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HomeMy WebLinkAboutOrdinance 9568c. ORDINANCE N0. -~ ~- ORDINANCE CLOSING HEARING AND LEVYINtx ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _ __ xEMBLE sTREET,> - ., __ AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE t'ITY 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 CERTIFI- CATES IN EVIDENCE WHEREOF: RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED: DIRECTING THE CITY SECRETARY ~'0 EN- GR089 AND ENROLL THIS ORDINANCE BY COPYING 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. 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, or filling same and by constructing thereon to-wit: KEMBLE STREET From Shilling. Drive eastward to Cul-De-Sac, known and designated as Project No. 29-024312-00, Unit I, a six-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb and eighteen-inch wide concrete gutter on an eight-inch thick lime ,stabilized subgrade, so that the finished roadway will be twenty-four feet wide and ending with an eighty-feet wide cul-de-sac. Six-inch thick reinforced concrete driveway approaches will be constructed where required. SOMERSET DRIVE From Normandy Drive southward to Martha Lane, known and designated as Project No. 29-024312-00, Unit II, a seven-inch high concrete curb and eighteen-inch wide concrete gutter on a two~inch thick sand cushion with hot-mix asphaltic concrete tie-in to the existing pavement on the east side of the street only Additionally, the entire roadway will be resurfaced with a new two-inch thick hot mix asphaltic concrete overlay so that the finished roadway will be thirty-six feet wide. Six-inch thick reinforced concrete driveway approaches 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 improve- ments- are to be so constructed as and where shown on the plans and in strict accordance with the Plans and Specifications therefor and contract has been made and entered into wi LOWELL B. ALLISON CONTRACTOR, INCORPORATED 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 therefor, to-wit, on the 4~h .day of February 19 86 ~ 7:30 p . 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 that protested that that that __ __- _-_-_________.._..protested that _- _ ___.-_____ -__.._-_-____ _protested that -------- -- -------------- - -- --- -- -- - --protested that - - - ---- - -- ---- - - ----- - --- -- - -- ---- -- -- ----- --protested that protested that _ ____protested that and said hearing was continued to the present time in or•der• to more fully accomplish the pw•poses thereof, and all desiring to be heard were given full and fair opportunity to be heard and the City Council of the City having 1'ull~ 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 NOVb' 'I'I[H:I.I:FOP-L: BE I1' ORllAINED BY THE ('ITY COLTN('IL OF THE CITY OF FORT WORTH, 7'A:tA~, 'T'HAT I. tiAid hearing be and the same is hereby, closed ilnd the tiald protest and objections, and any and all other protests and ob,jert.ions, whether herein enumerated or or not, be and the same are hereby, overruled. II. The (.its (_ouncil from the evidence finds that the assessments herein levied should l.)e made and levied against the respective parcels of properh abutting upon the said purtrons of streets, avenues and public places and against the owners of such properh, and that such assessments and charges are right and proper and ar•e substantially in proportion to the l)enetits to the respective parcels oi' properh by means of the improvements in the unit t'or whit h su(•h assessments are levied and establish substantial justice and equality and uniformity between the respective owners ot• the respec•trye properties, Anil L)etween all parties concerned, considering the benefits received and burdens imposed, and further finds that in each rase the abutting property assessed is specially benefited in enhanced value to the said properh h~ means of the card improvements in the unit upon which the pArtrrul<u• properh abuts xnd for whi(•h assessment rs levied and charge made, in a sum in excess of the said assessment and charge made against the same b~ this ordinance, and further finds that the apportion- ment of the cost of the improvements is in a(•cordanre with the law in force in this City, and the proceedings of the Cit. heretofore had with rei'erenc•e to said rmproy~~ments and is in all respects valid and regular III 'There shall be and rs hereby lei red and assessed AgAlnst the I)al'cels of properh herein below mentioned, and against the real and true owners thereof (whether such owners be correctly named herern or not) the sums of money itemized below opposrte the description of the respe(ti~ e parcels of• properh and the several amounts assessed against the silrlle And the Owr]el'~ thereof as far as such owners are known being as folhws 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 propor- tion as its, his or her respective interest bears to the total ownership of such pro- perty, and its, his or 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 pro- perty, 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 sums so assessed against the abutting property and the owners thereof shall be and hecome due and payable as follows, to-wit: in five (5) equal installments, due respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4) years from the date of completion and acceptance of the improvements in the respective unit, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of eight percent (8%) per annum, payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property abutting upon such completed and accepted unit shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance. Provided, however, that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity by payment of principal and accrued interest, and provided further that if default shall be made in the payment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such def ault is made shall, at the option of said City of Fort Worth, or its assigns, be and become immediately due and payable, and shall be collectable, together with reasonable attorney's fees and cost of collection, if in- curred, PROVIDED, however, that acting through its duly authorized Director of Public Works the City of Fort Worth retains the right to authorize payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty- eight (48) equal regular monthly installments of not less than $9.00 each, the first of such installments to become due and payable not more than thirty (30) days after the completion and acceptance by the City of the particular unit. PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments of said sums of lesser in- stallments and/or over a longer period of time in cases in which the Director of Public Works has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVIDED FURTHER, that such method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's and materialman's contract upon forms supplied by the City granting a mechanic's lien upon and conveying the said abut- ting property in trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property. 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 jur- isdiction, 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 collec- tion of said assessments. VII. The total amount assessed against the respective parcels of abutting p>•oper•ty, 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 b}r the law in force in the City n VIII. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts her•einabove 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 andJor 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 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 lrarcels of abutting prop- erty and the owners thereof, and the time and terms of payment, anti to aid rn the enforcement and collection thereof, assignable certificates in the principal amount of the respectr~ e assessments less the amount of any re- spective credit allowed thereon, shall be issued by the City of Fort ~~ or th Texas upon completion and accept- ance by the City of the improvements in each unit of impro~ ement as the wor l: in such unit is completed and accepted, which certificates shall he executed by the mayor m the name of the City and attested by the City Secretary, with the corporate seal of the City imin•essed thereon <urd shall he pa<<tvle to the City of Fort Worth, or its assigns and shall declare the caul amounts, trine and terms of• pay ment rate of interest, and the date of the completion and acceptance of the improvements abutting upon suc Ir property for which the certificate is issued, and shall contain the name of the owner o1• owners rf l:nn~t n desc ril.~tion of the property by lot and block number or front feet thereon of such other desc•iption as may other~~ise identify the same, and if the said property shall be owned by an estate then the description of same as sv uwnevi shall be sufTicient and no error or mistake in descril.ruig am property or in aivin.o• the name of the uulrer shall invalidate or in am-wise impair such certificate to the assessments lei led The certificates shall prop ide suhstantiall~ that if same sh<rll nut he paid promptly upon maturity, then they shall he cc>lieetalale, with reasonable attorney s fees an<l ro>as ..f c•oll~~ction if incurred and shall provide substantially that the amounts evidenced thereby shall be lraid to the Assessor and Collector of Taxes of the City of Fort ~T~'orth 'T'exas who spa}I issue his receipt therefor «hic lr shall be e~ ideuce of such payment on any demand for the same and the Assessor and Collector of Tries ~h<r)1 deposit ~hc: sums so received by him forth- with with the Citti Tre<isurei to be kept and held h~ him in a. separate fund and ~4hen anti payment shall be made in the City the Assessor and Col}ector of 'faxes upon such c•ertilicate shall upon presentation to him of the certificate In the holder they eof endorse said pay nrent thereof If' suc lr certificate be assigned then the holder thereof shall he entitled to rec•ei~e from the City Tieasurc~r the anuxrirt paid upon the presentation to him of such certificate so endorsed and credited , and such endorsemE-nt and rc~clit shall be the Treasurer's Warrant for making such payment Such payments b~ the Treasurer shr,ll Ire rccErl,tecl fcrr the holder of such certificate in writing and by surrender thereof' ~~hen the princ~lr<;} tu;~'etLer ~.ti•ith ~,cc rued interest. and all costs of collection and reasonable attorney's fees it• incurred, have been p<ric} in full Said certificates shall further recite substantially that the pmceedmgs Frith reference to making the improvements have been r•egularl} had in c°omplianc•e ~tirth the l.«, ir,d tlr<rt all prerequisites to the fixing of t}re assessment lien against the prol.ierty described rn such <<~r?ificate ~cnd t.ire perscrna.l habilit~ of the owners thereof have been performed and such recitals shall Ire puma facie e~ rdf nc ~> ~~1' al the nratiers recited in such certificates, and no further proof thereof shall l,e required in any c•irurt Said certificates mat hay e coupons attached thereto u~ e~ rdenc e of E'al h ,m any of the seyei al installments thereof, or may page coupons for each of• tl,e inst. four installments, leayin~' the nurin rertifrcate to serge far the fifth installment which coupons may be pa~alYle to the City of• Fort ~'lorth or rls assigns mat -ie. signed with the facsimile signatures of the l~'Iayor and (}itv Secretary 'c. 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 sub- stantially 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 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 by the improve- ments 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 assess- ments therefor 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 110bb 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 Wortii, Texas, and by filing the complete Ordinance in the appro- priate 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 o 1~ n ~ APPROVED AS TO FORM AND LEGALITY ^ ~ ~ Cit ~A~torney PROJECT NO 29-024312-00, UNIT I, KEMBLE STREET FROM SHILLING DRIVE EASTWARD TO CUL-DE-SAC, to be improved by constructing a six-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb and eighte~zn-inch wide concrete wide concrete gutter on an eight-inch thick lime stab ilized subgrade, so that the finished roadway will be twenty-four feet wide a~ ending with an eight -feet wide cul-de-sac Six-inch thick reinforced concrete driveway approaches will be constructed where required. BLOCK OWNER IAT 2;ONING BEGINNING AT SHILLING DRIVE NORTHSIDE Dr & Mrs Kenneth Tract A A. Livingston A 6116 Cholla Drive Fort Worth, TX 76112 SOUTHSIDE Gary A. Peacock 6R ~ A Route 1, Box 87H ,SR A Haslet, TX 76052 James C Conder 4 A 4754 Kemble Street A Fort Worth, TX 76103 Allen C Alcorn 2310 W. Magnolia Ave. Fort Worth, TX 76104 3 A A FRONTAGE RATE AI~UNT ASSESSMENT E. JONES SURVEY 313 8' Pavement 51.66 16,210 91 313 8' Curb & Gutter 9 74 3,056 41 85 25 S F. Driveway 4.25 362 31 BROAD ACRES ADDITION $19,629 63 100 0' Pavement 51.66 5,166 00 100 0' Curb & Gutter 9.74 974 00 6,140 00 90 0' Pavement 51 66 4,649 40 90.0' Curb & Gutter 9.74 876 60 5,526 00 105 0' Pavement 51 66 5,424 30 105 0' Curb & Gutter 9.74 1,022.70 6,447.00 SUBTOTAL THIS PAGE $37,742.63 -1- PROJECT NO 29-024312-00, UNIT I, KEMBLE STREET FROM SHILLING DRIVE EASTWARD TO CUL-DE-SAC, cont OWNER SOUTHSIDE James C Corder 4754 Kemble Street Fort Worth, TX 76103 BLOCK IAT 7ANING FRONTAGE RATE ArDUNT ASSESSMENT BROAD ACRES ADDITION 2 A 30.0' Pavement 51 66 1,549.80 A 100 0' Curb & Gutter 9:~4 974.00 123.23 S.F. Driveway 4.25 523.73 $3,047 53 SUBTOTAL THIS PAGE i]NIT I: TOTAL COST TO PEtOPERTY OWNERS (Assessments) $3,047.53 $40,790.16 -2- PROJECT N0. 29-024312-00, UNIT II, SOMERSET DRIVE FROM NORMANDY DRIVE SOUTHWARD TO MARTHA LANE, to be Improved by constructing a seven-inch high concrete curb a~ eighteen-inch wide concrete gutter on a two-inch thick sand cushion with tx~t-mix asphaltic concrete tie-in to the existing pavement on the east side of the street only. Additionally, the entire roadway will be resurfaced with a new two-inch thick hot-mix asphaltic concrete overlay, so that the finished roadway will be thirty-six feet wide. Six-inch thick reinforced concrete driveway approaches will be constructed where required. OWNER LOT BLOCK ZONING FRONTAGE RATE AM)UNT ASSESSIrENT BEGINNING AT NORMAL~1'DY. DRIVE EASTSIDE Ken D. Miller 12 4300 Normandy Fort Worth, TX 76103 I~EADOWBROOK ADDITION 4 150.0' Adjusted To Side Lot : A 100.0' Curb & Gutter 8.79 879.00 879.00 Ross W. Driskill 1 4 150.0' Adjusted To Side Lot: 4301 Arden Place A 100.0' Curb ~ Gutter 8.79 879.00 Fort Worth, TX 76103 879.00 Richard 0. Horn 15 3 150.0' Adjusted To Side Lot 4300 Arden Place A 100.0' Curb & Gutter 8.79 879.00 Fort Worth, TX 76103 879.00 Waldo Sanders 1 3 150.0' Adjusted To Side Lot : 4301 Martha bane A 100.0' Curb ~ Gutter 8.79 879.00 Fort Worth, TX 76103 96.8' S.F. Driveway 4.25 411.40 1, 290.40 SUBTOTAL THIS PAGE $ 3,927.40 UNIT II TOTAL COST ZO PROPERTY (~JNERS (ASSESSMENTS) $ 3,927.4 0 BOTH UNITS: (I ~ I~) TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) $ 44,717.56 TOTAL COST TO CITY OF FORT WORTH 129,520.20 TOTAL ESTIMATED CONSTRUCTION COST (INCLUDES 12~ ENG ) $174,237.76 #. / ~MASfER Ff1,E 1 J ~ • ! a, - ~.~, Katy ®~' J~®rt ~~®~°th, ~'exas ACCOVNTINl3.2 y re~~/7// (,(/~O /)/7// 7~ ~ /~ ~) /~ 7RAWSPORTATIONtPl/BUC3~~® U ~~4.W ~./®~~.~~lV ~~L/ ~~ ~l/W U W~A/~~~®~ NATER AOMINISiRA7iuN d >~~~ ~ DATE REFERENCE SUBJECT BENEFIT HEARING -ASSESSMENT PAGE NUMBER PAVING OF KEMBLE STREET AND CURB AND 2 2-4-86 G-6567 GUTTER ON SOMERSET DRIYE 1of t RECOMMENDATION It is recommended that the City Council adopt ~an ordinance closing the benefit hearing and .levy the assessments as.propo~sed. BACKGROUND On January 7, 1986 (M&C C-9452) , the City Council decl aced the necessity for and ordered the improvements on Kemble Street, Unit I, and Somerset Drive, Unit I I, Proj ect No. 29-024312-00. A construction contract was awarded to Lowell B. Allison Contractor, Inc., in the amount of $155,569.42, and February 4, 1986, was set as the date for the benefit hearing. All of the adjacent property owners were notified of the hearing by certified mail on January 17, 1986. PROJECT DESCRIPTION ROADWAY R.O.W. UNIT STREET LIMITS WIDTH-FEET WIDTH-FEET I Kemble Street Sh i 11 i ng Dr i v e 24 50 Eastward to Cul - de- sac II Somerset Drive Normandy Drive 36 50 . to Martha Lane i ~ _ ~~ t ,., I NPROVEMENTS, Uni t I , Kembl a Street wi 11 be improved with 6-inch ~k ~t AEG :pavement,a~rd concrete curb and gutter on an 8-inch 1 ime stabilized subgrade. Concrete driveway approaches will be constructed where required. Storm drain improvements consist of 360-feet of reinforced concrete pipe and appurtenances. Unit II, Somerset Drive, will be improved by constructi ng concrete curb and gutter on the east side of the street where none now exists as well as concrete driveway approaches where required. The entire roadway will also be resurfaced with 2-inch H.M.A.C. to prolong the life of the existing pavement. ASSESSMENTS AND ENHANCEMENTS Based on the special provisions outlined in M&C G-6366 (Revised) dated July 23, 1985, property owners adjacent to Kemble Street will be assessed $40,790.16 whereas property owners adjacent to Somerset Drive will be assessed $3,927.40 based on standard City policy. The total property owners cost is $44,717.56 on both units. DATE REFERENCE NUMBER SUBJECT BENEFIt HEARING -ASSESSMENT PAGE 2-4-86 G-6567 PAVING OF KEMBLE STREET AND CURB AND 2 -af 2 Cost to the City for construction on both Units is approximately $110,851.86, plus $18,668.34 (12~) engineering. Of the above $110,851.86, $5,769.67 is for street construction and $78,933.13 for storm drain construction on Kemble Street plus $26,149.06 for street resurfacing on Somerset Drive. Based on recent sales of comparable lots adjacent to an improved street, it is the opinion of the Transportation and Public Works Department that each parcel of property will enhance in value by an amount equal to or more than the amount of the proposed assessments. The enhancement will occur upon the completion of the street and drainage improvements. DAI:dr A P P ROVE D BY r ~ / t r C~xi°7 C~UNCf~ FEB 1986 `ti' D~ ~X~~~-c.1 City Secretary of the City of Fort j[p,~~ ~~ SUBMITTED FOR THE CITY MANAGER'S ' OFFICE BY DISPOSITION BY COUNCIL: PROCESSED BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT ~. Schmidt 7805 Adopted Ordinance No DATE .