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HomeMy WebLinkAboutOrdinance 9228•~ ~~ ORDINANCE NO. - ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _ ~~_ BOWIE BOULEVARD _ 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 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 filling same and by constructing thereon to-wit CAMP BOWIE BOULEVARD From Montgomery Street to 25 feet. East of Belle Place, known and designated as Project No. 30-025259-00, Unit I, to be reconstructed with two and one/fourth inch thick ~~ick pavers with seven-inch high concrete curb and two- foot wide concrete gutter on a six-inch thick reinforced concrete base, so that the finished roadway will basic- a11y consist of two twenty-six feet wide traffic lanes with atwenty-eight feet wide median with brick paver turn lanes and concrete median openings as specified. Existing deteriorated concrete driveway approaches and curb and gutter will be reconstructed where required. ~. _~ ,, ~,~ ~, 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 AUSTIN ROAD COMPANY 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?na-day of October 19 84 ~ 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 ted that ted that that protested that ted that - -----. --_--- _- ------__ -- _protested that ___ _--------------_- -- -- _. -- _ -- --protested that - -- -- -- ------- - - -- -- - -- ---- ------ -------protested that protested that __-- - - ---_-- .------- -_-_--- __--protested that ~• and said hearing was continued to the present time in or'det• to more fully accomplish the purposes thereof, and xll desiring to be heard were given full and fair opportunity to be heard and the City Council of the City having fully considered all proper matter, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered Nc)Vb 'I'I[1i:I:L:FOI'.1;: BE IT ORDAINED BY THE ('ITY COLTN('IL OF THE CITY OF FORT WORTH, T)F:NA~, 'THAT I. laid hearing I>e and the same is herebv, closed and the said protest and objections, and an,y and all other protests surd ob,ject.ions, whether herein enumerated or o- not, be and the same are hereby, overruled. II. The (.-tt Council i'rom the e~rdenc•e finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon the said purt-i,ns of streets, avenues and public places and against the owners of such pi•opert~, and that such assessments and charges are right and proper and are substantially in proportion to the benefits to the respective parcels of pr<,pert~ by means of the improvements in the unit for wl-ic h such assessments ~u•e levied, and establish substantial justice 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 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 which the partic•ul~u• property abuts and for ~hic•h 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 rust of the improvements is in ac•c•ordane•e ~tiith the law in force in this City, and the proceedings of the ('it.~ heretofore had ~~•ith reference to said impro~ ;~nurnts. and is in all respects valid and regular III. There shall be and is hereby lei red and assessed agauist the parcels of property herein below mentioned and against the real and true ow-Hers thereof (~~hethei such uHners be e•orrertl~ named herein or not) the sums of money itemised below opposite the description of the respective parcels ot• property and the several amounts assessed against the same and the owners thereof as fay 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 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. VII. The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in accordance with the proceedings of the Citv relating to said improvenic~nts and assessments thereof, and is less than the proportion of the cost allowed and permitted b} the law rn 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 nit be reduii°ed to issue credits, and will not do so, if same would result in any equity and/or un•lust 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. Fo.r 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, assignai.~le certificates in the prmcipa] amount of the respec•ti+e assessments less the amount of any re- spective credit allowed thereon shall be issued 1>y the City of Fort ~'l'urth Texas upon completion and accept- ance by the City of the improverrients m each unit of improvement as the ++rnl. rn such unit is completed and accepted, which ceriific•ates shall be executed bti the ma~ur in t.lie name of the Citv and attested by the City Secretary, with the corporate seal 01' the City impressed thereon and shall be pay able to the City of Fort Worth, or its assigns and shall declare the said amounts, time and ter ms ut' liayment rate of interest, and the date of the completion and acceptance ,if the improvements abutting upnn such prupert~~ for wliicl~ the certificate is issued, and shall contain the name of the owner or owners if l.n~~++n d~~sc r rptiun of the property by lot and block number or front feet thereon rn such other descipti.on as ma+ utl~er++ise identify the same, and if the said propei•t~ shall be owned by an estate then the description of s~u~ic: as su owned shall be sufficient and no error or mistake in describing am propert+ or in o•i+in.~• the name of thE~ „++nei shall in+alidate of ui anywise impair such certificate to the assessments le+ led The certificates shall provide substuntiall+ that if s<mie shall nut bc~ pain prumptl~ upon maturity, then they shall I,ie collet table v ith i•easunable attorney s fees ~u,d ,•u•:1, of ,•ullar tuni rf incurred and shall provide substantially that the amounts eyirlenced thei•eln :;hall be paid to the Assessui and Collector of Taxes of the City of Fort ~~'orth 'Cetias who shall issue his receipt therefor ++hic 1. sh ,iI 1>e evidence of such payment on any demand fur the same, and the Assessui and Collector of Tapes shtrll deposit she sums so received by him forth- with with the City Treasurer to be ]:ept :rnd Held liv hrm in ,separate fund anti +vhen any payment shall be made iri the City the Assessor and Collector of '1<ixes a xin stick r•PititiC ,te shall neon presentation to him of the certificate by the holder thereof endorse said pay ment t,hereot' li' sac ]i cerirfi<ate be assigned then the holder thereof shall be entitled to receive from the ('rtv '1'ieasurc~r the ,uu~>uiit paid upon the presentation to him of such certificate so endorsee] and c•rediteci and such endorsemc-nt ;.rnd i+~<lit shall be the Treasurer's Warrant for nicking such pavnient. such payments by the rl'leasurei shall l,r~ iecci; tecl fr i the holder of such certificate in writing and by surrender thereof' ++hen the principal f >~~etl ci v+ilh a,cruetl irtrrest: and al] costs of col]ection and i•easonalrle attorney's fees if incurred have Been li,ud in full Said certificates shall further recite substantially that the ln•oceedings ++•ith ieferenc•e to making the improvements have been i•et•ulail~ had 111 compliance y+ith the 1 ,~~ rind tl at all prc~rec7uisites to the fixing of the assessment hen an<unst the l~rolierty described in such <<~i i rile ate aid i i,e personal lialiilit~ of the owners thereof have Been performed and such recitals shall 1>e prima face ey icl< n~ ~> ~~f ;11 the ni.,tiers recited in such certificates, and nu further proof thereof sh:•ill tie i equn•ed in any court. Said certificates Wray hay e c•impons attached ti,ei eta ur ey i lent e u1' each ,i any of the several installments thereof, or may have coul~rons for each of the first four installments le~rvin~• the main cei•tific~~ite to serve for the fifth installment ~~ bleb coupons may he pay able to the City of Fort ~~ ort h rn its assigns may be..~igned with the facsimile signatures of the 1~'Iavor ant{ Cite ~eeretarv - :. 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 unite 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 irregularltiea, 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 110bb 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 Worti-, 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 of 1 APPROVED AS TO FORM AND LEGALITY r • ity Atto ney ~ r ~MAS tER FILE• 1 ACCOUNTIN6.2 /~\~///~~/?//~/y/,~ /~-~ ~~p/7// ~•~/ TRANSPORTATION~PU6liC~Y?~Rt~/~~®~ ~U ((il(,~V ~/®~~~~~j ~®~~~~~~// //,~~Jf ®~ FINANCE 1 e~ ~anv11VV ~Y DATE REFERENCE I SUBJECT Benefit Hearing - Camp Bowie PAGE NUMBER 10/2/84 G-6121 I Boulevard Improvements from 2 Mont omen Street to Belle Plac 1os On September 4, 1984 (M&C C-8575), the City Council declared the necessity for and ordered the improvements on Camp Bowie Boulevard, Unit I, Project No. 30-025259-00, as described below. A construction contract was awarded to Austin Road Company in the amount of $1,434,005.21, and October 2, 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 14, 1984. Pro ect_Description Roadway R.O.W. Street Limits Width-Feet Width Feet Camp Bowie Boulevard Montgomery Street 2 - 26' Lanes 100 Unit I to 25' East of W/28' Median Belle Place Origin of Project On May 22, 1982, the citizens of Fort Worth approved a proposed Capital Improve- ments Program for 1982-84 and on October 19, 1982 (MSC G-5417 - Revised), the City Council allotted funds for specific projects for the 1982-83 program. In- cluded therein is the improvement of Camp Bowie Boulevard from Montgomery Street to I-30. This project is the first phase of the overall improvement. Improvements This segment of Camp Bowie Boulevard will be improved by removing and salvaging the existing undamaged brick pavers, removing the concrete and asphalt surface, repairing the existing concrete base as required and replacing the entire sur- face with brick pavers. Ian. order to have sufficient bricks to cover the entire traffic lanes on Camp Bow~:e Boulevard, tine existing brick surface will be re- moved from East Vickery Boulevard from Bessie Street to I-35W (South Freeway) and will be replaced with a new hot-mix asphaltic concrete surface. In addition to the above improvements, deteriorated concrete curb and gutter, driveway ap- proaches, sidewal~~s and median openings on Camp Bowie Boulevard will be re- placed. Project Cost and Financing In accordance with the City's current Standard Assessment Policy for reconstruc- tion of streets and the low bid unit prices, the proposed assessment against ad- jacent properties is $375,916.42. Cost to the City for construction is approximately $1,058,088.79, plus $71,700.26 (Sy) engineering. t -. , `~. ~- .G.i: a DATE REFERENCE SUBJECT Benefit Hearing -Camp Bowie PAGE NUMBER Boulevard Improvements from 2 2 10/2/84 G-6121 _ Montgomery Street to Belle Place °t -~ Based on the restored historical character of the street surface with improved curb and gutter and sidewalk and the aesthetic value to adjacent properties, it is the opinion of the Director 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. Recommendation It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed. DAI:dk APPRO'JED 8Y CITY COUNCi~ SUBMITTED FOR THE CITY MANAGER'S rn ~ A OFFICE BY / l (~ ORIGINATING DEPARTMENT HEAD• Gary L. Santerre FOR ADDITIONAL INFORMATION CONTACT Odell S~hmi~lt- Citp Seczeinzy of the City of Pot ~al~a~: ~,~ DISPOSITION BY COUNCIL. PROCESSED BY [] APPROVED ~. ; OTHER (DESCRIBE) Adopted ©rdinance -vo.1 GATE SECRETARY