Loading...
HomeMy WebLinkAboutOrdinance 6528 ORDINANCE NO. a 607 AN ORDINANCE DECLARING THAT THE NECESSITY EXISTS FOR THE IMPROVEMENT OF A PORTION OF THE SANITARY SEWER SYSTEM SERVING A PORTION OF RIDGLEA WEST ADDITION TO THE CITY OF FORT WORTH, TEXAS; APPROVING AND ADOPTING ESTIMATES OF THE COST OF SUCH IMPROVEMENTS AND OF THE AMOUNTS TO BE ASSESSED FOR SUCH IMPROVEMENTS AGAINST THE PROPERTY BENEFITED THEREBY AND THE OWNERS OF SUCH PROPERTY, MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST BENEFITED PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS, FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF THE BENEFITED PROPERTY AND ALL OTHER PERSONS INTERESTED, DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING BY MAIL AND BY PUBLICATION, DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THE ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS, DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID SUCH IMPROVEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE 58th LEGIS- LATURE OF THE STATE OF TEXAS, CHAPTER 192, COMMONLY KNOWN AS ARTICLE 1110c OF VERNON' S TEXAS CIVIL STATUTES AS AMENDED BY ACTS 1967, 60TH LEGISLATURE, PAGE 2068, CHAPTER 769, EFFECTIVE AUGUST 28, 1967, AND AS FURTHER AMENDED BY ACTS 1969, 61ST LEGISLATURE, PAGE 1681 , CHAPTER 542, SECTION I - EMERGENCY, EFFECTIVE JUNE 11 , 1969, DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Director of the ::ort Worth Water Department has prepared plans, specifications and cost estimates for the improvement of the herein- after described portions of the sanitary sewer system of the City of Fort Worth, Texas, and same have been examined by the City Council of the City of Fort Worth, Texas, and found to be in all matters and things proper; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: 1 . It is hereby declared that a public necessity exists for the improvement and extensions of the hereinafter described portions of the sanitary sewer system of the City of Fort Worth, Texas, to wit : Construction of 1300 feet of 6-inch sanitary sewer, complete with appurtenances , extending north in Borden Drive, from connection to a sanitary sewer in the intersection of Borden Drive and West Vickery Blvd. , to a point in Borden Drive approximately 32 feet west and 5 feet northof the southwest corner of Lot 1 , Block 47, Ridglea West Addition. -1- II . The estimates of the cost of such improvements and of the amounts to be assessed for such improvements against the property benefited thereby and the owners of such property as hereinafter set forth are hereby adopted and approved. III . It is hereby found and determined that the cost of such improvements on each portion of the sanitary sewer system hereinafter described, with the amount or amounts per front foot proposed to be assessed for such improvements against benefited property and the owners thereof, are as follows, to wit: The estimated total cost of such improvements is $7,369.00; the estimated amount per front foot to be assessed against benefited property and the owners thereof for such improvements is $4.85; the total estimated amount to be assessed against benefited pro- perty and the owners thereof is $6,620.25. IV. The cost of such improvements as herein defined shall be paid for as follows, to wit: A. The benefited property and the real and true owners thereof shall pay not exceeding nine-tenths (9/10ths) of the estimated cost of such improvements. B. The City of Fort Worth shall pay all of the remainder of the cost of said improvements after deducting the amounts herein specified to be paid by the benefited properties and the real and true owners thereof as set out in subsection A. When the improvements are completed and accepted by the City, the sums assessed against benefited property shall be and become payable in four equal installments due respectively on or before one year, two years, three years and four years from the date of such completion and acceptance. The entire -2- amount assessed against the particular parcels of benefited property shall bear interest from the date of such completion and acceptance of the improvements at the rate of 6 per cent per annum payable annually; provided that if default be made in the payment of any installment promptly as the same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the assessment upon which such default shall be and become immediately due and payable, together with reasonable attorney's fees and costs of collection, if incurred; but it is specifically provided that no assessments shall in any case be made against any property or any owner thereof in excess of the special benefits to such property in the enhanced value thereof by means of such improve- ments as ascertained at the hearing provided by law, nor shall any assessment be made in any case until after notice of hearing as provided by law. Said assessments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of a special assessment which shall be executed in the name of the City of Fort Worth. V. The assessments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special assess- ment, which shall be executed in the name of the City by the Mayor of said City and the City Secretary shall attest the same and impress the corporate seal of the City thereon, and which may have attached thereto coupons in evidence of the several installments, or in evidence of any of the install- ments in which the assessment is payable, which certificates shall be issued to the City of Fort Worth, shall recite the terms and time of payment, the amount of the assessment, the description of the property, and the name of the owners, as far as known, and shall contain such other recitals as may be pertinent thereto, and shall further recite substantially that all proceedings with reference to the making of such improvements have been regularly had in -3- compliance with law, and that all prerequisites to the fixing of the assess- ment lien against the property described in said certificates and the personal liability of the owners thereof, have been regularly had, done and performed, and such recitals shall be prima facia evidence of the matters so recited, and no further proof shall be required in any court, and the said certificates shall provide substantially that if default be made in the payment of any installment promptly as the same matures, then, at the option of the City of Fort Worth, or its assigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorney's fees and costs of collection, if incurred, all of which, as well as the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other liens and claims except State, County, School District, and City advalorem taxes. No error or mistake in naming any owner or in describing any property or in any other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof. In making assessments, if the name of the owner be unknown, it shall be sufficient to so state the fact, and if any property be owned by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall not be necessary to give the correct name of the owner, but the real and true owners of the property mentioned shall be liable and the assessments against the property shall be valid. The certificates referred to need not contain re- citals in exactly the words above provided for, but the substance thereof shall suffice, and they may contain other and additional recitals pertinent thereto. VI . A hearing be given and held by and before the City Council of the City of Fort Worth, Texas, to all owning or claiming any benefited property -4- as well as to all owning or claiming any interest in any such property. Such hearing shall be given and held on the 13th day of September, 1971, at 9: 30 a.m., in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and the City Secretary is hereby directed to give or cause to be given notice of the time and place of such hearing and of other matters and facts in accordance with the terms and provisions of an Act of the 58th Legislature of the State of Texas, Chapter 192, commonly known as Article 1110c of Vernon 's Texas Civil Statutes as amended by Acts 1967, 60th Legislature, page 2068, Chapter 769, effective August 28, 1967, and as further amended by Acts 1969. Such notice shall be by advertisement inserted at least three (3) times in a newspaper published in the City of Fort Worth, Texas, the first publication to be made at least ten (10) days before the date of said hearing. Said notice shall comply with and be in accordance with the terms and provisions of said Act as amended. The City Secretary is further directed to give or cause to be given personal notice of the time and place of such hearing to all owning or claiming any benefited property. Such personal notice shall be by writing mailed to the address of the owner of such property or the person who last paid taxes on such property as determined fromthe Texas rules of the City, such written notice to be mailed at least ten days prior to the date set for the hearing. The City Secretary shall prepare a list showing the names and addresses of the persons to whom such written notice was mailed and shall certify that each of the parties in said list was mailed a copy of the notice of hearing and shall further certify the date or dates on which said notice was mailed. A copy of each notice shall be attached to such certificate. The certificate of the City Secretary will be conclusive evidence of the facts therein recited. -5- VII . The City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice in accordance with the pro- visions of the Act rtferred to herein and otherwise known as Article 1110c of Vernon's Revised Texas Civil Statutes. Such notice stated that a portion of the cost of such improvement is to be or has been specially assessed as a lien upon property benefited thereby and describing such property. VIII . The improvements provided for herein shall be made, constructed, notice given, hearing held, assessment levied, and all proceedings taken and had in accordance with and under the terms, powers and provisions set forth in Chapter 192, of the Acts of the 58th Legislature of the State of Texas, commonly known as Article 1110c of Vernon's Texas Civil Statutes, as amended. IX. 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 and by filing the complete ordinance in the appropriate Ordinance Records of this City. X. This ordinance shall take effect and be in full force and effect from and after the date of its passage. PASSED AND APPROVED THIS DAY OF 1971 . APPROVED AS TO FORM AND LEGALITY: 0 0 City Attorney -6- A �, I' It� `' \•1M!�- t al��,�yw °1 '�� �• ,+\ e \ ` \�•''�`�` '.�. F- . 1 g � •�° . 46 1 n7l, A; �' ra%'°° / � 1 � t.V 34 t C 20 X.. A, h Z4' 42. �At 40 a c I L �'`•"� ,•tis\ SA .17 'zi x., AIDSLEA RIOSLIFA W/LLS HILLS lea 00 '7 A DD IV �p 9 PGLF-A 40UT11 _j P'l `.tt J�• w :a RIDC • • 40 W, 9OUTH 3 e ADOW A I'd-Vk! 7, I 1 • 7 A 1 1 4 0- 660 1� # 1 4 1 A I 1 4 1 1 A f 31 V, It j1u U /[ST VICKER VD. ea \: �"� ESTIMATED COST DISTPiBUTION LEGEND PROPOSED SEWER SEGME Proposed Developer 'Approach Mairf @Ma DIMS AToB 3 IG5 7912!; $495625 Proposed Developer On-Site Main utt,,www B To D 2_9�_2500 721.25 a"5 Proposed City Sewer Extension for jl:49-mais� 6,09000 1,522- 7,6125o Lots 9-11, Blk 36 11111full" D To E , . UTILO 0 0 24240W-12 go Existing Sanitary Sewers Constructed suls MrA49 9,0160- 2.265— 11.32150* After January 1953 9==VW 13 10 C 1,500** !,500** L-3133 Relief Gawar Const, 1955 bmm rorA48. 49,060- X3,7650° 12,825.. Area Diverted from L-3133 by 1958 Relief Sewer 0 UNK City of Fort Worth, Texas MAOGM Mayor and Council Communication ONAMM DATE REFERENCE SUBJECT: Assessment Construction of PAGE ROBINSON NUMBER Sanitary Sewers to Serve Block 47 and 1 of 1 8/9/71 G-1802 Block 48, Ridglea West Addition On June 7, 1971, the Council approved the construction of sanitary sever to serve Lots 1 through 12, Black 47, and- Lots 1 through 9, Bloch 48, Ridglea West Addition (4900 and 5000 blocks of Borden Street) under the Assessment Utility Construction Policy. The Water Department Engineering Division has proceeded with the preparation of detailed estimates of the cost of extending the sanitary sewer north in Borden Street. The sewer extension will connect to the sewer in West Vickery Boulevard and will serve all of the lots in Blocks 47 and 48, Ridglea West Addition. The total estimated cost of this proposed sanitary sewer extension by City forces including engineering, is $7,369, and it is proposed to assess 90 per cent of this cost against the front footage of the properties benefited by this sanitary sewer extension, which properties are Lots 1 through 12, Block 47, and Lots 1 through 9, Block 48, Ridglea West Addition. The proposed amount of the assess- ment per front foot will be $4.85. State statutes require that a public hearing be held relative to this proposed assessment construction and that public and specific notice be given to affected property owners at least ten days prior to the date of such hearing. Letters have been prepared to be used in notifying each of the property owners involved of the proposed assessment construction and an advertisement has been prepared for publication. It is proposed that these notices set the date for the hear- ing as September 13, 1971, at 9:30 a.m. in the City Council Chambers, Recommendation It is recommended that an ordinance be adopted providing that: 1) The necessity exists for the construction of a six-inch sanitary sewer, extending north 1300 feet in Borden Drive from West Vickery Boulevard, to provide sanitary sewer service to Lots 1 through 12, Block 47, and Lots 1 through 9, Block 48, Ridglea West Addition, and 2) A portion of the cost of this sanitary sewer extension should be assessed against the property benefitted by the extension, and that the amount of such assessment should be $4.85 per front foot, subject to determinations made during the public hearing relating to such assessment, and 3) The date for such public hearing be established as September 13, 1971, at 9:30 a.m. in the City Council Chamber. ML/j e i SUBMITTED BY: DISPOSITIO Y COUNCIL: PROCESSED BY ,�A-P-PROOVED ❑ 0 HER (DESCRIBE) �['O�Y ""o " �QSo CITY SEC ET RY DATE CITY MANAGER