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HomeMy WebLinkAboutOrdinance 9120 ORDINANCE NOS 7 ~O3!~ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _. BRYANT-YRVIN ROAD _ 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 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 E1V'ROLL 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 oP streets, avenues and public places in the City of Fort Worth, Texas, be improved by raising, grading, or fliling same and by constructing thereon to-wit: BRYANT-IRVIN ROAD From 175 feet south of Bryan,.I:enderson Road to 292 feet north of Bellaire Drive South, known and des- (WEST LANE) ignated as Proiect No. 030-023188-00. A seven-inch thick reinforced concrete pavement with seven-inch high monolithic curb on an eight-inch thick lime stabilized subgrade, so that the finished traffic lane will be thirty-six feet wide. Reinforced con- crete median openings with turn lanes and concrete driveway approaches will be constructed where spec- ified. 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 J . L . BERTRAM CONSTRUCTION AND ENGINEERING. 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 12th day of June A 19_x, 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 protested that _protested that that 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 1'ull~ 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 ti()Vb' 'I'I[I~;ItI:F()RL: I3E IT ORDAINED BY THE ('ITY COL?N('IL OF THE CITY OF FORT WORTH, 1'F:~A~, 'T'HAT I. tiaid hearing Ire and the same is hereby, closed and the said protest and objections, and an•y and all other protests and objections, whethe- herein enumerated or or not be and the same are het•eby, overruled. I1. The (.its Council i'rom the ev-dence finds that the assessments herein levied should lre made and levied against the 1'('tiIDE>('t1VE' t~arcels of t-ropert~ abutting upon the said porti~rns of streets, avenues and public places and against the owners of such property, and that such assessments and charges are right and prope- and are substantially in proportion to the benefits to the respective parcels of properh by means of the improvements in the unit for whu•h such assessments are levied and establish substantial justice and equality and uniformity between the respective owners of the respective propertres, ttnd between all parties concerned, considering the benefits -•eceived and burdens imposed, and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said properh b~ means of the said improvements in the unit upon vtihich the p<u•tic•ular properh abuts and fur ~hic•h assessment is levied rtnd ehtuge made, in a sum in excess of the said assessment ttnd c•ha-•ge made agr(inst the same b~ this ordinance and further finds that the apportion- ment of the cost of the improvements is in ac•cordanE•e ~tirth the law in forE•e in this City, and the proceedings of the ('it.~ hc>retofore had ~~ith reference to card improv%nrents and is rn all respects valid and regular III There shall be, and is hereby lei red ~tnd assessed 2lgalttst the parcels of Lrropert~ herein below mentioned, and against the real and true o~ Hers thereof (~ti Nether such o~ Hers be E•orrectl~ named herein or not) the sums of money itemised beloti opposrte the description of the respec tip e parcels ot• properh and the several amounts assessed against. the same uncl the owners thereof as far as such owners <t-•e known berng as follows 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. 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 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 def ault 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 VII. The total amount assessed against the respective parcels of abutting property, <.rnd the owners thereof, is in 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 force in tiie 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/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 evidencing the several sums assessed against the respective liarcels of abutting prop- erty and the owners thereof, and the time and terms of pavment, and to aid in the enforcement and collection thereof, assignable certificates in the principal amount of the respectit e assessments less the amount of any re- spective credit allowed thereon, shall be issued by the Citt of Fort «'orth Texas, upon completion and accept- ance by the City of the improvements in each unit of improt ement as the wog 1. in such unit is completed and accepted, which certificates shall be executed by the mayor in tl,e name of• the City and attested by the City Secretary, with the corporate seal of the City in-pressed thereon and ~ha11 be parable to the City of Fort Worth, or its assigns and shall declare the said amounts, time and terms ot• pat ment rate of interest, and the date of the completion and acceptance of the improvements abutting upon such property for which the certificate is issued, and shall contain the name of the owner rn• owners, if l:nnti n cles< riptiun of the property by lot and block number, or front feet thereon, of such other desciption as mat utl~trtt ise identify the same, and if the said pi•opertt shall he owned by an estate, then the description of same as so utt Heil shall be softie°ient and no error or mistake in describing ant property or in giyino• the name of the ntt nei sh~:rll int alidate of in anywise impair such certificate to the assessments let led The certificates shall prof ide substantiallt that il• same shall nut be paid prumptlt upon maturity, then then shall be eallec table, with reasonable attornet s fees <uid c „>;i s of < cillec tine if inetn•red, and shall provide substantially that the amounts evidenced thei•eht shall he paid to the Assessui and Collector of Taxes of the City of Fort ~'t'orth, Texas who shall issue his receipt therefni, tthic•li sh<rll be evidence of such pavment on any demand foi the same, and the Assessor and ("oilectrn• of Tapes shall deposit she sums so received by him forth- with with the Citt Treas>.irer to 1>e kept and held lip him in <,. separate fund and tthen ant payment shall be made in the Citt the Assessor and Collector of 'l'azes upon such c•crtificate shall upon presentation to him of the certificate bt the holder thereof endorse said pat me>nt thc~}•eni' if' suc•li certificate be assigned then the holder thereof shall lie entitled to rec•eit.e from the City Tieasiu•nr the amu,.uit paid upon the pi°esentation to him of such certificate so endorsed and credited, and such endoi•seniF•nt and i{>rlit shall be the Treasurer's Warrant for nicking such payment Such payments bt the '['reasurei shall !ie reccipied for the holder of such certificate in writing and by surrender thereof tthen the i rinripal tu;~•etl~cr ttith ~,~crued into>rest. and all costs of collection and reasonable attorneys fees il• rncuri•ed hate Been paid in full Said certificates shall further recite substantiallt that the proceedings with reference to making the improvements hat-e been reC•ularlt had in compliance ttilh the l.c~., and tli<it all prerequisites to the fixing of the assessment lien against the property described in such ~c>i•t.ificate uid i.ie person~rl liabilitt of the owners thereof hate been performed and such recital; shall 1>e prima facie eticlcnc~ n1• ill the m~rtierti recited in such certificates, and no further proof thereof shall be required ur ~rnv court. Said certificates mar hate c•oupuns attached thereto in ev idenc e of c~a< h ,i ant cif the several installments thereof, or mat hat e coupons for each of the first four installments, lest in~~ the main c•erti(icate to serve for the fifth installment which coupons may be pat al.ile to the Citt of Furt ~'l orth or its assigns may lie signed with the facsimile signatures of the lbiayoi and City Secretary x,~ _ - ~r 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, invalidities 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 1 APPROVED AS TO FORM AND LEGALITY ~nA City Attorney MASfEl1 F+LE 1 ~~ A,G ~~ ~~ty lob' 1~~~~°t ~®~°th, ~"~:~~~ CITY MANAGER 1 ACCOUN7ING•2 ~ /l/ ,fy/ X11 /J®~-Y° ~7J ~1/11 ,f l/ ~®~ll // ~~1~/j // ~®~~]yD~11 (Li1L~~,t/l,t/7/ lLi~®~jy11 TRAMSPORTATiOn~PU6LIC .WORKS••~+ // 1(,Iji (/ ~IL,(V 1(it1/ l~/ ((i((~ l/ 11 ((~ (~,il(,1(i l/ 1(i WATER ADMIN PLANNING.1 REAL PROPERT h 17®A7'BiN 4 - REFERENCE SUBJECIBeneflt Hearing - Construction PAGE NUMBER Of Bryant-Irvin Road (West Lane) 2 6/12/84 G-6015 Adjacent to City of,Benbrook lof On May 15, 1984 (M&C C-8380), the City Council declared the necessity for and ordered the improvements on Bryant-Irvin Road (west lane), Project No. 30-023-188-00, as described below. A construction contract was awarded to J. L. Bertram Construction and Engineeirng, Inc., in the amount of $266,426.20, and June 12, 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 May 25, 1984. Project Description Roadway R.O.W. Street Limits Width-Feet Width-Feet Bryant-Irvin 175' So. of 1 of 2 120 Road (West Lane) Bryan Henderson 36' Roadway Rd. to 292' No. W/28' Median of Bellaire Dr. So. Origin of Project .Bryant-Irvin Road was improved in 1982 under the Urban Systems Program as a double 36' wide roadway from SH183 north to approximately Bryan Henderson Road; continued as a single 36' wide roadway (east lane) to Bellaire Drive South, and a single 26' wide roadway to the Trinity River Bridge, which is 26' wide. The property along the west side of Bryant-Irvin Road and south of Bellaire Drive South all within the corporate limits of the City of Benbrook is now being developed and an extension of the west lane is required to provide access. The City of Benbrook has agreed to provide funds for the cost of the west lane from the existing pavement to Bellaire Drive South (City Limit Line), with the City of Fort Worth providing for the intersection improvements at Bellaire Drive South and a short segment northward. mprovements he west lane of Bryant-Irvin Road, as described above, will be improved with ajor thoroughfare concrete pavement and concrete curb with median openings and urn-lanes as well as concrete driveway approaches, where required, to match the xisting east lane. Storm drain improvements will consist of two inlets and ie-ins. ssessments and'Enhaneements n March 15, 1984, the City Council of the City of .Benbrook adopted Resolution o. 84-02, authorizing the City of Fort Worth to assess abutting Benbrook pro- erty owners in accordance with the City of Fort Worth's Standard Assessment awing Policy and State Statute 1105b of Vernon's Annotated Civil Statutes. ccordingly, the assessment against the four Benbrook property owners is 103,409.13. Cost to the one City of Fort Worth property owner is $16,572.94. DATE REFERENCE SUBJECT Benefit Hearing - Construction i6AGE ~~+ NUMBER of Bryant-Irvin Road (West Lane) 2 2 6/12/84 G-6015 Adjacent to City of Benbrook ----or___ Upon closing of the Benefit Hearing and the levying of the assessments'by the City Council, an ordinance ratifying the Benbrook property owners assessments, which has been prepared by the Department of Law, will be delivered to the City of Benbrook for action by the City of Benbrook City Council as required by State Law. Cost to the City of Benbrook-at-large for construction is $68,785.14, which has been received and deposited in the project account. Cost to the City of Fort Worth-at-large for construction is $77,658.99, plus $23,978.36 (9%) construction engineering. Based on previous appraisals of like property, considering the improved full ac- cess 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. Recommendation it is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed. DAI:de SUBMITTED FOR THE CITY MANAGER'S OFFICE BY Cc, aPPROV~a ~~ c~r~ couNC~~ JUN 12 1984 c~ip se~etQ~, ~f ~e ~~~~ PROCESSED BY ORIGINATING DEPARTMENT HEAD• Gary L Santerr ...,,;';,~ITION BY COUNCIL. ^ APPROVED ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATION A+~opted Or~i~ance fro. ~~`•' CONTACT nd ~ ~ S~hmi rl t Fxt ~RnS DATE