HomeMy WebLinkAboutOrdinance 9152~= ..~ ~ ,
ORDINANCE N0. S-.~'~_
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_. _ DoNNELLY AVENUE _ _ _
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-
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-
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 CITYs 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 fliling same and by constructing thereon to-wit
DONNELLY AVENUE From Sanguinet Street to Hulen Street, known and
designated as Project No. 030-036731-00, 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, so that the finished roadway will be forty-
four feet wide for five hundred thirty-feet, thence
forty-eight feet wide to Hulen Street. Six-inch
thick concrete driveway approaches will be constructed
where specified.
The,above, together with combined concrete curbs and gutter on proper grade and line where same are not already
so constructed, together with storm drains and other necessary incidentals and appurtenances , all of said improve-
ments are to be. so constructed as and where shown on the plans and in strict accordance with the Plans and
Specifications therefor .and contract has been made and entered into
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 17th .day of Jul ,
19~, .~0 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
that
that
ted that
that
that
____-___-__ _protested that
__-_____~-.__protested that
--------- ._----_- __ ~_...----------__-_--protested that
ted that
that
and said hearing was continued to the present time in or•der• to more full•v accomplish the purposes thereof, and
rill desiring to be heard were given full and fair opportunity to be heard and the City Council of the City having
fulls considered all proper matter, is of the opinion that the said hearing should Ue closed and assessments
should be made and levied as herein ordered
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
7'E~A~+, 'I'HA7'
I.
laid hearing be and the same' is het•ebv, closed and the said protest and objections, and any and all other
protests and objections, wht~thet herein enumerated or or not, be aTld rile same are hereby, overruled.
II.
The City (.uunctl i'rum the evidence finds that the assessments herein levied should be made and levied
against the respective prit•c•els of property abutting upon the srLid portrons of streets, avenues rind public places
and against the owners of such property, and that such assessments and charges are right and proper and are
substantirr)ly in proportion to the benefits to the respec•ti~e parcels oi' property by means of the improvements
in the unit t'or wlt-c•h sorb assessments are levied rind 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 p~u•tic•ular property abuts and fur ~ hic h assessment is levied and charge made, in a sum in excess of
the said assessment and charge made against the same Its this ordinance, and further finds that the apportion-
ment of the cost of the improvements is in accut•dance ~tiith the law in force in this Ctty, and the proceedings of
the Cit. heretofore hrtd ~~ith refet•enc•e to said -mprov:~n-ents curd is in all respects valid and regular
III
'There shall be, and is hereby lei red and assessed against the parcels of property herein below mentioned,
Rrld agattlSf- Lhe real and true c>wners t11eYeOf ~VlhethE'l' such owners I)e rorl'ertl\ nSmed ltel'ern Ol' not) the sums of
money itemised below oppos-te the desct•iptwn of the respective parcels oi' property and the several amounts
assessed against the same and the owners thereof as fat 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 groperty 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-
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, is
in accordance with the proceedings of the Citv relating to said improvements and assessments thereof, and is
less than the proportion ~f the cost allowed and permitted l)y the law in force in tl)e 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 1)arcels of abutting prop-
et•ty and the owners thereof, and the time and terms oi' payment, and to aid in the enforcement and collection
thereof, assignable certificates in the principal amount of the respecti~ e assessments less the amount of any re-
spective credit allowed thereon, shall be issued by the City of Fort ~~'orlh, Texas upon completion and accept-
ance by the City of the improvements in each unit of impro~ ement as the woi 1. in such unit is completed and
accepted, which certificates shall be executed by the mavui in tl)e name uf• the City and attested by t}~e City
Secretat•v, with the corporate seal of the Citv impressed thereon, and .hall 1)e payable to the City of Fort Worth,
or its assigns, and shall decl~u•e the said amounts, time and terms of payment 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:nr,~a n dc~sc, iption of the property b,y lot and block
number or front feet thereon of such other desciption as may other~ti•ise identify the same, and if the said
property shall be owned by an estate, then the description of same as so owned shall be sufficient and no error or
mistake in deseril.)ing am 1)roperte or in aiyin~• the name of the t~„ nei shall im alidate or in anywise impair
such certificate to the assessments lei led
The certificates shall prop ide substantially that if saner shall nut l,e paid promptly upon maturity, then
then shall be callec table with reasonable uttorne~ s fees uul rn~t s .,f c•ullec tion if incurred, and shall provide
substantially that the amounts evidenced therel)~ shall be paid to the Assessui and Collector of Taxes of the
City of Fort ~'i'orth, Texas who shall issue hic receipt therefor ~~hirh shall lre evidence of such payment on any
demand for the same,. and the Assessor and Collector of 'T'axes shall deposit she surrrs so received by him forth-
with with the City Treasures to l>e kept and held I)~ him ur a. separate frurd and then am payment shall be
made in the Cst~ the Assessor and Cvllector of 'faxes u;u)n such ceriitieate shall upon presentation to him of
the certificate 1.)~ the holder thereof endorse 5~id pay meat thereof It' such certificate be assigned then the holder
thereof shall lie entitled to recei~-e from the City 'T'reasures the amucn,t paid upon. the presentation to him of
such certificate so endorsed and credsted, and such enclorsemc~nt and ~ i c~~lit s{rall be the Treasurer's Warrant for
nrakirsg such pavmeni: Such payments l,ti the 'T'reasurer shall lie receipteci for the holder of such certificate in
writing and by surrender thereof ~~hen the princsp<d fu~ether e~ith acu•ued intc~s•est. and all costs of collection
and reasonable attorney's fees if incurt•ed hate been liacd in full
Said certificates shall further rec•it:e substantialT~ that the proceedings with reference to making the
improvements have been regularly had in ccmrpliance ~t rth the 1 t<< cas)d t{r<,t all prerequisites to the fixing of the
assessment lien against the property descrslied in such certificate and t.l,e personal lial)ilit~, of the owners thereof
have been performed and such recitals shall !re prima facie e~ cclrncf-~ ~i1' rll ihF m<cti.erti r•ec°itert in such certificates,
and no further proof thereof shall lie required in amp court.
Said certificates may have coupons attached thereto ui e~ idenc e of each )r ant of the see era] installments
thereof, or may have coupons fur each of the first four installments, le~cving~ the main certificate to serve for tlYe
fifth installment which coupons may be pay al.)le to the City of Fm•t V1 orth os its assigns m~r~. L)e signed with the
facsimile sign<stures of the 1~'Tavor and City Secretary
.:
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r .t
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 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 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 thisday of 19,.~~...r
APPROVED AS TO FORM AND LEGALITY
~L.27ty Attorney
J,
PROJECT N0. 030-036731-00, DONNELLY AVENUE FROM SANGUINET STREET TO HULEN STREET, to be improved by
construction of seven-inch thick hot~nix 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 forty-four feet wide for five hundred thirty-feet, thence forty-eight feet wide
to Hulen Street. Six-inch thick concrete driveway approaches wlll be constructed where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NORTH SIDE LENA POPE HOME ADDITON
Lela Pope Home 1 & 3 1 525' pavement $44.80 23,520.00
4701 W. Rosedale C.F. 185' pavement 49.19 9,100.15
Fort Worth, TX 76107 710' curb & gutter 8.16 5,793.60
At to • Bruce 'Thompson
38,413.75
Lena Pope Home W140' 1 140' pavement 49.19 6,886.60
4701 W. Rosedale of C.F. 140' curb & gutter 8.16 1,142.40
Fort Worth, TX 76107 Lot 2
Attn: Bruce Thompson
8,029.00
Arlington Heights E 1 180' pavement 49.19 8,854.20
Bank of Fort Worth 180' E-Comm.
3100 Hulen Street of
Fort Worth, TX 76107 lot'2
Attn: Fred Thetford
8,854.20
HUI,EN STREET INTERSECTS CHAMBERLIN--ARLINGTON HEIGHTS-2ND FILING
Jerry L. Thomas 2 2R 510' pavement 49.19 25,086.90
Investment C-Apt. 510' curb & gutter 8.16 4,161.60
4200 S. Ilulen
Suite 428
Fort Worth, TX 76109
29,248.50
SUBTOTAL THIS PAGE $ 84,545.45
-1-
r ,~
R
PROJECT N0. 030-036731-00, DONNELLY AVENUE FROM SANGUINET STREET TO HULEN STREET,
cont.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT
SOUTH. SIDE CHAMBERLIN-ARLINGTON HEIGHTS-2ND FILING
Hulen Heights 1R 2R 525' pavement 44.80 23,520.00
Joint Venture G-Comm. 525' curb & gutter 8.16 4,284.00
4200 S. Hulen, 310' S.F. Driveway 3.60 1,116.00
Suite 428
Fort Worth, TX 76109
SUBTOTAL THIS PAGE
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS)
TOTAL COST TO CITY OF FORT WORTH
TOTAL ESTIMATED CONSTRUCTION COST
_2_
ASSESSMENT
28,920.00
PRE-PAID
$113,.465.45
$35,969.22
$149,434.67
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~ DATE ~.a. REFERENCE SUBJECT Benefit Hearing - nne y PAGE
NUMBER Avenue Improvements 1
7/17/84 G-6059 tof
On June 19, 1984 (M&C C-8 , t e ty unc ec are a necess y or an or ere e
improvements on Donnelly Avenue, Project No. 30-036731-00, as described below. A
construction contract was awarded. to Austin Road Cotgpany in the amount of $131,083.05,
and July 17, 1983, was set as the date for the Benefit Hearing. All of the adjacent
property owners were notified of the hearing by certified mail on June 29, 1984.
Project Description
Roadway R.O.W.
Street Limits Width-Feet Width Feet
Donnelly Sanguinet Street 44 to 48 74
Avenue to Hulen Street
Origin of Project
On July 26, 1983 (M&C C-7001), the City Council approved Community Facilities Agreement
No. 13228 with Hulen Heights Joint Venture for the Development of Lot 1 R, Block 2 R,
Chamberlin Arlington Heights Addition, Second Filing. Included in the agreement was the
assessment paving of Donnelly Avenue from Sanguinet Street to Hulen Street.
Improvements
This segment of Donnelly Avenue will be improved with collector grade hot~nix asphaltic
concrete pavement with concrete curb and gutter. Concrete driveway approaches will he
constructed where specified. Storm drain facilities consist of the removal and replacement
of two ten-foot inlets.
Assessments and Enhancements
In accordance with Standard City Policy and the low bid, the proposed assessment against
adjacent properties is $113,465.45, of which $28,920.00 is against the developer's
property and $84,545.45 against the remaining individual property owners. In accordance
with Paragraph 3, Section VI of the Policy for the Installation of Community Facilities,
the Developer has paid his portion of the above cost which has been deposited in the
project account prior to the contract award.
Cost to the City for construction is approximately $17,617.60, plus $18,351.62 (141')
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.
Recommendation:
It is recommended that an ordinance he adopted closing the benefit hearing and levying the
assessments as proposed.
APPROVED DY ':
DAI:dh CITY COUNCIL
SUBMITTED FOR THEE-
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BV
/
nFFICE BY ~~ pRgl~rf0
ORIGINATING ^ ,OTHER (DESCRIBE)
DEPARTMENT HEAD: Clary L, Santerre ~
(~Y~j1/, CITY SECRE7ARti
FOR ADDITIONAL INFORMATI N
coNrncT Ode~l Schmidt Ext 7805 C1tY SECZC:¢:y Q{ th0
Cit DATE
Adopted Ordinance /~_ ~