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HomeMy WebLinkAboutOrdinance 8681ORDINANCE NO. L ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_vIRGIL;STREET & FRESHFIELD ROAD _ 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 A$SESSMENT3 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 ~'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 fllting same and by constructing thereon to-wit VIRGIL STREET UNIT I From Anglin. Drive to Lois Street, known and designated as Project No 029-36604 a six- inch thick hot-mix asphaltic concrete pavement ,~ on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a forty-foot roadway Six- inch thick concrete driveway approaches will be constructed where specified FRESHFIELD ROAD UNIT II From Lois Street to Village Creek Road, known and designated as Project No 029-36604, a six- inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a forty-foot roadway Six- inch thick concrete driveway approaches will be constructed where specified s 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 AUSTTN ROAD COMPANY 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 16th day of November , 19 82 , x: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 objection$ 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 purpgses thereof and all desiring to be heard wel•e 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 BE IT ORDAINED BY THE ('ITY C'OLTN('IL OF THE CITY OF FORT WORTH 1'I':XAS, 'THAT I. ~aici hearin~• lie and the same is hereby closed and the said protest and ob•~ections, and any and all other protests and ob•ject.ions whether herein enumerated or or not be alld the same a~•e hei•el.))r overruled II. The (. i t~ (aunt 11 from the e~ idenc•e finds that the assessments herein levied should be made and levied against the respective parcels of prupert~ abutting upon the Sald pgl'tli>tls of streets, avenues and public places and against the owners of such proper•t~ and that such assessments and charges are right and propel and are substantially in proportion to the benefits to the resl)eetive parcels of property l)~ means of the improvements in the unit for whit h such assessments are levied and establish substantial ;~ustic:e and equality and uniformity between the respective owners of the respective properties, and l)etween all pal't1eS concerned considering the benefits r'ec'eived and bui•clens imposed and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said I>ropert~ b~ means of the said improvements in the unit upon which the particular property abuts and fur ~ pith <cssessment is levied and charge made in a sum in excess of the said assessment and charge made against the same b~ this ordrnance and further finds that the apportlon- rnent of the cost of the improvements is in ac•cor•danc•e ~tirth the law in force in this City, and the proceedings of the ('it.~ Ilel'E'tof01'e had ~~ith reference to said rmpro~ nlents and is in alt respects valid and regular III 'There shall he and is herel)~ lei led and assessed against the parcels of l.n•opert~ herein below mentioned and against the real and true otiners thereof' (~tihether such otiner be c•orreetl~ named herein or not) the sums of money itemrzed below opposite the desc riptum o1' the respec tip e parcels of pr•opert~ tend the several amounts assessed ag:rinse the same and the owner thereof as f,ir as sEU•h owners ~u•e l.nown 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 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 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 materalman'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 abutting property and the owners thereof rs in accordance with the proceedings of the Crty relating to said irrrprovenients and assessments thereof and is less than the proportion of the cost allowed and permitted L~~ the law n force rn tyre 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 pr°operty owners where deemed appropriate Notwithstanding the City Council has herein reserved the right to issue credits it shall not he required to issue credits and will not do so, if same would result in any equity and/or• unjust discrimination. The principal amount of each of the several assessment certificates t.o 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 agaurst the respective parcels of abutting prop- erty and the owners thereof and the time and terms oi' payment and to aid rn tale enforcement and collection thereof assignable certificates in the principal amount of the respec•tr+e assessments less t}7e amount of any re- spective credit allowed thereon shall be issued b~ the City of Fort ~'1 orth Texas upon completion and accept ante by the Cite of the improvements rn each unrt of impro~ enrent as the +n or 1. in such unit is completed and accepted which certrficates shall be executed b~ the mx~ ur rn t.l,e Hance of the City and attested by t1~e City Secretary with the corporate seal of the City impressed thereon rnd hall be pa+able to tiro City of Fort Worth or its assigns and shall declare the said amounts tune and terr-ns of l~ra+-ment rate of rnterest, and the date of the cumpletron and acceptance of the improvements abutting upon uch property for which the certificate is issued and shall contain the name of the owner or owners, if l.n ++n desc,iptron of the property by lot and block number or• front feet thereon or suelr other desorption as ma+ utl er++rse rdentrfv the same and if the said property shall he owned by an estate then the descrrptron of sane its so u++nec} shall be sufilicient and no error or mistake in describing any propert+ cr in ~•i+in~• the n~uue of thc> u++ner steal} rmatrdate or rn amwise impair such certificate to the assessments le+ mrl The certificates shall pro+ ide ai>stantrall~ that rt' sanrc. ~h tll nut br> pard prumptl+ upon matw•ity then they sh 11 he cullec table ~•rth reasonable attornf:~+ s fees urd o~;t ,f c oll<c Iron if rnc•urred and shall prrovide substantiall+ that the amounts eyi lensed tier•eh+ shall be yard to the A ~essur and C_oliector of Taxes of the City of Fort ~'~ orth 'I'e~as who sha}1 issue hrs r eceilrt th re or ++ hrc I h rll be c'+ rden<•e of such payment on any demand for the strme anal the Assessor and Collector of Ta~c:s hall depusrt he sums so reserved by }rim forth with with the City Treasurer to be }:el,t and held b+ hrnr in ~ ~epar r e fund and ++hen ant payment shall be made rr the ('it+ the A sensor and C< 1}ector of 'faxes a ,on uc I~ •r>r ~~ rl~icate shill upon presentation to him of the certificate b~ the holder Cher eof endorse sard pa+ ment the •eoi' I f uc lr sect ficate be assrgned then the holder thereof shall I>e entrtled to rec•er+e from the (rt+ Treasurer the uu ~un± purl upon the presentation to him of such certificate so endorsed and credrted and such end >rsen cent r i r lit sh 11 I.~e the Treasurer's Warrant for making sorb pavnrent. Such payments h~ the 'I'r~easurer h rll l,e rc cr ted f r the l~rolder of such certificate in writing and l.rv su •render thereof' +~hen the ln•rnc pal t tl r• •+,th , c rued rnt+~rest: and 11 costs of collection and reasonable attorney s fees ri' rncur•r•ec1 ha+e been p~ud in full Said certificates shall further recite substantrall+ that the proceedings wrth reference to making t}le improvements ha~~e been ~•egularl~ had in compliance ++rth thc= 1 + rnd tl ,i all prc~reqursites to the fixing of the assessment lien against the property descrrbed to sus°h rr rii<ate mrl t.lrr~ lrertiuna.l hahilit~ of the owners thereof have been performed and such recital, shall Ire prrrr,a farce e~ rcl< n !' 11 il, rn rtic•r~ recrted rn uc•h certificates. and no further proof thereof shall i,e r•eduired in any rour•t Said certificates may have currpuns attached tl,eretr, ur e+r ierne of c~ac•h n any oi• the several installments thereof or may h<rv e coul~>ons fnr eat h of the first. four rnstallments leaving the mare certi(-mate to serve for the fifth installment. which coupons may he pay aide to the C tv ot• Fur•t ~'1 orth m rt as::,gns may be igned with the facsimile signatures of the ~'Iavur and City Secretary 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 ~/~ 1g n- ~- APPROVED AS TO FORM AND LEGALITY ~%y~~/ // City Attorney PROJECT NO 029-36604, UNIT I, VIRGIL STREET FROM ANGLIN DRIVE TO LOIS:STREET, to be improved by constructing a six-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a forty-foot roadway Six-inch thick concrete driveway approaches will be constructed where specified OWNER LOT NORTH SIDE J Whiteside & Co 15 3704 Benbrook Hwy 377 South Fort Worth Texas 76116 J Whiteside & Co 14 3704 Benbrook Hwy 377 South Fort Worth Texas 76116 J Whiteside & Co 13 3704 Benbrook Hwy 377 South Fort Worth, Texas 76116 J Whiteside & Co 12 3704 Benbrook Hwy 377 South Fort Worth Texas 76116 J Whiteside & Co 11 3704 Benbrook Hwy 377 South Fort Worth Texas 76116 J Whiteside & Co 10 3704 Benbrook Hwy 377 South Fort Worth Texas 76116 J Whiteside & Co 9 3704 Benbrook Hwy 377 South Fort Worth Texas 76116 .Lois Street Intersects BLOCK ZONING FRONTAGE RATE AMOUNT ASSESSMENT EASTWOOD TERRACE ADDITION 10 89' Pavement $7 67 $682 63 B-Res 89' Curb & gutter 7 83 696 87 10 90' Pavement $7 67 $690 30 B-Res 90' Curb & gutter 7 83 704 70 10 60' Pavement $7 67 $460 20 B-Res 60' Curb & gutter 7 83 469 80 10 65' Pavement $7 67 $498 55 B-Res 65' Curb & gutter 7 83 508 95 10 75' Pavement $7 67 $575 25 B-Res 75' Curb & gutter 7 83 587 25 10 65' Pavement $7 67 $498 55 B-Res 65' Curb & gutter 7 83 508 95 10 70 6' Pavement $7 67 $541 50 B-Res 70 6' Curb & gutter 7 83 552 80 $1 379 50 $1,395 00 $ 930 00 $1 007 50 $1 162 50 $1,007 50 $1,094 30 -1- PROJECT NO 029-36604 UNIT I VIRGIL STREET ANGLIN DRIVE TO LOTS STREET cont BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE WEBBER GARDEN ADDITION Bobby Webber 1 1 528 48' Pavement $28 08 $14 839 72 3825 Village Creek Road CR-Apt 528 48' Curb & gutter 7 83 4,138 00 Fort Worth Texas 150 S F Driveway 3 47 520 50 $19 498 22 TOTAL COST TO PROPERTY OWNE RS (ASSESSMENTS) $27,474 52 TOTAL COST TO CITY OF F ORT WORTH $19 063 16 TOTAL ESTIMATED CONSTRUCTION COST $46 537 68 - 2- F PROJECT NO 029-36604 UNIT II FRESHFIELD ROAD FROM LOIS STREET TO VILLAGE CREEK ROAD to be improved by constructing a six-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a forty-foot roadway Six-inch thick concrete driveway approaches will be constructed where specified BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE EASTWOOD TERRACE ADDITION J Whiteside & Co 18 11 70' Pavement $7 67 $536 90 3704 Benbrook Hwy 377 South B-Res 70' Curb & gutter 7 83 548 10 Fort Worth Texas 76116 $1 085 00 J Whiteside & Co 17 11 60' Pavement $7 67 $460 20 3704 Benbrook Hwy 377 South B-Res 60'Curb & gutter 7 83 469 80 Fort Worth Texas 76116 $ 930 00 J Whiteside & Co 16 11 60' Pavement $7 67 $<E60 20 3704 Benbrook Hwy 377 South B-Res 60' Curb & gutter 7 83 469 80 Fort Worth Texas 76116 $ 930 00 J Whiteside & Co 15 11 60' Pavement $7 67 $460 20 3704 Benbrook Hwy 377 South B-Res 60' Curb & gutter 7 83 469 80 Fort Worth Texas 76116 $ 930 00 J Whiteside & Co 14 11 64' Pavement $7 67 $490 88 3704 Benbrook Hwy 377 South B-Res 64' Curb & gutter 7 83 501 12 $ 992 00 J Whiteside & Co 13 11 65' Pavement $7 67 $498 55 3704 Benbrook Hwy 377 South B-Res 65' Curb & gutter 7 83 508 95 Fort Worth Texas 76116 $1 007 50 J Whiteside & Co 12 11 67 8' Pavement $7 67 $520 03 3704 Benbrook Hwy 377 South B-Res 67 8' Curb & gutter 7 83 530 87 Fort Worth Texas 76116 $1,050 90 Village Creek Road Intersects -3- S PROJECT NO 029-36604, UNIT II, FRESHFIELD ROAD, FROM LOIS TO VILLAGE CREEK ROAD cont BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE Bobby Webber 1 3825 Village Creek Road Fort Worth Texas WEBBER GARDENS ADDITION 1 460 58' Pavement $28 08 $12 933 09 CR-Apt 460 58' Curb & gutter 7 83 3,606 34 300 S F Driveway 3 47 1 041 00 $17 580 43 TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) TOTAL COST TO CITY OF FORT WORTH TOTAL ESTIMATED CONSTRUCTION COST BOTH UNITS TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) TOTAL COST TO CITY OF FORT WORTH TOTAL ESTIMATED CONSTRUCTION COST $24 505 83 $16 127 93 $40 633 76 $51,980 35 $35,191 09 $87 171 44 -4- City of .Fort Worth, ~'exas J1 ~Ya~or and C®~nczl ~®m~,un~catz®~ ......~ MASTER F DATE -" REFERENCE SUBJECT Benefit Hearing - Assessment PAGE CCTV MAN GER•D ,. NUMBER 11/16/82 + G-5478 Paving of Virgil Street and Freshfield lot 2 T?n~~- ilc}~}~cr (_'~r`inn Arlllitinn WORK~~ On October 19 1982 (M&C C-6565) the City Council declared the necessity for and orde'x~d the improvements on Project Nos 021-036-604-00 (Engineering) and 029-03~ ~b8'4-00 (Construction) as described below A construction contract was awar.ded_....t~ Austin Road Company in the amount of $77,831 64 and November 16 1982 was-set as the date for the Benefit Hearing The two adjacent property owners- a notified of the hearing by certified mail on October 29 1982 Project Description 7~~ Roadway R 0 W Unit Street Limits Feet-Width Width-Feet I Virgil Street Anglin Drive 40 55 to Lois Street II Freshfield Lois Street 40 55 Road to Village Creek Road Origin of Project On September 2 1980 (M&C C-5241), the City Council approved Community Facilities Agreement No 11248 for the development of Lot 1 Block 1 Webber_ Garden Addition Included in the agreement was the assessment paving of segments of Virgil Street and Freshfield Road both of which are border streets to the development ~~ ~~ Improvements Both streets will be improved with collector grade hot-mix aspha tic concrete pavement with concrete curb and gutter and driveway approaches where specified No drainage facilities are required Assessments and Enhancements Based on standard policy in effect at the time of the Community Facilities Agreement and the low bid approximately $51 980 35 is proposed to be assessed against the adjacent properties on both streets The property on the north side of both streets is zoned 'B" Two Family residential whereas the property on south side of both streets is zoned "CR" - Apartment Cost to the City for construction is approximately $25 851 29 plus $9 339 80 (12%) engineering ~iti ~~ DATE REFERENCE NUMBER 11/16/82 G-5478 SUBJECT BPneflt Hearing - Assessment Paving of Virgil Street and Freshfield Hear@ ~~ebber--Garden--A~d } t-lon -- -- PAGE 2 of 2_-_ Based on previous appraisals of like property considering the improved access and drainage provided by the new pavement and continuous curb and gutter it is the opinion of the Department of Tansportation/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 DAI dx Attachment APPROVED gY CITY COUNCIL. ADOPTED ORDINANCE NO ~~ ~/ "°V ~s ~~~~ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY ORIGINATING DEPARTMENT HEAD: Gary Santerre ~.~:~ ec>:etary of the o! l'ozC Worth, Texaq DISPOSITION BY COUNCIL-. PROCESSED BY (1 APPROVED OTFIER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT O dE DATE