HomeMy WebLinkAboutOrdinance 9311
ORDINANCE NO.~"L~11---
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_ EAST NINTH STREET _
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
COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI-
CATES IN EVIDENCE '1~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 7'0 EN•
GROSS AND ENROLL THI9 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 ftliing same and by constructing thereon to-wit
EAST NINTH STREET From Pecan Street -Eastward to the Burlington Northern
Railroad, known and designated as Project No. 29-024311-00,
a seven-inch thick reinforced 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 feet wide. Six-inch thick concrete driveway approaches
will be constructed where specified.
-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 WALT WILLIAMS CONSTRUCTION, INC.
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 5th_day of February
19 85 ~ 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
ted that
ted that
--__protested 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 frilly 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
('alit considered all proper mattel•, is of the opinion that the said hea-•ing should be closed and assessments
should be made and levied as herein ordered
tic)Vb 'I'I[~;I:L:FOP-h:
BE IT ORDAINED BY THE ('ITY COLTN('IL OF THE CITY OF FORT WORTH,
1'IF:~A~, 'THAT
I.
Said hearing be, raid the same is hereby, closed and the said protest and ob•jertions, and any and all other
protests and objections, wht~thei herein enumerated or o-• not, be and file same rare hereby, overruled.
II.
'!'he (.itt Council 1•rom the et.idence finds that the assessments herein levied should be made and levied
against the respective parcels of prupertt abutting upon the said portuins of streets, avenues and public places
and against the owners of such property, and that such assessments acid charges are right and proper and are
substantially in proportion to the Ienefits to the respective parcels oi• property by means of the improvements
in the unit for which such assessments are levied, and establish substxntirll ;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 in enhanced valtae tc) the said property bt means of the said improvements in the unit upon
which the Ir<u•tirulru ln•operty abuts and for ~ hu•h assessment is levied and charge made, in a sum in excess of
the said assessment and charge made against the same bt tills pl'dlnanre, and further finds that the apportion-
ment of the cost of the improvements is in ac'cordanc'e with the law in foi•c•e in this City, and the proceedings of
the ('it.t bereft>fore had with reference to said improvenu~nt~ and is in all respects valid and regular
III
'There shrill be rind is herel)v levied and assessed agai~lsl the parcels of property herein below mentioned,
and against the real rind true owners thereof' (whether such ow Hers be corrertlt named herein or not) the sums of
money itemired be',ow opposite the description of• the respective parcels of• property and the several amounts
assessed against file same and the owners thereof' as fat as sorb owners are known 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 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 ocaners 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 (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 pf 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 property, and the owners thereof, is
in accur•dance with the proceedings of the Citv relating to said impr•ovenients and assessments thereof, and is
less than the proportion of the cost allowed and permitted by the law ;n force 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 pi°operty owners where deemed appropriate Notwithstanding the City
Council has herein reserved the right to issue credits, it shall not be requir°ed to issue credits, and will not do so,
if same would result in any equity and/or 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 parcels of abutting prop-
erty and the owners thereof, and the time and terms of payment and to aid in t:he enforcement and collection
thereof, assignable certificates in the principal amount of the respectrt e assessments less the amount of any re-
spective credit allowed thereon shall be issued by the City of Fort ~~'orth Texas, upon completion and accept-
ance by the Cite of the improt-enients in each unit of improt enrent as the tior 1. in such unit is completed and
accepted, which certificates shall be executed by the orator in tl,e narrre of the City and attested by the City
Secretary,. with the corporate seal of the Cite impressed thereon and sh~rll lie pit able to tiro City of Fort Worth,
or its assigns anti shall declv•e the sand amounts trine and term: ut' brat meat rate of interest, <~nd the date of
the completion and acceptance of the rmprotements ahuttrng upon such prolerty for which the certificate is
issued, and shall contain the name of the owner ur owners rf l:m~tt n dc~sc r iptiun of the property by lot and block
number or front feet thereon or such uthei clesuption as mat utl~erttrsc. rdentifv the same, and if the said
properi:~ shall be owned by an estate, then the desc•r~iptiun of sanrc~ as so uta ned shall be sufficient and no error or
mistake in deseribrng ant ln•opertt or ur ~•itir.~• the name of th,~ nt+ner shall rmalidate or in anywise impair
such certificate to the assessments let red
The certificates shall Prot ide substantialit that rf sanre~ steal! nut bF~ paid I>runrptlt upon maturity, then
they shall be collec•Y.al,le ~ ith reasonable attornet s fees <u,d ~ u>;t ~ of rull~=c true i f incurred, and shall ln•ovide
substantially that the amounts e~ idenced tierel~t shall l,e bard to the Assessor and Collector of faxes of the
City of Fort Worth 'texas who shad rssue his receipt therefor tt hrc•I~ sh rll be evrdence of such payment on any
demand fur the same and the Assessor and Collector of Tapes shall deposrt she sums so reserved by him forth-
with wrth the City Treasurer to I>e l.ept ztnd held I,t term rn a separate t•rrnd anct tthen ant payment shall be
made in the Crtt the, Assessor and Collector of 'faxes u;,on sus I~ r~ertrlicate shall upon presentation to him of
the certificate In the holder thereof endorse card pat nient thi~r•enl' if sus li certrti~ate he assigned then the holder
thereof shall be entitled to rec•eite from the C'rtt Treasurer the <,nrt„int paid upon the pi°esentation to him of
such certificate so endorsed and credited, and such endnrsenrc•nt ,.rr~d r~~~dit shad be the Treasurer's Warrant for
making such pavrrient Such payments ht the 'Measurer sh<,11 Irc~ ,~~;c,l tecl f~ r the Irukier of such certificate in
writing and by surrender thereof' then the ln•inc,pal t ,~~•ethcr u,th „~ rued interest. and all cosh of collection
and reasonable attorneys fees rf• rnuu•red hate been Ir<ud in full
Said certificates shall further recite substantiallt thai the pr•uceedings write reference to making the
improvements hate been i•egularlti had rn compliance ttith the I ,t~ urd tl~ai all prcreqursites to the fixing of the
assessment lren against the property described rn such ceriiticate urd i.i~e persun~i.l lurbilrt~ of the owners thereof
have L~een performed alld su<:h recitals shall lre prrrrrzr fac•re et rdc n~ ~~ ~ ±' Il the matters recited rn sus h certificates,
and no further proof thereof shall be required m ant cuur•t
Said certificates mat have coupons attached thei etu in et i,lerx e of r~ac I, n ant of the set eral installments
thereof, or mat hat e coulxms for eat h of the first four installments lent rn~~ the main certificate to serve for the
fifth installment which coupons may be pat able to the t"itt of Fort ~'l rn•t h ur its <rssihns mat bu signed with the
facsimile signatures of the :~~iat or anti Citt 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 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, invaliditiea 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 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 Worth, 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 '~
y Attorney
,r
PROJECT N0. 29-024311-00, EAST NINTH STREET FROM PECAN STREET - EASTWARD TO THE BURLINGTON NORTHERN
RAILROAD, to be reconstructed by constructing a seven-inch thick reinforced 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-feet wide. Six-inch thick concrete driveway approaches will be
constructed where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NORTH SIDE FORT WORTH ORIGINAL TOWN ADDITION
Owens Country Sausage 125 & 365.0' pavement 58.77 21,451.05
(Lessee) 126 95.0' curb 2.66 252.70
P. 0. Box 249 J-Ind. 193.75' SF. driveway 3.75 726.56
Richardson, TX 75080
Attn: Robert Langford
First City Bank of
Richardson (Owner)
P. 0. Box 308
Richardson, TX 75080
Owens Country Sausage W10' 129 70.0' pavement 58.77 4,113.90
(Lessee) -7 J-Ind.
P. 0. Box 249
Richardson, TX 75080
Attn: Robert Langford
First City Bank of
Richardson (Owner)
P. 0. Box 308
Richardson, TX 75080
SUBTOTAi. THIS PAGE
22,430.31
4,113.90
$ 26,544.21
-1-
PROJECT N0. 29-024311-00, EAST NINTH STREET FROM PECAN STREET - EASTWARD TO THE BURLINGTON NORTHERN
RAILROAD,cont.
BLOCK
OWNER LOT ZONING
NORTH SIDE
Worth Center E10' 129
Partnership. -7 J-Ind.
813 East 9th Street b 8
Fort Worth, TX 76102 thru
12
260.0' pavement 58.77 15,280.20
210.0' curb 2.6b 558.60
246.0' S.F. driveway 3.75 930.00
16,768.80
Owens Country Sausage 7 & 130
(Lessee) 8 J-Ind
P. 0. Box 249
Richardson, TX 75080
Attn: Robert Langford
100.0' pavement 58.77 5,877.00
100.0' curb 2.66 266.00
232.5' S.F. driveway 3..75 871.88
7,014.88
First City Bank of
Richardson (Owner)
P.O. Box 308
Richardson, TX 75080
BURLINGTON NORTHERN R.R. INTERSECTS
SOllTH SIDE
Burlington Northern 131
Railroad J-Ind.
c/o Durwrod Cochran
P.O. Box 943
Fort Worth, TX 76101
FRONTAGE RATE AMOUNT ASSESSMENT
FORT WORTH ORIGINAL TOWN ADDITION
FORT WORTH ORIGINAL TOWN ADDITION
285.0' pavement 58.77 16,749.45
285.0' curb 2.66 758.10
155.0' driveway 3.75 581.25
18,088.80
SUBTOTAL THIS PAGE
541,872.48
-2-
PROJECT N0. 29-024311-00, EAST NINTH STREET FROM PECAN STREET - EASTWARD TO THE BURLINGTON NORTHERN
RAILROAD,cont.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
SOUTH SIDE FORT WORTH ORIGINAL TOWN
Greater Fort Worth 1 2 560.0' pavement $58.77 32,911.20
Warehouse Company J-Ind. 560.0' curb 2.66 1,489.60
c/o Ben E. Keith 155.0' S.F. driveway 3.75 SF31.25
P.O. Box 2628
Fort Worth, TX 76113
Attn: Johnny Jones 34 982.05
SUBTOTAL THIS PAGE $34,982.05
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) $103,398.74
TOTAL COST TO CITY OF FORT WORTH $61,211.83
TOTAL ESTIMATED CONSTRUCTION COST $164,610.57
-3-
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TRANSPORT
~~~U~M1'~PU fs r,lc ~"ln ~~cc ,n
DATE REFERENCE SUBJECT BENEFIT HEARING - RECONSTRUCTION PAGE
NUMBER
OF EAST NINTH STREET - PECAN STREET 2
2/5/85 G-6235 __ _-------..-..-- ._..____-_._ ...__..,.... 1 °f
Background
On January 8, 1985 (M&C C-8801), the City Council declared the necessity for and
ordered the improvements on East Ninth Street, Project No. 29-024311-00, as
described below. A construction contract was awarded to Walt Williams
Construction, Inc., in the amount of $146,973.72 and February 5, 1985, 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 18, 1985.
Project Description
Roadway R.O.W .
Street Limits Width-Feet Width Feet
East Ninth Pecan Street 40 60
Street to Burlington
Northern R.R.
Origin of Project
This project was originally approved by M&C G-5725 on August 23, 1983, with
limits from Pecan Street eastward to I-35W. Plans and specifications were
prepared, the project was advertised for bid, and on September 11, 1984 (M&C
C-8586), a construction contract was awarded and the benefit hearing was set for
October 9, 1984. At the benefit hearing, the City Council deleted the segment of
the project from the railroad eastward to I-35W due to objections voiced by the
adjacent property owners.
As a result of the reduced scope of the project, the contractor declined to
accept the contract which was approved by M&C C-8727 on November 20, 1984. The
staff was instructed to readvertise the project in its current limits.
Improvements
East Ninth Street in this area is an existing brick surface on a concrete base
street with scattered curb and gutter and an adequate storm .drain system. The
existing street is 3b to 40 feet wide. All of the adjacent property is zoned "J"
light industrial.
It was proposed to improve the street by constructing new curb and gutter and
driveway approaches where required, repairing the base as needed and overlaying
the existing brick surface with a 3-inch hot-mix asphaltic concrete surface on a
40-foot wide roadway.
During the design of the project it was determined that the concrete base has
deteriorated beyond repair. Consequently, it is proposed to completely
reconstruct the street with new 7" concrete pavement with attached concrete curb
and concrete driveway approaches where required.
Assessment and Enhancements
Based on standard City policy for reconstruction of streets and the low bid unit
prices, the proposed assessment against abutting properties is $103,398.74.
Cost to the City for construction is approximately $43,574.98, plus $17,636.85
(12%) engineering.
i ti _1
DATE REFERENCE
NUMBER SUBJECT BENEFIT HEARING -RECONSTRUCTION PAGE
2/5/85 G-6235 OF EAST NINTH STREET -PECAN STRE T 2 oft
Based on previous appraisals of like property on a deteriorated street and
considering the improved roadway, the controlled drainage and parking as a
result of continuous new curb and driveway approaches, it is the opinion of the
Department of Transportation and Public Works that each parcel of adjacent
property will enhance in value by an amount equal to or more than the proposed
assessment upon completion of the project.
Recommendation
It is recommended that an ordinance be adopted closing the benefit hearing and
levying the assessments as proposed.
DAI : du
APPt7pVED BY
CITY COUNCIL
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City $~~~ of ~•.••
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SUBMITTED FOR TH c
CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY
OFFICE BY ^ APPROVED
OR{GINATING I.I OTHER tDESCRIBE)
DEPARTMENT HEAD• Gary L. Sant2rr~ CITY SECRETARY
FOR ADDITIONAL INFORMATION
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CONTACT -
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