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HomeMy WebLinkAboutOrdinance 9274ORDINANCE NO.~-~- ~- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ ~. DERIDDER 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- 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 '1'O EN• GROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas, has heretofore ordered that each of the hereinafter described portions of streets, avenues and public .places in the City of Fort Worth, Texas, be improved by raising, grading, or filling same and by constructing thereon to-wit: DERIDDER AVENUE From Hardy Street to Weber Street, known and designated as Project No. 036708-00, 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~road- way will be thirty-feet wide. Six-inch thick concrete driveway approaches will be constructed where required. 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 Moore, 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 sti°eets, 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 t 8~h ,day of December 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 ted that __,._ _ __protested that protested that _- _--____.~____ __._-_ -~-_ _protested that __ -----_-----__-.-- -- - _..-- --^__protested that _ _ -- - - ----- - - - --- -- - -- - -- ---- -_ -- ---- --protested that protested that __ __protested that and said hearing was continued to the present time in order to more fully accomplish the purposes thereof, and all desiring to be heard were given full and fair opportunity to be heard, and the City Council of the City having i'ullt considered all proper matter, is of the opinion that the said hearing should be closed and assessments should 1)e made and levied as herein ordered BE IT ORDAINED BY THE ('ITY COITN('IL OF THE CITY OF FORT WORTH, T)F:~.AS, 'THAT I. laid hearing 1)e and the same is herelrv, closed and the said protest and olr,jertions, and an,y and all other 1)ratests and ol)jections whether herein em~met•ated or or not, l)e and the same are hereby, overruled II. The (. its (.uunc•il from the evidence finds that the assessments hereln levied should be made and levied against the respective parcels of property alluding upon the said portions 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 sul>st?llltlally in proportion to the benefits to the respective parcels oi' property by means of the improvements in the unit t'ol who h such assessments are levied and estalllish sullstaniial ;lustic:e and equality and uniformity Iletween the respective owners of the respective properties, and lletween all pai~ttes concerned, considering the Ienefits 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 h~ means of the said improvements m the unit upon w hic•h the particular )n•operty abuts and for ~ hlc•h assessment is levied and charge made, in a sum in excess of the said assessment and c•h~u•ge made against the same In this ordinance and further finds that the apportion- ment of the cost of the improvements is in aecordanre wlth the law in force in this City, and the proceedings of the (~it.~ heretofore had with reference to said iml)rov:~rrunts and is in all respects valid and regular III 'There shall Ile, Auld is herein lei ied and assessed agsunst the parcels of l.n•opert~ herein below mentioned, and agalnst Lhe real <lnd tl'Ue c)w'Ilel'S tllei'eOf (w hE9thE'1' snC'h uw Hers be correc•tl~ named herein or not) the sums of money itemised i)elow opposite tl,e desc rlption of the respec tit e parcels of property and the sevel•al amounts assessed against: the same and the Owilel':~ thei•eot' as far as such owners are l:nuwn 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 become due and payable as follows, to-wit. in five (5) equal installments, due respectively on or before thirty X30) 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 .5 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 Foxt Worth, or its assigns, payment of said sums shall be enforced by suit in an_y court of competent jur- isdiction, or as provided in any mechanic's or materialman's contract as aforesaid, and said City shall exercise all of its lawful powers to aid in the enforcement and collec- tion of said assessments. .~ VII. The total amount assessed against the respect.IVe parcels of abutting property, and the ownel•e; thereof, is in accordance with the proceedings of the City relating to Bald improvenie~nts and assessments thereof, and is less than the proportion of the cost allowed and permitted lw the law n i'orce In t.lle 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 t;he right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate Notwithstanding the City Council has herein reserved the right to issue credits, it shall not be required to issue credits, and will not do so, if same would result in anv equity and/or unjust 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 liel•eafter 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- erty and the ow•nei•s 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 respectn e assessments less the amount of any re- spective credit allowed thereon shall be issued 1>y the City c>f Fort ~'l'orth Texas, upon completion and accept- ance by the Citt of the improt-enients in each unit of improt ement as file woi 1. in such unit is completed and accepted which cei•iificates shall be executed b~ the mat or in file Hanle ui' the City and attested by the City Secretary, with the corpol ate seal of the City in-~pressed thereon anti shall Lie pat ~Ible to file City of Fort Worth, or its assigns and shall declare the said amounts dine and tennis ut' 1;trvment rate of interest, and the date of the completion and acceptance c'>f the m~prot•ements abutting ulum such property for which tl~~e certificate is issued, and shall contain the name of the owner of owners if hn~~~t n desc i option of the property lay lot and block nEimber or• front feet thereon of such other desuption as mat otlierw~se iclentifv the same, and if the said property shall be owned by an estate, then the description of same as su uwneil shall be sufilic~ent and no error or mistake in descril.;ing ant property c,i in ~•itina• the Hanle of the uttnel sh~Ell invalidate or in am•wise impair such certificate to the assessments let led The certificates shall prof ide substantiallt that rt• same shall nut l~E~ part pruniptlt upon maturity, then they shill he collet tal.;le with reasonable atturnet s fees <u,d ~~u•,t s of , ull~~c tu,n if incurred, and shall provide substantiallt that the amounts etidenced therebt shall be paid to the Assessui and Collector of faxes of the City o.f Fort ~~'orth 'texas who shall issue his receipt therefu~ a hit I. sh i)I be et idence of such payment on anv demand for the same, and the Assessor anti Collector of Tapes ~haii deposit ~.he sums so received by him forth- with with the Citt Treasurer to be Dept and held bt him in a separate 1•unl and when ant payment shall be made lr t11P, Clt~ file ASSeS80r Gild C(~lle(to1 C)f '1'axPti u1i011 °.u(h ~ el'tlht 1tP Shall Uj)Oli I)i'eSPntatlon t0 him Of the certifcate bt the holder tlieieof endc,ise said pat nient thr!•eui' if suc l~ ce, lilicate be assigned then the holder thereof shall be entitled to rec•ei~e from the Cctt '1'ieasuicr file ~uni~,En~t paid itpun the presentation to him of such certificate so endorsed and c•rediteri , and such endnrsencc~nt ;iud ~ ~~~iit shall be the Treasurer's Warrant for making such pavnient Such payments ht the 'I'reasui•et shall !,e >cce,l teri fog the l~oldei of such certificate in writing and by surrender thereof' when the ln•ine~pal t.><,~etl ~ i tt~th ~~~ c ~•uecl interest and all costs of collection and reasonable attorneys fees if incurred hate been p ud in full Said certificates shall fiu•thei recite substantiallt that the pi oceedings ~~ ith reference to making the improvements hate been i•egularlt had iii compliance w ith the 1 ,~~ ir.d tl <it all prerequisites to the fixing of the assessment lien against the property described in such ~ ei ! lilt ate cnd t.lie person,,l hahiiit~ of the owners thereof have been performed and such recitals shill l;e prirr~a facie et id< nc ~~ ~ 1' ,I! file mats erti recited in such certificates, and no further proof thereof shall be required in <uit court. Said certificates mat hate conpuns attached ti~ei etu ui et i dent e of each n any of the set ei al installments thereof, or mat hate coupons for each of the first four installments, leat•in~~ the main cei•tifi<ate to serge for the fifth installment which coul>uns may he li;itabie to the Citt of Fcn•t t'l orth, or its assigns mat 1>~ signed with the facsimile signatures of the ;~~lavoi <ind Citt~ Secretary f ,. r . ~ . 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 unite 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 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 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 this day APPROVED AS TO FORM AND LEGALITY 19~- ity Attorney III 1. II! 7 .1 I 'I ~., I.~ Ili,. }I i i ~i li .. {, i i 'd ~.I }i. tl EIY ~ I Y I .' PROJECT N0. 21-036708-00, DERIDDER AVENUE FROM AARDY STREET TO WEBER STREET, to be improved by construc- tion of 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 required. OWNER NORTH SIDE Alfred F. Miller 4420 Hardy Fort Worth, TX 76106 BLOCK LOT ZONING 17 Lasko Metal Prod. Inc. 1 820 Lincoln Ave. P.O. Box 891 Westchester, PA. 19380-0294 WEBBF~It STREET INTERSECTS Northwood Apt. LTD 25 C/o Calvin S Coe, Inc. 1001 Hill Street Grand Prairie, TX 75050 50 A-Res. I-IND. FRONTAGE RATE SABINE PLACE N0. 6 ADDITION 120' Existing Facilities LASKO INDUSTRIAL ADDITION 438' pavement 438' curb & gutter 418.75 SF Driveway SABINE PLACE - N0. 6 42 376' pavement 29.49 11,088.24 DHItl-M/F 376' curb & gutter 8.59 3,229.84 -0- 18,266.10 14,318.08 Rudolph L. Martinez 24 42 120' Existing Facilities 4320 Hardy ForC Wbrth, TX 76106 -0- COST TO PROPERTY OWNERS COST TO CITY OF FORT WORTH TOTAL ESTIMATED CONSTRUCTION COST 29.49 12,916.62 8.59 3,762.42 3.79 1,587.06 AMOUNT ASSESSMENT $32,584.18 $32,445.33 $65,029.51 -1- r ~~_:~ h'~ GT1tMANAGEft 1. P.000UNTING .2 ~i~~ ®~° 1~®~°~ ~U~~°~~., ~C~.~~~ .Mayor and ~ou~.~il ~o~rrs„~,~,n~~a~i~n TRANSPORT~r~nt,~loiiat sr wnnxa_rl DATE REFERENCE suB~ECT BENEFIT HEARING - ASSESSMENT PACE NUMBER PAVING OF DERIDDER AVENUE FROM 2 12/18/84 G-6186 HARDY STREET TO WEBER STREET lof. On November 20, 1984 (M&C C-8730), the City Council declared the necessity for and ordered the improvements on DeRidder Avenue, Project No. 21-036708-00, as described below. A construction contract was awarded to Bob Moore, Inc., in the amount of $56,547.40, and December 18, 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 November 30, 1984. Project Description Roadway R.O.W. Street Limits Width-Feet Width-Feet DeRidder Hardy Street 30 50 to 60 Avenue to Weber Street Origin of Project On December 27, 1971 {M&C C-2134), the City Council approved Community Facilities Agreement No. 7033 for the development of Lot 25, Block 42, Sabine Place Addition No. 6 (Nor.thwood Apartment complex). DeRidder Avenue was included as a border street on the north side of the development to be improved on the assessment basis. DeRidder Avenue was not constructed due to the land on the north side of the street being undeveloped and access to the apartments was available from Weber Street on the east. On December 21, 1982 (M&C C-6677), Community Facilities Agreement No. 12842 was approved for the development of Blocks 1 and 2, Lasko Industrial Addition. DeRidder Avenue is also a border street on the south side of this development to be improved on the assessment basis. It is the staff's opinion that the improve- ment of DeRidder Avenue is now required to provide access from the west and that the project should proceed at this time. On April 14, 1984 (M&C G-5951A), the City Council authorized the Director of Transportation and Public Works to design the project with in-house forces and advertise the project for bids. Improvements This segment of DeRidder Avenue will be improved with 7" hot-mix asphaltic con- crete pavement with concrete curb and gutter and concrete driveway approaches where required. Storm drain facilities consist of two concrete valley gutters. The roadway will be 30' wide as approved by the City'Council. Assessment and Enhancements In accordance with standard City Policy and the low bid unit prices, the pro- posed assessment against adjacent properties is $32,584.18. Cost to the City for construction is approximately $23,963.22, plus $8,482.11 (15~) engineering. DATE REFERENCE NUMBER SU~3JECT BENEFIT HEARING -ASSESSMENT PAGE 12/18/84 G-6186 PAVING OF DERIDDER AVENUE FROM 2 oft Based on previous appraisals of like property, considering the improved access with the new pavement and curb and gutter and improved drainage as a result of continuous curb and gutter, 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 pro3ect. Recommendation It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed. DAI:ds 4 APPRQVEU BY CITY COUNCIL DEC 1.8 8984 ,,//~~ City SecI@44zy Of t~l@ City of ~ > SUBMITTED FOR THE CITY MANAGER'S ~ DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY [] APPROVED ORIGINATING DEPARTMENT HEAD• G3r3T L. Santerre ~__I OTHER iDESCRIBE) CITY SECRETARY CONTACTTIONAL INFORfY1QeD41 Schmidt EXt. 785 /~ - Ado ted prdmance No ~ DATE / ~1 ~,., ~'a v~ \ ~~