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HomeMy WebLinkAboutOrdinance 9461~. 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 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 THEREOF: 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• 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 flliing same and by constructing thereon to-wit ROSEWOOD AVENUE From Alta Mere Drive to Texas and Pacific Railroad Right-of-way, known and designated as Project No. 13-024315-00, a six-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb and twenty-four inch wide concrete gutter on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty-feet wide. Six-inch 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 James W. Jackson, 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 27th ,day of A~ust , 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 that that ted that that 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 fulls 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 I3E IT ORDAINED BY THE ('ITY COLTN('IL OF THE CITY O1F' FORT WORTH, 7')F:~iAS, 'T'HAT I. tiaid hearin~• Ire and the same is her.ebv, closed and the said protest and objections, and an,y and all other Ist•otests and objectioms, whether herein enumerated or of not, be alld thE' same are hereby, overruled. II. The (. its Council from the evidence finds that the assessments het•ein levied should L>e made and levied against the respective Inu•c•els of prupert~ 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 pxrc•els of property by means of the improvements in the unit for wliu h 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 in enhanced value to the said property b~ 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 b~ this ordinance and further finds that the apportion- ment of the c•ust of the improvements is in ac•cordanc•e ~tiith the law in fot•ce in this City, and the proceedings of the ('it.~ heretofore had ~tiith reference to said imprcivenu~nts, and is in all respects valid and regular III There shall be, and is herel>~ lei red and assessed against the parcels of propert} herein below mentioned, and against the real and true owners thereof (~~hethei such otinei•s Ire correctly mimed herein or not) the sums of money itemised be'ow oplxisite the description of tl~e respectt~e parcels of property and the several amounts assessed against the same and the owners thereof as fat as such ow nets are I:nown being as follows F 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 oespective interest in .such property may be released from the assessment lien upon p yment 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 (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 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 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 an_y 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 accordance with the proceedings of the City relating to said improvements and assessments thereof, and is less than the proportion ~f the cost allowed and permitted by the law in force ]n t.hc~ 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 t:he 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 and/or• un•just 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 evldenc•ing the several sums assessed against the respective parcels of abutting prop- erty and the owners thereof, and the time and terms oi' pavment, and to aid in the enforcement and collection thereof, assignable certificates in the principal amount of the respectn e assessments less the amount of any re- spective credit allowed thereon, shall be issued by the City of Fort «'ol th Texas upon completion and accept- ance by the Citl of the impro~-entents rn each umt of impro~ ement as the wot 1. in such unit is completed and accepted which certificates shall be executed by the ma~ol in the name of the City and attested by the City Secretary, with the corporate seal of the City m,pressed thereon anri shall 1.)e I)a~ able to the City of Fort Worth, or its assigns and shall de~lai•e the said amounts, tirtle and ter rns of pa. ment 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 I:n~,~~ n clesc i iption of the property by lot and block number or front feet thereon, of such other desclp',lon as may utiler«lse tdentifv the same, and if the said property snail be owned by an estate, then the description of same as su owned shall be suftictent and no error or mistake in descrit)ing any propert ~ cn• to ~•i~ in~• the name of thc~ (,» net shzill tn~ alidate or In anywise impair such certificate to the assessments lei led Tile certificates Silall pl'Ollde sLlbstantiallt that ]t said(! sh<lll IIUt >>e 1)illd prolllptl~ LIpOII 11721tU1'lty then they shall be collet tal)le with reasonable attorney s fees old c n•a ` .,f , ollac tlon ]f inc°urred and shill] provide substantially that tike amounts evidenced thel•eln shall be 1)aid to the Assessor and Collector of Taxes of the City of Fort ~'~'orth Texas who shall issue hls receipt therefor «hl(•I~ sIr 111 1)e e~ idenc•e of such payment on any demand for the same and the Assescot and Collector of Tales shall deposit the sums so received by him forth- with with the Citti Treasurer to 1Je kept and held h~ him in ci. separate i'Llnd and when arl~ pavment shall be made in the Citt the Assessor and Cc~liec•tol of 'faxes u;um ~ulc I~ c•er? iticate shall upon presentation to him of the certificate ht the holder thereof endorse said pat ntent thcre~rl' It suc h ccr•tlti<ate be assigned then the holder thereof shall be entitled to rec•ei~ e from the C'1t~ Tt exsurf~i the .uuunnt paid u~xln the presentation to him of such c•et•tificate so endorsed and cl•editerl, and such endorsentc~nt lt,ri 1•+~dit shall IJe the Treasurer's Warrant for making Stlch payment. Such payments h~ the Treasurer shall !,P leccll ter] for the holder of such certificate in writing and by surrender thereof' when the 1)1•inr•tpal t<)rt'<~tl~~cr ~.~ ltl, ,c c rtle~~l ultc~rest: and all costs of collection and reasonable attorney 's fees, if ]n< Ln•red hay e been Irud in full Said certificates shall further rec•tte sttbstantiall~ that th~• ptc,cee,ltngs ~~•tth teferenc•e to making the inlpro~ements have been t•eg•uiath had ul compliance t~ith the l lc~ and tl at all 1)rcrroquisites to the fixing of the assessment lien against the property described In such cr~l•ttticatc utd t.~ie 1)erson,ll l~ahilit~ of the owners thereof have been performed aIld such recitals shall be prmla fat le e~ 1ciL n~ ~ r 1' ;ll tlic• matt ers recited in such certificates, and no further proof thereof shall be requn'ed in any court Said certificates may have coupons attached tl,el etc• in e~ ]rlet~c e of earl] n an. of the see era] installments thereof, or may hay e coulJOns for ear h of the first four installments, leap ]n~• the math c•et•titicate to serve for the fifth installment which coupons may be p:.ly alJle to the Cit\ of Foi•t ~'~ ort h or its assigns may he. signed with the facsimile signatures of the ;\Tayot and Litt fiecl•etar~ 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, ia, 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 of 1g_._,._ APPROVED AS TO FORM AND LEGALITY. ~- ~,~ City Attorney PROJECT N0. 13-024315-00, ROSEWOOD AVENUE FROM ALTA MERE DRIVE TO TEXAS AND PACIFIC RAILROAD RZGHT-OF-WAY, to be improved by constructing a six-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb and twenty-four inch wide concrete gutter on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty-feet wide. Six-inch concrete driveway approaches will be constructed where required BLACK OWNER IDT ZANING FRONTAGE NORTHSIDE - BEGINNING AT ROSEWOOD AVENUE ALTA MERE ADDITION Douglas Friedel 15 6 151.5' Pavement 300E Abrthside Dr. I-Light 13 0' Curb & Gutter Fort Worth, TX 76106 Znd. 141.0' S.F. Driveway RATE AMOUNT ASSESSMENT 36.75 5,567.63 14.18 184.34 3.71 523.11 6,275.08 SOUTHSIDE Diamond Shamrock Corp. 2 14-A 152.3' Pavement No. 943 I-Light 152.3' Curb & Gutter c/o Mr. Joe V. Walden Ind. P. 0. Box 20267 San Antonio, TX 78220 36 75 5,597.03 14 18 2,159.61 7,756 64 SUBTOTAL THIS PAGE TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) TOTAL COST 'iU CITY OF FORT WORTH TOTAL CONSTRUCTION COST $14,031.72 $14,031.72 $13,628.66 $27,660 38 -1- Li il[lf;'Lt( ~'~IIYWLOWitill6~lll1~ I'lI fl ICTPII lI~I®I!I t1118111'tilll lg 111 FIN"fn'llf'II 'IID '~ eo~r c `~~ .///// ... MASfEF3'FiLE 1V ACCOUNTINR•2 TRANSPORTATICNIpUBLlC.1M\ydlg~/ ~ /J®~° /~ ~~ ~®~ // ~~~1/ ~®~~~ Q ~7/ ~(f~ ~~®~'j~ ~gnTER ACMINISTRATlON Q V'1L-~C~i/eUf~J~/ 0 r.nv LL~u~nn(vvV "~~J tVW (V ~~~/// tVw W ~..Wl~ u w DATE REFERENCE suB~ECT BENEFIT HEARING - ASSESSMENT PAV NG PAGE NUMBER 8/27/85 G-6416 OF ROSEWOOD AVENUE FROM ALTA MERE lof 1 RECOMMENDATION It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying the assessments as proposed. BACKGROUND On July 30, 1985 (M&C C-9156), the City Counci] declared the necessity for and ordered the improvements on Rosewood Avenue, Project No. 13-024315-00. A construction contract was awarded to James W. Jackson, Inc., in the amount of $24,052.50 and August 27, 1985, was set as the date for the benefit hearing. The adjacent property owners were notified of the hearing by certified mail on August 9, 1985. PROJECT DESCRIPTION ROADWAY R.O.W. STREET LIMITS WIDTH-FEET WIDTH-FEET Rosewood Alta Mere Drive 30 60 Avenue to T.&P. R.R. R.O.W. IMPROVEMENTS The street will be constructed to minimal standards since it only serves two properties. Improvements include new 6-inch thick hot-mix asphaltic concrete pavement with concrete curb and gutter and required concrete driveway approaches. No storm drain facilities are required. ASSESSMENTS AND ENHANCEMENTS Based on standard City policy and the low bid unit prices, cost to the adjacent property owners by assessment is $14,031.72. Cost to the City for construction is approximately $10,020.78, plus $3,607.88 (15%) engineering. Based on previous appraisals of like property, considering the improved access with the new pavement and improved drainage as a result of continuous curb and gutter, it is the opinion of the Department of Transportation and Public Works that each parcel of property will enhance in value by an amount equal to or more than the proposed assessment upon completion of the project. DAI:dh APPROVED BY Adopted Ordinance No'~.~-~-T'Y COUNCIL SUBMITTED FOR IHt CITY MANAGER'S DISPOSITION BY COUNCIL. 1'r F~ROC D BY OFFICE BY ~ APPROVED AUG ~'` ~~~ ORIGINATING C [ OTHER (DESCRIBE) ~,(~/ ~ DEPARTMENT HEAD Gary Santerre V ~ -~~°~:R~'l~" TA FOR ADDITIONAL IN FORI~I~I,l Schmidt EXt 7805 City seozeta>Zr of the CONTACT vuc I Q.`ity oY Foad W ,7Lt~8