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HomeMy WebLinkAboutOrdinance 9289ORDINANCE N0.-~ - ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _. JOHN T . WHITE ROAD _ 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• GATES IN EVIDENCE WHEREOF: RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE A99ESSMENT TO THE EXTENT OF ANY CREDIT GRANTED: DIRECTING THE CITY SECRETARY 7'0 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 oP 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 JOHN T. WHITE ROAD From Sylvan Drive to Newport Road, known and designated as Project No. 29-02/+313-00, a seven-inch thick rein- ( South Lane) forced concrete pavement with aseven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished traffic lane will be thirty-six feet wide. Seven-inch thick reinforced concrete median openings with turn lanes and six-inch thick concrete driveway app- roaches 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 8th-day of January 19-8,5_~ 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 -____. .__ _-._-protested that __- _____. __-__ __ _-_ _protested that -- ------- --.. ------------ - -- -- - -- - - -- --protested that - -- -- -- --- - - --- - ---- ----- -------Protested that .____protested that .____protested that and said hearing was continued to the present time in order to more fully accomplish the purposes thereof, and all desiring to be heard were given full and fair opportunity to be heard, and the City Council of the City having l'ullt considered all proper matter, is of the opinion that the said hearing should be closed and assessments should Ire made and levied as herein ordered I3E IT ORDAINED BY THE ('ITY COUNCIL OF THE CITY O1H' FORT WORTH, TwaAS, 'THAT I. laid hearin~• be and the same is hereby, closed and the said protest and ob,jerti~ns, and an•y and all other Irrcrtests and objections, whether herein enumerated or or not, be alld the same are hereby, overruled II. The (.its Council from the evidence finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon the said pcirtions of streets, avenues and publrc places and against the. owners of such property, and that such assessments and c barges are right and proper and are substantially in proportion to the benefits to t~~e respective parcels of• property b~ means of the improvements in the unit for whit 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 said improvements in the unit upon ti hreh the particular property abuts and for ~ hit h assessmer?t rs levred and charge made, in a sum in excess of the said assessment and charge made against the same b~ this ordinance and fw•ther finds that the apportion- ment of the cost of the improvements is rn ac•cordanc•e ~tiith the law in force in this City, and the proceedings of the ('it.~ heretofore had ~~ ith ref•erenc•e to card rmpro~ :~nrents and is in all respects valid and regular III 'There shall be and rs hereby let ied and assessed agamst the parcels of property herein below mentioned, and against the real ru~ri true owners thereof (~+hether such owners be ccn•rec~.l~ named herein or• not) the sums of money itemised be',o~ opposite the description of the respec tip e parcels of• property and the several amounts assessed against the sart?e and the owners thereof as far <cs 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, Scfiool 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 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. v 7' VII. The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in accordance wit41 the proceedings of the City relating to said improvements and assessments thereof and is less than the proportion of the cost allowed and permitted by the law in farce in t{ie Citv 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 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 racy 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 pavment, and to aid in t:he enforcement and collection thereof, assignable certificates in the principal amount of the respecti~ e assessments less the amount of any re- spective credit allowed thereon, shall be issued by the City of Fort. ~'~'oi•th Texas, upon completion and accept- ance by the City of the improvements in each trait of imin•o~ement as the voil. in such unit is completed and accepted, which certificates shall he executed by the mat ur in the Hanle of the Citv and attested by the City Seci•etarv, with the corporate seal of the City inipressec{ thereon ,aid shall lie pay able to the City of Fort Worth, or its assigns and shall declare the said amounts time and terms of l+a~ ment rate of interest, and the date of the completion and acceptance of the improvements abutting ulxm such proliert.v for which the certificate is issued, and shall contain the name of the owner or owners rt• l.nn~a n desc , iptiun of the property by lot and block number or front feet thereon or such other rlesczptron as may uthei•«ise identify the same, and if the said propei•t~ shall be owned by an estate, then the description of same as ~+~ owned shall be sufficient and no error or mistake in describing any ln•opert ~ or uz git ing the name of th+~ {,~~ Her sh..ill int alidate or in anywise impair such certificate to the assessments lei led The certificates shall prof ide substantially that rt• sanu~ shall nut be paui prumptl~ upon maturity, then they shall lie callec•t.alrle ~ ith reasonable attorney s fees u,d + +,~;t ~ +,f + ull~=c ti~,n if incurred and shall provide substantially that the amounts eyirlenced thereht ;;hall be laid to the Assessor and Collectui of Taxes of the City of Fort ~'~'orth 'T'exas who shall issue his receipt therefui ~~ hit 1. sh .ill lie e~ idence of such pavment on any demand fur the same, and the Assessor and Culic:ctoi• ut' •C<i~es shall dc~puszt she sums so received by him forth- with with the City Treasurer to be kept and held Ire him in ~~. separate fund anti ~~hen any pavment shall be made in the Citt the Assessor and Cul{ectoi of '1"axes u;,on secl~ ,ertitic~ite shall upoir presentation to him of the certificate Ln the holder thereof endiirse said payment thei•euf if .ucli certificate be assigned then the holder thereof shall be entitled to rec•ei~e from the (its Treasurer the rruu!rri± paid ulxm the presentation to him of such certificate so endorsed and credited, and such end+,rsen~e~nt ,rr:+d i+~dit slrafl be the Treasurer's Warrant for nicking such payment. Such payments try the rI'ieasurr:j shall lice ie.cil terl fur the holder of such certificate in writing and by surrende~i thereof ttihen the principal t.,;;etl~,e•r ~.~-ith <uc rued interest and all costs of collection and reasonable attorney's fees if recurred have been laid in full Said certificates shall further i ecite substantially that the pr ucec:clings tt•rth i eference to making the improvements have been regularly had in compliance «ith the 1 it ui+l tl ni all prerequisites to the fixing of the assessment lien against the property described rn sorb c•eriiticate Hid i.i~e persun~i.l hahilit~, of the owners thereof have been perfot•mecl and such recitals shall 1>e prima facie e~ ide~n,+~ +'f ill thc~ rn<itter~ recited in such certificates, and no further proof thereof shall be required in ant c•inu•t Said certificates may have coupons attached theiet~ ui e~ i iezrce u1' each ui pint of the several installments thereof, or mat have coulwns for each of the first four installments leayin~~ the main certificate to serve for the fifth installment. which coupons racy be pat able to the Citt of Fort 1~ orth or its assigns mat be signed with the facsimile signatures of the ~'Iayoi <ttui Cite 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 aub- 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, ig, 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 Acta 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 thi day o 1 APPROVED AS TO FORM AND LEGALITY ~ ;~~~~ ~ . L~~Iy4tiC.~ i Ity Attorney . - . PROJECT N0. 29-024313-00, JOHN T. WHITE ROAD, SOUTH LANE, FROM SYLVAN DRIVE TO NEWPORT ROAD, to be ?. improved by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished traffic lane will be thirty-six feet wide. Seven-inch thick reinforced concrete median openings with turn lanes and six-inch thick concrete driveway approaches will be constructed where specified. BLOCK OWNER LOT 7ANING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH-SIDE BENTLEY VILLAGE ADDITION Dalworth Develo Anent Co. 1R K 941' pavement 70.26 66,114.66 A Texas Limited Partnership "CR" 921' curb 2.44 2,247.24 1980 South Post Oak Rd Suite 1890 Houston, Texas 77056 Attn: Sim S. Capon $68 361.90 ~ General Partner SUBTOTAL THIS PAGE $68,361.90 TOTAL COST TO PROPERTY OWNER $68,361.90 TOTAL COST TO CITY OF FORT WORTH $65,872.23 TOTAL ESTIMATED CONSTRUCTION COST $134,234.13 -1- ~ -,;~i~ n S`"i ER FS~E 1 ~. CITY MANAGER 1 ACCOUNTING 2 TRANSPORTATiONI '1 A~~cP. Ate pity ®~' l~~r~t ~~a°t~,, ~C~.~~~ ~7ayor a~.~l ~ouaacil ~~mm~,n~~at~~~, DATE REFERENCE SUBJECT Benefit Hearing - Assessment PAGE v,sTRA-~r.r' + NUMBER Paving of John T. White Road (South Lane) 2 1/8/85 G-6217 from Sylvan Drive to Newport Road 1of Background On December 11, 1984 (M6C C-8756), the City Council declared the necessity for and ordered the improvements on John T. White Road, Project No. 29-024313-00 as described below. A construction contract was awarded to Walt Williams Construction, Inc., in the amount of $119,851.90, and January 8, 1985, was set as the date for the benefit hearing. The adjacent property owners were notified of the hearing by certified mail on December 14, 1984. Project Description Roadway R.O.W. Street Limits Width-Feet Width-Feet John T. White Sylvan Drive 1 2 of Double 120 Road (South Lane) to Newport Road 36' Roadway W/28' Median Origin of Project In May, 1975, John T. White Road was improved on the assessment basis from Randol Mill Parkway eastward to Sylvan Drive as a double 36' wide roadway and from Sylvan Drive eastward to the east property Line of Lot 19, Block C, Bentley Village Addition as a single 36' wide roadway, being the north lane of a future double 36' wide roadway. The above improvements were initiated by Community Facilities Agreement No. 8052, dated September 5, 1974. The south lane of John T. White Road from Sylvan Drive eastward was to be constructed as development required. Lot 1-R, Block K, Bentley Village Addition is now being developed on the south side of John T. White Road from just west of Sylvan Drive eastward approximately 904 feet to Newport Road. On February 12, 1982, Dalworth Development Company, a Texas Partnership, owners of subject property, signed a paving petition by which they agreed to improve the south lane of John T. White Road on the assessment basis at such time as traffic warrants. The owners are now in the final stages of developing the lot with a rather large apartment complex which will generate sufficient traffic to require the roadway. There is also a drainage problem which can only be corrected by constructing the roadway. Based on the recommendation of the Transportation and Public Works Department, the City Council on January 3, 1984 (M&C G-5867), authorized the design and advertisement of the project. Improvements This segment of John T. White Road will be improved with 7-inch reinforced concrete pavement with concrete curb as well as turn lanes and median openings where required to match the existing north lane. Storm drain facilities consist of two curb inlets with tie-in pipe. ~., :~:, ~,,, • DATE REFERENCE SUBJECT Benefit Hearing -Assessment PAGE NUMBER paving of John T. White Road (South Lane 2 2 1/8/85 G-6217 from S Ivan Drive to Ne ort Road °f Assessment and Enhancement Based on standard City policy in effect at the time the paving petition was signed and the low bid unit prices, cost to the property owners is $b8,361.40. Cost to the City for construction is approximately $51,490.00, plus $14,382.23 (12Y) 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 the ad3acent 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 ordinanc e be .adopted closing the benefit hearing and levying the assessment as proposed. DAI : jq - I~PPROVED ~Y CITY COUi~C~L ~a~ ~ ~~~~ - __- _- i:~f~ S~eor©tary of the ~itp of „ ~Ra SUBMITTED FOR TH A I I _ ~ /] CITY MANAGE / /' F Y DISPOSITION BY COUNCIL. PROCESSED BY G4~-~- ( /G FICE B O ^ APPROVED ORIGINATING DEPARTMENT HEAD: Gary' Sariterre (_j OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt EXt 7805 Ado[~tec~ Ordinance No, r . DATE