HomeMy WebLinkAboutOrdinance 10417ORDINANCE N0. ~ d
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF, PENSACOLA AVENUE FROM OLD BENBROOK ROAD
TO U.S. HIGHWAY 377, AND PORTIONS 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 TO 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 ordered that each of the
hereinafter described portions of streets, avenues and public places in the City
Fort Worth, Texas, be improved by raising, grading, and filling same and by
constructing thereon to-wit
PENSACOLA AVENUE From Old Benbrook Road to U S Highway 377, known
and designated as Project No 67-040168-00, to be
improved by constructing a six-inch thick
reinforced concrete pavement, with a seven-inch
high attached concrete curb on a six-inch lime
stabilized subgrade so that the finished
roadway will be thirty feet wide on a fifty foot
Right-Of-Way
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. A contract has been made and entered into
with JAMES W. JACKSON, INC. 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 17th
day of October, 1989 at 10:00 A:M., in the Council Chamber in the City Hall in the
City 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 Pensacola Avenue, 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
saidportons 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 herein below mentioned, and against the real and true owners thereof (whether
such owners be correctly named herein or not) the sums of money itemized below opposite
the descrigtion of the respective parcels of property and the several amounts assessed
against the same, and the owners thereof, as far as such owners are known, being as
fO110WS'
- 2-
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 Iien
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_
VI.
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 Iess 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 black 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.
_ 4_
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
facsmile 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
necessry 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 premised exempt from the lien of such
asessments 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 o€ 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 ~ ~~ day of 19~.
APPROVED AS TO FORM AND LEGALITY.
City Attorney
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PENSALbLA AVf~JCTE
(OLD BENBROOK ROAD TO HWY-377)
PROJECT NOo 67-040168-00
JUNE 1989
7~?SECT NO. 67-040168-00, PEiJSACOLA AVEN[JE, FROF1 OLD BENBROOK ROAD TO U.S. 377, is to be
improved by constructing a six-inch thick reinforced concrete pavement with a seven-inch high
attached concrete curb on a six-inch thi.;k lime stabilized subgrade so that the finished road-
way will be thirty feet wide on a fifty foot right-of-way.
T7'I~R & LEGAL DESCRIPTIOi1
OLD 3Ei1BR00K 13~AD
:JORTH SIDE
000005536243
~•~FtRET1 COURT .7V
Ai'1"~1: VERNE GARRISOi1
910 HOUSTOi1
FT 670RTH TX 76102
RLK 22 IIJT 1R
ZO^7Ir1G Fr`ifJNTAGE RATE
RIDGECREST ADDITION
316.00'AD7USTED:
C 286.00' PAVEriE,'~TT 35.85
270.00'CURB 3.11
ANIOCTIII' ASSESSi9EC]T
10253.10
839.70
11092.80
ADJUSTED: *,** VACANT LOT
000002387301
FRAIJK W MADDOX
4014 4JfiITE SEITLEM1IETIT E
FT WORTH TX 76107
BLK 22 LOT 18
RIDG~CREST ADDITION
210.00'AD7USTED:
180.00'PAVFMENT 35.85
170.00'CURB 3.11
11092.80
6453.00
528.70
6981.70
AATUSTED: *,** BUSINESS
STATE HLJY 377 Ii1TERSECTS
;:XJTI i 3I DE
0000023874613
}-n~JK W !~IADDOX
4014 WHITE SE'ITLENIENT
FI' ~dORTH TX 76107
3LK 23-R IAT 13
RIDGECREST ADDITLOr1
209.00'ADJUSTED:
E 179.00'PAVEMF~TT
174.00'CURB
35.85
3.11
6981.70
6417.15
541.14
6958.29
ADt7USTED: * . ** BUSIl~.SS
69 58.29
-1-
~"1ER & LEGAL DESCRIPTION ZONIrIG
OL,D ~~r~sROOr. READ
SOUTH SIDE
000004433254
FRANx w ti~ESTwnaD Apr
X208 AIRPORT F~JY C
FT ~aORTH TX 76117
BIK 23R LOT 1
P"ROTTTAGE
RIDGECREST ADDITION
RATE AMOUNT AssESSr~r~r
328.00'ADJUSTED:
298.00 ' PAVENIEI~Tr
244.00'CURB
35.85 10683.30
3.11 758.84
11442.14
ADJUSTED: *,** `~~
11442.14
-2-
.~ ~
PENSACOLA AVENUE
COST DISTRIBUTION:
A. Property Owner
3. ~'~rt jJorth City
Constriction $ 22,297.57
Engr Insp I Admin $ 2,938.63
(5$ of bid $58,72.50)
C'. TOTAL ESTIMATED P}3~.7F~C C c,US T
LECE[~ID
* Curb inlet c~rNa ~ t
** Credit for 30' Drainage Easement
$ 36,474.93
$ 25,236.20
$ 61,711.13
-3-
NAlff!R FfLf9•f
ACCOUNTINa•-2 ~~ ®U ~{.iW~~ ~./®!1/lY~11.~1(~~ ~./®~~(Li1L~((~!1/~{..Wl~(l~®~
lRANSf OR7AYION~t+UBLIC WORKB•r
r~TERADNlN18 DATE ~ REFERENCE SUBJECT BENEFIT HEARING FOR THE PACE
NUMBER
~~.~ ASSESSMENT PAVING OF PENSACOLA 2
10-17-89 G-8277 AVENUE FROM OLD BENBROOK-ROAD TO 1of
U.S. HIGHWAY 377
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
_ Pensacola Avenue from Old Benbrook Road to U.S. Highway 377.
DISCUSSION•
The 1986-88 Capital Improvement Program approved in March, 1986, included
funds for the improvement of Pensacola Avenue from Old Benbrook Road to U.S.
Highway 377. Pensacola Avenue abuts commercial property only.
On August 22, 1989 (M&C C-11824), the City Council awarded the construction
contract and established October 17, 1989, as the date of the benefit
hearing. Notices have been given in accordance with Article 1105b, V.A.C.S.
This project is located in Council District No. 3.
PROJECT DESCRIPTION
STREET
Pensacola Avenue
PROPOSED IMPROVEMENTS.
LIMITS
Old Benbrook Road
to U.S. Highway
377
WIDTH/FEET
30
50
It is propgsed;to improve Pensacola Avenue by constructing a six-inch thick
rei nfotrced~ concrete ,pavement with a seven-inch high attached concrete curb on
a six=i~n~c`h ''thick` 1}ime stabilized subgrade so that the finished roadway will
be 30 feet wide on a fifty foot right-of-way.
ASSESSMENTS
An independent appraiser has advised the staff as to the amount of
enhancemerit`'to property values that will result from the proposed
improvements','~The,independent appraisal substantiates that, as a result of
the p.roposed'constr'uction, each parcel of adjacent property will be enhanced
in value by an amount equal to or greater than the proposed assessment.
ROW WIDTH/FEET
d
DATE REFERENCE
tJUMBER SUBJECT BENEFIT HEARING FOR THE Pn~E
10-17-89 G=8277 ASSESSMENT PAVING O~,PENSACOLh. 2 f 2
AVENUE FROM OLD ~ENBRbOK ~O~ID TQ__ ~.?~..ti,.°~ ,.:ju-
U.S. HIGHWAY 377
Based on standard City policy, the low bid prices, and the advice of the
independent appraiser, the cost to the property owners for their share of the
construction has been computed at $36,474.93 (59%) and the cost to the City
for Fort Worth, at $25,236.20 (41%).
DAI d '
APPROVED BY
CITY COUNCIL
OCT `17 1989
IG~ `~,
city se~~ of ~
City of Foss Worms, ?sxa~
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY Wi 11 i am
Wood DISPOSITION BY COUNCIL:
^ APPROVED PROCESSED 9Y
ORIGINATING Q OTHER (DESCRIBE)
DEPARTMENT HEAD• Gar Sa nterre CI?W SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Drol et 7805 A
tQd .Ordinance
UA'fE