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HomeMy WebLinkAboutOrdinance 8947~.e ~-. ORDINANCE NO 89~; ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ BAtTR1.r~ sTxEET _ _ 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 s AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City o! Fort Worth, Texas, has heretofore ordered that each oP 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 BAURLINE STREET From Finley Street to Sylvania Avenue, known and des- ignated as Project Nol029-040097-00, a seven-inch thick reinforced concrete pavement on a four-inch thick cement stabilized base with seven-inch high superimposed concrete curb on a forty-.foot wide road- way. Six-inch thick concrete driveway approaches will be constructed where specified and five-feet wide side- walk will be constructed adjacent to the curb on both sides of the street. 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 BILL SHANNON 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 11th day of October lg 83 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 _protested that protested that _protested that ted that that _protested that __ ___.._.___.~_-...__-.__protested that --------~_ .--_.__-- ._.__---- _ ___.__-- -_-----___.--protested that that __-- r___~_-_________-_-_---protested that and said hearing was continued to the present time in order to more fully accomplish the purposes thereof, and all desiring tc~ be heard were given full and fair opportunity to be heard, and the City Council of the City having i'ull~ considered all proper matter, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein or•der•ed N()Vb' 'I'E[FI'I:F()PE BE IT ORDAINED BY THE CITY COLTN('II, OF THE CITY OF FORT WORTH, 1'F:XA~, 'THAT I. S:rid hearing he, ~u?d the same is hereby, closed and the said protest and ob•iertions, and any and all other protests and ol>,ject.ions, whethe- herein enumerated or of not, be and the same are hereby, overruled. II. The (.-ty (oun(il from the evidence finds that the assessments herein levied should be made and levied against the respe(tive parcels of property abutting upon the said pcn•tiims of streets, avenues and public places and against the owners ot• such property, and that such assessments and charges are right and proper and are substantially in proportion tE~) the I'lenetits to tl?e respective parcels of property by means of the improvements in the relit for which su(•h assessments are levied and establlsh substantial justice and eduality 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 sl)ecially benefited in enhanced value to the said p-•operiv by means of the said ]mprovements in the unit upon which the part-rular property abuts and for ~ hirh assessmer?t ]s leered and charge made, in a sum in excess of the said assessment and charge made against tike same by this ordinance, and further finds that the apportion- ment of the cost of the improvements -s in accordance vv-th the law in force in this City, and the proceedings of the <Vit.v heretofore haft with reference to said improvc'nu~nts and is in all respects valid and regular III. "There shall be, and is hereby let ied and assessed rtg<rinst the parcels of property herein below mentioned, and against the 1•e<-I ilrld tl'lle off ilel's illE'1'eof (~i hetllel' such oti t?ers be correctly named herein or not) the sums of money itemi-red beloyy opposite the description of the respec by e p<u•rels ot• property and the several amounts assessed against the saltre and the owners the-•eof as far as such owners are known being as follows IV. Where more than one person, firm or corporation. owns an interest in any property above described, each said person, firm or corporation shall be personally liable only for its, her or his pro rata of the total assessment against such property in propor- tion as its, his or her respective interest bears to the total ownership of such pro- perty, and its, his or respective interest in .such property may be released from the assessment lien upon payment of such proportionate sum. V. The several sums above mentioned and assessed against the said parcels of pro- perty, and the owners thereof, and interest thereon at the rate of eight percent (8%) per annum, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be correctly named herein or not, and the. said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except State, County, 5cfiool 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 cult is made shall, at the option of said City of Fort Worth, or its assigns, be and become immediately due and payable, and shall be collectable, together with reasonable attorney's fees and cost of collection, if in- curred, PROVIDED, however, that acting through its duly authorized Director of Public Works the City of Fort Worth retains the right to authorize payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty- eight (48) equal regular monthly installments of not less than $9.00 each, the first of such installments to become due and payable not more than thirty (30) days after the completion and acceptance by the City of the particular unit. PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments of .said sums of lesser in- stallments and/or over a longer period of time in cases in which the Director of Public . •~ Works has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVIDED FURTHER, that such method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's and materialman's contract upon forms supplied by the City granting a mechanic's lien upon and conveying the said abut- ting property in trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property. VI. If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the property by the Assessor and Collector of Taxes of said City as near as possible in the same manner provided for the sale of property for the non-payment of ad valorem taxes, or at the option of the City of Fort Worth, or its assigns, payment of said sums shall be enforced by suit in 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 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 to the Gity VIII. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts hereinabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to ter°ta,in 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 file several assessment certificates to be issued the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts, if any, as may hereafter be allowed by the City Council as a credit against the respective assessments. IX. For the purpose of evidencing the several sums assessed 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 respect.~~ 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 Citv of the improvements rn each unit of imin•o~ ement as the wor 1. in such unit is completed and accepted which certificates shall be executed by the mayor in the t;anre oi' the City and attested by the City Secretary, with the corporate seal of the City in-,pressed thereon and shall be payable to the Crty of Fort Worth, or its assigns anti shall declare the said amounts tithe and terrl~s ut' pay ment rate of interest, and the date of the completion and acceptance of the improvements shutting upon such property for which the certificate is issued, and shall contain the name of the owner c~rr owners cf hnn~ n desc ~ ipt,on of the property by lot and block number or front feet thereon, or such other desc•rption as may utl~ei•~~rse 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 sutiicient and no error or mistake in descril.ring am -n•opert~ or rn gi~ino• the name r,f the o~+net shall tmalidate or lil am•wise impair such certificate to the assessments le"ed The certificates shall prop ide substantially that rf stinie shall nvt l,Q parrs prun~ptl~ upon maturity, then they shall he collectal.rle, with reasonable attorney s fees ~uul r•rr.;t..,f c•ull<<tion if incurred, and shall provide substantially that the amounts e~ idenced thereby shall be pa,c1 to the Assessu, ~lnd Collector of Taxes of the City of Fort worth, Teas who sha}1 issue his receipt therefor ~~ hrr 1. shall he evidence of such pay>ment on any demand for the same, and the Assesso, and Collectrn• of Taxe~~ shall depusrt ~hc: sums so received by him forth- with with the Crt~ Treasurer to I.>e kept <tnd held h~ him in ~i. sf>parate i•und and ~~hen any payment shall be made in the City the Assessor and Col}ector of 'faxes u;xm ~~,uc h r ert,ticate shall upon presentation to him of the certifctrte b~ the holder thereof encliu•se sacd pay ment ther•eoi' li' such cer•trficate he assigned then the holder thereof shall be entitled to rec•ei~e from the C'rt~ TreasurF>> the an,ur.n,t p<ud upon. the presentation to him of such certificate so endorsed and credited, and such endorsenu-nt .rnd ,edit shall be the Treasurer's Warrant for making such pavtr,ent Such payments h~ the 'Treasurer shall l,e rc~ce,l,iecl fc,t the holder of such certificate in writing and by surrender thereof «hen the ln•inripal tu~„•etl~er ~"tl, .,r c rued intc~r•est. and al] costs of co}lection and reasonable <ttt.orne~'s fees if' incurred have been paid in full Said certificates shall further recite substantial}~ that the proceedings ~~•ith reference to making the improvements have been rer•ularly brad in compliance ~tiith thE: l,t~~ and that all prerequisites to the fixing of the assessment }ien against the prolerty described in such ~r~rt.ificate >cnd the persona.( liability of the owners thereof have been performed and such recitals shall be prrm,a facie e~ idc•nc•~~ «1' ;Il the nratier~ recited in sorb certificates. and no further proof thereof shall be required in <my c•ourt Said certificates may have conpuns attached thereto in evidence ut• each ur any of the several installments thereof, or may hay e coupons for ear h of the firs(. four installments, leavinr~ thEr math e•er•tifu.ate to serve for the fifth installment. which coupons may be pa~al.~le to the Cit\ of Fcn•t l'borth, or its assigns may lie. signed with the facsimile signatures of the i~'Iayor and Cite 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 irregularltiea, 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 ~~YJ~~- 1~---=- APPROVED AS TO FORM AND LEGALITY ~~City At rney ~, _ ~~._~ .... -T PROJECT X10. 029-040097-00, BAURLINE STREET FROM FI,~ILEY STREET TO SYLVANIA,AVENUE, to be improved by -construction seven-inch thick reinforced concrete pavement on a four-inch thick cement stabilized base with seven-inch high superimposed concrete curb on a forty-foot wide roadway. Six-inch thick concrete driveway approaches will be constructed where .specified and five-feet wide concrete sidewalk will be constructed, adjacent to the curb on both sides of the street. BLACK OWNER LOT ZONING FRONTAGE RATE AMOUNT .ASSESSMENT .,EAST SIDE Mrs. Jerry L. Cox N1/2 1001 Baurline 1 S 2 Fort worth, 'TX 76111 GARLAND SUBDIVISION B 66.1' Pavement 66.1' Curb $11.26 744.29 4.24 280.26 1,024.55 S.R. Edward S1/2 1005 Baurline 1 & 2 Fort Worth, TX 76111 B 66.1' Pavement 66.1' Curb $11.26 744.29 4.24 280.26 1,024.55 William Hubbard 16 & 2801 Van Horn 16.5 Port Worth, TX 76111 VAN HORN SUBDIVISION B 150' side lot adjusted: 100.0' Pavement 100.0' Curb '85.25 Sq.Ft.Driveway $11.26 1,126.00 4.24 424.00 3.71 316.28 1,866.28 VAN HORN STREET INTERSECTS M.T. Taylor 15 ~ 2804 Van Horn 15.5 Fort Worth, TX 76111 L 150' side lot adjusted: B 100.0' Pavement 100.0' Curb $11.26 1,126.00 4.24 424.00 1,550.00 CARL GIPSON SUBDIVISION Virgil C. Stallworth 1 1 ,owner occupied 2801 Gipson 3 100.0' Pavement Fort Worth, TX 76111 .100.0' .Curb Council action reduced ~M&C G-5781, 10/11/83 $33.40 3,340.00 4.24 424.00 3,764.00 SUBTOTAL THIS PAGE 1,550.00 7,015.38 -1- PROJECT N0. 029-040097-OO,.BAURLINE STREET FRUM FINL~Y STREET TO SYLVANIA AVENUE, continued ,. BLOCK OWNER LOT .ZONING GIPSON STREET INTERSECTS .Clarence L. Buhl 1 .2 2800 Gipson J Fort Worth, TX 76111 Telecom Properties,Inc. 1 to c/o C.J. Corp. System 24& Republic Nat'l. Bank ~, Str. Dallas, TB 75201 Btwn. SYLVANLA AVENUE INTERSECTS Trinity Distributors 68 & P.O. Box 3180 69 J Fort Worth, Tx 76113 .Attn: John Fears FRONTAGE CARL GIPSON SUBDIVISION owner occupied 100.0' Pavement 100.0' Curb Council action reduced M&C G-5781, 10/11/83 250.0' Pavement 230.0' Curb SYLVANIA 2ND ADDITION WEST SIDE 173.45' Pavement RATE AMOUNT ASSESSMENT $33.40 3,340.00 4.24 424.00 3,764.00 $55.54 13,'885.00 4.24 :975.20 $55.54 9,633.41 1,550.00 14,860.20 9,633.41 Texas Electric Serv. Co 61R P.O. Box 970 67R J Fort Worth, TR 76101 772.54' Pavement 772.54' Curb 193.75 Sq.Ft.Driveway $55.54 42,906.87 4.24 3,275.57 .3.71 718.81 46,901.25 SUBTOTAL THIS PAGE 72,944.86 COST Tl~ PROPERTY OWNERS (ASSESSMENTS) $79,960.24 COST TO CITY OP FORT WORTH $170,731.32 TOTAL ESTIMATID CONSTRUCTION CAST $250,691.56 -2- '•k ~ ASf FILE 1 ~~,~1 cC®~c~~a~ c~®~~,~~~~~~~®~ CITY MANAGER 1 _ ~ ~ '~ ACCOUNTING-2 ~ %~~j rn n®~ye TRANSPORTATION+PUBLIC WORK5.8 U /-AW -~ , DATE -~~ ~,; ~a 10/11/83 w 0 REFERENCE NUMBER G-5781 suB.lECT Benefit Hearing - Assessment PAr;E Paving of Baurline Street from 2 Finley Street to Sylvania Avenue EOf -' k On September 13, 1983 (M&C C-7071), the City Council declared the necessity for and ordered the improvements on Project No. 029-040-097-00, as described below. A construction contract was awarded to Bill Shannon, Inc., in the amount of $225,848.25, and October 11, 1983, was set as the date for the Benefit Hearing. All of the adjacent property owners were notified of the hearing by certified mail on September 23, 1983. Project Description Roadway R.O.W. Street Limits Width-Feet Width-Feet Baurline Finley Street to 40 Sylvania Avenue 60 Origin of Project On March 31, 1981 (M&C G-4936), the City Council authorized the City Manager to negotiate contracts for design engineering for several inner-city streets, including Baurline, Ennis and Retta Streets. On September 8, 1981 (M&C C-5853), an engineering contract was awarded to Brookes H. Baker, Consulting Engineer, for the engineering design of Baurline Street (Ennis to Sylvania), Ennis Street (Retta to Sylvania), and Retta Street (Ennis~to Sylvania). On July 15, 1982 (M&C C-6413), the engineering contract with Brookes H. Baker was amended to design Baurline Street from Finley Street to Sylvania Avenue as a 40-foot wide roadway and as a separate assessment paving project. ~t Improvements ,; ~ ' Improvements wil~l~;consist of constructing a new 40-foot wide roadway of industrial grade pavement with concrete driveway approaches where required and concrete sidewalk adjacent to the curb on both sides of the street. Storm drain facilities will consist of 844 feet of concrete pipe and appurtenances. y Assessments and Enhancements In accordance with Standard City Policy in effect at the time this project was brought to the attention of the adjacent property owners and approved by the City Council, cost (assessments) to the adjacent property owners is approximately $84,388.24. Cost to the City for construction is approximately $141,460.01 of which $63,797.01 is for street construction and $77,663.00 for storm drain construction, plus $24,843.31 (il%) engineering. DATE NUMBER CE SUBJECT Benefit Hearing - Assessment PAGE 10/11/83 G-5781 Paving of Baurline Street from '_ ~-~2 2 °f i- - Special Consideration Adjacent properties on this project consist of three parcels which are zoned and used as industrial and are being assessed $59.78 per front foot for pavement and curb, four parcels are zoned and used as residential (homesteads) and are being assessed $15.50 per front foot for pavement and curb, and-, two parcels which are zoned industrial, however contain residences (homesteads), and are being assessed $37.64 per front foot for pavement and curb. The two lots in question are small in size (64x100 feet) and in the opinion of the staff would not enhance in value by $3,764.00 each as a result of the street improvements, especially since the street is at the side of the lots and no access is being taken from Baurline Street. Both houses face and take access from Gipson Street, which is paved and has curb and gutter. `It is recommended that the assessment on the latter two parcels be reduced to the residential rate of $15.50 per front foot for pavement curb and gutter ($1,550.00 each) and thereby increase the City's cost by $4,428.00 and reduce the total assessment from $84,388.24 to $79,960.24. It is the opinion of the Department of Transportation and Public Works that .each of the remaining parcels of property will enhance in value by an amount equal to or more than the proposed assessment upon completion of the street and drainage improvements. Recommendation It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed and recommended above. DAZ:dr ` APPROVED BY ' CITY CQUNCIL acr ~1 isa~ Cits S~a~~tary of the Cite of FP:t 31V. SUBMITTED FOR THE CITY MANAGER'S ~ DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING DEPARTMENT HEAD• Gary L SalZterre ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORM TI f~, ~ CONTACT ~~ell Schmidt E t 78 05 ~ ~~ t ~~,//f O. 5L/ X . . DATE ~~-. --