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HomeMy WebLinkAboutOrdinance 8664 ORDINANCE NO.~G-ram ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__.souTHB~oox DRIVE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE t'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• GATES 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 'I'0 EN GRO$$ AND ENROLL THI9 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 CITYt 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 ftlling same and by constructing thereon to-wit SOUTHBROOK DRIVE From Skyline.brve to Glenwick Drive, known and des- ignated as Project 029-24296, a five-inch thick hot- mix~asphaltic concrete pavement on a six-inch lime ~:~. stabilized subgrade,with seven-inch high concrete ~+~. curb and eighteen-inch wide concrete gutter on a thirty-foot roadway Six-inch thick concrete drive- ways will be constructed where specified ~5~ 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 APAC-Texan, 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 12th day of October 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 protested that 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 o.ppoytunity 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 Ue closed and assessments should be made and levied as herein ordered BE IT ORDAINED BY THE ('ITY COUNCIL nF THE CITY OF FORT WORTH 1'F:tAti, 'THAT I. tiaict hearinR• be and the same is hereby closed and the said pretest and ub,tections, and an•y and all other protests and ob•tect.ions whether herein enumerated or or not, be and the same are hereby overruled II. The (.its Council from the evidence finds that the assessments hereur levied should be made and levied against the respective parcels of prupert~ abutting upon the said purtrons of streets avenues and public places surd against the owners of such property and that such assessments and charges are rrght and proper and are substantially in proportion to the benefits to the respective parcels oi' property by means of the improvements in the trait for which such assessments are levied and establish substantial ;justice and equality and uniformity between the respective owners of the respective I>roperties, and Lret~•een all parties concerned considering the benefits received and hurclens imposed and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said proPert~ b~ means of the said improvements in the unit upon which the partrc•ultu• pt•ohert~ abuts and fur tihrch assessment is levied and charge made in a sum in excess of the card assessment and charge made against the same In this o-•dinanc•e <tnd further finds that the apportion meat of the cost of the improvements is in arrurdanc•e ~~th the law in force rn this Cit} and the proceedings of tl-e ('it.t heretofore had ~~ith rei'erence to said -mpro~ ~nrents, and is in all respects valid and regular I I iI There shall be and is hereby let ied anti assessed agau-st the parcels of propert} herein below mentioned turd against the real and true ornners thereof (~tihether such uNne-•s be c•orrectl~ named herein of not) the sums of money itemired below opl>os-te the desc riptwn of the respec tit e parCE?IS ot• property and the several amounts assessed against the same and the owners thereut' as far 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 (.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 mechani'c'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 abutting property t~rnd the owner thereof rs in accordance with the proceedings of the Crty relating to said improven-u~nts and assessments thereof and is less than the proportion of the cost allc,wed and permitted by the law n force rn the (.'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 he r•equir•ed to issue credits, and will not do so, if same would result in any equity and/or un•lust discrimination. The principal amount of each of the several assessment certificates to be issued the City of Fort Worth Texas, as hereinafter provided shall be fixed and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts if any as may hereafter be allowed by the City Council as a credit against the respective assessments. IX. For the purpose of evidencing the several sums assessed against the respective parcels of abutting prop- erty and the owners thereof ~rnd the time and terms of pavment and to aid i i the enforcement and collection thereof assignable certificates in the principal amount of the respectr\ e assessments less the amount of any re- spective credit allowed thereon shall be issued by the Ctt\ of Fort ``'l ar th Texas upon completion and accept ante by the Cit\ of the rmprovenients in each unit of impro\ ement as tl(e ~ or 1. in such unit rs completed and accepted which certificates shall be executed by the ma\ot in tl,e Hanle of the City and attested by the City Secretary with the corporate seal of the Cit\ in(pressed thereon urrl hull 1>e pa\able to tine City of Fort Worth or its assigns and shall declare the sand amounts time xnd terms of• lr<r\ meat rite of interest •xnd the date of the completion and acceptance of the Improvements abutting upon uc h property for which the certrficate is issued and shall eontarn the name of the owner or :rwners cf l:n \~ n desc ~ rption of the property by lot and block number or i'ront feet thereon or such other descipiron as ma\ rtl er\~ rse Identify the same and if the said propert\ shall be owned by an estate then the description of same as ~( uw ned shall be sut~icrent and no error or mistake in describing am propert\- cr in o•i\ir.~• the name of th,~ ,\~~er sh.di in\ahdate or in anywise impair such certificate to the assessments le\ led The certificates shall pro\ ide ubstantiall\ that if Bann shall nut bra pawl prunrptl\ upon maturity then then sh 11 he collectable with reasonable xttornev s fee, uul ~ n•;t f c ullx flora ,f inc°urged and shall provide substantiall\ that the amounts e\•rdenced ther•el~\ shall be paid to thr~ Assessu~ and Collector of Taxes of the City of Fort ~~ orth 'T'exas who shall issr.re his receipt there or \\ hrr•I hill be ~\ tdence of such payment on any demand for the same and the Assessi>> grad Collector of Tape hxl deposit he ums so received by him forth with with the Cit\ Treasurer to be 1;el,t trnd held Ir\ him in ~ separ i e fund xnd \\hen an\ pavment shall be made it the Ctt\ the Assessor and Cc Hector of 'l'azes ul,on uc h r er? rtic~lte shall upon presentation to him of the certrficate b\ the holder thereof endorse said pa\ nrent the •eni' It uch cer•t t-irate he assinned then the holder thereof shall he entitled to 1'P,CeI\e from the ('rt\ '1'reasurr~r the uu ~u,± paid upon the presentation to him of such c•ertific•ate so endorsed and credited and sorb end~~rsenrc-rat r rl r lit h i1 be the Treasurer's Warrant for making such pavment Such payments h\ the r['reasai •e'.t hall Ire >~. c~ tecl fnr the bolder of such certificate in writing and by su •render thereof' \\ hen the ln•inc pal t ~~• ti r u ith , r rue(t irtr~rest: and 11 cost, of collection xnd reasonable attorney s fees ii• inc urged hay e been p~rrd in full Said certificates shall further recrt:e substantiall\ that the procee,lnrgs \arth reference to making the impro\ ements ha\ e been regular]\ had ui compliance \\ ith the 1 ~ grad tl ,t VIII prrrequi ites to the fixing of the assessment lien against the property described in such r~rfiiic~rte urcl t.l~cr person,,! liabilit\ of the owners thereof have l.>een performed and such i•ec•rtals shall be prima face e\ (clr n f 11 tli rn (tiers t•e.cited rn uc•h certificates, and no further proof thereof shall l,e required in any cirt(rt Said certificates ma\ haye <inrpuns attached then etc, ur e\ lfleIi e of e~~c 1, ,r an\ (~f thP.. Se\ er al installments thereof or ma\ har\e coupons for earl, oi' tl,c~ first four rnstalimerrts lea\•in~~ the main c•er•tificate to serve for the fifth installment \yhich coupons may be p:r\ able to the C t\ of Fort ~~ orth or It xss,gus ma\ lte rgned with the facsimile si;;natures of the 1~'Iayor and Citt ~ecretar\ a 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 Wortii Texas, and by filing the complete Ordinance in the appro- priate Ordinance Records of said City Xv This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED this~day of ~1.~~~~ ly ° ~ APPROVED AS TO FORM AND LEGALITY City Attorney PROJECT NO 029-024296-00 SOUTHBROOK DRIVE FROM SKYLINE DP.IVE TO GLENWICK ~RIVE~ to be improved by constructing a five-inch thick hot-mix asphaltic concrete pavement on a six-inch lime stabilized subgrade with seven-inch high concrete curb and eighteen- inch wide concrete gutter on a thirty-foot roadway Six-inch thick concrete driveways will be constructed where specified BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE SKYLINE TERRACE ADDITION A C McMillan 13 1 100' Pavement $8 48 $ 848 00 P 0 Box 10028 Res 100' Curb & gutter 7 02 702 00 Fort Worth Texas $1 550 00 76114 James E Williams 12 1 95' Pavement 8 48 805 60 5136 Southbrook Dr Res 95' Curb & gutter 7 02 666 90 Fort Worth Texas 193 50 S F Driveway 3 38 654 03 76114 $2 126 53 Casso March 11 1 116 6' Pavement 8 48 988 76 1701 Brook Hollow Dr Res 116 6' Curb & gutter 7 02 818 53 Fort Worth Texas $1 807 29 76114 BROOK HOLLOW INTERSECTS Robert K Kelly 1-A 1 108 Forest Green Res Burleson Texas 76028 Robert L Kelly 1-B 108 Forest Green Burleson Texas 76028 David Engle 26-R 5108 Southbrook Dr Fort Worth, Texas 76114 121' Pavement 8 48 121' Curb & gutter 7 02 193 50 S F Driveway 3 38 $1 026 08 849 42 654 03 $2 529 53 6 121 8' Adjusted to Drainage Easement Res ~0' Pavement 8 48 763 20 90' Curb & gutter 7 02 631 80 $1 395 00 6 Res 92 37' Existing Facilities -0- Lawrence R & Mary 25-R 6 Virginia Brown Res 1701 Glenwick Dr Fort Worth Texas 76114 142 13' Existing Facilities -1- -0- PROJECT NO 029-24296-00, SOUTHBROOK DRIVE continued BLOCK OWNER LOT ZONING FRONTAGE GLENWICK DRIVE INTERSECTS SOUTH SIDE Jerzy D Martin S 7 st ux Catherine Res 5001 Southbrook Dr Fort Worth Texas 76114 RATE AMOUNT ASSESSMENT ..a.....e,.~ , _ _ SKYLINE TERRACE ADDITION 119 50' Existing Facilities Henry L Painter 7 7 130'.Existing Faailiti~$ 5009 Southbrook Dr Res Fort Worth, Texas 76114 i -0- Cec~.l W Huskey 6 7 160' Ad~usfied to Drainage Easement 5017 Southbrook Dr Res 130' Pavement $8 ~~ $1,102 4q Fort Worth, Texas 130' Cuxb & gutter 7 Q2 912 60 76114 118 2S $ F ~r~.veway ~ 38 399 69 $2,41 ¢~ Betty Ann Crowe 5 7 9d' Pavement $8 48 $763 20 3070 Cloverhurst Res 90' Cuxla & guttex 7 02 631 80 E Point, Georgia 118 25 S ~" Driveway 3 38 399 69 30344 $1 794 b9 Phillip G Pruitt 4 7 90' I'aveme~at $8 48 $763 20 et ux Vickie Res 90' Curb ~ gufitex ~ Q2 631 80 5031 Southbrook Dr 11$ 25 5 F Driveway 3 38 399 69 Fort Worth, Texas 76],14 $1,79+ 69 Enos Edwin Mannery, Jr 90' Pavement $$ 4$ $763 20 5101 Southbrook Dr 3 7 90' Curti & gutter 7 02 631 80 Fort Worth, Texas Res 118 25 S F Dx~iyeway 3 3$ 399 G9 76114 $1 ~ 794 {a9 Phillip Miller 2 7 100' Pavemenfi $8 ~-$ $848 00 1717 Skyline Res 100' Curb & gutfier 7 02 702 00 Fort Worth, Texas 193 SO S F Driveway 3 38 399 69 76114 $2,204 p3 - 2- PROJECT NO 029-024296-00 SOUTHBROOK DRTVE, continued OWNER LOT SOUTH SIDE BLOCK ZONING FRONTAGE RATE River Oaks Methodist 1 Church 4800 Ohio Garden Road Fort Worth Texas 76114 7 118 5' Pavement $8 48 Res 118 5' Curb & gutter 7 02 193 50 S F Driveway 3 38 TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) $ 21 901 92 TOTAL COST TO CITY OF FORT WORTH $ 84,601 53 TOTAL ESTIMATED CONSTRUCTION COST $106,503 45 AMOUNT ASSESSMENT $1,004 88 831 87 654 03 $2 490 78 -3- ~,` ~fILE• I? v -~r CITY MANAGER•l, ACCOUNTtNG•2 TRANSPORT Mayor and ~oun~~l ~om.an~,cc~i~~cctaon GATE REFERENCE SUBJECT Benefit Hearing - Assessment PAGE NUM9ER 10/1282 Paving of Southbrook Drive from Skyline 2 G-5448 Drive to Glenwick Drive Iof On September 14, 1982 (M&C C-6496) tine City Council declared the necessity for and ordered the improvements on Project No 029-024-296-00 as described below A construction contract was awarded to APAC-Texas Inc in the amount of $89 498 7-0 and October 12 1982 was set as the date for the benefit hearing All of the adjacent property owners were notified of the hearing by certified mail on September 24 1982 Project Description F Roadway R 0 W Street Taimits Width-Feet Width.-Feet Southbrook Skyline Drive 30 60 Drive to Glenwick Drive Origin of Project On June 25 1980 the Transportation and Public Works Department received a paving petition signed by the owners of 62 percent of land adjacent to South- brook Drive from Skyline Drive to 245 feet west of Glenwick Drive requesting the street be improved on an assessment basis A11 of the adjacent property is zoned residential On September 2 1980 the City Council authorized the Director of Transportation and Public Works to design and advertise the project for bids During the design phase of the. project it was discovered that the existing permanent pavement. from 245 feet west of Glenwick Drive to Glenwick Drive was also failing and should be reconstructed with this project The existing curb and gutter and driveway approaches are in good condition and will remain in place Improvements Southbrook Drive will be improved with residential grade hot-mix asphaltic concrete pavement the. length of.' th.e project with new concrete curb and gutter and driveway approaches installed where. specified from Skyline Drive to 245 feet west of Glenwick Drive. The remainder where curb and gutter and driveway approaches exist will not be replaced Storm drain facilities will consist of a box culvert two iznlets and appurtenances Assessments and Enchancements In keeping with Standard Assessment Paving Policy .approximately $21 901 92 is proposed to be assessed against adjacent properties all of which are zoned and occupied as individual residences Cost to the City for construction is approx- imately $67 596 78 of wh,iYh amount $14 543 50 is for drainage facilities and $53 053 28 for street construeion plus $17 004 75 (19%) engineering n _~ ~~ sA~ DATE REFERENCE SUBJECT Benefit Bearing - Assessment PAGE NUMBER Paving of 5outhbrook Drive from Skyline 2 2 10/12/82 G-5448 Drive to Glenwick Drive --~f Based on previous appraisals of like property and considering the improved access and drainage provided by continuous curb and gutter it is the opinion of the Department of Transportation/Public Works that each parcel of property being assessed will enhance in value by an amount equal to 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 kc Attachment :~ APPROVED BY ciTY cou~c~< ~~'~ acT x~ 1982 DICE 1~~ ~D~R~~p pRDINA _ ~~ i eczetary of the ' ~ of Fort wot;Ch. TexK14 SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING DEPARTMENT HEAD: G'a'ry ~ terre ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt EXt. 7805 DATE