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HomeMy WebLinkAboutOrdinance 8260®I~DINANCE N0.- ~-~~-~- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF___, ED RVI~.LE ROAD _ 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 THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY, CREDIT GRANTED DIRECTING THE CITY SECRETARY ~'0 EN GROSS 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 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, Texaa, be improved by raising grading, or Oiling same and by constructing thereon to-wit EDERVILLE ROAD In Courtney Oaks Phase I, from Morrison Drive to 715' east, known and designated as Project No 029-36578,a seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven- inch high concrete curb and eighteen-inch wide concrete gutter on a forty-eight foot roadway Six-inch thick con- crete 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 S R 0 ASPHALT, 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~and said waived hearing was had and held at the time and place fixed therefor to-wit, on the 20th day of January ~.g $1 ~ 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. that ted that protested that -------_ ____ _____ _protested that ___-_ --_-_._--_.__protested that ------ --- ------ - ~.. --- ----- ------protested that that -__protested that ilnd 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 f'ull~ 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 7'i':XA;~, 'T'HAT I. tiaid hearrn~• be and the same is herebv closed and the said llrc,test and objections, and any and all other In•otests and objections whether herein enumerated or ~r not be and the silme are herebv ovet•ruled. II. '!'he (its (.vunci! frum the evidence finds that the assessments he?•e-n levied should be made and levied against the respective parcels of prvperty al,utiing upon the said pot•tions of streets, avenues and public glares and against the owners of• such property and that such assessments and charges are right and propel• and are substantiillly in proportion tv the benefits to the respective parcels of property by means of the improvements in the unit fol wl?ic•h such assessments ~u•e levied and establish sulstitntial ,justice and equality and uniformity between the respective owners of the ~•espective },rope?•ties, and between all parties concerned considering the benefits received and burdens imposed xnd furthe? finds that in each case the abutting property assessed is specially benefited in enhanced value to the said property bl means of the said improvements in the unit upvn which the piu•ticular property abuts and fv? vhich ,cssessmer?t is levied and charge made in a sum in excess of the said •lssessment and charge made against the same In this ordinance and further finds that the apportion ment of the cost of the improvements is in aecvrtlanc•e ~tiith the law in force in this City and the proceedings of the Cit.t heretofore had ~lith reference to said improl ~?YUrnts and is in all resl.~ects valid and regular III There shall be find is herel~~ lel?ed and assessed agiunst the parcels of prvpert~ herein below mentioned and against they -•eal and true vwners thereof (~+hether such oti Hers I>e c•orreetll named herein c~l• not) the sums of morel itemised below oppos?te the description of the respective p<ureis oi' property and the several amounts assessed against the siune and the Dune? thereof as fay as slu•h vwners are known being as follows I~ ~~'here more than one person, firm or cor•por•ation 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 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.cinst which the same ar•e 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 (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 t11e 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 payabie 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 coml.~leted and accepted unit shall be and become due and payable in such installments, and with interest from the date of sorb 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 promptl`• as the same matures then the entire amount of the assessment upon which such default is made shall, at the option of said City o.f Fort Worth or its assigns be ~cnd become immediately due and payable, and shall be collectable, together with reasonable attorney s fees and cost of collection if incurred PP~OVIDED however that acting through its duly authorized Director of Public V~'or la the Cit. of Fort Worth retains the right to authorize payment of the sums assesed against abutting property upon such completed and accepted unit in not more than forth-eight (-IR) equal regular monthly installments of not less than $~ p0 each the first of such installments to become due and payable not more than thirty (all) days after the completion and acceptance by the City of the particular unit PROVIDED FL?PTH1;R 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 tine Director of Public Vl or•ks has previously determined that an extreme tinancral hardship upon the ln•operty owner will otherwise result and PF~OVIDED FURTHLR that such method of pay menu shall he authorized only in instances where the owner or owners of property abutting upon such completed and ~iccepted unit shall have executed and delivered to the City of Fort ~~ orth a lawful valid and binding note and mechanic s and materialman s contract upon forms supplied b~ the Clt\' h'ranting a mechanic s lien upon and conveying the said abutting property in trust to secure the payment 1n said owner or owners according to the terms thereof of the sums assessed against such property ~I. If default shall bF. rtrade in the pay merit of ant assessment collection thereof shall be enforced either by the sale of the property b~ the Assessor and Collector of Taxes of said C:'it~ as near as possil_~le in the same man- ner provided for the sale of property for the non-pavmer;t cif ad ~ alorem taxes o at the option of the City of Fort Worth or its assigns payment of said sums shall I>e. enforced l~~ suit ur any court of competent jurisdic tion, 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 <:rnd collection of said assessments VII. 1'he total amount assessed against the respective parcels of abutting property and the owners thereof is rn accordance with tine proceedings of the City relating to said improvements and assessments thereof and is less than the proportion ~f the cost allowed and permitted by the law n force rn t.lre Citv VIII. Although the aforementioned charges have been fixed levied and assessed in the respective amounts hereinabove stated the City Counci] 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 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. ce~•tificates to be issued the City of Fort Worth Texas as hereinafter provided shall be fixed and determines} 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 aganrst 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 respec•trye assessments less the amount of any re- spective credit allowed thereon shall be issued by the City of Fort tVorth Texas upon completion and accept ante by lire City of the impro+-errtents in each unit of improvement as the woil: in such unit is c°ompleted and accepted which certificates shall be executed by the ma~oi m the name of the City and attested by the City Secretary with the corporate seal of the Cite impressed thereon Ind hall to pa+abie to lire City of Fort Worth or its assigns anti shall de~lai•e the said amounts time and terms of lta+ meth rate of interest, and the slate of the completion and acceptance of the improvements <lhuttrng upon such property for which the certificate is issued and shall contain the name of the owner oi• .iwners, it l~n ++n dc~sc i iption of the property by lot and block number or front feet thereon of such othei rlesctp ton as niav utl er++i~e identify the same and if the said prohert~ shall be owned by an estate then the description of• amc~ as ~~~ owned shall be sufficient and no error or mistake in describing am propert v c r in ~•iv ir.~• the name of thc, cr++ net shall im alidate of in am wise impair such certificate to the assessments le+ led The certificates shall provide ubstantutlly t tat it sonic. shall nut lic> paid promptly upon maturity then they sh 11 1>e collet table N ith t•easonable attorney s fees urd ~•u>a f c oil ~c lion i f inctn•i•f~d and shall provide substantially that the amounts eyi lensed ther•eliv shall be paid to the Assessor and Collect.ur of Taxes of the Citr• of Fort f~ orth 'Cetias who shall issue his receipt tit refot \\ hirl hill be ~\ idenc•e of such payment on any demand fur the same art<i the Assessor lnd Coliectm of Tapes hal deposit he runts so received by him forth with with thy. Ctty Treasurer to be l.ept zrnd held liv hinr in ~ separ t e t'iind and when any payment shall be made it the Cit+ the A ~sessot and Cc Hector of 'faxes a gun uc li r c'i t iris tt~ shall upon presentation to him of the certificate b+ the holder thei 2of endorse spud pay ment i he •eui' l t• uc h tent fit ate be assigned then the holder thereof shall be entitled to receive from the (rt\ '1'reasurcrt the uu ~~ni+ paid a{con the presentation to him of such certificate so endorsed and credited and uc h end ~rsenicrit .r ri r sit h it be the Treasurer's Warrant for making such pavnieni Such payments by the Treasu •e hill he is ec tecl fr the ltoldei of such certificate in writing and l.tv su •re.nder thei•eoi' when the itrinc• p<tl t.><_~~ tl r v+~ith + ~ i•uecl n tc~rest and 11 costs of collection and reasonai~rle attorney s fees if uuurred have been yard ui full Said certificates shall further recite substantially that the pi su eeshn;;s +v ith r efer•enc•e to making the improvements have been regularly had Iri compliance w it!i the I \~ _rixl tl ~ i all pi c~requi Iles to the fixing of the assessment lien against the Ln•olierty described in uch •c~riiiicatc~ Ind i.!ic~ persvnaf liability of the owners thereof have been performed and such rentals shall tie prtn~ia facrc~ ev i lc n !' 11 tii rn ittcr~ recited ut uc•h certificates and no further proof thereof shall be regtured in any c•our•t. Said certificates may have rcrnpuns attached thereto u~t ev i ~len e uf• t•ac h ~t ~urv oi' lire sever ill installments thereof or may have coulxurs for each of the f~ii t fvw• installments leayin~~ the moist certifi<ate to serve for the fifth installment which soul ons may be pay able to the C t\ of Fort ~t urt h of its assigns may be. igned with the facsimile signatures of the :~'iaycn <tnd 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 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, invaliditiea or irregularltiea, 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- 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 19y..1._ APPROVED AS TO FORM AND LEGALITY City Attorney PROJECT NO 029-36578, EDERVILLE ROAD IN COURTNEY OAKS, PHASE I, FROM MORRISON DRIVE TO 715 ~ EAST, to be improved by constructing a seven-inch thick hot-mix asphaltic concrete pavement on a six-inch lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a forty-eight foot roadway Six-inch thick concrete driveways will be constructed where specified OWNER NORTH SIDE Courtney Oaks Apartment Co Two Northpark East Suite 555 Dallas Tx 75231 c/o Paul Cheng BLOCK LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT COURTNEY OAKS ADDITION 1 1 180' Pavement curb & Apt gutter 283 S F Driveway $34 85 $6,273 00 2 25 636 75 $6 909 75 1 2 272' Pavement curb & gutter Apt 283 S F Driveway Courtney Oaks Apartment Company Two Northpark Suite 555 Dallas Tx 75231 c/o Paul Cheng Courtney Oaks Apartment Company Two Northpark Suite 555 Dallas, Tx 75231 c/o Paul Cheng Courtney Oaks Apartment Co SOUTH SIDE 1 3 236 67 Pavement curb & gutter Apt 284 S F Driveway 688 67' Storm Drain E JOHNSON SURVEY $34 85 $9,479 20 2 25 636 75 $34 85 $8 249 95 2 25 639 00 $10,115 95 $8 888 95 (Lump sum) $16 297 00 Courtney Oaks Tract 2 688 67' Pavement, Apartment Company Res curb & gutter $28 91 $19 909 45 Two Northpark, Suite 555 $19 909 45 Dallas Tx 75231 c/o Paul Cheng Total cost to property owners (assessments) $62 121 10 Total cost to City of Fort Worth $11,444 45 Total estimated construction cost $73,565 55 .~ .~ .~ City of 1~"ort Worth, texas Mayor and Council Communicatzon oa7~E REFERENCE sus~scr. Amendment to Community Facilities P~dE NuMaER C=5489 Contract No 11122 (Assessment 1 ~ 3 d Benefit Hearing Histor On May 27, 1980(M&C C-5112), the City Council authorized the City Manager to execute a Communitg Facilities Agreement.with•Paul Cheng, the developer of Courtney Oaks Addition, Phase I Included in the agreement is the improvement of Ederville Road from its intersection with Morrison Drive easterly approximat 715 linear feet to the southeast corner of Courtney Oaks Addition, Phase I, to be constructed 48' wide wfth concrete curh-aad gutter .and collector grade pave- ment The agreement indicated the above segalent of Ederville Road to be an ixiterior street since the developer owns a'11 of the property on both sides of the proposed roadway, Courtney Oaks, Phase I, being on the north side and Phase II on the south side The developer purchased the 10 acre tract of land, zoned "A"-1 Family Residential in August, 1979 His plans were tQ rezone Phase I to "C" Apartment and construct the ('ourtney Oaks Apartment Complex and rezone Phase II to "CR" Apartment and construct a lower density apartment project The zoning for Phase I was approved by the City Council on December 11, 1979 However, Phase II rezoning was rejected by the City Council on July 22, 1980 As.a result, the developer has been unable to develop Phase II causing a shortage of funds to pay for the south one-half of Ederville Road through the development On December 23, 1980,. the Public Works Department received a letter from the developer (Paul Cheng) reiterating the above and requesting that Community Facilities Contract No 11122 be amended to allow the City to award the contract for the improvement of Ederville Road from Morrison Drive to•715' east on the assessment paving basis The developer will pay cash within 45~-days for his shat of the north one-half of the street and the full developer's share of storm drainage coat within the entire roadway He further requested that he be assessed for the south one-half of the roadway based on normal developer's ,_ coat adjacent to residentially zoned property to be repaid in five annual payments plus 6X interest on the unpaid balance annually, the first 1/5 being due 30 days after the project is accepted by the City However, should the developer be successful in accomplishing a zoning change for Phase II to "CR" Apartment prior to the full payback of the assessment, then he will pay back the City the full assessment for the south side of the street, namely $24,001 55, plus 6X interest Receipt of Bids The project was advertised for bids by the developer's engineer (Farrington ~ Associates) on October 8 and 15, 1980, and the following bids were received oa. October 29, 1980 rr` DATE NUMBER su81ECT: Amendment to Community Facilities PAGE C-5489 Contract No 11122 (Assessment i~ ~ _~ and.. Benefit. Hearing Bidder Amount Working Days SRO Asphalt, Inc $73,565 55* 35 Austin Road Company $79,148 58 50 APAC-Texas, Inc $81,520 66 40 *SRO Asphalt, Inc , has agreed to extend the validity of their bid through January 20, 1981 Improvements This segment of Ederville Road will be improved with 7" thick hot-mi.x asphaltic concrete pavement with concrete curb and gutter, plus concrete driveways where specified c+n the north side of the street Storm drain improvements consist of 336' of pipe and appurtenances Project Cost and Financing Based on the low bid and special provisions of the amended community facilities contract as outlined above, the developer will pay $25,914 65 for the north one-half of the street; $16,297 for storm drain.faod.lities; and $19,909 45 for the south one-half of the street for a total of $62,114 .66, to be provided for by a bond fund transfer from the "Revolving Fund Unspecified" Coat to the City for construction will be $11,444 45, requiring a bond fund transfer from the "Streets in New Additions Unspecified Account" to supplement funding existing in Project No 021-036-578-00 Recommendations It is~ recommended that the following items be approved and adopted in the sequence in which they are set out herein 1 Community Facilities Agreement-No 11122 be amended as outlined above; 2 The following bond fund transfers be approved From To Amount Reason 029-036-901-00 029-021-101-00 $62,500 To provide funds in Streets is New Addi- Revolving Fund Cantribu- the revolving fund tions Unspecified tion contribution account 094-009-901-00 094-036-518-00 $62,121 10 To provide funds for Revolving Fund Revolving Fund Assess- property owners' share Unspecified went Paving of Ederville of construction coat Road in Courtney Oaks Addition, Phase I 029-036-901-00 029-03f~-578-00 $11,500 To provide funds for Streets in Nee Assessment Paving of City's additional Additions Unspecified lEdervilla Road in cost of construction Courtney Oaks Addition, Phase I •4 GATE REFERENCE NUMBER i , ~nls~l C-5489 sus~ECT Amendment t:o Community Facilit Contract No 11122 (Assessment .___.__ _... _ l?ay ing_ Q~ ~dg.~v~~g_Road) .and II I. ne l t t I le,a r i ~~}; PAGE 3_ or 3 3 An ordinance be adopted a Declaring the necessity for and ordering the .improvements; b Making provisions for levying assessments c Direcitng the Public Works Department to prepare estimates ~f costs >3nd amounts t~o be assessed; d Awarding t:he contract t-.o SRO Asphalt Inc. , in the amount of $73,565 55 bayed on their low bld e Making ~,pprcpriations t:o cover the indebr.edness thereby 1ni.urr.ed fer improvements of the project named above; and, 4 Upon a complishment of Recommendation 3, an ordinance be adopted a Appaovrng the Estimates of costs and amounts proposed to be assessed an b Setting January 20, 1981, as the date for the benefit hearing, sub,lect t and ccndi.tiun.~:d upon receipt of Waiver of Notice of Benefit Hearing; and 5 Up:,n accomplLr~hment of Recommendation 4 an ordinance be adopted closing the benefit hearing and le~y.ing the assessments as proposed t,G p 1 g Ar ca. hmenc r Y ' ~ I ,J~ ` - ~ j ~ s~ +~ ~.. x t~~!/ ~?yvK ~~ I F~~J ~ ~+.<< iw~ :h ~a.;y SUBMITTED FOR TMt OIf/OSITION ~Y COYNCIt: PROCElSEO ~Y CITY MANAGER'! f ~ AP*IIOYEO OFFICE SY: ~~ ORIGINATING °' :.~ Q~Ew IOESCRI~ OEPAMMENT NEAO: G3I G ~~' 1 ~ V CITY SECRETARY FOR AOOITIONAI INFORMATION CONTACT midt Ext. 7800 BATE ADOPTED ORDINANCE ND 8258 DETERMINING NECESSITY AND ORDERING IMPIbOVEMENT5,