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HomeMy WebLinkAboutOrdinance 9172ORDINANCE N0. y ~ ~~ .- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _ _ MALTA 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 3ECRETARY'I'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 oP Fort Worth, Texas, has heretofore ordered that each of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, be improved by raising, grading, or filling same and by constructing thereon to-wit MALTA AVENUE From Hemphill Street -East to M.K.T.. Railroad, known and designated as Project No 030-024309-00, a six-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 twenty-eight feet wide and ending at an eighty•- feet wide cul-de-sac.. Six-inch thick concrete driveway approaches will be constructed where required. Four-feet wide concrete side- walk will be constructed adjacent to the south side of the road- way. n f 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 BOB MOORS, INC. for the making and construction of such improvements on the above said portion of streets, avenues and publi~~ places. WHEREAS, estimates of the cost of the improvements of each_such portion of streets, avenues and publi~~ places were prepared and filed and approved and adopted by the City Council of the City, and a time and plac~a was fixed for a hearing and the proper notice of the time, place and purpose of said hearing was given and sari hearing was had and held at the time and place fixed therefor, to-wit, on the 14th day of August , 19 84 ~ 10.00 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 ted that protested that that ..protested that - -------__--- .-_.._-- ___--- _protested that --- -----------__---- -- -- _ _ _ -- --protested that - - ----- - - ----- -- - -- - --- ---- ---- ---- --protested that protested that ....protested that and said hearitlg 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'ull~ 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 tiOVb 'I'I[H;ItI:FOP.F: I3E IT ORDAINED BY THE ('ITY COLTN('IL OF THE CITY OF FORT WORTH, TF;tAS, 'THAT I. fiaid hearin~• be and the same is hereby, closed and the said protest and objections, and any and all other I)rotests and ob•jectiuns whether herein enumerated or or not, be Snd thE' same are here>Jy, ovet•ruled II. The l.it~ (.uuncil from the e~idenc•e finds that the assessments herein levied should be made and leveed against the respective I)arrels of prupert~ abutting upon file Sald p01'tli)rls of streets, avenues and public places and against the owners of• suc•h property, and that such assessments and charges are right ttnd proper and are substantially in proportion to the benefits to the respective parcels ot• prc pert b~ means of the improvements in the unit for which such assessments are levied and establish substantial ,justice and equality and uniformity between the respective owners of the respective properties and L)etween all parties concerned, considering the benefits received and burdens imposed, and furthe] 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 fu] N I11C11 assessment. is levied and charge made, in a sum in excess of the said assessment and charge mrtde against the same In this ordinance, and furthe] finds that the apportion- ment of the c•ust of the imin•ovements is in ac•rurdanre ~tiith the law in force in this City, and the proceedings of the (vita heretofore had ~~ith reference to s,ud ]mpro~:~nlents <u)d is in all respects valid and regular III There shall be, and is hereby levied and assessed against the parcels of prc~pert~ herein below mentioned, surd against the real and true o~ Hers thereof' (~ti Nether such u~ Hers be rurrec•tl~ named herein oi• not) the sum;; of money itemired below opposite the description of the respE'~ti~e parcels ot• property and the several amounts assessed ilgallltit file cattle and the owners tllel'e()t ill fa] as such utiners are known being as follows IV . Where more than one person, firm or corporation owns an interest in any property above described, each said person, firm or corporation shall be personally liable only for its, her or his pro rata of the total assessment against such property in propor- tion as its, his or her respective interest bears to the total ownership of such pro- perty, and its, his or respective interest in .such property may be released from the assessment lien upon payment of such proportionate sum. V. The several sums above mentioned and assessed against the said parcels of pro- perty, and the owners thereof, and interest thereon at the rate of eight percent (8%) per annum, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be correctly named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except State, County, School District and City ad valorem taxes. The sums so assessed against the abutting property and the owners thereof shall be and hecome due and payable as follows, to-wit• in five (5) equal installments, due respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4) years from the date of completion and acceptance of the improvements in the respective unit, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of eight percent (_8%) per annum, payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property abutting upon such completed and accepted unit shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance. Provided, however, that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity by payment of principal and accrued interest, and provided further that if default shall be made in the payment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such 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 than thirty (30) days after the completion and acceptance by the City of the particular unit. PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments of said sums of lesser in- stallments and/or over a longer period of time in cases in which the Director of Public Works has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVIDED FURTHER, that such method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's and materialman's contract upon forms supplied by the City granting a mechanic's lien upon and conveying the said abut- ting property in trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property. VI. If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the property by the Assessor and Collector of Taxes of said City as near as possible in the same manner provided for the sale of property for the non-payment of ad valorem taxes, or at the option of the City of Fort Worth, or its assigns, payment of said sums shall be enforced by suit in any court of competent jur- isdiction, or as provided in any mechanic's or materialman's contract as aforesaid, and said City shall exercise all of its lawful powers to aid in the enforcement and collec- tion of said assessments. VII. The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in accordance with the proceedings of the City relating to said improvements and assessments thereof, and is less than the proportion of the cost allowed and permitted b}' the law in force in the City VIII. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts hereinabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate Notwithstanding the City Council has herein reserved the right to issue credits, it shall 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 xg•ainst the respective parcels of abutting prop- erty and the owners thereof, and the time and terms of payment, and to aid in the enforcement and collection thereof, assignable certificates in the principal amount of the respecta~ e assessments less the amount of any re- spective credit allowed thereon, shall be issued hp the City of Fort ~'~'orth, Texas, upon completion and accept- ance by the City of the improvements in each unit of improvement as the wor 1. in such unit is completed and accepted, which certificates shall be executed by the mayor m the r;ame of the Citv and attested by the City Secretary, with the corporate seal of the Citv rn?pr•essed thereon and shall he pay~rble to the City of Fort Worth, or its assigns, and shall declare the card amounts, time and terms of pti~ ment t•ate of interest, and the date of the completion and acceptance of the rmprovements abutting upon such property for which fire certificate is issued, and shall contain the name of the owner rn• owners rf l:nnti n desc•r iptiun of the property by lot and block number or front feet thereon, or such other desciption as may utl?erwrse rdentrfv the same, and if the said property shall be owned by an estate, then the desc•riptron of same as sa uw ned shall be suflicrent and no error or mistake in describing am property or in ~•iving the name of the u~~ ner shall im alidate or in anywise impair such certificate to the assessments lei ied The certificates shall provide substant}ally that if• same sl?all nut I>e paid pruniptl~ upon maturity, then they shall be collectable, with reasonable attorney s fees uul c+,sts .,f roller tron if incurred, and shall provide substantially- that the amounts evrdenced therel~~ shall be yard to the Assessor and Collector of Taxes of tlhe City of Fort V~'orth Teas who shall issue his receipt therefor «hirlr shall lie eyrdenee of such payment on any demand for the same, and the Assesscn and Collector of Tales shall deposrt ~hc: sums so received by him forth- with wrth the City Treasurer to l>e kept and held h~ him in a separate irrnd xnd ~~hen any payment shall Ibe made in the City the Assessor and Collector of 'faxes u~u?n such rertiticate shall upon presentation to him of the certificate l.n the holder thereof endorse said pay ment thereof If such c•er•trficate be assigned then the holder thereof shall be entitled to receive from the Crt~ Treasurer the ~rn+uunt paid upon the pr°esentation to him of such certificate so endorsed and credited , and such endorsen?c~nt and cr edrt shall be the Treasurer's Warrant for making such payment Such payments ht the Treasurer shall he rccer{,led for the holder of such certificate in writing and by surrender thereof ~~hen the prrnc~p<a tu;~•ether ~~ith ~,+c t'ued interest and all costs of collection and reasonable attorney's fees rf rncurred have been paid in full Said certificates shall further recite suhstantrall~ that the proceedings ~~•ith reference to making the improvements have been regularly lutd m compliance ~ ith the 1<<~~ :u?d that all prerequisites to the fixing of the assessment lien against the property descril.,ed in such cert.rficate <urd t.l,e personal 1}abilitt of the owners there~~f have been performed and such recitals shall l,e puma facie e~ idc nc ~> ,~i' ,Il ilie mats ers rec°ited in such certificates, and no further proof thereof shall l,e required in any court. Said certificates may have coupons attached thereto ua et ic}ence of ear I, ,r any of the several installments thereof, or may hate coupons fur each of tl,e first four rnstallments, leaving' the marn certificate to serve for the fifth installment, which coupons may be pat able to the City of Fcn•t V1 orth ur its assigns may be signed with the facsimile signatures of the l~'Iavor and Crty Secretary .. •: Said ce~~tificatea shall further recite that the City of Fort Worth, Texas shall exercise all of its lawiful 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, invaliditiea 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 premi~sea 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 ~rope:rty 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 amou:nta 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 s~~me 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 this day of 19- APPROVED AS TO FORM AND LEGALITY Ity Attorney ,(MAStER RIL[•i J ~'/1 u..H/ ®~ ~.a/~~ ~./® ll~tYU 1(~LL~ (l~~ ~1,./ItJ'~~ ILIV~~II.~~I~V~ IL®~ C17V MANA6ER.1 ACGOUNTINa DATE REFERENCE SUBJECT Benefit Hearing - Reconstruction PACE NUMBER 7RANSpORTA FION'PUBLIO WORKS•a of Malta Avenue from Hemphill 8/14/84 G-6084 Street to M.K.T. Railroad iof On July 17, 1984 (M&C C-8480), the City Council declared the necessity for and "_- ordered the improvements on Malta Avenue, Project No. 30-024309-00, as described below. A construction contract was awarded to Bob Moore, Inc., in the amount of $91,007.90, and August 14, 1984, was set as the date for the Benefit Hearing. All of the adjacent property owners were notified of the hearing by certified mail on July 27, 1984. Proiect Description Roadway R.O.W. Street Limits Width-Feet Width Feet t° Malta Hemphill Street 28 SO Avenue East to M.K.T. Railroad Origin of Proj ect On August 16, 1980, the Transportation and Public Works Department received a paving petition signed by the majority of the property owners requesting the street be resurfaced. An inspection of the street, including core samples, revealed that the surface and base of the street have failed beyond resurfacing. The department conducted a poll-card survey to determine the desires of the property owners as to reconstructing the street, since assessments are involved. The results of the survey indicated that the. owners of 82.9% of the land favored reconstruction. On March 15, 1983 (M&C G-5563), the City Council approved the reconstruction of Malta Street and assessing property owners' for curb and gutter and/or gutter only and driveway approaches where none now exist in accordance with Standard City Policy at the time the petition was received (old policy). Improvements This segment of Malta Avenue will be improved with residential grade hot-mix asphaltic concrete pavement with concrete curb and gutter, concrete driveway approaches and a new cul-de-sac at the railroad right-of--way. Minor drainage improvements are also included. Project Cost and Financing In accordance with Standard City Policy in effect at the time the project was approved, the proposed assessment against the adjacent properties is $6,667.10. Cost to the City for construction is approximately $84,340.80, of which $72,760.00 is for street construction and $11,580.80 for drainage facilities plus engineering. DATE REFERENCE SUBJECT Benefit Hearing -Reconstruction PA~E NUMBER of Malta Avenue from Hemphill 2 2 8/14/84 G-6084 Rrr or Based on previous appraisals of like property, considering the improved access with the new pavement and curb and gutter and 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 i.s recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed. DAZ dj E APPROVED BY CITY COUNCIL Luc ~.~ tsar Cite Seczetaxy o. City of Fort 31Vpstb, ~exa9 SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ~_~ OTHER (DES IBE) ^~/~ // /J d % DEPARTMENT HEAD: Gary L. Santerre oe ' L ,'.ran Adopted ordinance CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT dell Schmidt Ext. 780.5 DATE