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HomeMy WebLinkAboutOrdinance 10265ORDINANCE NO. l v~ ORDINANCE CLOSING HEARING AND LEVYING .ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF SLOCUM AVENUE, FROM JOYCE DRIVE TO BON_N_IE DRIVE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC P]:ACES 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 ASSESSn9ENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETA~2Y `.iT~ 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. WHHREAS, 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 of Fort Worth, Texas, be improved by raising, grading, and filling same and by constructing thereon to-wit: SLOCUM AVENUE From Bonnie Drive to Joyce Drive, known and designated as Project No, 67-040151-00, to be improved by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgradn. Six inch thick concrete driveway approaches will be constructed where specified on the plans. The finished roadway will consist of a forty foot wide street on a sixty foot wide right-of-way. -1= The above together with combined concrete curbs and gutter on proper grade and line ar_e 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 w:nere shown on the plans and in strict accordance with the Plans and Specifications therefore. A contract has been made and entered into with CENTERLINE CONSTRUCTORS, INC. for the making and construction of such improvements on the above said ix~.r_ t:ton 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 oar the mime, place and purpose of said hearing was given and said hearing was had and held at the time and place fixedtherefore, to-wit, on the 28th day of February, 1989 at 10:A.M., in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hear_i.ng 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 O1? FORT WORTH, TEXAS, THAT I. The benefit hearing for the assessment for paving and other improvements to Slocum Avenue is hereby closed and all protests anc~ objections, if any, to the assessments levied are hereby overruled. II. The City Council, from the evidence, finds than 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 ttie improvements in the unit for which such assessments are levied, and establish substantial justice and equality and uniformity between the respective owners of the .r_espective 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 description 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 follows: -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 p/rsonally 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 i:n such property may be released from the assessment lien upon payment of such proportionate sum. V. The several sums above mentioned and assessed a ainst the said parcels of property, and the owners thereo:C, and interest thereon a~ the rate of eight percent (8s) 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 ar_e 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, t}ie 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 instal~rn=ant 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 by paid in fori~y-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 promis:~ory 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- 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 c~npetent 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 G~uncil does hereby reserve unto itself the right to reduce the af_or_ementioned 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 o:F each o:E 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 asses.~ment hereinabove levied such ar~unt 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 ishereof, assignable certificates in the principal amount of the respective assessments less the amount of any respective credit allowed thereon, s}Zall 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 anc~ 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 s,lall 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 suc.'n 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, sha]_1 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 Treasure.r_ tine 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 holderr_ of such certificate in writing and by sur_rende.r 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 cert9.~icate 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 ar_e a ~rsonal 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 hearisng, 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 1].05b o_f 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 ~~_ __ APPROVED AS TO FORM AND LEGALITY ~GG~ ~ _ ----~--- ~~{ City Attorn 19. -6- .~, e, ~~ix e` fi' 0 `~ t ~~ M f t Z t g i s t:* R L! t 1 ~OAMt7-w ,,, r ti 6 = ~ s _ u .. 1 r .~ , s s i i i t 0 t Q~ ~ C til, ,l + ,~c-sx ~ ~ 1 ~~~ .../ Q 0 E t ~ • ~ • ~ ' ~~ `s AVVE~?~ (BOIWIE DIVE TO JOYCE DRIVfJ P~UECT gip, 067-040151-00 t ~~ I :; PROJECT N0. 67-040151-00, SIACUM AVENCTE, FROM BONNIE DRIVE Ta JOYCE DRIVE, to be improved by constructing a seven inch reinforced concrete pavement with a seven inch high attached concrete c:irb on a six inch lime stabilized subgrade. Six inch thick concrete driveway approaches will tie constructed where specified on the plans. The finished roadway will consist of a forty foot wide street on a sixty foot wide right-of-way. OWNF~R & I~GAL DESCRIPTION .Bonnie Drive Intersects Fast side 000000027294 GARLAt~ID BARRIT 3109 BONNIE FT WO}~ITi TX 76116 BIR 19 ' IAT 1 ZONING FROTTI'A(~ RATE ALTA MERE ADDITION A 94.00'Pavement 94.00'Curb 94.00'Drainage 44.27 2.77 4.80 4161.38 260.38 451.20 ASSN _.._~_~ 4872.96 Vacant Lot East side 000000027502 JOE MARTINEZ P.0. BOX 123794 FT WOR~I'fl TX 76121 BSK 19 LOT 24 RESIDENCE ALI7USTFF:D:Adjustment for side Ramona Street Intersects East side --- _____ 000000027030 JOE & CY1~Ti'HIA WII~^ON $RUBY D PORTER 5737 POPRIN RD FT WOR'I'Ii Zx 76114 BIR 18 TAT 1 RESIDENCE ENHANCEMENT ALTA MERE ADDITION 178.00'Adjusted A 100.00'Pavement 21.73 100.00'Curb 1.89 ENHANCEMENT lot ALTA MERE ADDITION 179.00'Adjusted A 100.00'Pavement 21.73 100.00'Curb 1.89 148.20 SF Dr Appr 2.59 A!?TUSTID:Adjustment for side lot ENHANCEMENT 2067.00 2173.00 189.00 2362.00 -0- 2173.00 189.00 383.84 2745.84 -0- -1- OFt & LHGAL DESCRIPTION ZONII~ 1~iONrAC~ ALTA MERE ADDITION 000000027286 B s PolrrrER 182. o0'Adjusted 3100 MARQUITA A 100.00'Pavement 21.73 FT WOR'I1:] TX 76116 100.00'Curb 1.89 SIR 18 IUT 24 RESIDENCE ADJUSTID:Adjustment for side lot Marquita Intersects East 000000026794 JOE B JR MARTII~2 P 0 BOX 123794 I FT WORTEi TX 76121 SIR 17 IUT 1 RESIDENCE East 000005681871 WILSON AVANCIIJI & EILkC I~AEMI 1400 SHADY OARS IN FT in10R'PH TX 76107 BSR 17 IAT 24 VACANT LOT West 000000026115 ENHANCEMENT ALTA MERE ADDITION 2173.00 189.00 2362.00 ASSESSMEATr -0- 8101.41 506.91 243.33 8851.65 -0- 7880.06 493.06 854.40 9227.52 3240.00 T R MCFARLAND 178.00'Adjusted 3040 JOYCE DEt A 100.00'Pavement 21.73 2173.00 FT WOEtTH TX 76116 100.00'Curb 1.89 189.00 BIR 13 IJJT 13 148.20 SF Dr Appr 2.59 383.84 RESIDENCE 2745.84 ENHANCEMENT _0_ n-~?USTID:Acljustment for side lot ENHANCEMENT ALTA NIEEtE ADDITION 183.00'Pavement 44.27 183.00'Curb 2.77 93.95'SF Dr Appr 2.59 ENHANCEMENT ALTA MEitE ADDITION I 178.00'Pavement 44.27 178.00'Curb 2.77 178.00'Drainage 4.80 OWNER & I~3GAL DESCRIPTION 7~ONING ~ RATE ALTA MERE ADDITION 000000026107 MODESTO MAATINEZ 3044 MAR¢JITA DR I 183.00'Pavement 44.27 FT WORTH TX 76116 183.00'Curb 2.77 BIR 13 IDT 12 RESIDENCE 000000025860 JOSE M MARTINEZ 3044 MARQf3ITA DR A FT WORZfi TX 76116 BSR 12 IAT 13 ENHANCEMENT ALTA MERE ADDITION 182.00'Adjusted 100.00'Pavement 21.73 100.00'Curb 1.89 148.20 SF Dr Appr 2.59 RESIDENCE ADJUSTED:Adjustement for side lot ENHANCEMENT ALTA MERE ADDITION 000000025852 8101.41 506.91 8608.32 2173.00 189.00 383.84 2745.84 WII~IAM T N~,ROOM 179.00'Adjusted 23 BOUNTY RD E A 100.00'Pavement 21.73 2173.00 FT WORTH TX 76132 100.00'Curb 1.89 1$9.00 BIK 12 IpI' 12B, 11A 187.90 SF Dr Appr 2.59 486.66 RESIDENCE ENHANCEMENT ADJUSTID:Adjustement for side lot ALTA MERE ADDITION 000005937752 MARX T RIC~IARD6O~1 1829 ELLIS RD B I 253.00'Pavement 44.27 FT WORTH ~ 76116 253.00'Curb 2.77 B1R 11 7a0T 14 163.70 SF Dr Appr 2.59 BUSINESS ENHANCEMENT 2848.66 11200.31 700.81 423.98 12325.10 ASSESSMENT -0- -0- -0- 4500.00 =~- COST DISTRIB[TPION A. CO6T 'P0 PI~JPERTY OW[~I2.S BY ASSESSMQdr ................ $ 9, 807.00 B. COST TO FART Wei CI'I'Y ..............................$ 144,441.34 Street Construction $ 137,096.18 Engr.Inspection/~3min. $ 7,345.16 (S$ of bid $ 146,903.18} C. TaTAL ESTIMATED PR0.7DCT OOST .........................$ 154,248.34 ^M dIS fER FILE 1 v ~~~o~NT~N~ 2 ~ ~ _~,. ~it~ of wort ~oa°t~a, ~~.~a~ TRAPlS PORTA'fiON~PUBLIC WO~( $ N atER AOnniNi3lRATiON • r'VW tt~J/ ® U 'L.W ~~tV ~®LL/lV~~~IV ~~~~ (LIV~ IV ~L/`1.~W ~L~~~ REAL PROpEK7Y. DATE REFERENCE LAV~•1 NUMBER 2-28-89 G-7945 RECOMMENDATION ULI\VI ll IIL III\11\U, IIJJLJJI'I1.. 1\1 Ill•11\ s~E~TLOCUM AVENUE FROM BONNIE DRIVE PAGE, TO JOYCE DRIVE l or It is~ recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is especially benefitted in enhanced value in excess of the amount assessed for the improvements of Slocum Avenue from Bonnie Drive to Joyce Drive. ORIGIN OF PROJECT The 1986-88 Capital Improvement Program, approved in March, 1986, provided funds for the reconstruction of Slocum Avenue from Bonnie Drive to Joyce Drive. This section of Slocum Avenue will extend the recently completed portion of Slocum Avenue from Cherry Lane to Bonnie Drive. On December 8, 1988 (M&C C-11333), the City Council adopted Ordinance No. 10215 awarding the construction contract and establishing January 3, 1989, as the date of the benefit hearing. The notice of the benefit hearing to be held January 3, 1989, was not published in accordance with Article 1105b, Vernon's Annotated Civil Statutes. On January 26, 1989, M&C G-7899 approved the establishment of February 28, 1989, as the new date of the benefit hearing. PROJECT DESCRIPTION RIGHT-OF-WAY STREET LIMITS WIDTH/FEET ROW WIDTH/FEET Slocum Avenue Joyce Drive to 40 60 Bonnie Drive PROPOSED IMPROVEMENTS It'';~ s~:~pro'posed to i mprove Slocum Avenue by constructing a seven i nch reinforced concrete pavement with a seven inch high attached concrete curb on a~` s i x" i`n`ch 1 ~i me stabi 1 i zed subgrade. Si x i nch thick concrete driveway approaches will be constructed where specified on the plans. The finished roadway will consist of a forty foot wide street on a sixty foot wide right-of-way. t 1 ~_ ASSESSMENT `I The Director of Real Property Management has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements, and individual assessments have been adjusted accordingly. „„ ~ ass ;, n ~~. J~ i.rt~' Ii,T a ~. n }m DATE REFERENCE SUBJECT BENEFIT HEARING, ASSESSMENT PAVIN PAGE NUMBER OF SLDCUM AVENUE FROM BONNIE DRIVE 2 or 2 2-28-89 G-7945 Based on standard City policy, the low bid prices, and the advice of the' Director of Real Property Management, the cost to the property owners for their share of the construction has been computed at $9,807 (6%) and the cost to the City of Fort Worth, at $144,441.34 (94%). It is the opinion of the Director of Real Property Management that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in valu e by an amount equal to or greater than the proposed assessment. DAI mmc APPRQV~D BY CITY COI~NO~I ~~B zs 1989 ~~~~ _ ~ .~. ..... - ~it~ SaczBtciYy d~ the pity of For: ZTd'~rh{ 'T~fia:n~ SUBMITTED FOR THE CITY MANAGER'S i d IVO1^y D DISPOSITION 8Y COUNCIL: APPROVED ~ PROCESSED BY aV OFFICE BY' ORIGINATING O OTHER (DESCRIBE) DEPARTMENT HEAD: Gary $anterre CITY SECRETARY FOR ADDITIONAL INFO~,~AATI~DN et 7so5 Adopted Ordinance N0 ~ DATE CONTACT Uro l .