HomeMy WebLinkAboutOrdinance 9225ORDINANCE N0. ~-~~?~ -
ORDINANCE CLOSING HEARING AND LEVYING' ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_ _. coLUMBUS TRAIL _
AND PORTIONS OF SUNDRY OTHER $TREET9, 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 A99E99MENT9 AND THE ISSiJANCE 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 7'0 EN-
GR099 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 RAID 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, gradin8;,
or filling same and by constructing thereon to-wit
COLUMBUS TRAIL From the West Property Line of Lot 48, Block 21, The Meadows
~'' Addition, Phase II, to the East Property Line of Lot 28, Block
19, The Meadows Addition, Phase II, known and designated as
Project No. 21-036789-00, a seven-inch thick hot-mix asphaltic
concrete pavement with seven-inch high concrete curb and eight=
teen-inch wide concrete gutter on a six-inch thick lime stab-
ilized subgrade, so that the finished roadway will be forty-
feet wide.
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 25th_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 a.t
such hearing the following protests and objections were made, to-wit
ted that
ted that
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
1'ull~ 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 COITN('IL OF THE CITY OF FORT WORTH,
TI':XAS, THAT
I.
Said hearin~• be and the same is herebv, closed and the said protest and objections, and any and all other
Irrotests and objections whether herein enumerated or or not, be and the same are hereby, overruled.
II.
The (.its Council from the e~.idence finds that the assessments hereur levied should be made and leviied
against the respec•ti~e parcels of prupert~ abutting upon the stud portrons of Streets, avenues and public places
and against the owners of such pt•opert~, and that such assessments and charges are right and proper and are
substantially in proportion to the benefits to the respective parcels of property by means of the improvements
in the unit for which such assessments are levied, and establrsh substantial justice and equality and uniformity
between the respective owners of the respectne propert-es and between all parties concerned, considering the
benefits received and burdens imposed, and further finds that jn eac•h case -the at~utting property assessed is
specially benefited in enhanced value to the said property b~ mums of the said improvements in the unit upon
which the partrc•ular property abuts and for tihrch assessment is levied and charge made, in a sum in excess of
the said assessment and charge made ag<unst the same b~ this ordinance and further finds that the apportion-
ment of the cost of the improvements is in aecordanc•e ~~ith the law in force rn this City, and the proceedings of
the Cit. heretofore had ~~ith reference to said rmprm~~nunts and is in all respects valid and regular
III
There shall be and is hereh~ lei red and assessed against the parcels crf property herein below mentioned,
and against the real and true owners thereof (~tihether such oHn~rs be c•ori•ec•tl~ named herein or not) the sums of
money itemized below opposite tiro descriptwn of the respective parcels of property and the several amounts
assessed <rgarnst the Sartre and the owners thereof as far as such owners 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 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
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-
indiction, 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 property, and the owners thereof, rs
in accordance with the proceedings of the City relating to said improvements and assessments thereof, and is
less than the proportion ~f the cost allowed and permitted by the law ,n force uz 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 he required to issue credits, and will not do so,
if same wotald result in any equity and/or un,lust discriminatron
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 evrdenc•rng the several sums assessed agarnst the respective lrarcels of abutting prop-
erty and the owners thereof, and the time and terms of pavment, and to aid in the enforcement and collection
thereof, assignal.~le certificates in the principal amount of the respectrt e assessments less the amount of any r~e-
spective credit allowed thereon, shall be issued by the City of Fort ~'t'orth Texas, upon completion and accept-
ance by the City of the improt,en,ents in each unrt of improt ement as the war 1, in such unit is completed acrd
accepted which certificates shall be executed by the motor rn the Hanle of the Crty and attested by the City
Secretary, with the corporate seal of the Crty rn,ln•essed thereon, and shall he pat able to the City of Fort Worth,
or its assigns anti shall de~lar•e the said amounts time and ter m~ of tr<zt•ment rate of interest, and the date of
the completion and acceptance of the rmprovements abutting upon such property for which tI,N certificate :is
issued, and sha11 contain the name of the owner or owners rf l:n~+w ri dr~sr r rptrun of the property by lot and block
number oi• front feet thereon or such other desciptron as mist otl~erwrse rdentifv the same, and if the said
property shall be owned by an estate, then the deser•iption of same as sU uwnecl shall be sutlicrent and no error or
mistake in descril.ring ant laropert t c.r in grt ir.~• the name of th+~ ow Her shr.rll rnt alidate of in any wise impair
such certificate to the assessments let,ed
The certificates shall prat ide sulastuntialit that rt' sanrr~ shall not l,c paid prunrptl~ upon maturity, then
they shall 1>e collectable w•itih reasonable attornc>t s fees uu] ro•;t s of rull~ c tom if recurred, and shall provide
substantialit that the amounts evrc}enc•ed therebt shall be pa,d to thr~ Assessor and Collector of Taxes of the
City of Fort ~~'orth Texas who shall issue hrs receipt therefor tt h,(l~ sh~rll lre c>t rdence of such payment on anq
demand for the same, and the Assessor and Collector of Taxes shall deposit the sums so received by him forth-
with with the Crtt Treasurer to be kept and held Irt him rn <,. separate fund and when any pavment shall be
made it the City the Assessor and Collector of 'faxes u;x~n such r r~r t. rficate shall upon ln•esentation to him of
the certrfcate bt the holder thereof endorse card payment thc~reot' ii such certrticate be assigned then the holder
thereof shall 1>e entitled to rec•eit e from the Crtt Tr easurr~r the <rn,ui,u± p.tid upon the presentation to him of
such certificate so endorsed and credited, and such endorsenrcnt and ,+`riit shall be the Treasurer's Warrant for
making such pavment Such payments bt the ~['reasurer shall !rr• ,etc,l tecl t'r,r the holder of such certificate in
writing and by surrender thereof' ulten the princ;lr<rl i >~~etl cr ttrth ~,c c rued int(>rest. and all costs of collection
and reasonable attorneys fees rf incurred hate ber.>n p ud in full
Said certificates shall further recite substantiallt that the procee+lings ttrth reference to making the
impro~ ements have been i•egulai 11 bud irr complianct> tt rth the 1 ct~ :z,rd tl <, i all pr creqursites to the fixing of the
assessment lien agarnst the proterty desc•rrbed rn sorb c•c~~r tiiic at~~ uul t.~,e personal liabilitti of the owners thereoff
have been performed and such recitals shall 1>e prrn,a facia et idr n(+, +,,• ;11 tfir> m~,tiers recited rn suc•h certificates.
and no further }goof thereof sh;zil lie required in ant court
Said certificates mat have coupons attached ti,ereto ur e~ r lent e of each ,r ant of the see ez•al instal}men~ts
thereof, or mat h~z~ e coupons for eat 1, of• tl~e fu•st i'our rnstallments, ie~rvrn~~ the morn ter titic ate to serve for the
fifth installment which coo}eons may be pay aisle to the Citt of Fort ~'l oath or its ~issigns mat lie. signed with the
facsimile signatures of the i~~lator and (.',rtv 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-
atantially in accordance with the above and other additional recitals pertinent or appropriate thereof, anal 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 premi~~es
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 asse~as-
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 1105b 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 sarne
in the Minute Book of the City Council of Fort Wortii, Texas, and by filing the complete Ordinance in the appY~o-
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 o 19.L~
APPROVED AS TO FORM AND LEGALITY
Y tt0lR8y
PROJECT N0._21-036789-00, COLUMBUS TRAIL, FROM THE WEST PROPERTY LINE OF LOT 48, BLOQC 21, THE MEADO{,IS
ADDITION, PHASE II, TO THE EAST PROPERTY LINE OF LOT 28, BLOC{C 19, THE MEADOWS ADDITION, PHASE II, tai be
improved by constructing a seven-inch thick hot-mix asphaltic concrete pavement with seven-inch high
concrete curb and eighteen-inch wide concrete gutter on a six-inch thick lime stabilized subgrade, say
that the finished roadway will be forty-feet wide.
OWNER
NORTH SIDE
BIAC~C
LOT ZONING FRONTAGE
RATE AMOUNT ASSESSMENT
THE MEADOWS ADDITION, PHASE II
Horton 6 Tomnitz, Inc. The first 300-feet in depth adjacent to the north side
4200 South Hulen St. of Columbus Trail, of that certain tract or parcel of
Suite 428 land out of The Meadows Addition, Phase II, fran the west
Fort Worth, TX 76019 property line of Lot 48, Block 21, eastward to the east
property line of Lot 28, Block 19, situated in the City
of Fort Worth, Tarrant County, Texas, zoned residential
and recorded in Volume 388-173, Page 13, in Tarrant
County, Texas Deed Records.
SOUTH SIDE
W. Coulsting W.1394.9'
8200 W. Cleburne Rd. Tract 4
Fort Worth, 1X 76133 Vol. 2804
P. 479
Unzoned
2231.12' Pavement $27.54 $61,445.04
2231.12' Curb & Gutter 7.25 16,175.62
Pre-paid 8-10-84 $77,620.66
I. FLORES SURVEY - ABSTRACT N0. A507
1394.9' pavement 31.37 43,758.01
1394.9' curb & gutter 7.25 10,113.03
53,871.04
E-System Pool Trust E.836.22'
Attn: Wm. B. Strange Tract lA
P.O. Box 660248 Vol. 7778
6250 LBJ Freeway P.77-113
Dallas, TX 75266 R-1, Res.
PUERTA iIERRA IRRAGATION CO. SURVEY-ABSTRACT N0. 1831
836.22' pavement 31.37 26,232.22
836.22' curb &gutter 7.25 6,062.60
32,294.82
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS)
TOTAL COST TO CITY OF FORT WORTH
TOTAL ESTIMATED CONSTRUCTION COST
$163,786.52
$34,212.23
$197,998..75
-1-
V MASfEtR~JLE~p•~,
{~ .a
CITY MANAGERS' 1 ~,/Z(~{.~ Of ~or~ worth, ~exc~~
TRANSPARTAT ON~PUBLIC w~~~~~~ aid ~®a~~~,~a~ ~®~v,~,a~~a~~~a®~~
GATE REFERENCE SUBJECT Benefit Hearing -Assessment PAGE
9/25%84 NUMBER
G-6109 Paving of Columbus Trail at the 1
1 af~
Meadows Phase II
On August 28, 1984 (M&C C-8557), the City Council declared the necessity for
and ordered the improvements on Columbus Trail, Project No. 21-036789-00, as
described below. A construction contract was awarded to APAC-Texas, Inc., in
the amount of $185,045.75, and September 25, 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 September 7, 1984.
Origin of Project
On May 22, 1984 (MSC C-8391), the City Council approved Community Faciliites
Agreement No. 13821 with Horton ~ Tomnitz, Inc., for the development of Blocks
19-32, the Meadows Addition, Phase II. In eluded in the agreement is the
assessment paving of the above segment of Columbus Trail as a border street to
the development.
Improvements
`This segment of Columbus Trail will be improved with 7" hot-mix asphaltic:
concrete pavement with concrete curb and gutter. Required storm drain
facilities are included in a separate contract let by the developer with City
participation.
Assessments and Enhancements
In accordance with Standard City Policy and the iow bid, the proposed
assessment against adjacent properties is $163,786.51 of which $77,620.66 is
against the developer's property and $86,165.85 against the property on the
opposite side of the street. In accordan ce with Community Facilities Agreement
No. 13821, the developer paid his portion of the above cost on August 10, 1984,
and it has been deposited in the project account.
Cost to the City for construction is approximately $21,259.24, plus $12,953.20
(7X) engineering.
Based on previous appraisals of like property and considering the improved!
access with new pavement and continuous curb and gutter with improved 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 project. ~~
Re commendation
~e~~~Dh~ring and
It is recommended that an ordinance be adopted dosing the
A
levying the assessments as proposed. ii E
CITY COU(VCIL
DAI:xmc `
E P 25 t984
S
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SUBMITTED FOR THE ^~~ , _
CITY MANAGER'S /,,,///J ~/ /~. DISPOSITION BY CmTlt{iCl#:FOXt W~~y
[] APPROVED PROCESSED B'Y
ORIGINATING ^ OTNER ;pESCRIBE)
DEPARTMENT MEAD: Gary L. Santerre CITY SECRE7AR1
_
FOR ADOI~IONAL INFORMATION
colvrncT Odell Schmidt Ext 7805; Acio ted Ordinance No.
~
DATE