HomeMy WebLinkAboutOrdinance 8777ORDINANCE NO.-~Z~.~ ._
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_ _. HuLErr STREET __
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE
CITY OF FORT WORTH, TEXAS: FIXING CHARGES AND LIENS AGAINST ABUTTING
PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF: PROVIDING FOR THE
COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI-
GATES IN EVIDENCE WHEREOF: RESERVING UNTO THE CITY COUNCIL THE RIGHT
TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO
THE EXTENT OF ANY CREDIT GRANTED: DIRECTING THE CITY SECRETARY 'I'0 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 oP streets, avenues and public .places in the City oP Fort Worth, Texas, be improved by raising, grading,
or filling same and by constructing thereon to-wit
HULEN STREET From Oakmont Parkway to North 2231 Feet, to be improved
with seven-inch thick concrete pavement with seven-inch
high superimposed concrete curb on a six-inch thick lime
stabilized subgrade, so that the finished roadway will
consist of two thirty-six feet wide traffic lanes with a
twenty-eight feet wide median. Seven-inch thick concrete
turn lanes and median openings will be constructed where
specified.
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 3'..L-1...Bertr~m~Construction
,G Fn~nP rings Tnc --
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 5th ,day of April ,
19 83 7:30 P.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
that
_pratested that
_.___ ._____._._-__ _-__protested that
__protested that
that
__protested that
and said hearing was continued to the present time in order to more fully accomplish the pua•poses 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 made and levied as herein ordered
BE IT ORDAINED BY THE CITY COLTN("IL OF THE CITY OF FORT WORTH,
TH:XAS, 'THAT
I.
~aict hearinQ• be and the same is hereby, closed and the :aid protest <lnd objections, and any and all other
~>rotests and objections whether herein enumerated or or not, be and the same are hereby, overruled.
II,
't'he (.~t~ Council from the evrdence finds that the assessments Herein levied should be made and levied
<cgain:;t the i•esperti~e parcels of property abutting upon the said porti~ms oi' streets, avenues and public places
and against the owner:: of such property, and that such assessments and charges are right and proper and are
substantially in proportion to the benefits to tl+e respective parcels oi' property b~ means of the improvements
in the unit for wl+irh such assessments ~u•e levied and establisl, substantial ;justice and ectuality and uniformity
between the respective owners of the respective properties find between all parties concerned, considering the
benefits received and burdens imposed, and further finds that in each ease the abutting property assessed is
specially benefited in enhanced value to the said property by mums of the said improvements in the unit upon
whieh the particular property abuts rind #'ur whic•h assE~ssment. is levied and charge made, in a sum in excess of
the s~iid assessment and charge made against the same l>~ this ordinance, and further finds that the apportion-
ment of the E•ost of the improvements is in accordance with the law in force in this City, and the proceedings of
the ("it.~ hf'1'et+)f(lre had ~+ith 1'efel'enCe to said +mpro~:~nurnts, <md is m Fill respects valid and regular
III
'There shall be, ~llld is hereby lei red and assessed against the parcels of property herein below mentioned
and againtit the -•eal alld tYUe ow'nel's thereof (whether such owners be correct{ named herein or note the sums of
money itemised below opposite the desc-•rptiou o#' the respect~~e parcels of property and the Several amounts
<-ssessed against tl~e same and the owners thereat' as fat as such owners :+re I.now•n berng 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 attorneys 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 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 ownex 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.
VII.
1'he total amount assessed against the respective parcels of abutting property, and the owner;; thereof, rs
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 rn 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 to cer°tain property owners where deerrred appropr•rate Notwithstanding the City
Council has herein reserved the right to issue credits, it shall not be reduired to rssue credits, and will not do so,
if same would result in any equity and jor• un,j ust 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 by the City Council as a credit
against the respective assessments.
IX.
For the purpose of evidenc•rng the several sums assessed against the respective parcels of abutting prop-
erty and the owners thereof, and the time and terms oi' pavment and to aid in the enforcement and collection
thereof, assignable certificates in the principal amount of the respertr~ e assessments less the amount of any re-
spective credit allowed thereon, shall be issued I)v the City of Fort ~~'ortll, Texas upon completion and accept-
ance by the Citt~ of the improvements in each unrt of impro~ ement as the wor 1. in such unit is completed and
accepted, which certrficates shall he executed 1)v the ma~ur rn the narrre of the Crty and attested by t11e City
Secretary, with the corporate seal of the Crt~ impressed thereon ~u)c~ shall 1)e #)~,~ able t~ fire Crty of Fort Worth,
or its assigns and shall declare the said amounts trine and terrn~ +)t 1)~t\'I11e~lt rate of interest, and the date of•
the completion and acceptance of the rnlproyemer.ts abutting up+m such proper•t~ for which the certificate is
issued, and shall contain the name of the owner or owners, rf #~n~+„ n detic r iptron of the property by lot and block
number or front feet thereon, or ,uch other desuption as may otl•~erwrse rdentifv the same, and if the said
property shall be owned by an estate then the description of same as ", owned shall be sufficient and no error or
mistake in descrrhing am property c.r rn ~•i~in.h• the name +>f thc~ o)~ner sh~.rll rn~alidate or in anywise impair
such certificate to the assessments lei red
The certrficates shall pro„de sul?st<rntiallr that ,f sane shall nut I>r> paid prunlptl~ upon maturity, then
then sh,dl be cc?llectahle wlth reasonable <rttorne~ s fees and +~u>;ts of +•ullectrnn if incurred, and steal} provide
substantlall) that the amounts evrclenced therel?r shall be yard v, the A~ses,or and Col}ector of Taxes of the
City of Fort ~~'orth '[eras who shall issr.,e his receipt tl,erefur ~~ hrrl; sh rll #>e ~~,denc•e of such payment on any
demand for the same aruf the Assessor and ('ol}ectol of T<r~es ~h<tll deposrt she sums so received by him forth-
with wrth the Crtti Treasurer, to Ire kept and held b~ hinl rn ~,. sep~rr<rie i•und and )hen any pavment shall be
made rr the C'it~ the Assessor and Cul}ector of '1'axe:; ul,on ~~,u, h c•erir(ic rte shall nporl presentation to him of
the c•ertrficate L,~ the holder thereof endorse said pay meat thereof if strrl., cerirticate be assigned then the holder
thereof shall be entrtled to receive from the ('r1~ '1'reasurc~r the an,u~rn±~ p,rid upon the presentation to him of
such certificate so endorsed and credited and such endnrsenlc nt ..r?)r} r•+~~irt xhtr#1 be the Treastu•er's Warrant for
making such pavment: Such payments h~ the Treasure} spoil !,c~ rc~ul tecl f{ r the holder of such certificate in
writing and by surrender thereof )ti hen the 1),•inc+pal t >+,~c~ti ter ~.tirth „c rue+l irt,,rest and all casts of collection
and reasonable attorney's fees rf incurred have been p nri in full
Said certificates shall further recite substantially that the pr ucee.dings ~yrth r eferenc•e to making the
improvements bare been regularlt had irr compliance ~~ith the l ;~~ .r,?,# tl at all prc~reqursites to the fixing of the
assessment lien against the pro}~rerh- descr•rhed in such <<~rtific ate urd r ~~,., person:,) habilit~ of the owners then°eof
have been performed ancf such rccrtals shall 1?e prrn~ra facie e~,clc u,+ + f ,II ti,c> nr~rttcr~ recited rn suc•h certificates
and no further proof thereof shall be recurred in any cuur•t
Said certificates may have coupons attached t1,er etu rn e~ i #errce uf' r~ac #, n any c~f• the see er <tl installments
thereof, or may hay e coupons for ear 1, of tl+e first four rnst<rllments 1ea~ ing the main c•e1 tiflc<rte to serve for the
fifth installment. which coupons may be pay able to the Cit) of Fort fl or th ur its as:;igns mat lie signed with the
facsimile signatures of the D'iayor and ('rte 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 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.
Fuil 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 Worth, 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~da of 19s.~
Y
APPROVED AS TO FORM AND LEGALITY
City Attorney
PROJECT N0. 029-036687, HULEN STREET FROM OAI~,`lONT PARKWAY TO NORTH 2231 FEET, to be improved with
seven-inch thick concrete pavement with. seven-inch high superimposed concrete curb on a s1x-inch thick
lime stabilized subgrade, so that the finished roadway will consist of two thirty-six feet wide traffic
lanes with a twenty-eight feet wide median. Seven-inch thick concrete turn lanes ar~d median openings will
be construced where. specified.
BLOCK
OW2v'FR LOT ZONING FRONTA(~ RATE AMOi3NT ASSESSMENT
WEST SIDE R. Si'RAlETT SURVEY - ABSTRACT N0. 1922
1442.0' Adjusted to (50' Drainage Esm't)
Crisco Land Co., Inc. TR.1 V. 1129 1392.0' Pavement $43.73 60,872.16
Overton Park National P. 630 ~ 1382.0' Curb 1.38 1,907.16
Ban1c Bldg., Suite 614 '"F" & "C" 1392.0' R.O.W. Prep. 6.05 8,421.60
2200 South Hulen St. 1392.0' Storm Drain 55.50 77,25b.00
Fort Worth, Texas 76109 1392.0' Top Soil b 2.28 3,173.76
Seeding
1392.0' St. Lights b 2.66 3,702.72
Trf. Markers
155,333.40
FLrft~RE STREET INTERSECTS (80' )
Casco Land Co., Inc. TR.1 V. 1129 b99.0' Pavement 543.73 30,567.27
Overton Park National P. 630 699 0' Curb 1.38 964 62
Bank Bldg., Suite b14 "C' 699.0' B.O.W. Prep. 6.05 4,228 95
2200 South Hulea St. 699.0' Storm Drain 55.50 38,794.50
Fort Worth, Texas 76109 699.0' Top Soil 6 2 28 1,593.72
Seeding
699.0' St. Tights ~ 2.66 1,859.34
Trf . *~arke~-s
78,008 40
EAST SIRE R. BLR*~'ETT SL'RF4Y - ABSTRACT N0. 1922
C.0 Edward's Estate TR.1 V. 1129 1613.0` Pavement $43.73 70,536 49
Overton Park National P. 630 1613.0' Curb 1.38 2,225.94
Bank Bldg Suite 614 "CR" 1613.0' R.O.W. Prep. 6.05 9,758.65
2200 South Hulen St. 1613.0' Storm Drain 55.50 89,521.50
Fort Worth, Texas 76109 1613.0' Top Soil ~ 2.28 3,677.64
Seeding
1613.0' St Lights 5 2.66 4,290.58
Trf. Markers
1$0,010.80
LEDGESTONE DRIVE INTERSECTS (60')
C.0. Edward's Estate TR.I V. 1129 548.0' Pavement $43.73 23,964.04
Overton Park National P. 630 548.0' Curb 1.38 756.24
Bank Bldg., Suite 614 „CR„ 548.0° R O.W. Prep. 6.05 3,315 40
2200 South Hulen St. 548.0' Storm Drain 55.50 30,414.00
Fort Worth, Texas 76109 548,0' Top Soil b 2.28 1,249.44
Seeding
548 0' St. Lights ~ 2.66 1,457.68
Trf. Markers
61,156 80
TOTAL COST TO PROPERT:' OWNERS (ASSESSMENTS) $474,509 40
TOTAL COST TO CIT4 OF FORT WORTH $280,985.87
TOTAL ESTI?7ATID CONSTecLiCiION COST $755,495.27
-1-
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and ,
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C17Y MANAGER T
~~ ~~' 1~°a~~~ ~~~h, ~C~c~~
ACCOUNTING 2 ~ ,{f~ ®~ ~~ ..ll q -®~~~~~ // ®,n,nrn ,~.~.~y rn p /~ ~,1~~f71 ~/A ~/'i1~1V1)
TRANSPOR7AT10N~PdBUC,v`/1Wj)LdRKS~ l/1Lt1/V 1~1~J. \~,,,/ U U ~, (l !l lot ((~((~ (f 11~ (l/4U(/ ((itj,{i /J (li _
bng = tiulen stree PAGE
DATE ~ NUMBER CE SUBJECT Improvements from Oakmont 2
---y-~ 1G-5582 ~ Parkway to 1.231 Feet North i or _-__
4/5!83 --
On March 8, 1983 (M&C C-6798), the City Council declared the necessity for and
ordered the improvements on Project No. 029-036-687-00, described below. A
construction contract was awarded to J. L. Bertram Construction and Engineering,
Inc., in the amount of $706,070.35 and April 5, 1983, was set as the date .for
the benefit hearing. The adjacent property owners were notified of the hearing
by certified mail on March 17, 1983.
rw~
~!
Origin of Project
In June 1982, the DeveloperjOwner of property on both sides of the above segment
of Hu1en, Street requested the street be improved on an assessment basis and on
June 15, 1982, furnished the City with a letter of agreement to assessments
being based on the City's Development Policy as pertain to anyinterior street to
a development. On August 17, 1982 (M&C C-6447), the City Council authorized an
engineering contract with Gordon Swift, Consulting Engineer to prepare plans and
specifications for the project..
Improvements
Improvements will consist of constructing major thoroughfare grade concrete
pavement with concrete curb, complete with turn lanes and median openings where
required. Storm drain facilities will consist of approximately 685 feet of
concrete culvert, plus 825 feet of concrete pipe and appurtenances. Upon
completion of this project, Hulen Street will be a continuous double 36' wide
boulevard from I-20 to Old Granbury Road.
Assessments and Enhancements
In accordance with Section IV, V and VIII of the Development Policy in effect at
the time this project was initiated and the low bid, cast (assessments) to the
property owner is approximately $474,509.40. In addition,- the property owners
have requested two additional median openings, with turn-lanes, which will lead
to future developments, the cost of which is $21,490.92 and was paid in cash
prior to the contract award as agreed. The owners have also agreed to pay fifty
percent (50%) of their assessment within thirty days after completion of the
project and acceptance by the City Council. The remainder will be paid in five
equal installments over a four year and one month period with eight percent (8%)
per annum interest added to the unpaid balance.
Cost to the City for construction is approximately $231,560.95, plus $49,424.92
(7%) engineering.
~y
~ .,
~`~
__..
DATE REFERENCE •SUSIEC'T Bene~t~ Hearing en Street pgGE
NUMBER Improvements from Oakmont Parkwa 2 2
4/5/83 G-5582 to 2231 Feet North _.__ or
Based on previous appraisals of like property, and considering the improved
access and drainage facilities provided in the improvements, 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 li
than the proposed assessment upon completion of the entire project.
I
Recommendations '
It is recommended that an ordinance be adopted closing the benefit hearing and
levying the assessments as proposed.
DAI dh
i
i
1
I
1
~IPPRaVEO~ Bl~
CITY COUC~CIL ~ l
~o~ s
1983
City Secretary of the
s~#E 1F~sst Tarr~g
SUBMITTED FOR THE DISPOSITION BY COUNCIL. PROCESSED SY
CITY MANAGER'S
t
-
OFFICE BY ^ APPROVED
OTHER (DESCRIBE)
ORIGINATING
DEPARTMENT HEAO• Gary Santerre
_
CITY SECRETARY
FOR ADDITIONAL INFORMATION
Odell Schmidt EXt 7ao~D
1'T~D ORDINANCE NO ~'
~A
CONTACT