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HomeMy WebLinkAboutOrdinance 11635 ~/ ORDINANCE NO AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF LULU STREET FROM N.E 28TH STREET TO VERA CRUZ 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 LULU STREET from N E 28th Street to Vera Cruz Street, known and designated as Project No 11-040303, 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 feet wide on a sixty 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 9th day of August., 1994 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 garties 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 May, 1994, 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- a 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; grovided, 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 gayment 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- 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 cast 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- 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 ar 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 ocher 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- ti ~ r* PASSED AND APPROVED this day of APPROVED AS TO FORM AND LEGALITY: ~~~. City Attorney Date:---------------------------- Adopted:----~ =-`~~- ~~!"-------- Effective•-------------- -------- 19 -6- City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE LOG NAME PAGE NUMBER BH-0129 08/09/94 20BHLULU 1 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF LULU STREET FROM N E 28TH STREET TO VERA CRUZ STREET (PROJECT NO 11-040303) 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 Lulu Street from N E 28th Street to Vera Cruz Street DISCUSSION The 1990 Capital Improvement Program included funds for the improvement of Lulu Street from N E 28th Street to Vera Cruz Street The street is located in the Diamond Hill Target Area and has never previously been constructed to City standards Community Development Block Grant (CDBG) Funds will provide a portion of the construction cost One- and two-family residences are not assessed Lulu Street will be constructed with standard concrete pavement, including driveways and sidewalks On July 12, 1994 (M&C G-10723), the City Council established August 9, 1994, 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 engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is Property owner's share of cost 5 1 1,971 50 ( 4%) City's share of cost 5321,005 10 (96%) Total cost 5332,976 60 (100%) ~«~ Printed on recycled paper City of Fort Worth, Texas Mayor and' Council Communication , DATE 08/09/94 REFERENCE NUMBER BH-0129 LOG NAME 20BHLULU PAGE 2 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF LULU STREET FROM N E 28TH STREET TO VERA CRUZ STREET (PROJECT NO 11-040303) There are no unusual situations on this project that require special City Council consideration This project is located in DISTRICT 2 MG q u mitte or ity . anager s D Office by: (to) A pppO~Cn ~ f fl C U ~{`~f Mike Groomer 6140 ~ ®~ ~ ~~~ ~~~ T Originating Department Head: 9 1994 ~ ~ Hugo A. Malanga 7800 (from) " ~ ~ For Additional. Information ~ '~'~'~~ Contact: City 38at~r~ OE MN l~eq'19 City of Fort Wortlt Hugo A. Malanga 7800 , a~~ Printed on recycled paper