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HomeMy WebLinkAboutOrdinance 8331ORDINANCE NO.---~ ~~ ~ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__OAKHILL STREET _ __ 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 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 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. 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 ftlling same and by constructing thereon to-wit OAKHILL STREET From Miller Avenue to 380' east of Nell Street, known and designated as Project No 029-36586-00, Unit I, a seven-inch thick hot-mix asphaltic con- crete pavement on a six-inch thick lime stabil- ized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty- six foot roadway 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 APAC-Texas , 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 28th day of Apri 1 19_~.L_, 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. that that ted 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•ullt 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 BY THE CITY COUN('IL OF THE CITY OF FORT WORTH TF;~AS, 'THAT I. laid hearing l)e and the same is her•e1)v closed and the said protest and ob,jertions, and an,y and all other protests and ob•ject.iuns, whether herein enumerated or v) not be and the same are hereby overruled. II. The (.its (.uunc•il from the evidence finds that the assessments herein levied should be made and levied against the respec•ti~e parcels of property abutting upon the said portions of streets, avenues and 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 oi• prol)ert~ by means of the improvements in the unit for whit h srrc•h assessments are levied and establish substantjal •lustiee and equality and uniformity between the respective owners of the respectrve properties, and l>etWeen all parties concerned considering the benefits rec•ei~•ed and burdens imposed and further finds that in each case the abutting property assessed rs specially benefited in enhanced value to the said property h~ means of the said improvements in the unit upon which the particular property abuts and for ~hic•h ass~~ssmerrt is levied anti charge made in a sum in excess of the said assessment and charge made against the same h~ this ordinance and further finds that the apportion- ment of the cost of the improvements is in accordance ~tiith the law in frri•ee in this City and the proceedings of the ('it.~ heretofore had ~~ ith reference to scud impro~ >>7)ents and is )n all respects valid and regular III There sh<rll be and cs herel)~ lei ied <u~d assessed against the parcels of Ln•gpert~ herein below mentioned and against the real and t 'lle ON Ilel'S tl)el'@Ot (1i l)etllel such o~ ne)•s be c•orrec•tl~ named herein or not) the sums of money itemised below opposite the desc riptiori ot• the respec U~ e parcels ut• property and the several amounts assessed against the same and the gwners thereof as f<u <ts such owners <u•e I:nuwn being as follows The above together with concrete curbs gutters driveways and incidentals to such improvements, on proper grade and line where same are not already so constructed together with storm sewers and drains and other necessary incidentals and appurtenances all of said improvements to be constructed as and where shown on the Plans and Specifications therefor IV The cost of said improvements as herein defined shalt be paid for as follows to-wit A The property abutting on that portion of the street avenue or public place and the real and true owners thereof shall pay all of the cost of. curbs and gutters in front of. their property and not exceeding nine-tenths (9/lOths) of. the estimated cost of the remainder of such improvements B The City of Fort Worth shall pay all of the remainder of. the cost of. said improvements after deducting the amounts herein specified to be paid by the abutting properties and the real and true owners thereof. as set out in subsection A The amounts payable by the abutting properties and the real and true owners thereof shall be assessed against such properties and the real and true owners there- of. and shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners there of and shall be payable to-wit When the improvements-are completed and accepted by the City on a particular unit the sums assessed against property abutting upon such completed and accepted units shall be and become payable in five (5) equal installments due respectively on or before thirty (30) days and one (1) two (2) three (3) and four (4) years from the date of such completion and acceptance and the assessments against the pro- perty abutting upon the remaining units shall be and become due and payable in such installments after the date of completion and acceptance of such respective unit The entire amount assessed against the particular parcels of. property shell bear interest frog the date of such completion and acceptance of. the improvements on the unit upon which the particular property abuts at the rate of six (6%) percent per annum payable annually except as to interest on the first installment which shall be due and payable on the date said installment matures provided that any owner shall have the right to pay any and all of such installment at any time before maturity by paying principal with interest accrued to the date of payment and further provided if default be made in the payment of any installment promptly as the same matures., then at the option of the City of Fort Worth or its assigns, the entire amount of the assessment upon which aueh default is made shall be and become immedi- ately due and. payable but it is specifically provided that no assessments shall in any ease be made .against any property or any owner thereof in excess of the special benefits to. property in the enhanced value thereof by means of said improvements in the unit upon which the particular property abuts as ascertained at the hearing pro- vided by the law in force in the City, nor shall any aesesament be made in any case until after noeice of hearing as provided by law Said assessments against the respective lots and percale of property and owners thereof shall be evidenced by certificates of a special assessment which shall be executed in the name of the City of Fort Worth, PROVIDBD, however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorized payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty-eight equal regular monthly installments of not less than $9 00 each, the first of such installments to become due and payable not more than VII. The total amount assessed against the respectlve parcels of ak.~utting property and the owners thereof is in accordance 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 by the law n t•orce In thc~ City VIII. Although the aforementioned charges have l>een fixed leveed and assessed in the respectlve amounts hereinabove stated the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments b~ allowing credits to certain property ownel•s where deemed appropl•iate Notwithstanding the City Council has herein reserved the right to issue credits it shall not be required to issue credits, and will not do so, if same would result in any equity andJor 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 hereaftet• be allowed by the City Council as a credit against the respective assessments. IX. For the purpose of evidencing the several sums assessed again t the respective llai•cels of abutting prop- erty and the owners thereof and the time and terms of payment and to aid In t:he enforcement and collection thereof assignable certificates in the principal amount of the respec•tn e assessments less the amount of any re- spective credit allowed thereon shall be issued by the City of Fort «oi th Texas upon completion and accept ante by the City of the improvements m each unit of impro~ ement as the ~ of 1. In such unit is completed and accepted which certificates shall be executed b1 the matul In f.l~,e nan!e of the City and attested by tide City Secretar•v with the corporate seal of the City impressed thereon ind hall lie px~able to tiie Clt~ of Fort Worth or its assigns and shall declare the said amounts time and terms of Ir4i~ meat rate of interest, and the date of the completion and acceptance of the improvements shutting upon uc h ]n•operty for whicl~ tl,e certificate is issued and shall contain the name of the owner in• :,w Hers !f hn ~~ n des , !ption of the propert.~ by lot and block number or front feet thereon of such other ilesc•ip ion as may oil er~ti ise identify the same and if the said property sl!all he owned by an estate then the desc•r•iption :rf sanu as ~~, owned shall be suHirient and no error or mistake in describing am property rr ui gig ir.~• the name of tht~ u~ti nee shall lm alidate or in anywise impair such certificate to the assessments lei iecl 'Phe certificates shall prop ide uhstantiall~ that rt• san~c_ shall nut hr~ paid prenirptl~ upon maturity then they sh 11 he colle< tal.rle with reasonable t!tturne~ s fees uul o~;i f roll ~~ t,un rf incurred and shall provide substantially that the amounts eyi,lenced therel~~ shall he p~ud to the Assessui and Collertui of Taxes of the City of Fort ~~ orti Texas who shall issue hi receipt there ui ~~ hir ! sh !11 l,e ~~ ldence of such payment on any demand foe the same and the Assessor end ("oliector of Tries hal deposit he sums so received by him forth with with the Crt~ Tre~rsurei to Ire kept and held Ire li m in ,. sepal rte hind ante when ant payment shall be made rr the Crt~ the A sessoi and C! elector of 'l'aces a ,vn u, I. ~'rlil~ic,!tP shill upon In•esentation to him of the certliicate h~ the holder thei eof endorse sa,d pay nie.nt the •eul' li uc h cert (irate be assigned then the holder thereof shall he entitled to r•ecei~e from the C'it~ Treasurer the uu,nn± p<!icl upon the presentation to him of such certificate so endorsed and credited and u h end ,rsen ~ nt ± n i lit sh 11 1.>e the Treasurer s Warrant for making such payment: such pavmerits h~ the Tre<!sure h !11 lrf-~ ,e cr terl f r the holrlel of such certificate in writing and by su •render thereof when the pr•urc pal t tl i ~.~rth ,~.! rued irtarest and ll costs of collection and r•easonahle <!ttorne~ s fees if lncurre,l ha~r~ been h~u!1 rn full Said certificates shall further recite suhstantiall~ thai tht proceedings ~~•rth reference to making the improvements have been reg•ulailti had rn c•omphance ~tirth the I ~ a~~d tl ,t a!1 plerequl rtes to the fixing of the assessment lien an•arnst the property described rn such ~~rtifirate ,nd t.l~,~ persun,,l hahilit~ of the owners thereof have been ~performe,3 and such recitals sh ~rll Ire prrn~ia far re e~ rdE n~ 1' 11 th ni itter~ recited rn uch certificates, and no further proof thereof shall l,e i•equn•ed in any c•uurt Said certificates may have conpuns attached there to ui e~ i ien e c f ear I, ,r any of the see eral rnstallments thereof or may have coul~rons fur each of tl,e tu•st. four installments leaping the main c•ei•iifi~ ate to serve for the fifth installment which coupons may be pa~ai.rle to the C' t~ of Tort ~'iorth ur It assigns may L,e igned with the facsimile srgnatures of the :~~Ia~>or and City- ~erretar~ 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 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 Wortil, 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~ APPROVED AS TO FORM AND LEGALITY ~~~ City Attorney PROJECT NO 029-36586-00, OAKHILL STREET, UNIT I, FROM MILLER AVENUE TO 380' EAST OF NELL STREET to be improved by constructing a seven-inch thick hot-mix asphaltic concrete pave- ment on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-six foot roadway Six-inch thick concrete driveways will be constructed where specified BLOCK OWNER LOT 20NING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE J T COUCH ADDITION Cleo D Bullock 10 14 139 1' Side lot adjusted to 5219 Miller Avenue Res 100' Pavement $8 84 $884 00 Fort Worth TX 100' Curb & gutter 6 66 666 00 76119 52 S F Driveway 2 97 154 44 $1 704 44 Franklin D & 11 14 139 1' Side lot adjusted to Carole Irwin Res 100' Pavement $8 84 $884 00 648 Heathcliff Drive 100' Curb & gutter 6 66 666 00 Everman, TX $1,550 00 76140 Flamin o intersects , John Brodie, Jr 10 18 133 7' Side lot adjusted to 1617 Acosta Res 100' Pavement $8 84 $884 00 Grand Prairie, TX 100' Curb & gutter 6 66 666 00 75051 $1 550 00 L D Kilman 11 18 739' Side lot adjusted to 5236 Nell Street Res 100' Pavement $8 84 $884 00 Fort Worth, TX 100' Curb & gutter 6 66 666 00 76119 52 S F Driveway 2 97 154 44 $1,704 44 Nell Street intersects Nellie Newman 10 21 140' Side lot adjusted to 5237 Ne11 Street Res 700' Pavement $8 84 $884 00 Fort Worth, TX 100' Curb & gutter 6 66 666 00 76119 $1 550 00 PROJECT NO 029-36586-00, OAKHILL STREET, UNIT I, FROM MILLER AVENUE TO 380' EAST OF HELL STREET, Continued OWNER Fred Mallick 5695 Westcreek Fort Worth, TX 76133 SOUTH SIDE Fred Mallick 5695 Westcreek Fort Worth, TX 76133 BLOCK LOT ZONING FRONTAGE RATE AMOUNT THE VILLAGE ADDITION 1 & 2 2 215 87' Pavement $24 60 $5.,310 40 U-Res 215 87' Curb & gutter 6 66 1,437 69 194 S F Driveway 2 97 576 18 1 & 2 1 215 65' Pavement $24 60 $5 304 99 U-Res 215 65' Curb & gutter 6 66 1 436 23 194 S F Driveway 2 97 576 18 J T COUCH ADDITION James W Chambliss Route 2, Box 759 Fort Worth TX 76135 Nell Street intersects 1 George W Lowery 20 5300 Nell Street Fort Worth, TX 76119 22 140` Side lot adjusted to Res 100' Pavement $ 8 84 $884 00 100' Curb & gutter 6 66 666 00 17 139 5' Side lot adjusted to Res 100' Pavement $ 8 84 $884 00 100' Curb & gutter 6 66 666 00 95 S F Driveway 2 97 282 15 $7 324 27 ASSESSMENT $7,317 40 $1 550 00 $1 832 15 Lewis Buckner 5301 Flamingo Road Fort Worth, TX 76119 1 17 133 7' Side lot adjusted to Res 100 Pavement $ 8 84 $884 00 100' Curb & gutter 6 66 666 00 95 S F Driveway 2 97 282 15 $1,832 15 -2- PROJECT N0 029-36586-00, OAKHILL STREET, UNIT I, FROM MILLER AVENUE TO 380' EAST OF NELL STREET, Continued BLOCK OWNER LOT ZONING FRONTAGE RATE SOUTH SIDE J T COUCH ADDITION Flamingo Road intersects Lawrence E Triplett 20 Route 2 Box 544 Burleson, TX 76028 F C Statum 8117 Down? Drive Fort Worth, TX 76108 1 15 139' Side lot adjusted to Res 100' Pavement $8 84 100 Curb & gutter 6 66 15 139' Side lot adjusted to Res 100` Pavement $8 84 100' Curb & gutter 6 66 Total cost to property owners (assessments) Total cost to City of Fort Worth Total estimated construction cost AMOUNT $884 00 666 00 $884 00 666 00 $31,074 85 $59 880 95 $90,895 80 ASSESSMENT $1 550 00 $1 550 00 -3- •Q>tEpCHERTT WALKER SANTERRE ~~ DATE REFk:RENCE SUBJECT Benefit Hearing - Assessment PAGE NUMBER paving of Oakhill Street, Unit T ' ~'~ 4/28/81 G--4977 ' On March 31, 1981 (M&C C-5602) the City Council declared the necessity for and ordered the improvements on Oakhi.ll Street, Project Nos 021-036-586-00 (Enginee- ring), and 029-036-58b-00 (Construction), described below A construction contra was awarded to ~1~?~C-Texas 7:nc , in the amount of $84,949 35, and April 28 1981 was set as the date for the benefit hearing All of the adjacent property owners were notif ied of the hearing by certified mail on April 10, 1981 .Roadway RO'W Unit Street Limits. Width-Feet Width-Feet T Oakhill Street Miller Avenue to 380' E of 36 50 Nell Street QriQin of Project This project was initiated in conjunction with Community Facilities Contract No 11153, approved on May 13, 1980 (M&C C-5088), with Fxed Mallick, the d~relaper of The Vi1la.ge Addition Oakhill Street in an interior street within the development for a distance of 216' with the remainder of Unit I being a substan- dard existing City street leading from Muller Avenue east to the development Im provements - This segment of Oakhill Street wiL11 be improved by cons~;ruction of collector grade hot-mix asphaltic concrete pavement with co~icrete curb and gutter and con- crete driveway approaches where specified No storm drain facilities are required other than concrete valleys at the Flamingo Street intersection Assessments and Enhancements Tn keeping with standard assessment paving policy, property zoned "Residential" is being assessed $15 50 per front foot for pavement, curb and gutter, whereas the the developer s property is zoned "Unified Residential" to allow for construe 7~ p for pave- ~ tion of cluster duplexes, and is being assessed $!31 26 p~e~rp~~on ` ment, curb and gutter C~1Y ~~~ i.. Based on previous appraisals of Like property considering the imp oved access ~~~~ it is the and the controlled cdrainage previded by continuous curb ari~iRg~~z~te opinion of the Public Works Engineering Division that allr'pr.operty ~ai.ll enhance ~~ in value by an amount equal to or more Haan the proposed-arse sment ecXeCexY °~ th~BXa~ C~ ' t ~0x~'h' o~ ~ox Recommendation Th is recommended that an ordinance be adopted closing he benefit hearing and levying the assessments as proposed *Closed hearing and 1PVisad assessments with adjustments to be made based on an outside appraisal of one. lot is required GC plg Attachment s __ _ SUBMITTED FOR THE CITY MANAGER'S OISPOSI~f~N BY COUNCIL: PROCESSED BY nFF.CE BY ~ ~ ~~ ~~ 3~t. APPROVED ORIGINATING - OTHE (DESCRIBE) *$e~" nOte a~aVe 1 DEPARTMENT HEAD: Gar" Santerr IT SECRETARY FOR ADDITIONAL INFORMATION 1n~ ~~ ~ ~ry ~ ~!~',~Q+~ ' / CONTACT Odell .riehmidt, ~xt 18fl5 ~ I ~ ~ D T~