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HomeMy WebLinkAboutOrdinance 8440ORD~~tAN~E N~-.-~. ORDINANCE CLO~~NG HEARING AND L>~VYING AS~EBSMIENT9 FOR PART OF THE COST OF _IMI~I~f~VII~~ A PO13TION OFD. ~ ED,WI N AVENUE _ ,_® . ~__ AND PORTIONS OF SUNDRY OTHIAR STREET, .AVEN __ Ui~~ AND PUBLIC PLACES IN THE Q'ITY 0~'; FORT. WORTH, TEXAS , :FIXING CH;AIIGIES AND. LILNS AGAINST ABUTTING PROPER`~~C THI~REON, AND AGAINS7~ TIDE OWNER$ T~iEktEOF PROVIDING FOR THE COI,LEG'"~ION, bF ei1CH A~SESSIVII~NT~ AND TIKE ISSt7ANCE O~ .ASSIGNABLE CERTIFI GATES IN EVIDENCE_ THEREOFt .RESERVING `ItNTfJ- THE CITY. COUNCIL THE RIGHT 1c0 ALI.f~'W' CREDITS REDUCING __~'HR AMOUNT OF TIME RESPECTIVE ASSESSMENT TO THE E~CTI~NT OF. ANY, CREDIT . G~tANfiED DIREC'T'ING THE CITY SECRETARY TO EN GR0S8,~AND E1tiROLL THIS ORDINANCE. ~Y COPYING THE CAPTION OF SAME IN THE N~INUTEA OF ~'HE CITY COUNCIL _OF FORT WORTH, ANA ~Y,: FILING THE ORDINANCE [N 7CHE ORDINANCE RECORDS OF SAID CITY: AND PROVIDING AN EFFECTIVE DATE. Wx~ERlaAS, the City dP x'"drt Worth 1'e~as, has. heretofore ordered that each oP the hereinafter described portlbi-s of streets, aV~~ues and public .places in the City of Fort Worth, TexAs, be improved by raising grading or flllia~ same and by oonsti~uctin~ thereon to-wit UNIT I EDWIN AVENUE From the west property line of Lot 13, Block .1 Forest' Park Place ending in an eighty-foot cul- de-sac known and designated as Project No 029- 36638 Unit I a five-inch thick hot-mix asphal- tic concrete pavement on a five-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-foot roadway UNIT II MISTLETOE AVENUE From the west property line of Lot 4R Block 1 Forest Park Place ending in an eighty-foot cul- de-sac, known and designated as Project No 029- 36638 Unit II a five-inch thick hot-mix asphal- tic concrete pavement on a five-inch thick lime stabilized subgrade with seven-inch high concrete curb and. eighteen-inch wide concrete gutter on a thirty-foot roadway 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 Triangle Pavi nq and Excavating Compan 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 13th day of October , 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 _protested that _protested 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 be closed and assessments should be made and ievi,ed as herein ordered I3E IT ORDAINED BY THE ('ITY COLTN.('IL OF THE CITY O)H' FORT WORTH TI•;XA~, 9'HAT I. tiaid hearing be and the same is hereby closed and the said protest and ob•jertions, rind any and all other protests and objections whether herein enumerated o~• or not be and the same are herel.)y overruled. II. The (. its t ounril from the evidence finds that the assessments hereur levied should be made and levied against the respec•ti~e pru•cels of property abutting upon the said portions of streets avenues and public places and against the owners of such pr•opert~ and that such Assessments and charges are right and proper and are sul)stantially in proportion to tl?e benefits to the respective parcels oi' property b~ means of the improvements lrl the litrlt tai' wl?ic•h such Sssessnlents ar•e levied And estal)lish sltlistxntial justice and equality and uniformity between the r'espeCtlye OWRel'S Of the respective prc)perties, and betHeen all par't1eS concerned considering the benefits received and burdens imposed and further finds that in eac•Il case the abutting property assessed is specially benefited in enhanced value to the said grope? ~ b~ means of the said improvements rn the unit upon which the partirul<n• property abuts rend fol' N Ill('l? assessmer?t is levied and charge made in a sum in excess of the said assessment and charge made Agrljnsti the same In this ot•dinance and further finds that the apportion- ment of the cost of the inrln•ovement;: is in ac•cordanc•e ~tiith the law in force jn this Crty and the proceedings of the Cit. heretofore had ~~ ith reference to said rmpro~ rtrents And rs in all respects valid and regular III 'There sh-111 I)e and is hereby let red and assessed agarnst the parcels of property herein below mentioned and against the -•eal and true owners thereof (~~ Nether such o~ ner be c•orrectl~ named herein or not) the sums of money itemired 1)elow opposite the description of• the rE'spec try e parcels of• property and the several amounts assessed against the same and the otiners thereat' as far As such owners ilre I:nown being as follows 1 TV Where triore than otie person, firm or corporation. owns an interest in any property above descfibect, each said person, firm or cofporation shall be personally liable only foie its, her or' his pro 'rata of the total assessment against such property in propor- tipit as itS; his of hex xe~pective interest bears to the total. ownership of such pro- perty, and~ts kii.s or respective interest in .such property may be released from the assessment lien upon payinetit of such propoftonate sum V The sei~at.'a~: s~t~s above metitiiitiecl atci assessed aga.lnst the said parcels of pro- petty, and tote Yiwiii?rs thereof, and nte>est thereon st the fate of eight percent (8%) per aniitittl; together with t^easoneble attorney's fees and costs of collection if incurred afe hereby declared to lie and are trade a l:ieat uipon the respective parcels of property agafitst ~nc~h the satx<e are assessed, and a pet"sonal liability and charge a,gair`ist the real and true owners of such p>operty, wli.ether such owners b>' correctly nailed herein or tint, and the. said liens shall- be and constitute the first enforceable lxea and cl~l:itt against tike property oii which such asse'sstnents are levied and shall be a first aid paramount lien tlerean; supefior to a].1 other liens and claims except StSte; Co.tinty Sc:hooY bistrict and City ad val>oretn taxes Tate soils si5 assessed against the abutting property and the owners thereof shall ue and hecotdt? Mite s.nc) payable as fdYlows tci-wit in five (5) equal installments due ~. re~pectiirely oii or before' thirty (30) days; one (l), two (2) three (3), and four (4) years front the date cf completion and acceptance of the improvements in the respective un~.t; and t~4t~ assessments against the property abutting upon the remaining units shall be and bei~btrie dire ancf payable iri such installttients aftef the date of the completion and acceptance of such respective units, and shall bear interest froth said date at the rata of ei~~it pet'cett (.$%) pei: annum; payable annually with each installment, except as to the fi'~at l.tstalli~eit; wh3,ch shall be due and payable at the maturity thereof so that tapa€i the completion and acceptance of the impr6`etnents in a particular unit, assessments aga"nst ttie property abutting upon such completed and accepted unit shall be and become due and payable in such iiistalli~ents and with interest from the date of such completion a.nd acceptance Provided, However, that any owner shall have the right to pay the a~it~.re assessment or airy installment thereof; before maturity by payment of principal atii~ accrued interest; and. provided further that if default shall be made in the paymenti of principal it interest promptly as the sage matures then the entire amount o£ the assessment upon wtiicl such default is trade shall. at the option of said City of Port 4i'atth; i~r its assigns, tie and become immediately due and payable and shall be collectable, together with t~easonatile attofney's fees and cost of collection if in- curred P1tOV`l~g]) However that acting through its duly authorized Director of Public WoYks the City of Port 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- eigtYt (4g) equal regular monthly installments of not lass than $9 00 each the first of such installtiierits to tecbme due and payable nt~t more than thirty (30) days after the cotnpletoit aril acceptance by the City cif the particular unit PROVIDED FURTHER that the City Att~ifttey is Hereby empowered to authorize payments of said sums of lesser in- stallments atttljor over a longer period of titre in cases in which the Director of Public harks tins p~eviausly determined that an extreime financial hardship upon the property oraiter w~l1 othexwxse Yesult and PItOV7D~D FUpTHER that such method of payments shall be authirizer~ bn7:}i in instances wh€re the owner or owners of property abutting upon such completed end ace2pted unit shall have e~tecuted and delivered to the City of Fort forth a lawful, val~.d eid binding recite anal tiectianic's and materialman's contract upon forms suppl3~ed by the C3:ty grant~.tig a taechanic's lien. upon. and conveying the said abut- t~.ng prroperty .n trust to secure the payment by said otrner or owners according to the terms thereof cif the sums assessed against such property vz If default ~ti~~.:l: lie m~.de :ln the p~yrne~it of any assesstYtient, collection thereof shall be enforced etlie~r by the sale of tt~e property by the As~eesar and Collector of Taxes of said Cft}+ ~~ near as possible in ttie same zrianncr pzov~:ded far the sale of property for the non=-p~yYnent rif ed valcirem ta~es3 or at tt~e option of the City of Fort Worth, or its assigns, pa~~nent of said sums ~h~ll tie en~'oreed by suit in any court of competent jur- isdiction. dr ~s previ~led in any >fiechanic's or materalinan's contract as aforesaid, and said City s~nll eicercise all of its ,lawful potaers 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 is in ac•eordance with the proceedings of the Lrty relating to said improvements and assessments therevf and is less than the proportion of the cost allowed and permitted by the law n force rn the City VIII. Although the aforementioned charges have been fixed leveed and assessed in the respectrve amounts hereinabove stated the City Council does hereby reserve unto rtself 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 be 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 to be issued the City of Fort Worth Texas as hereinaftel• provided shall be fixed and determined by deducting fi•onl the amount of any assessment hereinabove levied such amount or amounts if any as may hereafter be allowed lw the City Council as a credit against the respective assessments. IX. For the purpose of evldenc•ing the several sums assessed against the respective parcels of abutting prop- erty and the owners thereof and the time and terms oi' payment and to aid in 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 City of Fort ~'~~ orth Texas upon completion and accept ante by the Cite of the lmpro~•ements in each trait of impro~ enlent as flee nor 1, in such unit is completed and accepted which certificates shall be executed bti the may or rn t1)e Hanle of the City and attested by the City Secretary with the corporate seal oi' the Crt~ inipressed thereorl tn(1 h~rll I)e pat able to the City- of Fort Worth or its assigns and shall declar e the said amounts time and terrn~ ui' lri~ meat rate of interest and the date of the completron and acceptance of the rmprovements abuttrng upon su( l) property for whieh the certificate is issued and shall contain the name of the owner rn owners rf hn ~+n d(~s(r iptron of the property by lot and block number or front feet thereon or such other desciption as may tt] erti~rse rdentrfv the >ame and if the said property shall be owned by an estate then the descr•iptron ot• anie as su u~ned shall be suHic'rent and no error or mistake in descrrbing am prol>ert ~ c)r in gig ir.o• the name of thc~ )~~ n(~1 shall rm alidate of in any-wise impair such certificate to the assessments lei led The certificates shall pl o~ ide ubstantiall~ t at rf stint(. Fall Hui I)t~ paid prumptl~ upon maturity then they sh 11 be collec tal.)le with reasonable attorney s fees old I~rn;t .f all ~(tr(m if incul•i•(>d and shall provide substantlall~ that the amounts evi lensed therel)~ shall be yard to the Assessor and Collectui• of Taxes of the City of Fort ~~'~orth 'Ce~as who shaif issrle his receipt th refer «hi('I shall be ~~ rdenc•e of such payment on any demand for the same and the Assessor and Coliectoi of '1, ices hat deposit he sums so received by him forth with with the City Tre<isurel to be kept :urd held I)~ him rn :,, separ rte fund and when any payment shall be made lr the Clt~ the Assessor Auld Cc 1ie(tur Uf ~l•axes U K)Il U( 11 (t'1 t 111CatP Shall Up01; I)1'e8entatlOn t0 hem Of the certlticate Lr~ the lu)Ider thereof endorse stir+-1 pay ment the •E~oi' if u( lr (eri ii<ate be assigned then the holder thereof shall be entitled to recer~e front the C'rt~ 'Cleasurcr the tnl )ant p<ud ulxm the presentation t;o him of such certificate so endorsecT and credited and such end >rsemc~nt t (i I rlrt sh it L)e the 'T'reasurer s Warrant for making such pavn;ent. ~ueh payments h~ the '1'r~easur•et h ,)1 !1E' I ~ cI t(vT t the holder of such certificate in writing and by su •render tlrereol' ~~hen the l)rinc pal i tl ) ~~rth I((ruec~l irlt(~~rest and ll cost; of collection and reasonable attorney s fees rf• rncurred hay e been I) rrd in full Said certificates shall further recite substantially thai the In•ocee+hngs ~~ ith r eferenee to making the imprmements have been re~•ulail~ had rn compliance ~+ith the 1 t~ tall tl li ~rll Inrrequr ites to the fixing of the assessment lien against the properhr descr•rbed in such (~rtrii(~rte arc{ t!IC~ 1)erson>li hahilit~ of the owners thereof hay e been performed and sorb recitals shall be 1)rinla fac re e~ r 1( n( r !' 1! ill nr Itt car rec rted rn u h certificates, and no further })roof thereof shall be requn•ed in any court Said certrficates rria~ have run puns attached tlleretc ur e~i ien e u1• each II tint of the several installments thereof or may have coul)ons for ea(11 of the first four rnstallnlents lea~in~~ the nl~un certificate to serve for the fifth installment. whrch coul:wns may he pay ai.)le to the C t~ of Furt t'~ or•th ur it assigns may Ire igned with the facsimile sin natures of the ~'Ia~ol and ('rtv 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 asaesaments and in holding said hearing the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the asaesa- ments therefor in any other unit. XIII. The assessments levied are made and levied under and by virtue of the terms, powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and now shown as Article 1106b of Vernon's Texas Civil Statutes, which Act has been adopted as an amendment to and made a part of the Charter of the City of Fort Worth, Texas. XIV The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council of Fort Worti-, Texas, and by filing the complete Ordinance in the appro- priate Ordinance Records of said City XV This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED this~day of 19~ APPROVED AS TO FORM AND LEGALITY r Clty Attorney PROJECT NO 029-36638, UNIT I EDWIN AVENUE FROM THE WEST PROPERTY LINE OF LOT 13 BLOCK 1 FOREST PARK PLACE ENDING IN AN EIGHTY-FOOT CUL-DE-SAC to be improved by constructing a five-inch thick hot-mix asphaltic concrete pavement on a five-inch thick lime stabilized subgrade with seven-inch high concrete curb and eightee-inch wide concrete gutter on a thirty-foot roadway BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE FOREST PARK PLACE Andrew W Miracle Jr 13 2 60' Curb & gutter $8 63 $517 80 2120 Edwin Res $ 517 80 76110 Charles T Pearce 11-R 2 10' Pavement $6 87 $ 68 70 1940 Berkley Place Res 50' Curb & gutter 8 63 431 50 76110 $ 500 20 Charles T Pearce 10-R 2 78 51' Pavement $6 87 $539 36 1940 Berkley Place Res 78 51' Curb & gutter 8 63 677 54 76110 $1,216 90 Charles T Pearce 9R 2 34 30' Pavement $6 87 $235 64 1940 Berkley Place Res 34 30' Curb & gutter 8 63 296 O1 76110 $ 531 65 Charles T Pearce 8-R 2 44 27' Pavement $6 87 $304 13 1940 Berkley Place Res 44 27' Curb & gutter 8 63 382 05 76110 $ 686 18 SOUTH SIDE Fort Worth Ind 7 & 8 7 No Benefit -0- .School District Res 3210 W Lancaster 76102 Total assessments Unit I $3 452 73 +? PROJECT NO 029-36638, UNIT II MISTCETOE_AVENUE FROM THE WEST PROPERTY LINE OF LOT 4R, BLOCK 1, FOREST PARK PLACE ENDING IN AN EIGHTY FOOT CUL-DE-SAC, to be improved by con- structing a five-inch thick hot-mix asphaltic concrete pavement on a five-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-foot roadway BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE FOREST PARK PLACE Charles T Pearce 4-R 1 20' Pavement $6 87 $137 40 1940 Berkley Place Res 70' Curb & gutter 8 63 604 10 76110 $ 741 50 Charles T Pearce 5-R 1 62 11' Pavement $6 87 $426 70 1940 Berkley Place Res 62 11' Curb & gutter 8 63 536 O1 76110 $ 962 71 Charles T Pearce 6-R 1 49 79' Pavement $6 87 $342 06 1940 Berkley Place Res 49 75' Curb & gutter 8 63 429 69 76110 $ 771 75 Charles T Pearce 7-R 2 64 44' Pavement $6 87 $442 70 1940 Berkley Place Res 64 44' Curb & gutter 8 63 556 12 76110 $ 998 82 Charles T Pearce 8-R 2 99 15' Pavement $6 87 $681 16 1940 Berkley Place Res 99 15' Curb & gutter 8 63 855 66 76110 $1,536 82 Herman F Allen 4 2 10' Pavement $6 87 $ 68 70 2121 Mistletoe Ave Res 60' Curb & gutter 8 63 517 80 76110 $ 586 50 Total assessment Unit II $5 598 10 TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) $ 9 050 83 TOTAL COST TO CITY OF FORT WORTH $21,514 28 TOTAL ESTIMATED CONSTRUCTION COST $30,565 11 •~, Mtzyor and Coun~~.l ~omanun~cat~.on REFERENCE NUMBER On September 15 1981 (M&C C-5869) the City Council declared the necessity for and ordered the improvements on Project No 029-036-638 described below A construction contract was awarded to Triangle Paving and Excavating Company in the amount of $26 81~. 50 and October 13 1981 was set as the date for the benefit hearing The adjacent property owners were notified of the hearing by certified mail on September 25 1981 Project Dess~ription Unit Street Limits I Edwin Avenue From west property line of Lot 4-R, Block 1 Forest Park Place to east 125' II Mistletoe Avenue From west property line of Lot 13 Block 2 Forest Park Place to east 175' Origin of Project Roadway ROW Width-Feet Width-Feet 30 50 80 in Cul-de 100 @ sac Cut-de-sac 30 50 80 in Cul-de- 100 @ sae Cul-de-sac This project was initiated in conjunction with Community Facilities Contrae.t No 11814 approved on June 30 1981 (M&C C-5143) for the development of portions of Block 1. and 2 Forest Park. Place Addition Both Edwin Avenue and Mistletoe Avenue are considered border streets to the development Improvements Both streets will be improved with. residential-type pavement with concrete curb and gutter and required storm drain facilities The streets are a continuation of existing roadways and ending in an 80' wide cul-de-sac to provide for improved tt`affic flow and safety factors Assessments and Enhancements In keeping with standard assessment paving policy approximately $9 050 83 is proposed to be assessment against adjacent properties all of which are zoned `Residential' A1.1 of the adjacent property with the exception of one lot on each street being assessed is owned by the developer Th.e two lots in question are being assessed for pavement and/or curb and gutter where none. now exists to provide for continuous pavement and curb and gutter Based on previous appraisals of :Like and drainage provided by continuous Department of Transportat~.on/Pu.blic assessed wi1T be enhanced in value assessment property considering the improvement access curb and gutter it is the opinion of the Works that each parcel of property being by an amount equal to or more than the propos ,r DATE REFERENCE ~ SUBJECT Benefit jjE?c'1~'ln.g - ASS~u~ment PAGE NUMBER Ps.ving of Edwin and Mistletoe Ave 2 ~ 3 8 - Hues in ~oxes.t Parlc.Place Addition or Recommendation It is recommended that: an ordi~iance be adop rr~~~~ cr-,~ ted eosin ~il~~eR~~i'Lefthea~°ing and levying the assessments. as p~~~posed ~ ~ITY COUNCIL oct x3 iss~ GG plg .c.a~.~,_ ---~- C eczetaxy of the of Fore Wozthf Texa,Q ADOPTED ORDINANCE NO ~`~`~' ~ SUBMITTED FOR THE CITY MANAGER'S ' DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ~ ^ APPROVED ORIGINATING ~ ^ OTHER (DESCRIBE) DEPARTMENT HEAD• ~gY° ante~re CITY SECRETARY FOR ADD171ONAL INFORMATION CONTACT Odell Schmidt E'Xt ~B~S DATE