HomeMy WebLinkAboutOrdinance 11961~1
ORDINANCE NO ~ CD
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART
~ OF THE COST OF IMPROVING A PORTION OF N E 14TH STREET FROM N MAIN
STREET TO JONES 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 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
N E 14TH STREET from N. Main Street to Janes Street, known and
designated as Project No 76-212225-09, to be improved by
constructing a six-inch thick reinforced concrete pavement
with a seven-inch high attached concrete curb on a cement
treated subgrade, so that the finished roadway will be
thirty-six 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
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WHEREAS, concrete curbs and gutters on proper grade and line, storm drains,
and other appurtenances shall be constructed
WHEREAS, alI 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
given
WHEREAS, the proper notice of the time, place, and purpose of the hearing was
WHEREAS, the hearing was held on the 23rd day of May, 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 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 April 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
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IV
Where more than
property described in
personally liable only
interest bears to the
jointly owned property
proportionate amount owes
one person, firm or corporation owns an interest in any
Exhibit "A", each person, firm, or corporation shall be
for his or its assessment in the proportion that his or its
total ownership interest of the property. An interest in
may be released from the assessment lien upon payment of the
3.
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 other 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.
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PASSED AND APPROVED this ~ ~ day of Z9 .J
APPROVED AS TO FORM AND LEGALITY:
r
.~ -" ~%
City Attorney
Date:----------------------------
Adopted:-- ~ ~~ -.~~ ------
Effective•-----------------------
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E%HIBIT A
APRIL 1995
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N.E. 14TH STREET
(N. MAIN STREET TO JONES STREET)
PROJECT NO. 76-212225-09
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N.E. 14TH STREET FROM N. MAIN STREET TO JONES STREET
PROJECT NO. 76-212225-09
For Reconstruction Projects, the Assessment
that property zoned and used as one- or
property or duplex residential regardless
homestead status, will not be assessed. Under
of the following improved property zoned
two-family residences are not assessed.
GOOGINS SUBDIVISION
Block 56, Lot 18
Block 58, Lot 21
NOTE:
Paving Policy provides
two-family residential
of platting, zoning or
this policy, the owners
and used as one- or
Block 216 Lot 9, and Block C Lot A in the North Fort Worth Addition
are owned by the City of Fort Worth as of 1/6/95.
-1-
c
PROJECT N0. 76-212225-09 N E. 14TH STREET, FROM N MAIN STREET TO JONES STREET, to be improved
by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached
concrete curb on a cement-treated subgrade, so that the finished roadway will be thirty-six
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 6 LEGAL DESCRIPTION
BEGINNING AT VICKERY BLVD
-------------------------
EAST SIDE
000001900935
ALEX S GALLEGOS
1627 GRAND AVENUE
FT WORTH TX 76106
BLR 58 LOT 1
40$ TAD OF $57,358 = $22,940
ZONING FRONTAGE
------ --------
RATE
-------------------------
PROPERTY #1
J 95 00'PAVEMENT
95 00'CURB
163.70'SF DR APPR
300 00'SF SDWK(R)
50 10
3.78
3.21
2.68
LESS CREDIT
ENHANCEMENT
GOOGINS SUBDIVISION
ADJUSTED:BUSINESS (RESTAURANT)
NTERSECTS
000004687353
CATHOLIC MENS CLUB
142$ N COMMERCE ST pD/SU
FT WORTH TX 76106
BLR 5? LOT 1
40$ TAD OF $65,216 = $65,216
PROPERTY #2
95.00'PAVEMENT
95.00'CURB
93.95'SF DR APPR
340 00'SF SDWK(R)
50 10
3.78
3 21
2.68
LESS CREDIT
ENHANCEMENT
GOOGINS SUBDIVISION
ADJUSTED.SOCIAL CLUB, NOTES-N0.1 (ZONING)
----------------------------
000001900889
CATHOLIC MENS CLUB
1423 CALHOUN ST
FT WORTH TX 76106 PD/SU
BLK 57 LOT 19
40~ TAD $19,514 = $7,805
-------------------------
PROPERTY #3
95 00'PAVEMENT
95.00'CURB
380.00'SF SDWK(R)
GOOGINS SUBDIVISION
ADJUSTED'SOCIAL CLUB, NOTES-NO 1 (ZONING)
-2-
50.10
3.78
2 68
LESS C~'EDIT
ENHANCEMENT
AMOUNT ASSESSMENT
4759 50
359.10
525.48
804 00
6448.08
402 00
6046.08
1900 00
1900 00
4759.50
359 10
301.58
911.20
6331.38
476 00
5855 38
1900 00
1900 00
4759.50
359 10
1018.40
6137.00
509.20
5627.80
1900 00
1900 00
OWNER & LEGAL DESCRIPTION ZONING
------------------- ------ FRONTAGE
-------- RATE
---- AMOUNT ASSESSMENT
------ ----------
------
CALHOUN STREET INTERSECTS
------------------------
------------------
------- "
----
000001900439
SOCIEDAD MUTL PROPERTY #4
DE SAN JOSE
PO BOX 17603 95 00'PAVEMENT 50 10 4759 50
FT WORTH TX 76102 PD/SU 95 00'CURB 3 78 359 10
BLK 56 LOT 1 380 00'SF SDWK(R) 2.68 1018 40
40$ TAD OF $123,616 = $49,446
6137 00
LESS CREDIT 509.20
5627.80
ENHANCEMENT 1900 00
GOOGINS SUBDIVISION
ADJUSTED:SOCIAL CLUB, NOTES-NO 1 (ZONING)
BEGINNING AT JONES STREET
-------------------------
-------------------
------
---
NORTH-SIDE--- PROPERTY #5
000001924044
FORT WORTH ISD
$BARBARA MCDONALD
2808 TILLAR A 230.00'PAVEMENT 26 59 6115..70
FT WORTH TX 76107 230.00'CURB 2.57 591 10
BLK C LOT B 204 45'SF DR APPR 3 21 656 28
40~ TAD OF $420,924 = $168,369
7363 08
ENHANCEMENT 4600.00
HAYWOOD ADDITION
ADJUSTED:SCHOOL (EXEMPT)
1900 00
4600.00
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N.E. 14TH STREET FROM N. MAIN STREET TO JONES STREET
PROJECT NO 76-212225-020
COST DISTRIBIITION
A. COST TO PROPERTY OWNERS ... ......... ... ....$ 12,200 00
B COST TO THE CITY OF FORT WORTH. .. .. .... ..$100,845 46
Street Improvements..... .... .. ...$ 90,568.60
Engr Insp /Admin.... .. $ 10,276.86
(10~ of Estimate Cost $102,768.60)
C. TOTAL ESTIMATED PROJECT COST ... ... ....$113,045.46
The Assessment Paving Policy establishes four methods of determining assessments
and allows for the residential rate to be applied to vacant lots as appropriate.
Under this policy assessments cannot exceed.
(a) The computed rate.
(b) The enhancement to the property.
(c) For residential property; twenty percent (20$) of the property
values as determined by the Tarrant Appraisal District.
(d) For commercial property located within a target area; forty percent
(40$) of the property values as determined by the Tarrant Appraisal
District.
Per City Policy:
All replacement of sidewalks is at 50$ cost to property owner and 50$ cost to
the City
NOTES'.
(1) "PD/SU" ( Planned Developement/Specific Use) Zoning allows the following
uses. a meeting/reception hall for social functions, etc. The "PD/SU"
Ordinance (No. 10974) was adopted by the Zoning Commission on 12-10-91
-4-
City of Fort Worth, Texas
-jllayor ayrd Council C~cr~r~munication
DATE REFERENCE LOG NAME PAGE
NUMBER BH-0137
05/23/95 2014TH 1 of 2
SUBJECT
BENEFIT HEARING FOR THE ASSESSMENT PAVING OF N E 14TH STREET FROM N
MAIN STREET TO JONES STREET (PROJECT NO 76-212225-09)
RECOMMENDATION
It is recommended that the City Council adopt an ordinance that-
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 N E 14th Street from N
Main Street to Jones Street
DISCUSSION
r
The U S Department of Commerce, Economic Development Grant for infrastructure
improvements in the Stockyards Area included funds for the improvement of N E 14th Street
from N Main Street to Jones Street The EDA grant requires a 20 percent match from the City
The amount assessed benefitting property owners abutting the project cannot exceed the-City's
match Amounts proposed to be assessed represent 10 8% of the estimated project cost
N E 14th Street will be constructed with standard concrete pavement Standard concrete
driveways and sidewalks will be built where shown on the plans
On April 27, 1995 (M&C G-1 1062), the City Council established May 23, 1995, as the date of
therbenefit hearing Notice was given in accord with Article 1 105b, Vernon's Annotated Civil
Statutes
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
~s
Property owners' share of cost
City's share of cost
Total cost
$ 12,200 00 (10 8 %)
$100,845 46 (89 2%)
$1 13,045 46 (100%)
=~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Ca-~~tmunication
DATE
05/23/95 ~~RERNCE BH-0137 LOG NAME
2014TH PAGE
2 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING-OF-~N:E~-14TH STREET FROM N
MAIN STREET TO JONES STREET (PROJECT IVO 76-212225-09)
There are no unusual situations on this project that require special City Council consideration
This project is located in DISTRICT 2
MG a
Submitted or ~ty Managers FUND ACCOUNT CENTER AMOUNT ITY E RETARY
Office by: (to)
APPRaVE~
Mike Groomer 6140 '
Originating Department Head: NCIL
CITY C{~~
Hugo A. Malanga 7800 (gym)
MAY ~~3 1995
For t-on n ormaUou -
Contact:
th
Hugo A. Malanga 7800 e
City 3eete~r9 Oi
=~ Printed on recycled paper