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HomeMy WebLinkAboutOrdinance 9141;~. j v r ORDINANCE N0.-~~~~ /- ~. ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _ NoxTH RIVERCREST DRIVE _.. ___ 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 TIDE 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 Rlling same and by constructing thereon to-wit NORTH RIVERCREST DRIVE From Hazelwood Drive -North to Cul-De-Sac, known and designated as Project No. 029-040110-00, a five- (UNIT II) 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, so that the finished roadway will be thirty- feet wide. Six-inch thick concrete driveway approaches will be conctructed where specified. ~. ~. ~' ~;. ~ , l'j S 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 SRO Asphalt, 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 3rd-day of Jul 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 that that that protested 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'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 ordered BE IT ORDAINED BY THE CITY COiTN('IL OF THE CITY O)H' FORT WORTH, T)F:XAti, 'THAT I. laid heating be, and the same is hereby, closed and the said protest and oh•tertions, and any and all otlher protests and ob•jert.ions, whether herein emrmerated or or not, be alld thE' same are hereby, ovet•ruled. II. The lit Council from the evidence find, that the assessments herein levied should be m~.tde and levied against the respective parcels of prupert~ abutting upon the said portiims of streets, avenues and public places and against the owners of such property, and that sorb assessments and charges are right and proper and are substantially in proportion to the benefits to the respective parcels of property b~ means of the improvements in the unit for which such assessments are levied and establish substa-rtial ;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 partirul~tr property abuts and for ti hick assessment is leered and charge made, in a scam 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 accordance ~tirth the law in force m this Crty, and the proceedings of the ('it.~ heretofore had ~~ ith reference to said impro~ :~nrents and is in all respects valid and regular III There shall be, and is hereby lei ied and assessed agaitrst the parcels of property herein below mentioned, and against the real and true oti Hers thereof (~ti hether such oN Hers Ire rorrec•tl~ named herein or not) the sum:; of money itemised below opposite the desc•ripturn of the respec tip e parcels of property zrnd the several amounts assessed a~aimt. the same and the owner. thereof as far as ,uc•h owners are lmown 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 shal]L 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- 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 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 the City VIII. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts her•einabove 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 anv equity and/or unjust 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 evidencing the several sums assessed against the. respective parcels of alutting prop- erty and the owners thereof, and the time and ter°ms oi' payment, and to aid in the enforcement and collection thereof, assignable certificates in the principal amount of the respectr~ e assessments less the amount of any re- spective credit allowed thereon, shall be issued by the City of Fort «'orth Texas upon completion and accept- ance try the City. of the improvements rn each unit of rmpro~ ement as the wor 1. m such unit is completed and accepted, which certificates shall be executed by the ma~ur in the r;anre of the City and attested by the City Secretary, with the corporate seal of the City imlrressed thereon and shall he payable to the City of Fort Worth, or its assigns, and shall declare the said amounts time and terms ol• pay ment rate of interest, and the date of the completion and acceptance of the improvements abutting upon such prul.rert~~ for which the certificate is issued, and shall contain the name of the owner m• owners rf l.nntti n description of the property by lot and block number or front feet thereon, or such other desciptron as may other~rse identify the same, and if the said property shall be owned by an estate, then the desc•riptiun of same as su u~~ned shall be suHicrent and no error or mistake in descriiring any property or in giyin~• the name of the o~~ner sh.:dl invalidate or in anywise impair such certificate to the assessments lei fed The certificates shall prop ide substantially that if same shall not 1>a paid promptly upon maturity, then they shall he callec•table with reasonable attorney s fees ~uul c•u>;ts .,f ,•ollectron if incurred, and shall provide substantially that the amounts eyi,lenced therel~~ shall be paid to the Assessor and Collector of Taxes of the City of Fort Worth, Texas who snail issue his receipt therefor «hrch sh,rll be .et idenee of such payment on any demand for the same, and the Assessor and Collector of Taxes shall deposit. ~hc: sums so received by him forth- with with the City Treasurer to be kept and held b~ him rn ~,, separate fiend anti when any payment shall be made in the City the Assessor and Coliec•tm• of 'faxes upon suc I~ ~ ert rticate shall upon presentation to him of the certifcate b~ the holder thereof endorse said pay ment the~r•euf' 11' suc li certrtic•ate be assigned then the holder thereof shall be entitled to receive from the ('rte Treasures the anrutrnt paid upon the presentation to him of such certificate so endorsed and credited, and such endorsemE-nt ..end r,~~lit shall be the t'reasurer's Warrant for making such payment Such payments b~ the Treasures shall !,e recerpted fur the holdel• of such certificate in writing and by surrender thereof' ~Lhen the principal to~r~ethes ~tiith <sccrued intf~rest. and all costs of collection and reasonable attorney's fees if' incurred have been Irasd in full Said certificates shall further rec•ste substantially that the ps oc°ee,~lnrgs ~~ stn reference to making the improvements have been re~•ularlti had in compliance ~ti ith the 1„~~ and that all prerequisites to the fixing of the assessment lien against the property descril,ed sn such certificate and i.l,e persan~sl habilit~ of the owners thereof have been performed and such recitals shall lie prrn~ra facie e~ ule nc«~ e,f ill the matters rented in sorb certificates, and no further proof thereof shall be required m anv court Said certificates may have conpuns attached tlrei eto ur e~ idence of each n any of the several installmeTrts thereof, or may have coupons for each of the first. four installments, lea~in~~ the main ces•ti(scate to serge for the fifth installment. which coupons rnav be pay al.ile to the C;t~ of• Fcn•t ~~ orth, os its assigns may 1>e signed with the facsimile sign<rtures of the ;\'Iavor and City Secretary '^'~ ,c . 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 :L06 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 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. ~~jj~~ ,~,,,,// 0 18~ PASSED AND APPROVED this__5~!~day f APPROVED AS TO FORM AND LEGALITY ' a y Attorney .. ~ PROJECT N0. 029-04011.0-00, UNIT Ii, NORTH RIVERCREST DRIVE FROM HAZLEWOOD DRIVE - NORTH TO CUL-DE-SAC, to be improved by construction of five-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb acrd eighteen-inch wide concrete gutter on a six-inch thick lime stabili2ed ~bgrade, eo that the finished roadway will be thirty-feet wide. Six-inch thick concrete driveway approacta~e wild be c~structed where specified. BLOCK OWNER IAT 7ANING WEST SIDE Frank A. Batley, III 27 1 101 N. Rivercreat Dr. A Fort Worth, TK 7,6107 Ted B. Bevan 26 1 107 N. Rivercrest Dr. A Fort Worth, TX 76107 Robert C. Grable 25 1 109 N. Rivercrest Dr. A Fort Worth, 7X 76107 Joan Mann Butler 24 1 115 N. Rivercrest Dr. A Fort Worth, TX 76107 FRONTAGE RATE AMOUNT ASSESSMENT _,..,,.w.,~.,._.~ RIVERVIEW ESTATE 150.8' ad~ueted to: converging lot 138.0' pavement 7.07 975.66 ,, P'1 975.66 SUBTOTAL THIS PAGE 110.0' pavement 7.07 777.70 777.70 90.0' pavement 7.07 636.30 636.30 75.0' pavement 7.07 530.25 1 53f1.25 $ 2~919.~1 -1- ~. PROJECT N0. 029-040110-00, UNIT II, ,NORTH RIVERCREST DRIVE FEtOM HAZELWOOD DRIVE - NORTH TO CUL-DE-SAC cont. BLACK OWNER Ulf ZONING FRONTAGE RATE AMOtJNP ASSESSI~NT WEST SIDE RIVERVIEW ESTATE Jane E. Jary 23 & 1 93.0' pavement 7.07 657.51 201 N. Rivercrest Dr. S20' A 8nrt Worth, TX 76107 of 22 657.51 ~~ { ~. J. R. Neil S20' 1 205 Rivercrest Dr. of A Fort Worth, TX 76107 21 6 N57' of 22 77.0' 7.07 544.39 Dorothy Duringer Gwyne S46' 1 211 N. Rivercrest Dr. of A Fort Worth, TX 76107 20 & N45' of 21 544.319 91.0' 1.07 643.31 643.3 7 Charles A. Crenshaw S46' 1 215 N. Rivercrest Dr. of A Fort Worth, TX 76107 19 & N54' of 20 SUBTOTAL THIS PAGE 100.0' pavement -2- 7.07 707.00 707.A0 S 2,552.27 PROJECT NO. 029-040110-00, UNIT II, NORTH RIVERCREST DRIVE FROM HAZF~LWOOD DRIVE - NORTH TO CUL-DE-SAC cont. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT WEST SIDE RIVERVIEW ESTATE E. J. Henderson 18 b 1 114.9' pavement 7.07 812.34 221 N. Rivercrest Dr. N37' A Fort Worth, '1X 76107 of 19 812.34 a's S.P. Woodson, Jr. 16A 1 224 Rivercrest East & A Fort lrbrth, TX 76107 17A 60.0' pavement 7.07 424.20 424.20 EAST SIDE A W.H. Peterson 15A 1 The Fort Worth Natl. 6 N A Hank & Trust 42' P.O. Box 2050 of Fort I~brth, TX 7b101 14 119.9' pavement 7.07 847.69 i John F. & T.ynn Cram 13 & 1 212 N. Rivercrest Dr. N16' A Fort Worth, TX 76107 of 12 & S40' of 14 141.0' pavement 7.07 99b.87 i X1+7.69 996.97 SUBTOTAL THIS PAGE $ 3,081.10 -3- r PROJECT N0. 029-040110-00, UNIT TI, NORTH RIVBRCREST DRIVE FROM HA'LELWOOD DRIVE - NORTH TO CUL-DE-SAC cont. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT EAST SIDE RIVERVIEW ESTATE Robert D. Settle, Jr. N50' 1 89.0 pavement 210 N. Rivercrest Dr. of A Fort Worth, TX 76107 11 & 12 Less N16' Roy H. Browning S25' 1 140.0' pavement P.O. Box 9140 11, A Fort Worth, TX 76107 10& N40- 9 Murray Kyger 8 & 1 110.0' pavement 1301 First United A Building S35' Fort Worth, TX 76102 of 9 7.07 6x9.23 ` b29.23 i 1~ 1.07 9s9.so 989.ao 7.07 171.7Q 77.7 ~~ 70 C.W. Roodhouse, Jr. 7 & 1 112.5' pavement 108 N. Rivercrest Dr. N37. A Fort Worth, TX 76107 5' of 6 SUBTOTAL THIS PAGE 7.07 745.38 $3,192.11 $ 3,192.11 -4- PROJECT N0. 029-040110-00, UNIT II, NORTH RIVERCREST DRIVE FROM HAZELWOOD llRIVE -NORTH TO CUL-DE-SAC conc. BLOCK OWNER LOT ZONING EAST SIDE Lynn F. Cram 5 & 1 100 N. Rivercrest Dr. S37.5' A Fart Worth, TX 76107 of 6 FRONTAGE RATE AMOUNT' RIVSRVIEW ESTATE 150.5' adjusted to: converging IvC: 123.0'pavement 7.07 869.61 ASSESSMENT SUBTOTAL THIS PAGE TOTAL COST DD PROPERTY OWNERS (ASSESSMENTS) TOTAL OOST TO CITY OF FORT WORTH TOTAL ESTIMATED CONSTRUCTION OOST UNIT II 869.ti1 5 $ 869.E.1 $2,615.00 $108,054.24 S12o,6b9.24 -s- CITY MAN A'6 ER } ~ ~~ ~~ pity ~o~' 1F~~°t W®rth, `7C~.~~~ ACOQUNTIN~ir~ 1'RANSPORTAT(DN'P4~{rIA .W w , ~~ ®~° ~/ U iL~ ~®~ Q, U I•;/~~~ ~®~U /l lV !L/lV~ IL~~I.W~~®~ ILJ/ u Wi/ ~J uiw tv `~J NrATER ADMINISTRATIVN A PL'ANNINCi41 DATE REFERENCE staB~ECT Benefit Hearing - Reconstruction of PACE NUMBER Rivercrest Drive Units I and II 2 7/3/84 G-6039 for On June 5, 1984 (M&C C-8418), the City Council declared the necessity for and ordered the improvements on Rivercrest Drive, Unit I and II, Project No. 29-040-110-00, as described below. A construction contract was awarded to SRO Asphalt, Inc., in the amount of $300,992.00, and July 3, 1984, was set as the date for the Benefit Hearing on Unit II only. All of the adjacent property owners on Unit II were notified of the hearing by certified mail on June 18, 1984. Project Description Roadway R.O.W. Unit Street Limits Width-Feet Width-Feet I Rivercrest West Seventh 24 40 Drive Street to Monticello Dr. II North Rivercrest Hazelwood 30 60 Drive Drive-North to Cul-De-Sac Origin of Project Unit I was originally included in a resurfacing contract awarded to Harrod Paving Company on February 15, 1983 (M&C C-6765). Upon completion of utility adjustments, it was deleted from the contract by M&C C-7900, dated May 24, 1983. Due to the deteriorated condition of the pavement and base, Unit I was then scheduled for complete reconstruction. Unit II is included in this project as a result of a paving petition received by the Transportation and Public Works Department on June 13, 1983, signed by the owners of 71 percent of the adjacent property and requesting the street be improved wider the current assessment paving policy. The City Council authorized the addition of this Unit to the project on August 16, 1983 (M&C C-7029). Improvements Improvements on both Units will consist of reconstructing the existing pavement and base as well as replacing deteriorated curb and gutter and driveway approaches where required. Drainage improvements will consist of minor upgrading of the existing storm drain system. Assessments and Enhancements In accordance with Standard Assessment Paving Policy in effect at the time each unit was authorized, assessments for pavement and non existing curb and gutter and driveway approaches will be levied on Unit II only. Such assessments amount to approximately $12,975.57. Cost to the City for construction of Unit II is approximately $98,755.21, plus $8,938.46 (8%) engineering. Cost to the City for construction of Unit I (total cost) is approximately $189,261.22, plus $15,140.90 (8y) engineering. ~x J a - - DATE REFERENCE suBJECT~Benefit Hearing -Reconstruction Of PAGE 7/3/84 NUMBER G-6039 Rivercrest Drive Units I and II 2 2 or Based on previous appraisals of like property, considering the new pavement and 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. Recommendation: It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed. DAI:dg .APPROVED BY CITY COUNCIL ~u~ ~ ~~~~ ~a~ ~ ~~ SUBMITTED FOR THE CITY MANAGER'S // OFFICE BV : DISPOSITION BY COUNCIL: PROCESSED BY ~ ~ (] APPROVED ORIGINATING DEPARTMENT HEAD Gary Zy Santerr.e. ~_ j OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORytaepgl SC~1tIlldt.l•EX~. CONTACT l1 11 780,5 }/~/ Adopted Ordinance Pao ~' . ~r. DATE