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HomeMy WebLinkAboutOrdinance 11262ORDINANCE NO /~~` AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF MISSISSIPPI AVENUE FROM EAST BERRY STREET TO GLEN GARDEN DRIVE, 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• MISSISSIPPI AVENUE from East Berry Street to Glen Garden Drive, known and designated as Project No 11-040301, to be improved by constructing a seven-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-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 Drainage structures will be installed where required Off1GIAt REGGRD G~1f S~GR~~~R~ ~'. i~IORTR, TAX. 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 23rd day of February, 1993 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 abutting property described in Exhibit "A" attached and dated November, against the owners thereof, whether named or incorrectly named, the sums itemized opposite the description of the respective parcels of abutt~n -2- parcels of 1992, and of money o~~ic~~. R~cooo c~ s~co~~~~~ ~r. woo~o. ~~~~ IV Where more than property described in personally liable only interest bears to the jointly owned property proportionate amount owe ane person, firm or corporation owns an interest in any Exhibit "A", each person., firm, or corporation shall be far 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 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 a~ R,e ~~ CITY SECRTT~RY VI fT. WORTH TEX. Any default in the payment of any assessment shall be en 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 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 ar 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 fiaxes, 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 gayment 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 cer personal liability of the owners have been completed. The reci facie evidence of all matters recited in the certificates, and no be required in any court. st ma 11 fT. WORTN, TEX. -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 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 OfFiCIAI R~CO~~ -5- I Ci1Y SEC~~T~RY FT. W~RTE~, ~~X. '~ PASSED AND APPROVED this=-'~ day APPROVED AS TO FORM AND LEGALITY: [City Attorney Date:---------------------------- Adopted: ~.~=~=~y~ ~-~~~------- ~n ~~ Effective.- ; ~'=-=~-~~ '~ ---- '','-L %fi ~ QFf ICIAL RECORD CITY SECRETARY ET. WORTH, TEX. -6- MISSISSIPPI AVENUE (EAST BERRY STREET TO GLEN GARDEN DRIVE) PROJECT NO 11-040301 EXHIBIT A NOVEMBER 1992 MISSISSIPPI AVENUE FROM EAST BERRY STREET TO GLEN GARDEN DRIVE PROJECT NO 11-040301 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 MORNINGSIDE TERRACE ADDITION Block 1, Lots 15, 16 RYAN SOUTHEAST ADDITION Block 59, Lot 18 Block 62, Lot 19 -1- OEFlCgA~ R~CORO CITY SEC~~~RR~ FT. WO~YN, ~b PROJECT NO 11-040301, MISSISSIPPI AVENLtE FROM EAST BERRY STREET TO GLEN GARDEN DRIVE zs to be improved by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb over a six-inch thick lime stabilized subgrade so that the t.nished roadway will be thirty-six feet wide on a sixty foot width Right-of-Way Six-inch thick reinforced conrete driveway approaches and four-inch thick concrete sidewalks will be constructed where shown on the plans Drainage structures will be installed where required ,OWNER 6 LEGAL DESCRIPTION ZONING FRONTAGE ------------------------- ------ -------- BEGINNING AT E BERRY STREET EAST SIDE 000001821237 RICHARD SCHEPPLER (LEASED) 1201 E BERRY ST FT WORTH TX 76110 BLK 1 LOT 1 40~ TAD OF $157,078 = $62,831 RATE AMOUNT ------------------------- ~ 1 PROPERTY #1 I,E 150 00'PAVEMENT 150 00'CURB 482 40'SF DR APPR 360 00'SF SDWR(R) LESS CREDIT ENHANCEMENT MORNINGSIDE TERRACE #1 ADDN ADJUSTED COMMERCIAL BUSINESS (1) 000003935833 COOKE EST $ SALLY DAVIS 2216 W MAGNOLIA AVE FT WORTH TX 76110 ABST 697 TR 2C09 40$ TAD OF $180,883 = $72,353 HARTZOG, G W SURVEY ADJUSTED VACANT COMMERCIAL (2) 000004703464 MOUNT GILEAD BAPTIST CHURCH 600 GROVE FT WORTH TX 76102 ABST 1413 TR 4A 40$ TAD OF $48,188 = $19,275 PROPERTY #2 I 498 70' PAVEMENT 50 11 482 70' CURB 3 77 241 20' SF DR APPR 3..21 1874 80' SF SDWK(N) 2 68 498 70 DRAINAGE 35 55 50 11 3 77 3.21 2 68 ENHANCEMENT 7516 50 565 50 1548 50 964 80 10595 30 2173 60 8421 70 6000 00 24989 86 1819 78 774 25 5024 46 17728 79 50337 14 19920 00 PROPERTY #3 373 00' FRONTAGE I 274 00' PAVEMENT 50 11 232 00' CURB 3 77 1096 00' SF SDWK(N) 2 68 274 00' DRAINAGE 35 55 STINSON, ALFRED SURVEY ADJUSTED VACANT COMMERCIAL (2)(4) - 2- 13730 14 874 64 2937 28 9740 70 2728 ENHANCEMENT 1492 ASSESSMENT 6000 00 19920 00 ~~icin~ ~EC~"~ CCTV ~~~~~~&~E[~ ~~. ~~Y~~~! lL~. 00 OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT 000004703456 PROPERTY #4 GLEN GARDEN APTS 7004 GELN EAGEL DR C 432 00'PAVEMENT 50 11 21647 52 TYLER TX 75703 384 00'CURB 3 77 1447 68 ABST 1413 TR 4A1 241 20'SF DR APPR 3 21 774 25 40$ TAD OF $725,000 = $ 29,000 1650 00'SF SDWK(R) 2 68 4422 00 ~ 28291 45 ' LESS CREDIT 2211 00 i 26080 45 ENHANCEMENT 17280 00 17280 00 STIN50N, ALFRED SURVEY ADJUSTED COMMERCIAL BUSINESS, APTS (2) ---------------------------- 000005971292 ------------------ PROPERTY $5 ------- CHIN H YI 3302 GREEN RIDGE ST I 140 00' PAVEMENT 50 11 7015 40 FT WORTH TX 76133 140 00' CURB 3 77 527 80 AB5T 1413 TR 4AlA 296 40' SF DR APPR 3 21 951 44 40~ TAD OF 5132,083 = $52,833 416 00' SF SDWK(R) 2 68 1114 88 9609 52 LESS CREDIT 557 44 9052 08 ENHANCEMENT 5600 00 5600 00 STINSON, ALFRED SURVEY ADJUSTED COMMERCIAL BUSINESS BEGIN AT GLEN GARDEN DR ---- ------------------------ WEST SIDE ------------------ PROPERTY ~6 ------- 000002619148 MOUNT ROSE BAPTIST CHURCH 2864 MISSISSIPPI AVE CF 255 00' PAVEMENT 11 72 2988 60 FT WORTH TX 76104 239 00' CURB 0 99 236 61 BLK 58 LOT 16A 194 97' SF DR APPR 3 21 625 85 20$ TAD OF $12,200 = $2,440 940 00' SF SDWK(R) 2 68 2519 20 6370 26 LESS CREDIT 1635 11 4735 15 ENHANCEMENT 10200 00 2440 00 RYAN SOUTHEAST ADDITION ADJUSTED EXEMPT CHURCH (2)(5) o~Fic'~ R c CITY S~~RT~R~ -3- ~ l~~ ~R~e~y ,L'. OWNER & LEGAL DESCRIPTION ZONING E LOWDEN STREET INTERSECTS 000002619547 GOD'S GOSPEL TEMPLE 1108 BAKER B FT WORTH TX 76104 BLK 59 LOT 19 20~ TAD OF $23,879 = $4,775 FRONTAGE RATE AMOUNT ASSESSMENT ------------------------- PROPERTY #7 120 00'PAVEMENT 11 72 1406 40 104 00'CURB 0 99 102 96 1509 36 ENHANCEMENT 4800 00 RYAN SOUTHEAST ADDITION ADJUSTED EXEMPT CHURCH (2) BAKER STREET INTERSECTS ---------------------------- 000002620472 GREAT EXPECTATIONS ATTN RONALD WELBORN PO BOX 6257 FT WORTH TX 76115 BLK 62 LOT 18 20~ TAD OF $2,200 = $440 I ------------------------- PROPERTY #8 B 120 00'PAVEMENT 23 44 2812 80 104 00'CURB 1 98 205 92 3018 72 ENHANCEMENT 4800 00 RYAN SOUTHEAST ADDITION ADJUSTED RESIDENTIAL VACANT (2) VICKI LANE INTERSECTS ---------------------------- 000001820761 PROGRESSIVE CONCEPTS INC 5718 AIRPORT FWY I FT WORTH TX 76117 BLK 2 LOT 15 40$ TA.D OF $3,200 = $1,280 ------------------------- PROPERTY #9 147 75'PAVEMENT 147 75'CURB 50 11 7403 75 3 77 557 02 7960 77 ENHANCEMENT 5880 00 MORNINGSIDE TERRACE ADDITION ADJUSTED COMMERCIAL VACANT -4- 1509 36 440 00 O~iaCIAL R~CQRO CITE S~~~~~'R~ fl'. WI~R~'R, FAA 1280 00 AWNER & LEGAL DESCRIPTION ZONING 000006071821 PROGRESSIVE CONCEPTS INC 5718 AIRPORT FWY I,E FT WORTH TX 76117 BLK 2 LOTS 16, 17 40~ TAD OF $325,415 - $130,166 1 i FRONTAGE RATE AMOUNT -------------- PROPERTY #10 200 00'PAVEMENT Z00 00'CURB 148 20'5F DR APPR 50.11 10022 00 3 77 754 00 3 21 475 72 11251 72 ENHANCEMENT 8000 00 ASSESSMENT 8000 00 MORNINGSIDE TERRACE ADDITION ADJUSTED COMMERCIAL ~USINESS -5- OEFICIAI. REC111~1~ GIN SEC~E`I'~~ fT. WQI~~'ll, ~'I~Xs _F ~~ MISSISSIPPI AVENUE FROM EAST BERRY STREET TO GLEN GARDEN DRIVE PROJECT NO 11-040301 COST DISTRIBUTION i ~A COST TO PROPERTY OWNERS $ 77,389 36 I B COST TO THE CITY OF FORT WORTH Street Improvements Engr. Insp /Admin (10~ of Estimate $375,000 00) C TOTAL ESTIMATED PROJECT COST CITY POLICY $335,110 64 $297,610 64 $ 37,500 00 $412,500 00 The Assessment Pavinq 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 and Exempt Churches, twenty percent (200) of the property values as determined by the Tarrant Appraisal District. (d) For commercial property, forty percent (40~) of the property values as determined by the Tarrant Appraisal District. NOTES (1) TA 110 - Traffic Approval dated March 13, 1980, 80~ credit applied for previous construction of curb and driveway approaches (2) Credit applied for Curb Inlets (3) Tax-exempt places of worship are assessed at 50~ of the residential rate Pavement $23 44 @ 50a = $11 72 Curb 1 98 @ 50$ _ .99 (4) Property Frontage was adjusted for drainage easement (5) TA 242 - Traffic Approval dated July 26, 1976, 60$ credit applies for previous contraction of driveway approach i----- -6- OFFI~~A~. RF~~~O CITY ~F~?'~~~ FT. ~~~~~, .~~ ...,,.. NASfER fILE•t, ' ACCOUNTING 2 TRANSPORTATlOIV'PUBLIC WORK'S Cif of Fort worth, Texas NefER ADMINIG7RATj~ry/~a oy, and ~~~,~~ ~~ryylmunicati~~n EN,GINEERING1l~r~l y 23 BH-0117 20BHMISS loft SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF MISSISSIPPI AVENUE FROM EAST I BERRY STREET TO GLEN GARDEN DRIVE (PROJECT N0. 11-.040301) RECOMMENDATION: I~t 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 Mississippi Avenue from E. Berry Street to Glen Garden Drive. DISCUSSION: The 1990 Capital Improvement Program included funds for the improvement of Mississippi Avenue from East Berry Street to Glen Garden Drive. The street is located in the Near Southeast 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. Mississippi Avenue will be constructed with standard concrete pavement including driveways and sidewalks. On January 26, 1993 (M&C G-10020), the City Council established February 23, 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 division of estimated construction cast is: Property owners' share of cost $ 77,389.36 ( 19%) City's share of cost ~ $335,110.64 (81%) Total cost $412,500.00 (100%) ~- Printed on recycled paper City of Fort Worth, Texas Mayor and Counccill Communication DATE 02/23/93 REFEREN E NUMBER BH-0117 L NAME 206HMISS PA E 2 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT BERRY STREET TO GLEN GARDEN DRIVE PAVING OF MISSISSIPPI AVENUE FROM EAST PROJECT N0. 11-040301 There are no unusual situations on this project that consideration. This project is in DISTRICT 8. MG:b require special City Council Su fitted for City Manager's (FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to Mike Groomer 6140 APPROVED Or~g~r~at ng Departsent Head ~y~y l,~e~f~.i~il~~~ Gary Santerre 7804 from ~'~' ~ ~~~~ Adopted Ordina~lce fi~o ~ For Additional Inforoation , ~" ' &.r-cs.ci ~4~sa,.M~,,~ Contact: Citp ~cret~ry ~f tr,~~ C Gary Santerre 7804 itp or Fozi V6brLh, ~~::~, Printed on recycled paper