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Home My WebLink AboutOrdinance 11962 ORDINANCE NO AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF COMMERCE STREET FROM N E 14TH STREET TO CENTRAL AVENUE, 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 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 COMMERCE STREET from N E 14th Street to Central Avenue, known and designated as Project No 76-212225-Q9, 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 seventy 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 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 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 -2- ~~ 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- s 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 -4- n F 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 which the respective parcels of property abut, and the improvements in any unit are not affected by the assessments or other unit In making assessments and in holding the benefit hearing, for improvements in any one unit have not been connected with assessments for improvements in any ocher unit XIII particular unit upon assessments for the improvements in any the amounts assessed the improvements or 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- c= PASSED AND APPROVED this day of 19 APPROVED AS TO FORM AND LEGALITY: ~~ ~~~~~ ~wl'4 City Attorney Date:---------------------------- ~~j~ Adopted:--- ~-~-~ --`-_------ Effective:----------------------- -6- a ~ 9 ~ ~~ '1 .~ Y ~~~ ,n yw. ~~ `+ ~t .,x,~_ tl t / t0 0 ~ t s/ • / / ~ +• ~ ~ 11 ~ s t• s . is • s ~ s : ~+ -r 1 !! 1 ,~ ~tttnt~ ~~? s t! t 1t~ ~ ~ is 1. ~ ~ :o , t i • 32250 / 20 t t t is ~ ~ t/ ,fib t• c to t• c V~ ~ W m _. o ~ 2 Q b is ~~ ~ v ,/ s V • ~ is :: ~ is `-' , ~ ~ 1 t. :s r, ~ w t o 1/ 12 t 2 7 a s !2 -_~ _ F~ 1 / 1• ~ ~ n / v y ~ s ~ ~ t ° ~~ s~ , t: ~s ~ ~ so ti ~ ~ t >' / t• t2 t>I ti ~ t• t. oGf ~ so t is foy s ~ ~t to a :a t ~ n • t/ s~q t~ 7 ~ 11 t~j, L /~ S ~ ~__ / ~ ~ t t ~f9 ~ • ~i ~~~, ~ ~~ o ~~ N• ~~6 3 t t~ L~`' t t +~ to t >t s t t ,. COMMERCE STREET (N.E 14TH STREET TO CENTRAL AVENIIE) PROJECT N0. 76-212225-09 EXHIBIT A APRIL 1995 b,. r r~ h NORTH COMMERCE STREET FROM N.E. 14TH STREET TO CENTRAL AVENUE PROJECT NO. 76-212225-09 For Reconstruction Projects, 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 GOOGINS SUBDIVISION Block 57, Lots 7, 8, 10 Block 58, Lots 12 thru 21 NORTH FORT WORTH ADDITION Block 57 Lots 1 and 2 -1- PROJECT NO 76-212225-09 NORTH COMMERCE STREET FROM N E 14TH STREET TO CENTRAL AVENUE, to be improved by constructing a six-inch thick reinforced concrete pavement with a seven-inch high ti~attached° concrete curb on acement-treated subgrade, so that the finished roadway will be x' thirty-six feet wide on a seventy foot width Right-of-Way Six-inch thick reinforced concrete ;driveway approaches and four-inch thick concrete sidewalks will be constructed as shown on the plans OWNER & LEGAL DESCRIPTION BEGINNING AT NE 14TH STREET --------------------------- WEST SIDE 000004687426 CARMEN FLORES 1325 N COMMERCE ST FT WORTH TX 76106 BLK 58 LOT 23 40$ TAD OF $4,800.=$1920 00 ZONING FRONTAGE RAT$ ------------------------- PROPERTY ~1 J 50.00'PAVEMENT 50.00'CURB 163 70'SF DR APPR 120.00'SF SDWK(R) 50 10 3 78 3 21 2 68 LESS CREDIT NORTH FORT WORTH ADDITION ADJUSTED:PARKING LOT 000001901206 GILBERT R FALCON 1400 N MAIN ST FT WORTH TX 76106 BLK 58 LOT 24 40$ TAD OF $40,630=$16,252 ENHANCEMENT PROPERTY #2 J 50 00'PAVEMENT 50 00'CURB 163 70'SF DR APPR 120.00'SF SDWK(R) 50.10 3 78 3 21 2 68 LESS CREDIT NORTH FORT WORTH ADDITION ADJUSTED PARKING LOT BEGINNING AT CENTRAL ---------------------------- EAST SIDE 000001900781 GILBERT R FALCON 3913 BURCKNER CT BEDFORD TX 76021 BLK 57 S1/2 LOT 9 40~ TAD OF $3,468=$1,387 ENHANCEMENT ------------------------- PROPERTY #3 J 25 00'PAVEMENT 50 10 25 00'CURB 3.78 143 85'SF DR APPR 3.21 24 00'SF SDWK 2 68 LESS C~EDIT ENHANCEMENT -2- GOOGINS SUBDIVISION ADJUSTED PARKING LOT AMOUNT ASSESSMENT ------ ---------- 2505.00 189 00 525 48 321 60 3541.08 160.80 3380 28 2000 00 1920 00 2505.00 189 00 525.48 321 60 3541 08 160 80 3380.28 2000 00 1252 50 94 50 461 76 64 32 1873 08 32 16 2000.00 1840.92 1000.00 1000 00 OWNER & LEGAL'DESCRIPTION ZONING ---------------------------- 000001900773 GILBERT R FALCON 3913 BUCKNER CT J BEDFORD TX 76021 BLK 57 N1/2 LOT 9 40$ TAD OF $3,468=$1,387 FRONTAGE -------- RATE ---- AMOUNT ------ ------------------- PROPERTY #4 ------ 25 00'PAVEMENT 50 10 1252 50 25 00'CURB 3 78 94 50 50 85'SF DR APPR 3 21 163 23 76 00'SF SDWK(R) 2 68 203 68 1713 91 LESS CREDIT 101 84 1612 07 ENHANCEMENT 1000 00 ASSESSMENT 1000 00 GOOGINS SUBDIVISION ADJUSTED PARKING LOT 000001900757 JOHN J CASSATA 1428 N COMMERCE ST FT WORTH TX 76106 BLK 57 N16 2/3' LOT 7 AND S16 2/3' LOT 6 40~ TAD OF 53,166=$1,266 PROPERTY #5 33 00'PAVEMENT 50 10 1653 30 33 00'CURB 3 78 124 74 PD/SU 132 00'SF SDWK(R) 2 68 353 76 2131 80 LESS CREDIT 176 88 1954 92 ENHANCEMENT 1320 00 GOOGINS SUBDIVISION ADJUSTED.PARKING LOT, NOTES(1) ---------------------------- 000001900730 JOHN J CASSATA 1428 N COMMERCE ST FT WORTH TX 76106 PD/SU BLK 57 N33 1/3' LOT 6 40$ TAD OF $3,166=$1,266 GOOGINS SUBDIVISION ADJUSTED'PARKING LOT, NOTES(1) ------------------- PROPERTY ~6 ------ 33 00' PAVEMENT 50 10 1653 30 33.00' CURB 3 78 124 74 124 95' SF DR APPR 3 21 401 09 72 00' SF SDWK(R) 2 68 192.96 2372 09 LESS CREDIT 96 48 2275 61 ENHANCEMENT 1320 00 1266 00 1266 00 -3- ' uWNER & LEGAL DESCRIPTION ------------------- ZONING ------ FRONTAGE -------- RATE AMOUNT ASSESSMENT ------ s _.. ' 000001900722 PROPERTY ~7 JOHN J CASSATA 1428 N COMMERCE ST 50 00'PAVEMENT 50 10 2505 00 FT WORTH TX 76106 PD/SU 50 00'CURB 3 78 189 00 BLK 57 LOT 5 124 95'SF DR APPR 3 21 401 09 40~ TAD OF $4,750=$1,900 140 00'SF SDWK(R) 2 68 375 20 3470 29 LESS CREDIT 187 60 3282 69 ENHANCEMENT 2000 00 1900 00 GOOGINS SUBDIVISION ADJUSTED PARKING LOT, NOTES(1) --------------------------- 000004687361 - ------------------- PROPERTY #8 ------ CATHOLIC MENS CLUB 1428 N COMMERCE ST PD/SU 50 00'PAVEMENT 50 10 2505 00 FT WORTH TX 76106 50 00'CURB 3 78 189 00 BLK 57 LOT 4 180 00'SF SDWK(R) 2 68 482 40 40~ TAD OF $4,750 = 51,900 3176 40 LESS CREDIT 241 20 2935 20 ENHANCEMENT 2000 00 1900 00 GOOGINS SUBDIVISION ADJUSTED PARKING LOT, NOTES (1) --------------------------- 000004687353 - ------------------ PROPERTY #9 ------- CATHOLIC MENS CLUB 1428 N COMMERCE ST 150 00'PAVEMENT 50 10 7515 00 FT WORTH TX 76106 PD/SU 150 00'CURB 3 78 567 00 BLK 57 LOTS 1 THRU 3 163.70'SF DR APPR 3 21 525 48 40~ TAD OF $163,042=$65,216 520 00'SF SDWK(R) 2 68 1393 60 10001 08 LESS CREDIT 696 80 9304 28 ENHANCEMENT 5700 00 5700 00 GOOGINS SUBDIVISION ADJUSTED'SOCIAL CLUB, NOTES(1) -4- ~ t. ~°' , `f~"~ N COMMERCE STREET FROM N E 14TH STREET TO CENTRAL AVENUE PROJECT N0. 76-212225-020 COST DISTRIBUTION A COST TO PROPERTY OWNERS . $ 17,952 00 B C COST TO THE CITY OF FORT WORTH. . $107,119 10 Street Improvements. .. $ 95,749 00 Engr. Insp /Admin .. ... .. ... .$ 11,370.10 (10~ of Estimate Cost $113,701 00) TOTAL ESTIMATED PROJECT COST .. $125,071.10 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~ cast 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 -5- City of Fort Worth, Texcis Mayor and Council Communication DATE REFERENCE LOG NAME PAGE NUMBER BH-0138 05/23/95 2000MM 1 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF COMMERCE STREET FROM E 14TH STRE~~ ET ~O CENTRAL AVENUE (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~ezcess of the amount assessed for the improvement of Commerce Street from N E 14th Street to Central Avenue DISCUSSION The U S Department of Commerce, Economic Development Grant for infrastructure improvements in the Stockyards Area included funds for the improvement of Commerce Street from N E 14th Street to Central Avenue The EDA grant requires a 20 percent match from the City The amount assessed benef~tting property owners abutting the project cannot exceed the City's match Amounts proposed to be assessed represent 14% of the estimated project cost The street has previously been constructed to City standards, residential properties are not assessed Commerce 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-11061), the City Council established May 23, 1995, as the date of the benefit 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 is Property owners' share of cost S 17,952 00 (14%) City's share of cost S 107,1 19 10 (86 %) Total cost $125,071 10 (100%) +=~+ Printed on recycled paper City of Fort Worth, Texas Mayor and Council Comrzmunication DATE 05/23/95 REFERENCE NUMBER BH-0138 LOG NAME 2000MM PAGE 2 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING-OF COMMERCE STREET FROM N E 14TH STREET TO CENTRAL AVENUE (PROJECT NO 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 w Submitted for qty Managers FUND ACCOUNT CENTER AMOUNT CITY ECRETARY Office by: (to) APPROVER Mike Groomer 6140 ~~~~ ~ ~ Originating Department Head: ~ ~ ~~~~ Hugo A. Malanga 7800 (from) MAY 23 '~~j or d hon ormahon ~ _ r , ~~~~ ~ /~-~tJ Contact: . City 3eOS'etary Of the Hugo A. Malanga 7g00 City of Fort Worth, Texas i-~~ Printed on recycled paper