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HomeMy WebLinkAboutOrdinance 8504r. .' ' ~~ o~ta~~~rA~~~ ~c~,. _ ~o ., ®HDINANCE CLOS~IVQ~ HE~RIIVG AliD LEVYING ASSESSMENTS ~'OR PART OF THE COST .- OF I1WPR6~VING ~ h~RTION OF~...[?L~SQN,. STRF ANA Pt~RTIONB OF ~IJNDRY nTHER STREETS, A'~EN E8 AND PUBLIC PLACES IN TIME CITY QI•' FORT VV~RTH, TI~XAS. F~II~~ . CHARGRS AND ,LIENS AGAINST AHUTTING PROI'ER~C'~C ~CH>iIREON ANA AGAINi~T ~'IIE OWNI~ItB THEREOF: FROVIUING FOR THE Ct9LLEC~ION:OF 81UC~ ASSES~I6+I+IENTB ANA SHE ISSUANCE OF AsSIGNA~LE CERTIFI• FATES Elt~ RVIDIEII'~CE '~&~1~REOFs 1~E$EE"V~1!~1~ UNTO, ~°HE CITY COUNCIL THE RIGHT TO ALLUW, CkiEAI'ir~_ ~tEAUCING T1~IE Abi0UN7C OF THE RESPECTIVE ASSESSIMIENT TO ~IIE EXTEN9C OF. A1VX. CREDI'it ORA1vTEI~: DIRECTING THE CITY SECRETARY'I'O EN- GROSS ABTA ENROLL TINS ORDINANCE I;Y ,COPYING THE, CAPTION OF SAIVIE IN THE IVIINUTE8.O~' THE CI~'_COUIVCIL OF FOR~".WORTH, AND BY FILxNG THE ORAINANC>~ rN THE ORDINANCE RECORDS OF SAID CITYs AND PROVIDING AN EFFECTIVE 1DATE. VIWI~EI~EAB, the. City o~ Fort. Worth, Texab, hae heiretofore pxdexed that each oP the hereinai'tex described poxtioz~e o~P streete,vavei~use and public pieces In the City of Fact Worth, ~'exae, be improved by rai~i~~, ~°rading, or filling eam~ and by conetructiag thereon to-wit DICKSON STREET Erom Hemphill Street to 90 feet west of Alice Street, known and designated as Project No. 029-24277, a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven- inc`h high superimposed concrete curb on a forty-foot roadway. Six-inch thick concrete driveway approaches will be constructed where specified. ,.~ .. j .,~ 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 am s W_ ,lacksnn, lnr_ 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 January , 19 82 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 -protested that ted that _ __ _ __.- -.~ __ __ ____-_ _protested that __ ._ __.___._ --__protested that - - - ---- - ---- --- --- -- --- ---- --protested that protested that ____protested that f. and said hearing was ecrntinued 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 I'ull~ considered all lrroper matter, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered ~l)Vb 'I'I[EItI:F()P.E I3E IT ORDAINED BY THE ('ITY COLTN('IL OF THE ('ITY OF FORT WORTH, TFXAti, '!'HAT I. fiaid hearing Ire and the same is hereby, closed and the said protest and ob,Iertions, and any and all other protests and objections, whether herein enumerated or ur not, be and the same are hereby, overruled. II. 'l'he City (.ounEil from the evrdence finds that the assessments hereur levied should be made and levied :rgarnst the resperti~e pru•c•els of prupert4 abutting upon the said pcr~•tion:: of streets, avenues and public places and against the owners of such Prolrert~, and that such assessments and charges are right and proper and ar•e substantially in proportion to the benefits to the respective parcels of property by means of the improvements in the unit t'or which such assessments ~u•e levied, and establish substantial justice and equality and uniformity between the respective owners of the respective In•uperties, and between all parties concerned, considering the benefits received and burdens imposed, and further finds that in each catie the abutting property assessed is :specially benefited in enhanced value to the card prolrert~ b~ means of the said improvements in the unit upon which the particular property abuts and fur• which assessmer?t is levied and charge made, in a sum in excess of the said assetisment and charge made against the s<rme b~ this ordnance, and further finds that the apportion- ment of the cost of the improvements is in accordance wrth the law in force rn this City, and the proceedings of the ('it.~ heretofore had with rei'erenre to said improv:~nu~nts and is in all respects valid and regular III. 'There shall be ~md is hereby lei led and assessed against the parcels of property herein below mentioned, and against the real <urd true ow Hers thereof (~~ helper such uy Hers be c•orrec•tl~ named herein or not) the sums of money itemized below olrposrte the description of the respec tip e parcels ot• proPert~ and the several amounts assessed against thE' same and the owners thereof :rs far as such owners ar•e l:nuwn being as follows Works has prev3.ously determined that an extreme financial Hardship upon the property dwner will otherwise result; and P~tQVIll~D FUItTEETt, that such method of payments shall b2 authorized only in instances wheire the owner or owners of property abutting upon such completed and accepted unit sha11 have executed anal delivered to the City of Fort Worth a lawful, valid anal binding note and inechatiic's and. materialman's contract upon f dorms supplied by the City granting a mechanic's .lien upon and conveying the said abut- 3.ng property iri trust to secuxe the payment by said owner or owners according to the terms thereof csf the sums assessed against such property. VI. xf defs3ilt shal5: be rna,de in ttae payment o£ any aa~essnent, colleCt3.iin thexeof shall be enforced eiCheir by the sale a~ ttie property b~ the .Assessor wind Ce~1.~.eGtor of Taxes o said C~.ty as nc~ex as po~sll~le in tl~a seine mangier provided fnr the sale of p~xopexty fox the ncin-paytneiat bf ad rr~loxem taffies; or at the o~it:tr~n of the City of fort Worth, car its ~seigns, paynieit of sapid sums st7a1~ lee etifbra~cl by suit in any court of competent ,jur- isdicCioii, a>` a~i p~nvidec ~:n a~.y mechanic's oic anati~.ralinan's/ ~ont;ract as aforesaid., anc ~i~~a city s.hal,l ~~ce~csa all ~~ its lawf~xl pi~~a~;re to aid in the en~arCement a~,d collet- thin of said assesstiie~its. .,, ~~ 1V Where more than one person, firm or carporaton.otsns an interest in any property above described, each said person; firm or corporation shall be persona]..ly liable only Misr its: her or his pro rata of the total assessment against such property in propor-- tian as ~.ts; 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 l~.en upon payment of 'such proportionate sum. V. fide sev~'Ysl shits above mentio~i,ed and assessed against the said parcels of pro-- pe~rty; and the iii~rie~s thereof, and ~.nterest thereon at the rate of eight percent (8/) per aiiriuiii; kogether with reasiaiable attorney's fees and costs of collection, if incurred; are 'hciteby deel&red to be and are made a lien upon the respective parcels bf property against ~rh~;ch the saiiie are assessed; and a pexsonal liability aizd ctiar$e against tre read: and true owners of such pa~opexty, iahetiher such owners b~ correctly xanie~ herein or ~tOts and the. slid ~.i:ens shall be and constitute the first enforceable 13en and claiiii against the property on i~hlch slick,. assessments are levied, and shall tie a first acid paramoixnt lien there0it, superior to all other livens and claims, except State, County, clioo~. ]7istrict and City ad valorem tastes . T1ie siiiiifi so assessed against the. abutting property and the owners thereof shall tye and become due and ~a~able as follows; to-~vit. ~.n f~.~e (5) equal. irista].lments, due respectively on br before thirty (30) days, one (1), two (2), three (3), and. four (4) years from the date of cotiipleticn and acceptance of the iniproverments in the respective unit, end t"tte assessiiiei~its against the property abutting upon the remaining un.3.ts shall be anal become due and payable in such iristalltrients after the date. of the completion and acceptance of such tespective units, and. shall bear interest from said date at. the rate of eight percent (.~%) per annum, payable annually with each installment, except as tic the. first insta~.linent, whieti shall be due anal payable at the maturity tt~ereaf, so that upon the coinple't~.on and acceptance of the improvements in a particular unit, assessments against the property abutting upon such completed and accepted unit shah. be and become due and payable iti such installt~erits, 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, tit any installment thereof, before maturity by payment pf principal and accrued interest; and provided°further that if default shall be made in the payraent of principal or interest promptly as the same matures, then the entire afiiount of the assessment upon u1h5,eh such defau~.t is made shall, at ttte option of said City of port 'Worth, rir. its ass;i,piis; be and become iriitnedi.ately due and payable, and. shall be collectable, together' with reasonable al~tC~rii.ey's fees and cast of ci~llectic±n, if in- carted, P1~OVZnT1~, hoiaever; that acting through its duly authorized Director of t'ublic Works the City of Tort 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- eght (!+8) 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. P1tOVTDED FUR'TI~gR, that title City Attorney is hereby empo~iaered 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 ~, VII. The total amount assessed against the respective parcels oi' abutting property, and the owner:; thereof, is in accordance with the proceedings of the City relating to said improvements and assessments thereof, and is less than the proportion of the cost allowed and permitted by the law n i'orce in the City VIII. Although the aforementioned charges have keen fixed, levied and assessed in the respective amounts hereinabove stated, the City Council does hereby reserve unto itself t:he right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate. Notwithstanding the City Council has herein reserved the i•iglit to issue credits, it steal} not be required to issue credits, and will not do so, if same would result in any equity and/oi• un,lust 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 evidencing the several sums assessed against the respective parcels of abutting prop- erty and the owners thereof, and the time and terms oi' payment and to aid in t:he enforcement and collection thereof, assignal-ile certificates in the principal amount of the respec•ti~ 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 City of the impro~-ements in each umt of improvement as flee wort. in such unit is completed and accepted which certificates shall be executed bti the ma~oi in t.lie name of the Citv and attested by the City Secretai•v, with the corporate seal of theCity impressed thereon and shall lie pat able to fire City of Fort Worth, oi° its assigns and shall declare the said amounts, time and terms ~~?' }~>a~ ment rate of interest, and the date of the completion and acceptance of the improvements allotting a{inn such property for wliicl; tl,e certificate is issued, and shall contain the name of the owner or e,w Hers if hn~ ~~~ n desc , ~ptron of the property Liv lot and block number or front feet thereon or suci~r other desc•ipti_on as mar otl~erwrse identify the same, and if the said property shall he owned by an estate then the description of same as su owner] shall be sufficient and no error or mistake in describing am property cu• rn giyin~• the name of thc~~ miner shill rmahdate of in anywise impair such certificate to the assessments ley red The certificates shall prop ide substantially that rf same shall not -,c~ paid promptly upon maturity, then they shall be collet table w-rth reasonable <rttornc:~y s fees u,d ,~n•;t s .,f , ullec tine ,i' incurred, and shall ln'ovide substantially that the amounts eyirlenced ther•ehy shall Lie ?,a,d to the Assesso, and Collector of Taxes of the City of Fort ~~'ort.h; 'texas who shall issue his receipt therefor yy hcc li sh~r)1 lie ey ideate of such payment on any demand far the same and the Assessor wind Col}c:ctor nt Tai es shall depntirt she sums so received by him forth- with with the City Treasurer to be kept zrnd held Iry lrim in ~, separaie fund and when any payment shall be made iii the City the, Assessor and C<~l}ectoc of 'faxes u;x~n sup h ~•er?rlicate shall neon presentation to him of the certificate by the holder thereof endorse said pay mm~t t,herenf' Ir' Luc 1~ certificate he assigned then the holder thereof shall be entitled to eatery e from the C'rty '1'i easure~r the icnu,unt p<ud u{xin the presentation to him of such certificate so endorsed and credited , and such en~l~~rsemf-nt ;r?~~i r +~~iit shz,il Ise the 1'r•easurer's Warrant for making such payment Such payments by the Treasurer shi,)1 bc~ rccc,l tent fni the holder of such c°ertificate in writing and by surrender thereof when the ;:srinc;p<rl i.>~1~c~tl cr yyrth ~,c c rued interest and all cost;; of collection and reasonable attorney's fees ii' rncuri•ed Kaye been l' ud in full Said certificates shall further recite substantially thai the prncee+lings yyith reference to making the improvements Iraye been regularly had in compliance with the 1 «< ~rnd tl :,t all prerequisites to the fixing of the assessment lien against the property desu•ibed rn such <ertiiicate cad t.~ie person;,l liability of the owners thereof have been performed and suite recitals shall I>e prima facie ey idf nc, ~ ?• 11 tii~~ nratter~ recited rn suc•h certificates, and no frn•ther proof thereof slr ail be regrnred ui any c•crurt Said certificates mat h<ry-e coupons attached tl,eretn irr eyi lance u1' c~~ieh ,r any oi• fire seyeral installments thereof, or may h,iye coulions fni each of ilia first i'our installments letcyin~~ the ma~ur certificate to serve for the fifth installment which coupons -may he pay al.ile to the rite of Fort ~'l of th rn its assigns may I,,e signed with the facsimile signatures of the ;ATavor clad 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, invaliditiea or irregularities, either in the assessments or in the certificates issued in evidence therdof, 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 asaesa- 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 ~ da of ~ 1 °v y APPROVED AS TO FORM AND LEGALITY •- Clty Attorney 1,. 1 PROJECT N0. 029-24277, DICKSON STREET FROM HEMPHILL STREET TO 90 FEET WEST OF ALICE STREETf, to be improved by constructing a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a forty- foot roadway. Six-inch thick concrete driveway approaches will be constructed where specified. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE SOUTH FORT WORTH ADDITION Texas Steel Co. 9 17 150' Pavement $52.26 $7,839.00 3901 Hemphill Ind. 150' Curb 5.04 756.00 76115 271 S.F. Dr. approach 4.13 1,119.23 $ 9,714.23 Texas Steel Co. 10 17 150' Pavement $52 26 $7,839.00 3901 Hemphill Ind .150' Curb 5.04 756.00 76115 194 S.F.Dr. approach 4.13 801.22 $ 9,396.22 Jennings intersects J. ASBURY SURVEY # 10 Texas Steel Co. Tract 1 182.9' Pavement $52.26 $9,558.35 3901 Hemphill Ind. 182.9' Curb 5.04 921.82 7.6115 $10,480.17 Depth factor adjustment 33.5G .......................... $ 3,510.86 100' Railroad crossing WORTH HEIGHTS ADDITION Bunge Corporation 8 19 35' Existing facilities -0- P.O.Box 43.1 Ind. 76101 SOUTH SIDE Texas Steel Co. 1 36 35' existing facilities -0- 3901 Hemphill Ind. 76115 100' Railroad crossing TEXAS STEEL CO. PLANT SITE TPxa~ ctepl Co. Tract A 255' Slant lot adjusted to• 3901 Hemphill Ind. 240' Pavement $52.26 $12,542.40 76115 240' Curb 5.04 1,209.60 $13,752.00 -1- "'`: .' PROJECT N0. 029-24277, DICKSON STREET ,cont. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE SOUTH FORT WORTH ADDITION Texas Steel Co. 12 20 150' Pavement $52.26 $7,839.00 3901 Hemphill Ind. 150' Curb 5.04 756.00 76115 233 S.F.Dr. approach 4.13 962.29 $ 9557.29 Fernando Pacheco Est. 1 20 150' Pavement $52.26 $7,839.00 c/o Roy R. Pacheco Ind. 150' Curb 5.04 756 00 3020 S. Jones 194 S.F.Dr. approach 4.13 801.22 76104 $ 9,396.22 Total cost to property owners (assessments).. .$ 55,326.82 Total cost to City of Fort Worth ...............$ 49,291.07 Total estimated construction cost..... .. ,....$104,617.89 -2- CITY MANAGER 1 ~ /I/ ~,~ n®~ ~~ „// ry '~~~,/~~ // ,( .®~~~~~K/'VWtV~®~ ACCOUNTING 2 J\1\•/11LIe/lwi/~/// l~W/// 1\IL/ (~/ ll1V ~l./ TRANSPORT T~j~((gUBLfC WdP!(~:G REFERENCE SUBJECT - n~t NUMBER Benefit Hearing - Assessment PAGE rrAx-r Paving - Dickson Street from Hemphill 1./5/82 G-5191 S OB Wes of A ice Street lof -2_ ~A~A-fER %{D NISTRA't'ION-¢ ~:Hi^h ii On December 8, 1981 (M&C 06034), the City Council declared the necessity for and ordered the improvements on Project Noso 013=0~4-277-00 (Engineering) and 02 9024-277800 (Construction), described belowo A construction contract was awarded to James Wo Jackson, lnco, in the amount of $89,417, and January 5, 1982, was set as the date fot the Benefit Hearingo The adjacent property owners were notified of the hearing by certified mail on December 21, 1981a Pro°ect Description ~- Roadway ROW •-- Street Limits Width-Feet WidthmFeet "^ _ Dickson Street Hemphill.Street 40 60 .. to 90B west of Alice Street 30 at 50 at °-- _~ Alice Street Alice Street -Ot°igin of Pro-~ect .Tn_Ngvember9 19:8, the staff received a request to improve Dickson Street from ~Hemph:l;1._~east across the railroad to alleviate uncontrolled parking and blocking `t~f -t:h~e°°s~t-reet to through traffico Dickson Street is designated as a collector st~~e~ in_"`the Southside Sector Plan. On December 5, 1978 (M&C G~4005), the Dire~tor`of Public Works was authorized to design and advertise the project for bidso The project has been delayed due to the MKT Railroad tracks intersecting the streeto An agreement was reached with the Railroad on February 3, 1981 (M&C C-5511). lmpr.ovements This segment of Dickson Street will be improved with industrial grade concrete pavement with concrete curb and driveway approacheso Storm drain improvements consist of subdran and appurtenances. Pro°ect Cost and Financing Based on standard City policy and the low bids-adjacent properties, all of which are zoned "'Industrial", will be assessed $57030 per front foot for pavement and curb, plus the cost of request driveway approaches. Total proed assessments on the project amount to $55,326a82o Cost to the City for construction is $34,090 18, plus $15,200089 (17%) for engineeringo In addition to the above, the City has already .spent $48,300 fogy' railroad crossing and signalization improvements on this segment of Dickson Street. Based on previous appraisals of similar industrial-zoned property, considering the improved and controlled access and drainage, it is the opinion of the Transportation/Public Works Department, that each parcel of property being assessed will be enhanced in value by as much or more than the proposed assess- ment upon completion of the projecta ,~. ;,_ DATE REFERENCE SUBJECT Benefit Hearing _ Assessment PAGE NUMBER paving _ Dickson Street from Hemphill 1 5 82 G-5191 Street to 90' West. of Alice Street ~-~f~- Recommendation It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed a GG:plg Attachment • APPROVED BY CITY COUNCIL t a ~ 5 1982 SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PR SED BY OFFICE BY [] APPROVED t.,t ORIGINATING ~ OTHER (DES ~ ~ '~ O ! Pont idoz the h DEPARTMENT MEAD: Gary anterre C EC FOR ADDITJONAt INFORMATION l / CONTACT Odell Schmidt, Ext o 78OS DATE