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HomeMy WebLinkAboutOrdinance 12024r, - .... ~ c~ r ORDINANCE NO ' AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF CARVERLY AVENUE FROM RAMEY AVENUE TO MacARTHUR DRIVE, AND PORTIONS OF SUNDRX 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 ANX 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 CARVERLY AVENUE from Ramey Avenue to MacArthur Drive, known and designated as Project No 111-040386, 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 to thirty-six feet wide on a variable foot width Right-of-Way Six-inch thick reinforced concrete driveway approaches will be constructed where shown on the plans --~ 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 approued 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 11th day of July, 1995 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 fiHE 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 March 1995, 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- ~c,. 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 -3- ~A`; ~, ;: The total amount assessed against 'and the owners thereof is in accord with improvements and assessments thereof and allowed and permitted by the law VII. the respective parcels of abutting property the proceeding of the city relating to the is less than the proportion of the cost 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 shal] 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. -4- ,~ G 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 file this 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 -5- k~ . ~.~. - ~ ,~; PASSED AND APPROVED this day of 19~~+• APPROVED AS TO FORM AND LEGALITY' 1 ~~~~/~ City Attorney Date:---------------------------- .~ Adopted • ---/yy Effective•-----------`----------- -6- E~. ,,. .k, ~.. ;t s CARVERLY AVENUE (RAMEY AVENUE TO MACARTHUR DRIVE) PROJECT NO. 111-040386 EXHIBIT A MARCH 1995 REVISED AT BENEFIT JULY 11, 1995 (PROPERTY NO 3) HEARING ,. rtr~, CARVERLY AVENUE FROM RAMEY AVENUE TO MAGARTBUR DRIVE PROJECT NO. 111-040386 For reconstruction projects in Target Areas, the Assessment Paving Policy provides that property zoned and used as one- or two-family residential property or duplex residential regardless of platting, zoning or homestead status, will not be assessed Under this policy, the owners of the following improved property zoned and used as one- or two-family residences are not assessed ROSEDALE PARR ADDITION Block 5 Block 6 Block 8 Block 10 Block 11 Block 12 Block 13 Block 14 Block 15 Block 19 Block 20 Block 21 Block 22 Lots Lots Lots Lots Lots Lots Lots Lots Lots Lots Lots Lots Lots 9,10 1,3,6,7,8,9 lOR,21R 1,6R,11R 13,25 1,2,3,4,5,6,7,8,9,11,12 1,2,3,4R,5R,6R,lOR A3,A4,5,6,7,8,9 1,2,3,4,5,6R,8R 12R,B15 19,19R 15,16 15,16R The following property is owned by the City of Fort Worth. ROSEDALE PARR ADDITION Block 16 Lots A,6 Block 17 Lots A,B -1- PROJECT N0.111-040386, CARVERLY AVENUE FROM RAMEY AVENUE TO MACARTHUR DRIVE is proposed to be improved by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb over a six-inch thick lime stabilized subgrade so that the finished ~ roadway will be thirty to thirty-six feet wide on a variable 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 BEGINNING AT RAMEY AVENUE ---------------------------- -------------------- =z--- EAST SIDE PROPERTY #1 000002515962 LARRY BREDESEN 105 SILVERLEAF A 63.00'PAVEMENT 23 98 1510.74 FT WORTH TX 76112 63 00'CURB 2 02 127 26 BLK 15 LOT 7R 20~ TAD OF $8000=$1600 1638 00 ENHANCEMENT 3276 00 ROSEDALE PARK ADDITION ADJUSTED:RESIDENTIAL VACANT RICKENBACKER STREET INTERSECTS 000002515822 REN VESS 507 WREN AVENUE A FT WORTH TX 76116 BLK 14 LOT 2R 20$ TAD OF $3000=$600 ------------------------- PROPERTY #2 55.00'PAVEMENT 23.98 1318 90 55.00'CURB 2.02 111 10 1430 00 ENHANCEMENT 2860 00 ROSEDALE PARR ADDITION ADJUSTED'RESIDENTIAL VACANT ---------------------------- 000002515814 JESSIE LEE HOLLOWAY 2341 CARRUTHERS FT WORTH TX 76112 BLK 14 LOT 1R 20$ TAD OF $3000=$600 ------------------------- PROPERTY ~3 A 104.00'PAVEMENT 23.98 2493 92 104 00'CURB 2.02 210.08 2704 00 ENHANCEMENT 5408 00 ROSEDALE PARK ADDITION ADJUSTED.VACANT RESIDENTIAL ASSESSMENT SET BY CITY COUNCIL ASSESSMENT 1600 00 600 00 300 00 - 2- OWNER & LEGAL DESCRIPTION ZONING TRUMAN DRIVE INTERSECTS r ---------------------------- 000002515776 R J THOMAS 2113 CARVERLY A FT WORTH TX 76112 BLR 13 LOT 9R 20~ TAD OF $8000=$1600 FRONTAGE RATE ------------------------- PROPERTY #4 60 00'PAVEMENT 23.98 60.00'CURB 2.02 AMOUNT 1438 80 121.20 1560.00 ENHANCEMENT 3120.00 ASSESSMENT 1560 00 ROSEDALE PARK ADDITION ADJUSTED•RESIENTIAL VACANT ---------------------------- ------------------------- 000002515768 PROPERTY #5 E H BILLIARD 4604 EMERSON 5T A 60.00'PAVEMENT 23 98 1438.80 FT WORTH TX 76119 60 00'CURB 2.02 121.20 BLK 13 LOT 8R 20~ TAD OF $3000=$600 1560.00 ENHANCEMENT .3120.00 600 00 ROSEDALE PARK ADDITION ADJUSTED.RESIDENTIAL VACANT ---------------------------- ------------------------- 000002515741 PROPERTY #6 E H BILLIARD 4604 EMERSON ST A 60.00'PAVEMENT 23.98 1438.80 FT WORTH TX 76119 60.00'CURB 2.02 121 20 BLR 13 LOT 7R 20$ TAD OF $3000=$600 1560 00 ENHANCEMENT 3120 00 600 00 ROSEDALE PARK ADDITION ADJUSTED.RESIDENTIAL VACANT -3- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT ~ MACEO DRIVE INTERSECTS 000002515571 PROPERTY ~7 BEN A MORRISON 1913 CARVERLY DR A 60 00'PAVEMENT 23 98 1438.80 FT WORTH TX 76112 60 00'CURB 2 02 121 20 BLK 12 LOT 10 20$ TAD OF 58000=$1600 1560 00 ENHANCEMENT 3120.00 1560.00 ROSEDALE PARK ADDITION ADJUSTED•RESIDENTIAL VACANT EISENHOWER DRIVE INTERSECTS 000002514273 PROPERTY ~8 C C JOHNSON 6216 TRUMAN DR A 120.00'PAVEMENT 23.98 2877 60 FT WORTH TX 76112 104.00'CURB 2.02 210 08 BLK 6 LOTS 4 & 5 20$ TAD OF $12000=$2400 3087 68 ENHANCEMENT 6240.00 2400 40 ROSEDALE PARK ADDITION ADJUSTED:RESIDENTIAL VACANT, NOTE5 (1) 000002514265 PROPERTY ~9 BANK OF NORTH TEXA5 PO BOX 8529 A 60.00'PAVEMENT 23.98 1438 80 FT WORTH TX 76124 60.00'CURB 2 02 121.20 BLK 6 LOT 2 20$ TAD OF $8000=$1600 1560 00 ENHANCEMENT 3120 00 1560 00 ROSEDALE PARK ADDITION ADJUSTED.RESIDENTIAL VACANT -4- i CARVERLY AVENUE FROM RAMEY AVENUE TO MACARTHUR DRIVE PROJECT NO 111-040386 COST DISTRIBUTION A COST ~'0 PROPERTY OWNERS $ 10,780 00 B C COST TO THE CITY OF FORT WORTH Street Improvements $386,875 50 Engr Insp /Admin $ 39,765 55 (10~ of Estimated Project Cost $397,655 50} TOTAL PROJECT COST $426,641 05 $437,421 05 The Assessment Paving Policy establishes four methods of determining assessments and allows for the residential rate to be applied to vacant lots as appropriate Under this policy assessments cannot exceed (a) The computed rate (b) The enhancement to the property (c) For residential property, twenty percent (20~) of the property values as determined by the Tarrant Appraisal District (d) For commercial property located within a target area; forty percent (40$} of the property values as determined by the Tarrant Appraisal District NOTE• (1) Curb Inlet Credit -5- City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE LOG NAME PAGE I NiJMBER BH-0142 I I 07/11 /95 20CARVER 1 of 2 SUBJECT BENEFIT HEARING FOR. THE ASSESSMENT PAVING OF CARVERLY AVENUE FROM RAMEY AVENUE TO MACARTHUR DRIVE (PROJECT NO 1 1 1-040386) 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 Carverly Avenue from Ramey Avenue to MacArthur Drive DISCUSSION The 1993 Capital Improvement Program included funds for the improvement of Carverly Avenue from Ramey Avenue to MacArthur Drive The southern portion of the street is in a CDBG qualifying area and the street has previously been constructed to City standards Community Development Block Grant (CDBG) funds will not be utilized to provide a portion of the construction cost One- and two-family residences are not assessed Carverly Avenue will be constructed with standard concrete pavement including driveways and sidewalks as shown on the plans On June 6, 1995 (M&C G-11114), the City Council established July 11, 1995, as the date of the benefit hearing Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes R - rt ~ 4 ~ ~ a t y .~ M i ~ ~ ._f City of Fort Worth, Texas Mayor and Council Communication DATE RSFSRSNCS Nt~aSR BH-0142 LOG NAME p,AGg 07/11 /95 20CARVER 2 of 2 svaJ$cT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF CARVERLY AVENUE FROM RAMEY AVENUE TO MACARTHUR DRIVE (PROJECT NO 1 1 1-040386) An independent appraiser has provided a report that documents the enhancement to .property values which results from the improvements 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 5 11,120 00 ( 03%) City's share of cost $426,301 05 ( 97%) Total cost 5437,421 05 (100%) There are no unusual situations on this project that require special City Council consideration This project is located in DISTRICT 5 MG d Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by• (to) VE D PP R O A Mike Groomer 614 (~ ~/ ( { ~ ~ { ~~ ~ ~~~ Originating Department Head• ~/ + ~+v ~ ` ~i,~ Tl1 ~8q5 Hugo A. Malanga 780 (from) ` Q.l~s.~ ~ For Additional Information City Ssaretsr~ of the ?eras th t W f Contact: or , For Ciiy o Hugo A. Malanga 780