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HomeMy WebLinkAboutOrdinance 9814.,: ORDINANCE NO. ~",~ ORDINANCE CIASING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF COLLEGE AVEN[JE 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 CRIDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT 'TO THE EXrl.~NT OF ANY CREDIT C~d~ANTED; DIRECTING THE CITX SECRETARY 'lI) ENGROSS AND ENROLL THIS ORDINANCE BY OOPYING 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, WE~RF.AS, 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: COLLEGE AVEN[JE From West Cantey Street to West Capps Street, known and designated as Project No. 30-024318-00, a five-inch thick reinforced concrete pavement with seven-inch high monolithic concrete curb on six-inch thick lime stabilized subgrade, so that the finished roadway will be thirty feet wide.. Six-inch thick concrete driveway approaches will be constructed where required. Four-inch thick concrete sidewalks will be constructed where required. 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 therefore: and contract has been made and entered into with WALT WILLIAMS CONSTRUCTION COMPANY for the making and construction of such improvements on the above said portion of streets, avenues and public places. ~ti~REA~S, 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 20th day of Janua 1987, 10:00 A.M., in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit: .~G~.~ protested that protested that protested that protested that .protested that protested that protested that protested that protested that protested that and said hearing was continued to the present time in order to more fully accomplish the purposes thereof, and 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 be 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 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 benef its 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: -3- 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 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 (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 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 sha]'_1 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 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 any equity and/or unjust discrimination. The principal amount of each of the several assessment certificates to be issued the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any aseesment 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 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 t}~ereon, 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. r The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be co1_lectable, 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 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 reassesments 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 described, notwithstanding such owners may not be named, or may be incorrectly named. XIT. 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 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 1105b 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. 'T'his 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 / ~. APPROVED A5 ~ FORM AND LEGALITY:- City Attorney -7- PROJECT N0. 30-024318-00, COLLEGE AVENUE, FROM WEST CANTEY STREET TO WEST CAPPS STREET, to be improved by constructing a five-inch thick reinforced concrete pavement with seven-inch high monolithic concrete curb on six-inch lime stabilized subgrade, so that the finished roadway will be thirty feet wide. Six- inch thick concrete driveway approaches will be constructed where required. Four inch thick concrete sidewalks will will be constructed where required. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT INTERSECTION OF CANTEY STREET WEST SIDE SOUTH HEMPHILL HEIGHTS Alma D. Honea E1/3 8 100' Pavement 2800 Sierra Drive of B-2 Fort Worth, TX 76116 13 & 14 875.00 875.00 Denson W. Pruett 15 8 50' Pavement 12770 Merit Drive B-2 Dallas, TX 75251 875.00 875.00 Mrs. Peter Lerner 16 8 50' Pavement 2730 College Avenue B-2 Fort Worth, TX 76110 875.00 875.00 SUBTOTAL THIS PAGE $2,625.00 -1- PROJECT N0. 30-024318-00, COLLEGE AVENUE, FROM WEST CANTEY STREET TO WEST CAPPS STREET, cont.. OWNER WEST SIDE Wm H. Martin 2728 College Avenue Fort Worth, TX 76110 BLOCK LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH HEMPHILL HEIGHTS 17 8 B-2 50' Pavement 875.00 875.OC John B. Cook 7108 Serrano Drive Fort Worth, TX 76126 18 8 B-2 50' Pavement 875.00 875.00 Richard W. Nieswiadomy 19 8 2720 College Avenue B-2 Fort Worth, TX 76110 50' Pavement 875.00 875.00 SUBTOTAL THIS PAGE $2,625.00 -2- PROJECT N0. 30-024318-00, COLLEGE AVENUE, FROM WEST CANTEY STREET TO WEST CAPPS STREET, cont. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT Gordon E. Snider 20 8 50' Pavement 875.00 2716 College Avenue B-2 Fort Worth, TX 76110 875.00 Virginia McGregor 21 8 50' Pavement 875.00 2712 College Avenue B-2 Fort Worth, TX 76110 875.00 Richard D. Deniker & 22 8 50' Pavement 875.00 George G. Calhoun B-2 2708 College Avenue Fort Worth, TX 76110 875.00 SUBTOTAL THIS PAGE $2,625.00 -3- ~. PROJECT NO. 30-024318-00, COLLEGE AVENUE, FROM WEST CANTEY STREET TO WEST CAPPS STREET, cont. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT Orlena Milling 23 8 50' Pavement 875.00 2704 College Avenue B-2 Fort Worth, TX 76110 875.00 Ida Mae Hume Churchill 24 8 50' Pavement 875.00 2700 College Avenue B-2 Fort Worth, TX 76110 875.00 W. CAPPS INTERSECTS EAST SIDE Jose Mendoza W96. 7 75' Pavement 875.00 et ux Juana 5'-1 B-2 2701 College Avenue &W96 Fort Worth, TX 76110 1/2 N25'-2 875.00 SUBTOTAL THIS PAGE $2,625.00 -4- PROJECT N0. 30-024318-00, COLLEGE AVENUE, FROM WEST CANTEY STREET TO WEST CAPPS STREET, cont. OWNER BLOCK LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT Jean F. Dhanji S1/2 7 2705 College Ave. -2 & B-2 Fort Worth, TX 76110 N1/2 -3 50' Pavement 875.00 875.OC Roger E. Nickel S25' 7 & Patricia Nickel -3 & B-2 2711 College Ave. N20' Fort Worth, TX 76110 -4 45' Pavement 875.00 875.OC Ed A. Wilson, Inc. P.O. Box 11423 Fort Worth, TX 76109 4R 7 B-2 45' Pavement 875.00 875.00 SUBTOTAL THIS PAGE $2,625.00 -5- i PROJECT N0. 30-024318-00, COLLEGE AVENUE, FROM WEST CANTEY STREET TO WEST CAPPS STREET, cont. OWNER BLOCK LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT Neil C. Nichols S35' 7 2205 Windsor Place -5 & B-2 Fort Worth, TX 76110 N10' 6 45' Pavement 875.00 875.0 Ronnie R. Lemons S.40' 7 2717 College Avenue -6 B-2 Fort Worth, TX 76110 40' Pavement 875.00 875.OC James P. Collins 2727 College Avenue Fort Worth, TX 76110 7 7 B-2 50' Pavement 875.00 875.00 SUBTOTAL THIS PAGE $2,625.00 -6- }~ PROJECT N0. 30-024318-00,_COLLEGE AVENUE, FROM WEST CANTEY STREET TO WEST CAPPS STREET, cont. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT J.W. Busbee 8 7 50' Pavement 875.00 2729 College Avenue B-2 Fort Worth, TX 76110 875.00 Roy 0. Butts 9 7 50' Pavement 875.00 2731 College Avenue B-2 Fort Worth, TX 76110 875.OC Roy 0. Butts 10 7 50' Pavement 875.00 2731 College Avenue B-2 Fort Worth, TX 76110 875.OC SUBTOTAL THIS PAGE $2,625.00 -7- PROJECT N0. 30-024318-00, COLLEGE AVENUE, FROM WEST CANTEY STREET TO WEST CAPPS STREET, cont. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT EAST SIDE SOUTH HEMPHILL HEIGHTS Ed A. Wilson 11 & 7 100' Pavement 875.00 P.O. Box 11423 12 B-2 Fort Worth, TX 76109 ASSESSMENT 875.0 SUBTOTAL THIS PAGE $875.00 The assessments results in the following division of cost. Total cost to property owners (assessments) $19,250.00 Paving Cost to City of Fort Worth $80,632.45 Engineering Inspection and Administration $4,994.12 (5% of $99,882.45 low bid) Total Cost to City of Fort Worth $85,626.57 Total Estimated Construction Cost $104,876.57 -8- s ,MASTER F'~L,C E ~~ ACC~UN ING•2 ? 77// //--~~ 777~~~ ,///~~~ ~ SRANSP_ORiATIC1f,~PUBLtG.WOt~~11/~~®~p ~~rJ/ ~®~~^~~ ~®~~~~~/>,~~/~j®~ SRATL-R ADMINIS7S2Aii0N A ~~/~ U (~ (L ((/ ((/ REAL'PRDf'EF:l:t.5DATE REFERENCE SUBJECT BENEFIT HEARING, ASSESSMENT PAGE NUMBER PAVING OF COLLEGE AVENUE FROM W. 2 2- - CAPPS STREET TO W. CANTEY STREET '°f -- PROJECT N0. 30-024318 RECOMMENDATION It is recommended that an ordinance be adopted closing the benefit hearing on the paving of College Avenue from W. Capps Street to W. Cantey Street. Rerr~RrniNn Based on a petition received from adjacent property owners and the need to address a drainage problem, the City Council by M&C G-6321 dated April 23, 1985, declared the necessity for and ordered the improvements to College Avenue from W. Capps Street to W. Cantey Street and authorized the Director of Transportation and Public Works to design the project with in-house forces and advertise for construction bids. The M&C further specified that assessments would be for pavement only. On December 22, 1986, M&C C-10053 awarded the contract for reconstruction of College Avenue to Walt Williams Construction Company. This project is located in District 9. The benefit hearing was opened on January ?_0, 1987, and cont nued for two weeks to allow the staff to consider a request from the property owners. PROJECT DESCRIPTION ROADWAY R.O.W STREET LIMITS WIDTH-FEET WIDTH-FEET College Avenue West Capps Street 30 80 to West Cantey Street PROPOSED IMPROVEMENTS It is proposed to improve College Avenue by constructing a five-inch reinforced concrete pavement with seven-inch high monolithic concrete curb on a six-inch thick lime stabilized subgrade so that the roadway will be thirty feet wide. Four-inch thick concrete sidewalk will be constructed where required. Six-inch thick concrete driveway approaches will be constructed where required. ORDINANCE PROVISION The payment plan set forth in Paragraph V of the attached ordinance differs from the payment plan approved originally in Ordinance No. 9790 authorizing the project and setting the benefit hearing date. The payment plan to be adopted is accurately reflected in the attached ordinance closing the benefit hearing and levying the assessments. z \ `~ ff ~ DATE REFERENCE SUBJECT BENEFIT HEARING, ASSESSMENT PAGE NUMBER PAVING OF COLLEGE AVENUE FROM W. 2 2 2-3-87 G-6931 (Revise ) CAP PS STREET TO W. CANTEY STREET - -°f__-_ PROJECT N0. 30-024318 ASSESSMENTS In accordance with standard policy, the assessments on College Avenue were calculated based on the front footage and adjusted for the enhancement in property values as determined by the Director of Real Property Management, which resulted in some variations in the amounts assessed against different properties. On January 20, 1987, prior to the City Council meeting, one of the property owners presented the staff a petition signed by owners of 18 of the 22 parcels on the street requesting that the assessments be equalized at $875 per property. The staff in the Transportation and Public Works Department and the Department of Law reviewed the request and determined that the assessments could be adjusted provided each property owner agreed in writing and stipulated that the amount of the assessment represents the enhancement in value and special benefit to the property as defined in Vernon's Texas Civil Statutes, Article 1105b. Agreements to this effect have been signed by owners of 21 of the 22 parcels of land. The remaining property owner lives in Dallas and has not returned his agreement, however, he has informed the staff by telephone that he has no objection. Based on the negotiated agreement, the cost to t:he property owners for their share of the construction is approximately $19,250. The cost to the City of Fort Worth is approximately $85,626.57, which includes $4,994.12 (5% of bid price) for engineering inspection and administration. DAI:dn API~ROVED BY CITY ~p~NCI~, ~~~ ~ :~~~ ~~~ City Secretory of th® City of Font Worth, T'e.Y~ SUBMITTED FOR THE ~ CITY MANAGER'S , DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ^ GTHER (DESCRIBE) DEPARTMENT HEAD• Gar Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Rdopted ®f(~lfiarce i~a, E~ D 1 t 7805 DATE