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HomeMy WebLinkAboutOrdinance 8329ORDINANCE N0._-~~-~-~-- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _SAM CAI~,QWAY 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- GATES 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 ~'0 EN GROSS AND E1V'ROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY: AND PROVIDING AN EFFECTIVE DATE. WIiEREAB, 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 SAM GALLOWAY ROAD From Sundown -Drive to Douglas Street known and designated as Project No 021-24291, asix-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-i,nch:~gh concrete curb and eighteen-inch wide concrete gutter on a thirty-six foot road- way Six=inch thick concrete driveways will be constructed where specified The above, together with combined concrete curbs and gutter on proper grade and line where same are not already so constructed, together with storm drains and other necessary incidentals and appurtenances all of said improve- ments are to be so constructed as and where shown on the plans and in strict accordance with the Plans and Specifications therefor .and contract has been made and entered into with Austin Road Oom~any 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_Z1S~day of Atiri ~ , 19 8~, 10.00A.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 that that __ __~__ ___ ____,_ _protested that _ ___.. _____ .-_ _protested that ___. __ _.__ ._______.________protested that 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 >Je closed and assessments should be made and levied as herein ordered I3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH T)F:~A,~, THAT I. tiaid hearin~• be and the same is hereby closed xnd the said protest and ob•fertions, and any and all other protests and objections whether herein enumerated or of not be and the same are hereby overruled II. The (.its (:ouncil 1'rum the evidence finds that the assessments herein levied should be made and levied against the respective parcels of prupert~ abutting upon the said portions of streets, avenues find public places surd 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 the respective parcels of property by means of the improvements in the unit for wllic•h such assessments zu•e leered and establish sul)stxntial justice and equality and uniformity between the respective owners of the respective properties and between all parties concerned considering the benefits received and burdens imposed and further finds that in ea(•h case the abutting property assessed is specially benefited in enhanced value to the said proper ~ b~ means of the said improvements in the unit upon which the p~u•ticular property abuts and fur ~ hich xssessmerit is levied and charge made in a sum in excess of the Bald •lssessment and charge made against the same b~ this ordinance and further finds that the apportion ment of the Bost of the improvements is in accordance ~tiith the law in force 111 this City and the ln•oceedings of the Cit. heretofore had ~t ith reference to said inipro~ 'ITlellts and is In <ill respects valid and regular III There shall Ile and is hereby lei led and assessed ag~liilst the parcels of property herein below mentioned and against the real and true owners thereof (~tihether such ovners be c•orrectl~ named herein or not) the sums of money itemi-red be,oti ol)I)osite the description of the respe(ti~ e prlrcels of property and the sever al amounts assessed against the s2lnle rind tI1C O~Aller's thel'e()f as fat ati sll('ll oNrlel's ill's lcnuwn being aS follows I~ ~i'here 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 proportion as its, his or her respective interest bears to the total ownership of such property and its, his or respective interest in such property may be released from the assessment lien upon pay ment of such proportionate sum. V T(te sevet•al sums above mentioned and assessed against the said parcels of property and the owners thereof and interest thereon at the rate of six per cent (6~.) 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 propet•ty :g.tinst which the same at•e assessed and a pet•sonal 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 fit•st enforceable lien- and claim against the property on which such assessments are levied and shall be a first and pat•amount lien thet•eon 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 (3U) days, one (1) two (Z) 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 six .per cent (6~ )per annum, payable annually with each install- ment, 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 particulat• unit assessments against the property abutting upon such completed and accepted unit shall be and become due and payable rn such installments and with interest from the date of sorb 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 l.n•omptl~ 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 V4 otth or its assigns be and become rmmediately due and payable, and shall be collectable, together with reasonable attorney s fees and cost of c•ollec•tion tf rncurred, PROVIDED however that acting through its duly authorized Director of Public V~ orla the City of Fort Worth retains the tight to authorize payment of the sums assesed against abutting pi•opett~ upon such completed and accepted unit in not more than forth-eight (4K) equal regular monthly installments of not less than $h O0 each the first of such rnstallments to become due and payable not more than thirty (3(1) days after the completion and acceptance by the City of the pai•tic•ular unit PF~OVIDI;D Fi~RTHCR that the City Attorney is hereby empowered to authorize payments of said sums of lesser installments and/ot over a longer periucl of tame in cases in which the Director of Public Vborks has previously determined that an extreme Iinancial hardshrp upon the property owner will otherwise result and PROVID)D FLI.THEI, that sucl, r~tethod of payments shall be authorized only in instances where the owner of owners of property abutting upon such completed and. ~u~repted unit shall have executed and delivered to the City of Fort ~~ ot•th a lawful ~ alid and bindrng note and mechanic s and matertalntan s contract upon forms supplied b~ the City granting a mec panic s lien upon and c•on~ eying the said abutting ptopetty in trust to secure the payment h~ said owner or owners according to the terms thereof ~f the sums assessed against such ptopetty ~I. If default shall be made in the payment of any assessc~rent collection thereof shall be enforced either by the sale of the property b~ the Assessor and Collector of 'I'ases of said (.its as near as possible in the same man- ner provided fcn• the sale of property for the non pat mer;t ,~f ad ~ alorem tales u; at tl,e option of the City of Fort Worth or its assigns payment of said sums shall he enforced b~ suit in am court of competent jurisdic tion, or as provided in any meehanir s or materialman s c•ontrac•t as aforesaid and said City shall exercise all of its lawful powers to aid in the enforcement <:rnd collection of said assessments VII. The total remount assessed against the respective parcels of abutting pi•opert}' and the owne, thereof is in accordance with the 1»•oreedings of the City relating to said improvements and assessments thereof anti ~s less than the prolortion of the cost allowed and permitted by the law n force ,n 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 by allowing credits to certain pi°operty owners where deemed appropriate Notwithstanding the City Council has herein reserved the right to issue credits, it shall not be rectuired 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 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 tl7e respective assessments IX. For the purpose of evidencing the several sums assessed against the respective l,arcels of abutting prop- et•ty and the owners thereof and the time and terms of payment and to aid in the enforcement and collection thereof assignal.~le certificates in the principal amount of the respect~~ e assessments less the amount of any re- spective credit allowed thereon shall be issued lw the City of Fort ~'~~ o~ th Texas upon completion and accept ante by the Cite of the impro~-ements in each trait of imin•o~ement as the No, 1. in such unit is completed and accepted which cer•iificates shall be executed 1>y the motor cn the name of the C,tv and attested by the City Secretary with the corpoc ate seal of the City inchressed thereon end hill he hay able to tine City of Fort Worth or its assigns and shall declare the said amounts time and terries of lrct meat rate of interest, anti the date of the completion anyl acceptance of the improvements abutting upon uc h propert.v for whicl~ the certificate is issued and shall contain the name of the owner of owners, if Ln ~~ n clesc•i iption of the property by lot anti block number or front feet thereon of such other descih ion as mat oil er~tiise identify the same and if the said property sl-call be owned by an estate then the description ol• anie as so owned shall be sufficient and no error or mistake in describnig am propert ~ c r in ~•i~ ir.g the Hanle of thc~ ,» net shall im alidate of ul am wise impair such certificate to the assessments let led The certificates shall pros ide ul>st<u~tiall~ teat if son„ shall nut 1» paid pruniptl~ upon maturity then they sh 11 be collec•t:able N-ith reasonable <ittorne~ s fees once c•u>a f c•oll~c bon if inc°urred and shall provide substantiallt that the amounts e"rlencetl tiei•el~~ shall be iaici to the A sessui and Collector of faxes of the City of Fort ~~ orth 'I'etas who shall issue his receipt there of t+ her I sh ill l,e et iclence of such payment on any demand foe the same and the Assessui and C'c,iiector c't' Taxes hal tl<~~pus,t lie sums so received by him forth with with tike City Treasui•e~ to be Dept <cnd held I~~ him in i. sehaiatc fcind and Mien any payment shall be made it the City the Assessor anti Cc liectoi of 'faxes a um ur I~ •~,~titic cte shill upoi; presentation to him of the c•ertiiicate In t'he holder thei eof endorse satri pay nient t:hc •t•uf If uc h cert ii<ate be assigned then the holder thereof shall be entitled to rerei~ e from the C'lt~ T~ easur~i the uu ,nnt hard uhoti the presentation to him of such certificate so endorsed and credited and uch end ,rsen cnt i -i , lit sh it be the Treasurer s Warrant for making such havrrient. Such payments h~ the Treasu •e h cll !,~_~ ,~ cc ted 1r ~ the holder of such certificate in writing and by su •rendei thereof ~tihen the ln•inc hai t >z' ti , ~.~cih „c i•uecl interest and 11 cost; of collection and i•easonahle attorney s fees it• incurred h<i~e Keen p cid in t•uli Said certificates shall further recite substantially that the procee~hngs t~•ith reference to making the imprmements have been rep•ularl~ had in comhhance ~t rib the 1 ~ rncl tl ct all prcredur rtes to the fixing of the assessment lien aa•ainst the hroherty desc rrl,ed ul sorb er iii, atc urc r ! ~~~ herson~,l hahiht~ of the owners thereof have been performed and such recitals shall 1>e prirria fade e~ i if n !' I! th nr<ctter` recited rn such certificates and no further proof thereof sl?all l,e reduired in ~u~~ c•otu•t Said certifir<ites may have cuiihons attac•lre~l thereto rn e~ r ien eof eac lc „ any oi• the see ei a] installments thereof or may hay e c°oul~wns for eat {~ ~f the tie t. four ,nstallments lea~,n~~ the. ma,n c•e~•tificate to serve for the fifth installment which coupons may he hay able to the C t~ of Fort ~'l of t h or it assigns mat be igned with the facsimile sihnatures of the 11~Iavor <urcl (.',its, ~ecretar~ 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 asaeas- 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. ~ ~ ~ ,p ~ PASSED AND APPROVED this-._L_day of 19 e ~ APPROVED AS TO FORM AND LEGALITY ~~- O City Attorney ~f ,~ PROJECT NO 021-24291, SAM GALLOWAY ROAD FROM SUNDOWN DRIVE TO DOUGLAS STREET, to be improved by constructing a six-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 thiry-six foot roadway Six-inch thick concrete driveways wi11 be constructed where specified BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT WEST SIDE SUNDOWN PARK ADDITION Evelyn Roe Lampman 2 3 83' Pavement $8 89 $ 737 81 805 Sam Calloway Road Res 83' Curb & gutter 6 61 548 63 Fort Worth, TX 76114 $1 286 50 Clarence A & D C 1 3 75' Pavement $8 89 $ 666 75 McCreary Res 75' Curb & gutter 6 61 495 75 Route 1, Box 114-C 85 S F Driveway 3 23 274 55 Aledo, TX 76008 $1 437 05 SUNDOWN PARK 4TH FILING Linda Watson 6-B & 8 C/0 South Coast Mtge Co 6-A Res P 0 Drawer 3688 Beaumont TX 77704 Virgil C Askins 825 Sam Calloway Road Fort Worth TX 76114 Wm F Hagood 901 Sam Calloway Road Fort Worth, TX 76114 13 6 Res 14 6 Res Michael R Tullo 905 Sam Calloway Road Fort Worth, TX 76174 15 6 Res 170' Pavement $8 89 $ 977 90 110' Curb & gutter 6 61 727 10 85 S F Driveway 3 23 274 55 $1 979 55 156 68' Pavement $8 89 $1 392 89 $1,392 89 48' Pavement $8 89 $ 426 72 $ 426 72 31 5 Existing facilities -0- -1- PROJECT NO 021-24291, SAM GALLOWAY ROAD FROM SUNDOWN DRIVE TO DOUGLAS STREET, Continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT EAST SIDE VICTORY HEIGHTS ADDITION L G Rogers 12 1 65' Pavement $8 89 $577 85 5907 Douglas Res 65' Curb & gutter 6 61 429 65 Fort Worth, TX 76114 $1,007 50 Andrew Green et ux Joyce 840 Sam Calloway Road Fort Worth TX 76114 V D Sadler et ux Doris 836 Sam Calloway Road Fort Worth TX 76114 11 1 50' Pavement Res 50' Curb & gutter 140 S F Driveway 10 1 50' Pavement Res 50' Curb & gutter 140 S F Driveway $8 89 $444 50 6 61 330 50 3 23 452 20 $8 89 $444 50 6 61 330 50 3 23 452 20 Evelyn M White 9 1 50' Pavement $8 89 $444 50 832 Sam Calloway Road Res 50' Curb & gutter 6 61 330 50 Fort Worth, TX 76114 85 S F Driveway 3 23 274 55 Douglas W Beaty 8 & N16 7 1 66 67' Pavement $8 89 $592 70 828 Sam Calloway Road of 7 Res 66 67' Curb & gutter 6 61 440 69 Fort Worth TX 76114 85 S F Driveway 3 23 274 55 Mattie Fleming S 33 3 of 1 808 Sam Calloway Road 7, 6 & Res Fort Worth, TX 76114 N16 7 of 5 100' Pavement $8 89 $889 00 100' Curb & gutter 6 61 661 00 140 S F Driveway 3 23 452 20 $1,227 20 $1,227 20 $1,049 55 $1 307 94 $2,002 20 -2- PROJECT NO 027-24291, SAM GALLOWAY ROAD FROM. SUNDOWN DRIVE TO DOUGLAS STREET Continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT Alvin Shew S 33 3 of 5, 4 & 1 100' Pavement $8 89 $889 00 804 Sam Calloway Road N 16 7 Res 100' Curb & gutter 6 61 661 00 Fort Worth, TX 76114 of 3 85 S F Driveway 3 23 272 55 $1 822 55 Randy Cole S 33 3 of 3 & 1 49' Pavement $8 89 $435 61 728 Sam Calloway Road N 25' of Res 49' Curb & gutter 6 61 323 89 Fort Worth, TX 76114 2 140 S F Driveway 3 23 452 20 $1 211 70 Total cost to property owners (.Assessments) $ 17,378 55 Total cost to City of Fort Worth $ 76 059 30 Total estimated construction cost $ 93 437 85 -3- RERCHERT + v ~ ~L.W LL J/ ®~ ~{/~~lV ~1~/® 1VW~~~~ ~®~~ 1VlV~~~~tV ~®~ W.4LIfER DATE REFERENCE SUBJECT Benefit Hearing - Assessment Pavi g PAGE SANTERRE NUMBER Of Sam Calloway Road from Sundown 4./21:/81 G-4964 Drive to Douglas Street i °r 2.. On March 24 1981 (M&C C-5584), the City Council declared the necessity for and „_ or.,~,ered the improvement of Sam Calloway Road Project Nos 021-024-291-00 (Engineering) and 029-024-291-00 (Construction) described below A construction contract was awarded to Austin Road Company in the amount of $81,250 30, and April 21 191., was set as the date for the benefit hearing All of the adjacent property owners were notified of the hearing by certified mail on March 6 1981 Project Description Roadway ROW Street Limits Width-Feet Wlr~th-Fast Sam Calloway Sundown Drive to Douglas Street 36 56 Road Origin of Project This project was initiated by a paving petition signed by the owners of 62 3% of the adjacent property and received in the Assessment Paving Office on December 3 1979 On February 26 1980 (M&C G-4456) the City Council authorized the Public Works Director to design the project and await future Capital Improvement funds for right-of-way and construction costs The April 5 1980 bond election made funds available Improvements Sam Calloway Road is an existing bounty-type roadway paved with penetration pave- ment which is in poor condition and not constructed to grade Improvements will include construction of hot-mix asphaltic concrete pavement with concrete curb and gutter and required concrete driveway approaches Storm drain improvements will include 650' of sub-drain pipe and the relocation of one 10' inlet Assessments and Enhancements In keeping with standard assessment paving policy adjacent properties are being assessed $15 50 per front foot for pavement curb and gutter plus driveway approaches All of the adjacent property is zoned "Residential Based on recent appraisals of like property on a Collector street considering the improved access as a result of the intersection improvements at Black Oak Lane and the controlled drainage provided by continuous curb and gutter it is the opinion of the Public Works Engineering Division that all adjacent property will be enhanced in value by an amount equal to or more than the proposed assessment upon completion of the project ~~. ~~r DATE REFERENCE SUBJECT Benefit Hearing -Assessment PAGE NUMBER Paving of Sam Calloway Road from _~_ of _~ G-4964 Recommendation It is recommended that an ordinance be adopted Closing the benefit hearing and levying the assessments as proposed GG p1g C~~( ~OUNC~~. ~~~ ~1 1981 ~~`"-~-- _' X°e ~,r'"f_'~he ~ t ~,+oxth, TexaQ SUBMITTED FOR THE CITY MANAGER'S 51TION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ~D ~~ ^ OTHER (DESCRIBE) DEPARTMENT HEAD• ~sar Santerre ~~~~~ 6 ~~yl CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt EXt a8~5 DATE