HomeMy WebLinkAboutOrdinance 10330 ORDINANCE NO. IDS/
ORDINANCE CLOSING HEARING AND LrVYING ANSSESSPIENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF NOSE HILL DRIVE, FROM EAST _LANCASTER TO
APPROXIMATELY ONE HUNDRED AND SIXTY FEET NORTH, AND PORTIONS OF
SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF Poo
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 CERTIFICATES IN
EVIDENCE THEREOF; RESERVING UNTO THE CITY CX)UNCIL THE RIGHT TO ALLOW
CREDITS REIxJCING THE AMOUNT OF THE RESPh,C I'IVE ASSESSMENT TO THE
EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS
AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE
MINUTES OF THE CITY COUNCIL OF FORT WORTH, Af1D 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, and filling same ant l by
constr_ -icting thereon to-wit:
ROSE HILL DRIVE From East Lancaster Lo app r_oxiinately One Hundred
and Sixty Feet North, known and designated as
Project No. 90-136036-00, to be improved by
constructing a six-inch thick reinforced
concrete havenenl: witil a seven-inch high
attached concrete curb on a six-inch thick lime
stahi_li_,e(i s,_ibgrade so that the finished roadway
VA ll be forty feet wide on a fifty
foot Right- Of-Way. Four-inch thick concrete
sidewalks and six-inch thick concrete driveway
approaches will be constructed where shown on
the plans.
The above together with combined concrete curbs and gutter on proper_ grade and line
are not already so constructed, together with storm drains and other necessary
incidentals and appurtenances; all of said irnprovements are to be so constructed as
and where shown on the plans and in strict accordance with the Plans and
Specifications therefore. A contract has been made and entered into with James W.
Jackson, Inc. , for the making and construction of such improvements on the above said
portion of streets, avenues and public places.
Vr-iEREAS, 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
oroper 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 therefore, to-wit, on the 20th
day of June, 1989 at 10:00 A.M. , in the Council Chamber in the City Hall in the City
of Fort Worth, Texas, and at such hearing the City Council heard any protests and
objections which were made by the abutting owners in connection with the assessments
tO ".-M iOVled.
NOW 'THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'T'Y OF HURT WOLRI'H, TEXAS, THAT
I.
The benefit hearing for the assessment For paving and other improvements to
Rose Hill Drive, is hereby clos,::,l �irnd all pretests and objections, if any, to the
assessments levied are hereby overruled.
II.
The City Council, from the evidence , finds that the assessments herein should
be made and levied against the respective parcels of property abutting upon the said
portions of streets, avenues and public places and against the owners of such
property, and that such assessments and charges are right and proper and are
substantially in proportion to the benefits to the respective parcels of property by
means of the improvements in the rinit for which such assessrnernts are levied, and
establish substantial justice and equality and uniformity between the respective
owners of the respective properties, and between all parties concerned, considering
the benefits received and burdens imposed, and further finds that in each case the
abutting property assessed is specially bernefitted in enhanced value to the said
property by means of the said irnprovements in the unit upon which the particular
property abuts and for which ass:-s ;rK>nI, is levi_el and charge made, in a sum in excess
of the said assessment and cha je. wide against the sa;;io '�y this ordinance, and further
finds that the apportionment of the cost of the improvements is in accordance with the
law in force in this City, and the ;proceedings of the City heretofore had with
reference to said improvements, and is in all respects valid and regular_ .
TIT.
There shall be, and is hereby, levied and assessed against the parcels of
property herein below mentioned, and against the real and true owners thereof (whether
such owners be correctly named herein or not) the sums of Toney itemized below opposite
the description of the respective parcels of property and the several amounts assessed
against the sane, and the owners thereof, as far as such owners are known, being as
follows:
IN
IV.
Where more than one person, firm or corporation owns an interest in any
property above described, each said person, finn or cc�r�x,raLion shall be personally
liable only for its, her or his pro rata of the total assessment against such property
in proportion as its, his or her respective interest 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
property, and the owners thereof, arid interest thereon at the rate of eight percont
i>,r annum, together with reasorlol_e attorrn�y's fees arid casts of collection, if
incurred, are hereby declared to be and are, ;made, a t i;,n the respective parcels of
property against which the same are a3303!3ed, and a Y)rsonal liability and charge
against thc:� 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 or-1 which such assessments are levied, and shall be
a first and paramount lien t horeon, superior_ to all other liens and claims, except
State, County, School District, and City ad valorem taxes.
The amounts assessed Ojai rest the abutting properties and the owners thereof
shall constitute a first and prior lien upon such properties and liability of
the owners thereof and shall be payable upon the acceptance by the City of Fort Worth
of the Project after its completion. Said assessments shall be due and payable on or
before thirty days (30) after the acceptance by the City of Fort Worth of the Project,
except that, if the abutting owner so elects, by complying with the terms hereinafter
sc,t Forth, said assessments may be paid in installments. Said assessments may be paid
in five (5) equal, consecutive annual installments, the first installment to be due
and payable no later than thirty (30) days after <i cc, ,tc,c op lance by the City of Fort
Worth of the Project, and each subsequent installment to be due and payable on an
annual basis on each consecutive anrni_vE,r-:;-iry lab,? of the acceptance of the Project; in
the alternative, said assessiriernts ltliy ?x, )aid in forty-nine (49) equal consecutive
monthly installments, the first installment to be due and payable no later_ than thirty
(30) days after the acc,��)Larlce by the City of Fort Worth of the Project. Any owner
electing to pay the assessinE:nt in installments, as provided for herein, as a condition
precedent to such election, must execute, a trrOnissory note and mechanic's and
material_man's lien contract evidencing the owner's intent to pay the assessment in
accordance with the terns of one of the alternatives herainabove set forth. In any
case in which the owner elects to pay the asses:311k,nt in installments under either oF-
the alternatives specified, the assessrncent shall bear interest from the date of
acceptance of the Project at the rate <„ eight percent (8%) per annum. Should any
installment not be paid on its due date, the City of Fort Worth shall have she option
to accelerate the entire unpaid balance of the assessment and declare the sane to c3!
i;rrnediately due and payable; this and other !.ears governing any default in the payment
of any installment shall be set forth in the mechanic's and materialrlen's lien
contract and shall be uniform among all owners executing the contract,.
T ri addition, drio City Attorney shall have the, a;i tho r.i_ty to authorize terns of
payment difrerent than these specified herein when the Director has previously
detennined that an �xi,rc�ne, fi+iancial hardship exists.
-3-
VT.
If default shall be made in the payment of any a:>>;OGGOY; nt, 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 jurisdiction, or as provided in any mechanic's or materialman's contract as
aforesaid, and said City shall exercise all of its lawful powers to aid in the
enforcement and collection of said assessments.
VII.
The total amount assessed against the respective parcels of abutting pr��oerty,
and the owners thereof-, is in accordance with the proceedings of file City relating to
said improvements and asses:;;me�nts thereof, and is less titan the proportion of the cost
allowed and permitted by the law in force in the City.
VITT.
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 alorenehtioned assessments by allowing credits to
certain property owners where deemed appropriate. Notwithstanding the City Council
has herein reserved the right to issue credits, it shall not be required to issue
credits, and will not do so, if same would result in inequity and/or unjust
discrimination.
The principal amount of each of the several assessment certificates to be
issued by 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 asses ;caernts.
IX.
For the purpose oC evidencing the several sums assessed ,against the respective
parcels oC abutting property and the owners thereof, and the time and terns of
payment, and to aid in the enforcement ind collection thereof, assignable certificates
in the principal amount of the r_esixective assess;ents less the amount of any
respective credit allowed thereon, shall :x� i_sstioll 15y the City of Fort Worth, Texas,
upon completion and acceptance by the City of the improvements in each unit of
improvement as the work in such unit is completed and accepted, which certificates
shall be executed by the mayor in the name of the City and attested by the City
Secretary, with the corporate seal of the Cita,r !Jiereo,i, and shall be payable
to the City of Fort Worth, or its assigns, and shall declare the said mounts, time
and terns of payment, _rate of interest, and the date of the coikoletioh and acceptance
of the improvements abutti_hg upon such property for. which the certificate is issued,
and shall contain the name oC the owner or owners, if known, description of the
property by lot and block number, or front feet thereon, or such other description as
may otherwise identify the same; and if the said property shall be owned by an estate,
then the description of same as so owned shall be sufficient and no error or mistake in
describing any property, or in giving the name of the owner, shall invalidate or in
anywise impair such cert i_;:i.c � c,; t o the assessments levied.
-4-
The certificates shall provide substantially that if same shall not be paid
promptly upon maturity, then they shall be collectable, with reasonable attorney's
fees and costs of collection, iE incurred, and shall provide substantially that the
amounts evidenced thereby shall ix3! paid to the Assessor and Collector of Taxes of the
City of Fort Worth, Texas, who shall issue his receipt therefore, which shall be
evidence of such payment on any demand for the same, and the Assessor and Collector_ of
Taxes shall deposit the sums so recelve3 by him forthwith with the City Treasurer to
be kept and held by him in a separate Fund, and when any payment shall be made in the
City the Assessor and Collector of Taxes upon such certificate shall, upon
presentation to him of the certificate by the holder thereof endorse said payment
thereof. If such certificates l)(:� assigned then the holder_ thereof shall be entitled to
receive from the City Treasurer the amount paid upon the pn-soni.,lti_on to hen of such
certificate so endorsed and credited; and such endorsement and credit shall be the
Treasurer's Warrant for making such payment. Such payments by the Treasurer shall be
receipted for the bolder of such certificate in writing and by surrender_ thereof when
the principal, together with accrued interest and all costs of collection and
reasonable attorney's Fees, if incurred, have been pild in Full.
Said certificates shall Further_ recite substantially that the proceedings with
reference to making the improvements leave been regularly had in compliance with the
law, and that all prerequisites to the fixing of the assessment lien against the
property described in such certificate and the personal liability of the owners
thereof: have been performed, and such recitals shall be prima facie evidence of all
the matters recited in such certificates, and no further_ proof thereof shall be
required in any court.
Said certificates may have coupons attached i.rl ewideQce of each or any
of the several installments thereof, or may have coupons Eor each of the first four
installments, leaving the main certificate to serve For the filth installment, which
coupons may be payable to the City of Fort Worth, or its assigns may be signed with
the facsimile signatures of the Mayor and City Secretary.
Said certificates shall Further recite that the City of Fort Texas shall
exercise all of its lawful_ power_S, when requo'ted so to do, to aid in the enforcement
and collection thereof, and may contain recitals substantially in accordance with the
above and other additional recitals pertinent or appropriate UhereoF, 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
ass(-?13S,II0nC:3 u�y)rn :ether_ 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 acco niance with the law in force in this City,
vested in the City.
X1.
All assessments levied are a personal liability and charge against the roar- and
true owners of the premises described, notwithstanding such owners may not be named,
or may be incorrectly named.
-5-
XTT
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 affecr(A by the improvements or assessments in any other unit, and
in making assess;.xlnts and in holding said hearing, the amounts assessed for
improvements in any ono unit: hcl%V? 117)�,�I1 1_r1 11)'4.30 connected with the improvements or
the assessments therefore in any other unit.
MII.
The assessments levied are made and levied under and by virtue of the terms,
povk?rs 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 1105b 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.
XTV.
The City Secretary is hereby directed to engross and enroll this ordinance by
copying the caption of same in the 111nute '3ook of the City Council of Fort Worth,
Texas, and by filing the completk� nrdi.nanco in the appropriate Ordinance Records of
said City.
XV.
This ordinance shall take effect and be in Full force and effect f_roin and after
the date of its passage and it is so ordained.
PASSED AND APPROVED this C day of _ _ _ 19 _ .
APPROVED AS TO FORM AND LEGALITY:
i9sst City Attorney
-6-
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4
ROSE HILL DRIVE
( E, LANCASTER TO APPROX, 160' NORTH)
PROJECT N0, 90-136036-00
JUNE 1989
PRO= NO. 90-136036-00, ROSE HILL DRIVE, FROM EAST LANCASTER STREET M APPROXIMATELY ONE
HUNDRED AND SIXTY FEET NORTH, to be improved by constructing a six-inch thick reinforced
concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime
stabilized subgrade, so that the finished roadway will be forty feet wide on a fifty foot
right-of-way. Four-inch thick concrete sidewalks and six-inch thick concrete driveway
approaches will be constructed where shown on the plans.
OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSME7r
EAST HANDLEY HEIGHTS ADDITION
000000770744
VINOD N. PATEL 390.00'ADJUSTED
7225 E. LANCASTER ST. E 156.00'PAVE4EN T 51.48 8030.88
FORT WORM, TX 76112 129.001CURB 3.12 402.48
BLK 1 LOT 7A 113.50 SF DR APPR. 4.01 455.14
484.00 SF SIDEIVPLK 2.14 1035.76
9924.26
*, ** 9924.26
HYDE-JENNINGS ADDITION
000006194494
ROSE HILL BURIAL PARK 2340.001ADJUSTED
C/O JACK SHANNON E 100.00'PAVEMENT 51.48 5148.00
P 0 BOX 4306 73.00'CURB 3.12 227.76
FORT WORTH TX 76106
Blk 31 5375.76
** 5375.76
-1-
ROSEHILL DRIVE
COST DISTRIBUTION
A. PROPERTY OWNER BY ASSESSMENT...... .... .... ................. ..$ 15,300.02
B. DEVELOPER OONTRIBLTTION.. ## PRE—PAID
........ ...... . ................ ..... .$ 3,284.00
Co FORT WORTH CITY* ** * .......o....9 -o ........oee....oe ... .o .....$ 25,862.22
STREET CONSTRUCTION... .......... .$ 23,745.73
ENGR.INSP./ADtiIN.. . . .... .. ...... .$ 2,116.49
(5% OF BID $ 42,329.75)
D. TC)TAL ESTIMATED PROJECT COST.... .. .. .. ... ... .. .. .... .. .. . . .. .$ 44,446.24
THE FOLLOWING CONTRACT FACILITIES AGRED07 NO. 15871 PROVIDED THE DEVELOPER'S
CONTRIBUTION 70WARDS THE STREET IMPROVEMENT COST FOR ADJACENT LOT.
HYDE—JENNINGS ADDITION, BLACK 31, LOT 1 , $ 3,284.00:
LEGEND:
* PROPERTY HAS 390 FEET. THE PROTECT LIMITS FOR THIS LOT IS 156 FEET.
** CREDIT FOR CURB INLET.
# PROPERTY HAS 2340 FEET. THE PROJECT LIMITS FOR THIS LOT IS 100 FEET.
—2—
"As rER FILE.1
ACCWNT1Ftd.2 City of Fort Worth, Texas
TRAIL ADMIN137RATIO C Ma or and Council Communication
HATER ADMINISTRAnoM i ✓
REAL PROPERT %ATE REFERENCE SUBJECT: BENEFIT HEARING FOR THE ASSESS-
NUMBER PAGE
MENT PAVING OF ROSE HILL DRIVE FROM E. 2
6 20 89 G-8089 LANCASTER STREET TO APPROXIMATELY ONE for
HUNDRED AND SIXTY FEET NORTH
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance closing the
benefit hearing and levying assessments as proposed, finding that in each
case the abutting property is specially benefitted in enhanced value in an
amount equal to or greater than the amount assessed for the improvements of
Rose Hill Drive from Lancaster Street to approximately one hundred and sixty
feet north.
DISCUSSION:
Shannon Funeral Chapels, Inc. , the developer of Hyde-Jennings Subdivision,
Block 31, Lot 1, has executed a Community Facilities Agreement (No. 15871)
with the City of Fort Worth for the construction of Rose Hill Drive from E.
Lancaster Street to one hundred and sixty feet north. The Developer has
prepaid $3,284.00 for its share of the cost for street improvements adjacent
to Lot 1, Block 31, Hyde-Jennings Subdivision, and has agreed to accept an
assessment for the remainder of the street improvements adjacent to Block 31,
which is also in its ownership.
On May 16, 1989, M&C C-11643, the City Council awarded the construction
contract and establ.ished June 20, 1989, as the date of the benefit hearing.
Notices have been given in accordance with Article 1105b,V.A.C.S.
This project is located in Council District No. 5*
PROJECT DESCRIPTION:
STREET LIMITS WIDTH/FEET ROW/WIDTH/FEET
Rose Hill Drive From East Lancaster 40 50
Street to 160' North
PROPOSED IMPROVEMENTS:
It is proposed to improve Rose Hill Drive by constructing a six-inch thick
reinforced concrete pavement with a seven-inch high attached concrete curb on
a six-inch thick lime stabilized subgrade so that the finished roadway will
be forty feet wide on a fifty foot right-of-way . Four-inch thick concrete
sidewalk and six-inch thick concrete driveway approaches will be constructed
where shown on -6e plans.
ASSESSMENTS;
An independent appraiser has advised the staff as to the amount of
enhancement to property values that will result from the proposed
improvements.
DATE REFERENCE SUBJECT: BENEFIT HEARING FOR THE ASSESS- PAGE
NUMBER MENT PAVING OF ROSE HILL DRIVE FROM E. 2 —of
6/20/89 G-8089
HUNDRED AND SIXTY FEET NORTH
Based on standard City policy , the low bid prices , and the advice of the
Independent appraiser, the cost to the property owners for their share of the
construction has been computed at $18,584.02 (42%) and the cost to the City
of Fort Worth, at $25,862.22 (58%).
The independent appraisal substantiates' that, as a result of the proposed
construction, each parcel of adjacent property will be enhanced In value by
an amount equal to or greater than the proposed assessment.
DAI:j
APPROVED oy
CITY COUNCIL
JUN v 1989
U040,
City Seamary of the
City of Port worth,Texca
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: David Ivor,y 0 APPROVED
ORIGINATING
0' OTHER (DESCRIBE)
DEPARTMENT HEAD: t r.r.e CITY SECRETARY
FOR ADDITIONAL INFORMATION /']�/�J
CONTACT: 5 Ordinance // 3-/L/ DATE