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Home My WebLink AboutOrdinance 12760f f ~~ + ORDINANCE NO /~ AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF NORMA STREET (QUEEN STREET TO TIERNEY ROAD), 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 S ORDINANCE 1N THE ORDINANCE RECORDS OF THE CITY, AND PROVIDING AN EFFECTIVE DATE. I WHEREAS, the City of Fort Worth, Texas, has declared the necessity for and ordered that each of the follov~nng portions of streets, avenues and public places be improved by raising, grading, filling and constructing thereon. NORMA STREET from Queen Street to Tierney Road; known and designated as Project No. 111-040390, to be improved by constructing asix- 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 thirty 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. WHEREAS, concrete curbs and gutters on proper grade and line, storm drains, and other appurtenances shall be constructed. 1 .~ . 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 Crty 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 Crty of Fort Worth, and at the hearing the Council permitted all interested parties a full and fair opportunity to be heard. WHEREAS, the Crty 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,Crty 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 m accord with city ordinances, and (vii) that the proceedings of the city for the improvements are valid. III. 2 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 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 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 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 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 m installments, must execute a promissory note and mechanic's and materialman's hen contract evidencing the owner's intent to pay the assessment in accord v~nth 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 V Materialmen's lien contract and shall be uniform among all abutting property owners executing an 3 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 mechamc'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. 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, 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 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 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 known, and the description of the property by lot and block number, front feet, or as may otherv~nse 4 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 it 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 v~nth 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 pnncipal, 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 m certificate and against personal habihty 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 m 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 Crty 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 m any exact form, but m 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 habihty 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 mvahdate the lien or habilrty 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 m 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 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 Crty XV The ordinance shall take effect and be in full force after the date of its passage, and rt is so ordained. 6 PASSED AND APPROVED this _11~~~ day of .~.. 19~ APPROVED AS TO FORM AND LEGALITY: GN~Gd~~ t%/I~ City Attorney Date• Adopted:~~~j j~ - ~~ Effective: 7 ~5 • 1'. NORMA STREET (Queen Street to Tierney Road) Project Na_ 111-040390 Exhibit A NORMA STREET (Queen Street to Tierney Road) PROJECT NO. 111-040390 Norma Street (Council District 5) 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. 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. EDGEWOOD PLACE ADDITION Block 2 Lots E1, E2, 4C, 7D, 7E, 8A, lOC NORMA COURT ADDITION Block 1 Lots 1, 2, 10 LEROY BLACK SUBDIVISION Lots 1, 2, 3, 4, SA, SB, 6A -1- PROJECT N0. 111-040390., NORMA STREET, FROM QUEEN STREET TO TIERNEY ROAD, 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 stabilised subgrade so that the finished roadway will be thirtp 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 ZONING ------------------ ------ FRONTAGE -------- RATE ---- AMOUNT ASSESSMENT ------ ---------- ------- BEGINNING AT QUEEN STREET ----------------- ---- ---------------------------- NORTH SIDE ---- Pr°perty #1 000000815349 ROBERT H KING JR 4907 NORMA ST B FT WORTH TX ?6103 BLK 2 LOT D 20$ TAD OF $25,300=$5060 93.95'SF DR APPR 4.06 381.44 32.00 SF SDWK(N) 3.03 96.96 478.40 478.40 EDGEWOOD PLACE ADDITION ADJUSTED:RESIDENTIAL 000000815381 ~'°P~'h' ~ CLIFFORD J ETUX C K BODIFORD 4909 NORMA ST B FT WORTH TX 76103 BLK 2 S1/2 LOT 3 93.95'SF DR APPR 4.06 381.44 20$ TAD OF $31,500=$6300 381.44 381 44 EDGEWOOD PLACE, ADDITION ADJUSTED:RESIDENTIAL ---------------------------- ------------- 000000815446 Property #3 DAVID G WENDY R BELL 4917 NORMA ST B FT WORTH TX 75103 BLK 2 LOT 4D 93.95'SF DR APPR 4.06 381.44 20~ TAD OF $28,700=$5740 381.44 EDGEWOOD PLACE ADDITION ADJUSTED:RESIDENTIAL 381.44 -2- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT ------------------------- ------ -------- ---- ------ ---------- ---------------------------- ------------------------- 000000815454 ~0~~' ~ DARCE & DIANE HUTCHE 1645 TIERNEY RD B FT WORTH TX 76112 BLK 2 S1/2 LOT 5 93.95'SF DR APPR 4.06 381.44 20$ TAD OF $26,300=$5260 381.44 381 44 EDGEWOOD PLACE ADDITION ADJUSTED:RESIDENTIAL ---------------------------- 000000815500 ---------------------- ~'°p~y #5 --- TONY SMITH 5009 NORMA ST B FT WORTH TX 76103 BLK 2 W56' S180' LOT 6 93.95'SF DR APPR 4.06 381.44 20$ TAD OF $23,650=$4730 381.44 381.44 EDGEWOOD PLACE ADDITION ADJUSTED:RESIDENTIAL ---------------------------- 000000815489 ---------------------- Pr°Pert}' ~ --- IRMA A RODIRGUEZ 5013 NORMA ST B FT WORTH TX 76103 BLK 2 E56' S180' LOT 6 93.95'SF DR APPR 4.06 381.44 205 TAD OF $34,700=$6940 381.44 381.44 EDGEWOOD PLACE ADDITION ADJUSTED:RESIDENTIAL -3- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT --------------------------- 000000815608 - --------------------- Pr°peity #7 ---- WELDON L CHERRY 5033 NORMA ST B FT WORTH TX 76103 BLK 2 LOT 9 ~ 93.95'SF DR APPR 4.06 381.44 20$ TAD OF 30,000=$6000 381.44 381.44 EDGEWOOD PLACE ADDITION ADJUSTED:RESIDENTIAL BEGINNING AT TIERNEY ROAD --------------------------- SOUTH SIDE - --------------------- Pr°perty #8 ---- 000003659879 KHANH HOANG PHUONG 7420 VANESSA DR B FT WORTH TX 76112 LOT 1 148.20'SF DR APPR 4.06 601.69 20$ TAD OF 529,100 =$5820 601.69 601.69 WOODWARD SUBDIVISION ADJUSTED:RESIDENTIAL --------------------------- 000003659887 - --------------------- ~OP~Y ~ ---- JACI( CARTER EST C/0 LAWRENCE CARTER 810 HOUSTON ST STE 1100 B FT WORTH TX 76102 LOT 2 93.95'SF DR APPR 4.06 381.44 20$ TAD OF $17,700=$3540 381.44 381.44 WOODWARD SUBDIVISION ADJUSTED:RESIDENTIAL -4- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT 000003659917 Property #10 JAMES C SMITH & E D FAULKNER 5036 NORMA ST B FT WORTH TX 76103 82 00'CURB 9.40 770.80 LOT 5 93 95'SF DR APFR 4.06 381.44 20$ TAD OF $31,900=$6380 1152 24 1152 24 WOODWARD SUBDIVISION ADJUSTED RESIDENTIAL ---------------------------- 000003659925 ---------------------- Property #11 --- MILFORD & JANICE RAYFORD 841 NEWPORT $ FT WORTH TX 76120 80 00'CURB 9.40 752 00 LOT 6 20$ TAD OF $44,400=$8880 752.00 752.00 WOODWARD SUBDIVISION ADJUSTED:RESIDENTIAL ---------------------------- 000000927724 --------------------- Property #12 ---- ROBERT E LEE JR 5026 NORMA ST B FT WORTH TX ?6103 75.00'CURB 9.40 705.00 BLK 9 LOT A 20$ TAD OF $27,900=$5580 705.00 705.00 FIDELITY TRUST CO SUB ADJUSTED:RESIDENTIAL -5- OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT 000006404650 Property #13 THOMAS M ETUX JANET R KENNEDY 5024 NORMA ST B FT WORTH TX 76103 81 00'CURB 9 40 761 40 BLR 9 LOT B2 20$ TAD OF $35,700=$7140 7 61 40 761 40 FIDELITY TRUST CO SUB ADJUSTED'RESIDENTIAL 000003729788 Property #14 GUY 0 5TROTHER 5016 NORMA ST B FT WORTH TX 76103 30 00'CURB 9 40 282 00 ABST 33 TR 43 20~ TAD OF $35,400=$7080 282.00 P H AHLER SURVEY ADJUSTED:RESIDENTIAL 282.00 -6- NORMA STREET (Queen Streei fo T lerney Road} PROJECT NO. 1 Z 1-040390 COST DISTRIBUTION A. COST TO PROPERTY OWNERS ................................. .........$ 7,402.81 B. COST TO THE CITY OF FORT WORTH ................................ S i 72,656.19 Street Impra~vementa .................................5156,287. i9 Eng. Insp./Admin .......... .......................$ 16,369 00 (10% Estimated Project Coat of $163,690.00) C. TOTAL ESTIlViATED FROJECT COST...... ........... .. ......$ 180,059 00 1'he 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. -7- City of Fort Wordy Texas Mayor and Council Communication DATE 11 /12/96 REFERENCE NUMBER BH-0166 LOG NAME' 20BHNORM PAGE 2 of 2 SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF NORMA STREET FROM QUEEN STREET TO TIERNEY ROAD (PROJECT NO 1 1 1-040390) Property owner's share of cost S 7,402 81 ( 4%) City's share of cost S 172,656 19 1 96%) Total cost S 180,059 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 CE R AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED Originating Department Head: (~+~~ ~~~ (~[~~~ v t ~,j' ~ ( Hugo A. Malanga 7800 (from) ,f y ~ Q ~ 1\~V ~:'ir ~".~c' or ttona ormatton Contact:. ~~_ ' _ t ~~~ f ~~ Hugo A. Malanga 7800 City of Fort Worth. Tema Printed on Re~yded Paper Adopted Ordinance f~o.~~~ _