Loading...
HomeMy WebLinkAboutOrdinance 10383ORDINANCE NO._~/~~~~~-.% ORDINANCE CLOSING HEARI.rdG AND LEVYING ASSESSMENTS FOR PART OF THE COST OF I~'IPROVING A PORTION OF WABASH AVENUE, FROM COLLINSWORTH STREET TO TWO HUNDRED AND EIGHTY-FIVE FEET_ NORTH, 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 SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT 'IC) ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESS~•4ENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME TN 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 of Fort Worth, Texas, be improved by raising, grading, and filling same and by constructing thereon to-wit: WABASH AVENUE From Collinsworth Street to two hundred and eighty-five feet north, known and designated as Project No. 67-024326-00 , 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 subgrade so that the finished roadway will be thirty feet wide on a fifty foot Right-Of V~ay. Six-inch thick concrete driveway approaches will be constructed where specified on the plans. -~- 5 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 ar_e to be so constructed as and where shown on t'ne plans and in strict accordance with the Plans and Specifications ther_efor_e. 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 5th day of Se tember, 1989 at 7:04 P.M., in the Council Chamber in the City Hall in the City of _or orth,-T`exas,`and a~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. NCIv~] THEREFORE BE IT ORDAINED F3Y THE CITY COUNCIT~ OF THE CITY OF FORT :WORTH, TEXAS, THAT I. The benefit hearing for the assessment for paving and other improvements to Wabash 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 respeci~i.ve 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 ar_e 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 a_ll 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 ap~rtionment 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 t'ne several amounts assessed against the same, and the owners thereo:C, 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 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 pro erty, 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 altarnatives specified, `'the assessment snail i~ar 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 extxeme financial hardship exists. ~_ 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 t}ie 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 t'ne 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 s'nall 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 i.n 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 n~ each unit. bf 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, 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 :Eor the same, and the Assessor and Collector of Taxes .shall deposit the sums so received by him forthwith with the City Treasurerr_ 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 }~ 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 Tr_easur_er_ 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 I~ersonal 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 cerr_ificate 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 Udorth, Texas shall exercise all of its lawful powzrs, 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 £rom 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 descried, notwithstanding such owners may not be named, or may be incorrectly named. -~- 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 :('or_ 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 CaJ_led 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 o:E 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 _ ~ q - ~7~ APPROVED AS 'll~ FORM AND LEGALITYa City Attorney -6- WP,BASH AVE~lC1E OOLLIlVSWORTH STREET ~ 285' NOFrPH PF~O-TflCr NO. 67-024326-00 JUNE 1989 PROTECT NO. 067-024326-00, WABASH AVENUE, FROM OOLLINSWORTH STREET 1~0 APPROXIMATELY 285 FEET NORTH, to be improved by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch lime stabilized subgrade so that the finished raodway will be thirty feet wide on a fifty foot right-of-way. Driveway approaches will be constructed where specified on the plans. OWI~R & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT BEGINNING AT OOLLINSWORTH ST. MICHAEL HUGHES ESTATE WEST SIDE 000001370979 JAMES N PATTERSON JR, ETAL $ JERRY 6J PRICER & OD, INC 809 SCARLET SAGE CT FORT WORTH TX 76112 BIK 2 LOT 6-P 000001370960 MARK VINCENT FREDERICK, ETAL $ PETE FREDERICK P O BOX 121324 FORT WORTH TX 76121 BLK 2 IAT 6-N ADJUSTMENT: ** I 56.00'PAVEMENT 40.33 2258.48 40.00'CURB 3.35 134.00 $2392.48 I 220.00'PAVEMENT 40.33 8872.60 $8872.60 -1- WABASH: A Community Facilities Agreement (short form) provided the Developers Contributions towards the street improvement. The aanount of $ 13,198.17 was prepaid by Joe K Du r, Sud Properties Venture, for Carlson's Subdivision. Bloc1c 1, Lot 2. LDGEND: * Inlet credit ** Curb Gutter, Driveway approaches & sidewalk were constructed in 1983 less than 10 years old, qualifies for 100$ credit. -2- r 4~BASH AVENUE A. Property Owners by Assessment $ 11,265.08 B. Developer contribution by Community $ 13,198.17 Facilities Agreement C. Fort Worth City $ 12,325.97 C-1 Street Construction $ 10,574.10 C-2 Engr.Inspection / Admin. $ 1,751.87 (5~ of bid $ 35,037.35) D. 'DOTAL ESTIMATED PROJECT OOST $ 36,789.22 -3- MASTER FILt"a'1 f ACCOUNTIN0.2 T ~RANSPORTATIONJPUBLIC .W R , ~~®~ NATER ADMINISTRATiL1N ; L'AW~T DATE REFERENCE SUBJECT BENEFIT HEARING FOR THE PAGE NUMBER ASSESSPIENT PAVING OF WABASH AVENUE 1 0, _? _ 09 /05 / 89 G- 8205 FROM 01 INS4dORTH STREETSQ~B~_FEET ____________ NORTH RECOMP1ENDATION pity of JFort worth, ~e.~a~ ~~~1 ~®~,+c~~c~IC c~®~,~~~~~c~.~~~~, It is recoi-~mended 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 benefitted in enhanced value in an ar~ount equal to or greater than the amount assessed for the improvements of 6Jabash Avenue from Collinsworth Street to 285 feet north. DISCUSSION f1r. Joe K. Dugger, the developer of Carlson's Subdivision, Block 1, Lot 2, has executed a short form Community Facilities Agreement for the construction of blabash Avenue from Collinsworth Street to 285' north. The developer will prepay $13,198.17 by September 10, 1989, for his share of the cost for street improvements adjacent to Lot 2, Block 1, Carlson's Subdivision. A carwash has recently been completed at the corner of Collinsworth and 4Jabash. Wabash Avenue is in poor condition, never having been built to City standards. On August 8, 1989 (P1&C C-11792), the City Council awarded the construction contract and established September 5, 1989, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, V.A.C.S. PROPOSED If1PROVEMENTS It is proposed to improve Wabash Avenue by constructing a seven-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 thirty feet -ride on a fifty foot ri gh~t-of-vray. Six-inch thick concrete drivevray approaches vrill be constructed where shown on the plans. ASSESSPIENTS ,, An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvemen s. DATE REFERENCE SUBJECT BENEFIT HEARING FOR THE PAGE NUMBER 09/05/89 G-8205 ASSESSPIENT PAVING OF WABASH AVENUE 2 2 FROP1 COLLINSVJORTH STREET TO 285 FEET --°'_~__ NORTH Based on standard City policy, the lova bid prices, and' the advice of the independent appraiser, the cost to the property ovaners for their share of the construction has been computed at $24,463.25 (66%) and the cost to the City of Fort Worth, at $I2,325.97 (34%), 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. DAI d A~~ROV~a s~ CdTY COUf~CI~ SEP " 1989 ~~.~ City Secretary of the City o£ For! Worth, Texas SUBMITTED FOR THE CITY MANAGER'S OFFICE BY ORIGINATING DEPARTMENT HEAD David Ivor Gary Santerre FOR ADDITIONAL INFORMATION `ONTACT Ed Drolet 7805 DISPOSITION BY COUNCIL: PROCESSED BY ~ APPROVED Q OTHER (DESCRIBE) ., (J'~ ~ /'~ .. CITY SECRETARY Ordinance No. ,.. a