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HomeMy WebLinkAboutOrdinance 8535r ORDINANCE NO.~~ S - ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF~. _. __ cxENAULT AVENUE _ AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS: FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF: PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI- CATES IN EVIDENCE WHEREOF: RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED: DIRECTING THE CITY SECRETARY TO EN• GROSS AND E1V'ROLL 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: CHENAULT AVENUE From Sylvania Avenue to Paradise Street, known and desiginated as Project No 029-040101, a six-inch thick hot-mix asphaltic concrete pavement ' on a six-inch thick cement stabilized subgrade with seven-inch high concrete curb and eighteen- ineh wide concrete gutter on a thirty-six foot roadway Six-inch thick concrete driveways 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 GIBBINS CoNS~R. Co . 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 aril held ~at the time and place fixed therefor, to-wit, on the 16th day of March 19~_, 10.00 A.M. , in the Council Chamber in the City Hall in 'the City of Fort Worth, Texas, and at such hearing~tl~e following protests and objections were made, to-wit _protested that protested that _ _ _protested that _ _ _ .protested that ted that __ ___ ~_~~-.__ __ _____ _protested that __ -__.-___.-_______-_~-.__protested that ---_.___-- ---_-__-- ._._.__. ___.~ .__-- ---_- __-- --protested that that --~__ ,- ----__._----------------protested that • 1 and raid hearing was continued to the present time in order tq more fully accomplish the pw•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 fulls considered all groper 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 COL?N('II. OF THE CITY OF FORT WORTH, 1'F;l'A;~, '!'HAT I. laid hearing Ire and the same is herehv closed and the said protest and objections, and any and all other protests and ob•ject.ions whether herein enumerated or o- not be ilnd the same ~u~e herehv overruled II. The (.its Council 1•rom the ev-dence tines that the assessments herein levied should be made and levied against the respective Oal•celS of property abutting upon the said portiims of streets, avenues and public places and against the owners of such property alld tI)2lt SLICII assessments and charges are right and proper and ar•e substantially in proportion to the benefits to the respective parcels oi' property by means of the improvements in the unit for wliicl) such assessments ru•e levied and establish substantial justice and equality and uniformity between the respective owners of the resl)ectiye prope~'ties, and between ~rll parties concerned consider^ing the benefits received and burdens imposed and fu~•thei finds that in each case the abutting property assessed is specially benefited in enhanced value to the said property b~ means of the said improvements in the unit upon which the particular property abuts 2U)d to-' wI)7CI1 assessment is levied and charge made, in a sum in excess of the said assessment and c•ha-•ge made against the same b~ this ordinance and further finds that the apportion- ment of the c•ust of the improvements is in accordance ~ti~th the law in, force in this City and the proceedings of the City hf'rPtofore h<rd ~~•ith rei'erenc•e to said impro~ :~-lients and is in all resl.rects valid and regular III There shall be anct is hereby let -ed and assessed ahamst the parcels of property herein below mentioned and against they real and true owners thereof (~tihethei such owners be c•orrectl~ named herein of npt) the sums of money itemised below oplx)s-te the description c)f Lhe respective parcels of property and the several amounts assessed against: the same and the owner, therr~of as fai as such owners <(i•e l.nown 1>eing as follows ~z: 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 re3.eased 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, Scfiool 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 default 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 tl~at 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 Wortlz, or its assigns, payment of said sums shall be enforced by suit in any court of competent jur- indiction, 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 proper°ty, and the owner s thereof, is in accol•dance 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 b}~ the law n force ,n t.hc~ 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 certain property owners where deemed appropriate Notwithstanding the City Council has herein reserved the right to issue credits it shall not be ~•equired to issue credits and will not do so, if same would result in any equity and/or unjust discriminat,on. 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 a}lowed by the City Council as a credit against the respective assessments. IX. For the purpose of evidencing the see ei•al sums assessed against the respective parcels of abutting prop- erty and the owners thereof and the time and tern•~s oi' payment and to aid ~n the enfoz•cement and collection thereof assignal.~le certificates in the principal amount of the respect~~ e assessments less the a.nrount of any re- spective credit allowed thereon shall be issued by the City of Fort «o~th Texas, upon completion and accept- ance by the City of the improvements m each unit of impro~ ement as tl!e tio} }. in such unit is completed and accepted which certificates shall be executed by the ma~~u, in the name of the City and attested by the City Secretary with the corporate seal of the Cite ,n,pressed thereon and .hull he pa~uble to tine City. of Fort Worth or its assigns and shall declare the said amounts t,me and terms ol• l~r,~ ment rate of interest, and the date of the completion and acceptance of the ~mproyements abutting ul,+,n such 1>rol>erty for which the certificate is issued and shall contain tl~,e name of the owner or o~ Hers cf l:n+~+~~ n dt>sc ! il~t,on of the propert.v by lot and block numbe3 or front feet thereon o1 suc{~, othe, ~]t>s~ipt,on as may uther~t~se identify the same, and if the said property shall be owned by an estate then the desc~•ipt,on of same. as sn waned shall l,e suific°~ent and no error or mistake in describing am propert< c,r in g~a !nn• the name of th+~ na net.., shall ,m alidate of m anywise impair such certificate to the assessments let red The rertcfirates shall prop ide sul,stantiall~ that ,f s~ur!c skull nut I,r> pain }~rumptl~ upon maturity then they sh 11 be c+~)lec table ar,th reasonable attot•ne~ s fees and +•u>;t s .+f + ulic~c tt+,n ! f ,nccn•t•ed and shall provide substanttafly that the amounts ey,rlenced therel~~ shall be 1><u+{ to ih+~ A~sessut and Cc,llectot of Taxes of the City of Fort Worth 'Cexas who shall issc.~e lug receipt the r~fu, a hic I; sh:dl be e~,dence of such payment on any demand fat the same and the Assessui uu1 ('oliectot of Tapes ~h ill depus,t she sums so receiaed by him fo2•th- with with the Ctt~ Treasurer to be kept zcnd held b~ hint in a seputuit t•i,nd and when any payment shall be made ~n the Citt the Assessor and Cul}eclat of 'faxes ut~c>n ~,uc h , c~rh,li~.cte shall c.!port presentation to him of the certificate l>~ the holder thereof endorse sa!d par meat t.h~rE•nl' l' sac (, ~ertriicate be assigned then the holder thereof shall 1>e entit{ed to rec•ei~e from the City Ttc~asur~, i4~e uu,un+ Paul upon the presentation to him of such certificate so endorsed and credited and such end+,rsencc~nt .t ?ci , ~dtt shad Ise tlte']'reasurer's Warrant for making such payment. Such payments h~ the Treasure s.h +11 !,~~ re~e!{ red f~, the holder of such certificate in writing and Lw surrender thereof` aahen the print p<!1 i >~etl c, ~.a,th ++< rued irotF~rest and all costs of collection and reasonable attornel ;; fees i#' ,ncur,•er1 huge been {~ ud in full Said certificates shall further ree~te substantially that the 1„•ocee,~hngs alcth reference to making the improvements have been t•e~•ularlt had in compliance ~~ ith tl,e 1 ~ ind t{ !i all pic~requis,tes to the fixing of the assessment iten against the property desu•cbed to such c+>r!,licate +nd tli~~~ person~!1 lcabilct~ of the owners thereof have 1.>een performed and su<h recitals shall be prin!a fac•!E~ e~,dEn~+ < f' it tl!t~ nt cttc~rs rec!ted !n such certificates, and no further pt•oof thereof shall l,e required m any court Said certificates may have coulx,ns attache+l ti!ere.tu ut et iric~nee uf• each !t un~ oi• ti,e se~eraf installments thereof, or may have coulx,ns for each of tl!e rust. four installments leicvin~• tl!e main c•ertiticate to serve for the fifth installment which coupons may be pay able to the (its of Fort ti1~ art h of ]ts assigns mug be signed with the facsimile signatures of tl,e iA'Ia~or and City ~ecretar~ .~ - ~ ~ e ~• Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful powers, when requested so to do, to aid in the enforcement and collection thereof, and may contain recitals sub- stantially in accordance with the above and other additional recitals pertinent or appropriate thereof, and it shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of any of said units adjacent to any premises exempt from the lien of such assessments shall not in anywise invalidate, affect or impair the lien of such assessments upon other premises. X. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof, is, in accordance with the law in force in this City, vested in the City XI. All assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. XII. The assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve- ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the 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 Worti-, Texas, and by filing the complete Ordinance in the appro- priate Ordinance Records of said City xv This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED this ~ ~~ day of ~ 19~ APPROVED AS TO FORM AND LEGALITY City Attorney PROJECT NO -040101. CHENAULT AVENUE FROM SYL'VANIA AVENUE TO PARADISE STREET, to be improved y constructing a six-inch thick hot-mix asphaltic concrete pavement on a six-inch thick semen stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-six foot roadway Six-inch thick concrete driveways will be constructed where specified OWNER S W B Telephone Tax Division 1509 Main Dallas, Texas 75202 W L Smith 1529E Terrell 76104 George H Anderson 2605 Chenault 76111 ALLEY INTERSECTS Octavia Johnson 910E Tucker 76104 BLOCK LOT ZONING FRONTAGE RATE AP.IOUNT ASSESSMENT RIVERSIDE ADDITION W-30-10 1 27 8' Pavement $25 99 $722 52 116 S F Driveway 3 13 363 08 Ind $1,085 60 l~!-109 5-10 1 79 5' Pavement $25 99 $2,066 21 Less W 30-10 79 5' Curb & gutter 7 46 593 07 Ind 85 S F Driveway 3 13 266 05 $2,925 33 E-60'-10 1 Owner occupied 60' Pavement $17 O1 $1,020 60 Ind 60' gutter only 3 73 223 80 $1,244 40 12-R 1 Res 20' -0- 70' Pavement $8 04 $ 562 80 70' Curb & gutter 7 46 522 20 140 S F Driveway 3 13 438 20 $1,523 20 Mrs Vera Teal Byrd 11-R 120 Paradise 76111 1 Res 99 5' Pavement $8 04 99 5' Curb & gutter 7 46 $ 799 98 742 27 $1,542 25 -1- PROJECT NO 029-040101_z CHENAULT AVENUE CONT: BLOCK OWNER LOT ZONING FRONTAGE RATE SOUTH SIDE RIVERSIDE ADDITION AMOUNT ASSESSMENT Pinkie 0 Thomas E 110'-12 28 110` Side Lot adjusted to 3314 Magnolia 100' Pavement $8 04 $804 00 Oakland, California Res 100' Curb & gutter 7 46 746 00 94608 85 S F. Driveway 3 13 266 05 $1,816 05 Melvin Allen W59 5'-12 28 59 5' Pavement $8 04 $478 38 2616 Chenault 59 5' Curb & gutter 7 46 443 87 76111 Res 85 S F Driveway 3 13 266 05 $1,188 30' ALLEY INTERSECTS 20' -0- Irreasa Drake E-50'-1 28 50' Pavement $25 99 $1,299 50 2012 S Grove 50' Curb & gutter 7 46 373 00 76.106 Ind 85 S F Driveway 3 13 266 05 City of Fort Worth W-120 09-1 28 120 09' Frontage Ind Total cost to property owners (assessments ) $13,263 68 Total cost to City of Fort Worth $42,811 67 Total estimated construction cost $56,075 35 $1,938 55 -0- -2- ., _ ~,., ~ ~ STER FICE~v 'CITY MANAfi(aR•3! ~~ lLJ/ ® U ~l~/ !/ lli~ ~~ ILIV U f(~~L/ ll~~ ~®~~ (L~IV~~LLi~/~ (L~~ ACCOUNTIN0,2 sh ~TRANSPORTATI N~99f~fEIC W®RKS•6 REFERENCE SUBJECT Benefit Hearing - Reconstruction PAGE NUMBER of Chenault Avenue from Sylvania Avenue for 2 taw-r G-5248 o~,ParaSi e; Str et, ,; ~, ; On February 23, 1982 (M&C C-6153), the City Council declared the necessity for and ordered the improvements on Project No 029-040-101-00, as described below A construction contract was awarded to Gibbins Construction Company in the amount of $45,963 40, and March 16, 1982, was set as the date for the~lienefit hearing All of--the adjacent property owners were notified of the hearing by certified tnai-1 on February 26, 1982 escription Limits Roadway ROW Width-Feet Width-Fee - - ~ ~ ~~~ault Avenue Sylvania Avenue east to Paradise St 36 60 _.__. _F,__._, ~ ~"O~i-gi'°n-~€ Project -.----_. ~ Y On I~a~20, 1980 (M&C C-4548) , the City Council allotted the $47, 813, 000 Capital - Improvement Program, approved by the voters on April 5:;.;1980, .into specific categories One of. the categories provided $1,700,000 to~°be used specifically for the improvement of residential streets in the "Inner City" On November 5, 1980 (M&C G-4750), four Inner city streets were selected for reconstruction, including Chenault Avenue, at an estimated construction cost of $78,000 Improvements This segment of Chenault Avenue has an existing gravel base with penetration surface, paved by the County in 1976 with no curb and gutter and is presently in poor condition Improvements will consist of the construction of new residential type pavement with concrete curb and gutter and driveway approaches Sidewalk will also be constructed on both sides of the street since it leads to a bus route and the new Riverside Community Center at Chenault and Sylvania No storm drain facilities are required with the exceptian~of subdrain pipe Assessments sand Enhancements In accordance with standard City policy, residentially-zoned property will be assessed $15 50 per front foot for pavement, curb and gutter, plus the cost of required driveway approaches Property zoned other than residential is being assessed $33 45 per front foot for similar items. However, one parcel is zoned "Industrial", but is owner-occupied and in accordance with the City's current policy is being assessed $24 47 per front foot for pavement, curb and gutter with credit allowed for existing concrete curb Total assessment to property owners is $13,263 68 with the City's coris~'C;~ction cost being $32,699 72, plus $10,111 95 (22%) for engineering Based on previous appraisals of simian- property considering the improved access and controlled drainage afforded by continuous curb and gutter, plus the benefit of new sidewalk provided at not cost to the property owners, it is the opinion of the Transportation and Public Works Director, that each parcel of property being assessed will enhance in value by as much or more than the proposed assess- ment ~~ ~