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HomeMy WebLinkAboutOrdinance 8564 ORDINANCE NO..-~ s-~ ~ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__ _ VILLAGE cREEK ROAD _ __ 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 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 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 or filling same and by constructing thereon to•wit VILLAGE CREEK ROAD From Poly Freeway Access Road to Martin Street, known and designated as Project No 021-023166, Unit I A seven-inch .reinforced concrete ,pavement on a sib-inch thick lime stabilized subgrade with seven-inch superimposed concrete curb on a sixty- foot roadway Six-inch thick concrete driveways will be constructed where specified MARTIN STREET From 30 Feet East of Tahoe Street to Village Creek Road known and designated as Project No 021-022 158 Unit II A six-inch reinforced concrete pave- ment on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a forty-foot road way Six-inch thick concrete drive- ways 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 SRO ASPHALT, 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 the2.Zth-.day of Anr~-1 , lg~~, 1Q...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 that that ___ __protested that _ ___ _ ____ ____-__ _protested that ___. _____.___...___,_ _protested that _- _ ._..______ __~.. ~_. __.___ ______protested that ted that .__protested that and 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 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 I3E IT ORDAINED I3Y THE ('ITY COL?N('~L OF THE CITY OF FORT WORTH 'I'F:~A~, 'THAT I. tiaid hearin~• Ire anti the same is hereby closed and the said protest and ob•lertions, and any and all other brutests and ob,jert.ions whethel herein enumerated or or not be Rlyd tl?e same are hereby overruled. II. The lit (.ounc•il 1'rum the e~ldenc•e finds that the assessments hereln levled should be made and levied against the respective parcels of property abutting ubun the said partiirns 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 tl,e respective parcels oi' probert~ Irv means of the improvements in the unit for whi(•h sue•h assessments are levied and establish substantial justice and equality and uniformity between the respective owners of the respective broperties, and between all parties concerned considering the benefits received and burdens imposed and further finds that in each case tl?e abutting property assessed is specially benefited in enhanced value to the said bropert~ I)~ means of the said improvements in the unit upon which the irartic•ul<u• property abuts and fo- which assc~ssme-?t is levied and charge made in a sum in excess of the said assessment and charge made agalnst the same b~ this ordinance and further finds that the apportion- ment of the cost of the improvements is in ac•cordanc•e ~~ith the law in force in this City and the proceedings of the ('lt.~ h(~re~tofore had ~~ith rei•erenc•e to said lmbro~ 'n-ents and is In all respects valid and regular III 'There shall he ~tnd is herelr~ lei ied and assessed against the. barrels of property herein below mentioned and i1g211nSt the real il-rd t:rUe ON11e1'S tllei'eoi (~Sllf'tllel such owners Ile c•orrertl~ named hereui or not) the sums of munet itemired befoti opboslte the description ot• the resbe(ti~e parcels oi' bropert~ and the sevelal amounts assessed against. the same and the owner. the,•eot' as fa- as such owners are l:nuwn 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- 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 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 G30) 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 Pudic 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 e VII. The total amount assessed against the respective parcels of abutting property and the owner thereof is in accoz•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 ln, the law n force in t.l1c: (~itv 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 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 right to issue credits it shall not I>e 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 hereaft,er• he 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 of ~pavment and to aid in the enforcement and collection thereof assignable certificates in the principal amount of the respectn e assessments less the amount of any re- spective credit allowed thereon shall be issued h~~ the City of Fort ~~ of th Texas upon completion and accept ante by the Cite of the impro~•enlents in each unit of impro~ ement as the woi 1. in such unit is completed and accepted which certificates shall be executed hti the n1a~ cpr 1n tl,e Hanle of the Citv and attested by the Crty Secretai•v with the corporate seal of the City impressed thereon and hall l.ie lrr<irble to the City of Fort Worth or its assigns and shall deElare the said amounts, time and ter m~ of pt1~ meat rate of interest and the date of the completion and acceptance of the improvements abutting upon uc h property for wllicl~ tl,a certificate is issued and shall contain the name of the owner or :,wners if hn ~~ n dc~,c 1lption of the property by lot and block number or front feet thereon o1 sorb other desciptu?n as may ,tl er~~ise identify the same and if. the said property shall be owned by an estate then the description ;~f same as so uw ned shill be sufficient and no error or mistake in describing am property c r in gig ino~ the Hanle of thc~ o~~ nei shall 1m ahdate of in am wise impair such certificate to the assessments lei led 'Phe certificates shall prop ide ubstantiall~ t tat if ~sarn<. shall nut bf~ paid prunlptl~ upon maturity then they sh 11 be callect:able with reasonable lttorne~ s fees u1d , r;t f c oll~c tu,n if incurred and shall provide substantially that the amounts eyi fenced thereby shall be l,a1d to the Assessul and Collectui of Taxes of the City of Fort ~'t orth 'I'etas who shall issue his receipt there ui ~~ h 1c I hill be (~~ idenee of such payment on any demand foi the same, and the Assessul and Collector of Tapes h 11 deposit he ~un1s so received by him forth with with the City Treasurei to be kept zu~d held I>~ him m u. sepal lie fund and when ant payment shall be made rr the City the Assessor and Cc liectoi of '1'a~es a um u, h ,•c~riiti~ate shall nlxnl presentation to him of the certificate I>~ the holder theieof endorse said pay nlent the ~eoi' It uc•h cent ficate be assihned then the holder thereof shall be entitled to rec•ei~e from the C'it~ Ti easurc~l the 1n, ,nnt paid neon the presentation to him of such certificate so endorsed and credited and such end ,rsen cnt ~ ~i i lit sl1 i1 lie the 1'reasui•er s Warrant for nicking such payrrlent Such payments l,~ the 'I'i easurel hall !,(~ 1 ~ c, ted f 1 the hoklei of such certificate in writing and 1.1v su •rendel thereof' ~~ hen the prim pal i ii i ~.~ i th ,< < rue,l interest and 11 cost; of collection and reasonable attorney s fees if' incurred have been l~ ucl in full Said certificates shall further recite substantially thin tllc p1 c>ceedings ~~ ith i eference to making the improvements have been r•eg•ularl~ had in eomphance ~+ith the 1 ~ ,roil tl ,i a!1 plerequi ites to the fixing of the assessment lien against the property desc rifled 1n such c~i lilt ate u1d i.iit~ person,ri habilit~ of the owners thereof have been pet•formed and such recitals shall be prima facie e~ i lc r~ !' 11 tl, rn piers recited in uc•h certificates, and no further proof thereof shall be required in <<n~ cuul•t Said certificates mat have coupons attached thereto in e~ i ien •e of eat 1, ,1 any of• the see e1 al installments thereof or may hate coulxms f•or each of the fii t four installments lea~in~~ the 11121111 ce1'tlfl(ate to serve for the fifth installment which coupons rnav be p21~ xlile to the C t. of• Fort ~1 urt h rn it assigns may be igned with the facsimile signatures of the ~~lavcn• and City. ~ecretar~ ~~ Said cei~tificatea 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 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, s~-- APPROVED AS TO FORM AND LEGALITY ~ ~~ ~ ._ ~ Ci`ty Attorney PROJECT NO 021-23166, UNIT. I, VILLAGE CREEK ROAD FROM POLY FREEWAY ACCESS ROAD TO MARTIN STREET, to be improved by constructing seven inch reinforced concrete pavement on a six- inch thick lime stabilized subgrade with seven inch high superimposed concrete curb on a sixty foot roadway Six-inch thick concrete driveways will be constructed where specified BLOCK OWNER LOT zONiN~ FRONTAGE RATE AMOUNT ASSESSMENT EAST SIDE City of Fort Worth 1 Southeast Service Center S E SERVICE CENTER 1 468' Frontage Ind J W. Haynes Survey C. P Waggoner Tr 1 233 S E 14th St Ind Grand Prairie Texas 75050 WEST SIDE C P Waggoner Tr 33-D 233 S E 14th St Ind Grand Prairie Texas 75050 80' Pavement 80` Curb G J Ashabanner Survey 85' No benefit S E SERVICE CENTER City of Fort Worth 1 1 465' Frontage Service Center Ind -0- $37 56 $3 004 80 1 38 110 40 $3 115 20 TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) TOTAL COST TO CITY OF FORT WORTH TOTAL ESTIMATED CONSTRUCTION COST -0- -0- $ 3 115 20 $166 909 26 $170 024 46 1 PROJECT NO 021-22158, UNIT II MARTIN STREET FROM 30 FEET EAST OF TAHOE STREET TO VILLAGE CREEK ROAD, to be improved by constructing a six-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 driveways will be constructed where specified OWNER LOT BLOCK FRONTAGE ZONING RATE AMOUNT ASSESSMENT NORTH SIDE HOMEWOOD ADDITION M L Jolly 12 5 100' Pavement $14 12 $1,412 00 4505 Martin Street Res I00' Curb 1 38 138 00 76119 $ 1 550 00 Sybil Lee Franklin 11 5 100' Pavement $14 12 $1 412 00 Mail to Res 100' Curb 1 38 138 00 Jessie Richardson 124 S F Driveway 2 65 328 60 4509 Martin Street $ 1 878 60 76119 Lt Col Charles D Easley 10 5 158' Pavement $14 12 $2 230 96 Gen Del Rt 2 Res 158' Curb 1 38 218 04 Houlka Miss 38850 $ 2,449 00 Jean Street intersects Sharon Cobb 21 & 8 Owner occupied 4717 Jean Street 22 Ind 200' Pavement $24 19 $4 838 00 76119 200' Curb 1 38 276 00 $ 5 114 OO GLADWIN INDUSTRIAL Vernon Gladwin 3 & 4 3 494' Pavement $34 26 $16,924 44 6014 Shelton Ind 494 Curb 1 38 681 72 76112 $17 606 16 Vernon Gladwin 4 4 428' Pavement $34 26 $14 663 28 6014 Shelton Ind 428' Curb 1 38 590 .64 76112 $15 253 92 G J ASHABANNER SURVEY C P Waggoner Tract 33-D 250' Adjusted to (drainage easement) 233 S E 14th St Ind 205' Pavement $34 26 $ 7,023 30 Grand Prairie Tx 185' Curb 1 38 255 30 75050 $ 7 278 60 2 a PRGJECT NC 021-22158. UNIT II, MARTIN STREET Continued BLOCK OWNER LOT ZONING FRONTAGE SOUTH SIDE J W HAYNES SURVEY C P Waggoner Tract I 45' No benefit 233 S E 14th St Ind Grand Prairie Texas 75050 RATE AMOUNT ASSESSMENT -0- Mrs Ned B McCulley Tract 4-A 259 6 Pavement $34 26 $ 8 893 90 3110 Ave K Agri 249 6 Curb 1 38 344 45 7b103 $ 9 238 35 ADAMS INDUSTRIAL PARK J Carrell Adams 2 2 490' Pavement $34 26 $16 787 40 P 0 Box 9085 Ind 480' Curb 1 38 662 40 76107 $17 449 80 Diamond E Industries Sub Diamond E Industrial Inc 622' Pavement $34 26 $21 309 72 P 0 Box 50127 1 1 622' Curb 1 38 858 36 76119 Ind .233 S F Driveway 2 65 617 45 $22,785 53 PARKER HENDERSON ROAD intersects ADAMS INDUSTRIAL PARK J Carrell Adams 1 1-R 240' Pavement $34 26 $8 222 40 P 0 Box 9085 Ind 240' Curb 1 38 331 20 76107 $8 553 60 ECHO HEIGHTS ADDITION State Recoveries Inc 95' Pavement Louis Ingram 1 5 4801 Tahoe Drive Ind 76119 $11 12 $1 056 40 $1 056 40 3 PROJECT NO 021-22158, UNIT II, MARTIN STREET cont TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) TOTAL COST TO CITY OF FORT WORTH TOTAL ESTIMATED CONSTRUCTION COST BOTH PROJECTS TOTAL COST 'f0 PROPERTY OWNERS (ASSESSMENTS) TOTAL COST TO CITY OF FORT WORTN TOTAL ESTIMATED CONSTRUCTION COST $110 213 96 $ 99,831 23 $210 045 19 $.1 I3 329 16 $266. 740 49 $380,069 65 4 .. ;:~~ r ~~ City of Fort Worth, texas 1l~ayor and Counczl Communication DATE REFERENCE SUBJECT Benefit Hearing-Village Creek PAGE NUMBER Road and Martin Street Paving 2 4/27/82 G-5293 and Drainage Improvements for -- On March 30 1982 (M&C C-6228) the city Council declared the necessity for and ordered the improvements on Project Nos 021-023-166-00 and 02I-022-158-00 described below A construction contract was awarded to SRO Asphalt Inc in the amount of $3.51 916 35 and April 27 1982 was set as the date for the benefit hearing All of the adjacent property owners were notified of the hear- ing by certified mail on April 9 1982 Project Description Roadway R 0 W Unit Street Limits Width-Feet Width-Feet I Village Creek Road Poly Freeway to 60 80 Martin Street II Martin Street Tahoe Street to 40 to 44 60 Village Creek Rd Origin of Project On June 1978 M&C G-3837) the city Council approved the 197b-81 Capital Im- provement Program (CIP) which included the new construction of the above seg- ment of Village Creek Road to Thoroughfare status (Page ST-37) and the new construction of Martin Street from Parker Henderson Road to Village Creek Road (Page ST-15) Included in this contract is the upgrading of Martin Street from Park Henderson Road west one block to Tahoe Street thereby providing an improved roadway from Village Creek Road west to Miller Avenue and Wichita Street Improvements Village Creek Road will be improved by construction of thoroughfare grade concrete pavement complete with concrete curb and driveway approaches on a 60-foot wide roadway which will provide for four moving traffic lanes Martin Street will be improved by construction of collector grade concrete pavement with concrete curb and concrete driveways where specified on a 40-foot ~oide roadway increasing to 44-feet wide at Parker Henderson and Village Creek Road Storm drain facilities will consist of a reinforced steel culvert and 671 feet of storm drain pipe and appurtenances Assessments and Enhancements Based on the low bid and standard City policy adjacent properties will be assessed $113 329 16 for pavement and curb plus driveway approaches where specified All of the adjacent properties are zoned industrial except four parcels west of Parker-Henderson Road which are zoned residential and one parcel on the south side of Martin Street which is zoned agricultural Cost to the City for construction is $238 587 19 of which $114 924 14 is for street construction and $123 663 05 for storm drainage plus $28 153 30 (8%) for engineering DATE REFERENCE SUBJECT Benefit Hearing-Village Creek PAGE NUMBER 4/27/82 Road and Martin Street Paving 2 2 _ C-5293 and Drainage Improvements °` Based on previous appraisals of like properties considering the new improved access to a mayor thoroughfare and the improved drainage facilities it is the opinion of the Director of Transportation and Public Works that each parcel of property being assessed will enhance in value by as much or more than the proposed assessment Recommendation It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed GG di SUBMITTED FOR THE CITY MANAGER'S OFFICE BY ORIGINATING Gar San erre DEPARTMENT HEAD y FOR ADDITIONAL INFORMATION coNTncT 0 De11 Schmidt Ext 7805 to~D ~ g5~`~ G-~°~'~ APPROVED BY CITY COUNCIL APR 27 1982 ~ ~~~ _ DISPOSITION BY CO GCXECYX]I Of 9 ESSEO BY ^ APPROVE, ~ ~OT.C HOX TIC ^ OTHER (DESCRIBE) CITY SECRETARY DATE