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HomeMy WebLinkAboutOrdinance 8374ORDINANCE NO. ~~ ~~? ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__. CARV.~.~RT_VE 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- CATES IN EVIDENCE THEREOF 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$S 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 oP Fort Worth, Texas, be improved by raising grading, or Oiling same and by constructing thereon to-wit t CARVER DRIVE From Prevost Street to Merrick Street, known and designated as Project No 021-24290, afive-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 twenty-eight foot road- way 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 Sob Moore &, Bob Moore, 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~day of Jul.y , 19 81 7'.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 bed that that _protested that ted that _ _protested that __ _ __._ __.__protested that - ------- ---- ----- --- .--- -----------protested that __. _ __ __ _urotested that _____ _.__J.-________-___.___protested that and said hearing was continued to the present time in order to more fully accomplish the pw•poses thereof and all desiring to be heard were given full and fair oppot•tunity to be heard and the City Council of the City having 1'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 or•der•ed ti()V1 'I'T[I~:T:I:F()T'.I•: 13E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TF:~;A~, 'THAT I. tiaid hearing be and the same is hereby closed and the said protest and ob•~ections, and any and all other protests and objections whether herein enumerated or or not, be and the same are hereby overruled. II. The l.it~ Council from the evtdenc•e finds that the assessments herein levied should be made and levied against the respec•t-ve harc•els of property abutting upon the said portwns of streets avenues and public places and against the owners of such property and that such assessments and ch~rrges are right and proper and are substantially in proportion to the benefits to the respective parcels of property h~ means of the improvements in the unit for whit h such assessments are levied and establish substantial ;lustiee and equality and uniformity between the respective owners of the 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 property b~ means of the said improvements in the unit upon which the particular prohert~ abuts and for which .rssessment. is levied and charge made in a sum in excess pf 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 in ac•rordanc•e wtth the law in force in this City and the proceedings of the ('it.~ heretofore had with reference to saki impro~ ~nrents and is in all respects valid and regular III 'There shrill be and is hereby lei red anti assessed agaitrst the parcels of property herein below mentioned and against the real and true owners thereof (~Sllf!tllel such owners Ire correctly named herein or not) the sums of money itemi-red below opposite the desorption of• the respec U~ e parcels ot• property and the several amounts assessed against the carne and the owners thereof as f,rr as such owners are known being as follows 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 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 Tlie 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 b~ 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 (S) equal installments, due respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4) year"s from the date of completion and acceptance of the improvements in the respective unit, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of eight percent (_8%) per annum, payable annually with each installment, except as to the first installment, which sha1.1 be due and payable at the maturity thereof, so that upon the completion and acceptance of the improvements in a particulax unit, assessments agaizzst the property abutting upon such completed and accepted unit shall be and became 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 prow-ided further that if default shall be made in the payment of principal or interest promptly as the same matures then the entire amount of the assessment upon which such 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 the City of the particular unit PROVIDED FURTHER that the City Attorney is hereby empowered to authorize payments of laid sums of lesser in- stallments and/or aver 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 shall. 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 2f default shall be made in the payment of any assessment, Collection thereof shall be enforced either by the sale of tt~e property by the Assessor and Cpllectar of Taxes ~f said City as near as possible in the same manner prov~d~d fox 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 amount assessed against the respective parcels of abuttrng property and the owner thereof rs in accordance with 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 i'~t•ce rn the 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 rtself 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 lie requir°ed to issue credits and will not do so if same would result in any equity and f oz• un,l ust discrimination The principal amount of each of the several assessment certificates to be issued the City of Fort Wortih 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 evidenc•rng the several sums assessed against the respective parcels of abutting prop- erty and the owners thereof and the time and terms ot• payment and to aid in the enforcement and collection thereof assignable certificates in the principal amount of the respecU~ e assessments less the amount of any re- spective credit allowed thereon shall be issued 1>y the City of Fort «orth Texas upon completion and accept ante by the Cite of the impro~-enrents rn each unit of rmpro~ enzc:nt ~~~ the woi 1. in such unit rs c•ornpleted and accepted which certificates shall be executed b~ the mayor rn iJ~,e name of the City and attested by tyre City Secretary with the corporate seal of the City in~,pressed thereon and h,rll lze payable to tiie Crty of Fort Worth or its assigns and shall declare the said amounts time and terrn~ of l,a~ ment rate of interest and the date of the completion and acceptance of the improvements abuttrng- upon uc h property for which the certificate is issued and shall contain the name of the owner or owner's tf l.n ~~ n desc r iptron of the property lay lot and block number or i'i•ont feet thereon or such other descip con as may utl er~ti rse rdentrfv the same and if the said proper•t~ shall be owned by an estate then the description ,!• same as s., uwneil shall be sufiicrent and no error or mistake in describing any ln•opert~ c r rn g•r~ ing• the name of tl,c:~ oi~ ner sh ~zil rm alid~rte or in ant wise impair such certificate to the assessments lured 'Phe certificates shall pru~ rde sulstantrall~ that rf sanx shall nut t>+~ paid prvmptl~ upon maturity then they sh 11 be c~',llec table ~ ith reasonable <rtturne~ s fees uul c o•a ,f roll >c tron , f incurred and shall provide substantially that the amounts eyr lensed thereby shall be par l to the Assessor and Collector of Taxes of the City of Fort ~~ orth 'I'e~as who shall issue hi r•ec•eipt th re or t~ hit 1 h ,)1 lie e~ idence of such payment on any demand for the same, and the A lessor and Collector of Tanta h tl depusrt he sums so received by him forth with with the (`its Treasurer to be kept ;uu] held I,~ him rn ,. separate 1•und anti ~~ hen any payment shall be made it the City the Assessor and Cc liestor of '1'a~es a ,on uc I~ r et'rticate shall r,pon presentation to him of the c•ertriicate b~ the holder then eof endur•se s~ucl pay ment the •eof 1 f uc it c err f,c ate be assigned then the holder thereof shall be entitled to rec•er~e from the C'rt~ Tzeasuret the an„ nr± p.tid upon the pr°esentation to him of such certificate so endorsed and credited and such end ,rsen ~ nt .t ~i r lit h it Ize the Treasurer's Warrant for making such pavrr,ent Such payments h~ the'I'reasurr- hall I,e ,~ c, teal f the holder of such certificate in wi•ztzng and I.,v stt •render thereof' when the l,rrnc pal t ~tl ,~ ~.~,i{i ,c c rued ir;tc~rest and 11 cost; of collection and reasonable attorney s fees r1' incurred have been I ucl rn full Said certificates shall further recite subst<ultiall~ that tht proceedings ~~•rth reference to making the improvements have been z•eg•ulaz1ti had in compliance ~~ith the 1 ~ ~t,ul tl ,t all prr~requi ices to the fixing of the assessment lien against the prol,ei•ty described rn such cr•r iiicate end r ~,e person>,i irabrlit~ of the owners thereof have been performed and such recitals shall I>e prirrur facie e~ r k nc !• it tii rn ,hers recited in uch certificates. and no further proof thereof shall be requn•ed in <in~ c•i,ur•t Said certificates may haye c•uupvns attached tier eta in e~ i 'ten eof teat h ,r any c>t' the several rnstallments thereof or may hate coulaons for each of the first four rnstallments leap ing thc~ main c•ertiticate to serve for the fifth installment. which coupons may be pat al,le to the r tt of Furt ~~ orth ut rt assigns may 1ze igned with the facsimile signatures of the ~'ia~or and City 9ecretarv Said ce~~tificates shall further recite that the City of Fort Worth, Texas shall exercise all of ita 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 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 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 o~ ____ _ ___ 1~a ~ APPROVED AS TO FORM AND LEGALITY ~~ City Attorney PROJECT NO 021-024-290-00, CARVER DRIVE FROM PREVOST STREET TO MERRICK STREET, to be improved 6y constructing a five-inch thick hot-mix asphalti°c concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a twenty-eight foot roadway Six-inch thick concrete driveways will be constructed where t specified BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE HARLEM HILLS ADDITION Pearlie Mae King 1 2 50' Pavement $7 65 $382 50 5821 Kilpatrick Res 50' Curb & gutter 7 85 392 50 76107 116 S F Driveway 3 13 363 08 $1 138 08 Odessa Newman 2 thru 10 2 461' Pavement $7 65 $3 526 65 5800 Bonnell ~F 451' .Curb & gutter 7 85 3 540 35 76107 $7,067 00 & Albert & Allene Jones 5151 Winesanker Way 76133 SOUTH SIDE Owner Moore & Dobkins Co 9 & 10 13 111' Pavement $7 65 $849 15 Summit Bldg Suite 9 Res 101' Curb & gutter 7 85 792 85 1500 W 5th 76107 116 S F Driveway 3 13 363 08 $2,005 08 Purchaser Rufus Miller 5617 Humbert 76107 Owner Moore & Dobkins Co 7 & 8 13 100' Pavement $7 65 $765 00 Summit Bldg Suite 9 Res 100' Curb & gutter 7 85 785 00 1500 W 5th 76107 116 S F Driveway 3 13 363 08 $1,913 08 Purchaser James E Collins 5025 Goodman 76107 -1- PROJECT N0. 021-024-290-00, CARVER DRIVE, cont BLOCK OWNER LOT ZONING FRONTAGE SOUTH SIDE Owner Moore & Dobkins Co 3 thru 6 13 Summit Bldg Suite 9 Res 7610,a Purchaser Robert Bell 5303 Libbey 76107 RATE AMOUNT ASSESSMENT HARLEM HILLS ADDITION 200' Pavement $7 65 $1,530 00 200' Curb & gutter 7 85 1,570 00 232 S F Driveway 3 13 726 16 $3,826 16 Herbert Jackson 1 & 2 13 100' Pavement 5409 Carver Res 100' Curb & gutter ?Gi07 TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) TOTAL COST TO CITY OF FORT WORTH TOTAL ESTIMATED CONSTRUCTION COST $7 65 $765 00 7 85 785 00 $1 550 00 $17,499 40 $79,374 59 $96,873 99 -2- - .,~-., ~~' LL pity ®~' ~®~°~ ~®~°~~, ~e.~~s ~`ayor and ~oun~~.l ~oan~a.un~,~at~,on DATE REFERENCE SUBJECT Benefit Hearing - Assessment PAGE NUMBER Paving of Carver Drive from 1 7 7 81 G-50.38 Prevost Street to Merrick St for On June. 9 1981 (M&C C-5718) the City Council declared the necessity for and ordered the improvements on Project Nos 021-024-290-00 (Engineering) and 029-024-290-00 (Construction) as described below A canstruct;ion contract was awarded to Bob Moore & Bob Moore; Inc. , in the amount mf $83,512x06 and July 7, 1981; was set as the date far the benefit hearing All of the adjacent property owners were notified of the hearing by certified mail on June 22 1981 Roadway ROW Street Limits Width-Feet Width-Feet Carver Drive Prevost Street to Merrick Street 28 50 Origin of Project This project was initiated by a paving petition signed by the owners of 60% of the adjacent land and received in the Assessment Paving Office on October 7, 1979 On December 11; 1979 (M&C G-4399), the Director of Public Works was authorized to design the pro,~ect and await Capital Improvement funds for construction ®~~""`-- ~aune 3, 1980 (M&C C-512:5) ,- an -engineering cont.ra~~t was awarded to Wier-Brit.tai~a Inc , far the design and preparation of plans ar~d specific.atio~x~ & Assoc~.ates , for the project Improvements ImprG~vements will include the construction of residential-type pavement with concrete curb and gutter and driveway approaches Storm drain improvements consist of 491 L F of concrete pipe, inlets concrete chaxanel liner and other required appurtenances Assessments and Enha4n~ements All of the adjacent property is zoned 'Residential'' and "Community Facilities' (churches etc ) and are being assessed $15 50 per front foot for pavement curb ~~~~~~~ and gutter plus the cost of requested driveway approaches ~~ 77 a d id i th j ~ ~ lik n ss er ng ~ : _p e property, cons Based on previous appraisals of drainage facilities it is the opinion of the `Transgorta~trion~Public Works Engineering Division that each adjacent parcel will enhance in ~ue~ by~a~ amount equal to or more than the proposed assessment ~~ Recommendation ~' o~E t e Ci. ~P Y ~ 4 ~9:E~1i e - A~ ~~ C It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as oposed SUBMITTED FOR THE CITY MANAGER'S DISP08lTION ,BY COUNCIL: PROCESSED BY OFFICE BY: ~~„~®° Q APPROVED ORIGINATING Q OTHER (DESCRIBE) DEPARTMENT HEAD: Gar Santerre CITY RETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt East 78 D~~~n(~[ No 'V [ t1` D TE