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HomeMy WebLinkAboutOrdinance 8343.;~ ..., ®RDINANCE NO.~~~ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_. _MEACHAM BOULEVARD _. .. 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- CATE$ IN EVIDENCE WHEREOF RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING TIE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY, CREDIT GRANTED DIRECTING THE CITY SECRETARY 'I'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 CITYs 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 Oiling same and by constructing thereon to-wit MEACHAM BOULEVARD (.SOUTH LANE) From Blue Mound Road to 843' west., known and de- signated as. Project No 029-36415-00 a se~en_4 inch. thick reinforced concrete pavement on a six- inch thick lime stabilized subgrade with seven- inch high superimposed concrete curb on a thirty- six foot traffic lane Across-over wi11 be con- structed at Pylon Street and left-turn lanes at Pylon Street and Blue Mound Road 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 ~• L. Bertram Construction & Engineering, 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-].~th..day of ~v , 19 81 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 ted that - protested that that that protested 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 tulle considered all proper matter is of the opinion that the said hearing should ue closed and assessments should Ire made and levied as herein ordered BE IT ORDAINED BY THE ('QTY COLiNCIL OF THE CITY Ok' FORT WORTH 7')F:tA;;, 'T'HAT I. grid hearin~• Ire and tihe same is herebv closed and the said protest and objections, and any and all other protests and ub,jert.ions, whether herein emrmerated or or not, be and the same are hereby uver•ruled. II. The (.its (.oun(•il from the e~ictenc•e finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon the said portions of streets, avenues and public places and against the ownerti of such property and that such assessments and charges are right and pro1er and are substantially in proportion to the benefits to the respective parcels oi' prcrlrert~ b~ means of the improvements in the unit for wl)u h su(h assessments are levied and establish sulrst~urtial ;justice and equality and uniformity between the respecti~ e owners of the respective Irroper•ties and between all parties concerned considering the benefits received and burdens imposed ancj further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said property b~ means of the sa,d improvements in the unit upon which the partic•ular• property abuts and for N111('h assossmer?t is levied and charge made in a sum in excess of the said assessment and charge made ag~rinst the same I>~ this ordinance and further finds that the apportion- ment of the dust of the improvements is ,n a(•c•or'dan(•e ~tiith the la~~ in force in this City and the proceedings of the Crt.t h(~retofore had ~~,th reference to said impr(r~ ~n,ents, and is in <rll respects valid and regular III There shall be and is hereby le~,ed ~uul assessed agaurst the Ir~u•c•els of property herein below mentioned and against the -•eal and true owners thereof (yyhether su(•h uy~ners I>e (•orre(tly named herein or not) the sums of money itemized beloyy opposite the description of the respe(ti~e pru•cels of Iroperty and the several amounts assessed against the s~rrrre ~tnd the oyyner the)~oot' as far as :;uc'It owners <u•e l.nown being as follows IV Where more than one person, firm or corporation. owns an interest in any property above described, each said person firm or corporation shall be personally liable only for its, her or his pro rata of the total assessment against such .property in propor- tion as its his or hex respective interest bears to the total ownership of such pro- perty and its his or respective interest in such property may be released from the assessment lien upon payment of such proportionate sum V The several sums above mentioned and assessed against the said parcels of pro- perty, and the owners thereof, and :interest thereon at the rate of eight percent (8%) per annum, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and axe made a lien upon the respective parcels of property against which the same are assessed and a personal liability and charge against the real and true owners of such property, whether such owners be correctly named herein or not, and the. said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, .superior to all other liens and claims, except State, County, School District and City ad valorem taxes The sums so assessed against the abutting property and the owners thereof shall he and become due and payable as follows, to-wit in five (5) equal installments, due respectively on or before thirty (30) days, one (1), two (2) three (3), and four (4) years from the date of completion and acceptance of the improvements in the respective unit and the assessments against the property abutting upon the remaining units shall be and become due and payable in. such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of eight percent (8%) per annum, payable annually with each installment, except as to the first installment, which sh.a11 be due and payable at the maturity thereof sa that upon the completion and acceptance of the improvements in a particular unit, assessments against the property abutting upon such comp~,eted and accepted unit shall be and become due and payable in such installments and with interest from. the date of such completion and acceptance Provided however, that any owner shall have the right to pay the entire assessment, or any installment thereof before maturity by payment of principal and accrued interest and provided further that if default shall be made in the payment of principal or interest promptly as the same matures then the entire amount of the assessment upon which such def ault is made shall, at the option of said City of Fort Worth, or its assigns be and become immediately due and payable, and shall be collectable, together with reasonable attorney's fees and cast of collection if in- curred PROVIDED however that acting through its duly authorized Director of Public Works the City of Fort Worth retains the right to authorize payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty- eight (48) equal regular monthly installments of not less than $9 00 each the first of such installments to become due and payable not more than thirty (30) days after the completion and acceptance by the City of the particular unit PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments of Said sums of lesser in- stallments and/ar over a longer period of time in cases in which the Director of Public r~ Works has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVIDED FURTHER that such method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the City of Fort Worth a lawful valid and binding note and mechanic's and materialman's contract upon forms supplied by the City granting a mechanic's lien upon and conveying the said abut- ting property in trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property VT If default shall be made in the payment of a~ay assessment, collection thereof stall be er~farced either b~ the sale Qf the property by the ,Assesspx and Co1leGtor of Takes of said City as near as pvsci,lle in the same manger provided for tie $ale of property for the non-payment of ad valorem taxes, or at the option of the City of Fort Worth, or its assigns, payment of said sums shall be enforced by suit in any court of competent jur- isdiction, or as provided in any mechanic's or materialman's contract as aforesaid, and s.a~d City shall exexcise all of its lawful powers to aid in the enforcement and collec- tion of said assessments VII. The total amount assessed against the respective parcels of abutting propertyy and the ownez thereof is zn accordance with the proceedings of the City relating to said improvements and assessments thereof and is less than the proportion of the cost allc,wed and permitted by the law n furc•e rrr 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 rtself the 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 andJor 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 the respective assessments IX. For the purpose of evidencing the several sums assessed against the respective parcels of abutting prop- erty and the owners thereof and the time and terms of pavment and to aid rr the enforcement and collection thereof assignal.~le certificates in the principal amount of the respectr~ e assessments less the amount of any re- spective credit allowed thereon shall be issued bt the City of Fort 'v~~ or th Texas upon completion and accept ante by the City of the improvements rn each unit of improvement as the wor h in such unit is completed and accepted which certificates shall he executed by the mayor zn t.l~,e name oi' the Citv and attested by the City Secretary with the coz•hoz ate seal of the Crty rn,pressed thereon uzd ~h ill I>e pat ~zb~le to the Crty of Fort Worth or its assigns and shall declare the said amounts Ume and term of l~,a~ meat rate of interest •znd the date of the completion and acceptance c f the inrpro~ ements shutting upon ucl~r property fur whiclz the certificate is issued and shall contain the name of the owner or owners tf i:n ~~ n dc~sc r rl,~tron of the property by lot and block number or front feet thereon or uch other desciptron as nuts otl er~~rse identify the same and if. the said pz•opert~ s}zall be owned by an estate then the description of sztnit~ tts su owned sh<Ill be sufticzent and no error or mistake in describn~rg any property or in o•i~ ing• the n~uzte of thr~ uw nez shard rm ahdate or in anywise impair such certzficate to the assessments lei led The certificates shall prop ide sul~stantrall~ that rf san,c hall nut I,r~ patd prumptl~ upon matuz•ity then thet sh 11 be c:,llet table with re rsonahle rttorne~ s fees ~uul ~ ust. ,f , oll>c tine if inc°tn'z'od and shall provide substiantiall~ that tihe amounts e~ i lensed thereh~ :;hall tie gaud to thf~ Assessor and Collet°toz of Taxes of the City of Fort «orth 'Texas who shall t st.re hr r•eceiht therefor ~~ lur I h tll f>e cwidence of such payment on any demand for the same anal the Assessor and ('oltector ct '[' ties h zl deposit he runts so received by him forth with with the City Treasurer to I>e kept and hcld I,~ him zn u.:;eparate fund and when ant pavment shall be made u: the City the Assessuz and Cc liectuz of 'l'aser a ,on u, h erotic rte shall neon prcaentatzon to him of the certificate b~ the holder thereof endorse said pats nrent the •eul' It' uz lr cet•t lit ate be assihned then the holder thereof shall l.>e entitled to rec•er~e from the ('rte Tzeazsurer the uu,n, paid upoz, the presentation to him of such certificate su endorsed and credited and such end >rsen c nt z 'r t i t h 1.1 be the Treasurer's Warrant for making such pavn~ient Luc h payments h~ the Tr easur•e h ill l,e r ~ c, led f~ the holder of such certificate in writing and l.>v su ,render thereof' ~~ hen the print pzrl t tl r ~ r h tr c rued ints~z•est and 11 cost: of collection and z•easonahle attorney s fees ri• incurred hate been paid in full Said certificates shall further recite sui,stantzall~ that the l,t~uceeclings with reference to making the mzpro~ ements have been z•egularlt had rn compliance ~: ith the. 1 ~~ znd tl , i all pr creclui rtes to the fixing of the assessment lien against the l:n•olrerhr descril,ed zn such r~rirticatc rnd tlic~ personal ltabilit~ of the owners thereof hate been performed and such recitals shall I>e prinuz fat rE~ et r !< nr I! il, m rttcr~ recited rn uch certificates, and no further proof thereof shall be requn•ed m ~u~~ c•inrrt. Said c•ertzficates may have coupons attache,) tier c to uz e'~ i -fen e of e~zc•I, +r any cif' tine see era] installments thereof or may hay e coupon for eat i~i of tl,e first. four installments fearzng the main certrCicate to serve for the fifth installment which coupons may i)e pzz<<tlzle to the C t~ of Fort \'i orth or it as:~igns may he. igned with the facsimile signatures of the l~iavm and Cite ~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 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 Wortit 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 City Attorney ,~ PROJECT NO 029-36415-00 MEACIiAM BOULEVARD (SOUTH LANE), FROM BLUE MOUND ROAD TO 843' WEST s to be improved by constructing a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a thirty- foot traffic lane Left-turn lanes will be constructed at Pylon Street and Blue Mound Road and a cross-over at Pylon Street BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE W B TUCKER SURVEY Meacham Business Tract 4-D 340' adjusted to (drainage easement) Venture Ind 313' Pavement $44 32 $13,872 16 2630 West Freeway 303' Curb 1 80 545 40 76107 CENTRAL INDUSTRIAL PARK Cordona Foods 2 c/o Farrington & Assoc 4410 W Vickery 76107 1 503' adjusted to Ind 476' Pavement 471' Curb Total cost to property owners (assessments} Total cost to City of Fort Worth (drainage easement} $44 32 $21 096 32 1 80 847 80 $ 36 361 68 $ 76 452 82 $14 417 56 $21 944 12 Total estimated construction cost $ 112 814 50 ~°'~" .1~f~~®~° ~~rnn~C c~~~~,~c~ll c~®~,~,~~~~c~~a®~ DATE REFERENCE SUBJECT Benefit Hearing - Meacham Boule- PACE NUMBER yard Improvements South Lane at Central 2 S/1~/R1 G-4991 Tn~„atrai~l dr~rli+-inn 1 Of On April 14 1981 (M&C C-5613) the City Council declared the necessity for and ordered the improvements on Meacham Boulevard Project No 029-036-415-00 describ below A construction contract was awarded to J L Bertram Construction and Engineering Inc in the amount of $106 428 77 and May 12 1981 was set as the date for the benefit hearing A11 of the adjacent property owners were notified of the hearing by certified mail on April 28 1981 Roadway ROW Unit Street Limits Width-Feet Width-Feet III Meacham Boulevard Blue Mound Road to 1 of 2 36 60 of 120 843' West Lanes Origin of Project On October 18 1976 (M&C C-3548) the City Council approved this project which was initially included in Community Facilities Contract No 8988 with Meacham 3/Way Center a joint venture for the development of the property north of Meacham Bou- levard Meacham Boulevard is a border street to Meacham 3/Way Center On Februar 7 1977 (M&C G-3311) the owner of the property adjacent to the south lane appeare at the benefit hearing and objected to the construction of the south lane at that time since the owner had no plans for the development of his property The City Council deleted the south lane from the project Mr Bernie Cordona of Cordona Foods the new owner of the property on the south side of Meacham Boulevard, has requested Chat the south lane be improved at this time to provide access to Cardona Foods' new corn chip plant Cordona Foods is being displaced from West Berry Street as a result of roadway improvements by the State Department of Highways and Public Transportation Improvements The south lane of Meacham Boulevard will be improved with major thoroughfare grade concrete pavement with concrete curb to match the north lane constructed in 1977 Also included will be left-turn lanes at Pylon Street and Blue Mound Road with a cross-over at Pylon Street"'~''-~ Storm drain facilities will consist of inlets to be tied into the existing drainage system Assessments and Enhancements In keeping with standard assessment paving policy the two adjacent properties are being assessed $46 12 per front foot for concrete curb and pavement The adjacent property is all zoned industrial Based on previous appraisals of industrial zoned property adjacent to a major thoroughfare considering the improved access and drainage facilities it is the opinion of the Public Work°s"""E`n'gineering Division that both properties will enhance in value by an amount equal to or more than the proposed assessment "'('.fir r• o DATE REFERENCE suB~ECr Benefit Hearing -Meacham BOUle- PAGE NUMBER yard Improvements South Lane at Central 2 or 2 5 12 81 G-4991 Industrial Addition Recommendation It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed GG plg Attachment PR VED O 8Y CI ~' Y Cn~NC-~ t ~ ~ ~~ ~ ~~ z ~ ~ ~r ~ .~ SUBMITTED FOR THE CITY MANAGER'S ISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ~ ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Ga S r p n CITY SECRETARY ~~~ FOR ADDITIONAL INFORMATION CONTACT John Jones, EXt 7913 ~ q o DATE