HomeMy WebLinkAboutOrdinance 12639~-
ORDINANCE NO
.. &:
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING
ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF
McKINLEY AVENUE (AZLE AVENUE TO N.E. 28TH STREET), 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
AMOUN'T'S 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 unproved by raising, grading,
filling and constructing thereon.
McKINLEY AVENUE from Azle Avenue to N.E. 28th Street, known and
designated as Project No 67-040313, to be improved
by constructing a snx-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 thirty feet wide on a
snxty foot width Right-of--Way Snx-ranch thick
` reinforced concrete drnveway approaches and four-
inch thick concrete sndewalks wall be constructed
where shown on the plans.
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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 20th day of August, 1996 at 10 00 0' 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
heanng, is of the opinion that the heanng 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 m the enhanced
value of the improvements in a sum of money m excess of the sum for which the assessment is
levied and the charge made; (vi) that the apportionment of the cost of the unprovements is in accord
with city ordinances, and (vii) that the proceedings of the city for the improvements are valid.
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III.
There shall be, and is hereby, levied and assessed against the parcels of abutting property
described in Exhibit "A" attached and dated July 1996, 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
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 month 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, supenor to all other liens and claims, except state, county, and school distnct
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 Crty 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 Crty of Fort Worth of the project. Any owner electing to pay the assessment m 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 Crty of Fort Worth shall have the option to accelerate
the entire unpaid balance of the assessment and declare rt immediately payable. Any terms
3
governing any default in the payment of any installment shall be set forth m the mechanic's and
V
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 m any court, or (iii) as provided m the mechanic's and materialman's contract
created by tlus ordinance. The city shall exercise all powers to aid m 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 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 Crty Council hereby
reserves the right to reduce the assessments by allowing appropriate credits to certain property
owners. Even though the Crty Council reserves the right to issue credits, rt 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
m 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 Crty Secretary, and impressed with
corporate seal of the city The certificate shall be payable to the Crty of Fort Worth or its assigns,
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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 may be assessed m that name No
error or mistake m describing any property, or m giving the name of any owner shall mvahdate or
impair the certificate for the assessments levied.
The certificate shall provide that if rt is not paid promptly upon maturity, rt shall be
collectable, with reasonable attorney's fees and costs of collection. In addition, the certificate shall
provide that the amount evidenced m 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 m 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 Crty 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 Crty Treasurer shall be receipted
for the holder of the certificate m writing and by surrender when the principal, together v~nth accrued
interest and all costs of collection and reasonable attorney's fees, have been paid.
The certificate shall further recite that the proceedings for malting 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 m 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 Crty of Fort Worth, or its assigns. The
certificates may be signed with the facsimile signatures of the Mayor and Crty 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 m 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 in the assessments or in the certificates.
XI.
All assessments levied are a personal habihty and charge against the owners of the property
described m 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 m 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 umt.
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 13 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 its passage, and rt is so
ordained.
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PASSED AND APPROVED this c?~1 day of 19
APPROVED AS TO FORM AND LEGALITY:
~. C~~r
ity Attorney
Date:
Adopted: /~
Effective:
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McKINLEY AVENUE
(Azle Avenue to N.F. 28~" Streetj
Project No_ 57-040313
Exhibit A
July 7 996
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MCKINI,F,Y AVENUE (Azle Avenue to N.E 28`h Street)
PROJECT NO 67-040313
McKinley Avenue (Council District 2) is a local street situated in a qualified
target area. The Policy 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 a percentage of all construction costs;.- ~ 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.
ROSEN HEIGHTS ADDITION FIRST FILING
Block 29 Lots 15 thru 21
Block 37 Lots 1 thru 5
Block 46 Lots l ,2,4,5,6,8,9,10,11
Block 47 Lots 1 thru 5, and 7 thru 12
.Block 48 all
Block 49 Lots 13 thru 24
-1-
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PROJECT ~NO 67-040313, McKINLEY AVENUE FROM AZLE AVENUE TO N.E 28TH STREET, 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 thirty feet wide on a sixty foot width Right-Of-Way. Six-inch thick reinforced concrete
driveway approaches and four-inch thick concrete sidewalks will be constructed where shown on
the plans
OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
------------------------- ------ -------- ---- ------ ----------
BEGIN AT AZLE AVENUE
--------------~------------- -------------------------
EAST SIDE Property #1
000002530198
DOROTHY ALLEN E
2613 McK1NLEY AVE
FT WORTH TX 76106 50.00'CURB 9,40 470.00
BLK 47 LOT 6 216 00'SF SDWK 3.03 654.48
20$ TAD OF $2500 = $500
1124.48
500.00
ROSEN HEIGHTS FIRST FILING
ADJUSTED:VACANT LOT
27TH STREET INTERSECTS
----------------------------
000002529912 ---------------------
Property #2 ----
FELIPE JASSO
3257 QUENTIN CT
FT WORTH TX 76106 B 50.00'CURB 9.40 470 00
BLK 46 LOT 3 200 00'SF SDWK 3 03 606 00
20$ TAD OF $2500 = $500
1076.00
500.00
ROSEN HEIGHTS FIRST FILING
ADJUSTED:VACANT LOT
----------------------------
000002529955 ---------------------
Property #3 ----
MARIO 0 GUTIERREZ
2604 NW 22ND ST
FT WORTH TX 76106 g+
BLR 46 LOT 7 148.00'SF SDWK 3.03 448.44
20$ TAD OF $2500 = $500 93.95'SF DR APPR 4 06 381.44
829.88
500.00
ROSEN HEIGHTS FIRST FILING
ADJUSTED'VACANT LOT
_2_
d'WNER & LEGAL DESCRIPTION ZONING
000002530015
HANKS AUTOMOTIVE
3500 CHAFFIN DR ~
FT WORTH TX 76119
BLK 4b LOT 12
40~ TAD OF 542,897=$17,158
ROSEN HEIGHTS FIRST FILING
ADJUSTED.BU5INESS
FRONTAGE RATE AMOUNT ASSESSMENT
- Property ~ -------------
50.00'CURB 9 40 470 00
200.00'SF SDWK 3.03 606.00
1076.00
1076 00
=3- '~
McKINLEY AVENUE (Azle Avenue to N.E. 28"' Street)
PROJECT N0.6T-040313
COST DISTRIBUTION
A. COST TO PROPERTY OWNERS. ... ... ..
B. COST TO THE CITY OF FORT WORTH.....
Street Improvements. ......$332,528.00
Engr Insp./Admin.... .... ......... $ 33, 510.40
(10% Estimated Project Cost of $335,104 ~)
C. TOTAL ESTIMATED PROJECT COST..........
.$366,038.40
$368,614 40
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 (40%} for non-residential
property in CDBG target areas.
....... $ 2,576.00
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
08/20/96 BH-0156 20MCKINL 1 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF McKINLEY AVENUE FROM
AZLE AVENUE TONE 28TH STREET (PROJECT NO 67-040313)
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 benefitted in enhanced
value in excess of the amount assessed for the improvement of McKinley Avenue from Azle
Avenue to N E 28th Street
DISCUSSION
McKinley Avenue from Azle Avenue to N E 28th Street was added to the 1986 Capital
Improvement Program in response to a petition from citizens and with the concurrence of the
Council member 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 in
a qualified target area and has previously been constructed to City standards Community
Development Block Grant (CDBG) Funds will provide a portion of the construction cost for
residentially used property
McKinley Avenue will be constructed with standard concrete pavement Standard concrete
driveways and sidewalks will be built where shown on the plans
On July 23, 1996 (M&C G-11541), the City Council established August 20, 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
Property owner's share of cost 5 2,576 00 ( 1 °lo)
City's share of cost $366,038 40 ( 99°l0)
Total cost 5368,614 40 (100%)
There are no unusual situations on this project that require special City Council consideration
Printed on Re~yded Paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
08/20/96 REFERENCE NUMBER
BH-0156 LOG NAME
20MCKINL PAGE
2 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF McKINLEY AVENUE FROM
AZLE AVENUE TONE 28TH STREET (PROJECT NO 67-040313)
This project is located in COUNCIL DISTRICT 2
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ubmitted for City Manager's l+'[JND ACCOUNT CENTER AMOUNT CITY SECRETARY _
Office by: (to)
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Mike Groomer 6140 ~/" "/1
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Originating Department Head: ~/I ~ i V`f {~1~~!'
Hugo A. Malanga 7800 (from) nlq ~ 2~' 19~~
or Mona ormaUon ~ ~ ,
Contact: Cl~
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Hugo A. Malanga 7800 jt'
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Printed on Recycled Paper ~~ / ~ (.~
Adopted Ordina»ce No. (~ _/