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HomeMy WebLinkAboutOrdinance 9506ORDINANCE N0. ~J~-~°-- ORDINANCE CL09ING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__ _ oLn DECATUR ROAn _ AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE ('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 'T'HEREOF: 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 TO EN• GROSS 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 fllling same and by constructing thereon to-wit : OLD DECATUR ROAD From T~onghorn Road to 947-feet north of Cromwell Marine Creek Road, known and designated as Project No. 30-025322-00, a six-inch thick reinforced con- crete pavement with a seven-inch high concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be forty-eight feet wide. Six-inch thick reinforced concrete curb opening will be constructed at ex.sting~ street intersections. 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 with the City of Saginaw 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 22nd ,day of October 19 85 ~ 10 00 A.M. , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit ted that that ted that that -___,..protested that -- -------..-___-- ---._--- -_-- _protested that _ --------____-- _ -- _ ._.-_- _ _ .-_- --protested that - -_-- -- _ -__-- -.- __-- - _ __- -- -- __ _ __-. ____. --protested that ______ ___-__protested that ____protested that and said hearing was continued to the present time in order to more fully accomplish the purposes thereof, and all desiring to be heard were given full and fair opportunity to be heard and the City Council of the City having 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 ;~'c)w' 'I'I[k:I-I:Ft)I-l±; BE IT ORDAINED BY THE CITY COtTN('IL OF THE CITY Ok FORT WORTH, T)F;~AS, 'T'HAT I. tiaid hearing be and the same ]s hereby, closed and the said protest and ob•lertions, and any and all other I}rotests and objections, whethel herein enumerated or of not, be and the same are hei•el>y, overruled. II. 'l'he lit (.ounc•il 1'rum the evldenc•e finds that the assessments heroin levied 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 ~•ight and proper and are substantially in proportion to the benefits to the respec•tye parcels of p~•opert~ b~ 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 benefited ]n enhanced value to the said property b~ means of the said jmprovements in the unit upon which the partic•ulal property abuts and fot ~ hic•h assessment is levied and charge made, in a sum in excess of the said assessment and charge made ag~linst the same b~ this ordinance, ~cnd further finds that the apportion- ment of the c•ust of the improvements is in accordane•e ~tilth the law in force in this Clty, and the proceedings of the ('it.~ heretofore had ~~jth reference to said impro~^nlents and is ]n all respects valid and regular III There shall be, and is hereby lei ied and assessed against the parcels of Ln•opert~ herein below mentioned, and agarnst Lhe 1'eaI and true owners thereof (~~hethei such owners be ccn•rec•tl~ named herein or not) the sums of money itemised beh~w opposite the dese•riptuin of• the respec tip e parcels ot• propert< and the several amounts assessed against the same and the o~nei•s thereof as fai as such owners are l.:nown being as follows 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 pxo 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 become due and payable as follows, to-wit: in five (5) equal installments, due respectively on or before thirty X30) 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 default 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 ' R 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 p~irce]s of abutting property, and the owner;; 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 farce rn 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 he required to issue credits, and will not do so, if same would result in any equity and/oi• 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 ].w 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 prop- erty and the owners thereof, and the time and terms of pavment, and to aid rn the enforcement and collection thereof, assignable certificates in the principal amount of the respecir~ e assessments less the amount of any re- spective credit allowed thereon, shall be issued by the City of Fort ~'l'orth, Texas upon completion and accept- ance by the City of the impro~-enrents in each unit of impro~ ement as the ti or 1. in such unit is completed and accepted which certificates shall be executed lay the mat or in the name ui• tihe City and attested by the City Secretarv, with the corporate seal oi' the City impressed thereon urd shall lie 1rI~ able to tiro City of Fort Worth, or its assigns and shall declare the said amounts, trine and terrn~ of pay meat rate of interest, and the date of the completion and acceptance of the improvements abutting upon such property foi• which the certificate is issued, and shall contain the name of the owner or owners rf hn,,~ti n dc~sc ~ rptron of the property 'by lot and block number or front feet thereon of such other desorption as may utl~er~+rse identify the same, and if the said property shall be owned by an estate, then the desc•r•iption of same as su owned shill be suf}icient and no error or mistake in descril.ring any property or in gig ir.g the name of ih,~ u~~ ner sh..rll rm alidate or in am wise impair such certificate to the assessments lei ierl The certificates shall prop ide sul~stantiall~ that rt• same shall nut bh paid prunrptl~ upon maturity, then they shall he callertal~le with reasonable <Ittorne~ s fees urd ru•;t~ .,f rullactruo rf inc°urred and shall provide substantially that the amounts evidenced thereh~ shall he paid to the Assessor and Collector of Taxes of the City of Fort ~~'orth 'T'exas who shall issue his receipt there.fur «hrch sh .Ill be e~ idence of such payment on any demand for the same and the Assessor and ('ollector• of Tapes .hall deposit ~hc: sums so received by him forth- with with the City Treasurer to I>e kept and held b~ him rn ~I separate i'und and ~~hen any pavment shall be made in. the City the Assessor and Collector of 'faxes uixm suc I~ r c>.rtiticate shall upon presentation to him of the certificate In the holder thereof endorse said pay areal thcreul' It suc lr cer•trficate be assigned then the holder thereof shall be entitled to rec•ei~.e from the (rte 1'reasura~r the anu,i.nrt paid upon the presentation to him of such certificate so endorsed and credited and such endarsc~nu-nt ..u,d r~~~~lit shail be the Treasurer's Warrant for making such pavment Such payments h~ the Treasurer shall !,e recc,l teri for the holder of such certificate in writing and by surrender thereoi• when the ln•inc~pal t•,,~•etl~~r ~.~i1h .,~c rued intr~rest. and all costs of collection and reasonable attorney's fees ri' incurred have been paid rn full Said certificates shall further recite substantially that the pruceerlings ~i•rth reference to making the improvements have been i•eC•ularlti had in compliance ~ti ith the 1„<< and tl at all prei•eduisrtes to the fixing of the assessment lien against the property descrrl>ed ur such cc~rliticate and t.i,e person~Il habilit~ of the owners thereof have been performed and such recitals shall lie prinut facie e~rdf n~~ ~ !' ill t1ic~ matters recited rn suc•h certificates, and no further proof thereof shall be requn•ed in any court Said certrficates may h<iye conpuns attached tl,eretu ur e~irlence of each ,r an. of the se~era] installments thereof, or may hat e coulrons far eat h of tl,e first. fow• installments leayin~~ tht~ main c•er•tifi<ate to serve for the fifth installment which coupons may be p:r~ airlc io the City oi' Fort ~'l ui•t h or its assigns may be signed with the facsimile signatures of the }~~Tayor and City Secretarv 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. 4~ 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 1106b 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 Worti-, 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 of 19._-_. APPROVED AS TO FORM AND LEGALITY ~' City Attorney 1'° 't ( -4 PROJECT NO 30-025322-00, OLD DECATUR ROAD, UNIT I, FROM LONGHORN ROAD TO 947-FEET NORTH OF CROMWELL MARINE CREEK ROAD, to be improved by constructing a six-inch thick reinforced concrete pavement with a seven-inch high concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be forty-eight feet wide. Six-inch thick reinforced concrete curb openings will be constructed at existing street intersections BLOCK OWNER I4T ZONING BEGINNING AT LONGHORN ROAD FRONTAGE RATE A F ALBRIGHT SURVEY-A1849 AMOUNT ASSESSMENT WEST SIDE L Glenn Terrell Tr E 770 N Fielder Road 11 Coma Arlington, TX 76012 Vol 8205 Pg 1104 1,222 0' Pavement 1,222 0' Curb & Gutter 57 20 69,898 40 1 63 1,991 86 $71,890 26 CROMWELL MARINE CREEK ROAD INTERSECTS M A. Blubaugh, Trustee TR. G c/o Harvey & Associates lAl Comm 910 Houston Street Vol 7748 Suite 310 Pg 2038 Fort Worth, TX 76102 947 0' Pavement 947 0' Curb & Gutter 57 20 54,168 40 1 63 1,543 61 EAST SIDE CITY OF SAGINAW SUBTOTAL THIS PAGE TOTAL COST TO PROPERTY OWNERS (ASSESSMENT) TOTAL COST TO CITY OF FORT WORTH TOTAL ESTIMATED CONSTRUCTION COST $55,712 Ol $127,602.27 $127,602 27 $87,720.78 $215,323.05 -1- ACCOUNTIN6.2 ~~I11 /I TRANSPORTATION(PUBI.r, C it~////~~ ~~,~j ~~~~(~~~ ~®~~,~~~~~~~®~ VtaT'ER ADMINISIRA'Ti(SN ~3 ei%'/ DATE REFERENCE I SUBJECT Benefit Hearing-Improvement of Qld PAGE NUMBER Decatur Road From Longhorn Road to 94~ 2 10-2Z-85 G-6467 Feet North of Cromwell Marine Creek R ad'°' RECOMMENDATION It is recommended that the City Council close the benefit hearing and levy the assessments as proposed. BACKGROUND On September 14, 1985 (M&C G-6443), the City Council declared the necessity for and ordered the improvements on Old Decatur Road, Project No. 30-025322-00. The City Manager was authorized to pay to the City of Saginaw $215,323.05 in monthly increments as construction progresses in accordance with the Inter-City Agreement approved by M&C C-8916 on March 19, 1985. October 22, 1985 was set as the date for the benefit hearing. The two adjacent Fort Worth property owners were notified of the hearing by certified mail on October 4, 1985. The project is being administered by the City of Saginaw. PROJECT DESCRIPTION Roadway R.O.W. Unit Street Limits Width-Feet Width-Feet 1 Old Decatur Longhorn Drive 48 70 Road to 947' North of Cromwell Marine Creek Road IMPROVEMENTS Old Decatur Road in this area is an existing county-type roadway and is a boundary street between the City of .Fort Worth and the City of Saginaw. Improvements will consist of six-inch thick concrete pavement with concrete curb on a lime stabilized subgrade. Storm drain improvements consist of 1,563 feet of reinforced concrete pipe and appurtenances. ASSESSMENT AND ENHANCEMENTS Based on the City of Fort Worth's share of the contract cost ($215,323.05 or 50~), the low bid unit prices and the City's standard policy, approximately $127,602.27 is proposed to be assessed against adjacent properties on the west (Fort Worth) side of the street. Cost to the City-at-large for construction is approximately $87,720.78, of which $25,865.53 is for street improvements and $61,855.25 for storm drain facilities, plus $1,754.46 (2~) administrative engineering cost. -~ DATE REFERENCE NUMBER suB~ECTgenefit Hearing-Improvement of Old PAGE 10-22-85 G~C467 Decatur Road From Longhorn Road to 947 2 t e11 Marine Creek Road of Based on previous appraisal s of developer - type property, considering the improved full access and drainage facilities, it is the opinion of the Department of Transportation and Public Works that each parcel of property will enhance in value by an amou nt equal to or more than the proposed assessment upon completion of the improvements. DAI :dk V ~~,tl ~~~`~'~~/iV End d ` frlVT ( ^ ~v/ ~~ ~/ ~N ~j / ~/ ~ W'~ Y~/ V r izy 3oozocaxy of thc~ ~ "..__.._._ __. E n. of Fnrt Wl ,~~ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY DISPOSITION BY COUNCIL: PROCESSED BY ^ APPROVED ORIGINATING Gar Santerre DEPARTMENT HEAD: y ^ OTHER .(DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATION _ CONTACT 0. SChmi dt 7$O DATE