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HomeMy WebLinkAboutOrdinance 8461ORDINANCE NO.--~-~~-~- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF _...1illL.:F.~LS.TAEFT .. AND PORTIONS OF SUNDRY OTHER STREETS, .AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS FACING 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 CPl'Y COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT. TO THE EXTENT OF ANY, CREDIT GRANTED DIRECTING THE CITY SECRETARY TO 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 CITY s AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas, hae heretofore ordered that each o4 the hereinafter described portions of streets, avenues and public .places in the City of Fort Worth, Texan, be improved by raising grading, or filling same and by constructing thereon to-~-it HULEN STREET From Old Granbury Road to Oakmont Parkway known and designated as Project No 029-36651, aseven- 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 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 Metroplex Paving Company, 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 3rd day of November 19_$..L_, _Z.~30 P _ M _ , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit _ protested that - protested that _protested that protested that 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 heaz•d were given full and fair opportunity to be heard and the City Council of the City having i'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 BE IT ORDAINED BY THE ('ITY COI?N('II, OF THE CITY OF FORT WORTH 1'i':~A~, 'T'HAT I. laid hearing be and the same is hereby closed and the said prptesti and objections, and any and all other p1•otests and ob•jeet.ions whethei herein enumerated or or not be and the same are hereby ovez•ruled II. The l.it~ Council from the evidence finds that the assessments herein leaned 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 owners of such property and that such assessments and charges are right and pz•oper and are substantially in proportion to the benefits to the respective parcels of property by means of the imin•ovements in the unit for wliic•h such assessments are levied and establish substantial justice and equality and uniformity between the respective owners of LIIe respective properties and between all parties concerned considering the benefits received and burdens imposed and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said proper ~ b~ means of the said improvements in the unit upon which the particular property abuts and foi which assessment is levied and ehaige made in a sum in excess of the said assessment and charge made against the same b~ this ordiniinre and further finds that the apportion- ment of the cost of the improvements is rn xc•cordanc•e ~~ith the law in force 1T1 this Cit} and the proceedings of the ("it.~ lieretufore had ~~ith rei'ei•enc•e to said impru~ nients and is m all respects valid and regular III 'There shall be and is hereby lei fed and assessed against the parcels of propert} herein below mentioned aid against the real and true owners thereof (~tihethei such otiners be c•orrectl~ named herein or not) the sums of money itemized below oppcisite the description of the respec tip e piu'cels of• property and the seyei al amounts assessed against the same and the owners thereof as f,u as such owners are known being as follows IV there 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 gro rata of the to°tal assessment 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 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 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 Distxict 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 respec~:ive 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 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 matuxes 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 cost 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 tha City of the particular unit PROVIDED FURTHER that the City Attorney is hereby empowered to authorize payments of aaid 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 upon such completed and accepted unit shah 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 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 jur- isdiction, 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 collec- tion of said assessments VII. The total zimount assessed against the res})ect.ive parcels of abutting property and the owners thereof is in accordance with the proceedings of the Citv relating to said improvements and assessments thereof and is less than the proportion of the cost allowed and permitted by the law n i')rce rn the City VIII. Although the aforementioned c}larges have been fixed levied and assessed in the respective amounts hereinabove stated the City Council does hereby reserve unto itself 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 ci°edits, and will not do so if same would result in any equity and/oi• 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 ag•ariiat 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.~le certificates in the principal amount of the respective assessments less the amount of any re- spective credit allowed thereon shall be issued by the Citt of Fort 'L~'orth Tex<~is upon completion and accept anc•e b•v the Citt of the improvements in each unit of impro~ ement as t{,e wort, in such unit is completed and accepted which certificates shall be executed l)t the mat or in the name of the City and attested by the City Secretary with the torpor ate seal of the Cite impressed thereon ,urd ~hul1 be pat able to lire City of Fort Worth or its assigns anti shall declare the said amounts time and terra of pat meat rate of interest, and the date of the completion and acceptance of the improvements allotting upon auc h propert.v for which the certificate is issued and shall contain the name of the owner or .,wners rf hn+ ~+n dc~~c „ption of the property by lot and block number or front feet thereon or such other desc•ip ion as may c)tl erw isc rclentifv the same and if. the said property s{,all be owned by an estate then the description rt• ame as su uw ned shill be sufficient and no error or mistake in descril.)ircg ant propert ~ c r in o•it ina~ the mime of tl, ~~~ ner shall rm alidate or in am wise impair such certificate to the assessments let led The certificates shall prop ide al'>stantiallt i ,at rf sank shall nut ~,£~ paid pronrptlt upon maturity then thet h 11 be collet table with reasonable <ittorne~t s fees uul ,~ai. f ,~~~11~=c lion if ini•ai•i•od and shall provide substantiallt that the amounts eyrclenced therel,~ shall be l>aui to the A sessur and Collector of Taxes of the City of Fort G'v Dili 'Ce~.as who shall issue hi receipt there ur ~< hrc I half be ~t ideate of such payment on any demand for the same and the A sensor ~uxl (oliector ct Tame hal deposit he sums so rec•eited by him forth with with the Crt~ Treasurer to be kept and held b~ hinr rn ~, sepal rte f•iind anti when ant payment shall be made it the Citt the Assessor and Cc hector of 'faxes a .on uc h r err ific cte shall upon presentation to him of the certifcate bt the holder thereof endorse said pat areal th< ~e~,f If' uc•h cer•t fi<ate he assigned then the holder thereof shall l)e entitled to rec•ei~e from the (rte 1'~easurc~r the ani ~~u,t paid iiixm the presentation to him of such certificate so endorsed and credited and sorb end ,rsc~n c-nt .i ~i r lit h ll be the Treasurer s Warrant for making such pavrrient Such payments ht the '['r easu •e h ,ll !,c i c c ~ led f i the holder of such certificate in writing and by su •render thereof' when the pi•inc p<il t.> tl r ~<rtl ,<< ruec~i n te~rest and {1 costs of collection and reasonable <tttornei s fees if• incurred hate been p ird ur full Said certificates shall further recite substantially that tln l,i•ocee.hrigs ~~•ith reference to making the improvements hate been regularlt had in comphanc•e a ith the 1 << 1 cl tl it all ]>i'C'i•egw ilea to the fixing of the assessment lien against the property described in such car iiicate cncl ti,rr persona! liability of the owners thereof have been performed and such recitals sh<i{1 lie prima fiu•i e~ ick n !' I! ih nr fitters recited in uc•h certificates and no further proof thereof shill l.,e requn•ed m any court. Said certificates may have conpc,ns attached ti,ereto ur evi fen e c t eacl, >r any cat' fire several installments thereof or mat hay e coul)ons for each of tl,e first. i'oui insta{lments le:cvino~ the ma.ur certificate to serve for the fifth installment. which cou~)ons may be pat al.)le to the C tv of• Fort ';'4 orth ur it <rsargns may be. rgned with the facsimile signatures of the l~`layoi and (~itt Secretary -Said cei~tificatea 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 gray 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 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 110bb 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- ~~ 1~ APPROVED AS TO FORM AND LEGALITY City Attorney PROJECT NO 029-36651, HULEN STREET FROM OLD GRANBURY ROAD TO OAKMONT PARKWAY to be improved y constructing a seven-inch 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 Six-inch thick concrete driveways will be constructed where specified OWNER WEST SIDE BLOCK LOT ZONING FRONTAGE 2 Ind 84 Lumber Co 1 1900E Division St Arl ngton, Tx 760.1.1 c/o Mr Samuel Wylie Regional Mgr RATE AMOUNT SANTA FE SOUTHWEST INDUSTRIAL PARK 464 Pavement $45 80 $21 251 20 464' Curb 1 59 737 76 350 S F Driveway 2 95 1,032 50 464' ROW Preparation 6 30 2,923 20 464' Top soil & seeding 1 36 631 04 464' Guard rail 93 431 52 464' Traffic markers 80 371 20 ACCFCCMFNT $ 27 378 42 Santa Fe Land Tract 2 Improvement Co Ind Room 514 San ,a Fe Bldg 900 Polk South Vol 388-49 Amarillo Tx 79171 Page 93 J B McDERMETT SURVEY 964 36 Pavement $45 80 $44,167 69 884 36' Curb 1 59 1 406 13 964 36' Storm drain 52 17 50,310 66 964 36' ROW Preparation 6 30 6,075 47 964 36' Top soil & seeding 1 36 1,311 53 964 36' Guard rail 93 896 85 964 36' Traffic markers 80 771 49 Prepaid EAST SIDE Santa Fe Land Tract 2 Improvement Co Comm Room 514, Santa Fe Bldg 900 Polk South Vol 388-49 Amarillo Tx 79171 Page 93 705 03' Pavement $45 80 $32,290 37 655 03' Curb 1 59 1 041 50 705 03' Storm drain 52 17 36 78i 42 705 03' ROW Preparation 6 30 4 441 69 705 03' Top soil & seeding 1 36 958 84 705 03' Guard rail 93 655 68 705 03' Traffic markers 80 564 02 Prepaid $104 939 82 $ 76 733 52 -1- PROJECT NO 029-36651, HULEN STREET FROM OLD GRANBURY ROAD TO OAKMONT PARKWAY, cont BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT EAST SIDE SANTA FE SOUTHWEST INDUSTRIAL PARK Santa Fe Land 1 Improvement Co Room 514 Santa Fe Bldg 900 Polk South Amarillo Tx 79171 1 Comm 590 19' 590 19' 590 19' 590 19' 590 19' 590 19 590 19' Pavement Curb Storm drain ROW Preparation Top soil & seeding Guard rail Traffic markers $45 80 $27 030 70 1 59 938 40 52 17 30,790 21 6 30 3,718 20 1 36 802 66 93 548 88 80 472 15 $ 64 301 20 Prepaid Total cost to property owners (assessments $273,352 96 Total cost to City of Fort Worth $234 920 83 Total estimated construction cost $508 273 79 -2- ;'Mfr' `=~ ~./~~ 1N/ ~~ Il. ®U 1L D' V' ®// Q.S (V, ~~V.nL~1Ni.~ ~-g ~1 DATE I REFERENCE SUBJECT Benefit Hearing - Helen Street ~ I PAGE NUMBER ` Improvements, Cranbury Read to Oakm~snt ior~_ Parr On O,~tober 6 1981 (M&G~~-59337, the City Council declared the necessity for and ordered bhe impro~veme~a~.~ ~n Project No 029'-036--651-00 .described below ~ construction oontrao.t isas awarded to Metroplex Paving Company Tnc in the amount of $475 022'23 and November 3 1981, was set .as the. date .f or the benefit hearing the advent property owners were notified of the hearing by certified mail on October 19_, 1987.. Proiect Description Roadway ROW Street Liz~:%ta Width-Feet Width-Feet Helen Street Old G~eanbury Road to Oalkm~nt .P~irlcway 2-36' banes 120' wy28' Median Origin and .Background of Project On .November 4 ,968 (M&C C-1354) the City Council approved Community Facilities, Contract No 6190 with Santa Fe Land Improvement Company which provided for construction of a portion of the above described length of Helen Street as a~n interior street to I~ot 1, Block 1 Santa Fe Southwest Industrial Park Subse- quently on August 31, 1973 (M&C C-26207 the City Council approved an updated Community Fac~.lities Contract No 764° with Santa Fe Land Improvement Company providing for the same improvements as the earlier contract. and in August, 1975 Contract N© 7649 was amended to provide for the. adjustment ~rf water and sanitary sewer faciY~ties only The developer has since sold a portion of the land adjacent to the west. side of Helen Street, to 84 lumber Company and is now financially in a position to improv Helen Street The .project was advertised for bids with favorable results however a mutual agreement could not be reached with 84 Dumber C®mpany as to equitable costs fc~rt.improvements Un October 1.3, 1981 (M&C C-5952) the City Council approved ~ n~wv community facili~t:~~e:~~agreement wherein the developer has requested the City to .aw`a~d the contract for'the improvement of Helen Street on an assessment basis for an interior street and has deposited with the City the ful'1 developer's share of the oast whereas 84 l~nmber Company's normal share of cost will be ass~s~ed against their property Imprmvements This segment of Huhn Street will be improved as a double 36' wide, thoroughfare by construction oaf 7 .hick concrete pavement with superimposed concrete aurb a driveway approaches where specified Included is a cross-over for a future street: and turn lanes~,wh~~•e required Storm drainage facilities consist of a concrete culvert end 390' of pipe and appurtenances ~~ ~~,~, DATE REFERENCE SUBJECT Benefit Hearing - Hulen .Street PAGE NUMBER ~ Improvements, Cranbury Road 'to Oakmont ~_or~_ _ Cr5138 Par Santa Fa 8q~athweax:.Itid Park Assessments and Enhancements All of the adjacent property is zoned "Commercial" and "Industrial" The developer's cost is $245,974 54 for street and storm drain improvements 84 Lumber Company is being assessed $27,378 42 in accordance with standard policy Cost to the City, including engineering, is $234,920 83 Based on previous appraisals of similar property, considering the improved acres and drainage provided by continuous curb and gutter, it is the opinion of the Department of Transportation~Public Works that each parcel of property being assessed, will be enhanced in value by an amount equal to or more than the pro- posed assessment upon completion of the improvements Recommendation It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed GG plg Attachment APPROVED BY CITY COUNCIL NOU 3 1981 ~~~~ C1 ecxetary of the C of fort Wozth, Texas ADOPTED O~Q;~;~fANCE NO ~`~Co ~ SUBMITTED FOR THE CITY MANAGER'S D18POSITION BY COUNCIL: PROCESSED BY OFFICE BY: ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: CITY SECRETARY FOR ADDITIONgL INFORMATION CONTACT DATE