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HomeMy WebLinkAboutOrdinance 12614ORDINANCE NO AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF HERVIE STREET (VICKERY BOULEVARD TO BONNELL 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 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. HERVIE STREET from Vickery Boulevard to Bonnell Avenue, known and designated as Project No 11-040344, to be improved by constructing a six-inch thick reinforced concrete pavement with aseven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway wail be twenty-rune feet wide on a sixty foot width Right-of- Way Srx-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 13th day of August, 1996 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 heanng 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 m the unit m which the assessments are levied, (iv) that considering the benefits received and the burdens imposed, the assessments establish substantial justice, equality, and umformity 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. 2 III. There shall be, and is hereby, levied and assessed against the parcels of abutting property described in Exhibit "A" attached and dated June 1996, 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 IV Where more than one person, firm or corporation owns an interest m 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 m 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 hens 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 Crty of Fort Worth of the project. Each subsequent installment shall be paid annually on each anniversary date of the acceptance of the project. In the alternative, an abutting property owner may elect to pay the assessment m 49 equal, consecutive monthly installments, the first installment to be paid no later than thirty days after the acceptance by the Crty of Fort Worth of the project. Any owner electing to pay the assessment m installments, must execute a promissory note and mechanic's and materialman's lien contract evidencing the owner's intent to pay the assessment m 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 Crty of Fort Worth shall have the option to accelerate the entire unpaid balance of the assessment and declare rt immediately payable. Any terms governing any default in the payment of any installment shall be set forth in the mechanic's and 3 V Materialmen's hen 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 m any court, or (iii) as provided m the mechanic's and materialman's contract created by this ordinance. The city shall exercise all powers to aid m the enforcement and collection of the assessments. 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 Crty 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, rt shall not be required to issue credits, and will not do so if the credits are inequitable or discrirmnatory 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 m the name of the city by the Mayor, attested by the Crty Secretary, and impressed v~nth corporate seal of the city The certificate shall be payable to the Crty of Fort Worth or its assigns, and shall declare the amounts, time and terms of payment, rate of interest, and the date of the 4 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 m describing any property, or m giving the name of any owner shall mvahdate or impair the certificate for the assessments levied. The certificate shall provide that if rt is not paid promptly upon maturity, rt 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 m 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 m 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 m the certificates, and no further proof shall be required in any court. 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, mvahdrties or irregularities, either m the assessments or m the certificates. 5 XI. All assessments levied are a personal liability and charge against the owners of the property described m Exhibit "A", even though the owners may not be named or may be incorrectly named. Failure to make improvements m 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 m the particular unit upon which the respective parcels of property abut, and the assessments for the improvements m any unrt are not affected by the assessments or improvements m any other umt. In making assessments and in holding the benefit hearing, the amounts assessed for improvements in any one umt have not been connected with the improvements or assessments for improvements in any other umt. XIII. The assessments are levied under the provisions of Chapter 313 of the Texas Transportation Code, which stature has been adopted as an amendment to and made a part of the Charter of the City of Fort Worth. XIV The Crty Secretary is directed to file this Ordinance m the appropriate Records of the City XV The ordinance shall take effect and be m full force after the date of its passage, and rt is so ordained. 6 i PASSED AND APPROVED this ~~ ~l day of 19~~ ~-. APPROVED AS TO FORM AND LEGALITY. /~ „ ~ ~ City Attorn~ Q ~//~~ Date: ~/~ /r 6 Adopted: ~~ /~~ Effective 7 r.;~. ~.~ c' -, x .:d, HERVIE STREET (Vickery Boulevard to Bonnell Avenue) Project No. 1 l -040344 Exhibit A June 1996e :.~;, ~,f r HERVIE STREET (West Vickery Boulevard to Bonnell Avenue) PROJECT NO. 11-040344 Hervie Street (Council District 7) is a local street situated in a qualified target area. The Policy states that any property, regardless of use, will be assessed for curb, gutter, driveway approaches, and sidewalks where none currently exist. When Community Development Block Grant (CDBG) funds are available to pay thirty-percent of all construction costs and a majority of the abutting property does not have curb, all properties used as single-family or duplex residential property shall not be assessed. Under this policy, the owners of the following improved property will not be assessed. HARLEM HILLS ADDITION Block 3 Lot 1 Block 4 Lot 1 Block 11 Lot 1 Block 12 Lot 20 Block 16 Lots 1, 18R Block 17 Lots 1, 11 Block 24 Lots 1, 11 CHAMBERLAIN ARLINGTON HTS.2nd FILING Block 66 Lots 1, 40 Block 67 Lots 21 Block 77 Lot 1 Block 84 Lots 1, 40 Block 85 Lots 20, 21 Block 94 Lots 20, 21 Block 95 Lot 1 Block 102 Lots 1, 40 Block 103 Lot 20 Block 112 Lot 20 Block 113 Lots 1, 40 Block 120 Lot 1 Block 121 Lot 20 Block 130 Lot 20 -1- S ~ .yi, r f' PROJECT N0. 11-040344, HERVIE STREET FROM WEST VICKERY BLVD TO BONNELL AVENUE, to be improved by constructing a six-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-nine 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 OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT BEGINNING AT W VICKERY BLVD -- -------------------------- WEST S I DE ------------------ Property #1 ------- 000001177427 MARION WHITE ETUX OZELLA 5404 FERNANDER DR B FT WORTH TX 76107 110.00'CURB 9 40 1034 00 BLK 11 LOT 11 20$ TAD OF $1500 = $300 1034.00 300.00 HARLEM HILLS ADDITION ADJUSTED'VACANT LOT CARVER DR INTERSECTS --- ------------------------- 000000515760 ------------------ Property#2 ------- CORRINE J OVERSTREET $BERT DAVIS 1422 LINDEN 5T B OAKLAND CA 94607 127.00'CURB 9 40 1193 80 BLK 129 LOT 1 20$ TAD OF 51500 = $300 1193 80 300.00 CHAMBERLAIN ARL HTS 2ND ADJUSTED'VACANT LOT HELMICK AVE INTERSCTS ----------- ----------------- 000000514713 ------------------ Property #3 ------- EAGLE MNT VOLUNTEER FIRE DEPT 9201 LIVE OAK LN B FT WORTH TX 76179 124.00'CURB 9.40 1165.60 BLK 120 LOT 40 20$ TAD OF $1500 = $300 1165.60 300 00 CHAMBERLAIN ARL HTS 2ND ADJUSTED'VACANT LOT - 2- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT ------------------------- ------ -------- ---- ------ ---------- $LACKMORE AVE INTERSECTS ---------------------------- ------------=------------ 000000509957 ~O~m' ~ C K H INC PENSION RICHARD & JILL BRANN 4000 HACKMORE LOOP B IRVING TX 75061 122 00'CURB 9 40 1146 80 BLK 95 LOT 40 20$ TAD OF $1500 = $300 1146 80 300 00 CHAMBERLAIN ARL HTS 2ND ADJUSTED:VACANT LOT GOODMAN AVE INTERSECTS ---------------------------- ------------------------- 000000506885 Property #5 CLARENCE MILLER EST $BARBARA PATTERSON 4245 LONGMEADOW WAY B FT WORTH TX 76133 123 00'CURB 9.40 1156.20 BLR 77 LOT 40 20~ TAD OF $1500 = $300 1156 20 CHAMBERLAIN ARL HTS 2ND ADJUSTED•VACANT LOT BEGINNING AT W VICRERY BLVD ---------------------------- EAST SIDE 000001177532 0 J LAMPRIN 5514 CARVER DR F`T WORTH TX 76107 BLR 12 LOT 1 20~ TAD OF $1500 = $300 HARLEM HILLS ADDITION ADJUSTED:VACANT LOT B 300.00 ------------------------- Properiy #S 131.00'CURB 9 4p 1231 4Q 1231 40 300.00 -3- ~. OWNER 6 LEGAL DESCRIPTION ----------------------- ZONING ------ FRONTAGE -------- RATE ---- AMOUNT ------ ASSESSMENT ---------- -- HELMICK AVE INTERSECTS --------------------------- 000000514837 - ------------------ Property #7 ------- THELMA STRICKLAND ES $ DAVIN S MERRITY 6725 RUSTIC DR B FT WORTH TX 76140 125.00'CURB 9.40 1175 UO BLK 121 LOT 21 20$ TAD OF $1500 = $300 1175 00 300.00 CHAMBERLAIN ARL HTS 2ND ADJUSTED VACANT LOT --------------------------- 000000512974 - ------------------ Property #8 ------- ALVIN W CRENSHAW 7009 BENNINGTON DR B FT WORTH TX 76148 122.00'CURB 9.40 1146.80 BLK lit LOT 21 20$ TAD OF $1500 = $300 1146.80 300.00 CHAMBERLAIN ARL HTS 2ND ADJUSTED'VACANT LOT HUMBERT AVE INTERSECTS -------------------------- 000000511544 -- ------------------ ~OP~Y ~ ------- ED JENKINS EST 1412 GLASGOW RD B FT WORTH TX 76134 126.0O'CURB 9.40 1184.40 BLK 103 LOT 21 20$ TAD OF $1500 = $300 1184 40 300.00 CHAMBERLAIN ARL HTS 2ND ADJUSTED:VACANT LOT -4- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT GOODMAN AVE INTERSECTS 000000506559 Properly #10 WALTER L NELMS ANELLE R 1513 JENSEN RD B FT WORTH TX 76112 108 00'CURB 9.40 1015.20 BLK 76 LOT 21 20~ TAD OF $1500 = $300 1015 20 CHAMBERLAIN ARL HTS 2ND ADJUSTED:VACANT LOT, NOTES {1) ---------------------------- 000000506540 LEWIS JAMES MEERS 1225 FORDHAM 5AN LEANDRO CA 94579 BLR 76 LOT 20 20~ TAD OF $1500 = $300 CHAMBERLAIN ARL HTS 2ND ADJUSTED:VACANT LOT RILPATRICK AVE INTERSECTS ---------------------------- 000000505250 JAMES ROUNDTREE JR 5337 BONNELL AVE FT WORTH TX 76107 BLR 67 LOT 20 40$ TAD OF $15,000=$6,000 CHAMBERLAIN ARL HTS 2ND ADJUSTED:BUSINESS Properly #11 B 123.00'CURB ------------------------- Property #12 E 122.00'CURB 93.95 SF DR APPR 9.40 1156.20 1156 20 9.40 1146.80 4.06 381.43 1528.23 ASSESSMENT 300.00 300.00 1528.23 -S- ,~. HERVIE STREET FROM (West Vickery Boulevard to Bonnell Avenue) PROJECT N0.11-040344 COST DISTRIBUTION A. COST TO PROPERTY OWNERS.. ...... ... .... .$ 4,828.23 B. COST TO THE CITY OF FORT WORTH. $381,399.37 Street Improvements. .... $346,287 77 Engr.Insp./Admin.. .... ..... .... ...$ 35,11160 (10% Estimated Project Cost of $351,116.00) C. TOTAL ESTIMATED PROJECT COST .... $386,227 60 The Policy states that the total assessment against residential properties on local streets shall be no more than twenty percent (209io) of the amount that the property (including improvements) is currently appraised by the Tarrant Appraisal District, and, no more than forty percent (400) for non-residential property in CDBG target areas. NOTES: (1) Curb Inlet credit. r -6- ~ A J r `~` ~ / ~~~ ~. THE STATE OF TEXAS COUNTY OF TARRANT NOTICE n ' ~~~ ~ -~ ;T # ~, i Notice is hereby given that the governing body of the City of Fort Worth, Texas, has determined and ordered rt necessary that the following portion of Hervie Street in the City of Fort Worth, Tarrant County, Texas, be improved and that a portion of the cost of the improvement be specially assessed as a lien upon certain abutting property The portion of Hervie Street to be improved is described specifically as Hervie Street, Vickery Boulevard to Bonnell Avenue, known and designated as Project No 11-040344 The properties to be assessed are described specifically as. HARLEM HILLS ADDITION Block 11 Lot 11 Block 12 Lot 1 r CHAMBERLAIN ARLINGTON HEIGHTS 2nd FILING Block 67 Lot 20 Block 76 Lot 20, 21 Block 77 Lot 40 Block 95 Lot 40 Block 103 Lot 21 Block 112 Lot 21 Block 120 Lot 40 e ...-Block --,,121~:Lot~21 _~.~=V~~ ~...w.-~.-_~ _ _ .~.. __ _~.. ~ - a..~. ~. _ ~~.- _- - - Block 129 Lot 1 ~ ~~~~ #`~ _ -; y~ r ~r IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in rts behalf and signed by rts Mayor, this~~day of ~ , A.D., 19~ ` ~~~~~,~''P~: F7~f~ qty a r-.tF.~e`t ATTEST ` "~~ :~iCity `Secretary :, ° ~ ~.~. ~~ , ,~ tF gye .k ~~ ~~ STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH BY ` ~-~ Mayor BEFORE ME, the undersigned authonty, a Noti~bhc m and for the State and County aforesaid, on this day personally appeared KP11nQ~-h rr known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the I day of ~~~~ A.D , 19~(~ Notary Public i and for the State of Texas ,,,,,,, ,~~~ ~,y SHIRLEY FERRELL *.;*_ s MY (X)MMISSIINV EXPIRES ~~ ~ City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 08/13/96 BH-0154 20HERV 1 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF HERVIE STREET FROM WEST VICKERY BOULEVARD TO BONNELL AVENUE (PROJECT NO 1 1-040344) 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 i.n each case the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Hervie Street from West Vickery Boulevard to Bonnell Avenue DISCUSSION The 1990 Capital Improvement Program included funds for the improvement of Hervie Street from W Vickery Boulevard to Bonnell Avenue This is a local street, therefore, under the Revised Assessment Paving Policy, assessments are proposed only for curb and gutter where none currently exist The street is located in a qualified 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 for residentially used property Hervie Street will be constructed with standard concrete pavement Standard concrete driveways and sidewalks will be built where shown on the plans On July 16, 1996, (M&C G-15520), the City Council established August 13, 1996, as the date of the benefit hearing Notice was given in accord with the provision of Chapter 313 of the Texas Transportation Code Based on the Assessment Paving Policy and the 1996 assessment rates, the division of estimated construction cost is Property owner's share of cost City's share of cost Total cost ~3 _, i . r~ ~ ~ Ci ~~; ~R ~ e a wr ~~ y P X. ( 1~ i .qii 7 Y ~ ,f . ~ 1 [~" Printed on Recyded Paper $ 4,828 23 ( 2%) $381,399 37 (98%) $386,227 60 (100%) City of Fort Worth Texas Mayor and Council Communication DATE 08/13/96 REFERENCE NUMBER BH-0154 LOG NAME 20HERV PAGE 2 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF HERVIE STREET FROM WEST VICKERY BOULEVARD TO BONNELL AVENUE (PROJECT NO 1 1-040344) There are no unusual situations on this project that require special City Council consideration This project is located in COUNCIL DISTRICT 7 MGf Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 1~PPROVED Originating Department Head: CITY COUNCIL Hugo A. Malanga 7800 (from) AUG ~~ ~~~ or trona ormation Contact: Hugo A. Malanga 7800 ~/ ..r. _..__ -- / y~ / City of Fort 'hoar Printed on Recycled Paper Adopted Ordinance Na. ~,j(/1