HomeMy WebLinkAboutOrdinance 12759.~.,
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ORDINANCE NO
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING
ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF
LYNNHAVEN ROAD (NORMA STREET TO MEADOWBROOK 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 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.
LYNNHAVEN ROAD from Norma Street to Meadowbrook Drive, known and
designated as Project No. 111-040388, 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 will be twenty-eight feet wide on a
variable 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.
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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 12th day of November, 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
heanng, 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 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 m 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.
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III.
There shall be, and is hereby, levied and assessed against the parcels of abutting property
described in Exhibit "A" attached and dated September 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
m 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 m 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 anmversary 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 rt immediately payable. Any terms
governing any default in the payment of any installment shall be set forth in the mechanic's and
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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 in 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 acid 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, rt 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 m 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 City Secretary, and impressed with
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
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
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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 m that name. No
error or mistake in 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 rt 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 Crty 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 malcmg 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 malcmg 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 Crty of Fort Worth, or its assigns. The
certificates may be signed with the facsimile signatures of the Mayor and Crty Secretary
The certificates shall also recite that the city shall exercise all powers to aid m 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.
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 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 m the particular unit upon which the
respective parcels of property abut, and the assessments for the improvements in any umt are not
affected by the assessments or improvements in any other umt.
In making assessments and in holding the benefit hearing, the amounts assessed for
improvements m any one unit 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 City 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.
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PASSED AND APPROVED this _~~; ~ day of ~ 19~
APPROVED AS TO FORM AND LEGALITY•
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ti~- (I' I~i
City Attorney
Date•
Adopted: ~/'' / ~' ~~
Effective:
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;a.
L YNNHAVFN ROAD
(Norma Street to Meadowbrook Drive)
Project No. 111-040388
Exhibit A
September 1996
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LYNNHAVEN ROAD (Norma Street to Meadowbrook Drive)
PROJECT NO.111-040388
Lynnhaven Road (Council District 5) is a local street situated in a qualified
target area. The Policy states that any property, regardless of u.se, will be
assessed for curb, gutter, driveway approaches, and sidewalks where none
currently exist. Community Development Block Grant (CDBG) funds are not
available to pay for residential assessments.
Under this policy, the owners of the following improved property will not be
assessed.
DYESS SUBDIVISION
Lot 17B
J.H. MORGAN SUBDIVISION
Lot B
GLASSIE SUBDIVISION
Lot B
EDGEWOOD PLACE ADDITION
Block 1 Lot 1 B
-1-
PROJECT N0. 111-040388, LYNNHAVEN ROAD FROM NORMA STREET TO MEADOWBROOK DRIVE, 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 stablized subgrade, so that the finished roadway will be
twenty-eight feet wide on a variable 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
BEGIN AT NORMA STREET
EAST SIDE
000003730085
I(EVIN GILBERT
JUDITH COOK
4667 NORMA ST
FT WORTH TX 76103
ABST 33 TR 51A
20$ TAD OF $16,600=$3320
ZONING FRONTAGE
B
ASSESSMENT
940.00
P H AHLER SURVEY
ADJUSTED:RESIDENCE
----------------------------
000004613279
VENUE MONROE
2416 LYNNHAVEN RD
FT WORTH TX 76103
LOT A
20~ TAD OF 537,400=$7480
FRANK MORRIS SUB (FT WORTH)
ADJUSTED:RESIDENCE
000003730042
BOB M ETUX
ROSA L NEWMAN
2400 LYNNHAVEN
FT WORTH TX 76103
ASST 33 TR 48A
205 TAD OF $27,800=$5560
940.00
A
RATE AMOUNT
-- ~1~Y #i-------------
100.00'CURB 9.40 940.00
-- ~ #2 -------------
100.00'CURB 9.40 940.00
148.20'SF DR APPR 4,06 60169
1541.69
1541 69
A
--~ #3--------------
100.00'CURB 9.40 940.00
940.00
P H AHLER SURVEY
ADJUSTED:RESIDENCE
940.00
- 2-
OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT
------------------------- ------ -------- -'-- ------
-- - ---------
000003730018 ~PertY ~
VANNARETH ETAL
TEMPRACHANH
2324 LYNNHAVEN RD A
FT WORTH TX 76103 95.00'CURB 9.40 893.00
ASST 33 TR 47D
20$ TAD OF $32,100=$6420
893.00
P H AHLER SURVEY
ADJUSTED:RESIDENCE
----------------------------
000003729966
TRACEY N SMITH
4624 MEADOWBROOR DR
FT WORTH TX 76103
ABET 33 TR 47
20$ TAD OF $20,000=$4000
P H AHLER SURVEY
ADJUSTED:RESIDENCE
----------------------'-----
000000815926
GUNDA D 0 RIRR
4'700 MEADOWBROOR DR
FT WORTH TX 76103
BLR 4 LOT 1
20$ TAD OF $50,500=$10,100
EDGEWOOD PLACE ADDITION
ADJUSTED:RESIDENCE
--- ProPenY #5-------------
A
120.00'CURB
-------------------------
Property ~f6
A
188.00'CURB
9.40 1128.00
1128.00
9.40 1767.20
1767.20
ASSESSMENT
893.00
1128.00
1767.20
-3-
n _
OWNER & LEGAL DESCRIPTION ZONING
000000815934
ARTHUR FALK JR
4701 MORRIS AVE A
FT WORTH TX 76103
BLK 4 LOT lA
20~ TAD OF $30,400=$6080
1739.00
EDGEWOOD PLACE ADDITION
ADJUSTED:RESIDENCE
MORRIS AVENUE INTERSECTS
----------------------------
000000836990
RAY M ETUX
GLADYS HOOTON
4700 MORRIS AVE
FT WORTH TX 76103
BLK 1 LOT lA
20$ TAD OF $39,700=$7940
A
-------------------------
Property #8
185.00'CURB 9.40 1739.00
1739.00
1739.00
EDGEWOOD PLACE ADDITION
ADJUSTED:RESIDENCE
FRONTAGE RATE AMOUNT ASSESSMENT
-------- ---- ------ ----------
-------------------------
Property #7
185.00'CURB 9.40 1739.00
1739.00
-4-
LYNNHAVEN ROAD (Norma Street to Meadowbrook Drive)
PROJECT NO.111-040388
COST DISTRIBUTION
A. COST TO PROPERTY OWNERS ................ ............... .....S 10,687.89
B. COST TO THE CTTY~OF FORT WORTH.... .... .... ........$ 96,936.11
Street Improvements... ................ ....$87,152.11
Engr.Insp./Admin ......... ....................... .$ 9,784.00
(10% Estimated Project Cost of $97,840.0
C. TOTAL ESTIMATED PROJECT COST...... .... ..............$107,624.00
The Policy states that the total assessment against residential properties on
local streets shall be no more than twenty percent (2096) of the amount that
the property (including improvements) is currently appraised by the Tarrant
Appraisal District, and, no more than forty percent (4096) for non-residential
property in CDBG target areas.
-5-
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11 /12/96 20BHLYNN 1 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF LYNNHAVEN ROAD FROM
NORMA STREET TO MEADOWBROOK DRIVE (PROJECT NO 1 1 1-040388)
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 Lynnhaven Road from
Norma Street to Meadowbrook Drive
DISCUSSION
The 1993 Capital Improvement Program included funds for the improvement of Lynnhaven Road
from Norma Street to Meadowbrook Drive This is a local street, therefore, under the revised
Assessment Paving Policy, assessments are proposed only for curb and gutter and driveway
approaches where none currently exist The street is located in a qualified target area and has
previously been constructed to City standards Community Development Block Grant (CDBG)
Funds will not be utilized to provide a portion of the construction cost for residentially used
property
Lynnhaven Road will be constructed with standard concrete pavement Standard concrete
driveways and sidewalks will be built where shown on the plans
On October 8, 1996, (M&C G-11635), the City Council established November 12, 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
Printed on Recyded Paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
11 /12/96 REFERENCE NUMBER
BH-0165 LOG NAME
20BHLYNN PAGE
2 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF LYNNHAVEN ROAD FROM
NORMA STREET TO MEADOWBROOK DRIVE (PROJECT NO 1 1 1-040388)
Property owner's share of cost 5 10,687 $9 ( 10%)
City's share of cost 5 96,936 11 ( 90%)
Total cost 5107,624 00 (100%)
There are no unusual situations on this project that require special City Council consideration
This project is located in COUNCIL DISTRICT 5
MG m
Submitted for City Manager's FUND ACCOUNT CENTER AM UNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPIl®VG~
Originating Department Head: , p
CIT
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Hugo A. Malanga 7800 (from)
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or trona ormahon
Contact: ~ , ~ ~ ~~~ J
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Hugo A. Malanga 7800 wt/
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City of Fort Woith,'teaan
Printed on Recyded Paper ~~ ~~
Adopted Qrdinance No.