Loading...
HomeMy WebLinkAboutOrdinance 9956~ ~\ ~~~ ORDINANCE N0. ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR (PART OF THE COST OF IMPROVING A PORTION OF ROSEWOOD AVENUE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUiBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND A(aAINST THE OWNERS THEREOF; PROVIDING FOR THE OOLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT 'I'0 ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY ~ ENGROSS AND ENROLL THIS ORDINANCE BY OCPYING THE CAPTION OF SAME IN THE MII~Uri'ES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OFSAID CITY; AND PROVIDING AN EFFECTIVE DATE. Wf~REAS, 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, 'I~xas, be improved by raising, grading, and filling same and by constructing thereon to-wit: ROSEWOOD AVEIWE From Marquita Drive to Alta Mere Drive, known and designated as Project No. 90-136003-00 to be improved with a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. A four-inch thick ( five foot wide ) sidewalk will be constructed on the North side of the street for length of the project. The finished roadway will be forty feet wide on a sixty foot right-of-way. -i - 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 Tn~LT WILLIAMS CONSTRUCTION INC, for the making and construction of such improvements on the above said portions of streets, avenues and public places. WHEREAS, estimates of the cost of the improvements Hof 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 tune 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 15th day of SEPTEI~ER, 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 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 ORDAINID 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 Rosewood Avenue from Marquita Drive ito Alta Mere Drive 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 firads that in each case the abutting property assessed is specially benefitted in enl-~~anced 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 improvement:> 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 a~ not) the sums of money itemized below opposite the description of the respective parcels of property and the several acrounts assessed against the same, and the .owners therE~f, as far as such owners are Down, being as follows: -3- IV. Where more than one person, firm or corporation owns an interest in any property above described, each said perrson, 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, anti 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 lien:> 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. Tie amounts assessed against t-he 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 pain 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-eiclht (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 Fart worth of the Project. Any owner electing to pay the assessment in installments, as provide6l for herein, as a condition precedent to such election, must e:{ecute a promissory note and mechanic's and materialman's lien contract evidencvzg the owner's intent: to pay the assessment in accordance with the terms of one of t]ze alternatives herei.nabove 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 ir.~terest 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 i.imtediately 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- . ~, ,; a. ~• If default shall be made in the payment of any asse:asment, vollection thereof shall be enforced either by the sale of the property by the Assessor and Collector of Takes 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 materiaLnan'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 proceedin~~s 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 sz~ 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 here<~fter be allowed by the City Council as a credit against the respective assessments. IX. For the purpose of evidencing t]ze several sums assessed against the respective parcels of abutting property and floe owners thereof, az,~d 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 tYiereon, 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 )mown, 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 sufficienl~ and no error or mistake in describing any property, or in giving the name of the ownE~r, shall invalidate or in anywise impair such certificate, to the assessments levied. -5- n. `h e The certificates shall provide substantially that :if same shall not be paid promptly upon maturity, then they shall be collectable, w'~Lth reasonable attorney's fees and costs of caallection, if incurred, and shall provicie substantially that the amounts evidenced thereby shall be paidl 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 hun in a separate fund, and when any pa;~nt 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 pa~~nent. 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 ousts 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 f`or each of the first four installments, leaving the main certificate to serve for tY~ie fifth installment, which coupons may be payable to the City of Fort Worth, or its ~LSSigns 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 appropriai:e 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 improvemEents may be omitted on any portion of any of said units adjacent to any premises exnlnp~t from the lien of such assessments shall not in anywise invalidate, affect or im~ir the lien of such assessments upon other premises. X. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, eit.~ier in the assessments or in the certificates issued in evidence thereof, is, i.n accordance with the Law in force in this City, vested in the City. -6- r L-1 All assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding sucl;- owners may not be named, or may be incorrectly named. XII. The assessments so levied are for the improvements ir- 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. ;}VIII . The assessments levied are made and levied under and by virtue of the terms, powers and provisions of an Act passed at the First Ca11e~i Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of tY~e 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 Cite 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 frodn and after the date of its passage and it is so ordained. PASSID AMID APPROVED this day of 19 APPROVID AS TO FbRM AMID TFY~AT.TTY: City Attorney -7- ' MASTER;~iLE 1J' , AccouNTIN© z ~,j,",///'~~/ ~° ~/ ~j~) /J~J//7// (,~/'~ ~/ ,~1-~j ~]~')-~ ~y} ~) Q ~%RANSPf)RTATlON~PUBLIC W~~ X11 ~L.W~®U ~W!/ 1liLL.W ~/®~L~lli ((i~ ~®U U WU Il~ll~lV~~~~~~®~ YsATCR ADMINISTRATitiN d REAL PROPEFtI ~' .SATE REFERENCE sus~ECT:BEPJEFIT HEARING, ASSESSMENT PAVING PAGE NUMBER ROSEWOOD AVENUE FROM MA~QUITA DRIVE 1 or 2 9-10-87 G-7236 TO ALTA MERE DRIVE RECOMMENDATION 4 It is recommended that an ordinance be adopted closing the benefit hearing fl~r the constru~tition of Rosewood Avenue from Marquita Drive to Alta riere Drive, and levying the assessments as proposed BACKGROUND On October 28, 1986 (M&C C-9937), the City Coun~~il approved Community Facilities Agreement No 15337 with D M Ryan for Alta 1~1ere Addition, including the improvement of Rosewood Avenue from Alta Mere Drive (SH-183) to Margc.~ita Drive On August 18, .1987 (M&C C-10471), t:he City Council awarded the pavin4 contract to Walt Williams Construction, Inc and Pstablished SE~ptember 15, 1987 as the date of the benefit nearing This project is located in founcil District 3 PROJECT DESCRIPTION STREET Rosewood Avenue IMPROVEMENTS LIMITS Frorn Alta mere Drive (SH-183) to Marquita Drive WIDTH-I=EET 40 R 0 W WIDTH-FEET 60 ,. Rosewood Avenue is proposed to be improved by constructing a seven inch reinforced concrete pavement with a seven inch high att~~ched concrete curb on a six inch lime stabilized subgrade Six inch thick concrete driveway approaches will be constructed where specified on the plans A four inch thick, five foot wide concrete sidewalk will be constructed on the north side of the street for the length of the project nccrccnnrnlTc Based on standard City policy aril the low bid prices, the project cost distribution is as follows Total Cost to Property Owners Total Cost to City of Fort Worth $ 49,116 :L5 (44%) $ 63,004 :L1 (56%) w ..7 cJ DATE REFERENCE suB~ECrgENEFIT HEARING, ASS,ESSMENI~ PAVING P;,GE NUMBER ROSEWOOD AVENUE FRAM MARQUITEI DRIUE 2 of 2 9-15-87 G-7236 TO ALTA 1~1ERE .DRIVE The Director of the Real Property Managernent Department has advised the staff as to the amount of enhancement to propE~rty values that will result from the proposed improvements, and some individual assessments have been adjusted accordingly It is the opinion of the Director of the Real Property Man<<gement Department that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by ari amount equal to or greater than the proposed assessment DAI do APPRQVED BY CIT1C COU(~C1L SUBMITTED FOR THE CITY MANAGER'S OFFICE BY David Ivory ORIGINATING C DEPARTMENT HEAD• Gary $anterre FOR ADDITIONAL INFORMATION CONTACT Drol et 785 '~~~ ~~iTr gaal>;•tazrt of eh® ~~~ o~ ~90~ worth, ~exa~ DISPOSITION BY COUNCIL. PROCESSED BY APPROVED ^ OTHER (DESCRIBE) CITY SECRETARY pied Ordinance N0. „~~~,.~ I DATE.