HomeMy WebLinkAboutOrdinance 9948
ORDINANCE NO.~ '~
ORDINANCE CIASING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPF~VING A PORTION OF MCCART AVENUE UNIT 1
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 OOLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE THERFAF; RESERVING UNTO THE CITY COUNCIL THE
RIGHT ~ ALLOW CREDITS REDUCING `.SHE AMOUNT OF THE RESPECTIVE
ASSESSMENT 'PO THE EXTII~T OF ANY CRIDIT CzRANI'ED; 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
FII,ING 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:
McCART AVENUE UNIT 1
From 646 feet south of Sycamore School Road
south right-of-way line to 160 feet north
of Sycamore School Road north right-of-way
line for a distance of 936 feet. Also 100 feet
of Sycamore School Road from the east McCart
Avenue right-of-way line, known and designated
as project No.67-023203-00, a seven-inch thick
reinforced concrete pavement with a seven-inch
higYi integral concrete curb on a six-inch thick
lime stabilized subgrade, so that the finished
roadway will consist of two thirty feet wide
traffic lanes with a twenty-eight wide median
on the one-hundred and twenty feet wide right-
of-way.
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 AUSTIN ROAD COMPANY.
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
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 1st day
of SF'.PTF.MF3F.R, 1987, 10:00 A.M., in the Council Chamber in the City Hall in the CC y 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 BY THE CITY COUNCIL OF THE CITY OF F1~RT WORTH, TEXAS, THAT
I.
The benefit hearing for the assessment for paving and other improvements to
McCART AVII~[JE frown 646 feet south of Sycamore School Road south right-of-way line to
160 feet north of Sycamore School Road north right-of-way line for a distance of 936
feet. A1so,100 feet of Sycamore School Road from the east McCART AVENUE right-of-way
line 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.
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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 Haney 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 ]mown, being as
follows:
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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.
Zane 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, c~ether 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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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
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 assess.~nents 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 herenabove levied such
annunt 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 vollection 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 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 eertif icates 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 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
reeeipted 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 accounts 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, know as Chapter 106 of the Acts of said Session and
now shown as Article 1105b of ~ernon'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 AI~7 APPRUVFD this day 19~_.
AI~VID AS TO Ft~RM Atm LEGALITY
City Attorney
.7_
PROJDCT PA. 67-023203-00, McCAKT AVENUE, UNIT I, FROM 646 FEET 90UTH OF THE SYCAMORE SCHOOL
ROAD SOUTH ROW LINE ZO 160 FEET NORTH OF THE SYCAMORE SCHOOL RUAD I~ARTH ROW LINE FUR A DISTANCE
OF 936 FEET. ALSO 100 FEET OF SYCAMORE SCHOOL RfJAD FROM THE EAST McCART AVENUE RDW LINE, to be
improved by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high
integral concrete curb on a six-inch thick lime stabilized subgrade, so that the finished road-
way will consist of two thirty-six feet wide traffic lanes with a twenty-eight feet wide median
on the one-hundred and twenty feet wide right-of-way.
OWNER & I~DGAL DESCRIPTION ZOIQING FRONTAGE RATE AMOUI~TT
BEGIla1IlVG AT 160 FEET NORTH ~ SYCANDRE SCHOOL 1~.lAD
WESTSIDE IaA13NE,'Y ADDITION.
000004681614
CCII.,IIIM DEV. C4.
$PROP. TAX SERV. 00.
14303 INWOOD RD
DALLAS, TX 75240
BIK 4 IUT 1
E 160.00'Pavement
160.00'Curb
160.00'St. Lights
160.00'Drainage
ADJi7STID:
SYCANDRE SCHOOL RD. INTERSECTS
000004011872
DUNNING DEV. 00.
8235 DOUGS,ASS AVE. , STE 8 E
D~ISAS, TX 75225
BIIC A LOTS 1 & 2
ADJUSTED:*
EASTSIDE
000001703358
SOO'I'T DUPUY
ETUX SUSIE
3416 WOODLARK E
FLIRT W~I41, TX ?6123
BZIC 1 Ip'T 1
55.20 8832.00
3.42 547.20
5.48 876.80
11.68 1868.80
SYCAMORE BEND ADDITION
12124.80
646.00'Pavement 55.20 35659.20
615.00'Curb 3.42 2103.30
646.00'St. Lights 5.48 3540.08
646.00'Drainage 11.68 7545.28
1 Median Opening 11325.00
N~.ADOW CRK ADDN, PH I
134.00'Pavement 0.00
134.00'Curb 0.00
60172.86
0.00
0.00
ASSESSMENT
12124.80
Pre paid
60172.86
Pre-paid
0.00
IAA ASSESSMENT
AD~7U.S'TED: **
SUffPOTAL 'i41IS PAf.,'E .................................... 72297.66 - 1-
OWNER & LEGAL DESCRIPTION
EASTSIDE
000001703331
JAMES A. SAMMONS
2630 W. PREEfn~Y, #218
FORT WQRTEi, TX 76102
BIK 1 LOT A
ZONING FRONTAGE RA.. AMOtJNP
IHF',ADOW CRK ADDN, PH I
E 628.00'Pavement 55.20 34665.60
614.00'Curb 3.42 2099.88
628.00'St. Lights 5.48 3441.44
628.00'Drainage 11.68 7335.04
47541.96
ADJUSTED:*
SYCAMORE SCHOOL RD.
000004698487
ALLTEX LAND INV. Cfl.
$P,VTAX INC.
902 W. QOMMERCE E ~
DALLAS, TX 75208
A 1463 TR 4
SA & MG RY CO SURVEY
232.00'Pavement 55.20 12806.40
216.00'Curb 3.42 738.72
232.00'St. Lights 5.48 1271.36
232.00'Drainage 11.68 2709.76
17526.24
ADJUSTID:
SUBTOTAL THIS PAGE ...................................... 65068.20
OOST TO PROPERTY OWNE.'f2.S:
Street Construction $ 128236.18
Street Lights $ 9129.68
ASSESSME
47541.96
Pre-paid
17526.24
ZC)2AL OOST TO PROPERTY OWi~2S ................................................... $ 137365.86
PRE-PAID Q06T ~ PROPERTY OWNEEt.S
Balance of Payment
Street Construction $111981.30 $ 16254.88
Street Lights 7858.32 1271.36
OOSr TO CITY OF PORT WORTH ............................ $ 232633.83
ENGINEERING, II~ISPEC,TION & ADMINISTRATION .............. $ 18499.98
(5$ of low hid of $369999.69)
TOTAL COST TO CITY OF FORT WO~I'H ................................................ $ 251133.81
Z~DTAL ESTIMATID CONSZRUCTION COST ............................................... $ 388499.67
TOTAL FOOTAGE .......................1800.00
* -Adjusted for credit for drainage appurtenances.
** - No benefit, ac~vess prohibited on to McCart Avenue. - 2-
R n^ASF'ER ftLE J "'
AC(:OUNTlf~La-~ ~
~~~ fit ® JFo~°t ~®rth, ~ex~zs
7RANSf'ORTATtF}N'pUE3LiC VNfORK:a.t1 O/•~/~,7yJ /7/J
~ Vi'~'TLR ADMIIVf,°,IRA'1~Y(~N~'VW~®~ ~~~L~IV ~®1(/W~~~W ~~~U Y W ~LW~~WRAf/~~®~
REAL PROPENI.
1
DATE NUMBER CE SUBJECT BENEFIT HEARING, ASSESSMENT PAVI G PAGE
9-1-87 G-7220 OF McCA'RT AVENUE, UNIT I, FROM 646 FT. lot 2
NORTH OF SYCAMORE SCHOOL ROAD
RECOMMENDATION
It is recommended that an ordinance be adopted closing the benefit hearing for
the construction of McCart Avenue (Unit 1) from 646 feet south of Sycamore
School Road to 160 feet north of Sycamore School Road, and levying the
assessments as proposed.
BACKGROUND
The 1986-88 Capital Improvement Program approved by the voters in March, 1986,
included funds for the improvement of McCart Avenue from Madrid to Columbus
Trail. Since 1979, there have been three Community Facilities Agreements which
involved segments of McCart Avenue. Land improvements along the street and
adjacent neighborhoods are generating substantial traffic on the existing
narrow and deteriorated roadway pavement. Sycamore School Road is being
constructed from McCart Avenue to Crowley Road to link with recently
constructed sections west of McCart Avenue and east of Crowley Road.
The construction of McCart Avenue on either side of Sycamore School Road will
improve traffic circulation at the intersection and is being scheduled at this
time at the request of the developer of the adjacent property. The improvement
of the remainder of McCart Avenue from Madrid to Columbus Trail is currently
under design, and the Assessment Paving Benefit Hearing will be scheduled on
the remaining sections at the earliest possible date.
On August 4, 19$7 (M&C C-10451), the pity ~bunci~ Awdr'd2d the ~6n~~w~~i=1o~
~6ntt~~ct to Austin ~~~ci Ga~iparty end estdbli~li~d ~ep~~rribdt~ ~, ~~$~ ~~ ~hd chid
6f the b~rl~fit Fte~t^in~:
fihis ~roj~dt is iii Cbii~cij District No. ~.
PROJECT DESCRIPTION
STREET
McCart Avenue
Unit I
L,I MI TS
From 646' south of
Sycamore School Road
to 160' north of Sycamore
School Road
WIDTH-FEET
Double 36
R.O.W.
WTnTN-FEET
IMPROVEMENTS
120
McCart Avenue, Unit I, is to be constructed with a seven-inch thick reinforced
concrete pavement with seven-inch high integral concrete curb on a six-inch
thick lime stabilized subgrade, so that the finished roadway wi11 be a double
DATE NUMBER CE SUBJECT BENEFIT HEARING, ASSESSMENT PAVI G PAGE
OF McCART AVENUE, UNIT I, FROM 646 FT. 2 of 2
9-1-87 G-7220
NORTH OF SYCAMORE SCHOOL ROAD
thirty-six foot wide roadway with a twenty-eight foot wide median on the one
hundred twenty-foot wide right-of-way. Median openings and six-inch thick
reinforced concrete driveway approaches will be constructed where specified on
the plans.
Street lights will be installed 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 $137,365.86, of
which $119,839.62 has been prepaid. Cost to the City of Fort Worth is
approximately $251,133.81, which includes $18,499.98 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.
DAI:db
APPRO~Ii~(~ E;'
C~ CO'I.1~~C1~,
~~~ ~ ~
Cis ~ °~oxM ta~~ ~::f t'ae
Cia3 e~ For: ~dori:., T'e.
SUBMITTED FOR THE
CITY MANAGER'S
DISPOSITION BY COUNCIL.
PROCESSED BY
OFFICE BY
_ Davi d IVor ^ APPROVED
_
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD• Gar Santerre CI .Y SECRETARY
FOR ADDITIONAL INFORMATION p
CONTACT D t 7805
Ado ted Ordinance No.
DATE
G."'~J 5