HomeMy WebLinkAboutOrdinance 8736
ORDINANCE NO.--d11.,~.fa--
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_ _ cARNATION 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 SECRETARY 'I'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 ftiiing same and by constructing thereon to-wit
CARNATION AVENUE From 400' East of Sylvania Avenue to Blandin Avenue,
known and designated as Project No. 029-024-302-00, a
three-inch thick hot-mix asphal-tic concrete pavement
surface on a six-inch thick cement stabilised subgrade
with seven-inch high concrete curb and eighteen-inch
wide concrete gutter on a twenty-eight foot wide road-
way. Six-inch thick concrete driveway approaches will
be constructed where specified.
~ ~?~ ~ ~ -
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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 L . Grimes & 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 pubic
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 15th day of February
19~_, i n : nn 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
_ protested that
- protested that
protested that
that
---- -- ~ __protested that
_protested that
__ -___. _ -_.._-__ _.___-_ __protested that
- -- - ---- -- --- -_ - -- --- -- ------_--protested that
ted that
__protested that
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and said hearing wars 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 m~rde and levied as herein ordered
BE IT ORDAINED BY THE ('ITY COLTN('IL OF THE CITY OF FORT WORTH,
1'i':SAS, '!'HAT
I.
tiaid hearing lre, and the same is hereby, closed and the said protest and ob,lections, and an•y and all other
protests Rird objections, whether herein enumerated or or not, he a-ld the sAme are hereby, overruled
II.
The (.its (uruxrl from the e~utenc•e finds that the assessments hereur levied should be made and levied
against the respec•ti~e parcels of property abutting upon the said portions of streets, avenues and public Maces
surd 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
i~r the unit for wlrrrh such Assessments are levied and establrsh sulrstantiAl justice and equality and uniformity
between the respectrve owners of the respective Irroperties, and between all pfu•ties concerned, considering the
benefits received and hurdeirs imposed, and further finds that in each case the abutting property assessed is
specially benefited in enhanced value to the said property lrv me~rns of the said improvements in the unit upon
which the pArticular property shuts and for v.hich Assessment is levied and charge made, in a sum in excess of
the said Assessment and charge made against the same lrv this ordinance, And further finds that the apportion-
ment of the cost of the improvements is in Acc•ordane•e ~~rth the law in force in this City, and the proceedings of
the <'it.v heretofore had v~ith reference to said impro~~~rtrents and is in All resl.~eets valid and regular
III
There shall he, And is hereby lei ied and <rssessed agArnst the parcels of property herein below mentioned,
And ag<rinst the real surd true owners thereof (~tihether such ov.ne-•s Ire correctly named herein or not) the sums of
money itemised heloyy opposite the description ot• the reslrec by e parcels uf• property and the several amounts
assessed Against the same and the owners the~•eof As far as sorb owners <rre known being as follows
~ ~ . ~ e .t*. `; .
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 (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 Pudic
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
~, ,. ~, ~~.:~ :k
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 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 respective parcels of abutting propert}-, 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 17y the law n 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 t.o 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 w ill not do so,
if same would result in any equity andjor unjust discrimination
The principal amount of each of the several assessment. certificates to be issued t]le City of Fort Worth,
Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment
hereinabove levied such amount or amounts, if any', as may hereafter be allowed by the City Council as a credit
against the respective assessments
IX
For the purpose of evidencing the several sums assessed against the respective l,arcels of abutting prop-
erty and the owners thereof, and the time and terms of pavment, and to aid in the enforcement and collection
thereof, assignal.ile certificates in the pi•incipa] amount of the respecti~ e assessments less the amount of any re-
spective credit allowed thereon shall be issued b~ the City of Fort ~~'urth Texas, upon completion and accept-
ance by the City of the improvements in each amt of impro~ ement as tl,e tioi 1. in such unit is completed and
accepted which eeriificates shall be executed by the nia~cir in the name of the City and attested by the City
Secretai°v, with the corporate seal of the City impressed thereon <ind shall lie li~tyable to ti;e City of Fort Worth,
or its assigns and steal} de~lai•e the spud amounts, time and terns. ,;1• l,a~ meat rate of interest and the date of
the completions and acceptance of the impro~ ements abutting upon such property for which the certificate is
issued, and shall s•ontain tl~ie name of the owner or c,w Hors if l:nn~~n dc~s, > >lit,on of the prupei•t.~ l.w lot and block
number or front feet thereon, of such other desciptaon as n;a~ utlier~use identify the same, and if the said
property shall be owned by an estate, then the description of same as su uw ned shall be sufficient and no error or
mistake in deseril.~ing any property c,r in gig ir.g the name of th,~ ~~~+ Her shall ins alidate or u; anywise impair
such certificate to the assessments let red
Tlie certificates shall prop ide substantially that if sane shall nut bs~ paid pruniptl~ upon mattn•ity then
they sh X11 be collet table with reasonable attorney s fees ~u,d ,-u t. of {~uli~>c tiun if incurred, and shall provide
substantially that the amounts evidenced there~l,~ steal{ be l,a~d to the Assessui ~~ind Collectui of Taxes of the
City of Fort Worth Texas who shall issue his i•eeeipt thei•efoi ~~ hirh sh ill lie ~~ idence of such pavment on any
demand for the same anti the Assessor and Col}ector <~t 't'axes shall deposit she sums so received by him forth-
with with the City Ti•easurei to be kept <uid heft h~ hint in , sE~parate fend and when any pavment shall be
made it the City the Assessor quid (oliectui of '1'a~es anon ~~,ri~ h ~,~rtrlic~ite shall raponi presentation to him of
the certificate b~ the holder thereof endorse said pay ment thr~i•euf li' sac 1i ccriiticate be assigned then the holder
thereof shall lie entitled to receive from the C'it~ Treasurc~i the :u7iu~nit l,<ucl ulx,n the presentation to him of
such certificate so endorsed and credited, and such end~~i•senicnt .ii!~1 r+~dit sh~;il Ise the Treasurer's Warrant for
n~iaking such pavment. Such payments b~ the Treasurer sh~cll l,e recC~l terl for the holder of such certificate in
writing and by surrender thereof «he~n the l:n•nicrpai t.,rt•eti~ci e~ith ~~<< rued iiitc~rest. and all costs of collection
and reasonable attorney's fees ii' incurred have been yi lid in full
Said certificates shall further recite substantially that the pi•ocec:,~itngs with reference to making the
improvements have been i•er•rrlar]} had in comphanc•e «ith the. l~c~, ~riicl tl <~t all prerequisites to the fixing of the
assessment hen against the prolerty des i•rbed in such <<~i•tifi,atz ,nd tlicr person,,) hahilit~ of the owners thereof
have been performed and such recitals shall be prin~ia facie e~ uls n~~ , !' ll thc• rn~rttc~r~ recited in such certificates.
and no further proof thereof shall be required in any ciiurt
Said certificates may have coupons attached ti~eretc~ ui e~ i ienxe of c~acfi ,r any of• the several installments
thereof, or may hive coul~xms for each of the first foul installments, le<c~ing the main certificate to serve for the
fifth installment< which couliuns nary be pat able to the City of Fcn•t 1'l urth ui it. assigns may be signed with the
facsimile signatures of the ~'}avur and Citt Sec retart
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Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful
powers, when requested so to do, to aid in the enforcement and collection thereof, and may contain recitals sub-
stantially in accordance with the above and other additional recitals pertinent or appropriate thereof, and it
shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof shall be
sufficient. The fact that such improvements may be omitted on any portion of any of said units adjacent to any
premises exempt from the lien of such assessments shall not in anywise invalidate, affect or impair the lien of
such assessments upon other premises.
X.
Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities,
either in the assessments or in the certificates issued in evidence thereof, is, in accordance with the law in force
in this City, vested in the City
XI.
All assessments levied are a personal liability and charge against the real and true owners of the premises
described, notwithstanding such owners may not be named, or may be incorrectly named.
XII.
The assessments so levied are for the improvements in the particular unit upon which the property
described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve-
ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts
assessed for improvements in any one unit have been in nowise connected with the improvements or the asaeas-
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 Worti-, 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 At o ey
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PROJECT N0. 029-024-302-00, CARNATION AVEPdUE FROM 400' EAST OF SYLVANIA AVENUE TO BLANDIN AVENUE,
to be improved by constructing a three-inch thick hot-mix asphaltic concrete pavement surface on a
six-inch thick cement stabilized subgrade with seven-inch high concrete curb and eighteetr-inch wide
concrete gutter on a twenty-eight foot wide roadway Si~inch thick concrete driveway approaches
will be constructed where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NORTH SIDE R.T. EVANS ADDITION
Melvin R. Bergstrom S290' & 103.29' Pavement $8.48 875.90
3311 Somerset Drive W103'- 5 103.29' Gutter only 3.51 362 55
76103
1,238.45
Eugene Foster E14' S290'- 5 52.00' Pavement $8.48 440 96
2713 Carnation Ave. W38' 5290'-6 52.00' Gutter only 3.51 182.52
76111
623.48
George Minor E52' -1 of 52.1' Pavement $8.48 441 81
2717 Carnation S290'- 6 52'.1' Gutter only 3.51 182.87
76111
624 68
J.B. YORK SURVEY
Beatrice Cunningham
C/0 Mamie Fields TR. 8-B 50.00' Pavement $8.48 424.00
2721 Carnation 50.00' Curb & Gutter 7.02 351.00
76111 85.25 Sq.Ft. Driveway 3.04 259.16
1,034 16
Gloria Mickael TR. 8-E 50.00' Pavement $8.48 424.00
2725 Carnation 50.00' Curb & Gutter 7.02 351 00
76111 85.25 Sq.Ft Driveway 3.04 259 16
1,034 16
Henry H. Brown TR. 8-A 73.2' Pavement $8.48 620 74
2604 Marlin 73.2' Curb & Gutter 7 02 513 86
76105 85.25 Sq.Ft. Driveway 3.04 259.16
1,393.76
Sam Rushing TR. 8-C 63 6' Pavement $8.48 539.33
2737 Carnation 63.6' Curb & Gutter 7.02 446.47
76111 85.25 Sq.Ft. Driveway 3.04 259.16
1,244 96
SUBTOTAL THIS PAGE 7,193 65
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w ~wi
PROJECT N0. 029-024-302-00. CARNATION AVENUE. continued
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
Joe L Johnson TR. 8-D 50 00' Pavement $8.48 424.00
2741 Carnation 50.00' Curb & Gutter 7.02 351.00
76111 85.25 Sq Ft. Driveway 3 04 259 16
$1,034 16
Curtis Parker
2744 Carnation
76111
BLANDIN AVENUE, intersects
SOUTH SIDE
Curtis Parker
2744 Carnation
76111
r4. R. Les ter
2740 Carnation Avenue
Fort Ldorth, Texas
76111
Odis Fennell
C/0 Fannie Bee Lee
3900 Pate Drive
76105
TR. 8-G 54 00' Pavement $8.48 457.92
54:00' Curb & Gutter 7.02 379.08
85 25 Sq Ft. Driveway 3.04 259 .16
1,096 16
N116.5 57' Pavement $8.48 483 36
E64.33
TR.7 483 36
M 1/3 64.33' Pavement $8.48 545.52
64.33' Curb & Gutter 7.02 451.60
TR.7 93 Sq.Ft. Driveway 3.04 282 72
1,279 84
DREXEL ADDITION
A 50.33' Pavement $8.48 426.80
50.33' Curb & Gutter 7.02 353.32
85.25 Sq.Ft. Driveway 3.04 259.16
1,039.28
Susie Payne B 14.00' Pavement $$.48 118 72
2728 Carnation 14.00' Curb & Gutter 7.02 98.28
217.00
J.B. YORK SURVEY
I V. Thomas LanBham TR. 6-D 64.33' Pavement $8.48 545 52
2728 Carnation 64.33' Curb & Gutter 7.02 451 60
76111 85 25 Sq Ft. Driveway 3.04 259 16
1,256.28
SUBTOTAL THIS PAGE 6,406 08
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PROJECT NO 029-024-302-00, CARNATION AVENUE, continued
OWNER
I V. Thomas Langham
2728 Carnation
76111
BLOCK
LOT ZONING FRONTAGE RATE
TR 6- C 38 67' Pavement $8 48
38.67' Curb & Gutter 7 02
85 25 Sq.Ft. Driveway 3 04
AMOUNT ASSESSMENT
327.92
271 46
259.16
858 54
Curtis H Parker
2724 Carnation
76111
TR 6- B 40.00' Pavement $8.48
40.00' Curb & Gutter 7.02
85.25 Sq Ft. Driveway 3.04
339 20
280 80
259 16
879 16
O.C. Payne
2914 Carnation
76111
Edward Goodwin
2716 Carnation
76111
TR. 6- A 50.5' Pavement $8 48
50.5' Curb & Gutter 7.02
93 Sq.Ft. Driveway 3.04
DREXEL ADDITION
1 50.5' Pavement $8.48
50.5' Curb & Gutter 7.02
93 Sq.Ft. Driveway 3.04
428.24
354.51
282.72
1,065 47
428.24
354.51
282.72
1,065.47
Joseph Goodwin
2712 Carnation
2 50.5' Pavement $8.48
50.5' Curb & Gutter 7.02
428.24
354.51
782.75
Will Woodtin
2708 Carnation
76111
J.C. Llewellyn
3537 W Seventh
76107
3 50.5' Pavement $8 48 428 24
50.5` Curb & Gutter 7.02 354.51
85.25 Sq.Ft. Driveway 3 04 259 16
1,041 91
50.5' Adjusted To
4 30 5' Pavement $8.48 258 64
30 5' Curb & Gutter 7.02 214 11
85.25 Sq.Ft. Driveway 3.04 259. 16
731.91
SUBTOTAL THIS PAGE 6,425.21
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) ... .. $ 20,024.94
TOTAL COST TO CITY OF FORT WORT'd .. .. . .. ... $22,373 lI
TOTAL ESTIMATED CONSTRUCTION COST .. ... $42,398 OS
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