Loading...
HomeMy WebLinkAboutOrdinance 8561ORDINANCE NO.-~~ L ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_I~IA'C6U.G9.. ~~HFrFi n RnAn (NORTH LANE) _ AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE ('ITY 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 'THEREOF 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 7'0 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 s 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 of Fort Worth, Texas, be improved by raising grading or filling same and by constructing thereon to-wit WATAUGA SMITHFIELD ROAD (NORTH LANE) From Pacesetter Drive to Service Road to I35W known and designated as Project No 029-36623 a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized~subgrade with seven-inch high superimposed concrete curb on a thirty-six foot traffic lane 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 J L Bertram .Construction & ineering Inc for the making and construction of such improvements on the above said portion of streets, avenues and public places. WHEREAS, estimates of the cost of the improvements of each such portion of streets, avenues and public places were prepared and filed. and approved and adopted by the City Council of the .City and a time and place was fixed for a hearing and the proper notice of the time, place and purpose of said hearing was given and said hearing was had and held at the time and place fixed therefor to-wit, on the_20th.day of ~nri 1 , 19 82 10 00 A . M . , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit protested that _ protested that _ _ ___ _ protested that ted that that __.__ ______ .protested that __ _ ._._.._._.__- _protested that __ ___ .___. ___________protested that ted that _____ ,..___-_~__~____-___.____protested that surd said hearing was continued to the present time in order to more fully accomplish the purposes thereof and all desiring to be heard were given full and fair ppportunity to be heard and the City Council of the City having fully 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 ('ITY COI1N('IL OF THE CITY OF FORT WORTH, I. ~aicl hearing l>e and the same is hereby closed and the said protest and objections, and tiny and all other protests and objections, whether herein enumerated or or not, be and tl~e same are hereb•v overruled. II. 'i'he (.its Council 1'r•um the evidence finds that the assessments herein levied should be made and levied against the respectrve parcels of pr•opert~ abutting upon the said portions of streets, avenues and public places illld against the owners of such property and that such assessments and charges ~u•e right and proper and are substantially in proportion to the benefits to the respective parcels oi' prolrei•t~ liy means of the improvements in the unit for ti Lich such assessments ar•e levied and establish substantial justice and equality and uniformity between the respective owners of the respective pr•opert-es, and between all parties concerned considering the benefits received and burdens imposed and further finds that in each case the Abutting property assessed is speeiall~ benefited in enhanced ~aiue to the saki property -,~ means of the said improvements in the unit upon which the partic•ul~u• property abuts and fur tihic•h assessment is levied and charge made in a sum in excess of the said assessment and charge made against the same l,~ this ordinance and further finds that the apportion- ment of the c•ust of the improvements is in accordance ~tiith the law in for°c•e in thrs City and the proceedings of the ("it.~ heretofore had ~~ ith reference to aid rmpro~ ~nrent., and is in all respects valid and regular III 't'here shall be and is hereby lei red and assessed ag<-inst the parcels of property herein below mentioned and against the real and true owners thereof (t+hether sucli owners be c•orrectl~ named herein or not) i;he sums of money itemized be oti opposite the descv•rption o1' the r•espec tip e parcels of property anc~ the several amounts assessed against the same unci the owner thereof <rs fair as such owners ,rre known being as follows IV Where more than one person firm or corporation owns an interest in any property above described, each said person firm or corporation shall be personally liable only for its, her or his pro rata of the total assessment against such property in propor- tion as its, his or her respective interest bears to the total ownership of such pro- perty, and its his or respective interest in such property may be released from the assessment lien upon payment of such proportionate sum V The several sums above mentioned and assessed against the said parcels of pro- petty, 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 hecome due and payable as follows to-wit in five (5) equal installments due respectively on or before thirty (30) days one (1), two (2) three (.3), and four (4) years from the date of completion and acceptance of the improvements in the respective unit and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of eight percent (8%) per annum payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property abutting upon such completed and accepted unit shall be and become due and payable in such installments and with interest from the date of such completion and acceptance Provided, however that any owner shall have the right to pay the entire assessment or any installment thereof before maturity by payment of principal and accrued interest and provided further that if default shall be made in the payment of principal or interest promptly as the same matures then the entire amount of the assessment upon which such def 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 owner or owners according to the terms thereof of the sums assessed against such property VI If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the property by the Assessor and Collector of Taxes of said City as near as possible in the same manner provided for the sale of property for the non-payment of ad valorem taxes, or at the option of the City of Fort Worth or its assigns, payment of said sums shall be enforced by suit in 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. The total amount assessed against the respective parcels of al.~utting property and the owners 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 allc,wed and permitted br• the law n force ui 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 b~ allowing credits to certain pr°operty owners where deemed appropriate. Notwithstanding the City Council has herein reserved the right to issue credits it shall not 1Se reduit°ed to issue credits, and w ill not do so, if same would result in any equtty and/or unjust discrimination The principal amount of eac}~ 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 mav liereaft,er 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 the enforcement and collection thereof assignable certificates in the principal amount of the respective assessments less the amount of any re- spective credit allowed ;hereon shall be issued lrv the City of Fort Vl'oi th Texas upon completion and accept ante by the City of the improv~enrents in each umt of improv ement as the woi h in such unit rs completed and accepted which certrfic•ates shall be executed by the mayor rn tike name of the City and attested by the City Secretary with the corporate seal of the City impressed thereon and luill lie pay able to the City of Fort Worth or its assigns and shall declare the said amounts time and ter rn of pay nrent i ate of interest, and the date of the completion and acceptance of the rmprmements ahuttina upon uch property for whicl; the certificate is issued and shall r•ontain the name of the owner or :,w Hers rf l.n v+n disc ~ ilrtion of the property 'bv lot and block number or front feet thereon or such other descip ion as ma+ otl erv+ise identify the same and if. the said propert\ shall be owned by an estate then the description of rnre as su uwneii shall be sufficient and no error or mistake in describing an\ propert.\ c:r ui o•r\ir.~• the Hanle of th,~ ,++ner shiill in\alidate or in anywise impair such certificate to the assessments ley i~d The certificates shall prov ide ubstantrally that rt• sanrc. sh ill nut 1>c~ pain pruniptly upon maturity then they sh ll be c~illec tolrle with reasonable xttvrnev s fees urd ,.,t f ~•oll ~< tion if me°urred and shall provide substantially that the amounts e\•i fenced thereb\ steal{ be l~aiil to th,~ ~lssessui ind Collector of Taxes of the City of Fort ~~ of th 're~as who shall issue h i receipt th >>•e or ++ fuel hill lie c'\ rdence of such payment on any demand for the same and the Assessor and Collector of Ta,c~ hall dc>posit he ums so received by him forth with with the City Treasurer to 1>e l:el~,t turd held by him in , sE_p<ri<r e fiend and when anv payment shall be made it the Crty the Assessor and C, liectoi of 'faxes a +on uc Ir , ertiticate shall neon presentation to him of the certificate In the holder thereof endi~rse said pay rnent the •t•ut I i' uc li cep t ti<ate be asst~ned then the holder thereof shall lie entitled to receive from the City Tieasurc~r the rn, nu,t paid upon the pi°esentation to him of such certificate so endorsed and credited and uch c~nd ~rsenic~nt r i r lit sh 11 be the Treasurer's Warrant for making such payment such payments by the '1'ieasui•e hill bc~ rc c, tecl f r the holder of such certificate in writing and by su ,render thereof` v+hen the prmc pal t >,~• ti i e+tth ,,, rued iritc~rest and Il costs of collection and reasonable attorney s fees if• inc urrerl hay e Been p ud in full Said certificates shall further recite suhstantially thin t'h~ Irioeeedings v+•ith reference to making the improvements have been i•e~•ularl\ had in compliance ++ith the. I + ttr,cl tl ,i a!1 pier•equi rtes to the fixing of the assessment lien against the property described ur such 'r iiicate incl ilie personn.I lral,ilrty of the owners thereof have been performed turd such recitals shall lie prirria facie ev icic n~ ±' Il tii nr iticrs recited in uc•h certificates, and no further proof thereof shall lie i eetuirrc{ in urv court. Said certificates mav have ccmpuns attic teed thereto ur ev ~ leix e of c~ac I, ,r anv of the sev eral installments thereof or mav ha\e coulxms for each of tl,c~ first four installments lea\in~ thcr mam c•ei•tiiicat.e to serve for the fifth installment. which coupons mav be pa\ able to the C t\ of Furt ~1 urth ui its assigns ma\ be signed with the facsimile sit;nattn•es of the Flavor and Cit\ ~ecrettu•v 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 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 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 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 ~~ Clty Attorney PROJECT N0. 029-36623, WATAUGA SMITHFIELD ROAD (NORTH LANE, FROM PACESETTER DRIVE TO SERVICE ROAD TO 135W, to be improved by constructing a seven-inch thick reinforced con- crete pavement on a six-inch thick lime stabilized subgrade with seven-inch high super- imposed concrete curb on a thirty-six foot traffic lane NORTH SIDE BLOCK OWNER LOT ZONING Western Company 1R1 1 of North America Ind P o Box 186 Fort Worth Tx 76101 Attn Mr Bill Hanshaw REFC Dept WESTERN. TECHNICAL & MANAGEMENT CENTER FRONTAGE RATE AMOUNT ASSESSMENT 5 430' adjusted to (Drainage easements) 5 320' Pavement $42 39 $225,514 80 5 320' Curb 1 37 7 288 40 $232 803 20 TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) TOTAL COSfi TO CITY OF FORT WORTH $232,803 20 $401,400 05 TOTAL ESTIMATED CONSTRUCTION COST $634 203 25 iER FILE-1 ___. Cat ® , Fort Worth, texas y .~ g~QUNTING.2 J~1Cay®r aD'd,~ ~®un~~l ~®~,~,a,~~icat~®~. Sp_pRIAT10N,PU041C WORKB•8~ DATE REFERENCE SUBJECT RP_Rl: fit Nearing-Watauga PAGE NUMBER Smlthf.iel.d Road from PacesPtt r "' /./7n/Q7 r_~~~7 nra.ve Fast to L-35W >or °--•-__~" li1`~M:3r.ch-23 ._„192 (MFG(' C-6217) the City Coun~Il d~cl.ared the necessity for and ur_dixed th.e--• Improvement on Project No 029-036-h23-00 described be-.l.ow A con- .~ _t.r._r-etion~Teon=t'~act was awar:ied to J L Bertram ~onstruct~.on & F.,ngineering m, .~--_> In•~~=-` =iii`' t11e"amount of $5~2 7a 3 32 and Apr ~ l 20 1982 was set as tyre date for _ ,.: "°'-"`"'tlie""'benefi ...__he.~~Ing The ndlacent property owners were notified of the hearln;; ~iv~rce_rt.tf~;~~1:...ma~l on Aprt1 2 1982 .~. ~~_. r,.. _ T ~x..,._._.., _.:. noadway R n tai ..treet___._._.x,-~.____ --- Limits 4~dth-Feet Width-Feet ~'1i"fli~'ld Pacesetter. nrive 1 of 2 60 ~ `" Fast to I-351a 36 Lanes Or.igAof Project ~n May 26 198.1 (~~1&C' C-5705) the City nuncll authorized Commim~.ty Facll.it es Agreement No 11739 with the idestern Company of North America for the develop- ment of Lot 1-R-1 Block 1 Western Technological Management Center Addition Included In the agreement Is tl~e assessment paving of Glatauga-Smithfield Road (a border street) consisting of the north one-half of a double 36 wide road way of arterial grade pavement and all. required drainage improvements Improvements This segment of sub]e_ct roadway w111 be Improved by constriction of 7-inch con- rete pavement with 7-Inch high superimposed concrete curb on a 6-inch. lime stahlized subgrade Right-turn lanes w111 be provided at IN-35W and Eddie Chiles Boulevard Storm drain f.aci-lilies will consist of a concrete box culvert and 148.1 linear feet of storm drain pipe and required appurtenances Assessments and Enhancements Based on the lo~a bId and standard City policy the d veloper s assessment on this segment of Watauga-Smithfield Road is $232 803 '?0 In addition to and n accordance with special provisions stipulated in the Community Facilities Agreement storm drain cost to the devel per in this contract is $4.1 713 65 for which the developer has deposited $5R 770 00 with the C'Ity at the tlma~~ the Common tv Facilities Agreement wa.s approved Cost to the City for street con- struction is °195 050 67 and S123 145 80 for storm drainage facilities plus $41 489 93 (7%) for engineering .,; ..-.,~ ~,.._ .~-w-r~ DATE REFERENCE SUBJECT Benefit Hearing-Watauga pAGE NUMBER Smithfield Road from Pacesetter 2 2 4 20 82_ G-5287 Drive East to I-35W °' Rased nn previous anpraisals of newly developed industrial zoned property it is the opinion of the Director of Tran sportation/Public Works that the Western Technological Management Center Addition will enhanc.P in value by as much or more than the proposed assessment as a result of the street improvements Recommendation It is recommended that an ordinance he adopted closing the benefit hearing and lt?vying the assessments as proposed GG di ~ ` ~ '~° ° ' ~ ~Tt I ~s ~ ~ ~f ~~ APR ~Q 1~ 'P /lri'-~ ~ ` ~ ~ @g1ESCnrY of the ~ " ~~ yiV;C1y ~~t ADOPTED QRDINANCE N® ~S~f SUBMITTED FOR THE CITY MANAGER'S OFFICE BY DISPOSITION BV COUNCIL. PROCESSED BY } ~ ^ APPROVED ORIGINATING ~ ^ OTHER (DESCRIBE) DEPARTMENT HEAD CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt EXt 7 DATE