HomeMy WebLinkAboutOrdinance 9933ORDINANCE No. ~p~j,:1~.J
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF THOMPSON ROAD AND NORTH BEACH STREET
AMID PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN
THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST
ABUI7'ING PROPERTY THEREON, AND AGAINST THE OWI~RS THEREOF; PROVIDING
FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE
RIGHT Ta ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE
ASSESSMENT TO THE EXTENT OF ANY CREDIT G12AtVTED; DIRECTING THE CITY
SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY QOPYING THE CAPTION
OF SAME IN THE MINUTES OF THE CITY COUNCIL OF E~RT 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:
THOMPSON ROAD From North Beach Street to approximately 3005
linear feet west , known and designated as
Project No. 90-136022-00, a seven-inch
thick concrete pavement with a seven-inch
high attached concrete curb and on a
six-inch thick lime stabilized subgrade, so
that the finished roadway will be
forty-eight feet wide on the sixty-eight
feet wide right-of-way. Six-inch thick
concrete driveway approaches will be
constructed as specified on the plan.
NORTH BEACH STREET From 116 linear feet on the north side to 116
linear feet on the south side of Thompson
Road, known and designated as Project No.
90-136022-00, a seven-inch thick concrete
pavement with seven-inch attached concrete
curb on a six-inch thick lime stabilized
subgrade, so that the finished roadway will
be thirty-six feet wide and will comprise
the southbound lane on a one hundred and
twenty feet wide right-of-way.
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The above together with concrete curbs and gutter at 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 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 J.L. BERTRAM CONST. &
ENGINEERING CO., for the making and construction of such improvements on the above
said portion of streets, avenues and public places.
ViIE~REAS, 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
heaein was had and held at the time and place fixed therefore, to-wit, on the 18th
day o~ AUGUST, 1987, 10:00 A.M., in the Council Chamber in the City Hall in the r~l~
of Fort Worth, 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 EY THE CITY QOUNCIL OF THE CITY OF E'ORT WORTH, TEXAS, THAT
I.
The benefit hearing for the assessment for paving and other improvements to
Thompson Road from North Beach Street to approximately 3005 linear feet west, and
North Beach from 116 linear feet on the north side to 116 linear feet on the south
side of Thompson Road 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
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 note 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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1 V
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.
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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
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 accept~l, 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.
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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 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 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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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 described abuts, and the assessments for the improvements in any
unit are in nowise affected b~ 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.
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
APPROVED AS TO FDRM AND LEGALITY:
City Attorney
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PROJECT N0. 90-136022-00, THOMP50N ROAD, FROM NORTH BEACH STREET TO APPROXIMATELY 3005
LINEAR FEET WEST, AND NORTH BEACH STREET, FROM 116 LINEAR FEET ON THE NORTH SIDE TO 116
LINEAR FEET ON THE SOUTH SIDE OF THOMP50N ROAD. Thompson Road is to be improved by
constructing a seven-inch thick concrete pavement with seven-inch high attached concrete
curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be
forty-eight feet wide on the sixty-eight feet wide right-af-way. Six-inch thick concrete
driveway approaches will be constructed where shown on the plans. North Beach Street will
be improved by constructing a seven-inch thick concrete pavement with seven-inch high
attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished
roadway will be thirty-six feet wide and will comprise the southbound lane on a one hyndred
and twenty feet wide right-of-way.
OWNER & LEGAI, DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSNIEE[~Tr
BEIGINNING AT NORTH BEACH ST. CHARLES C. WHITE SURVEY
NORTHSIDE
000005969832
ROUTEN REALTY CO. 116.00' Pavement 50.14 5816.24
TRUSTEE 1075.01' Pavement 46.34 49815.96
3131 TURTLE CREEK, STE 222 C 1159.01' Curb 2.40 2781.62
DALLAS, TX 75219 1191.01' St. Lights 1.87 2227.19
A 1611 TR 1C 1191.01' Drainage #1 14.21 16924.25
1191.01' Drainage #2 3.12 3715.95
1075.01' Util. Adj. 4.03 4332.29
85613.50
ADJUSTED:* 85613.50
CHARLES C. TnhiITE SURVEY
000005960622
KEI,LER I.S.D. 1299.00' Pavement 38.53 50050.47
328 LORINE B 1299.00' Curb 2.40 3117.60
KELLER, TX 76248 1299.00' St. Lights 1.87 2429.13
A 1611 ZR 1B1 1299.00' Drainage #1 14.21 18458.79
1299.00' Drainage #2 3.12 4052.88
1299.00' Util. Adj. 4.03 5234.97
83343.84
83343.84
CHARLES C. WHITE SURVEY
0000005960622
KELLER I.S.D. 630.00' Pavement 46.34 29194.20
328 IIJURINE B 614.00' Curb 2.40 1473.60
TX 76248
KELLF,R 678.90 SF Dr. App 2.61 1771.93
,
A 1611 TR 1B1 630.00' St. Lights 1.87 1178.10
(HERITAGE ELEM. SCH 630.00' Drainage #1 14.21 8952.30
IMPROVID SECTION 630.00' Drainage #2 3.12 1965.60
CFA #15744) 630.00' Util. Adj. 4.03 2538.90
47074.63
ADJUSTED:* 47074.63
pre-paid
SUB'T'OTAL THIS PAGE ................ .......... .......... 21 6031.97
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OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT
SOUTHSIDE WILLIAM W. THOMPSON SURVEY
Texas American Bank
Atten Paul Goolzby
Special Assets Dept. A 2224.00' Pavement 38.53 85690.72
Post Box # 2050 2208.00' Curb 2.40 5299.20
Fort Worth, Tx. 76113 2224.00' St. Lights 1.87 4158.88
A 1498 TR 4C 2224,00' Drainage #1 14.21 31603.04
2224.00' Drainage #2 3.12 6938.88
2224.00' Util. Adj. 4.03 8962.72
142653.44
ADJUSTID
WILLIAM W. THOMPSON SURVEY
000005699320
BASS EROS ENr'i'ERPRISES, INC. 116.00' Pavement 50.14 5816.24
~KIRKWOOD & DARBY, INC. 779.59' Pavement 46.34 36126.20
200 W. SEVENTH ST. AR 841.59' Curb 2.40 2019.82
SUITE 1511 895.59' St. Lights 1.87 1674.75
FORT WORTH, TX 76102 895.59' Drainage #1 14.21 12726.33
A 1498 TR 4 895.59' Drainage #2 3.12 2794.24
779,59' Util. Adj. 4.03 3141.75
ADJUSTED:*
64299.33
SUB`T'OTAL THIS PAGE...........$206952.77
PAVING COST ~ PROPERTY OWNERS ................ $411316.69
STREET LIGHT COST ~ PROPERTY OWNERS.......... 11668.05
TOTAL COST TO PROPERTY OWNERS ...................................... $ 422984.74
COST ~ CITY OF FLIRT WORTH .................... $ 72183.35
EL~TGINEERING, INSPECTION & ADMINISTRATION...... 24758.40
(5~ of bid, $495,168.09)
TOTAL COST TO THE CITY OF FORT WORTH ............................... $ 96941.75
TOTAL ESTIMATID OONSTRUCTION COST .................................. $ 519926.49
TOTAL F00'I'AGE ................................... 6239.60
a~c~ecnrtu~nm
142653.44
64299.33
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THONIPSON ROAD
- Credit for drainage inlet.
NOTE: PER CFA POLICY
Pavement rate for North Beach Street 26' width = $50.14
Pavement rate for Thompson Road 24' width = $46.34
Pavement rate for Thompson Road 20' width = $38.53
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City of Fort Worth, 2"exas
~~Gn~h~~d.~..~ .1~llay®~° a~~l c~®~~~~~ c~®~~~~a~at~®~
~F~cEt:'7•~i?RFC,7'Q!rt(pU6LiG SYUkKh•~
S3'ATfkt:4Gfw` wDATE,~~~~ REFERENCE SUBJECIBENEFIT N ,
NUMBER THOMPSON ROAD FROM N0. BEACH STREET TO PA~E
8-18-87 G-7192 05 FEET WEST,, AND NORTH BEACH STREET lof
RECOMMENDATION
It is recommended that an ordinance be adopted closing the benefit hearing for
the construction of Thompson .Road from North Beach Street to 3005 feet west,
and the west half of North Beach Street from 116 feet north and south of
Thompson Road, and levying the assessments as proposed.
BACKGROl1ND
On March 24, 1987 (M&C C-10185), the City Council approved the contract for the
installation of Community Facilities for Heritage Elementary School. Under the
contract, the west half of Beach Street will be improved 116 ft. north and
south of Thompson Road and Thompson Road will be improved from North Beach
Street westerly an approximate distance of 3005 feet. These streets, when com-
pleted, will provide safe access for bus and vehicular traffic primarily serv-
ing the recently completed Heritage Elementary School site. The construction of
the portion of Beach Street included in this contract and the section of Beach
from 116 ft. south of Thompson Road to Summerfields Boulevard, for which the
benefit hearing is also being held today, will provide a continual throughfare
from Summerfields Boulevard to Thompson Road.
On July 21, 1987 (M&C C-10418), the City Council awarded the construction
contract to J.L. Bertram Construction and Engineering Company and .established
August 18, 1987, as the date of the benefit hearing.
This project is in Council District No. 2.
PROJECT DESCRIPTION
ROADWAY R.O.W.
STREET LIMITS WIDTH-FEET WIDTH - FEET
Thompson Road N. Beach Street 48 68
westerly approximately
3,005 linear feet
North Beach Street 116 ft. North of, to 36 60 (Half ROW)
(West Half) 116 ft. South of Thompson 120 (Future ROW)
Road Intersection
IMPROVEMENTS
Thompson Road is to be improved by constructing a four lane undivided minor
arterial type roadway of seven-inch thick reinforced concrete pavement on a
six-inch thick lime stabilized subgrade with seven-inch high concrete attached
curb. A double eight-foot by five-foot reinforced concrete box culvert and
other storm drain facilities will also be installed.
DATE REFERENCE s~B~EC-h3ENEFIT HEARING, ASSESSMENT PAVING OF PAGE
NUMBER THOMPSON ROAD FROM N0. BEACH STREET TO 2
2
8-18-87 G-7192 3005 FEET WEST AND NORTH BEACH STREET aF
116 FEET NORTH AND SOUTH OF THOMPSON ROAD
North Beach Street (west hal f) is to be improved by constructing a seven inch
thick reinforced concrete pav ement on a six inch thick lime stabilized subgrade ~
with seven inch high concrete attached curb.- This improvement will comprise the
ultimate south bound lanes.
Street lights will be install ed under a separate contract at a later date.
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 $415,559.16 of
which $45,109.03 has been prepaid. Cost to the City of Fort Worth is
approximately $116,035.38, wh ich includes $24,758.40 for engineering inspection
and administration.
It is the opinion of the Director of the Real Property Management Department
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.
APPROVED DYE
DAI:da C~~~ C~~~~~~
AUG ~~ irk?
City Seczatazy of tho
City of Fort VSiorttx, Texc.3
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY
DISPOSITION BY COUNCIL.
PROCESSED BY
^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD• Gar Cantu„
J CITY SECRETARY
FOR ADDITIONAL INFORMATION 7
O xdOpted Ordinance No
CONTACT DrOI et f C~~S y
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DATE
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