HomeMy WebLinkAboutOrdinance 10479r
ORDINANCE NO. ~~ ~~
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF NORTHSIDE DRIVE, FROM JACKSBORO HIGHWAY TO
GRAND AVENUE, ArTD 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 SUCH ASSESSMENTS AND THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING
UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT
OF THE RESPECTIVE ASSESSMENT 'I'0 THE EXTENT OF ANY CREDIT GRANTED;
DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY
COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF
FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF
SAID CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth, Texas, has heretofore declared the necessity
for and ordered that each of the hereinafter described portions of streets, avenues
and public places in the City of Fort Worth, Texas, be improved by raising, grading,
and filling same and by constructing thereon to-wit:
NORTHSIDE DRIVE From Jacksboro Highway to Grand Avenue known and
and designated as Project No. 67-023208-00 is
proposed to be improved by constructing an
eight-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 double
thirty-six foot wide with a seven foot wide
median in a variable Right-of-Way. Six-inch
thick concrete driveway approaches will be
constructed where shown on the plans.
-1-
~. tr Ft.
i
The above together with combined concrete curbs and gutter on proper grade and line
are not already so constructed, together with storm drains and other necessary
incidentals and appurtenances; all of said improvements are to be so constructed as
and where shown on the plans and in strict accordance with the Plans and
Specifications therefore. Funds have been allotted and a contract has been made and
entered into with Harrod Paving Company, for the making and construction of such
improvements on the above said portion of streets, avenues and public places.
WHEREAS, estimates of the cost of the improvements of each such portion of
streets, avenues and public places were prepared and filed and approved and adopted by
the City Council of the City, and a time and place was fixed for a hearing and the
proper notice of the time, place and purpose of_ said hearing was given and said
hearing was had and held at the time and place fixed therefore, to-wit, on the 2nd day
of Janua , 1990 at 7:00 P.M., in the Council Chamber in the City Hall in the Cif of
Fort Worth, Texas, and at such hearing the City Council heard any protests and
objections which were made by the abutting owners in connection with the assessments
to be levied.
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT
I.
The benefit hearing for the assessment for paving and other improvements to,
Northside Drive is hereby closed and all protests and objections, if any, to the
assessments levied are hereby overruled.
II .
The City Council, from the evidence, finds that the assessments herein should
be made and levied against the respective parcels of property abutting upon the said
portions of streets, avenues and public places and against the owners of such
property, and that such assessments and charges are right and proper and are
substantially in proportion to the benefits to the respective parcels of property by
means of the improvements in the unit for which such assessments are levied, and
establish substantial justice and equality and uniformity between the respective
owners of the respective properties, and between all parties concerned, considering
the benefits received and burdens imposed, and further finds that in each case the
abutting property assessed is specially benefitted in enhanced value to the said
property by means of the said improvements in the unit upon which the particular
property abuts and for which assessment is levied and charge made, in a sum in excess
of the said assessment and charge made against the same by this ordinance, and further
finds that the apportionment of the cost of the improvements is in accordance with the
law in force in this City, and the proceedings of the City heretofore had with
reference to said improvements, and is in all respects valid and regular.
III.
"There shall be, and' is hereby, levied and assessed against the parcels of
property described in the attached Exhibit A dated November, 1989, and against the
real and true owners thereof (whether such owners are correctly named or not), the
sums of money itemized opposite the description of the respective parcels of property
and the amounts against them and the owners thereof, as far as such owners are known."
-2-
ti,,
A. ~ f
IV.
Where more than one person, firm or corporation owns an interest in any
property above described, each said person, firm or corporation shall be personally
liable only for its, her or his pro rata of the total assessment against such property
in proportion as its, his or her respective interest in such property may be released
from the assessment lien upon payment of such proportionate sum.
V.
The several sums above mentioned and assessed against the said parcels of
property, and the owners thereof, and interest thereon at the rate of eight percent
(8~) per annum, together with reasonable attorney's fees and costs of collection, if
incurred, are hereby declared to be and are made a lien upon the respective parcels of
property against which the same are assessed, and a personal liability and charge
against the real and true owners of such property, whether such owners be correctly
named herein or not, and the said liens shall be and constitute the first enforceable
lien and claim against the property on which such assessments are levied, and shall be
a first and paramount lien thereon, superior to all other liens and claims, except
State, County, School District, and City ad valorem taxes.
The amounts assessed against the abutting properties and the owners thereof
shall constitute a first and prior lien upon such properties and personal liability of
the owners thereof and shall be payable upon the acceptance by the City of Fort Worth
of the Project after its completion. Said assessments shall be due and payable on or
before thirty days (30) after the acceptance by the City of Fort Worth of the Project,
except that, if the abutting owner so elects, by complying with the terms hereinafter
set forth, said assessments may be paid in installments. Said assessments may be paid
in five (5) equal, consecutive annual installments, the first installment to be due
and payable no later than thirty (30) days after the acceptance by the City of Fort
Worth of the Project, and each subsequent installment to be due and payable on an
annual basis on each consecutive anniversary date of the acceptance of the Project; in
the alternative, said assessments may be paid in forty-nine (49) equal consecutive
monthly installments, the first installment to be due and payable no later than thirty
(30) days after the acceptance by the City of Fort Worth of the Project. Any owner
electing to pay the assessment in installments, as provided for herein, as a condition
precedent to .such election, must execute a promissory note and mechanic's and
materialman's lien contract evidencing the owner's intent to pay the assessment in
accordance with the terms of one of the alternatives hereinabove set forth. In any
case in which the owner elects to pay the assessment in installments under either of
the alternatives specified, the assessment shall bear interest from the date of
acceptance of the Project at the rate of eight percent (8~) per annum. 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 the same to be
immediately due and payable; this and other 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 owners executing the contract.
In addition, the City Attorney shall have the authority to authorize terms of
payment different than those specified herein when the Director has previously
determined that an extreme financial hardship exists.
-3-
,.A
V~.
L
If default shall be made in the payment of any assessment, collection thereof
shall be enforced either by the sale of the property by the Assessor and Collector of
Taxes of said City as near as possible in the same manner provided for the sale of
property for the non-payment of ad valorem taxes, or at the option of the City of Fort
Worth, or its assigns, payment of said sums shall be enforced by suit in any court of
competent jurisdiction, or as provided in any mechanic's or materialman's contract as
aforesaid, and said City shall exercise all of its lawful powers to aid in the
enforcement and collection of said assessments.
VII.
The total amount assessed against the respective parcels of abutting property,
and the owners thereof, is in accordance with the proceedings of the City relating to
said improvements and assessments thereof, and is less than the proportion of the cost
allowed and permitted by the law in force in the City.
VIII.
Although the aforementioned charges have been fixed, levied, and assessed in
the respective amounts hereinabove stated, the City Council does hereby reserve unto
itself the right to reduce the aforementioned assessments by allowing credits to
certain property owners where deemed appropriate. Notwithstanding the City Council
has herein reserved the right to issue credits, it shall not be required to issue
credits, and will not do so, if same would result in inequity and/or unjust
discrimination.
The principal amount of each of the several assessment certificates to be
issued by the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and
determined by deducting from the amount of any assessment hereinabove levied such
amount or amounts, if any, as may hereafter be allowed by the City Council as a credit
against the respective assessments.
IX.
For the purpose of evidencing 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 the enforcement and collection thereof, assignable certificates
in the principal amount of the respective assessments less the amount of any
respective credit allowed thereon, shall be issued by the City of Fort Worth, Texas,
upon completion and acceptance by the City of the improvements in each unit of
improvement as the work in such unit is completed and accepted, which certificates
shall be executed by the mayor in the name of the City and attested by the City
Secretary, with the corporate seal of the City impressed thereon, and shall be payable
to the City of Fort Worth, or its assigns, and shall declare the said amounts, time
and terms of payment, rate of interest, and the date of the completion and acceptance
of the improvements abutting upon such property for which the certificate is issued,
and shall contain the name of the owner or owners, if known, description of the
property by lot and block number, or front feet thereon, or such other description as
may otherwise identify the same; and if the said property shall be owned by an estate,
then the description of same as so owned shall be sufficient and no error or mistake in
describing any property, or in giving the name of the owner, shall invalidate or in
anywise impair such certificate, to the assessments levied.
n
.. r
The certificates shall provide substantially that if same shall not be paid
promptly upon maturity, then they shall be collectable, with reasonable attorney's
fees and costs of collection, if incurred, and shall provide substantially that the
amounts evidenced thereby shall be paid to the Assessor and Collector of Taxes of the
City of Fort Worth, Texas, who shall issue his receipt therefore, which shall be
evidence of such payment on any demand for the same, and the Assessor and Collector of
Taxes shall deposit the sums so received by him forthwith with the City Treasurer to
be kept and held by him in a separate fund, and when any payment shall be made in the
City the Assessor and Collector of Taxes upon such certificate shall, upon
presentation to him of the certificate by the holder thereof endorse said payment
thereof. If such certificate be assigned then the holder thereof shall be entitled to
receive from the City Treasurer the amount paid upon the presentation to him of such
certificate so endorsed and credited; and such endorsement and credit shall be the
Treasurer's Warrant for making such payment. Such payments by the Treasurer shall be
receipted for the holder of such certificate in writing and by surrender thereof when
the principal, together with accrued interest and all costs of collection and
reasonable attorney's fees, if incurred, have been paid in full.
Said certificates shall further recite substantially that the proceedings with
reference to making the improvements have been regularly had in compliance with the
law, and that all prerequisites to the fixing of the assessment lien against the
property described in such certificate and the personal liability of the owners
thereof have been performed, and such recitals shall be prima facie evidence of all
the matters recited in such certificates, and no further proof thereof shall be
required in any court.
Said certificates may have coupons attached thereto in evidence of each or any
of the several installments thereof, or may have coupons for each of the first four
installments, leaving the main certificate to serve for the fifth installment, which
coupons may be payable to the City of Fort Worth, or its assigns may be signed with
the facsimile signatures of the Mayor and City Secretary.
Said certificates shall further recite that the City of Fort Worth, Texas shall
exercise all of its lawful powers, when requested so to do, to aid in the enforcement
and collection thereof, and may contain recitals substantially in accordance with the
above and other additional recitals pertinent or appropriate thereof, and it shall not
be necessary that the recitals be in the exact form above set forth, but the substance
thereof shall be sufficient. The fact that such improvements may be omitted on any
portion of any of said units adjacent to any premises exempt from the lien of such
assessments shall not in anywise invalidate, affect or impair the lien of such
assessments upon other premises.
X.
Full power to make and levy reassessments and to correct mistakes, errors,
invalidities or irregularities, either in the assessments or in the certificates
issued in evidence thereof, is, in accordance with the law in force in this City,
vested in the City.
XI .
All assessments levied' are a personal liability and charge against the real and
true owners of the premises described, notwithstanding such owners may not be named,
or may be incorrectly named.
-5-
., ,
XII.
The assessments so levied are for the improvements in the particular unit upon
which the property described abuts, and the assessments for the improvements in any
unit are in nowise affected by the improvements or assessments in any other unit, and
in making assessments and in holding said hearing, the amounts assessed for
improvements in any one unit have been in nowise connected with the improvements or
the assessments therefore in any other unit.
XIII .
The assessments levied are made and levied under and by virtue of the terms,
powers and provisions of an Act passed at the First Called Session of the Fortieth
Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and
now shown as Article 1105b of Vernon's Texas Civil Statutes, which Act has been adopted
as an amendment to and made a part of the Charter of the City of Fort Worth, Texas.
XIV.
The City Secretary is hereby directed to engross and enroll this ordinance by
copying the caption of same in the Minute Book of the City Council of Fort Worth,
Texas, and by filing the complete Ordinance in the appropriate Ordinance Records of
said City.
XV.
This ordinance shall take effect and be in full force and effect from and after
the date of its passage and it is so ordained.
PASSED AND APPROVED this _ ,Q~~ day of __ ~ lg
APPROVID AS TO FORM AND LEGALITY:
s
«~(~, City Attorney
-6-
14/.
» ,
~:2
11/
2i :0
22 8
B
23 ~
2~
/ \~ ,~
,~ ,. 3~ 13
?~?~ SaP' 6~ i~
G~~`
\ 9
s ~ : ~ S~,
,/ ~ 3
11~
i S0 c
9
e ~ ~0 ~ i
•5415 ~~ FyGF
16 5
S~~~e1'. • 3
/SS __ 2 S
dqc ~
'~S~
O'PO
y'~+'~
OP
/ i ~
EXHIBIT A
NOVEMBER 1989
i
Q-
BOA
2 i3 ~ ~J ~_„
A
~ 5 6
~ r
SS i4 13 9 1'2I~3~,W 9~g'7~
-' r ~
i2 11
~eRRgCE 109 Ss 1~ is ig, Sa 1312 ti So
e I
9y3 sT
10
Si iz3 1
~ 2'~ 3' ~ r ~j 6 7, 8 ( 9 10! 13
NDRTHSIDE DRIVE
JACKSBORO HWY TO GRAND AVENGE
PROJECT NOo 67-023208-00
TR 1
~
~~ ~
i
6 ~i9/
?0
~C
'
;"
i
~ 2 S
2z
~ 2
~,
~2C
~1
22 i3
22
23
2
7
20
21 16
15
22
~
23 /
2i 1~
q
e ~
~
,35
Sa
i3 ,B
"c9
'qL
:~ 12~
i 30
3 3 ,
5
~~
PROJECT. NO 67-023208-00, NORTHSI;DE DRIVE, F:;OM JACKSBORO HIGHWAY TO GRAND AVENUE, to~be
~'~ improved by constructing an eight-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
%'dr roadway will be a double thirty-six foot wide with a seven foot wide median on a variable
Right-Of-Way Six-inch thick concrete driveway approaches will be constructed where shown on
the specifications
OYINER b LEGAL DESCRIPTION
BEGINNING AT JACKSBORO HWY
--------------------------
EASTSIDE
000001917153
DEBBIE MAE WINKLER
1224 JACRSBORO HWY
FT WORTH TX 76114
fiLK 134 LOT 3
BLK 137 LOTS 1, 2, 17
ZONING FRONTAGE RATE
NORTH FORT WORTH ADDITION
-------------------------
C
AMOUNT
229 00'PAVEMENT 64.15 14690.35
213 00'CURB 2 87 611.31
15301.66
Less Credit 4589.14
10712 52
ENHANCEMENT 9,160000
ADJUSTED *, ~, VACANT LOTS
BEGINNING AT GRAND AVE
WESTSIDE
000004687701
FRED C DODSON
1401 GRAND AVE
FT FiOP,Ti~i TX 76106
BLK 133 1/2 LOTS 1, 24
C
BELMONT TERRACE ADDITION
-------------------------
310.00'PAVEMENT
310.00'CURB
350 65'SF DR APPR
64 15 19886.50
2.87 889 70
2.68 939.74
21715.94
Less Credit 6436 35
15252.59
P.DJUSTED #, APARTMENTS AND BUSINESS
ENHANCEMENT 13,339,74
ASSESSMENT
91b0 00
13339.74
-1-
S
;;.
NORTHSIDE DRIVE, FROM JACRSBORO HIGH[~IAY TO GRAND AVENUE
COST DISTRIBUTION
A COST TO PROPERTY OWNERS. .. ... ..... ..
B COST TO CITY OF FORT WORTH ..
Street Construction ... $153,580 26
Engr Insp /Admin .$ 8,804.00
(5$ of bid $176,080 00)
$ 22,499 74
5162,384 26
C TOTAL ESTIMATED PROJECT COST... ... .. .. ............$184,884.00
LEGEND
Credit for curb inlet
# Per City Policy Section 2D, Page
30$ for the current life of the p.
Pavement Cost $64 15 X 70~
Curb Cost S 2 87 X 70~
Driveway approach $ 2.68 X 705
-2-
~.
VI-6, the property owner will be credited
3vement, curb and driveway approach
_ $44.91
_ $ 2 O1
_ $ 1 88
MASTER FILE 1
ACCOUNTING 2
TRANSPORTATION~PUBUC 1fP RC -@,,.,~~®~ Y~~ ~®~~~~ ]J ,/'~®~~~~ 5~~~~®~
NAFER~hOtdINISTRATiON b ,~1A/// ~i~7.WN (l(/~ (lam/ (mG
R.AM•1
~~Y/CU-~
DATE REFERENCE SUBJECT DtlVtr:ll 11tHKlIVG I"UK lHE PAGE
NUM6ER ASSESSMENT PAVING OF NORTHSIDE 2
1-2-90 G-8391 DRIVE FROM JACKSBORO HIGHWAY TO 1°r
R N A • NUE
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance closing the
benefit hearing and levying assessments as proposed, finding that in each
case the abutting property is specially benefited in enhanced value in an
amount equal to or greater than the amount assessed for the improvements of
Northside Drive from Jacksboro Highway to Grand Avenue.
DISCUSSION
pity of 1Fort worth, ~e~~~
On July 12, 1988 (M&C G-7641), the City Council authorized the design of
improvements to Northside Drive from Jacksboro Highway to Grand Avenue. Staff
determined that this section of Northside Drive was in need of reconstruction
and not suitable for maintenance practices.
Necessary improvements to this pavement section, coupled with a recent
resurfacing project, will provide the Northside Area with a substantially
enhanced thoroughfare extending from Jacksboro Highway to Cold Springs Road.
The reconstruction of Northside Drive from Cold Springs Road to I,-35W is
currently under design.
On Decernber 5., 1989 (M&C C-12027), the City Council awarded the construction
contract for this project and established January 2, 1990, as the date of the
benefit hearing. Notices have been given in accordance with Article 1105b,
Vernon's Annotated Civil Statutes.
This project is located in Council District No. 2.
PROPOSED IMPROVEMENTS.
It is proposed to`improve this segment of Northside Drive by constructing an
eight-inch thick reinforced concrete pavement with seven-inch high attached
concrete curb on a six-inch thick lirne stabilized subgrade, so that the
finished roadway will be double thirty-six feet wide on a variable width
right-of-way. Six-inch thick concrete driveway approaches will be constructed
where shown on the plans.
ASSESSMENTS:
An independent appraiser has advised the staff as to the amount of
enhancement to property values that will result from the proposed
improvements. Based on standard City policy, the low bid prices, and the
advice of the independent appraiser, the cost of construction has been
computed at $22,499.74 (12X) for the property owners and $162,384.26 (88X)
for the City of Fort Worth at large.
DATE REFERENCE
NUMBER SUBJECT
ASSESSMENT PAVING OF NORTHSIDE PAGE
2 2
1-2-90 G-8391 DRIVE
FROM JACKSBORO HIGHWAY TO °` -~
_
RAND AVENUE -
The independent appraisal substantiates that, as a result of" the proposed
construction, each parcel of adjacent property will be enhanced in value by
an amount equal to or greater than the proposed assessment.
WWW.d
APPROVED BY
CITY COUNCIL
JAN ~ i99~
~t~ ~~
c~~g s~~{~ ~ i~:a
Cz ~- cf ~'oz" 4?~nxtli, Texas
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY Wi 11 i
W
DISPOSITION COUNCIL.
PROCESSED BY
am . Wood APPROVED
ORIGINATING (] OTHER (DESCRIBE)
DEPARTMENT HEAD•
CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Martha Lunda x8063 DATE