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HomeMy WebLinkAboutOrdinance 9167ORDINANCE N0. ~~~-.7 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _ _ AssURY AvENUF _ AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS: FIXING CHARGES AND LIEN9 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 ~'0 EN- GROSS AND ENROLL THI9 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 o! 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 PROJECT N0. 029-024310-00, UNIT IT ASBURY AVENUE FROM EASTOVER STREET -WEST TO CUL-DE-SAC, to be improved by constructing aseven-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 constructed where specified. ;r 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 L• GRIMES & COMPANY, 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 7th-day of August 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 ted that that ____-__protested that protested that __ __.__-__. ___-__ __-.___ -_-_ _protested that __. __ ___. _ -____ _ __ __protested that -- - -- -- -- _._-_- --__.__-- ___-- --protested that __-___protested that __..____protested that anti 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 xnd assessments should be made and levied as herein ordered BE IT ORDAINED BY THE ('ITY COLTN('IL OF THE CITY OF FORT WORTH, TIF:\AS, THAT I. laid hearin~• be and the same is hereby, closed and the said p-•otest and ob•jertions, and any and all other I)rotests and ol>•jertions, whether herein enumerated or or not, be and the same ~u•e hereby, overruled. II. The l.it~ Council from the e~idenre finds that the assessments herein levred should be made and levied against the respective parcels of In•opert~ abutting upon the s~iid portrons of streets, avenues and public places and against the owners of such property, and that such assessments and charges are right and proper and are substantially in proportion to the benefits to the respective parcels of property by means of the improvements in the unit foi• which such assessments are levied, and establish scrbst~u?tial ;fustire and equalrty and uniformity between the rEapertive owners of the respective properties, and between all parties concerned, considering the benefits received and burdens imposed, and further finds that in each rase 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 lr<u•tirular property abuts ~u?d fur ~hic•h assessmer?t is levied and rhar•ge made, in a sum in excess of the said •rssessment and charge made against the same b~ this ordrnanre and further finds that the apportion- ment of the rust of the improvements is in ~u•cord~rnre ~tirth the law in force m this Crty, rind the proceedings of the ('it.t heretotore had ~~ith reference to said impro~~~nu~nts and is in all respects valid and regular III. There shall be and (s hereby lei red and assessed agau?st the parcels of property herein below mentioned, and against the real and true owners thereof' (~tihether such owners be rorrectl~ named herein or not) the sums of money itemized lrelo~ opposite the desc-•iptwn c)f the respective pat•rels of fn•operty and the several amounts assessed against the same and the owners thereof as far as such owners are l.nown 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, Scfiool District and City ad valorem taxes. The sums so assessed against the abutting property and the owners thereof shall be and hecome due and payable as follows, to-wit in five (5) equal installments, due respectively on or before thirty (30) days, one (.1), two (2), three (3), and four (4) years from the date of completion and acceptance of the improvements in the respective unit, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of eight percent (_8%) per annum, payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property abutting upon such completed and accepted unit shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance. Provided, however, that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity by payment of principal and accrued interest., and provided further that if default shall be made in the payment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such def ault is made shall, at the option of said City of Fort Worth, or its assigns, be and become immediately due and payable, and shall be collectable, together with reasonable attorney's fees and cost of collection, if in- curred, PROVIDED, however, that acting through its duly authorized Director of Public Works the City of Fort Worth retains the right to authorize payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty- eight (48) equal regular monthly installments of not less than $9.00 each, the first of such installments to become due and payable not more fihan 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 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 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 discriminat)on. 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 abutting prop- et•ty and the owners thereof, and the time and terms of payment, and to aid in the enforcement and collection thereof, assignable certificates in the princ)pal amount of the respecti\ e assessments less the amount of any re- spective credit allowed thereon, shall be issued by the City of Fort ~~'urth Texas, upon completion and accept- ance by the City of the improvements in each unit of improvement as the wo) 1. in such unit is completed and accepted, which certificates shall be executed by the mayor in the name ui' the City and attested by the City Secretary, with the corporate seal of the City in;pressed thereon and shall he payable to the City of Fort Worth, or its assigns, and shall declare 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 u1• owners if l.nn\~ n dc~sc + ipti)on of the property by lot and block number, or front feet thereon, of such other desciption as ma\ uther\\ise ident~fv the same, and if the said property shall be owned by an estate, then the descript)un of same as sa owned shall be si~flicient and no error or mistake in descril.)ing am property or in g)~ in~• the namz of the u\+ne) shall )m alidate or cn anywise impair such certificate to the assessments let led The certificates shall pro\ ide subst<u)tiall\ that if• same shall nut 1>e paid prun~ptl~ upon maturity, then they shall be collectable with reasonable attorne\ 's fees and rusts .,f collet t)c,n i f )ncurred, and shall provide substantially that the amounts evidenced thereon shall be paid to the Assessor and Collector of Taxes of the City of Fort th'orth, Tetias, who shall issue his )•eceipt tl~erefu) \\hich shall lie evidence of such payment on any demand for the same, and the Assessu+ and Collector of Tales shall depos)t she sums so received by him forth- with with the City Treasurer to 1)e kept and held ~)\ him in a. selia):rte fund and \\hen an\ payment shall be made in the City the Assesso) and Coiiec•to) of 'l'azes uox)n suc l) certificate shall upon presentation to him of the certificate In the holder thereof endi,rse said pa\ ment thc~reu{' if such c•eri)ficate he assigned then the holder thereof shall be entitled to rec•e)\-e from the C)t\ T)e<isurcr the anu,u)tt Paul ul.~on. the presentation to him of such certificate so endorsed and credited, and such en+lo~•semf-nt a~~d ~ r+~+izt shall be the Treasurer's Warrant for making such payment Such payments l,\ the Treasure) shall 1)e rec•e,l~tec{ fc,) the holde) of such certificate in writing and by surrende) thereof' \\ hen the pl'lnc',p<sl tohether \\,th ~~+ ~ rue+{ interest. and all costs of collection and reasonable att.orne\'s fees )f incurred ha\e been 1):ud in full Said certificates shall furthe) recite substantiall\ that the pros°eedings \\•ith reference to making the inipro~ements have been regularl}- had in compliance ~\ith the 1,+\~ a)~d th~~t all prerequisites to the fixing of the assessment lien against the property desc•ril)ed in such cert)ficate and t.lie personal habilit~ of the owners thereof have been performed and such recitals sh<cll l)e pr,ma face e\ ,clc n+ ~> nt' gill the matt,c~rs recited )n such certificates. and no further proof thereof shall be required in ar)v court Said certificates may have coc.)pons attached tl,eretu u) e\ icience of each a am of the se\ e)•ai installments thereof, or ma\ have coupons fur earl) of the first four )nstallments leaping the main certiticate to serve for the fifth installment, which coupons may be payable to the Cit\ of Furt ~~ o)•th ur its assigt+s may be signed with the facsimile signatures of the D~iayut and City Secretary Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful powers, when requested so to do, to aid in the enforcement and collection thereof, and may contain recitals 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 amouMts assessed for improvements in any one unit have been in nowise connected with the improvements or the asaesa- 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 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. ,~ j /. V`~, PASSED AND APPROVED this__L___da of ~i~ y 19'L- APPROVED AS TO FORM AND LEGALITY tr~r'Ctty Attorney PROJECT N0. 029-024310-00, UNIT II, ASBURY AVENUE FROM EASTOVER STREET - WEST TO CUL-DE-SAC, to be ~< reconstructed by constructing a seven-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a six-inch thick lime stabilized subgrade, so that the finished roadway will be thirty-feet wide. Six-inch thick concrete driveway approaches will be constructed where specified. BLOCK OWNER LOT ZONING SOUTHSIDE D. R. Hicks 1 7A 4248 Asbury Avenue Res. Fort Worth, TX 76119 FRONTAGE RATE AMOUNT ASSESSMENT HYDE ESTATES (2ND FILING) 60.00' pavement 9.25 555.00 555.00 Mack E. Tippins 2 7A 4244 Asbury Ct. Res. Fort Worth, TX 76119 60.00' pavement 9.25 555.00 555.00 0. C. Thomas 3 7A 4240 Asbury Ct . Fort Worth, TX 76119 60.00' pavement 9.25 555.00 555.00 Housing and Urban 4 7A Development Res. P.O. Box 2905 Fort Wbrth, TX 76113 60.00' pavement 9.25 555.00 555.00 SUBTOTAL THIS PAGE -1- $ 2,220.00 P PR0.'ECT N0. 029-024310-00, UDTIT II, ASBURY AVENUE FROM EASTOVER STREET - WEST TO CUL-DE-SAC, cont. fib: BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTHSIDE HYDE ESTATES (2ND FILING) Dennis Whitehead 5 7A 60.00' pavement 9.25 555.00 4232 Asbury Res. Fort Worth, TX 76119 555.00 C.B. Bright 6 7A 58.00' pavement 9.25 536.50 4228 Asbury Ct. Res. Fort Worth,. TX 76119 536.50 NORTH SIDE Bernice C. Brown 6 7 58.00' pavement 9.25 536.50 4229 Asbury Res. Fort Worth, TX 76119 .536.50 Fred Lay, Jr. 5 7 60.00' pavement 9.25 555.00 4233 Asbury Res. Fort Worth, TX 76119 555.00 SUBTOTAL THIS PAGE $ 2,183.00 -2- ~. PR03ECT I30. 029-024310-00, L113IT II, ASBURY AVENUE FROM EASTCNER STREET - WEST TO CUL DE-SAC, cont. OWNER NORTH SIDE Crezette Hughes 4237 Asbury Ct. Fort Worth, TX 76119 BLOCK LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT HYDE ESTATES (2nd FILING) S 4 7 60.00' pavement 9.25 555.00 Res. 555.00 McClenon Murkeldone 3 7 60.00' pavement 9.25 555.00 4241 Asbury ReS• Fort Worth, TX 76119 555.00 Betty J. Evans 2 7 60.00' pavement 9.25 555.00 4245 Asbury lies Fort Worth, ~ 76119 _ 555.00 Mary K. Clark 1 7 60.00' pavement 9.25 555.00 4249 Asbury Res• Fort Worth, TX 76119 555.00 SUBTOTAL THIS PAGE 2,220.00 TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS $6,623.00 TOTAL COST TO CITY OF FORT WORTH 46,495.10 UNIT II - TOTAL ESTIMATED CONSTRUCTION COST $53,118.10 -3- ~STER FI1E=11 .""w `>,./ZG ® ~®Y .l/- ~~( j~Y, ~~~ ~~L.~Y~I.W~ .~ CITY MANAB~•El ? ACCOUNTIN6.2 ./Vll~ji(.~/®U ~A{/U(V~ ~®ILIV!/(Lllj((j~ ~®U/IW~IW/l/ILUj~j~Afj~1{j®UU/ rraaNSPORTATION~PU®Lld WCRKSta~ DATE REFERENCE SUBJECT Benefit Hearing Assessment PAGE NUMBER Paving and Water Main 2 8/7/84 G-6076 Replacement - Asbury Ave. lof On July 10, 1984 (M&C C-8470), the City Council declared the necessity for and ordered the improvements on Asbury Avenue, Protect Nos. 51-025371-00 (Water) and 29-024310-00 (Street), as described below. A construction contract in the amount of $69,249.45 was awarded to L. Grimes & Company, Inc., and August 7, 1984, was set as the date for the Benefit Hearing. All of the ad~ace.nt property owners were notified of the hearing by certified mail on July 20, 1984. Project Description Unit I (051-025371-00): Replacement of water main in Asbury Avenue from Eastover Street west to cul-de-sac. Unit II (029-024310-00) Reconstruction of Asbury Avenue from Eastover Street-West to cul-de-sac in the existing 30' wide roadway and 50' wide right-of-way. Origin of Project On May 9, 1983, the Transportation and Public Works Department received a paving petition signed by the owners of 58y of the land adjacent to the subject street, requesting the street be reconstructed under the new reassessment policy as approved by the City Council on August 31, 1982 by M&C G-5381. In keeping with the Water Department's program to update water mains when streets are improved, the replacement of the 6-inch water main was added to the project. Improvements Water main improvements consist of replacing the existing main with a new six-inch polyvinyl chloride (PVC) pipe complete'~with copper service lines and appurtenances. Street improvements will consist of reconstructing the existing deteriorated pavement with new seven-inch hot-mix asphaltic concrete pavement and replacing all deteriorated curb and gutter and driveway approaches. Drainage improvements consist of replacing one 10' storm drain inlet top. Assessments and Enhancements Asbury Avenue was originally constructed to City Standards in 1957, complete with concrete curb and gutter and driveway approaches. In accordance with the current Policy for the Installation of Community Facilities, Assessment Paving Policy, Section VI, Paragraph 2 (c), property owners will be assessed 75y of the Residential Rate for pavement only, or approximately $6,623.00. F- ~; ~~ DATE REFERENCE SUBJECT Benefit Rearing ASS2SSment PAGE 8/7/84 NUMBER G-6076 Paving and Water Main ,, 2 2 r Replacement -Asbury Ave. o Cost to the City for street improvements is approximately $36,562.34 and $26,064.00 for water improvements, plus engineering. Considering the improved access with new pavement, curb and gutter and driveway approaches, it is the opinion of the Director of Transportation and Puhlic 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 pro3ect. Recommendation: It is recommended that an ordinance he adopted closing the benefit hearing and levying the assessments as pr oposed. DAI:di Attachment l~l~ ~®t~~Vi~ AtlG 7 1984 /~ ,~ City Seorotaxy of the City of Plz~3 i T,r~a~f SUBMITTED FORT CITY MANAG DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY (] APPROVED ORIGINATING DEPARTMENT HEAO• Gary Santerre I.;i OTHER (DESCRIBE) Adopted Ordinance Nat ~ CITV SECRETARY FOR ADDITIONAL I F R ATION CONTACT ~Uc~e~l Schmidt EXt 7805 DATE