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HomeMy WebLinkAboutOrdinance 9006ORDINANCE N0.-~~~ - ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__ _ ~w~rF sTRFFT _- .. 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• GATES 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 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 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 BOWIE STREET From Lipscomb Street to Hemphill Street, known and designated as Project No. 029-024306-00, a seven-inch thick hot-mix asphaltic concrete pa- vement on a six-inch thick lime stabilized sub- grade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on twenty- eight foot wide roadway. Six-inch thick con- crete driveways will be constructed where spec- ified as well as four foot wide concrete side- walk on both sides of the street with wheel- chair ramps at all intersections. 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 APAC-TEXAS,. 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_3ssi._day of~Lanuar~ , 19~, 7.30 P = M • , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit. protested that _ protested that. _ _ _protested that .protested that that _protested that __ -___- _ ___._ _--.__protested that --- --_-- ---.~.--- -----------Protested that ted 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 considered all !roper matter, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein oI•der•ed I3E IT ORDAINED BY THE ('ITY COLTN('IL OF THE CITY OF FORT WORTH, 1'F.XA~, 'THAT. I. Said hearinR• be, and the same is hereby, closed and the said protest and ob,}ertions, and any and all other protests and cib•jections whether herein enumerated or or not, be and the same are hereby, overruled. II. The l.it~ (.ounc•il from the evidence finds that the assessments hereui levied should be made and levied against the respective lrti•c•els of property abutting upon the said portxxls 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 prciportion to the benefits to the respective p~u•c•els oi' property by means of the improvements in the unit for whit h such assessments ~ri•e levied and establish sribstantial •}ustice 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 tUl'thel finds that in each arse the abutting property assessed is specially benefited 111 eilhallCed value to the said property b~ means of the said improvements in the unit upon which the partic•ulrrr property abuts and fo+• ti hich 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 cost of the improvements is in ac•c•ordanc•e ~tiith the law in force in this Clty, and the proceedings of the <'it.~ heretofore had with reference to said impro~:~nlents and is in all resl.~ects valid and regular III There sh<rll be and is herel>~ lei led and assessed against the parcels of property herein below mentioned, and against the real and true owners thereof (~tihether such owners be c•orrectl~ named herein or not) the sums of money itemised beioN opposite the description of• the respective p<u•cels of property and the several amounts assessed agirinst the same and the owners the~•eof as far as such owners ai•e known being as follows 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 improverr~ents and assessments thereof, and is less than the proportion of the cost allowed and permitted by the law in force in t.lie City VIII. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts hereinabove stated, the City Council does het•eby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain prroperty 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 anv equity and/oi• unjust discriminaticm The principal amount of each of the several assessment certificates to be issued the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts, if any, as may hereafter be allowed by the City Council as a credit against the respective assessments. IX. For the purpose of evidencing the several sums assessed against the respective parcels of abutting prop- et•ty and the owners thereof, and the time and terms of payment, and to aid m the enforcement and collection thereof, assignable certificates in the principal amount of the respeeti~ e assessments less the amount of any re- spective credit allowed thereon, shall be issued by the City of Furt ~'~'cn•th, Texas, upon completion and accept- ance by the City of the improvements in each unit of impro~ ement as the wqt 1. in such unit is completed and accepted, which certificates shall be executed by the mayor m the narr,e of• the City and attested by the City Secretary, with the corporate seal of the City impressed thereon, and sh<cll be pay able to the City of Fort Worth, or its assigns and shall declare the said amounts, time and terms of pa. ment rate of interest, and the date of the completion and acceptance of the improvements ahuttmg upon such property f•or which the certificate is issued, and shall contain the name of the owner rn• vw~ers if lcnc~w n desrc il.~tion of the property l.~y lot and block number or front feet thereon or such other desc~ption as ma. uther~i~se identify the same, and if the said property shall be owned by an estate, then the desc~•iption of same as so owned shall be sufficient and no ei•t•or or mistake in descril.~ing am propert.r or m gig inh• the n~uue of the o~ti nei shall ~m alcdate or in anywise impair such certificate to the assessments lei red The certificates shall prop ide substantially that if sane shall nut he paid prumptl~ upon maturity, then they shall be cc711ec table with reasonable attorney's fees and c u•;i s of c ulluc to>n if inctn~red, and shall provide substantially that the amounts eyiclenced thereh~ shall ire paui to the Assessu~ and Collector of Taxes of the City of Fort ~~'orth Texas who shall issue hcs receipt therefrn w hicl; sh~cll l>e e~ idence of such payment on any demand for the same, and the Assessor <tnd ('ollecto~• of Tapes shall deposit she sums so received by him forth- with with the City Treasurer to 1.>e kept and held !>~ hem cn ~,. separate fund and when any payment shall be made in the City the Assessor and Colfectoi of 'faxes u;x~n such rent ~lic ate shall upon presentation to him of the certificate b~ the holder thereof endi~rse said pay ment thereui' If' sorb cet•t~iic~tte be assigned then the holder thereof shall be entitled to rerei~-e from the ('its 'I'~ea~urF~i the <uuuunt paid upon the presentation to him of such c•ertifieate so endorsed and credited , and such endorsement and i ~~clct shall be the Treasurer's Warrant for making sorb payment Such payments 1~~ the Treasurer shall !~e re<ecl ted for the holder of such certificate in writing and by surrender thereof when the 1)1']n(;])<!1 tc>~~~efhe~r w-~th <~~.~ rued ~ntf~rest. and all costs of collection and reasonable attorney's fees if' incurred have Keen paid in full Said certificates shat] further recite sul>stalltlRll~ that the pi•oceechngs w•,th ieferenc•e to making the improvements have been ~•eg•ularl} had in comphancr~ with the: l,c~~ and t1~<,t <cll prerequisites to the fixing of the assessment lien against the property desc•rihed m such ~c~tt~ficate and t.i,e persona4 liability of the owners thereof have been performed and such recitals shall lie prima facie e~ iclcnc ~> „t' ;Il the matters recited ~n such certificates, and no further proof thereof shall be required in anv ri>u,•t. Said certificates may have coc.cpuns att~iched tlceretr, u~ e~ ide~x~e of each ,n any of the see era] installments thereof, or may have coupons for each of tl,e first. four installments, leaving' the main certificate to serve for the fifth installment, which coupons may be hay ai.~le io the Cit. of Furt fl orth ur its assigns mat -x. signed with the facsimile signatures of the t~'hwor and City Seu~etarv 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, 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 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 of 15.~~--~ APPROVED AS TO FORM AND LEGALITY i City ttorney PROJECT N0. 029-024306-00, BOWIE STREET, FROM LIPSCOMB STREET TO HEMPHILL STREET, to be improved by construction of seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a twenty-eight foot wide roadway. Six-inch thick concrete driveway will be constructed where specified as well as four foot wide concrete sidewalk on both sides of the street with wheelchair ramps at all intersections. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE SOUTH HEMPHILL HEIGHTS Francisca Ibarra 12 23 150.0' Side Lot. 2945 Lipscomb B 100.0' Pavement 7.30 730.00 Fort Worth, TX 76110 100.0' Curb & Gutter 8.20 820.00 1,550.00 r Felix Sosa 13 23 2944 Travis Avenue B Fort Worth, TX 76110 TRAVIS AVENUE INTERSECTS Travis Avenue Baptist 12 22 Church B 3041 Travis Avenue Fort Worth, TX 76110 150.0' Side Lot: 100.0' Pavement 7.30 730.00 95.0' Gutter Only 4.10 389.50 150.0' Side Lot. 100.0' Pavement 7.30 730.00 90.0' Curb & Gutter 8.20 738.00 124.0 Sq.Ft.Driveway 3.34 414.16 1,119.50 1,882.16 Marie Dryden 13 2944 Hemphill . F Fort Worth, TX 76110 22 (owner occupied credit) 150.0' Pavement 14.28 2,142.00 2,142,00 HEMPHILL STREET INTERSECTS SUBTOTAL THIS PAGE. -1- $ 6, 693.66 PROJECT N0. 029-024306-00, BOWIE STREET, FROM LIPSCOMB STREET TO HEMPHILL STREET, continued BLOCK OWNER IAT ZONING SOUTH SIDE Jawes L. Combs 23 & 31 322b Mt. Vernon 24 Fort Worth, TX 7b103 F FRONTAGE SOUTH HEMPHILL HEIGkiTS 150.0' Pavement 80.0' Gutter Only 124.0 Sq.Ft.Driveway RATE AMOUNT 21.25 3,187.50 4.10 328.00 3.34 414.16 ASSESSMENT 3,929.bb Travis Avenue Baptist 1 Church 3041 Travis Avenue Fort Worth, TX 76110 3011 Side. Lot: C/F 550.0' Pavement 545.0' Curb & Gutter 155.0 Sq.Ft.Driveway 155.0 Sq.Ft.Driveway 7.30 4,015.00 8.20 4,469.00 3.34 517.70 3.34 517.70 9, 519.40 SUBTOTAL THLS PAGE TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) TOTAL COST TO CITY OF FORT WORZYi TOTAL ESTIMATED CONSTRUCTION COST _2_ $ 13,449.06 $20,142.72 $207,086.88 $227,'129.60 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 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. 1 ,> GiTY MAdA(zER•.~! n~~®unriRlG~L I_ ~~/,,)..•+ DATE REFERENCE ~SUBJ~CT"ceicii.~ uco~~..6 -~~.•--.+~~•----- pAGE2 /` NUMBER aV ng and Drainage Improvement 1/3/84 G-5865 Bowie Street from Lipscomb to Hemphill l.of - On December 6, 1983 (M&C C-8118), the City Council declared the necessity for and ordered the improvements on Project No. 029-024-306-00, as described below. A construction contract was awarded to APAC-Texas, Inc., in the amount of $204,711.35, and 3anuary 3, 1984 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 20, 1983. Project Description Street Bowie Street Origin of Project Limits Lipscomb Avenue to Hemphill Street Roadway Wi r~th-Feet 28 Roadway Width-Feet 60 On June 21, 1982, the Transportation and Public Works Department received a pav- ing petition signed by the owners of 50% of the land adjacent to subject street, requesting the street be improved on the assessment basis. On October 12, 1982 (M&C G-5452), the City Council authorized the Director of Transportation and Public Works to design the project with in-house forces and advertise for bids. Improvements This segment of Bowie Street will be improved with 7-inch HMAC pavement, with concrete curb and gutter and driveway approaches. Four foot wide concrete side- . ~ walk will also be constructed on both sides of the street with wheelchair ramps at all intersections. Storm drain facilities will consist of 1,.362 feet of con- crete pipe and appurtenances. Assessments and Enhancements In accordance with Standard City Policy in effect at the time the paving peti- tion was received; cost to the adjacent owners by assessment is approximately $20,142.72. Cost to the City for construction is approximately $184,568.63 of which $69,344.63 is for street construction and $115,224.00 for storm drain con- struction, plus $22,518.25 (11%) engineering. Based on previous appraisals of like property and considering the improved access and drainage provided by continuous curb and gutter and other new storm drain facilities, it is the opinion of the Transportation and Public Works Department that each parcel of property being assessed will be enhanced in value by an amount equal to or more than the proposed assessment. t °~. DATE REFERENCE NUMBER SUBJECT Benefit Hearing -Assessment PAGE 1/3/84 G-5865 Paving and Drainage Improvement __ 2 _af~,___ Recommendation It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed.. DAI jz s APPROVED BY CITY COUNCIL aN 3 1984 ,t /~ ~~ / ~.. Cite Sec>:etazy a. ~i:e City of ~Oti Worthy ~exae SUBMITTED FORT CITY MANAGE 'S " DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING Gary Santerre ^ OTHER (DESCRIBE) DEPARTMENT HEAD• CITY SECRETARY TIONAL I Od A ll I S h D®~ED ~~~IN 1d NCE N0 ~a CONTACT e C m L ~ DATE. •