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HomeMy WebLinkAboutOrdinance 9059Y ~~- ;~ ORDIN.~NCE~ NO.---~~~-- .- ORDINANCE CLORING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__ _ ,_,,, TR'LNrT'Y B~ t~F..y~n _ AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACER 1N THE CITY OF FORT WORTH, TEXASs FIXING CHARGER AND LIENS AGAINST ABUTTING PROPERTY THEREON AND AGAINST THE OWNERS TfIEREOFs PROVIDING FOR THE COLLECTION OF SUCi(# ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI- CATES 1N EVIDENCE THEREOFt RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED s DIRECTING THE CITY SECRETARY 1'0 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 o! Fort Worth, Texas, has heretofore ordered that each o! the hereinafter described portions of streets, avenues and public places in the Ctty o! Fort Worth, Texas, be improved by raiain~, ~radin~, ar flilin~ same and by constructln~ thereon to-wit; TRINITY BOULEVARD From F.M.-157 to Euless South Main Street, known and designated as Project No. 030-036720-00. A seven-inch thick reinforced concrete pavement with seven-inch high monolithic concrete curb on a six-inch thick lime stabilized surgrade, so that the finished roadway will consist of two thirty- six feet wide traffic lanes with atwenty-eight feet wide median. Seven-inch thick reinforced concrete turn lanes and median openings 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 plane and in strict accordance with the Plans and Specifications therefor and contract has been made and entered into with CHARLES COHEN~ INC.. & ~_ TEXAS 13ITULITHIC CO (A JOINT VENTURE). 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._7_~1~day of Match , 19~t~,_,,, 10:00 A.rt.__, in the Council Chamber in the- City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit. __ _ _protested that protested that __- _protested that _.__ _-. ______.protested that ____.._____ protested that - -- .-- _-_._-- ___._-- .-- -- _protested that _. __. __protested that _ __protested that __ .__._protested that _ ._.... __.. _._ ____protested that ~`\ ir• and said hearing was continued to the In•esent time in order to mute fully accomplish the purposes thereof, and :-II desiring to lx' heard were given full and fair opportunity to be heard and the City Council of the City having fully considered alt proper matter, is of the opinion that the said hearing should [ae closed and assessments should be mt~de and levies} as herein ordered 13E I'1' ORUAINEU BY THE (CITY ('OL1NCIL OF THE CITY O>'' FORT WORTH. I. tiairl hc~arin~~ be; caul thE•~ tiriritc~ is liereliy, c•lu:;ur1 r-rid tlit~ sais~ Itrutest. ruin iala,jc~ctic,ns, rind riii,y and all other I,1'c-letits rlrtd ula•)e(tlitll:t, wlll'tl1l'i` Ilt:'r'l'Irt E~riltnlcir'rltc'd rli' Ell' Itl)t,, bl' rtlld t.lle :+rlnll~ r-1'e hel'ei.ay, uVea'i'UIE'd II '['he (its (uuuc it Pram the e~ utence, rinds th:-t the rtsscssnlants hereut levied should Lae made and levied :-gainst the respecli~t, parcels a}' prupert~ rtbutting upon the said portions o}• 5tr•eets, avenues and public places r-nd Against the owners of sus), propert~,:uut that such assessl~tents raid ih:u•ges are right and prolaer' and are substantially in prapurtiou to the benelits to the respective par~•~>Is oi' p-•ul,ert~ lav mer-ns of the itrtprovements in the unit for H his I, sur h assessments are tee red, and esl:clalish s-lbstanti:-I •lustice and euuality and uniformiti between the testa>ctive owners of the respective pr•apertres, and between :tJl parties concerned, considering the benefits received and birrclens itnpused, aract i'urther rinds that in each case the :-1lutting property assessed is specially bone ited in enhanced ~ r-lue to the s:ud propert ~ b~ nte:-ns of the said improvements in the unit tapun ti his h the p:u•tic•ulx-• prupertr alxtts and far ~ hic•h ussessrnont rs [e~ iert and ch:u•ge matte, in a sum in excess of the said rt:ctic~s:;meni rind charge made :rg,-ittst llre sanle !,~ this or dinrrnce, .oar! fw•ther finds that the appor•tion- ment. of the t•ost. of the intpruyentents rs in uccardxnce ~~ ith the low in force in this City, and the proceedings of the (`itt heretofore hod ~~Ith re.1'erence to said iml,ru~:~nurrtts :out is in all respects vrtlid and regular 111 'There shall be, :urd rs hereby , lei ierl and assessed :-gainst thc~ parcels of property herein below mentioned, and against the real and true uHners thereof' (~~hether such owners I,e car-ertl~ named herein or not) the sums n}• nll)nN\ rtemizc>d be;o~ opposite the desc ription of the respec try r parcels of propert,ti autd the several amqunts assessed against the same anct the o~~ners thereat' as fa- ;is strc.h owners are Lnuwn 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- ~:ican as its, t~is cat trier tespecti~.ve ~.ntet'eat hears to the total ow-~erst~ip ref such pto~ petty, and its, his or respective interest in such property may be reXeased from the assessment lien upon payment of such proportionate sum. V. The several sums above mentioned and assessed against the said parcels of pro- pexty, and the owners th@teof, and interest thereon at the rata of eight percent (S%) per annum, together with reasonable attorney's fees and Boats of co~,lection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be correctly named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except State, County, School District and City ad valorem taxes. The sums so assessed against the abutting property and the owners thereof shall be and become due and payable as follows, to-wit: in five (5) equal installments, due respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4) years from the date of completion and acceptance of the improvements in the respective unit, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the .rate of eight percent (:8%) per annum, payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity thereof., so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property abutting upon.. such completed and accepted unit shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance.. Provided, however, that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity by .payment of .principal and accrued interest, and pxovided 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 $9.0.0 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 incases 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 authorised only i.n instances where the owner or owners of ptopetty 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- tang 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 ~ur- 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. ~~ i • ~• . VII. 1'he total amount assessed against the respective I;arc:els of abutting piuperty, and the owne-•s thereof, is in accordance with the proceedings of the City relating to said irnprcwements and assessments thereof, and is less than the proportion of the cost allowed and permitted by the law in i'orc°e in the City VIII. Altltuugh the aforementioned charges have been fixed, levied and assessed in the respective amounts hereinabove stated, the City Council does hereby reserve unto itself t:he right to reduce the aforementioned assessments by allowing credits tic certain. property gwners where deemed aplu•opritite Notwithstanding the City (~ouneil has herein reserved the right to issue credits, it shall not Ire 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 Fuit Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting• frurit the amount of any assessment hereinabove levied such amount oi• amounts, if any, as may hereafter Ire 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 pai•cc~ls of abutting prop- erty and the owners the-•eof, and the time and terns oi' Ir:tvment, anal to aril in the enfui•cement and collection thereof, assignul.rle c•ertifirates in the Iri•inripal atnourtt: of the respecttt e ~-ssessments less the amount of any re- spective u•edit allOWed t.hel'eun, shall lie issued lrv the Citt of Fort ~'1'ut tli Tex:-s, upon completion and accept- ance by the C'itt uf` the imprut enterers in cac h unit of intprut content a:: the ~+ut I: in such .unit is completed and accepted, which fertiticates shall be executed by the nrttu-• rn the n~-nre ut• the Ctty And attested l.ry the City Secretary, with the corpatate seal of the ('ih impressed thereon and ~h;rll be parable to the City of Fort Worth, vi its assigns and sh<-II deg tare the swirl amounts ante and terms ,,I• put nient t arc Of lilt(?rest, and the date of the completion and acrept;uµ.e .,1' the imin•oternents altutiing• upon such prupertt i'or wltic•h ilre certificate is issued, and shall contain the n:uite of the owner of ut~ners rf l~n~,~~n dc'~c riptiun uf• the property lrv lot and block number or front feet thereon or such other desuptu,n as ntat uthert~tsr~ identify the. same, and if the said piopertt shall lie owned by an estate, then the desc•r•iptiun ul• s:u~ti~ us su c>N reed shall be suflicicnt and no error or mistake rn describing ant property ur rn ;;,~ mt;~ the name of• thc' u~~ net shall rnt aliclate ur in ant wise impair such certificate to the assessments Ic.t red The cet•tttiuttes shall lrro~ rile suhstuntrallt that rf s:uu,' Shull nut I,r~ parcl pruntptlt upon maturity, then thet s:hal- Ire c„Iles table t~ ilh -~e:-sonahle atturne~ s fees and , o>:I. ol• , ollec trnn if uuurred And shall pt•ovide substantially that the amounts ett,lc'nced t..herelrt sh:-11 L,e p;ud to th,~ Assessor and Ci,llec•tut of Taxes of the City of Fort ~1'orth,'l'e~as who shall issue his receipt therefor ~~hrclt sh ill be etulence of such p<ttment on any demand i'o-• they sanc_ and the Assesso- rend (ullectnr of I'uurs ~h;ill deport ,hu sums so received by him fot•th- wi;th wrtlt thc~ (`tlt 'fre;-surrrr to I,r I:el,t ;uul ht'I,I I,~ I,rnt in i se_j,atate Ilrnd and ~~hen ant pat•ment shall be. made m the ('itt the Assesso- and C.nlic:'ctut of 'I'u~es ul,un such ,v~-lilicati~ shall upon I,rcaentation to hlrll of the c•ertific•ate bt the holde- t.hcreof• endorse said pay nrc~nt tltercul Ii• sac Ir yet trficute be xssi~ned then the holder thereof shall be entitled to rcrceite ftY,nt the (rte 'T'tc.~asurc'r the ;uuo~nrt p:ud upon the pt•esentAtion to him of such c•ertilic•ate so endorsed and credited :tnd sac h endorsen,r nt and t,vltt shall be the 'T'reasurer's Warrant for na{.ing such patnrent tiuch payments ht the'lle:isurei sh:,ll !,c' rcc~.rpted for the holder of such certificate in witting acrd lrv sut•render th~'t•eal' ~~hen ilre pr•nu,pal t~,~~tl!r.t ~~rth <,~~ rued -rttr~rest And all costs of collection and reasonable atturnet's }•c:'es if incurred hnte been paid in full Said c•ertrticates shall furthe- recite sulstanti:tll~ that the proceedings ~"tlt reference to making the imt>ratements hate been r~ytt•ularlt bud in runtlthanc,~ ~~rlh tl,e I:cr and that:dl I,rc',•hdutsites to the fixing of the assessment liE:n ~-gainst the I>rotoert~ descrrbecl ut such ~ertiiicatc urd t!„~ jx~t•sun:rl hul,iltlt of the owners thereof have Lreen perl'oimed and such recitals shall I,e I,rtma facie et r, 1, n,~' ~,I' ill thi' rn;rtac't'ti I'eClted 1]l such eertific•ates. and no further proof' thereof shall Ire required ut :utt court Said certificates nett hate cuul,i,ns attached tl,et eto ur c~~ uienc e u1• eat h ,~ ant of the set eri-1 installments thereof, ut mat hate coupons i'c,r eacl, oi' the lnt foot installrttents, le~rtint the math certtlicale to wive for the fifth installment N IrtCll ('(JUl,l,n~ may l,e p:tt al,lfr to the City of Fort 1'1 ur t h ur its tis~igrrs mot be igned with the facsimile signatures of the l~'lutcn arul C'itt Secretait '~'~:~: Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful powers, when requested so to da, 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 thereol, 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 agafnst the real and true owners o>? 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 pproperty described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve- ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the assess- ments therefor in any other unit. XIII. The assessments levied are made and levied under and by virtue of the terms, powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and now shown as Article 1106b of Vernon's Texas Civil Statutes, which Act has been adopted as an amendment to and made a .part of the Charter of the City of Fort Worth, Texas. XIV. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council of Fort Wortit, Texas, and by filing the complete Ordinance in the appro- priate Ordinance Records of said City XV. This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED this ~ .day of - 1 APPROVED AS TO FORM AND LEGALITY IEy Attorney n -.+' n PROJECT N0. 030-03672a-00, TRINITY BOULEVARD' FROM F.M. 157 TO EULESS SOUTH MAIN STREET, to be improved by construction of seven-inch thick reinforced concrete pavement with seven-inch high tmnolithic concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will consist of two thirty-six feet wide traffic lanes with a twenty-eight feet wide median. Seven-inch thick reinforced concrete turn lanes. and median openings will be constructed where specified. BLOCK OWNER IAT ZONING NORTHSIDE Ward Hunt Tr.l& P.O. Box 45309 2 Dallas, TX 75245 E&K Attn: Terrell Maroney (Lien Parcel 1) Trinity Boulevard Tr.l& (Joint Venture) 2F 11518 Reeder Rd, S-105 C&~' Dallas, TX 75229 Attn: Kay Holland (Lien Parcel 3) EULESS SOUTH MAIN STREET INTERSECTS SOUTH SIDE Trinity Boulevard (Joint Venture) 1.1518 Reeder Rd, S-105 Dallas, TX 75229 Attn Kay Holland Tr.l C-Apt (Lien Parcel 4 ) FRONTAGE RATE AMOUNT J.W. GALLOWAY SURVEY N0. 336 2719.57' Adjusted to; 2539.57' Pavem. w/Curb 2539.57' Box Culvert 2539.57' Bridge 2539.57' Storm Drain 2539.57' Top Soil & Seeding 2539.57' St. Lights & Traf. Markers F. WOOD SURVEY N0. 1,699 2$28.15' Adjusted to: 2683.15' Pavem. w/Curb 2683.15' Box Culvert 2683.15' Bridge 2683.15' Storm Drain 2683.15' Top Soil & Seeding 2683.15' 5t. Lights & Traf. Markers (180' Bridge) 51.22 130,076.78 3.74 9,497.99 14.51 36,849.16 14.88 37,788..80 1.17 2,971.30 4.78 12,139.14 Culvert & Pipe 145' 51.22 137,430.94 3..74 10,034.98 14.51 38,932.51 14.88 39,925.27 1.17 3,139.29 4.78 12,82S.46 R.H. GALLOWAY SURVEY NO. 337 SUBTOTAL THIS PAGE --1- 2911.15' Adjusted to 2766.15' Pavem. w/Curb 2766.15' Box Culvert 2766.15' Bridge 2766.15' Storm Drain 2766.15' Top Soil & Seeding 2766.15' St. Lights & Traf . Markers Culvert 51.22 3.74 14.51 14.88 1.17 4.78 & Pipe 145' 141,682.20 10,345.40 40,136.84 41,160.31 3,236.40 13,222.20 ASSESSMENT 229,323.17 242,288.45 249,783.35 721,394.97 ~ y'wo ""^^'w PROJECT N0. 030-036720•-00, TRINITY BOULEVARD FROM F.M. 157 TO EUT.ESS SOUTH MAIN STREET, contimaed $LOCK OWNER IAT ZONING FRONTAGE RATE AMOUNT ASSESSMENT J.W. GALLOWAY SURVEY N0. 336 Ward Hunt Tr. 2 2636.57' Adjusted to (180' Bridge) P.O. Box 45309 C-Apt 2461.57' Pavem: w/Curb 51.22 1.26,081.62 Dallas, T}C 75245 2461.57' Box Culvert 3.74 9,206.27 A~t~i ~~~Y~~1~: ~~~~~~- ~4l~1 X57 ~ Br~~1Be 14.5: 35~ 71:7': (1.~.en t~arre.9. 3) 2k~1..5~~ St~rtn i~~~lB 1.~.BB ~t-,b2~.1~ 2461.57` Top Soil & 1.17 2,880.04 Seeding 2461.57' St. Lights & 4.78 11,766.30 Traf. Markers 222,279.77 SUBTOTAL THIS PAGE $222,279.77 TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) $943,674..74 TOTAL CO5T TO CLTY OF ART WOR=TH $640,041.01 TOTAL ESTIMATED CONSTRUCTION ODST $1,583,715.75 -2- .~ .SfcR FILE.j ~ ~ // /y~y /®~ ~~~ ~~~~~~IV ~~~~~LL/W~~W'4A/t~®~ ` ~ 1' ml~NAGER 1 ~ ~/~ (~,V (JJ ~~CEOUNTING 2 T{i~ N§ PgRTAT10N~1 DEVELpPMEMfw~ PLANNINQ•1 YAL•1 HATER ADMINISTR uw. x~ DATE REFEREkCE SLIB.IEGY Benefit Hearing - Paving and PAGE B{.IC WORKQ'~ ~ NUMBER Drainage Improvements of Trinit 1 3/27/84 G-5945 Boulevard tOf On February 28, 1984 (M&C C-8236), the City Council declared the necessity for and ordered the improvements on Project No. 030-036-720-00, as described below. A construction contract was awarded to Charles Cohen, Inc., and Texas Bitulithic Co. (A Joint Venture), in the amount of $1,480,108.18 and March 27, 1982, was on Ic set as the date for the Benefit Hearing. All of the adjacent property owners were notified of the hearing by certified mail on March 12, 1984. Project Description Roadway R.O.W. Street Limits Width - Feet Width - Feet _ Trinity F.M. 157 to Euless 2-36' Lanes 120 Boulevard South Main Street W/28' Median Origin of Project On May 17, 1983 (i~1&C C-6897), the City Council authorized the City Manager to execute a Community Facilities Agreement with Yancy-Camp Management Co. and with Ward Hunt for the improvement of Trinity Boulevard as indicated above. Improvements This segment of Trinity Boulevard will be improved with major thoroughfare grade concrete pavement with concrete curb, complete with turn lanes and cross-overs, street lights and traffic markers and required drainage facilities. Drainage facilities include a bridge and box culvert. Assessments and Enhancements Based on standard City Policy for an interior street to a development and the two Community Facilities Agree~uents, cost to file developers (Assessments) is approximately $943,674.73. Cost to the City for construction is approximately $536,433.45 of which $326,050.68 is for street construction and $210,382.77 for storm drain cost, plus $103,607.57 (7%) engineering. In addition, $47,572.00 is required for materials, labor and equipment rental for the installation of the street light poles and appurtenances by_ City forces. Based on previous appraisals of undeveloped property adjacent to a major roadway and considering the improved access and storm drain faci is the opinion of the Department of Transportation and Public Works ~~jjcel of ~ ~ abutting property will enhance in value by as much or mor a IE~RRPosed assessments. MAR 2~ ~9aa Recommendation It is recommended that an ordinance be adopted closing tjji~ne~~~~nd levying the assessments as proposed. - - •--~.__.,. Cite g~°r~taty of the Citp of ;~ ~~ SUBMITTED FOR THE ~~ ~ CITY MANAGER'S ~~ ~ DISPOSITIOM BY COUNCIL: PROCESSED BY ~ atFFlcE Br: ~ ~,c.~ .C ~ - . ^ APPROVED ORIGINATING ^ 0T11ER (DESCRIBE) DEPARTMENT BEAD: Gdry L Santerre CITY SECRETARY FOR ADDITIONAL INFORtAa~~f~l Schmidt Ext 7805 Adopted ardinance No, ®.~ CONTACT DATE