HomeMy WebLinkAboutOrdinance 8454
ORDINANCE N0. g-~-~~~-~-
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_. bentle.~Vllage Parkway ._-... __
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 'i'0 EN
GRO$$ AND ENROLL 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 s AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City oP Fort Worth, Texaa, has heretofore ordered that each of the hereinafter described
portions of streets, avenues and public .places in the City of Fort Worth, Texaa, be improved by raising, grading,
or filling same and by constructing thereon to-wit
BENTLEY VILLAGE PARKWAY From I-30 to John T White Road, known
and designated as Project No 021-23173
Unit III a seven-inch thick reinforced
concrete pavement on a six-inch thick=
lime stabilized subgrade with seven-inch
high superimposed concrete curb on
two thirty-six foot traffic lanes with
an eighteen-foot median
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
Texas Bitulithi Go (a .Division of APA('-TPSragy TnC 1
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 ,day of - ,
19 , 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
ted that
_protested that
protested that
__ _____ ____ ______ _protested that
_ ._._._.___-_ _protested that
___..__.__..___. __.___.____.__protested that
ted that
ted 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'ull5 considered all proper matter is of the opinion that the said heating should be closed and assessments
should be made and levied as herein ordered
I3E IT ORDAINED BY THE ('ITY COUNCIL OF THE CITY OF FORT WORTH
Ti'aAS, THAT
I.
laid hearing be and the same is hereby closed and the said protest and ob,tertions, and any and all other
protests and ob•ject.ions whether herein enumerated or or not, be and the same are hereby ovet•ruled
II.
The 1. its Council from the evidence rinds that the assessments herein levied should be made and levied
against the respec•tne I)ru•rels of property abutting upon the satd portions of streets, avenues and public places
~utd 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 respectr5%e parcels of property l.)y means of the improvements
in the unit for which sorb assessments are levied and estat)ltsh substantial justice and equality and uniformity
between the respectrve owners ot• the respective properties and l)et55een all parties concerned considering the
benefits received and 1)urdens imposed and further finds that in each case the abutting property assessed is
specially benefited in enhanced 5 aloe to the said ln•oper 5 b5 means of the Bald improvements in the unit upon
which the p21t't1CUlitr' property abuts and for ~ hrc•h rssessment is levied and charge made in a sum in excess of
the said assessment and c•har•ge made against the same 1)5 this ordinance and further finds that the apportion-
ment of the c•ust of the improvements is in xc•cordanre 55ith the law in force in this City and the proceedings of
the ('it.5 heretpfore had 55ith referetrc•e to card imprc>5 nrents and is in all respects valid and regular
III
There shall be and is hereby ley red and assessed ag~unst the parcels of property herein below mentioned
and against the real and true owners thereof' (55hethei such cr55ners I)e correc•tl5 named herein or not) the sums of
money itemired be;~~55 opposite the description of the respec tit e p~u•c•els o#' property and the several amounts
assessed against the same and the o55ner thereof as t•ai as stic•h o55ners are l:npwn being as follows
vII.
1'he total amount assessed against the respective parcels of abutting property and the owner;; thereof is
in accordance with the proceedings of the City relating to said irrrprovements and assessments thereof and is
less than the proportion ~~f the cost allowed and permitted lrv the law n force ur t.hc~ 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 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 he 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 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 Counci] as a credit
against the respective assessments.
IX.
For the purpose of evidencing the several sums assessed again t the respective parcels 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 assignal.rle certificates in the principal amount of the respecti~ e assessments less the amount of any re-
spective credit allowed thereon shall be issued by the City of Fort ~~ or th Texas upon completion and accept
ante by the Cite of the impro~enients in each umt of imprcnement as the ti~oil. u~ such unit is completed and
accepted which certificates shall be executed b~ the may of rn the Hanle oi• the Crtv and attested by the City
Secretary with the corporate seal of the Crty impressed thereon and hall Ire pat able to the City of Fort Worth
or its assigns and shall de~lai•e the said amounts trine and terms of 1ra~ ment rate of interest, and the date of
the completion and ac•c•eptance of the impro~emer.ts abutting upon uc h property for which the certificate is
issued and shall contain the name of the owner or :owners if hn ~~ n dc~sc i iption of the property by lot and block
number or front feet thereon or urh other desciption as may otl erwisc iclentifv the same and if the said
property si~rall be owned by an estate then the description ot• ante ati su uwnerl shall be suflie•ient and no error or
mistake in descril.ring am property cr nr gi~ina~ the name of th,~~ ,saner shall rmahdate or ni anywise impair
such certificate to the assessments lea led
The certificates shall prow rde ulrstantialla t urt if sank sli<rll not I>c~ paid pronrptl~ upon maturity then
then. sh 11 be collet table ~ ith r•e~isonable attorney s fees uul + 1 f roll ~~ t ion i f incurred and shall provide
substantially that the amounts e~ ~ tenc•ed therelra shall be laud to the Assessor and Ccrlleetui of Taxes of the
City of Fort ~'~ orth 'i'e~as who shall issr.ic hr receipt tii rc~ of ~~ hic I hill lre ~y idence of such payment on any
demand for the same anct the Assessor and Collector of T~i~e h rl dep+rsrt he sums so received by him forth
with with the City Treasurer to Ire kept <rnd held by him in ~ separ rte t•n id and yyhen any payment shall be
made it the City the Assessor and Cc ]lector of '['axes a ,on uc I~ r er? r1i~,ite shill upon presentation to him of
the certrficate b~ the holder thereof endorse scud pay nient the •eof It• ucli cent tic ate be assigned then the holder
thereof shall be entitled to rec•eiye from the (`rta '1'reasui•c~r the u~i,nn+ p<ud upon the presentation do him of
such certificate so endorsed and credited and such end rr•sen cnt t ~i i lit ~h it he the Treasurer s Warrant for
nral.ing such pavrrient tir.ich payments by the 'I'reasu•er hall !,c rc ci terl f~ r the l~iolder of such certificate in
writing and by su •rendei thei•eoi' yyhen the ;n•inc pal t tl i yailh <~ c rue+l interest. and 11 cost; of collection
and reasonable rttorney s fees i1' incurr~eri have been I rid in full
Said certificates shall further recite substantially that ih~ proceechngs ya•ith reference. to making the
improvements have been regularly had in compliance yaith the I ~ ~ind tl it all prer ~quisites to the fixing of the
assessment i.ien against the property described rn such ei lilt rte ui+l the persona! liahrlity of the owners thereof
have 1_reen performed and such recitals shall !re prima facie ey i 1c n !' I? ih m ittc~rs recited in uc•h certificates.
and no further proof thereof shall be requn•ed rn any court.
Said certrficates may have cc.nrpons attic bed tiiei eto ur ey i ~len e of e~ac Ir n any of the sey er al installments
thereof or may hxy e cot.ilxrns for eat {i uf• the first four instalhnerits ieay in~~ the main cei•ti(icate to serve for the
fifth installment which coupons may be pzryal.rle to the C ty of Fort ~~'v orth c~n it assigns may be, igned with the
facsimile signatures of the ~~Iayor and Citt~ 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 asaeas-
menta 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 Worth, 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 as day of ~~=~~~ 19~-~
APPROVED AS TO FORM AND LEGALITY
City Attorney
r PROJECT NO 021-23173, BENTLEY VILLAGE PARKWAY, UNIT III, FROM I-30 TO JOHN T WHITE ROAD
to a improved by constructing a seven-inch thick reinforced concrete pavement on a six-
inch thick line stabilized subgrade with seven-inch high superimposed concrete curb on
two thirty-six foot traffic lanes with an eighteen-foot median
BLOCK
OWNER LOT 70NING FRONTAGE RATE AMOUNT ASSESSMENT
WEST SIDE A N CURRY SURVEY
Randolwood Tract 1 1 549 92' adjusted to ( drainage easement)
Investment Co Comm 1,395 53' Pavement $53 94 $ 75 274 89
P 0 Box 818 Vol 5424 1 325 53' Curb 1 33 1 762 95
Abilene, Tx 79604 Page 745 1,395 53' Storm drain 56 53 78 889 31
1,395 53' Bridge 80 69 112,605 32
1 395 53' Preparation of
ROW 8 86 12 364 40
1,395 53' Top soil &
seeding 5 52 7 703 33
1,395 53' Street lights &
traffic markers 3 96 5 526 30
$294 126 50
i
G W CLARK SURVEY
Randolwood Tract 1 244 28' Pavement $53 94 $ 13 176 46
Investment Co Comm 214 28' Curb 1 33 284 99
P 0 Box 818 Vol 5424 244 28' Storm drain 56 53 13 809 15
Abilene Tx 79604 Page 745 244 28' Bridge 80 69 19 710 95
244 28' Preparation of
ROW 8 86 2 164 32
244 28' Top soil &
seeding 5 52 i 348 43
244 28' Street lights &
traffic markers 3 96 967 35
$ 51 461 65
EAST SIDE
Randolwood Tract 1 244 28' Pavement $53 94 $ 13 176 46
Investment Co Comm 234 28' Curb 1 33 311 59
P 0 Box 818 Vol 5424 244 28' Storm drain 56 53 13.,809 15
Abilene Tx 79604 Page 745 244 28' Bridge 80 69 19 710 95
244 28' Preparation of
ROW 8 86 2 164 32
244 28' Top soil &
seeding 5 52 1 ,348 43
244 28' Street lights &
traffic markers 3 96 967 35
$ 51 488 25
-1-
PROJECT NO 021-23173, BENTLEY VILLAGE `PARKWAY, UNIT III, cont
BLOCK
~, OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
EAST SIDE
A N CURRY SURVEY
Randolwood Tract 1 1,553 33' adjusted to (Drainage easement)
Investment Co Comm 1,307 32' Pavement $53 94 $ 70,516 84
P 0 Box 818 Vol 5424 1,287 32' Curb 1 33 1 712 14
Abilene, Tx 79604 Page 745 1,307 32' Storm drain 56 53 73,902 80
1 307 32' Bridge 80 69 105 487 65
1,307 32' Preparation of
ROW 8 86
1 307 32' Top soil &
seeding 5 52
1,307 32' Street lights &
traffic markers 3 96
Total cost to property owners (assessments)
Total cost to City of Fort Worth
TOTAL ESTIMATED CONSTRUCTION COST
11,582 86
7 216 41
5 176 99
$275 595 69
$ 672,672 09
$ 661,042 70
$1,333 714 79
-2-
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 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 payment 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 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 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 ten (10) equal installments each equal to one-tenth (1/10) of the
improvements The first installment shall be payable thirty (30)
days after the completion of the project The first installment
shall be payable thirty (30) days after the completion of the project
Nine (9) equal annual installments each in the amount of one-tenth
(1/10) of the total assessment together with interest on the unpaid
amount of the note calculated at eight percent (8%) per annum shall
be due and payable on the anniversary date of the initial payment
Owner may obtain releases of frontage from the lien securing
the promissory note in accordance with the following formula
One-Twelfth (1/12) of the total frontage shall be released for each
One-Tenth (1/10) of the total assessment paid In determining Owner's
right to release of footage the initial payment and all principal
payments on the note shall be cumulated to determine the footage
which Owner shall from time to time be entitled to have released from
the lien Owner shall have the right to designate any frontage
within the project for wiii.ch Owner is entitled to a release and
the City shall forthwith execute and deliver such release to Owner
for recordation
Owner shall be permitted to sell any portion of the property
fronting on the project subject to or upon the sale assumption of
the debt and lien securing the assessment No sale of any portion
of the property shall eliminate the liability of Owner or the guarantee
of United Savings of Texas with respect to the Promissory Note un-
less the City shall consent in writing to a release of such liabil-
ity or some portion thereof Owner om its successors or assigns
shall be permitted to plat the property without obtaining a release
of footage but subject to the lien securing payment of the Promis-
sory Note
Should Owner or any of its successors or assigns apply for a
building permit on any property fronting on the project then Owner
or its successors or assigns shall be required as a condition
precedent to the issuance of such a building permit to secure a re-
lease~of the:__~.frontage encompassed within the contemplated improve-
ments and in the event Owner shall not then be entitled to releases
of frontage by virtue of prior payments of the assessment as
described above then Owner his successors or assigns shall tender
to the City the amount or any additional amount necessary to secure
a release of such footage and any such payments shall be applied
as prepayments of the Promissory Note
VI
If default shall be made in the payment of any assessment
collection thereof shall be enforced either by the sale of the
property by the Assessor and Collector of Taxes of said, City as
near as possible in the same manner provided for the sale 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 jurisdiction or as
provided in any mechanic's or materialman's contract as aforesaid
and said City shall exercise all of its lawful powers to aid in the
enforcement and collection of said assessments
DATE REFERENCE SUBJECT Benef it Hearing - Bentley Villag pnGE
NUMBER Parkway - Unit 1~iI T-30 to John
n `~Q iQ, r_~~ ~~ T White Road 1 °f 2
On September 29 1981 (M&C C-5898) the City Council declared the necessity for
and ordered the improvements on Project Nos 021-023-173-00 (Engineering) and
029-023-173-00 (Construc;tion) described below A w~onstruction contract was
awarded to Texas Bitulithic Company (a d~,visiorn of APAC Texas Inc j in the
amount of $1 258 221 50 and October 27 1981 was set as the date for the
benefit hearing The adjacent property owner. was notified of the corrected
date of October 28 1981 by certified mail
Project Description
Unit Street
Limits
Roadway ROW
Width-Feet Width-Feet
IYI Bentley Village Parkway I-30 nprth to John T
White Read
Origin of Project
2-36' Ranee. 120 to 128
w,~ 18"' Median
On May 20 1980 (M&C G-4.548) the City Council agpro~°ed. the 1980-81 Capital
Imgr®vement Program (CIP) for strut and stca~m drain improvements Included in
the program is :the improvement of Bentley Village Parkway from Me~.dowlarook Drive
nozth to John T White Road including a new irnterec-hange with I-30 This project
is one of three segmen~~s of the above improvements
On May 27 1980 (M&C C-5108) an engineering contract was awarded to Gordon S
Swift: Consulting Engineer, to design and prepffire plane and specifications for
the entire project
Improvements
This segment of Bentley Village Parkway wild. be improved as a double 36' wide
thoroughfare by c,onstruc.tion of ~" thick concrete pavement with superimposed
concrete curb Included are cross-Duets and tern lanes fdr two future cross
streets and a left ttnrn lane at John T Whiree Road Storm drainage improvements
consist of 1 710' of concrete: pipe and appurtenances and a bridge over Cottonwood
Creek
Assessments and Enhancements
Aril of the adjacent property mn both sides of the. street is owned by one major
owner and is coned "E' and "G Commercial The owner has no immediate glans
for development at this time, however, has agreed to asses:~ments on a deferred
basis against the property based orn normal development policy (Sections IV V
and VIT'I) for an interior street The deferred provision provides for assess-
ments to be payable in 10 equal installments each equal to one-tenth. of the tot
amount of tl-,e assessment The first ins%allment shall be due and payable 30 days
after completion and acceptance of the project by flee Cityi~ The remaining 9
DATE ? REFERENCE SUBJECT Benefit Hearing - Bentley Village. PAGE
NUMBER parkway - Unit IlI I-30 to~John 2 2
10/28/81
G-5131
Te White Road of
r.
equal annual installments, together with interest on the unpaid balance calcffi
laced at 8% per annum with the pr~.ncipal and interest payable on the anniversary
date of the initial payment Assessments may be prepaid at any time without
penalty The total assessment based on -the above policy is $672,672 09 with
the City's cost being $585 549 41 plus $75 493 29 for engineering
Based on the access provided to T-30 and John T White Road and the drainage
facilities included in the new roadway it is the opinion of the Transportation/
Public Works Department that.,t.he adjacent property will be enhanced in value
by an amount equal to or more than the assessment upon completion of the project
Recommendation
It is recommended that an ordinance be adopted closing the benefit hearing and
levying the assessments as proposed
GG plg
~ APPROVED BY
CITY COUNCIL
ors 28 i98t
'~~`-~
cx
ecrecarq of the
o! fort librth, xexgq
ADOPTED ORDINANCE NO g4~~'
SUBMITTED FOR THE
CITY MANAGER'S DISP N BY COUNCIL: PROCESSED BY
OFFICE BY ^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD: CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT DATE