HomeMy WebLinkAboutOrdinance 10225t3
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ORDINANCE N0. ~Oo`Z~
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF KELLER-HASLET ROAD, FROM INTERSTATE_3.5.WEST
TO 1060 FEET WEST AND PORTION OF S ~'~E'EN~C7E5`-~
~II$LZ~~LAC~ IN 'THE 'CITY--OF .FOR_T 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 'I'0 ENGROSS AND ENROLL THIS ORDINANCE BY
COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITX 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 descrS.bed 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-wits
YELLER-HASLET ROAD From Interstate 35 tiVest to 1060 Feet West, known
and designated as Project No. 90-136061-00, to
be improved by constructing an eig:nt-inch thick
reinforced cx~ncrete pavement with a seven-inch
high integral concrete curb on a five-inch
cement treated base over a six-inch thick lime
stabilised subgrade so that the finished roadway
will be twenty-six feet minimum on the north
side and thirty-eight feet minimum on the south
side, on a one hundred twenty foot minimum
right-of-way. Drainage apprutenances will be
installed in the street where required.
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The above together with combined concrete curbs and gutter on proper grade and line
where same 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;
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 or 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 20th
day of December, 1988, at 10:00 A.M., in the Council Chamber in the City Hall in the
City of Fort Worth, Texas, and at such hearing all desiring to be heard were given
full and fair opportunity to be heard, and the City Council of the City having fully
considered all proper matter, is of the opinion that the said hearing should be closed
and assessments should i~ made and levied as herein ordered:
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT
I.
Said hearing be, and the same is hereby, closed and the said protest and
objections, and any and all other protests and objections, whether herein enumerated or
not, be and the same 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
su'ostantially 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 pro~rty assessed is specia7.]_y 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:
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Iv.
Where more than one person, firm
property above described, each said person,
liable only for its, her or his pro .r_ata o:E
in proportion as its, his or her respective
from the assessment lien upon payment of suc
or corporation owns an interest in any
firm or corporation shall be personally
the total assessment against such property
interest in such property may be released
h 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
(80) per annum, together with reasonable attorney's fees and costs of collection, if
incurred, are hereby declared to 'oe 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 tlZe 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 anx~unts 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-eight (48) 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 o:E
the alternatives specified, the assessment shall bear interest from the date of
acceptance of the Project at the rate o: eight ~~.rcent (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.
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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 k~e enforrced 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 ?zame 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 'oe sufficient and no error or mistake
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in describing any property, or in giving the name of the owner, shall invalidate or in
anywise impair such certif icate, 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 attor_ney'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 hiin 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 hi_m of such
certificate so endorsed and credited; and such endorsement and credit shall Ue 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 wit'n 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 ~,~iayor and City Secretary.
Said certificates small 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
a'oove 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.
Fu11 power to make and levy reassessments and to correct mistakes, errors,
invalidities or irregularities, either in the assessments or in the certificates
issued i_n evidence thereof, is, in accordance with the law in force in this City,
vested in the City.
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_rt ._
~ . ~ ~:.
XI.
~,.
:,+ -s _ c3
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.
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 :oy 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 t'ne 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 i,4inute Book of the City Council of Fort Wor_t'n,
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 ~0~ ~_ day of
APPROVED AS TO FORM AND LEGALITYt
~~
,~~ Ci yJAttorney -_.__.__-.
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rr
REELER-HASLET ROAD, PROJDLT N0. 90-136061-00, FROM INPER.STATE 35 ViIEST Tb 1060 FEET WEST,
to be improved by constructing an eight-inch thick reinforced concrete pavement with a
seven-inch high integral concrete curb on a five-inch cement treated base over a six-inch
lime stabilized subgrade so that the finished roadway will be twenty-six feet minimum on
the north side and thirty-eight feet minimum on the south side, on a one hundred twenty
foot minimum right-of-way. Drainage appurtenances will be installed in the street where
required.
OWI~E2 & LEGAI, DESCRIPTION
S~STSIDE
000005946166
ALLIANCE AIRPORT, LTD.
12377 MERIT DR. STE 1600
nALIAS, TX 75251
TR. lA
ZONING FRONTAGE RATE
ALEX C. WARREN SURVEY A-16$7
1060.00' Pavement
R 102$.00' Curb
1060.00' Lights
1060.00' Drainage
73.46
4.11
7.79
27.16
AMOUNT
77867.60
4225.08
8257.40
28789.60
119139.68
ASSESSMENT
-0-
* Credit for Inlets
** Per Community Facilities Agreement
000004743172
SUN BELT SAVING ASSOCIATION
4901 L.B.J. FRWY. STE 400 AG
DALLAS, TX 75244
TR. lA
T. 4~LaEN SURVEY A-1921
1037.00' Pavement 73.46 76178.02
979.00' Curb 4.11 4023.69
1037.00' Lights 7.79 8078.23
1037.00' Drainage 27.16 28164.92
1)6444.86
116444.86
* Credit for Inlets
-1-
COST DISTRIBUTION
A. TOTAL COST ZL7 ADJACE[~T PROPERY OWI~>EEtS .................. $ 116, 444.86
A.1 Street Construction.........5 108,366.63
A.2 Street Lights ...............$ 8,078.23
8. TOTAL COST TO THE CITY OF FORT WC?RTH ....................$ 1,013,307.56
B.1 Street Construction.........$ 866,104.02
B.2 Street Lights ...............$ 44,498.77
B.3 Engr. InspjAc~min............$ 102,704.77
(10$ of estimate, $ 1,027,047.65)
C. TOTAL ESTIMATED PROJDCT COST ............................$ 1,129,752.42
LHCEND:
* Credit for Inlets
** In accordance with Provisions of Community Facilities Agreement
No. 16477.
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MAS f ER FIG 1 fr~
ACCOUNTING 2
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~a,t~ .of' 1F~~-t ~®rth, ~C~~~~
TRANSPORTATION~PUBLIC WORKS=~ m n /J-~y~ ~y~-~- ~ /~ /~ /~/j,,
NoTER AOMINISTRAT'i6N 4 ~~////®~ ~j~~j ~~~/~~ja~i ~/®l/ 11 Ij~// ~ (~/LLJW~~~'l~Y~/~~~
REAL PROPEKTY.5
RECOMMENDATION
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 specially benefitted in enhanced value in
excess of the amount assessed for the improvements of Keller-Haslet Road from
Interstate I35W, westerly 1060 linear feet
DISCUSSION
On February 9, 1988 (M&C C-10792), the City Council approved a Community
Facilities Agreement with Perot Investment Partners Limited for a section of
the proposed South Airport Access Road (Airport Parkway) and the upgrading of
Keller-Haslet Road from I35W to proposed Airport Parkway Provisions were
included in the agreement for channel improvements to Buffalo Creek and
Henrietta Creek, and bridge construction at I35W and Henrietta Creek
Keller-Haslet Road is a county-type road which is on the boundary between the
City of Fort Worth and the City of Haslet The Haslet City Council, in a
meeting held December 13, 1988, approved Resolution No 88 granting authority
for Fort Worth to levy and collect assessments against benefitting property
owners in the City of Haslet
On November 2?_, 1988 (M&C G-7834), the City Council authorized the project
and established December 20, 1988, as the date of the benefit hearing
This project is located in Council District No 2
PROJECT DESCRIPTION
STREET LIMITS
Keller-Haslet I-35W to 1060'
Road west
ROADWAY
WIDTHIFEET
Varying with a
minimum width of
26' for the north
roadway and 38' for
the south roadway.
ROW WIDTH/FEET
Variable,
120' min
PROPOSED IMPROVEMENTS, KELLER-HASLET ROAD
It is proposed to improve Keller-Haslet Road by constructing an 8" thick
reinforced concrete pavement with a 7" high integral concrete curb on a 5"
cement'"tY'eated base over a 6" lime stabilized subgrade Drainage
appurtenances will be installed in the street where required
ASSESSMENTS
Based on standard City policy and the low bid prices, the cost to the
adjacent property owners for their share Of the construction is approximately
$116,444 86 (10%) and to the City of Fort Worth, approximately $1,013,307 56
(90%)
DATE REFERENCE sua~ECT BENEFIT HEARING, ASSESSMENT PAGE
NUMBER PAVING OF KELLER-HASLET ROAD FROM iot 2
12-20-88 G-7860 INTERSTATE I35W,WESTERLY 1060
LINEAR FEET
DATE REFERENCE suB~ECT •, BENEFIT HEARING, ASSESSMENT PAGE
NUMBER
PAVING OF KELLER-HASLET ROAD FROM
2of
2
12-20-88
~ G-7860
~ , _
_
`' ~ -" ` 'LINEAR FEET
~"" It °is the opi"nion of the birector of Real Property Management t}iat, as"a
result of the proposed construction, each parcel of adjacent property will be
enhanced in value by an~,amount~equal t~ or greater` than the proposed
assessment ,
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APPROVED BY
,
CITY CQt~NCIL
DEC 2~D 198
~~~~
Citg Seaxeta~cy of the
Ci.y of Por VVonh, Texds
SUBMITTED FOR THE
CITY MANAGER'S
i DISPOSITION BY COUNCIL. PROCESSED BY
OFFICE BY R A McKinne ^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD• Gar Santerre CITY SECRETARY
FOR ADDITIONAL INFORMATION O
° Ado ted Ord~nan~ce No,1~~
~
DATE
CONTACT Drolet 7
05