HomeMy WebLinkAboutOrdinance 5251 ORDINANCE NO.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF ITNIPROVING A PORTION OF_ _ �:er�.i�:l,_ _^.nnt
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES TIN THE
CITY OF FORT WORTH, TEXAS: FIXING CHARGES AND LIENS AGAINST ABUTTING
P "PE T Y THEREON, AND AGAINST THE OWNERSI,HER.EOF: PROVIDING FOR YHE
0i—LIE ION Or' SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI-
CATES IN EVIDENCE THEREOF: RESERVING UNTO THE CITY COUNCIL THE R-GH:
TO ALLOW CREDITS REDUCING T.AE AMOUNT OF THE RESPECTIVE ASSESSMENT TO
TaAE EXTENT OF ANY CREDIT GRANTED: DIRECTING THE CITY SECRETARY TO EN-
GROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SANTE IN THE
IMINITTES OF THE CITY COUNCIL OF'FORT WORTH, AND BY FILING THE ORDINANCE
IN THE ORDINANCE RECORDS OF SAID CITY: AND PROVIDING AN EFFECTIVE BATE.
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:
p
I. I'lerrick :street Fro:a ?,'est Freeway to Bryce venue., kn=va and
Lames '-Vaa`Led as Jit t No. I r3 r
.Yu:lf,.dl YV G/�ayLiJ1
asrp inl tia concrete surface on a 7 inch cement
stab.:Uzed gm.vol base on a variable 38—foot to
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60--foot roadway.
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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
for the making and construction of such improvements on the above said portion of streets, avenues and public
places.
1 WHEREAS estimates+
ma,,es 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 ' j day of—.
in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at
such hearing the following protests and objections were made, to-wit:
_protested that
i
protested that
-- protested that
--protested that
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,
fully considered all proper matter, is of the opinion that the said hearing should be closed and assessments
should be 11'—dc and levied as herein ordered:
NOW THRREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, THAT:
I.
'I Said hearing be, and the same is hereby, closed and the said protest and objections, and any and all other
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protests and objections, whether herein enumerated or or not, be and the same are hereby, overruled.
II.
The (Jtv Council, from the evidence, finds that the assessments herein levied should be made and levied
against the respective parcels of property abutting upon the said portions of streets, avenues and public places
,i 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 for which such assessments are levied, and establish substantial ,justice and equality and uniformity
between the respective owners of the respective properties, and between all parties 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 by means of the said improvements in the unit upon
which tl,e particular property abuts and for which assessment is levied and charge made, in a sum in excess of
the said assessment and charge made against the same by this ordinance, and further finds that the apportion-
ment of the cost of the improvements is in accordance with the law in force in this City, and the proceedings of
the City heretofore had with reference to said improvements, and is in all respects valid and regular.
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III.
There shall be, and is hereby, levied and assessed against the parcels of property herein below mentioned,
and against the real and true owners thereof (whether such owners be correctly named herein or not) the sums of
money itemized below opposite the description of the respective parcels of property and the several amounts
`1 assessed a-p•ainst the same, and the owners thereof. as far as such owners are known, being as follows:
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1ST•
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 proportion as its, his or her respective interest bears to the total ownership of such
property, and its, his or respective interest in such property may be released from the assessment lien upon pay-
ment of such proportionate sum.
V.
j The several sums above mentioned and assessed against the said parcels of property, and the owners
thereof, and interest thereon at the rate of six per cent (6C�) 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 t
District and City ad valorem taxes. o all other liens and claims, except State, County, School
l The sums so assessed against the abutting property and the owners thereof shall be and become due and
payable as follows, to-wit: in five (5) equal installments, due respectively on or before thirty (30) days, one (1),
two (2), three (3), and foul, (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 six per cent 61c'
install-
ment, except as to the first installment, which shall be due and payable at the payable per annum, atu ity thereof, solthat uponthe
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 maturityby a
ymet accrued interest, and Provided further that if default shall be made in the payment of pn ncoipalr or crinte esdt
promptly as the same matures, then the entire amount of the assessment upon which such default is made shall,
at the option of said C`v 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 incurred, 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 assesed 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 installments 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 North 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 abutting property in
trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against
such property.
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If default shall be made in the payment of any assessment, collection thereof shall be enforced either by
I the sale of the property by the Assessor and Collector of Tates of said City as near as possible in the same man-
ner provided for the sale of property for the non-payment of ad valorem taxes, or at the option of the City of
I Fort Worth, o• its assigns, payment of said sums shall be enforced by suit in any court of competent jurisdic-
tion, 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 collection of said assessments.
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The total am punt 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 the City.
Villi.
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 deternnined by deducting from the amount of any assessment
hereinabove levied such amount or amounts,
against the respective assessments. if any as may hereafter be allowed by the City Council as a credit
1X.
For the purpose of evidencing the several,sums assessed against 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 respective assessments less the amount of any re-
spective credit allowed thereon, shall be issued by the City of Fort Worth, Texas, upon completion and accept-
ance by the City of the improvements in each unit of improvement as the wort: in such unit is completed and
accepted, which certificates shall be executed by the mayor in the name of the City and attested by the City
} Secretary, with the corporate seal of the City impressed thereon, and shall be 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 or owners, if known, description of the property by lot and block
number, or front feet thereon, or such other desciption as may otherwise identify the same; and if the said
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property shall be owned by an estate, then the description of same as so owned shall be sufficient and no error or
mistake in describing any property, or in giving the name of the owner, shall invalidate or in anywise impair
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such certificate, to the assessments levied.
The certificates shall provide substantially- that if same shall not be paid promptly upon maturity, then
they shall be collectable, with reasonable attornev's fees and costs of collection, if incurred, and shall provide
substantially' that the amounts evidenced� thereby shall be paid to the Assessor and Collector of Taxes of the
City of Fort �orth, 'Iexas, who small issue his receipt therefor, which shall be evidence of such payment on any
demand for the s<u>>e, and the Assessor and Collector of Taxes shall deposit the sums so received by him forth-
with with the Cit%- 'Treasurer to be kept and held by him in a separate fund, and when any payment shall be
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made in the City the Assessor and Collector of Tapes upon such certificate shall, upon presentation to him of
the certificate by the holder thereof endorse said payment thereof. If such certificate be assigned then the holder
i thereof shall be entitled to receive from the City Treasurer the amount paid upon the presentation to him of
a such certificate so endorsed and credited; and such endorsement and credit shall be the Treasurer's Warrant for
I malting such payment. Such payments by the Treasurer shall be receipted for the holder of such certificate in
writing and by surrender thereof when t11e principal, together with accrued interest and all costs of collection
and reasonable attorney's fees, if incurred, have been paid in full_
Said certificates shall further recite substantially that the proceedings with reference to making the
improvements have been reguularly had in compliance with the law, and that all prerequisites to the fixing of the
assessment lien against tile" described in such certificate and the personal liability of the owners thereof
have been performed, and such recitals shall be prima facie evidence of all the matters recited in such certificates,
and no further proof thereof shall be required in any court.
Said certificates may have coupons attached thereto in evidence of each or any of the several installments
thereof, or may have coupons for each of the first four installments, leaving the main certificate to serve for the
fifth installmer.- „l,c,ns may be payable to the City of Fort Worth, or its assigns may be signed with the
facsimile 5igri<iu i r� of -Lhe flavor 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
ments therefor in any other unit.
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.
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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 Fortietli Legislature of the State of Texas, known as Chapter 106
of the Acts of said Session and now shown as Article 110K 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.
1 RI VT.
The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same
in the 'Kinut:e nook of the City Council of Fort Word,, Texas, and by filing the complete Ordinance in the appro-
priate Ordinaii,.,(- '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
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APPROVED AS TO FORM AND LEGALITY:
City--Attorney ----- —.__._...—-------_.- k
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City Of Fort Worth, ` exas 1r, 17nelirt t5
Mayor and Council Communication
DATE REFERENCE SUBJECT: Street and Intersection PAGE
NUMBER
Improvements - Merrick Street and Camp 2
9/28/64 G- 699 Bowie Boulevard i °f On September 14, 1964, the City Council closed the hearing and levied the
assessments for Units II through VII of Project 094-27000-115, Reconstruction of
Gravel Base Streets at 7 Locations (M&C G-691) . The hearing was continued
on Unit I, Merrick Street, from the West Freeway to Bryce Avenue and it was
requested that plans be revised to provide for a 60-foot roadway between the
West Freeway and Camp Bowie Boulevard. The additional widening will apply only
to the section of Merrick between Birchman and Camp Bowie, which was originally
proposed for 50--foot roadway. Merrick Street is now 40-feet in width between
Birchman and Camp Bowie.
The Merrick Street reconstruction will consist of the following:
Street Limits Roadway Width R.O.W.
Merrick Street West Freeway to Camp Bowie 60° 100°
Merrick Street Camp Bowie to Bryce 38 ` 100'
During the recomputation of assessments it was discovered that two items bid
separately by the contractor had been omitted in the assessment rate used
originally. Inclusion of the cost of the items previously omitted and proration
of the cost of the additional widening has resulted in an increased property
owners° share of $663.34. The total cost is estimated to be $1,045.00. The
net increased project cost to the City at-large is estimated to be $381.66.
It is the opinion of the Public Works Department that each parcel of property
is benefitted in an amount equal to or in excess of the amount recommended for
assessment.
Intersection Improvements at Camp Bowie
The Traffic Engineering Department, in response to the City Council's request
for a study of the need for traffic signals at the intersection of Camp Bowie
Bo levard, Merrick, and Pershing, reports that existing traffic hazards at the
location can be relieved by extension of the median, provision of left turn
la es on Camp Bowie Boulevard, and channelization of Pershing Street. The
Traffic Engineer in.dicatec that it is not necessary"to install traffic signals
at the intersection at this time; however, conduits will be placed in
connection with the channelimtion in order that signals can be installed when
the volume of traffic justifies. A plan showing the proposed intersection
imp ovements is attached to this communication.
The limitation of left-turn and through traffic on Pershing will require
traffic moving from the west on Pershing to enter Camp Bowie on Prevost, which
is a short block to the west, and traffic moving from the east on Pershing to
enter Camp Bowie on Neville, which is a short block to the east of the
intersection. In order to facilitate the flow of traffic in connection with
the channelization, it is proposed that the paving of a one-block section of
DATE REFERENCE SUBJECT: Street and Intersection PAGE
NUMBER
Improvements - Merrick Street and Camp 2 2
9/28/64 C'�699 Bowie Boulevard °f
Neville Street between Pershing and Camp Bowie Boulevard be initiated by the
City and included in a future assessment paving project. The paving of Neville
Street is estimated to cost. $5,000.
The intersection revision is estimated to cost $17,000, excluding the Neville
Street paving.
It is recommended:
1) That an ordinance be adopted closing the hearing and levying the
assessments on Merrick Street as proposed;
2) That authority be granted to prepare plans and specifications for the
revision and channelization of the Camp Bowie, Merrick and Pershing
intersection;
3) That authority be granted to prepare plans and specifications for the
assessment. paving of Neville Street from Camp Bowie Boulevard to
Pershing Avenue, for which arrangements for financing will be made
when the contract is awarded; and,
4) That: the following Bond Fund Transfers be approved.
AMOUNT FROM TO PURPOSE
(a) $ 663.34 Revolving Fund Reconstruction at 7 To provide for the
Locations, 094-27000- property owners' por-
115 tion of the cost of
widening Merrick Street
an additional ten feet.
(b) $17,000.00 097-35000-901, 097-35000-125, Camp To provide funds for
Unspecified Bowie at. Merrick engineering, miscell-
aneous costs and award
of the construction
contract for this
project.
JLB-CM
Attachments
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCEAPED BY
❑ APPROVED CR OTHER (DESCRIBE)
f Adopted Ord. No. 5251 closing hearing and CITY SECRETARY
levying assessments on Merrick Street and DATE
�i.ze Bona Fund Transfer N9 4(a),QTY
CITY MANAGER the amount of $663.34.
9-28-64