HomeMy WebLinkAboutOrdinance 112331
~1
I ~ ~K
1~
:~
r~ /~
~~~~ ~ a
ORDINANCE NO J.
~~
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF
THE COST OF IMPROVING A PORTION OF E MORPHY STREET FROM KUROKI AVENUE
TO YUMA 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 ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO FILE THIS
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
E. MORPHY STREET from Kuroki Avenue to Yuma Avenue, known and designated as
Project No 11-040318, 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
twenty-eight feet wide on a fifty 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
OFFICIAL, R Cf RQ D
CITY SE~H~TARY
~• WORTH, T~',
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 5th day of January, 1993 at 7'00 o'clock
P 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
abutting property described in Exhibit "A"
against the owners thereof, whether named or
itemized opposite the description of the respec
-2-
and assessed against the parcels of
attached and dated Octo 1-9~2..~..a~.d,,..
incorrectly named, the ~~j O
five parcels of abutting rn~ert~~~~~~~~~
FT. WORtN, T~X~
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 ri any court, or
(iii) as provided in the mechanic's and materialman's contrac --~s
ordinance The city shall exercise all powers to aid in t e0 ~c~Q d
collection of the assessments n~~ 5~~~~~t~R~' .
-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 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 far making the
improvement were held in compliance with the law, and that all r ~----f-or
fixing the assessment lien against the property described in certi ~~~'d~~~t
personal liability of the owners have been completed The recita `~`~ e pri a
facie evidence of all matters recited in the certificates, and no f r~ ~°11
be required in any court
~. ~~~i~~ ~~X.
-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, invalidites 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 p~articesYar 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 th Q~~g~i~~o
passage, and it is so ordained ''~~u~tLL EC~~D
CfTY SECR,~~Y
- 5 - ~''. ~p~tH, TAX.
PASSED AND APPROVED this ~~ day of ^ 19~~
APPROVED AS TO FORM AND LEGALITY
r
r
City Attorney
Date ----------------------------
---'~'
Adopted ~ - ~=------------
/,
Effective -L--------~ ----------
E
O~'v'
C/ry ~C D
~f~~~~r
wo~r~ T j~/
! ! ~~C~
-6-
t
'"~
- - - KOSEO ~ 7tiT7 - - - -
U
~ooaE
Oa Oq3
1,1 .7
i.e 4:
pP
510E
1 •
tJ•• w ti
I_
N
,1e, I ' ~
t ~ ~
If.OM S1 N ,7 ,J 1, f0 • e r • 1 • / J + I
2 ~ ~'ys
, • ,,
,• ,i,• ,• ,• ,7 ,J „ t0 • e ~f +• N
. ^J ~p V ,e ,• Jo Jt JJ J7 J. Jt J• J/
n•GNOL IA C 1 fT
• ,e
• • • 7- S• 1 J, • 1• 7 J , e 7- S• 7 J, v
s
7 ~ •~f ~
~ e
,.
_~ E noAPr,r tw~~oa sr
, 2
„ r • • • f J o n ,0 • • r • S • 7 7 , ,u , +7
, i , ,e
J '^ = 2,~2g0
•
s nrgt~E
Y
O
e a
• ~
• • , tt,7 N ,• ~ ,J ,7 ,. ,• ,• v H ,• 70 J, JJ • • +0 „ ,f
I ,e
Q! _ _ •~- -
n
• • ^ ~°+ , J I . • • / e • ,0 a ,7 ,7 , : 7 • •
J I . ~ w ~ h
'~ h _
N
I, ,/
1. U t7 t, t0 • e Jl 7S N 7 JJ JI >0 ,• + 17 ,• t• 1. „ IS 7• II 7J
~• ,S
E. MORPHY STREET
(RURORI AVENUE TO YUl'~A AVENUE
PROJECT NO. 11-040318
EXHIBIT A
OCTOBER 1992
I•e
OfflCi~, RF ROC p
C1tY SEC~4ttARY
Ft. WO~~'H, tEX.
E. MORPHY AVENUE FROM RURORI AVENUE TO PUMA AVENUE
PROJECT N0. 11-040318
The Assessment Paving Policy provides that property zoned and used as
one- or two-family residential property in a target area 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.
LAREVIEW ADDITION
Block 27, Lots
Block 28, Lots
Block 31, Lots
Block 32, Lots
CITY OF FORT WORTH PROPERTY OWNERSHIP
LAREVIEW ADDITION
Block 28, Lots 14,17,18
Block 32, Lot 4
OFFICIAL RECORD
CITY SECRETARY
fT. WORTH, TEX.
8,9,10,11,12,13,14
11,12,15,16
3,4,5,6,7
5,6,8,9,10,11
-1-
. PROJECT NO 11-040318, E MORPHY STREET FROM KUROKI AVENUE TO YUMA AVENUE; to bs improved by
constructing a si,x-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 twenty-eight feet wide on a fifty 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
-------------------------
BEGINNING AT KUROKI AVENUE
--------------------------
SOUTH SIDE
000001563238
DONALD L FREEMAN
1264 E MORPHY ST
FT WORTH TX 76104
BLK 31 LOT 2
20$ TAD OF $2,000=$400
ZONING
B
FRONTAGE
RATE
-------------------------
PROPERTY #1
50 00'PAVEMENT 23.44
50 00'CURB 1.98
216 00'SF SDWK(R) 2.14
LESS CREDIT
LAKEVIEW ADDITION
ADJUSTED:RESIDENTIAL VACANT
----------------------------
000001563211
DONALD L FREEMAN
1264 E MORPHY ST
FT WORTH TX 76104
BLK 31 LOT 1
20$ TAD OF $2,000=$400
B
ENHANCEMENT
-------------------------
PROPERTY #2
AMOUNT
1172 00
99 00
462.24
1733 24
231 12
1502.12
2000 00
50 00'PAVEMENT 23 44 1172 00
50 00'CURB 1.98 99 00
200.00'SF SDWK(N) 2 14 428 00
1699 00
ENHANCEMENT 2000.00
LAKEVIEW ADDITION
ADJUSTED.RESIDENTIAL VACANT
MILANO AVENUE INTERSECTS
----------------------------
000001563432
ASAD MATEEN EL-AMIN
PO BOX 1491
FT WORTH TX 76101
BLK 32 LOT 7
20$ TAD OF $2,000=$400
B
-------------------------
PROPERTY #3
50 00'PAVEMENT
50 00'CURB
216.00'SF SDWK(R)
23 44 1172.00
1.98 99.00
2 14 462 24
ASSESSMENT
400.00
400.00
--173 -OIAL RFCO~~D
LESS CREDIT ---23 _v~ -p~~erT~Rv
150 wO~r~, r~.
ENHANCEMENT 2000_._0
LAKEVIEW ADDITION
ADJUSTED:RESIDENTIAL VACANT
.00
- 2-
OWNER 6 LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT
000401563351 PROPERTY #4
NGUYEN GOR INC
1340 E MORPHY E 126.76'PAVEMENT 37 18 4712 94
FT WORTH TX 76104 126 76'CURB 3 54 448.73
BLK 32 LOTS 1,2,3
40$ TAD OF $18,594=$7,437
5161 67
ENHANCEMENT 5040 00
LAKEVIEW ADDITION
ADJUSTED:COMMERCIAL VACANT
BEGINNING AT YUMA
---------------------------- --------------
NORTH SIDE PROPERTY #5
000001562894
MILDRED WILLIAMS
621 ROBERTS ST E 90 00'PAVEMENT 37.18 3346.20
FT WORTH TX 76104 90 00'CURB 3.54 318.64
BLK 27 LOT 15 360.00'SF SDWK(R) 2.14 770.40
40$ TAD OF $3,880=$1,552
4435.20
LESS CREDIT 385.20
4050.00
ENHANCEMENT 3600.00
LAKEVIEW ADDITION
ADJUSTED:COMMERCIAL VACANT
000001562800 PROPERTY #6
T V MYLES
3918 AVENUE L B 50.00'PAVEMENT 23 44 1172 00
FT WORTH TX 76105 50 00'CURB ,1 98 99.00
BLIC 27 LOT 7 200 00'SF SDWK(R) 2 14 428.00
20$ TAD OF $2,000=$400
1699 00
LESS CREDIT 214.00
1485.00
ENHANCEMENT 2000.00
LAKEVIEW ADDITION
ADJUSTED•RESIDENTIAL VACANT
ASSESSMENT
5040.00
1552.00
400 00
3 - OfFIC1AL R RpFC p
CfrY SECR~'IAR~
fr. wo,~r~, rrx. I
r.
~ OWNER 6 LEGAL DESCRIPTION ZONING
MILANO AVENUE INTERSECTS
----------------------------
000001563417 ~
LENTON H HOWARD
5100 TURNER ST B
FT WORTH TX 76105
BLK 28 LOT 13
20~ TAD OF $2,000=$400
LAKEVIEW ADDITION
ADJUSTED:RESIDENTIAL VACANT
FRONTAGE RATE AMOUNT -
-------------------------
PROPERTY #7
50 00'PAVEMENT 23 44 1172 00
50 00'CURB 1 98 99 00
228 00'SF SDWK(R) 2.14 487 92
1758 92
LESS CREDIT 243 96
1514.96
ENHANCEMENT 2000.00
ASSESSMENT
400.00
-4-
OFFlCIAL RECORD
CITY SECRf1'ARY
~r wa~r~, r~x
E. MORPBY STREET FROM R[TRORI AVEMJE TO YQMA AVEIQUE
PROJECT N0. 11-040318
COST DISTRIBQTION
A. COST TO PROPERTY OWIiERS.. ... ... .. $ 8,592.00
8 COST TO THE CITY OF FORT WORTH.... .. .. $132,736.00
Street Improvements .................. ...$119,888 00
Engr Insp /Admin ..... ..... .. .. ..$ 12,848.00
(10$ of Estimate $128,480.00)
C. TOTAL ESTIMATED PROJECT COST.... .. $141,328.00
CITY POLICY
The Assessment Paving Policy establishes four methods of determining assessments and
allows for the commercial rate to be applied to vacant lots as appropriate Under
this policy assessments cannot exceed.
(a) The computed rate
(b) The enhancement to the property
(c) For residential property; twenty percent (20$) of the property values
as determined by the Tarrant Appraisal District.
(d) For commercial property located within a target area; forty percent
{40$) of the property values as determined by the Tarrant Appraisal
District
All replacement of sidewalks is at 50$ cost to the property owner and 50$ cost to the
City.
OFfICIAt RECORD
CITY SECRETARY
-5- fT. V'JORTII, TTX.
City of Fort Worth, Texas
Mayor and Council Communication
~~~ ~ 01/05/93 "~~ ~"~~~~~ ~~~~~~~~` BH-0115 --- ~-~~~~- 20BHMORP 1 of 2 __
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF E. MORPHY STREET FROM KUROKI
AVENUE TO YUMA AVENUE (PROJECT N0. 11-040318}_
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 E. Morphy
Street from Kuroki Avenue to Yuma Avenue.
DISCUSSION:
The 1990 Capital Improvement Program included funds for the improvement of E. Morphy
Street from Yuma Avenue to Kuroki Avenue. The street is not located within a Target
Area and has previously been constructed to City standards. Community Development
Block Grant (CDBG) Funds will not provide a portion of the construction cost. One- and
two-family residences are not assessed.
E. Morphy Street will be constructed with standard concrete pavement including concrete
driveways and sidewalks.
On December 8, 1992 (M&C G-9958), the City Council established January 5, 1993, as the
date of the benefit hearing. Notice was given in accord with Article 1105b, 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 div ision of
estimated construction cost is:
Property owners' share of cost
City's share of cost
Total cost
w
$ 8,592.00 ( 6%)
$132 736.00 ( 94%)
141,328.00 (100%)
OFFICIAI. RECOIID
CITY SECRETARY
FT. WCRTH, ~'~.
-~~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Camrimunication
DATE
01/05/93 REFERENCE NUMBER
BH-0115 LOG NAME
20BHMORP PAGE
2 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT
AVENUE TO YUMA AVENUE PROJECT N0. PAVING OF E.
11-040318 MORPHY STREET FROM KUROKI
There are no unusual situations on this
consideration.
The project is in DISTRICT 8.
MG:a project that require special City Council
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to
~pPRa~~~
Mike Groomer 6140 ~'1
~~ Y ~~~~~~~
Originating Department Head ~+
{ 5 1993
Gary Santerre 7804 from JAN
~~gg ~gg ~„,{
For Ad itional In ormation
~"°~ °r
~
Contact : ~'~
'
~itj~olFertliiort2-,Te~s
Gary Santerre 7804
g~9
~c%..~
Printed on recycled paper