HomeMy WebLinkAboutOrdinance 10039
ORDINANCE NO _1'~~~
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING A PORTION OF ALTA
MESA BOULEVARD UNIT I 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
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 of Fort Worth, Texas, be improved by raising, grading, and filling
same and by constructing thereon to-wit:
ALTA MESA BOULEVARD UNIT I From Landview Drive to 285' West of
Crowley Road (FM 731) known and
designated as Project No 67-023186-00
to be improved by constructing aseven-inch
thick reinforced concrete pavement with
a seven-inch thick lime stabilized subgrade
Six-inch thick concrete driveway approaches
will be constructed where shown on the
plans The finished roadway will consist
of two thirty-six feet wide traffic lanes
with a twenty-eight foot wide median
on a 120 foot right-of-way. An overpass
will be constructed over the railroad
crossing.
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
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 STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
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 hearing was had and held at the time and place fixed therefore,
to-wit, on the 12th day of JANUARY 1988 10:00 A.lt7 , in the Council Chamber
in the City Hall in the City of Fort ~•Vorth, 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 Alta Mesa Boulevard Unit I from Landview Drive to 285 feet West of Crowley
Road (FM 731) 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 propery 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
-2-
~.
III.
'T'here 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 Down, being as
follows:
-3-
N.
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 (~) 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 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.
-4-
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
enforce:cient and collection of said assessments.
VTI .
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 cx~mpletion 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 lalown, 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.
-5-
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
atrounts 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 hi.m forthwith with the City Treasurer to
be kept and held by hun 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.
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o-
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.
XII.
The assessments so levied are for the improvements in the particular unit upon
which the property describe~3 abuts, and the assessments for the improvements in any
unit are in nowise affected iagi 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 awe 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 11O5b 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.
PASSID AND APPROVID this ~~ ~ day of ~ 19~.
APPROVID AS ~ FORM AND I~GALITY:
i-
J City Attorney
-7-
PRDJDC.~ ICU. 67-023186-00 ALTAME.SA BOULEVARD, UNIT I, FROM LANWZEW DRIVE ZO 285 FEET WEST OF
CF~D~IIEY ROAD, to be improved by constructing a seven-inch thick reinforced concrete pavement
and a seven-inch high attached concrete curb on a six-inch lime stabilized subgrade, so that
the finished roadway will consist of two thirty-six feet wide traffic lanes with a twenty-
eight foot wide median on a 120 foot right-of-way. Six-inch thick concrete driveway
approacfies will be constructed where specified on the plans. An overpass will be constructed
over the railroad crossing.
OWl~R 6 I~7GAL DESCRIPTION ZONII~ FRONTAGE RATE
J. VAN RIPER SURVEY # A-1589
SOUTH SIDE
000000000001
TEXAS ELECTRIC 00.
P.O. BOX 970 E
FORT WORTfi, TEXAS 76101
TR. lA
600.00'
ANgUNT ASSESSMENT
0.00
i~ ASSES.SN~TT
000000000002
AT & SF RAILROAD
$ J.MARTIN
1401 JONES ST. E
FORT WOR'Ii~, TX. 76102
J. VAN RIPER SURVEY # A-1589
100.00'
0.00
NO ASSESSMENT
000004229177
Gt>NM PF~PERTIES INC
P 0 BOX 11190
FT WCR'I'H TX 76109
Zit 1L
J. VAN RIPER SURVEY # A-1589
1260.00'ADJUSTED:
E 450.00'PAVS~TT
419.00'CURB
450.00'LIGHTS
64.45
3.61
7.67
29002.50
1512.59
3451.50
33966.59
APPRAISAL 23608.00.
ASI7t)S'I'FD: ~ ~ ** ~ ***
23608.00
-1-
tyhli~'t & ~,E(~AL DESCRIPTION ?~OIJING FROIJrAL~ RATE AMOLII~Tr ASSESSME[JI'
NORTH SIDE J.VAN RIPER SURVEY $ A-1589
000004229169
SR~OG.S PROPERTY, INC _ -
$ PROPERTY TAX SERV. 540.00'A0.TUSTID
P.O. BOX 814730 E 454.00'PAVEi4QTt 64.45 29260.30
pAI,I,~S, Z~C. 75381 423.00'CURB 3.61 1527.03
TR. 1R1D 454.00'LIGEii!S 7.67 3482.18
279.95 SF DR.APPR 4.98 1394.15
35663.66
APPRAISAL 63741.40
35663.66
AU7USTID: *, ***
EDGECLIFF III ADDITION
CRAIG ~90RGAN
6629 LUCILLA CT.
FORT WORTH, TX 76134
BSX 2 LOT 9
A 150.00'
0.00
ND ASSESSMEI~Tr
A4TUSTID : **
D. E. & DEBORAH BRANTLEY
6628 LUCILLA CT.
FORT WORTH, TX 76134
BIK 2, IDT 8
EDGECLIFF III ADDITION
A 160.00'
0.00
ND ASSES.SMEIJ!'
A47USTED: *~
000000806412
BE[~I7AMIld 5 NA-RIA
BRISENO
6629 CLIFFSIDE CT.
FORT WC~tZ1:1, TX. 76134
BIR 1, LOT 20
EDGECLIFF III ADDITION
A 170.00'
0.00
NO ASSESSMEATr
A47USTED:**
-2-
OWAER & I~C~AL DESCRIPTION YrONIi4; PROIJi'AC~ RATE
BDGHCLIFF III ADDITION
000000806404
IiONAID & S~IDdiA
PETERSON
6628 CLIFFSIDE CT. A 160.00'
PO~tT WCKTH, Tit. 76134
SIK. 1, IDT 19
ADJiJSl'ED: **
BDGECLIFF III ADDITION
000000806390
ROBERT ~ DORORI3Y
BAMQISN
6624 CLIFgSIDE A 20.00'
FORT WOt~11~, TX. 76134
BIR. 1, IAT 18
AD~7tJ5'I'ED: **
J.VAN RIPER SURVEY # A-1589
000000000002
AT ~ SF RAI7~QAD
6.T. MART'IIQ
1401 JONES ST. E 100.00'
FONT WORT[, 'DC. 76102
ADJfJS'I1~: **
WOODN~TT ADDITION
000005698413
DBA SAPPY 1025
MBFII~IC
14550 TORREY CASE BIJVD E 155.00'
HIaUS10N '1?C 77014
BIR 1 IO-t' 25B
AD17US'TlID: ~*
ASSESSN~Tt
0.00
ND ASSN
0.00
NO ASSN
0.00
t1D ASSES.SMEDTP
0.00
NO ASSES.SN~3~Tr
-3-
e
OWI~Et 6 I~GAL DESCRIPTION ZONING FROTTrAGE RATE
~,
WOODMDI~T~ ADDITION
000005698405
WOODNQ~
QitJR® OF Q~tIST
P 0 BOX 330998 440.00'
FT WDE~i9 Z~C 76163
BIR 1 IDT 25A
ADJiTSTED: **
6
-4-
AMOUNT ASSESSh~Tr
~_~w_
0.00
IAA ASSESSME[JT
µ S ~
ACGUUtVYIPdp•z
TRAtV3NGRTA71Qh~PUEELOG.kY9!~f~~.u.AL (L// ®~ fLtL !/ (L~ ~®ILIV~IL (I~~ ~®U ~ lV U /l (V ILlV~ Ilitl.iu..ILIL~ (G®~
N pTE rt ADf~SINiS7 RA7iAP1 d' eJ~
REA.4 FROPEK7!'•
DATE REFERENCE suB~ECr BENEFIT HEARING, ASSESSMENT PAGE
NUMBER
1112188 PAVING ALTA MESA BOULEVARD, UNIT I,
1 of 2
G-7404 rnn~n f nninvrrl.f nn rur rn nor i i.~rcr nr
CROWLEY ROAD (FM 731)
RECOMMENDATION
It is recommended that an ordinance be adopted closing the benefit hearing for
the construction of Alta Mesa Boulevard, Unit I, from Landview Drive to 285'
west of Crowley Road (FM 731), and levying the assessments as proposed
RA('K(;R(111Nf1
On October 25, 1983 (M&C G-5795), the City Council accepted the State
Department of Highways and Public Tr ansportation's (SDHPT) Minute Order
No 81169-00024 under which the City and the SDHPT agreed to terms for the
construction of Alta Mesa Boulevard, Unit I, from Landview Drive to
approximately 285 feet west of Crowley Road, including an overpass over the
AT & SF Railroad.
On September 22, 1987 (M&C C-10540), the City Council approved a Fixed Amount
Escrow Agreement with the SDHPT for the City's share for Unit I of $229,785 A
check for that amount has been provided to SDHPT.
Alta Mesa Boulevard Unit I is in part a border street between Fort Worth and
Edgecliff Village The adjacent property owners will be assessed according to
Fort Worth's current assessment paving policy Resolution No. 87-008
authorizing the City of Fort Worth to levy assessments against Edgecliff
Village property owners was approved by the Edgecliff Village Board of Alderman
on September 10, 1987
On December 18, 1987 (M&C G-7379), the City Council approved establishing
January 12, 1988, as the benefit hearing date
This project is located in Council District 6
PROJECT DESCRIPTION
STREET
Alta Mesa Boulev and
Unit I
PROPOSED IMPROVEMENTS
LIMITS
Landview Drive
to 285' West of
Crowley Road
(FM 731)
L,li nTN_FFFT
Double 36'
R O.W
WIDTH FEET
120'
Alta Mesa Boulevard, Unit I, is to be improved by constructing a 7" thick
reinforced concrete pavement with a 7" high attached concrete curb on a 6"
•,
DATE NUMBERCE SUBJECT BENEFIT HEARING, ASSESSMENT PAGE
1/12/88 G-7404 PAVING ALTA MESA BOULEVARD, UNIT I, ~_~ar_2
CROWLEY ROAD (FM 731)
thick lime stabilized subgrade with 6" thick concrete driveway approaches where
specified in the plans An overpass will be constructed over the railroad
Street 1 fights will be installed under a separate contract.
ASSESSMENTS
Based on standard City policy and the low bid prices, the cost to the property
owners for their share of the construction is approximately $69,630.25 Cost to
the City of Fort Worth is approximately $160,154.75
It is the opinion of the Director of the Real Property Management Department
that, as a result o f the proposed construction, each parcel of adjacent
property will be enhanced i n value by an amount equal to or greater than the
proposed assessments
DAI dmc3
APPROVED BY
CiTI~ CCU°NC~I.
s~~ ~ i~
C1~fT Secxota~Y ~~ ~'@
Gi.y Q'x FaTt Vv(i•Ztll. `Taxate
SUBMITTED FOR THE
gYGER'S David A
Ivory DISPOSITION BY COUNCIL.
^ APPROVED PROCESSED BY
OFFICE
ORIGINATING
DEPARTMENT HEAD• G Dallas
W~ 11 ~ dms ^ OTHER (DESCRIBE)
CITY SECRETARY
FOR ADDITIONAL INFORM T O
CONTACT ~~ rol et Ext . 78D5
Adopted Ordinance No.
DATE