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HomeMy WebLinkAboutOrdinance 9288-A>~ ~' ORDINANCE NO.~~D ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _. COOKS LANE _ __ 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• CATE9 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 'I'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 oY 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 COOKS LANE From Brentwood Stair Road to IH-30, known and designated as Project No. 30-0231.71-00, Unit II, a seven-inch thick re- inforced concrete pavement with aseven-inch high .attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will consist of two thirty-six feet wide traffic lanes with atwenty-eight feet wide median Seven-inch thick reinforced concrete turn lanes and six-inch thick 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 SRO ASPHALT, 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 8th_day of January 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 protested that that ted that that ___.____protested that _- ____ ____.__ .~._--_-_~__ _protested that -- --- ---------- - -- --- - -- - ----protested that - --_ ---- -- ----- - - -- ---- ----- ------ ----_--protested that protested that ____protested that xnd 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 considered all proper matter, is of the opinion that the said hearing shoulcj be closed and assessments should be made and levied as herein ordered BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, T)r:XA~, 'THAT I. tiaid hearing be and the same is hereby, closed and the said protest and objections, and an•y and all other protests and objections, whether herein enumerated or o? not, be and the same are h.erebv, overruled II. The l.it~ Council from the evidence, Inds that the assessments hereu? levrt'd should be made and levied against the respec•t?ve lrarc•els of property abutting upon the said portions of• streets, avenues rend public• places rrnd against the owners of such ln•operty, and that sorb assessments turd charges are right and proper and are substantially in In•oportion to the benefits to the respectrve parcels oi' property by means of the improve.m.ents in the unit for which such assessments are levied, rind establish substantial ;justice rrnd equality and uniformity between the respective owners of the respectn~e properties and between rill 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 valtre to the said property b~ means of the said improvements rn the unit upon which the particular property abuts rrnd for ~•h}ch ,rssessmer?t is levied and rh~u•ge made, in a sum in excess of the said assessment and c•har•ge made against tl?e same 1?~ th?s ordinance rrnd further finds that the apportion- ment of the e•ost of the improvements is in ac•c•ordanc•e ~ti?th the lair in force in this City, and the proceedings of the ('it.~ heretofore had ~~ith reference to said rmproy:>nurnts and is rn all respects valid and regular 111. 'There shall be, and ?s horebr lei ied rrnd <rssessed rrgxintit the parcels of property herein below mentioned, rrnd against the real rrnd true o~ners thereof (~~hether such owners be correctly named herein or not) the sums of nunrey itemised beloy~y opposite the desc•riptwn of tl?e respective parcels of property rrnd the several amounts assessed against the sal7re and the owners thereof as fa? rrs such ovvnerS 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 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 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 proper•ty~, and the owners thereof, rs in accordance with the proceedings of the City relating to said improvements and assessments tller•eof, and is less than the proportion of the cost allowed and permitted by the law :n force ur 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 1lerein reserved the right to issue credits, it shall nut 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 tale 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 hereafte}• 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 llai•cels of abutting prop- erty and the owners thereof, and the time and terms of payment 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 steal} be issued by the City of Fort ~'l'orth Texas upon completion and accept- ance by the Cite of the impro~-enlents in each unrt of impro~ enic:nt as the v or 1. rn such unit is completed and accepted whiell certificates shall be executed by the mat ur in the name of the City and attested by the City Secret~u•v, with the corporate seal of the City impressed thereon ,ind shall be pay able to tiie City of Fort Worth, or• its assigns and shall declare the said amounts trine and terms ui' p<i~ meat i ate of interest, and the date of the completion and aceeptanc•e of the improyemer.ts abutting trpun su(h prupert~ for which tl,e certificate is issued, and shall contain the name of the owner or owners if I:nr~~~ n cl(~sc ~ iption of the property by lot and block number or front feet thereon, or such other destiptron as may utl~er~~rse identify the same, and if the said property shall be owned by an estate, then the deser•iptron of sanx> as so uwneil shall be sutlicient and no error or mistake in describing am propert ~ ur in o'i~ ir.o• the Hanle of thF~ (~~~ Her shall ins alidate or in anywise impair such certificate to the assessments lei rerl The certificates shall prop rde substantiz;ll~ that rt• swore shall nut I>(> pawl prumptl~ upon maturity, then they sh:;ll be c•ollec table y ith reasonable attorn(:~~ s fees <u,rl ~ u•;t ~ .,f ,•ull+'c trop i f incurred, and shall ln•ovide substantially that the amounts e~i~lenc•ed tiere~l,~ shall be yard to the Assessor and Collector of Taxes of the City of Fort ~'~'orth 'i'e~as who stew}1 rssrle his receipt therefor uhr( 1. ~h ill be e~'rdence of such payment on any demand fur the same, and the Asst:ssur uul (uliectur ut "I'a~e~s ~h.rll deposit ~.he sums so received by him forth- with wrth the (`rte Treasurer to I>e kept <ind held I?~ term in <~ separate 1'ilnd and ~tihen any payment shall be made rn the City the Assessor and Cullec•tur of '1'a~es u;u1n ~~,u(•h ~ ertilicate shall upon presentation to him of the certificate b~ the holder thereof endur•se swirl pay nlent therein' I t such cer•i rficate he assigned then the holder thereof shall be entitled to rec•ei~e from the C rte 'Ti exsurr~r the <uuu~nrt paid upon t{ie presentation to him of such certificate so endorsed and credited , and such endursen,c nt t1r:~(i r•~~<lrt shz,il be the Treasurer's Warrant for making such payment Such payments h~ the ~I'reasur•e} sh~rl} be rccc,l terl fc;r the 1loldei of such certificate in writing and by surrender thereof' ~~hen the }irine,p~rl t.>;.~'etl~ci° ~rlh <,ccr•ueci introrest and all costs of collection and reasonable attorney's fees rf rncurr•ed have been p~u(1 in full Said certificates shall further recite substantially that the prucee,lrngs ~~rth~ reference to making the improvements have been reg•ulail~ had rrr comphanet~ ~tiith the. 1 ,~~ in(l tl t,i ~rl1 prerequisites to the fixing of the assessment lien against the prollertr• descrrbed rn such c~~rtiiicate urn! i.~ie persun~,l habilit~ of the owners thereof have been 1lerformed and such recitals shall be prmla facre e~ i(1( n~~~ ~~+' ,Il the ni:rttt•rti recited in such certificates, and nu further proof thereof shall be requn•ed m any cuur•t. Said certificates may hay e cvupvns attuc•he~l thereto u1 e~ i(len~ e of eac•lr ,i any of the se. er al installments thereof, or may h~r~ e coul~xms for each of the first four installments, le~rvin~~ themain certificate to serve for the fifth installment which coupons may be pay al.ile to the Cit. of Fort l'~ urth ur its assigns may l,re signed with the facsimile signatures of the ;\'Iavor an<l City ~ecretarv :• .. . 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 aub- atantially 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 unite 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 asaesa- 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 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 ~ 19~ ~/ APPROVED AS TO FORM AND LEGALITY ity Attorney PROJECT N0. 30-023171-00, ODOKS LANE, UNIT II, FROM BRENTWOOD STAIR ROAD TO IH-30, to be improved by constructing of seven-inch thick reinforced concrete pavement with seven-inch high attached concrete curb and a six-inch thick lime stabilized subgrade, so that the finished roadway will consist of two thirty-six feet wide traffic lanes with a twenty-eight feet wide median. Seven-inch thick concrete driveway approaches will be constructed where required. OWNER WEST SIDE RATE AMOUNT E.S. JOHNSON SURVEY, ABSTRACT 853 First Continental ~-2A6(S1033.70') Enterprises,. Inc. V-4690 P.584 1033.70' Pavement $55.31 57,173.95 P.O. Box 401468 "C" 973.70' Curb 1.96 1,908.45 Dallas, Texas 75240 85.25 S.F.Driveway 3.18 271.10 1033.70' Street Lights 4.58 4,734.35 ASSESSMENT 64,087.85 Donald L. Hudgins, Jr. ~-2A6(N492.66') (Trustee) 2201 North Collins "E" Suite 260 Arlington, Texas 76011 EDERVILLE ROAD INTERSECTS C.W. Murchison Jr. ~ T-2 Louis A. Farris Plaza of the Americas "E" Suite 201 Dallas, Texas 75201 IH-30 INTERSECTS EAST SIRE Tintex Turnpike T-2 Joint Venture V-7861 P.207 110 Brookhollow I "G" 2301 East Lamar Blvd. Arlington, Texas 76011 Attn: Hal Brensen BLOCK IAT ZONING FRONTAGE 492.66' Adjusted to (Drainage Easement) 400.00' Pavement 55.31 22,124.00 400.00' Curb 1.96 784.00 400.00' Street Lights 4.58 1,832.00 364.24' Pavement 55.31 20,146.11 364.24' Curb 1.96 713.91 364.24' Street Lights 4.58 1,668.22 367.27' Pavement 55.31 20,313.70 367.27' Curb 1.96 719.85 367.27' Street Lights 4.58 1,682.10 SUBTOTAL THIS PAGE 24,740.00 22,528.24 22,715.65 134,071.74 -1- • • ~ Y . ~ J PROJECT N0. 30-023171--00, COOKS LANE, UNIT II, FROM BRENTWOOD STAIR ROAD TO IH-30, Cont. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT EDERVILLE ROAD INTERSECTS Alden E. Wagner & T~2A Alden E. Wagner Jr. V-7529 P.542 4054 McKinney Ave. "E" Suite 200 Dallas, Texas 75204 475.00' Pavement 475.00' Curb 85.25' S.F. Driveway 475.00' Street Lights 55.31 26,272.25 1.96 931.00 3.18 271.10 4.58 2,175.50 29,649.85 EAST SIDE T.K. HAMBY SURVEY-ABSTRACT 815 ASA Mortgage Co. T~2A 1030.05' Adjusted to (Drainage Easement) Attn: Bob Moran V-7709 P.1021 951.73' Pavement 55.31 52,640.19 P.O. Box 516 "C" 951.73' Curb 1.96 1,865.39 ,Tourdantoa,Texas 78026 85.25' S.F. Driveway 3.18 271.10 951.73' Street Lights 4.58 4,358.92 59,135.60 SUBTOTAL PAGE ONE SUBTOTAL THIS PAGE TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) TOTAL COST TO CITY OF FORT WORTH TOTAL ESTIMAT® CONSTRUCTION COST 134,071.74 88,785.45 222,857.22 518,084.88 $740,942.10 -2- ~MA 7' .._,...rr ~'~ "~~~ F~~ ~ i CITY MANAGER 1 ACCOUIVT!ltG~2 TRANSPORT, pity ®~ IF~~°~ ~y~~r~~i,, ~~.~~~ J~ayor a~.cl ~o~n,cid ~orra,m~an,~.~~t~o~a. DATE REFERENCE SUBJECT 1SeneI1L nearing - l+ooKS Liiuc PAGE NuMSER Improvements from Brentwood 2 1/8/85 G- 6216 Stair Road to Iif-30 i of Background On December 4, 1984 (M&C C-8745), the City Council declared the necessity for and ordered the improvements on Cooks Lane, Project No. 30-023171-00, as described below. A construction contract was awarded to SRO Asphalt, Inc., in the amount of $705,659.14, and January 8, 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 December 14, 1984. Roadway R.O.W. Street Limits Width-Feet Width-Feet Cooks Lane Brentwood Stair 2-36' Lanes 120 (Unit II) Road to IH-30 W/28' Median Origin of Project On May 30, 1980 (MSC G-4548), the City Council approved the 1980-81 CIP and authorized the Public Works Department to begin engineering design for street and storm drainage improvements, including the design of Cooks Lane from John T. White Road to Brentwood Stair. On August 18, 1980 <M&C C-5219), the City Council authorized the City Manager to execute a contract with Rady and Associates, Inc., for design services (City Secretary Contract No. 11246). The cost of the right-of-way required for this project exceeded the original estimates and the funds that initially were allocated, and thus reduced the funds available for construction. Consequently, on April 24, 1984 (M&C C-8344), the City Council authorized the reorganization of the project for advertisement and construction in the following order as construction funds permit: 1. Cooks Lane I.H. 30 Interchange (Unit I), (Contract awarded 12-11-84, M&C C-8762) 2. Cooks Lane from Brentwood Stair Road to IH-30 Interchange (Unit II) 3. Cooks Lane from I.H. 30 Interchange to John T. White Road (Unit III) Improvements This segment of Cooks Lane (Unit II), will be improved with 7 thick reinforced concrete pavement with attached concrete curb and driveway•,approaches where required. Storm drain improvements consist of two reinforced concrete box culverts and 770 feet of reinforced concrete pipe and appurtenances. In addition, required street lighting will also be installed in a future contract. However, adjacent property owners will be assessed for the street lighting at this time based on the engineer's estimate. ~ ' ~. DATE REFERENCE SUBJECT Benefit Hearing - Cooks Lane PAGE 1/8/85 GuMRER Improvements from Brentwood 2 2 621h of Stair Road to IH-30 Assessments and Enhancements Based on standard City policy for the improvement of a border street to a development, the low bid unit prices and the engineer's estimate for street lighting, cost to the adjacent property owners by assessment is $222,507.14. Cost to the City for construction is approximately $483,152.00 including $.15,508.50 for street lighting, plus $35,282.96 (SX) engineering. Based on previous appraisals 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 amount equal to or more than the proposed assessment upon completion of the improvements. Recommendations It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed. DAI: jq Attachment APPROVED BY ciTY cou~~~~. ''nnJ//AN 8 198 City Seczetazy of the City of Fort 3~s1iJ'ly_ SUBMITTED FOR 7H CITY MANAGER'S ~ - I I J ~~ OISpOS1710N 8Y COUNCIL. PROCESSED 8Y OFFICE BY GG~ikG(J APPROVED ORIGINATING La OTHER (DESCRIBE) DEPARTMENT HEAD Gary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION q~0 ted Ordnance No,~'~2. coNrncT Odell Schmidt Ext 7805 t' DATE