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HomeMy WebLinkAboutOrdinance 8802~ '~ ORDINANCE NO.~~ ~~- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_~LEY:._iJNIT I BETWEEN N. MAIN.. ~ FT,T.T~ AV$„~__,__ AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS: FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF: PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI- CATES IN EVIDENCE WHEREOF: RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED: DIRECTING THE CITY SECRETARY 't'0 EN• GROS$ 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, hae 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 ALLEY: UNIT I From N.W. 24th Street to N.W. 25th street, between North Main Street and Ellis Avenue, known and des- ignated as Project No. 029-024303-00, Unit I, a six- inch thick reinforced concrete pavement on a six-inch compacted subgrade, soy that the finished roadway will be sixteen feet wide. six-inch thick concrete ,driveway approaches will be constructed where specified:. i• 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 M. A. Vinson Construction Co. 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~h~.day of-Maw , 19~_, ~~~~ A=M_ , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit that that. that ted that _-_ __protested that ted that __.. ___._____-_-____ ._ _ -_-__protested that ______protested that - __ _protested that __--- -..------------------.---protested that and said hearing was E°ontinued 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, js of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered til)Vb 'I'I[N:hrL:FOF.L: I3E IT ORDAINED BY THE CITY COt1NCIL OF THE CITY Oh' FORT WORTH, 1'b:XA~, 'I'NA7' I. tiaid hearin~• be and the same is hereby closed and the said In•otesti ~rnd objections, and any and all other' I)rotests and objections, whether herein enumerated or o-• not, be and the same are hereby, overruled. II. The City Council from the e~idenc•e finds that the ~rssessments herein levled should be made and levied against the respective parcels of prupert~ abutting upon the said purtluns of streets, avenues and public places and rigainst the owners of such prol)ert~, and that such assessments and (Barges are right ~tnd proper and are substantially in proportion to the I)enetits to the respective parcels of property by means of the improvements 111 the nrrlt fol' WI11('ll such assessments are levied, ~lnd estabBsh substantial ,justice and eyraality and uniformity between the respective owners of the respective properties and between all p~irties concerned, considering the benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said property b~ means of the said improvements in the unit upon which the p<u•ticular property abuts and for ~ hic•h assessmelrt is levied and charge made, in a sum in excess of the said assessment rind charge made against the same b~ this ordjnanc•e and further finds that the appor•tion- ment of the cost of the improvements is in accordan~•e ~tiith the law in force in this City, and the proceedings of the Cit. heretofore had ~ti ith refe~•ence to said iml)ru~ ~>nurnts and is in all respects valid and regular III 'There shall be, and is Bereb~ lei ied and assessed <]garnst the parcels of propei•t~ herein below mentioned, and agillnst thf: 1'eill illld true ONiIPI'S thel'eOf (~tihetllel• sUEll inners be correc•tl~ named herein or not) the sums of money itemired below opposite the description of the respe(ti~e parcels of property and the several amounts <]ssessed against: the salrie and the owners the-•eot' as far as sucB owners al•e l:nuwn 1)eing 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 col,.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 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 s..x :^ ~' r . .. 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. J _ r X „ r viz. 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 n force in fire 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 t.o certain property owners where deemed appropriate Notwithstanding the City Council has herein reserved the rig}rt to issue credits, it shall not be requrr•ed 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 lw the City Council as a credit against the respective assessments IX. For the purpose of evidencing the several sums assessed against the respective l~ai•cels of abutting prop- erty and the owners thereof, and the time and terms of payment and to aid in t:he enforcement and collection thereof, assignable certificates in the principal amount of the respecti~ e assessments less the amount of any re- spective credit allowed thereon shall be issued by the City of Fort «'orth, Texas, upon completion and accept- ance by the Cite of the impro~-enrents in each trait of improt enrent as the woi 1. in such unit is completed and accepted, which certificates shall be executed b~ the ma~o- rn t.lre name of the City and attested by the City Secr•etarv, with the corporate seal of the Cite in,ln•essed thereon and shall lie lrayable to the City of Fort Worth, or its assigns and shall declare the said amounts, time and term: ul' pay meat rate of interest, and the date of the completion and acc•eptanc•e of the improvements abutting upon such property for which tl,a certificate is issued, and shall contain the name of the owner or r,wners rf icnr~~~ n clr'sc i ~ptrun of the property by lot and block number or i'ront feet thereon of such other rlesuptron as may utl~er~~rse identify the same, and if the said propei•t~ shall be owned by an estate, then the description of same as ~„ uw ned shall be sutfiicient and no error or mistake in describing am prol>ert ~ or in ~•i~ ing the name of th~> u» net sh..di rm alidate or in anywise impair such certificate to the assessments lei red 'Phe certificates shall prop ide substantially drat if sanrc shall nut be paui prunrptl~ upon maturity, then they sh:r11 he cc~,llec•talrle with reasonable attorney s fees urd c o•;t. of ~ ollec trait i~f incarred and shall provide substantially that the amounts e~irlenced therel,~ shall l.~e paid to the Assessor and Collector of Taxes of the City of Fort ~'t'orth Texas who shall issue his rec•erpt therefor ~~ hrr I. sh,,il be e~ ~dence of such payment on any demand for the same and the Assessor and Collector of "['aces shall deposit r.he sums so received by him forth- with with the City Treasurer to be kelit and held b~ him in i separate fund and when any payment shall be made rr the City the Assessor and Collector of 'faxes ui,on °,urh ,ertrlieate shill upon presentation to him of the certificate b~ the holder thereof enclurse card pay nrent thc~rc•ul' li' suc lr certificate be assigned then the holder thereof shall be entitled to rec•ei~e from the Crt~ Treasurer the umunrr+. l,r<rid upoir the presentation to him of such certificate so endorsed and credited, and such endnr•sen,f~nt rrr,i r+~riit shall be the Treasurer's Warrant for making such pavrrreni Such payments h~ the 'Treasurer shall I,e rt•ccrl red fcn the holder of such certificate in --~ writing and by surrender thereof when the ln•inc,pal t.rrt•etl cr ~.~ilh ,.,~ c rued intr>rest. and all cost.; of collection and r•easonahle attorney's fees ii' incurred have been p<ud in full Said certificates shall further recite substantially that the pr•ocee,lnrgs ~~•rth reference to making the improvements ha~.e been reg•ularl~ had in comphanc•e ~tiith the 1 ,~~ rrni that ail prerequisites to the fixing of the assessment lien against the property described in such ~r>riliicate uul thcr per•sunal irabilit~ of the owners thereof have been performed and sur h recitals shall !ie prima facia e~ rrl.r rn ~~~ ~ !• ill tl,e rn rtterti recited rn sueh certificates, and no further proof thereof shall be required ur any <•cnu•t Said certificates may have coupons attar bed ti,eretu ur e~ rrienc e of ear lr ,r an. of the see er al installments thereof, or may hzr~ e coulrons for each of the first four installments, leap in,' the main c•er•ti(icate to serve for the fifth installment which coupons may he p:r~ able to the Cit\ oi' Fort ~'l orth or its assigns may be signed with the facsimile signatures of the l~'Iavor anti Citt Secretary ~. 1 .. 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 property described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve- ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the assess- ments therefor in any other unit. XIII. The assessments levied are made and levied under and by virtue of the terms, powers and. provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and now shown as Article 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. -=~__ PASSED AND APPROVED this day of 19___. APPROVED AS TO FORM AND LEGALITY City Attorney ~ - . r~ ,, <, ... PROJECT N0. 029-024303-00, UNIT I: ALLEY FROM N.W. 24TH STREET TO N.W. 25TH STREET BETWEEN NORTH MAIN STREET AND ELLIS AVENUE, to be improved with six-inch thick reinforced concrete pavement on a six--inch thick compacted subgrade, so that the finished roadway will be sixteen feet wide. Six-inch thick concrete driveway approaches will be constructed where specified. BLOCK OWNER LOT ZONING WEST SIDE Sam Atchley, Trustee 24 20 413 Town Creek Drive Ind. Euless, Texas 76039 FRONTAGE RATE AMOUNT ASSESSMENT M.G. ELLIS ADDITION 50.0' Pavement $18.97 948.50 948.50 Alice M. Walters 23,22 20 P.O. Box 3139 & 4 Ind Taos, New Mexico 87571 190.0' Pavement $18.97 3,604.30 3,604.30 EXCHANGE AVE.INTERSECTS Cliff Music Co., Inc. 17 2532 NE Loop 820 So. Fort Worth, Texas 76107 20 Ind. 90.0' Pavement $18.97 1,707.30 1,707.30 Franklin-teddy Corp. 14,15 20 2455 N. Main Street & 16 Ind. Fort Worth, Texas 76106 150.0' Pavement $18.97 2,845.50 2,845.50 SUBTOTAL THIS PAGE $9,105.60 -1- PROJECT N0. 029-024303-00, UNIT I ALLEY FROM N.W. 24TH STREET TO N.W. 25TH STREET BETWEEN NORTH MAIN STREET AND ELLIS AVENUE, continued BLOCK OWNER lAT ZONING FRONTAGE RATE AMOUNT ASSESSMENT Wilson D. Franklin 13 20 P.0. Box 9073 Ind. Fort Worth, Texas 76107 25TH STREET INTERSECTS EAST SIDE Charles Simons Co. Inc. W40' 20 P.0. Box 4338 -12 Ind. Fort Worth, Texas 76106 M.G. ELLIS ADDITION 50.0' Pavement 50.0' Pavement $18.97 948.50 $18.97 948.50 948.50 948.50 Marion Gibbs, 10 & 20 Cherry Gray & 11 Ind. Gerald Hartmon, Jr. 2465 N. Main Fort Worth, Texas 76106 100.0' Pavement $18.97 1,8$?.00 1,897.00 Franklin-Caddy Corp. 9 20 2455 N. Main Ind. Fort Worth, Texas 76106 50.0' Pavement $18.97 948.54 948.50 SUBTOTAL THIS PAGE $4,742.50 -2- ~:! PROJECT N0. 029-024303-00, UNIT I: ALLEY FROM N.W. 24TH STREET TO N.W. 25TH STREET BETWEEN NORTH MAIN STREET AND ELLIS AVENUE, continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT Naomi Moore G 4613 Woodmont Fort Worth, Texas 76117 EXCHANGE AVENUE INTERSECTS M.G. ELLIS ADDITION 20 70.0' Pavement Ind. 155.0 Sq.Ft.Driveway Catherine M. Burkett E & F 20 5425 Northcrest Road Ind. Fort Worth, Texas 76107 60.0' Pavement 37.97' Pavement (8' Wide) $18.97 1,327.90 5.52 855.60 $18.97 1,138.20 28.24 1,072.27 2,183.50 2,210.47 Dolores Alberts D ~ N 20 878 Norman Place 1/2-3 Ind. Los Angeles, CA 90049 25.0' Pavement 37.97' Pavement (8' Wide) $1S 97 474.25 28.24 1,072.27 1,546 52 Roy & Charlene Manly Sl/2-3 20 3510 East Lancaster N4-2 Ind. Fort Worth, Texas 76103 29.0' Pavement 859.0 Sq.Ft.Parking Lot $18.97 550.13 3.56 3,058.04 3,608.17 SUBTOTAL THIS PAGE $9,548 66 -3- ~f t R .. a PROJECT .NO. 029-024303-00, UNIT I: ALLEY FROM N.W. 24TH STREET TO N.W. 25TH STREET BETWEEN NORTH MAIN STREET AND ELLIS AVENUE, continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT M.G. ELLIS ADDITION Mr. Sullivan S331/3 of 20 c/o Sullivan Sales N371/2-2 Ind. 33.5' Pavement $18.97 635.50 2405 N. Main Fort Worth, Texas 76106 635.50 James H. Griffith 1 ~S 20 62.5' Pavement $18.97 1,185.63 2403 N. Main 12.5'-2 Ind. Fort Worth, Texas 76106 1,185 63 COST TO PROPERTY OWNERS (ASSESSMENTS) $25,217 89 COST T~0 CITY OF FORT WORTH 50,830 59 TOTAL ESTIMATED CONSTRUCTION COST UNTT I $76,048.48 -4- .I`q~~'~y`* .. ~~~ CITY. MANAdER•L' ~~~®~ ~~~ ~~~~~~~ ~®~~~~~~~~~®~ %1000UNTINO•.2 ANS~ORTA IO~~PTI~BLIC WOftR~+~ REFERENCE SUBJECT t~enetit Clearing = Alrey av ng PAGE NUMBER and Drainage Improvements 2 5/10/83 G-5617 Stockyards Area for On April 1?, 1983 (M&C C-6844),. the City Council declared the necessity for and "'"-~~~~ ordered the improvements on Projects No. 029-024-303-00 (Construction) and 030- 024.-30=3-00=(Engineering) as described below. A construction contract was awarded .F----- --to M.A. Vinson Construction Company, Inc., in the amount of $162,933'.19 and --~-- ---- - May 10, 1983, was set a's the date for the benefit hearing on Unit I only. All of '- the adjacent property owners were notified of the hearing by certified mail on April 22, 1983. Project Description Roadway R.O.W. :Unit Street Limits Width - Feet Width - Feet I. Alley - Between N.W. 24th St. 16 20 N. Main St. and to N.W. 25th St. Ellis Avenue II. ,Storm Drain From Unit I N/A In existing System to Marine Creek right-of-way Channel @ N.W. 25th Street Origin of Project For several years, the City has had complaints from property owners adjacent to Unit I regarding flooding of several businesses during heavy rains. On April 20, 1982 (M&C G-5279), the City Council authorized the Director of Transportation and Public Works to design and advertise the project for bids. In order to completely solve the drainage problem in the above alley, a drainage system is required. In addition, the Stockyards Committee has been working with the staff since May, 1982 to correct the drainage problem at West Exchange Ave- nue and North Main Street. Unit II will correct both problems. Improvements Unit I will be improved with six-inch reinforced concrete pavement, sixteen (16) feet wide with concrete driveway approaches where required. There is also a short east/west alley, twenty-four (24) feet wide, just south of West Exchange Avenue that will be improved in this project as well as two parking areas. The later at the total cost of the owners thereof. ~ DATE REFERENCE SU3JEC7 `S'ene~i~Hearing - ey awing PAGE I 5/10/83 NUMBER G-5617 and Drainage Improvements 2 2 Stockyards Area of i Unit II will consist of 816-feet of concrete storm drain pipe and appurtenances, complete with repair of West Exchange Avenue and North Main Street along the route of the storm drainage system. Assessments and Enhancements I In accordance with M&C G-5279, approved by the City Council on April 20, 1982, property owners adjacent to the two alleys are being assessed for 2/3 of the i complete pavement cost plus 6 percent engineering, with the City paying for the center 1/3 plus miscellaneous items which are not assessable. The proposed assessments amount to approximately $25,217.89, including the parking areas. Cost to the City for Unit I is approximately $41,491.30, plus $9,339.29 (14%) engineering. Storm Drain cost, Unit II, to the City is $96,224.00, plus $13,471.36 (14%) engineering. Considering the improved access to businesses and. parking areas and the improved drainage, it is the opinion of the Department of Transportation and Public Works that each parcel of property being assessed, will be enhanced in value by an amount equal to or more than the proposed assessment. Recommendation It is recommended that an ordinance be adopted closing the benefit hearing and i levying the assessments as proposed. DAI jc t i I f __ I I APPROVED DY j CITY CCUt~CII. MfAY 1® n~~ ~ ~~~- c~~ ~a.e~„ ®x w. ~~:~ ~ SUBMITTED FOR THE / ~~ ) CITY MANAGER'S ~ ~I ~ J/' ~ DISPOSITION BY COUNCIL PROCESSED BY -- _ OFFICE BY (~;~ ~~~ ~~ APPROVED ORIGINATING ~ i,=) OTHER (DESCRIBE) i, DEPARTMENT HEAD Gary Santerre 1 CITY SECRETARY ~ FOR ADDITIONAL INFORMATION CONTP.CT Odell Schmidt Ext 7805 A 'OPTED ORDINANCE N0 . A ' • ~.