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HomeMy WebLinkAboutOrdinance 8347ORDINANCE NO.`_~1 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _.QILEBLAKF DRLVF AND PORTIONS OF .SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE ('ITY 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 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 filling same and by constructing thereon to-wit OVERLAKE DRIVE From Hill Ridge Drive to 400' east., known and de- signated as .Project Nos 021-36620 & 029-36620, a five-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 twenty-eight foot roadway Six-inch thick concrete driveways will be constructed where specified The above, together with combined concrete curbs and gutter on proper grade and line where same are not already so constructed, together with storm drains and other necessary incidentals and appurtenances all of said improve- ments are to be. so constructed as and where shown on the plans and in strict accordance with the Plans and Specifications therefor .and contract has been made and entered into with 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 19th ,day of May 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 .protested that that ____ _protested that __ .___.._ .__.__..___-, _protested that .__protested that that 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 O1)p0r'tunlty to 1)e 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 COLtN("IL OF THE CITY OF FORT WORTH TF:~A~, THAT I. laid hearinR• 1)e aTld the Srlnle IS hereby closed and the said protest and ql)•}ertions, and any and all other protests and ul)jertions whether herein enumerated or ol• not 1)e and the same are herel)y overruled. II. The (.its (.uunci{ from the evidence finds that the assessments herein levled should be made and levied Against thE~ respective l)arc•els of prupert~ alnltting upon the said portions of streets avenues and public places and against the owners of such property and that such assessments and c•har•ges are right and proper and are suhstantialiv in proportion to the L)enefits to the respeE•tive parcels of property 1)~ means of the improvements in the unit for whit h such assessments are levied and establish su1)staniial ;{llstice and equality and uniformity I)etween the respectite owners of the respective properties rind 1)etWeen all parties concerned considering the I)enefits received and burdens imposed and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said property In means of the Bald improvements in the unit upon w hirli the lr<u•ticular property abuts rind fur ~ hirh assessment is levled and charge made in a sum in excess of the said assessment and charge made against the same b~ this ordinance and further finds that the apportion- meat of the c•ust of the improvements is in ac•rurdanc•e ~tilth the latti in force in this City and the proceedings of the ('it,~ heretofore lead ~ti ith reference tv said impro~ nlents, rind is in all respects valid and regular 11I. 'There shall be and is herebt lei led and assessed against the parcels of property herein below mentioned rend against the real and true c)wners tileret)f• (yyheUlel such uti nel•s 1)e ruri'ectly named herein or not) the sums of money itemised l)e!oyy ci{)polite the description of the respeEtiye pru•c•els ot• property rind the several amounts iltiSeSSed rlgrllrlst: the tir111ie and the OMlrel t)lel'eOf• ill frllrlti ll(11 Oylrlel's rll•e 1\noWn 1)eing rlS folloyys 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 assessmezi against such property in propor- tion as its his or her 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 Tlxe 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 are 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 o£ 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 (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 (81) per annum, payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property abutting upon such completed 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 default 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 cost of collection, if in- cuxred 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/or over a longer period of time in cases in which the Director of Public 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 upan such completed and accepted unit shal'h 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 VI Xf default shall be made in Ct~e payment of any assessment, collection thereof shall be enforced either by the sale of the property by the,,asseesar and Calleatax of Taxeg of said City as near as passible in the same msnnez provided for zhe sale of property far 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 ~u.r- isdiction, or as provided. in any mechanic's or materialman's contract as aforesaid, and said City shall exercise all of its lawful polders to aid in the enforcement and collec- Lion of skid assessments VII. The total remount assessed against the respective parcels of abutting property and the owner thereof is in accordance with the proceedings of the Citv relating to said improvements and assessments thereof and is less than the propol•tlon ~f the cost allowed and permitted ley the law n i•circe In the City VIII. Although the aforementioned chal•ges have been fixed levied and assessed in the respective amounts hereinabove stated the City Council does hereby 1°eserve unto itself 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 cI•edits, and will not do so if same would result in any equity and/ol• unjust discrimination The principal amount of each of the several assessment certificates to be issued the City of Fort Worth Texas as hereinafter provided shark be fixed and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts, if any as may heI•eafter be allowed by the City Counci] 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 payment and to aid in the 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 ~'l'oi th Texas upon completion and accept ante by the Cite of the lmpro~-enlents in each umt of improvement as the moll. in such unit is completed and accepted which certificates shall be executed bti the ma~~oi m tl~,e name of the Cltv and attested by tl~Ie City Secretary with the corporate seal of the CIt~ impressed thereon and h~rll I,e pay able tc> file Citt of Fort Worth or its assigns and sh<lll declal•e the sold amounts time and term u1' lr,r~ meat i <rte of interest, and the date of the completion and acceptance of the improvements abutting' upon uc h }rropert.v foe which tl+e certificate is issued and shall contain the name of the owner oI owners +f hn ~~ n dc~sc + iption of the property kw lot and block numklel or front feet thereon of such other desuptiun as may otl er~~isc Identlfv the same and if the said propel•t~ sl+all be owned by an estate then the desc•riptlon :rf anre as su uwneik shall be sufficient and no error or mistake In descril.ring any property cr rn o~i~irg~ the Hanle of tht~ ,~~nei shall invalidate or in am•wise Impair such certificate to the assessments lei ied The certificates shall prop ide uhstantiall~ t rat if' :;amt shall nut I,P pain pruniptl~ upon matw•ity then they sh 11 be c~~llectable Kith reasonable attorn<:~~ s fees urd ~u~;t ,f culit~<fiur~ if Incurred and shall provide substantially that the amounts e~i fenced there~l~~ shall be p~ud to the Assessui and Coliectol of Taxes of the City of Fort ~~ orth 'Ce~as who shad issue his receipt th 1'E'iUl «hic I h .ill ere e` idence of such payment on any demand foe the same and the Assesoi .rnd Culiectui• of Tales hal deposit he sums so received by him forth with with tike City Treasul•eI to I,e kept <rnd held h. liim in ~. sepal rte f'iind ~uui ~tihen any pa~•ment shall be made it the City the Assessor and Cc liec•toI of '!'arc:, a um uc h cer+itic rte shall upon presentation to hlnl of the c•ertrficate In the holdei thereof endui•se said pay meat the •eu~l' It' ric h cert ficate be assigned then the holder thereof shall be entitled to rec•ei~e from the C'it~ '1'iea~ure~i the in+u.iii+ paid upon the presentation to him of such certificate so endorsed and credited and su h end ,i•sen cnt _r ~i i lit ~h ii be the Treastu•er s Warrant for making such pavrrient such payments h~ the Treasu •e hill l,c, is •c, teci fr the holder of such certificate in wilting and by su •render thel•eoi' «hen the lsrinc pal t tl I• tiii~th +~+ rued into"rest; and 11 costs of collection and r•easonahle attoine~ s fees if' Incurl•eci have been p ud in full Said certificates shall further recite sul,stantiall~ that the proceednigs ~~•ith Deference to making the impro~ ements have been regulail~ had ur comphanc•e n ith the 1 ~ iiul tl +t all pi c~i•equl rtes to the fixing of the assessment lien against the prolie.rty descril,ed in such ~r"i lilt rte~~ cncl 1 +e 1reDSOn>i1 habilit~ of the owners thereof hay e been performed and such rec•it<ils sh .ill ere prima facie e~ + is nc !• li f h rn tti c~DS retried in uch certificates, and no further proof thereof shall l,e requn•ed in un~ cuui•t Said certlC~cates nla~ have c•oupon:; attached thei etc in e. i lent e ut c"ac ii n any c~f• fire se. er<i] installmelrts thereof or may hay e coulums for eat lr cif tL< first. four Installments 1ea~ ing the main cer•tiPicate to serve for the fifth installment which coupons rnav he pay able to t11E? C t~ of Furt ~'l orth ~,r it assigns may l,e igned with the facsimile sir;natures of the ;\'ka~ or <lnd Clty sec retarv 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 unite 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 asses~- 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 ~9 day of 19 ~ r APPROVED AS TO FORM AND LEGALITY ,~-°- City Attorney c• PROJECT NOS 021-36620 & 029-36620, OVERLAKE DRIVE FROM HILL RIDGE TO 400' EAST, to be improved by constructing a five-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgarde with seven-i nch high concrete curb and eighteen-inch wide con- crete gutter on a twenty-eight foot roadway Six-inch thick concrete driveways will be con- structed where specified BLOCK+ OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE TRIANGLE ESTATES Ford & Associates Inc?-R 2 100' Pavement $8 63 $863 00 1501 N Norwood Res 100' Curb & gutter 6 87 687 00 Hurst Tx 76053 $1 ,550 00 Louis Sabo 6 2 100' Pavement $8 63 $863 00 6120 Overlake Drive Res 100' Curb & gutter 6 87 687 00 76135 85 S F Driveway 3 18 270 30 $1 820 30 Louis Sabo 5 2 200' Pavement $8 63 $1 726 00 6120 Overlake Drive Res 200' Curb & gutter 6 87 1,374 00 76135 85 S F Driveway 3 18 270 30 $3 370 30 SOUTH SIDE L Wayne Williams 7 1 100' Pavement $8 63 $863 00 6121 Overlake Drive Res $ 863 00 76135 Bert Hammack 8 1 100' Pavement $8 63 $863 00 6123 Overlake Drive Res $ 863 00 76135 Bert Hammack 9 1 100' Pavement $8 63 $863 00 6123 Overlake Drive Res $ 863 00 76135 Bert Hammack 10 1 100' Pavement $8 63 $863 00 6123 Overlake Drive Res 76' Curb & gutter 6 87 522 12 76135 $1 385 12 Total cost to property owners (assessments) $10 714 72 Total cost to City of Fort Worth $12 607 40 Total estimated construction cost $23,322 12 pity ®f' ~®a-~ ~®~°~~., ~'e.~~~ ,1~Iayc~~ and ~®nn~a~ c~®~,~,~cna~a~~®~ DATE REFERENCE SUBJECT Benefit Hearing -- Assessment PAGE NUM@ER Paving of Overlake Drive ~ Trian g G-4995 gle Estates, Phase TT lof~ On April 21 1981 (M&C C-5.626) the City Council declared the necessity for and ordered the improvements on Over lake Drive, Project Nbs 021~036a620~-00 (Engineering) and 029-036-620-00 (Construction) described below A construction contract was awarded to APAC-Texas Tnc in the amount of $20 458 and May 19 1981 was set as the date for the benefit hearing All of the adjacent property owners were notified ~~ the hearing by certified mail on May 1 1981 Roadway ROW Street Limits Width~Feet Width-Feet Overtake Drive Hill Ridge Drive to East 400' 28 60 Origin of Project This. project was initiated in conjunction with Community Facilities Contract No 11437 approved on November 18 ].980 (M&C C-5405), for the development of Triangl Estates Phase TT This segment of Overtake Drive is a border street to a portio of the development Tmprovements Improvements will include the construction of residential type pavement with concrete curb and gutter and driveway approaches No storm drain facilities are required in this project Improvement of this segment of Overtake Drive will provide continuous pavement with curb and gutter from Boat Club Road to Hill Ridge Drive Assessments and Enhancements Tn keeping with standard assessment paving policy, adjacent properties are being assessed $15 50 per front foot for pavement, curb and gutter plus drivEway approaches where required All of the adjacent properties are zoned "Residential Based on previous appraisals of like property considerin t ~~ved access ~ and the controlled drainage provided by continuous curb ~~~ ~~ e``~ t is the ~~ ~ o anion of the Public Works En ineerin Division that pc~h ~ , ~ ~V~a ro ert P g g ~I ~ YP.~ P P y will enhance in value by an amount equal to or more than the proposed,assessments MAY ~9 ~sa~ Recommendati®n .. ... It is recommended that an ordinance be adopted closing b~n~~f~~i~~`¢ fig and levying the assessments as prOdpOSed Ci ecreterY of tha o! Fort jioxth, _~ GG p1g .. ,...._ SUBIMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY AFFICE BY: -. ^ APPROVED OR161NATING ^. OTHER (DESCRIBE) DEPARTMENT HERO: Gary Santerre A .,.._.,......-., ,..,,-,~,.,,ms..,- CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt, EXt 7805 DATE