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HomeMy WebLinkAboutOrdinance 9218~~ ~ R ORDINANCE N0._~~~ _ ORDINANCE CLOSING HEARING AND LEVYING ASSE$SMENTS~FOR PART OF THE COST OF IMPROVING A PORTION OF_ _. r~EACxAM BouLEVaP~ ~ _ AND PORTIONS OF SUNDRY OTHER $TREET3, AVENUES AND PUBLIC PLACES IN THE ('ITY OF FORT WORTH, TEXAS: FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF: PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI- CATES IN EVIDENCE WHEREOF: RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED: DIRECTING THE CITY SECRETARY ~'0 EN- GR09$ 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 oP 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 MEACHAM BOULEVARD From=West Service Road of I-35hT-~to 765 Feet West known and (South Lane) designated as Project No. 029-036648-00, a seven-inch thick reinforced concrete pavement with 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 left-turn lanes and median opening will be constructed at a private entrance to the adjacent property Six-inch thick concrete driveway approaches 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 WALT WiLLTAMS 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 thel$t}~ day of September 19 84 ,,._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 that that protested that ---------___-- ----_. -__-- _protested that _ -------------~- -- -- __-.- --- _ -- --protested that - -- --- -- - - ---- -- -- -- - -- ---- - -- ----- --protested that _-___-_protested that .____protested that ~uut said hearing was continued to the present time in order to more fully accomplish the pw•poses thereof, and till desiring to be heard were given full and fair opportunity to be heard and the City Council of the City having 1'ullt considered all proper matter, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein or•der•ed BE IT ORDAINED BY THE CITY COLTN('IL OF THE CITY OF FORT WORTH, 7'I+:XA~+, 'PHAT I. laid hearing be and the same is hereby, closed and the said protest and ob,lections, and any and all other protests and olr•jeetions whether herein enumerated or• or not, be tend the same are herel.ty, overruled. II. '1'Ite Litt Council from the evidence finds that the assessments herein levied should be made and levied against the respec•ti~e ptu•rels of prupertt abutting upon the said portions of streets, avenues and public places and against the owners of sorb propertt, and that such assessments and charges are right and proper and are suhstttntially in proportion to the benefits to the respective parcels oi' propertt bt means of the improvements in the unit for wlrirh such assessments tu•e levied, and estabbsh substantial ,justice and equality and uniformitt between the respective owners of the respective properties, and between all parties concerned, cpnsidering 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 propertt bt means of the said improvements in the unit upon w hu•h the particular propertt abuts and fur ~ hic•h assessmet?t is levied and charge made, in a sum in excess of the said assessment and charge made against the same bt this ordinance, and further tincis that the apportion- ment of the cost of the improvements is in ac•rordance ttith the law in force in this City, and the proceedings of tl,e ('it.t heretofore htid ~~ith rel'erenc•c> to said rmprut^nurnts and is in till respects valid and regular III 'There shall be, and rs herein let led and assessed against the parcels of propertt herein below mentioned and against the real at?d true owners thereof' (tt nether such uti Hers be ccn•rectlt named hel•ein or not) the sums of money itemized belott opposite the description ot• the respectite parcels ot• propertt and the several amounts assessed against the same and the ottners thei•euf as far as sorb owners are l.nuwn 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. a} VII. The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in accordance with the proceedings of the City relating to said improvements and assessments thei•euf, and is less than the proportion of the cost allowed and permitted lay t}ie law in force in 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 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/oi• 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 evidencing the several sums assessed against the respective parcels of abutting prop- erty and the owners thereof, and the time and terms oi' 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, shall be issued 1}`= the Crt~ of Fart ~'i'orth Texas upon completion and accept- ance by the City of the mZproverrients in each unit of impro~ ement as the ti~oi 1. in such unit is completed and accepted, which certificates shall be executed by the ma~ur in the r;anie of the City and attested by the City Secretary, with the corpoi ate seal of the Crty impressed thereon curl shrill l,e pat able to the City of Fort Worth, or its assigns anti shall de~lai•e the said amounts, time and terms of },a~ meat rate of interest, and the date of the completion and acceptance of the improvements allotting upon such property for whicl~ tl,e certificate is issued, and shall contain t}ie name of the owner or owners if l.n~,~~ n desc r iptiun of the property Liy lot and block number or front feet thereon or such other descipiron as may utlrei•~~ise identify the same, and if the said property shall be owned by an estate, then the descr•iptiun of same as su u~~ned shall lie sufficient and no error or mistake in describing am property c,r in gi~in~• the Hanle of tl,f> o„nei shill imahdate of ui am~wise impair such certificate to the assessments lei red The certificates shall prop ide sulistantiall~ that if same shall nut hc> paid lirunipti~ upon maturity, then they shall he collet table with reasonable ~rtturne~ s fees and c~u~;i s .,f ~ ull~~c tu,n if incurred, and shall provide substantially that the amounts evicienc•ed tierel,~ shall be lard to the Assessor and Collect.oi of Taxes of the City of Fort ~~'orth 'Ie~as who shall issue his receipt therefoi ~t hrc i. sh ill ire e~ idenc•e of such payment on any demand for the same and the Assessorr :uul Corrector of Tapes ball deposit the sums so received by him forth- with with the City Treasui•ei to be Dept and held lip him in <,. separate fired and ~tihen ant p<tvment shall be made ir. the City the Assessor and Collector of. '1'axe u;ion such cei~lil~icate sha~~ll upon presentation to him of the certificate b~ the holder thereof endorse said pa~nient thtreut 1i such ce,titicate I~~e assigned then the holder thereof shall be entitled to receive from the C'rt~ Tieasurc>r the anr~.,~urc paid upon the presentation to him of such certificate so endorsed and credited and such endursenrc~nt arul r ~~~lit shall be the Treasurer's Warrant for nicking such pavnient. Such payments h~ the 't'reasurer shall !x' rc~cc,l tecl fur the holder of such certificate in writing and by surrender thereof then the ;~n•inc~pal f.>%•c•ths_r >.tiith ;.,cc ruec~l irtF>rest and all costs of collection and reasonable attorney's fees if• incurred have been p<ud in full Said certificates shall further recite substantially that the proceedings ~~ith reference to making the improvements have been reg•ularl~ had in compliance ~~ith the. lrc~, a,rcl that all prerequisites to the fixing of the assessment lien ri~•ainst the prolerty desc r•ibed in such ~ r~r ! rtic ate rncl t.~rc~ Berson>r! habiltt~ of the owners thereof. have been performed and such recitals shall 1>e prima facie e~ ulc n~•, ~,1• ;I1 tli<~ ru<itic~rti recited rn suc•h certificates, and no further proof thereof shall be requn•ed in any rirur•t Said certificates may have coupons attached ti,ei eUr ui e~ icleiue of eat it ,i any rrf• the see eral installments thereof, or may h~ ~ e couluins for eat h oi' the tii:;t four installments, leaving tli<~ main certrticate to serve for the fifth installment which coul~~ons mcv be pay ai.iie to the City of Fort ~'4 urth or its assigns may ire signed with the facsimile si;;natures of the :~~la~oi and ('its. ~ecretar~ 5~ '• 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 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 1g_~'~" APPROVED AS TO FORM AND LEGALITY Y Attorney ,a - - Mashy FILE~,1. Z ~ t~ of ~'®rt worth, `T'e.xas CITY•MANABEit•l ~ // ,~1/~ 1 ACCOUNTING 2 ,~~ lL~/ ~~ (~~~ ~j®~~lL/ (L~ ~®~~ 1(~1y~~lLi'L.W ~ (L®U TRANSPORTATIDN'PUBLIC WORKS-9 O// ~L DATE REFERENCE NUMBER SUBJECT Benefit Benefit Hearing - Meach m PAGE 9/18/84 G-6107 Boulevard (South Lane) Improvements 1 1 of On August 21, 1984 (M&C C-8546), the City Council de d ared the necessity for and ordered the improvements on Meacham Boulevard (South Lane), Protect No. 29-036648-00, as described below. A construction contract was awarded to Walt Williams Construction, Inc., in the amount of $174,378.20, and September 18, 1984, was set as the date for the benefit hearing. The adjacent property owner was notified of the hearing by certified mail on August 31, 1984. Project Description Roadway R.O.W . Street Limits Width-Feet Width-Feet Meacham West Service Road 1/2 of Double 120 Boulevard of I-35W to 765' 36' Roadway (South Lane) West w/28' Median Origin of Project On September 29, 1981 (M&C C-5903), the City Council authorized Community Facilities Agreement No. 11991 with I-35 North Investment Company for the development of Lot 1, Block 4, I-35 Business Park Addition. Included in the agreement is the assessment paving of the south one-half of Meacham Boulevard from the West Service Road of I-35W to 765 feet west. Improvements This segment of Meacham Boulevard will be improved with major thoroughfare grade concrete pavement with concrete curb and driveway approaches. Also included is a median opening with left turn lanes leading to private property. No storm drain facilities are included in this contract. Assessments and Enhan cements In accordance with Standard City Policy in effect at the time the Community Facilities Agreement was approved, cost to the developer (assessment) is approximately $79,745.32, which will be paid in five annual payments. Cost to the City for construction is approximately $94,732.88, plus $15,694.03 (9%) engineering. Based on previous appraisals of Iike undeveloped property, considering the improved access with the new pavement and curb, it is the opinion of the Department of Transportation and Public Works that the adjacent property will enhance in value by an amount equal to or more than the proposed assessment upon completion of the project and construction of the proposed new hotel. Recommendation: It is recommended that an ordinance be adopted closing the ben~'l~~~i~~ and levying the assessments as proposed. CITY COUNCIL DAI:dk ~ E P 18 i98~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. ROCESS BV (1FFICE BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) ----"'- DEPARTMENT HEAD• Gary- L, Santerre 9C Y SECRETARY FOR ADDIf10NAL INFORMATION CONTACT Odell Schmidt EXt 78'05 + GATE