HomeMy WebLinkAboutOrdinance 8342ORDINANCE NO.~~~
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_. NW 36TH STRt=ET _._ ., _
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-
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 THI9 ORDINANCE BY COPYING THE CAPTION OF SAME IN THE
MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE
IN THE ORDINANCE RECORDS OF SAID CITY s AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth, Texas, has heretofore ordered that each of the hereinafter described
portions o4 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
NW 36TH STREET From N Main to Ross Avenue, known and designated
as Project No 021-28778-00, a one and one-half
inch thick hot-mix asphaltic concrete pavement on.
a three and one-half inch thick hot-mix asphaltic
concrete binder course on a six-inch thick lime
treated subgrade with seven-inch high concrete
curb and eighteen-inch wide concrete gutter on a
thirty-foot roadway Six-inch thick concrete drive-
ways will. be constructed where specified
f~'`
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 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 5TH day of MAY
19__$x,__, ~ ~~ p 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
that
ted that
that
protested that
that
_protested that
_ ._._ _.___-.__protested that
__. __ _._____. __.___ ____.__protested that
ted that
_____ ~____.___________-__.___protested that
and said hearing was continued to the present time in order to more fully accomplish the purposes thereof and
all desiring to be heard were given full and fair opportunity to be heard and the City Council of the City having
fully considered all pt•oper matter is of the opinion that the said hearing should be closed and assessments
,hould be made and levied as herein ordered
tiOV~ 'i'I1N:ItL:FOF~E
BE IT ORDAINED BY THE CITY COLTN('IL OF THE CITY OF FORT WORTH
TF:~AS, 'THAT
I.
laid hearin~• be and the same rs herebv closed and the said protest and objections, and any and all other
protests and olrject.ions whether herein enumerated or or not be and the same are hereby overruled.
II.
The (. -t~ (uuncil from the widenee finds that the assessments herein leered should be made and levied
ag~rinst the resl>ec tive lrarc•els of property abutting upon the said portrons of streets, avenues and public places
and against the owners of suc{1 property and that such assessments and charges are right and proper and are
substantially in propcn•tion to the benefits to the respective parcels of pt•upert~ b~ means of the improvements
in the unit for whrc h sorb assessments zu•e levied and establish substantial ;justice and equality and uniformitt
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 each case the abutting property assessed is
specially benefited in enhanced value to the said proper ~ b~ means of the Bald improvements in the unit upon
which the p<u•tic•ular ptoperty abuts acrd for ~hirh xsse.ssmer?t. is leered and charge made in a sum in excess of
the said assessment and charge made agalnst the same b~ thrs ordin-rnce and further finds that the apportion-
ment of the cost of the improvements is in ac•c•ord~inc•e r~ith the law in force in this Cit~~ and the proceedings of
the Cit. heretofore had Frith reference to Bald lm~rro~ ~nunts, and is in all respects valid and regular
III.
There shall be and is hereby lei ied and assessed ag<unst the parcels of property herein below mentioned
and against the real and true owners thereof (rtihether such owners be correctly named herein or not) the sums of
money itemized below opposite the description c?f' the respec t?~ e parcels of• }n•operty and the sever ail amounts
assessed <i~<tinst the Sartre and the owners thereof as far as sorb owners tu•e l.nown being as follows
I~
~~'here more than one person, firm or corporation owns an interest in an•y property above described, each
said hersun, firm or corporation shall be personally liable only for its, her or his pro rata of the total assessment
against such property irr 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
The several 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 property .g.tinst 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 (3U) 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 six per cent (6~ )per annum payable annually with each install-
ment, except as to the first installment, which shall be due and pavabie 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 rn 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 steal] 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 Forth or its assigns be and become immediately due and payable, and shall be
collectable together with reasonable attorney s fees and cost of rollec•tion rf incurred PP~OVIDED however
that acting through its duly authorized Directur of Public V~ orla the City of Fort Worth retains the right to
authorize payment of the sums assesecj against abutting prol.~ert~ upon such completed and accepted unit in not
more than forth-eight (4R) equal regular monthly installments of not less than $9 O0 each the first of such
installments to become due and payable not more than thirty (3t)) days after the completion and acceptance by
the City of the particular unit. PROVIDED FURTHEF. that the City Attorney is hereby empowered to authorize
payments of said sums of lesser installments and/or o~ er a longer period of time in cases in which the Director
of Public Vl orks has previously determined that an extreme financial hardshrp upon tl~e property owner will
otherwise result and PROVIDED FLRTHER that such method of payments shall be authorized only in instances
where the owner or owners of property abutting upon such completed and <<ccepted unit shall have executed and
delivered to the City of Fort ~~ orth a lawful ~ alid and brndrng note and mechanic s and materialnran s contract
upon forms supplied b~ the City granting a mec•hamc s lien upon and c•onyeving the said abutting property in
trust to secure the payment >>~ said owner or owners according to the terms thereof of the sums assessed against
such property
~I.
If default shall b~ made. in the payment of urn assesscr~ent collection thereof shall be enforced either by
the sale of the property b~ the Assessor and Collector of Tapes of said City as near as possible in the same man-
ner provided for the sale of property for the non-payment of ad t alorem tares o; at tl~~e option of the City of
Fort Worth or its assigns, payment of said sums shall I,e enforced b~ suit rn ant court of competent jurisdic
tion, or• as provided in any mechanic• s or materialman s contract as aforesaid and said Citv shall exercise all of
its lawful powers to aid in the enforcement and collection of said assessments.
VII.
The total amount assessed against the respective parcels of al:~utting property and the owner 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 i'orce In tl~Ie 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 t:he right to reduce the aforementioned
assessments bti 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 requil°ed 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 sevet•al assessment. certificates to be issued the City of Fort Worth
Texas as hereinafter provided shall be fixed and determined by deducting from the amount of any assessment
hereinabove levied such amount or amounts if any as may hereafter be allowed by the City Council as a credit
against the respective assessments
IX.
For the purpose of evrdenc•ing the several sums assessed against the reshective parcels of abutting prop-
erty and the owners thereof and the time and terms of payment and to aid rn 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 ~~~ oI th Tex<~ts upon completion and accept
ante by the Cite of the improvements rn each umt of improvement as tl~+e woI 1, in such unit rs completed and
accepted whrch certificates shall be executed by the mayor rn t.l~e nanre of the Crtv and attested by the City
Secretary with the corporate seal of the City in+pressed thereon and hall lie pay able to t.ite City of Fort Worth
or its assigns and shall declare the saki amounts time and terra ot• }ray meat rate of interest, •~nd the date of
the completion and acceptance of the inlln•oyemerts ahuttut~- tr}um such prupert~~ for which tli~ certificate is
issued and shall contain the name of the owner of :,w Hers if l.n ~~ n dc~sc + iptiun of the property LIy lot and block
number or front feet thereon or such other desciption as may utl er~~ise identify the same and if the said
piopert~ shall be owned by an estate then the description :~f same as su owned shall be sufiicrent and no error or
mistake rn describing am prc',pert ~ c r ut gig ino the Hanle of tht~ ti~ net shall rm alidate or in am wise impair
such certificate to the assessments lei led
'Phe certificates shall prop rde uhstantrall~ t Iat rt• sank shall nut lir, paid prontptl~ upon maturity then
they sh 11 be collet table with i•easunahle atturnet s fees ui~l a>a s ,f ~ ullec trop if inc°aried and shall provide
substantially that the amounts evi lensed therei,~ shall be Ir<ucl to the Assessui and Collector of faxes of the
City of Fort ~~ Drib Teas who shall issue his receipt there ur ~~ hi, I h +ll be ~~ ideate of such payment on any
demand for the sr+me and the Assessor and ('oileetot of "Cage hall deposit hc~ sums so received by him forth
with with the Crt~ Treasurer to be kept -tad held Ire him in ~, sepatatc i•un<1 and when ant payment shall be
made it the Citt the Assessor and Cc Hector of. 'faxes a ,on uc h „~r t+tic rte shall upon In•esent<ttion to him of
the certrficltte ht the holdel thereof endui•se said pay me.nt the •eot' If' uc li cerl ficate be assigned then the holder
thereof shall 1>e entrtle~d to I•ecet~e from the Crt~ Treastirc~r the uu>un± paid a};olr the pI•esentation to him of
such certificate so endorsed and credited tad such end ,r•sen c~nt + i + lit sh it I.re the Treasurer's Warrant for
making such payment. Such payments Ire the '['reasure? h cli !,e +~ c~ terl fr + the holdel of such certificate in
witting and by su •render thereof when the prurc pal t <~~ ti ~i ~.~ith ,<< rued interest and ll cost; of collection
and reasonable attorney s fees if incurred hay e Veen }~,ud +n full
Said certificates shall further recite suhstantiallt that the pi c>cee:linhs with reference to making the
+mpro~ements have been I•e~•uiarlti had in compliance ~+ith the 1 ~~ a>+I tl ii :ill prcn•equl rtes to the fixing of the
assessment lien against the tn•operty described to such rc~r iticate nil t! +~~ per•son>,l lial7ilit~ of the owners thereof
have been performed and such recitals shall I>e prrrria fat re e~ + I+ n !' II t h nr ctt cry recited in such certificates,
and no further proof thereof shall be r•ectuired m any c•inu•t.
Said certificates mat have c•unpons attached ther~tc rn e~ r ~ienc e < f t~acli a any of the see er al installments
thereof or may have coupons for each of the ftist. foul installments tea~i.n~~ the main certificate to wive for the
fifth installment, whrch coupons may he pzt~ able to the C' t. of Fort i'~ ort h or it assigns may 1.,e igned with the
facsimile signatures of the ;~'Iayol 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 ~ 1~
APPROVED AS TO FORM AND LEGALITY
_®
City Attorney
PROJECT NO 021-28778-00, N W 36TH STREET STORM DRAIN AND RECONSTRUCTION FROM N MAIN STREET
TO ROSS AVENUE consisting of removing the existing surface and replacing it with one and one
half inch thick hot-mix asphaltic concrete pavement on a three and one half inch thick hot-mix
asphaltic concrete binder course on a six-inch thick lime treated subgrade with seven-inch high
concrete curb and eighteen-inch wide concrete gutter on a thirty-foot roadway Six-inch thick
concrete driveways will be constructed where specified
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
SOUTH SIDE WASHINGTON HEIGHTS
Rudolph J Marcuse Jr 1 19 125 Existing facilities -0-
P 0 Box 4236 Ind
Fort Worth Tx 76106
Domingo Costillo 2 19 125 Curb & gutter $6 95 $868 75
3516 Ellis Comm $868 75
Fort Worth Tx 76106
Ellis Street intersects
Mer~~e~PS G Arellano 1 20 100 Curb & gutter $6 95 $695 00
3517 ~,. Fllis Comm 85 S F Driveway 3 31 281 35
Fart Worth Tx 76106 $976 35
J Rameriz 2 20 120' side lot adjusted to
3516 N Houston Res 100 Curb & gutter $6 95 $695 00
Fort Worth Tx 76106 $695 00
Houston Street intersects
Carlos J Hostetler 1 21 120' side lot adjusted to
124 Woodland Drive Res 90 Curb & gutter $6 95 $625 50
Burleson Tx 76028 $625 50
Manuel S Valle 2 21 120' side lot adjusted to
3520 N Clinton Res 100' Curb & gutter $6 95 $695 00
Fort Worth Tx 76106 140 S F Driveway 3 31 463 40
$1 158 40
Clinton Street intersects
Mrs Jessie Ortega 1 22 122' side lot adjusted to
3517 N Clinton Res 100 Curb & gutter $6 95 $695 00
.Fort Worth Tx 76106 $695 00
-1-
PROJECT NO 021-28778-00, N W 36TH STREET cont
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
SOUTH SIDE WASHINGTON HEIGHTS
Joe F Urias 2 22
3514 Ross Res
Fort Worth, Tx 76106
Ross Avenue intersects
Carl W Story Jr 10 15
3811 Mercury Res
Fort Worth Tx 76111
122 side lot adjusted to
100 Curb & gutter $6 95 $695 00
124' side lot adjusted to
100' Curb & gutter $6 95 $695 00
$695 00
$695 00
Onecimo Sanchez Jr 11 15
3601 N Clinton Res
Fort Worth Tx 76106
Clinton Street intersects
Sinai Tabernaculo de fe 10 16
Ind Pentacostal Church Res
3620 Dawn Drive
Fort Worth Tx 76118
Pete Renteria 11 16
3601 N Houston Res
Fort Worth Tx 76106
124 side lot adjusted to
100' Curb & gutter $6 95 $695 00
85 S F Driveway 3 31 281 35
120' side lot adjusted to
100' Curb & gutter $6 95 $695 00
120 side lot adjusted to
100' Curb & gutter $6 95 $695 00
85 S F Driveway 3 31 281 35
$976 35
$695 00
$976 35
Houston Street intersects
Mercedes G Arellano 10 17
3517 Ellis Res
Fort Worth Tx 76106
120 side lot adjusted to
100' Curb & gutter $6 95 $695 00
$695 00
Domingo & Robert Tellez 11 17
1307 N Commerce Comm
Fort Worth Tx 76106
Ellis Street intersects
100 Curb ~ gutter $6 95 $695 00
$695 00
-2-
PROJECT NO 021-28778-00, NW 36TH STREET, cont
BLOCK
OWNER LOT ZONING FRONTAGE
NORTH SIDE WASHINGTON HEIGHTS
Henry Pantega 10 18 125' existing facilities
1312 Homan Comm
Fort Worth Tx 76106
Murray E Brown 11 18 125 existing facilities
517 S Hampshire Ind
Saginaw Tx 76179
RATE AMOUNT ASSESSMENT
Total cost to property owners (assessments)
Total cost to City of Fort Worth
Total estimated construction cost
$ 10 446 70
$162 600 71
$173 047 41
-0-
-0-
-3-
~ T
11~ayo~ tend ~o~..c~a.cal ~omrnua~s.a.~a~~~n
DATE REFERENCE
NUMBER suB.lECr Benefit Hearing - Storm Drainage PAGE
and Reconstruction, N W 36th
.~/ 81
G-4982
Street from N Main to Ross ior~_
On April 7, 1981 (M&C C-5610), the City Council declared the necessity for and
ordered the improvements on N W 36th Street Project No 021-028-778-00, describe
below A construction contract was awarded to Austin Road Company in the amount
of $161 726 55 and May 5 1981, was set as the date for the benefit hearing All
of the adjacent property owners were notified of the hearing by certified mail on
April 20 1981
Street Limits Roadway Width-Feet ROW Width-Feet
' N W 36th St N Main Street to 30 50
Ross Avenue
Origin of Project
On June 6, 1978 (M&C G-3837) the City Council approved the. 1978 Capital Improve-
ment Program which authorized engineering, right-of-way and construction of the
N W 36th Street storm drain from just east of Ellis Avenue west to Ross Avenue
On May 22, 1979 (M&C C-4648) Ernest Hedgcoth, Consulting Engineer, was hired to
prepare plans and specifications for the storm drain system and for the necessary
reconstruction of the pavement to include upgrading the curb and gutter drive-
. ways and appurtenances to City standard s_.
Improvements
Storm drain improvements will include the construction of 1 261 linear feet of
18" to 24' concrete pipe complete with required inlets and appurtenance Recon-
struction of the street will include construction of new residential-type pavement
complete with concrete curb and gutter and concrete driveway approaches
Assessments and Enhancements
In keeping with standard assessment paving policy adjacent properties are being
assessed $6 95 per front foot for concrete curb and gutter where none now exist
plus the cost of concrete driveway approaches where none now exist There is no
assessment proposed for the new pavement and/or storm drainage facilities since
property owners were previously assessed for the existing pavement
Based on previous appraisals of like property, considering the improved access and
the controlled drainage provided by continuous curb and gutter, it is the opinion
of the Public Works Engineering Division that all property will enhance in value
by an amount equal to or more than the proposed assessment,~PQ~~~(~,b BY
CITY COJI~CIL
Recommendation
It is recommended that an ordinance be adopted closing the benefit hearing and
levying the assessments as proposed SAY ~ 1981
t~t-P-'""~
/
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_
EGG plg
Ci, ec;etaxy of the
Attachment C of k'ort Wo;th, TexaQ
SUBMITTEC FOR THE
CI~ICMEABVAGER'S ~ ~ DISPOSITION BY COUNCIL: PROCESSED 8Y
~ ^ APPROVED
ORIfi1NATIN~i
' ~ `, j-y~ dG~~ ~~~ OTHER (DESCRIBE)
DEPARTMENT MEAD: Gary Santerre
_...... --.4-.,.,..-..,,,.,..,...-,_-a,.- ~ CITY SECRETARY
FOR ADDITIONIlL INfORMATiOt!
CONTACT: Udell Schmidt Ext 7805 DATE