HomeMy WebLinkAboutOrdinance 9386
ORDINANCE NO.~
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_. _. ALEMEDA sTREET _
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 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 1'0 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 fllling same and by constructing thereon to-wit
ALEMEDA STREET From U.S. 80W to 1400 feet north, known and designated as
Project No. 30-036841-00, a seven-inch thick reinforced
concrete pavement with aseven-inch high monolithic concretes
curb on a six-inch thick lime stabilized subgrade, so that
the finished roadway will be thirty=eight feet and six-inches
wide for a distance of four hundred feet, thence widening to
a width of forty-eight feet. 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 with Centerline Constructors. 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 sty°eets, 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?lst day of Maw
lg 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
that
that
ted 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
fully cunsidered all proper matter, is of the opinion that the said hearing should be closed and assessments
should be made and levied as herein ordered
BE IT ORDAINED BY THE ('ITY COL?N('IL OF THE CITY O)H' FORT WORTH,
TF:XA~, 7'H AT
I.
acid hearinR• be and the same is hereby, closed and the said protest and ob,}ections, and any and all other
In•otests and ol>ject.ions whether herein enumerated or or not, be Snd the same are hereby, wer•ruled.
II.
The 1. itv Council from the evidence finds that the assessments hereu? levied should be made and levied
against the 1'CS1rE'Ctr4e parcels of property abutting upcm the said portjom of streets, avenues and hublic 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 respec•trve parcels ot• property by means of the improvements
in the unit for vr•hic h such assessments are levied and establish substantial justice and equality and uniformity
between the respective owners of the respective properties and l:?etween 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 sand improvements rn the unit upon
which the particular property abuts and for which assessmer?t is levied and charge made, in a sum in excess of
the said assessment and charge made ag~unst the same b~ thrs ordinance, and further finds that the apportion-
ment of the cost of the improvements is in acc•ordanc•e ~~ith the la~~ in force in this City, and the pl•oc•eedings of
the Cit. heretofore had ~ti ith reference to said rmpruy~~nunts and is in all respects valid and regular
III.
"There shall be and is hereby lei ied and assessed ah<rinst the parcels of property herein below mentioned,
rrnd against the real and true owners thereof (~ti Nether sr}ch o~ Hers be c•orrec•tl~ named herein or not) the sums of
money itemised below opposrte the description of the respec tip e parcel;: of property and the several amounts
assessed against the sxrTre and the Ow nel'S thereof as far 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 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 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 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 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, <~tnd the owner;; thereof, rs
rn 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 ford in the Citv
VIII.
Although the aforementioned charges have been fixed, levied and assessed in the respective amounts
hereinabove stated, the City Council does hereby reserve wlto 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, rt shall not be required 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 evrdencrng the several sums assessed against the respective lrArcels of abutting prop-
erty and the owners thereof, end the time and terms of payment, and to aid in t.lre enforcement and collection
thereof, assignable certificates in the principal amount of the reslrectn e assessments less the amount of any re-
spective credit allowed thereon, shall be issued by the City of Fort ~~'urth Texas, upon completion and accept-
ance by the City of the impro~,enrents in each unit of impro~ ement as the nor 1. in such unit is completed and
accepted, which certificates shall be executed by the may of in the name of the Crty and attested by the City
Sect•etarv, with the corporate seal of the City rnrpressed thereon ,ur~l ~h.rll he payable to tiie City- of Fort Worth,
or its assigns And shall de~lai•e the said amounts, trine and terms of lra~ went mite of interest, and the elate of
the completion and ac•c•eptance of the improvements abutting upon such property t•oi wlricl; the certificate is
issued, and shall contain the name of the owner or owners if Ln~~~~ n dc~sc ~ iptiun of the property by lot and block
number or front feet thereon, or such other clesc•iptron as may uther~~isc. ulenttfv the same, and if the said
property shall be owned by an estate, then the description of same as su u~necl shall l>e sufiicrent and no error or
mistake in describing ant property (71' 11] Q'I\ 1nQ' the nAllle of thE~ u~, net shall ins alidate or in anywise impair
such certificate to the Assessments lei led
The certificates steal] prop ide substanUall~ that if s<uue ball nut bc~ pawl prumptl~ upon maturity, then
then shall be collet tal~tle v ith reasuna'ble Attorney s fees ~uul co>;t s .,f c allot tro1~ if incurred, and shall provide
substantially that the amounts evidenced thereby shall be Paul to the Asses~oi ~md Collector of Taxes of the
City of Fort V4'orth 'texas who shall issue; his receipt t.herefur ~~ hit I. sh,rll lie e~ idence of such payment on any
demand foi the same and the Assessor and Collector of T<ixe~shall deposit ilre sums so reserved by him forth-
with with the Crt~ Treasurer to be kept trnd held Iii term in <~ :;epar<rte fund And r~hen any payment shall be
made ir. the Ctt~ the Assessor and Collector of 'faxes u;~on sac lr certilicAte shall upon presentation to him of
the t•erttficate In the holder thereof endorse saki pay ment ther•eni' 11 such cer•tihcate be assigned then the holder
thereof sh~rll be entitled to receive from the ~'rt~ 'treasurer the <uuu~urt haul upon the presentation to him of
such certificate so endorsed and credited and such end~rrsenu•nt ,urd r ~~~dit shall be the Treasurer's Warrant for
rriaking such payment Such payments h~ the Treasurer sh~rli I~c~ rc:crl tc;d for the troklei of such certificate in
writing and by surrender thereof' r~hon the ln•inc,pal t.r~„•etl cr• ~.tirth .rccr•ued interest. And Ail costs of collection
and reasonable attorney's fees if• rncurrerl have been p ud in full
Said certificates shall further recrt:e sul>stantiall~ that the pr ocee,lnrgs ~~ rth reference to making the
improvements have been r•egularlti had rn compliance ~tirlh the I ,~~ :and tf At All prerequisites to the fixing of the
assessment lien agAtnst the property described in such c•c~rfiiicate urd i.i~cr personal lrahrlit~ of the owners thereof
have been performed and such recitals shall be prrirra fac•rc~ e~ rflr n~ ~ ~'' ,I! fhr~ rn rtit~rs recited rn such certificates.
and no further proof thereof slra{1 be requu•ed in Any r°irur•t.
Said certificates may hay e c•uupons attached firer eto ur et r iairc c u1' each rr an. of fire se. erA] installments
thereof, or mat hate coupons for eat li cif the to st i'uui installments leap in~~ fire main certificate to serve for the
fifth installment. ~a•hich coupons may be p:nal.>le to the City ot• Fort ~'4orth of its assigns may be, signed with the
facsimile signatures of the l~'tayor anti Crtt Secretary
~, o a
~ i
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 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 19___-
APPROVED AS TO FORM AND LEGALITY
City Attorney
Pt2O.TECT N0. 30-036841-0()i A1.F:MMI!:DA STRLET, FROM U.S. 80W TO 1400 FEET NOR1H, to be iwproved by
constructi~~ a aeren-inch Chick reinforced concrete pavement with a seven-inch high monolithic concrete
curb on a six-inch thick lime atr~bilized aubgrade, ao that the finished roadway will be thirty-eight
feet and six-inches wide for a d:latance of four iiundrecl feet, thence widening to a width of forty-eight
feet. Six-inch thick reinforcrxi concrete driveway approaches will be constructed where required.
BLOCK
OWNER LOT 'CONING FRONTAGE RATE AMOUNT ASSESSMENT
WEST SIDE - BEGINNING AT U.S. 80W HAYS COViNGTON SURVEY
Ab~ud S. Greig TR. 2A 108.5' pavement 57.68 $6,258.28
3100 Mary's Lane E. Com. 108.5' curb 3.71 402.54
Fort Worth, TX 76116
LINDA VISTA ESTATES
Fart Worth Ltd. 14 6 10 250' pavement 57.68 14,420.00
c/o Postal Manag anent 13 I-Ind. 250' curb 3.11 927.50
Service Co. 142.50 SF Driveway 3.18 453.15
11300 Weddingtan
North lic~llywoud, CA
91601
SANTA PAULA DRIVE INTERSECTS
Caroline Murrin 15 9 160' adjuatecl to
1217 Clover Lane A-1 side lot:
Fort Worth, TX 76107 100' pave~nant 17.64 L,764.00
100' curb 3.71 371.00
Caroline Murrin l4 9 266.7' adjusted to
1217 Clover Lane A°1 aide lot:
Fort Worth, TX 76107 166.7' pavemment 17.64 2,940.59
166.7' curb 3.71 618.46
$6,660.82
$15,800.65
$2,135.00
$3,559.05
SUBTOTAL THIS PAGE $28,155.52
_L-
P120JECT N0. 30-036841-00, ALEMEUA STKEET, FROM U.S. 80W TO 1400 FEET NORTH cont.
BLOCK
OWNER LOT ?ANTNG FRONTAGE
W~:ST SIDE ____
SANTA MONICA DRIVE INTERSECTS LINDA VISTA ESTATES
John O'Donnell 20 4 135' adjusted to
9504 Santa Monlca Dr. A-1 aide lot:
Fort War th, TX 76116 100' pav event
100' curb
RATE AMOUNT ASSESSMENT
17.64 1,764.00
3.71 371.00
2,135.00
e
George Fovtik 19 4 160' adjusted to
3529 Socorro Rd. A-1 side lot:
Fort Worth , TX 7 6116 100' pav en-ent
100' curb
.17.64 1,764.00
3.71 371.04
2,135.00
SANTA CLARA DRIVE INTERSECCS
Lilly Connell 21 3
9500 Santa Clara A-1
Fort Worth, TX 76116
160' adjusted to
aide lot:
100' pavement
lOJ' curl
17.64 1,764.00
3.71 371.00
$2,135.00
EAST SIDE
The Pinnacle Group
A Joint Venture 5
Suite 505 F-Coax.
13140 Coit lid.
Dallas, Texas 75240
Attn: 13etey A1tmt~n
WESTERN CROSSROADS ADDITION
1398.05' (Lees S.W. 13e11-200')
846.95' pav ement (24.5'W) 71.51 60,565.39
150.00' pav e~nent
(22.125'W) 64.60 9,690.00
201.10' ~-e<nenC (19.75'W)57,68 11,599.45
1,118.05' curb 3.71 4,147.97
$86,002.81
PRE-PAID
SUB'TUTAL THIS PAGE $92,407.81
-2-
PE~DJECT TA . 30-036841--00 AI~.MEDA STItEE'T 1'12DM U .S . 80W TO 1400 FEET ND1tTN a~ nt .
B[AQC
OWNER TAT 71J[VING FRONTAGE RATE AIrDUNT ASSESSMENT
EAST STDE SOUTHWESTERN BELL WESTLAND
244 ADDITIUN
So uthweatern Bell (Plat
Telepbne O~mpany 388- F-Qam. 200' pav~nent 57.68 11,536.00
Tax Diviaip n 65- 200' curb 3.71 742.00.
One Bell Plaza 12,278.00
Ibom 2950
P. 0. li~x 225521
Dallas, Texaa 75265
SUBTOTAL T11'iS PAGE $12,278.00
TOTAJ. OOST 10 PROPERTY OWNERS (ASSESSMENTS) $132,841.33
iOTA1. OOST ZO CITY OF FORT i+ORTH $143,089.60
TOTAL ESTIMATED OONSTRUGTION ODST $275,930.93
-3-
~~ -
IDf 1F ~'EF; FILF
eltr ~, Rt^i:F ,E , City ®f ' ~~rt worth, ~"ex~cs
Qi2AN,~i'u^?4?L?PtP ~Ptr 'O Ft CC°•C
hFs1'CR A(iMINISlF
~r"D'ATE REFERENCE
NUMBER SUBJECT F R - SSE SSME NT
PAVING OF ALEMEDA STREET - US PAGE
0 1
5/ 21/85 G-634 7 WEST T O 1400 FEET NORT H ' °f-'-
Background
On April 23, 1985 (M&C C8978), the City Council declared the necessity for and
ordered the improvements on Alemeda Street, Project No. 30-036841-00, as des-
cribed below. A construction contract was awarded to Centerline Constructors,
Inc., in the amount of $246,366.90 and May 21, 1985, was set as the date for the
benefit hearing. All of the adjacent property owners were notified of the hear-
ing by certified mail on May 3, 1985.
Project Description
Roadway R.O.W.
Street Limits Width-Feet Width-Feet
Alemeda US. 80 W. to 38.5 to 48 50 to 68
Street 1400' North
Origin of Project
On December 11, 1984 (M&C C-8754), the City Council authorized Community
Facilities Agreement No. 14159 with The Pinnacle Group, a Joint Venture, for the
development of Western Crossroads Addition. This segment of Alemeda Street is a
border street to a portion of the development.
Improvements
Alemeda Street is proposed to be improved with 7" concrete pavement with con-
crete curb and concrete driveway approaches where required. Storm drain improve-
ments consist of 710 feet of reinforced concrete pipe and appurtenances.
Assessments and Enchancements
Based on standard City policy and the low bid unit prices, the proposed- assess-
ment against adjacent properties is $132,841.33, of which $86,002.81 is the
developer's portion. The developer's portion has been prepaid and deposited in
the project account. Cost to the City for construction is approximately
$113,525.57, plus $29,564.03 (12%) engineering.
Based on previous appraisals of similar property, considering the improved and
controlled access and the improved drainage facilities, it is the opinion of the
Department of Transportation and Public Works that each parcel of adjacent
property will be enhanced 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.
R
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DEPARTMENT HEAD
FOR ADDITIONAL INFOFjINpeTtp(J Schmidt Ext 7805
CONTACT (J C1 I ' < ~ - ~
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