00 BLR 12 LOT 19 40~ TAD OF $5,490= $2,196 ~-. - _- 1128.00 1128.00 SOUTH SEMINARY ADDITION ADJUSTED:VACANT COMMERCIAL PARRVIEW INTER5CTS 000002887827 Property #3 NHAN VAN NGUYEN 2624 ECHO POINT A FT WORTH TX 76123 123.00'CURB 9.40 1156.20 BLR 11 LOT 18 20$ TAD OF $700 = $144 1156.20 140.00 SOUTH SEMINARY ADDITION ADJUSTED VACANT RESIDENTIAL 2- ~} ~, OWNER~r& LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT 000002887835 ~1~rtY ~ ,MICHAEL ANDERSON STEPHEN BLAIR EST PO BOX 790 A LINDSAY CA 93247 123.00'CURB 9 40 1156.20 BLK 11 LOT 19 20~ TAD OF $700 = $140 SOUTH SEMINARY ADDITION ADJUSTED:VACANT RESIDENTIAL RONALD DR INTERSECTS 000002887436 JASPER TRINGLE 3105 MEADOW WOOD LN BEDFORD TX ?6021 BLK 10 LOT 18 20~ TAD OF $704 = $140 SOUTH SEMINARY ADDITION ADJUSTED:VACANT RESIDENTIAL 000002887444 JACK HOYT 4308 KINGSWICK DR ARLINGTON TX 76016 BLK 10 LOT i9 20$ TAD OF $700 = $140 SOUTH SEMINARY ADDITION ADJUSTED:VACANT RESIDENTIAL 1156.20 Fropeity #5 A 123.00'CURB 9.40 1156.20 - ~P~Y ~ --- ---- - A 122.00'CURB 9.40 1156.20 1146.80 1146.80 ASSESSMENT 140 00 140.00 144.00 -3- OWNER & LEGAL DESCRIPTION ZONING ------------------ ------ FRONTAGE -------- RATE ---- AMOUNT ------ ASSESSMENT ---------- ------- CLAUDIA DR INTERSECTS ---------------------------- 000002886634 -------- Pr°peri3' #V SHARON TOLBERT NEWELL MCKIE 13747 RAVENWOOD A KELLER TX 76262 128.00'CURB 9.40 1203.20 BLK 8 LOT 18 20~ TAD OF $700 = 5140 1203.20 140.00 SOUTH SEMINARY ADDITION ADJUSTED:VACANT RESIDENTIAL BEGIN @ SUNRISE DR SOUTH SIDE r ~0~~ #8 000002889641 BOB WALTON 1515 W 7TH ST A FT WORTH TX 76102 120.00'CURB 9.40 1128.00 BLK 16 LOT 7 20$ TAD OF $700 = $140 112a.oo 140.00 SOUTH SEMINARY ADDITION ADJUSTED:VACANT RESIDENTIAL ---------------------------- 000002889633 ---------- ~O ~ MICHAEL PAUL ANDERSO N PO BOX 790 A LINDSAY CA 93247 60.00'CURB 9.40 564.40 BLK 16 LOT 6 20~ TAD OF $740 = 5140 564.00 140.00 SOUTH SEMINARY ADDITION ADJUSTED:VACANT RESIDENTIAL -4- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT ---------------------------- 000002889609 ------ ~y #10 ----- ~O ------ LAURA JOHNSTON L E & DOROTHY SMITH PO BOX 567 A CROWLEY TX 76036 60.00'CURB 9 40 564.00 BLK 16 LOT 3 20~ TAD OF $700 = 5140 564.00 140.00 SOUTH SEMINARY ADDITION ADJUSTED:VACANT RESIDENTIAL 000002889587 ~p~y #11 CLARISA PAGEL MARK A 1709 RUTHDALE DR A FT WORTH TX 76134 60.00'CURB 9.40 564.00 BLK 16 LOT 1 20$ TAD OF $?00 = $140 564.00 140.00 SOUTH SEMINARY ADDITION ADJUSTED.VACANT RESIDENTIAL RONALD DR INTERSECTS ---------------------------- 000002889196 --- ~ #12 -- - DORIS ETAL MYERS 354 WHISPERING MEADOWS A JOSHUA TX 76058 123.00'CURB 9.40 1156.20 BLK 14 LOT 36 20$ TAD OF $700 = $140 1156.20 140.00 SOUTH SEMINARY ADDITION ADJUSTED:VACANT RESIDENTIAL -S- r ~ 4 OWNER & LEGAL DESCRIPTION ZONING PARKVIEW DR INTERSECTS ---------------------------- 000002888793 WILLIAM M ANDERSON FR 2410 GREEN PARK DR ARLINGTON TX 76017 BLK 13 LOT 36 40$ TAD OF $700 = $280 FRONTAGE RATE AMOUNT ------------------------- Property #l3 123.00'CURB 1156.20 SOUTH SEMINARY ADDITION ADJUSTED • VACANT COMMERCIAL (property assessed on Parkview Drive) -------------- 000002888424 Properly #14 WILLIAM M ANDERSON FR 2410 GREEN PARK DR ARLINGTON TX 76107 123.00'CURB BLK 13 LOT 1 40$ TAD OF $10,000=$4,000 9.40 1156.20 9.40 1156.20 1156.20 SOUTH SEMINARY ADDITION ADJUSTED:VACANT COMMERCIAL ASSESSMENT 280.00 1156.20 -6- 1 Q I e r n r' RUTHDALE DRIVE (Crowley Road to Sunrise Drive) PROJECT NO.111-040394 COST DISTRIBUTION A. COST TO PROPERTY OWNERS ..................... ..........$ 5,120.40 B. COST TO THE CITY OF FORT WORTH ...................... ....$179,866.60 Street Improvements ..................................$163,049 60 Engr. Insp./Admire ..................................... $ 16, 817 00 (10% Estimated Project Cost of $168,170.00) C. TOTAL ESTIMATED PROJECT COST ...... ............................$184,987.00 The Policy states 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, and, no more than forty percent (40g'o) for non-residential property in CDBG target areas. -7- w r i, vt .~ THE STATE OF TEXAS COUNTY OF TARRANT 39 'b~3F~ ~ X03 NOTICE Notice is hereby given that the govermng body of the City of Fort Worth, Texas, has determined and ordered it necessary that the following portion of Ruthdale Drive, 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 alien-upon certain abutting property The portion of Ruthdale Drive to be improved is described specifically as. Ruthdale Drive from Crowley Road to Sunrise Drive, known and designated as Project No 111-040394 The properties to be assessed aze described specifically as. SOUTH SEMINARY ADDITION Block 8 Lot 18 Block 10 Lots 18, 19 Block 11 Lots 18, 19 Block 12 Lots 18, 19 Block 13 Lots 1, 36 Block 14 Lot 36 Block 16 Lots 1, 3, 6, and 7 ~~~ ;~~ T ~• ,. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrumeJ~t to be executed m its behalf and signed by its Mayor, thisday of~,~~, A.D., i9 Y ~P ~.. F~ /~ a ;, ~ "`,~- ~ :~ SAT E5T• ~:; f"' ~" r ~ , ~~4 ~ t !lam • ~ ~.F -~w /~~ ~ ~ f Ti ~ ~ ~ ~.,, ~~~4 yCity ~~cretary r~~ ~~, ~~~`~ ~~ ,tom{ e ' rr STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH BY l `Q- e-~- u~ Mayor r BEFORE ME, the undersigned authonty, a Notary Public in and for the State and County aforesaid, on this day personally appeared_ ~Il h Q YY' known to me to be the person whose name is subscribed to the foregoing instnunent, 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 UND.T+~R MI' HAND AND SEAL OF OFFICE, this the day of ~ A.D., 19 Notary Pu he in and for the State of Texas ,~. +.~^" ~~ SHIRLEY FERRELL. "~ ~''= MY COMMISSION EXPIi~S '~` Nlay 2.2000 ,f?;,S .• City of Fort Worth, Texas Mayor and Council Communication 10/15/96 BH-0162 20RUTHDA 1 of 2 svs,rscT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF RUTHDALE DRIVE FROM CROWLEY ROAD TO SUNRISE DRIVE (PROJECT NO 1 1 1-040394) RECOMMENDATION It is recommended that the City Council adopt an ordinance that 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 in excess of the amount assessed for the improvement of Ruthdale Drive from Crowley Road to Sunrise Drive DISCUSSION The 1993 Capital Improvement Program included funds for the improvement of Ruthdale. Drive from Crowley Road to Sunrise Drive This is a local street, therefore, under the Revised Assessment Paving Policy, assessments are proposed only for curb and gutter where none currently exist The street is located in a qualified target area and has never previously been constructed to City standards Community Development Block Grant (CDBG) Funds may provide a portion of the construction cost for residentially used property Ruthdale Drive will be constructed with standard concrete pavement Standard concrete driveways and sidewalks will be built where shown on the plans On September 17, 1996 (M&C G-11604), the City Council established October 15, 1996, as the date of the benefit hearing Notice was given in accord with the provision of Chapter 313 of the Texas Transportation Code Based on the Assessment Paving Policy and the 1996 assessment rates, the division of estimated construction cost is R ~ r f I .~ .. f.f Printed on Re~yded Paper ~ ti .- City of Fort Worth, Texas Mayor and Council Communication DATI$ 10/15/96 REFBRENCI3 NUbffi1'sR BH-0162 LOG NAMR 20RUTHDA PAGE 2 of 2 SUBJRCT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF RUTHDALE DRIVE FROM CROWLEY ROAD TO SUNRISE DRIVE (PROJECT NO 1 1 1-040394) Property owner's share of cost 5 5,120 40 ( 3%) City's share of cost 5179,866 60 (97%) Total cost 5184,987 00 (100%) There are no unusual situations on this project that require special City Council consideration This project is located in COUNCIL DISTRICT 6 MG m u mitt or ity anager s ENTE AMOUNT CITY SECRETAR Office by: (~) C Mike Groomer 6140 APPROVED Originating Department Head: CITY Coi ~~(1tL ~J t V l N Hugo A. Malanga 7800 (fmm) ©C~ ~~ ~~ M or rGona ormahon , Contact: ~~ ~~~. f Hugo A. Malanga 7800 _ City ~ tu! ...~y .n.......~_.~ __~ ~' Printed on Re~yded Paper Adapted Ordinance No. ~~:~~~~