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HomeMy WebLinkAboutOrdinance 8369ORDINANCE NO.~~~-~- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_McCART_STREET _ __ 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 WNERS THEREOF PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND E 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 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 CITYs AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas, has heretofore ordered that each of the hereinafter described portions of streets, avenues and public .places in the City of Fort Worth, Texas, be improved by raising, grading, or filling same and by constructing thereon to-wit McCART STREET (EAST LANE) From south property line of Lot 1, Block 10, South Meadow Addition to 1 730' north known and designated as Project Nos 021-36b92 & 029-36592, aseven-inch th-'rck~~reinforced con- crete pavement on a six-inch thick lime sta- bilized subgrade with seven-inch high super- imposed concrete curb on a thirty-six foot traffic lane 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 APAf.-TEXAS, TNC_ 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 3une , 19_x, 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 _protested that -protested that that ,_ _--_~ ____ ____-__ _protested that __ _ ._._ __-.__protested that ____ ._..__.__ _.__._--. ___________protested that that protested that and said hearing was c°ontinued t~ 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'ull~ considered all 1)roper matter is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered BE I1' ORDAINED BY THE ('ITY COUNCIL OF THE CITY OF FORT WORTH TF:tA~, 'T'HAT I. tiaid hearing be and the same is herel)v closed and the said protest and objections, and any and all other 1)rotests and objections whethe-• herein enumerated or or not, be stnd the same are herel.)y overruled II. The 1. ity Council from the evidence finds that the assessments herern levred should be made and levied against the respective parcels of property alutting upon the Sald pcir'tlc)rlti of streets avenues and public places and against the owners ot• such propet•t~ and that such assessments and charges are right and proper and are substantially in ln•oportion to the benefits to the respective parcels oi' prol,ert~ by means of the improvements in the unit for which such assessments are levied and establrsh substantial justice and equality and uniformity between the respective owners of the respective in•operties and bettieen Atli parties concerned considering the benefits reserved ar)d 1)Ur(lei1S imposed and further finds that in each rase the abutting property assessed is sl)ecially I)enefited in enhanced value to the said l)rgpert~ b~ means of the said improvements rn the unit upon which the l)~trtiruhu• property abuts and fur tilire•h assessment rs levied 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- ment of the cost of the improvements is rn acc•ordanc•e ~tiith the law in force in this City and the proceedings of the Cit.t hE'1'etofOre had ~~ith reference to said rml)ro~ ~n,ents, and is rn all respects valid and regular III. 'There shall be and rs hereh~ levied and assessed ag:unst the parcels of l)ropert~ herein below mentioned and against the real and true owners thereof (~~hether such owners be c•orrectl~ named herein or not) the sums of money itemized be ow opi)osite the descriptu)n of the resl)ecti~e parcels oi• property and the several amounts assessed <rgainst the scone and the owner:: thereof as far as such owners su•e lmown being as follows l Wkiere 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 fog' its, her or his pro rata of the total assessment against sudh property in propor- tion as its his or her respective interest bears to the total itmership of such pro- perty, and its, his or Yespectve interest in such property may be released from the s:ssessmetiC Lien upon payment of such proportionate sum V The several stitnis above mentioned Arid assessed against the said parcels of pro- party, and -the owtf,ers thereof, and interest thereon at the rate of e3.ght percent ~~%) per annum, together with reasori,able attorney's fees and costs of collection; if ~:ttca,r~ed; are hereby dec~.ared to be ahd are trade s. lien upon the respective parcels of property a$ai~ist ~rh~.ch the same are assessed; and a persona]. liability and charge against the real and tt'ue owners of such property; whether such owners ?ari correctly ratted herc3.>f or not; .anal the. said liens shall be and constitute the first enforceable lien and cla.ta against the property on rahich such assessments ale levied, and shall be a firsk .and paramount lien thereon, superitir to all other liens and claims, except Mate, County, Schao~. district and city ad valorem tomes The suns so assessed against the abutting property and the owners tYiereof shall be Arid becoz~e due: aid parable as fo~:~.ows, 'toy-fait iri five (5) equal installments, due respectively on er before thirty (~C}) da}rs; otye (1) , two ('.2) ; three (3) , and four (4) years frditi the date of completion and acceptance of the impra~tements in the respective tint, anal the assossinertts against the proper-ty gbt~tti.ng upon. the remaining units shall be and booome due and payable in such installments after the date of the completion end acceptance o~ such respective utrits, and shall bear interest from said date at the rate of eight percent {_8%) per annum payable annually with each. installment except a's to the first nsta~.lt~eist, which aha11 be due and payable at the maturity thereof, so that upon the completion and acceptance of the improvements i.n a particular unit, assessments against the property abutting upon such completed, and accepted unit shall lie and become dua and payable in such installments and with interest from. the date of srich completion and acceptance provided, however that any owner shall have the right to ps.y the entire as5essrneiit or any installment thereof before maturity by payment of principal and accrued interest and provided further that if default shall be trade in the payment of pr.nc~.pal or interest promptly as the same matures, then the entire amount of the assessmen'~ upon which such default is made shall; at the option of said City of Fort Worth, ar its assigns, be and become immediately d'ue and payable, and shall be collectable, together with reasonable attorney's fees and cost of collection if in= carted PI20VIDED; however that acting through its duly auttiori~ed Director of Public Works the City of Fort Worth retaind the right to authorize paytterit of the sums assessed against abutting prope>ty upon each completed and accepted unit in not more than forty- eight (~$) equal regular monthly installments of not less than $9 00 each;. the first of such installirients tci be.Gbme due and payable not more than thirty (30) days after the completion and acceptance by the City of the particular unit ~ROVIDEb FtJ1tTHER, that the City Attorney is hereby empowered to authorize payments of Jaid sums of lesser in- stallments andlor over a Longer period of time in cases in which the Director of Public Works has previqusly determined that an eXtreme financial hardship upon the property owner mill otherwise result; and P~OVIbgD FURTHER; that such method of payments shall be authorized only in instances where the owner or owners of p~aperty abutting upon such completed and accepted unit shall have executed and delivered to the City of Fort Worth a lawful, valid end binding note and mechanic's and materialman's contract upon foams supplied by the pity granting ~ mechanic's lien upon and conveying the said abut- ting property in tirust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property VI if default s~al1. be made in the payment. of aay assessment, collection thereof shall be enforced Qithex by Che sale of the property ~y tl~e Assessor ahd Cpllector of Taxes of sed City ae near as peasibXe in the same msuu~r provided far tie sale of property for the non=pay~ent of ad valorem taxes or at the option of the City of ~oxt Worth, or its ensigns, payment of sei~ sums shall ~e eriforoed by suit 3n any Court of competent fur- iedictiori, or as provided in any mechanic's or materialman's Cghtract as aforesaid, and said City shall exercise all pf its lawful powers to aid in the enforcement and collec- t3dn of said assessments VII. The total amount assessed against the respective parcels o.f abutting property and the owners thereof is in accordance wrth the proceedings of the City relating to said improvements and assessments thereof and is less than the proportion of the cost allowed and permitted by the law n Torre rn the Citv 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 r'ighti to reduce the aforementioned assessments b~ 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 and/or un,lust discrimination The principal amount of each of the several assessment, certificates to be rssued the Crty of Fort Worth Texas as hereinafter provided, shat] be fixed and determined by c]educt.ing 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 evidenc•rng the several sums assessed against the respective l;arcels of abutting prop- erty and the owners thereof and the time and terms oi' payment and to aid rn the enforcement and collection thereof assignal.;le certificates in the princrpal amount of the respecti\ e assessments less the amount of any re- spective credit allowed thereon sh<ll] be issued l~v the City of Fort ~'l'orth Texas upon completion and accept ante by the ('its of the improvements in each unrt of impro\ement as the ~orh rn such unit is completed and accepted which certificates shall he executed by the nra\ur in t.lre r;anre u1• the Citv and attested by the City Secretary with the corporate seal of the City rn,pressed thereon .rnd hall t;e pa\ able to tiro City of Fort Worth or its assigns and shall de~lar•e the sard amounts trine and term ~t }la\ meat rate of interest and the date of the completion and acceptance of the rmprovemerts abuttrng a{run uch ln•uperty for whrch thN certificate is issued and shall contarn the name of the owner ur owners, rf l.n \\n dc~sc r rptrun of the property by lot and block number or front feet thereon or uci~r other descry ron as may otl ervvrse rdentrfv the same and if. the said in•opert~ shall be owned by an estate then the descriptrun of same as su owned shall be suflicrent and no error or mistake rn descril;ing ant propert \ c r rn gi\ ir.g the n~urre of thc~ r\\ ner shall rm alidate or in am wise impair such certrficate to the assessments le\ ied The certificates shall prov ide ubstantrally that rf sang. {ur}i nut b,~ paid prunrptly upon maturity then they h Il l;e caller gable with reasonable rttorne\ s fees urd c•o t rf roll's trop if rncurrc~d and shall provide substantrally that the amounts evrclenced there"hv shall Ire parii to the Assessor and Coliector• of Taxes of the City of Fort ~~ orth 'I'e~as who shall rssue his receipt there ur ~~ his 1 ~h ,ll t>e u\ rdenc•e of such payment on any demand for the same and the A sessur and Coliectur of Tape hai ciepusrt he sums so received by him forth with with the Crtv Treasurer to be l.ept <urd held by hint in i sc~par~rte i•r,nd and when anv payment shall be made it the ('rtv the A~sessur and Cc llec•tur of 'l'aces a ron uch r r~i,f"ic~,tc~ shill upor~ presentation to him of the certrfcate lr\ the bolder thereof enclur•se card pa\ ment the ~r•ot if uch cer i ficate he assrgned then the holder thereof shall he entrtled to rec•ei\ e fr um the C'rt\ Tr e~csurE~r the cn, r urt paid irtx>n the presentation to him of such certificate so endorsed and credited and such end rrsenrc nt r ~i , in sh ii Ise the Treasurer's Warrant for n"rakrrrg such pavn;ent such payments b\ the 'I'reasu •c hall t,f""~ ,~ c, terl t' r the bolder of such certificate in writrng and lrv su •render thereof when the ;n•urc pal t~~ tl ; vv-rth <rc c ruec~i interest and 11 cost, of collection and reasonable attorne\ s fees if' rncur•r•ec1 ha\e keen p ud in full Said certificates shall further recite substantiall\ that the prucec~chngs ~+•rth reference to making the improvements lrav~e been regularly had in compliance with the 1 ~~ r,~d tl ,i all ln~crequr rtes to the fixing of the assessment lien against the property descr•rl>ed ur such r~r riicate ,nd t.i,r"~ persona4 lrability of the owners thereof have i.>een performed and such rE~crtala shall be prrrrra facrc~ e\ r lE n ?' 11 tl~ m ,tiers r•ecrted in uch certificates, and no further proof thereof sl ail be required in anv rour•t Said certrficates ma\ have coupons attached they etc. ur e\ i lerr e of c~ac I, rr n\ of the su\ er a] installments thereof or mat harve coupons for each of the tryst- four installments le<ivinr~ tl,e mare certificate to serve for the fifth installment which coupons may 17e p.rv al.>le to the C tv c;f Fort ~~ urt h ur it assigns may be rgned with the facsimile srgn<rtures of the ;~'ta\or anc] City ~ecretar~ Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful powers, when requested so to do, to aid in the enforcement and collection thereof, and may contain recitals sub- stantially in accordance with the above and other additional recitals pertinent or appropriate thereof, and it shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of any of said units adjacent to any premises exempt from the lien of such assessments shall not in anywise invalidate, affect or impair the lien of such assessments upon other premises. X. Full power to make and levy reassessments and to correct mistakes, errors, invaliditiea or irregularities, either in the assessments or in the certificates issued in evidence thereof, is, in accordance with the law in force in this City vested in the City XI. All assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. XII. The assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve- ments or assessments in any other unit, and in making assessments and in holding said hearing the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the 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 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~day of 1~-~ APPROVED AS TO FORM AND LEGALITY ~i~___.---~ Clty Attorney PROJECT NOS 021-36592 & 029-36592, McCART STR~ET.(EAST LANE) FROM SOUTH PROPERTY LINE OF LOT 1, BLOCK 10, SOUTH MEADOW ADDITION TO 1, 30' NORTH, to be improved by constructing a seven-inch thick reinforced concrete pavemrnt on a six-inch thick lime stabilized subgrade with seven-inch high. superimposed concrete curb on one thirty-six foot traffic lane BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT EAST SIDE SOUTH MEADOW ADDITION Harfin Partnership 1 10 110' side lot adjusted to c/o James R Harris Res 100' Pavement $13 59 $1,359 00 P 0 Box 171 100' Curb 1 91 191 00 Fort Worth, Tx 76101 $1 55'0 00 Green Ridge intersects Harfin Partnership 30 8 110' side lot adjusted to c/o James R Harris Res 100' Pavement $13 59 $1 359 00 P 0 Box 171 100' Curb 1 91 191 00 Fort Worth Tx 76101 $1,550 00 Harfin Partnership 1 8 110' side lot adjusted to c/o James R Harris Res 100' Pavement $13 59 $1 359 00 P 0 Box 171 100' Curb 1 91 191 00 Fort Worth, Tx 76101 $1 550 00 Highlawn Terrace intersects Harfin Partnership 27 6 110 Side lot adjusted to c/o James R Harris Res 100' Pavement $13 59 $1,359 00 P 0 Box 171 100' Curb 1 91 191 00 Fort Worth Tx 76101 $1,550 00 Harfin Partnership 1 6 110' Side lot adjusted to c/o James R Harris Res 100' Pavement $13 59 $1 359 00 P 0 Box 171 100' Curb 1 91 191 00 Fort Worth, Tx 76101 $1 5~0 00 Meadowmoor intersects Harfin Partnership 24 5 110' side lot adjusted to c/o James R Harris Res 100' Pavement $13 59 $1,359 00 P 0 Box 171 100' Curb 1 91 191 00 Fort Worth Tx 76101 $1 550 00 -1- PROJECT NOS 021-36592 & 029-36592, McCART STREET '(EAST LANE ) cont BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT EAST SIDE SOUTH MEADOW ADDITION Harfin Partnership 1 c/o James R Harris P 0 Box 171 Fort Worth Tx 76101 South Meadow Drive intersects Fort Worth First Seventh Day Adventist Church 7051 McCart 76133 5 110' side lot adjusted to Res 100' Pavement $13 59 $1,359 00 100' Curb 1 91 191 00 $1 550 00 1 380' Pavement Res 380' Curb $13 59 $5,164 20 1 91 725 80 $5,890 00 SA & MG RAILROAD SURVEY James A Sammons Co Tr 3-D 370' Pavement $55 98 $20 712 60 c/o Fred Disney Comm 370' Curb 1 91 706 70 2630 W Freeway $21 419 30 Suite 218 Fart Worth, Tx 76102 Total cost to property owners (assessments) $ 38 159 30 Total cost to City of fort Worth $184 256 96 Total estimated construction cost $ 222,416 26 -2- ,. ~.- ity ®f' ~®r~ ~®~°~~,, ~exa~ 1Vlay®r and ~®a~n~a~ ~®~~,~an~~a~~®~ DATE REFERENCE SUBJECT Eenefit Hearing -° A~~GS.SIDl(?nt PAGE NuMeER Pavfng of McCart ~t~'eet fit. 6= -f81 G-5023 South Meadow Addit.iom~ 1 °f 1 On May 26 1981 (M&C C-5692) the City Ccuncil~d~~clared the necessity for and ordered the improveme~'its en Project I~os 021~036~.592-00 (Engineeiing) and 029-036-592-00 (Constructi.on) descri.ibed below A constgu~cticn ca~ntract was awarded to APAC-Teas Inc, in the amount a~f $202,865 66 and ~r~ne 23 1981 was set as the date for the Eenefit Nearing All of the adjacent property owners were notified of the hearing by certified mail on ~u.ne 5, .19811. Origin of P~°oj ect This project was initiated in conjunction with Ca~unity ]Facilities Contract No 11188, approved on July 22 1980 (M&C C-51~9,D, fir the development of Seth Meadow Addition This, segment of McCart Street is a b6rde~° street can the west side of the development Improvements Improvements will include the construction ~f a major thoroughfare concrete pa,d~e- ment with concrete curb on the eaet 36° wide lane a,f a future dounble 36® divided thoroughfare The west land will be construtcted at such time a~ future develop- ment c~c~urs Storm drain facilities will consist of 205 1L.ine:ar feet of pipe and appurtenances This segment of McCart Styeer~ ties i~t~ e~is,ting impro^~emexnts fro the. north Assessments and Enhancements All of the adjacent property, save one. parcel, ale devel~ap.er ~w$~~ed ze~a~ed "Resi- dea~tial" and will be assessed $15 50 per .front foot fir pave~aerst and curb The one tract is ~os~ed "E-R Commercial" and will be assessed $.52 89 per front foot for pavement and garb The, developer has deposited $36 320 with the City tee p~iy for the de~re~,;a,per e s street construction cost over-arnd abeve the normal residential assessment, in accordance with the City°s standard development pc~,L~,cy Based on grevia~us appraisals of like graperty, cor~~ideria~g the iffipre~ved access and storm drain facilities which include. the ~o~trolled drainage provided by the continuous curb and gutter, it iii tYae opine~~e~~r4h~,ic Works Engineering ,~ivisimn that each parcel of property will en,Y)~~~~es ~ ~~~~ by an amount e~r~,al to . or more than the proposed assessment Recommendation a~~ ~~ ~~~j Tt is reccammended that an ordinance be adopt > c=1o~i~;g ~~nefit hearing and ~-'" ~ w;~;~~evying the assessments as proposed Q-~+tJ ~ Ci ecretary of the c o:f JFoxt Wo~thi ~ex(Sq GC: 1 _ SUBMITTED FOR THE CITY MANAGER'S plgppSIT10N BY COUNCIL: PROCESSED BY OFFR;E BY: ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gary Santerr CITY SECRETARY FOR ADDITIONAL INFORMATION ~ ~.. D~a A A " ~ , d D /~ CONTACT Odel.~, Schmidt, East X805 r wd;, a ~ ~ ! DATE