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HomeMy WebLinkAboutOrdinance 8478ORDINANCE N0.~-7~ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_NORTH HOUSTON STREET _ AND PORTIONS OF SUNDRY OTHER STREETS, AVEPiUE~ AND PUBLIC IPLACES IN THE ('ITY OF FORT FORTH, TEXAS FIXING CHARGES A1~1D LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS T~IEREDF' PR®VID~NG FOR TIE COLLECTION OF SUCH ASSEBSIVIENTB AND THE-1SSUAI~CE ®F A~9IGNABLE ClEIBTIFH- GATES IN EVIDENCE THEREOF RESERVING UNTO THE CITY COUNCIL THIS RIGHT TO ALLOW CREDITS REDIIJCII~G TIE AMOUNT ®F THE RESPEC'1'~VE AS3I~SSNIENT T® THE EXTENT OF ANY, CREI~Ifi GRANTI~D ~bIRECTHNG TIDE QrI'II'Y SECRE'~,ARY ~°O T~I~ GROSS AND ENROLL THIS O&tIAIP1:~NCE EY CDi?'YING ~'I~E CAPTION Off' SA~2fE Il~t TIDE MINUTES OF THE CIT`l~ CC+'C'NCI~ OF FOR`I" WOIB~`I~, AID ~~~ FII.I[lY~ THE ~I~D~IA~CE IN THE ORDINANCE RECORDS OF SAYIA CITY s .~AiID ~ROVgI3IIVd~ ~~ EFFE~'I'VE IIA~'E. WHEREAS, the City oP Fort Worth, Texas, has heretofore ordered that each oi: the hereinafter described portions of streets, avenues and public .places In the City of Fort 'Worth, Texas, be improved by raising grading or tilling same and by constructing thereon to-wit NORTH HOUSTON STREET From NW25th Street to NW26th Street, known and de- signated as Project No 029-24298 a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a forty-foot roadway 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 Walt Williams ,Construction 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 25thday of November 19 81 ~ 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 ted that ___-_.._ __.__ _ _-__ _protested that _____ _.____ ___.__protested that _.__ .___. __.______-__protested that __ _protested that -________ _-__protested that and said hearing was c°ontinued to the present time in order to more fully accomplish the purposes thereof and all desiring to be heard were given full and fair opportunity to be heard and the City Council of the City having 1'ull~ considered all proper matter is of the opinion that the said hearing should be closed and assessments should be mtlde and levied as herein ordered BE IT ORDAINED BY THE ('ITY COtTN('IL OF THE CITY OF FORT WORTH TEXAS, 'THAT I. tiaid hearing I)e and the s~ime is hei•ehv closed and the said protest and objections and an,y and all other protests and objections whether herein enumerated or of not he and the same ~tre hereby overruled. II. The City Council from the evidence finds that the assessments herein levied 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 proper and are substantially in proportion to the benefits to the respective parcels of property by means of the improvements in the unit for which sorb assessments are levied and establish substantial justice and equality and uniformity I)etween the respective owners of• the respective properties and between all parties concerned considering the benefits received and bllydens imposed and further finds that in eaf h case the abutting property assessed is specially benefited in enhanced value to the said pl•opel ~ b~ means of the said improvements in the unit upon which the particular property abuts 2lTld fol' wIl]('ll assessment is levied and charge made in a sum in excess of the said assessment and f•harge made against the same In this ol'djnanf•e and further finds that the apportion- ment of Lhe cost of the improvements is in accordance with the law in force m this City and the proceedings of the Cit,~ IlE'1'E'tofol'e had ~~ith reference to aid impru~ 'I11C11ts• rend is in all respects valid and regular III ']'here shall be and lti hereby lei red and Assessed against the parcels of l.n•opert~ herein below mentioned and against the ~•eal and true owners thereof (whether such owners be rorrectl~ named herein or not) the sums of money itemired below opposite the desE ription of the respe(ti~ e parcels of property and the several amounts iltise~Sedtlg2ll11st the si1171e and the owilel's tllel'e()f ils fill ils su('ll owner's are l~nown beingc1S fOllowS IV' l~'here t~bre than dna person firm or cot'poxation. otans an interest in any property above desc~~:becl; each. said persdriy farm br corporation shall be personally liable only fog its, l;:~r oi~ hf:s pro rata of the td~al assessment against such property in propor- txon as its; his ox hex respective interest bears to the total. ownership of such pro- perty, and KGs hid ar respecti~re interest in such property may be released from the asSessirient li~ri upon payment of such proportionate sum V 'fl,e seveical sums above menti~aned anc assessed against the said parcels of pro- party, and the owners t~ierebf, aid int~?test thereon at the rate of eight percent ($%) per anYliiht, together wx.th ~ea~onable attorney's fees and costs of collection, i.f l.rt~urred, aye 'hexeby declared to ~ grid ire dada a Lien upon the respective parcels hf property againsti iahich t'he sates eke as~~~sed and a personal 1iab3.lity and charge against the i~ea1 and true owners of such p~aperty ~rliether such owners be correctly na~[ted heieel;n ot` not ~ aria the said ~.l.ans shal:~. be and Constitute the first enforceable l~:en aiid cla~.~i ~gairist the pri~perty on which aucl assessments are levied, and shall U a firfit and pat,ail't-ount lien the>~eon, suipar~.or to all. other liens and claims except State; Ccxirity; Seh~sa~l. ]Jistxict end ~~:ty a~ valorem tastes 1`he sums sa assessed against the abutting property and the owners thereof shall be and baco~.e due and payab~.e as fol]~owrs toy=~al.t in fa.~e (5) equal installments, due respeCti.vey on br before thirty ~.~~) days, tine (l); trio (2), three (3), and four (4) years frcii~ tie elate of ~bmpletion and acceptance of ttie improvements in the respective unit; aid tl~e asees~metitr aga~.na~ the prbpe~ty abutting upon the remaining units shall b~ and become die end payable in such xnst~S:l~nants affair the date of the completion and acceptar~~ of st~Cli respecti~re uriita arzd shall bear interest from said date at the rate of eight percent ~,$~) per annum; payable annually with each installment, except t~s to the first ~:nstal.letiit, wititrh shall be due acid payable at the maturity thereof s0 that upon the cottpl:et3ori and aCCeptce df the iinprtvements in a particular unit, assessments agaibst the property abutting upon such Co~pleeed and accepted unit shall be and beceit~e due arid; payable it such instal:linents, 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 ins~ta~.litient thereof, before maturity by payment of p~inc.pal and accrued interest, acid provided ,further that if default shall be made in the payment of pri~Cipal or interest promptly as the same matures then the entire amount of tYie asse~~~ner'iC upon which such default is ma~;e shall at the option of said a~:xy of Fort Worthy or 3:ts ass~t;gns, be and become immediately due and payable and shall be c6~.l,ectable; together with ~easonabl.e attorney's Ease a.nd cast of collection; if in- currecl, PTtO`~I171D howe~rar, that adting through its duly authorized Director of Public Wcirlcs the city bf I`a`rt 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- .., r eight (,4$) equal regular monthly installments of not ].ass than $9 00 each the first of such installments to bectitiie due and payable not more than thirty (30) days after the coinplet.ion and. acceptance by the City o£ the particular unit PROVIDED FURTHER that the City Attorney i~ 1~-ereby empowered tci authorize payments of said sums of. lesser in- stallments and/or over a longez period cif time in cases in which the Director of Public W'drks has ~ire'~3.~uB].y ~leteriti~ed that an e~treple financial hardship upon the property bw'ner wi~.~. dt:hsr~t~:se resui].t and. PR~VI`pEll ~'IjkTklE~; that such method of payments shall lac autYior~:~ed only in 3.riatances where the timer ~r ciwneYS o£ property abutting upon Such cdmp~eted end. aeeeptecl uniC Sha~.1 ha~re e~acuCed and deliver"ed to the City of_ Fort Worth a 1ati'fitil, va~:d a~4d bincl~:ng riche and ~iechai.c's and materialman's contract upon foams supp7.~.ed by the C~:ty grantih.g a mechah3.c's lien upon aril conveying the said abut- ~ng propef'.Cj~ in trust tci secure the psyment by Said. owner or oianers .according to the terms tl~er~o~ of ~~e suds assessed against such property VI ~~ default ~l'~a~Z lac riiade ~ri tl~ pi~y~ent bf any essessineut; co].].ection thereof shall be ~h~aresd ~~:~:hc~~ ~y t'h~ dale ~~' the p~raper~` ~~ the ,~sseSs4r axt~ Cnl~.ectciz of Takes of ~tii~l ~~tY a~ sax as ,p~ass~l~~.e ~'a t72~a ~e '~a~~ar prt~vidsd for Che sale of property for the xanWperea.~ ~-~ ~~ Valc~'etn t~~ta~, e~' aC ~h,i~ opt~:cin ,~~' the City of I{'o~t Wort=h, or its ags~.$xisf psyr~eht b~ sa~,d sums ~11a~,1~12a en~arae~ by suit ~ tiny court Qf competent fur- ~.sdic~3:an; ~r ati provic~ad in r~ny mc~cYian~:c' ~ cr meter3:a~,rnau's contract as aforesaid, and said C9:t~ shall eScerC.se till cif its ].awful: pct~~rs to aid iri the enforcement and collea- ~.: t.on of said astietisineritti i VII. The total amount assessed against the respective parcels of abutting pr•opert} 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{'once ]n the City VIII. Although the aforementioned charges have been fixed levred and assessed in the respectrve amounts hereinabove stated the City Council does hereby reserve unto itself t:he right to reduce the aforementioned assessments b~ allowing credits to certain property owners where deemed appropriate Notwrthstandrng the City Council has herein reserved the right to rssue credits it shall not be requn°ed to issue credits, and will not do so, if same would result in any equity and/or unjust discrimination The principal amount of each of the several assessment certificates to be rssued the Crty 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 agarnst the respective 1larcels of abutting prop- erty and the owners thereof and the trine and terms of payment and to aid in the enforcement and collection thereof assignal.~le certificates in the princrpal amount of tl?e respec•tr~ e assessments less the amount of any re- spective credit allowed thereon shall be issued by the City of Fort «orth Texas upon completion and accept ante by the City of the improvements in each unit of impro~ ement ~~~ tl?e nor 1. in such unit is completed and accepted which certificates shall be executed b~ the mayor rn 1.I,e Hanle of the City and attested by the City Secretar°v with the corporate seal of the City impressed thereon .?nd hall 1?e pat able to file Crty of Fort Worth or its assigns <uul shall deElar•e the said amounts time and terrn~ of },a~ meat rate of interest, and the date of the completion and acc•epiance of the improvements ahutting upc,n uc h property for which the certificate is issued and shall contain the name of the owner or :;wners ]f l.n ~~ n desc iptu?n of the property by lot and block number or front feet thereon or such other descip ion as may utl er~~lse rdentrfv the same and if. the said gropert~ shall be owned by an estate then the desci•iptiun :?f' ;antic as sc, u~~neil shall be sufficient and no error or mistake in describing am In•opert ~ c r ui gig ir,o• the Hanle c,f the u~~ Her shall ]m ahdate or in am wise impair such certificate to the assessments lei led 'Phe certificates shall prop rde (rbstantiall~ t uit ?f sanx. shall nut Ir'' pa1,1 prumptl~ upon maturity then thet. sh 11 be c.?llectal~le with reasonable utturne~ s fees uul c cr;t f c•ullx firm ,f in(°urred and shall provide substantially that the amounts eyr fenced there~l,~ shall be peal to the Assessul and Collector of Taxes of the City of Fort ~'~ oi•th Texas who slulil issrie hi receipt there ur ~~ hic 1 h ,11 1>e ~~ idence of such payment on any demand fur the ame and the Assessor and Coliecto? ul' Ta (:s ~1? ?l clepclsit he sunis so i•eceiyed by him forth with wlth the Citti Treasure? to be kept and held !?~ him rn , separ rte f•rlnd and ~tihen ant payment shall be made rr the ('rtt the Assessor and Cc liectoi of 'l'azes a ,on u(li c•el?i1i(ate shill „porn presentatron to him of the certificate b~ the holder tl?ere~f endi,r•se said payment ih( •('•,l' Ir uc I? (e,•t iicate 1>e assrgned then the holder thereof shall be entitled to rec•er~e from the (its '1'ieasurwr the an„ u?+ geld upon the presentation to him of such certificate so endorsed and credited and uc h end ,rsen c~nt .+ ~i 1 lit h it l1e the Treasurer's Warrant for making such pavnleni. Such payments b~ thc~ 'Treasure hall !,(• 1( c, terl f ? the holder of such c•ertifieate in writing and by su 'render thereof ~tihen the 1lrinc lrrl t 'tl ?• ~.~rth ,+, 1•uecl n?tc~rest and 11 costs of collection and r•easonahle attorney s fees if• ]ncurl•ed have been 1 aid in full Said certificates shall further recite substantially that the prrx°e(:+lrng Filth reference to making the impro~emenis have been reg'ular]ti had ui compliance «ith the l: ~~ 1r.cl tl ii all prrrequ?sites to the fixing of the assessment lien against the property descrrbed in su(h c~i iiic atE ,nd ? I, person~~l Ilahilit~ of the owners thereof have been performed and sac h recitals shall be pi•]n1a faclE~ e~ ]df n !• 11 tf~ rn ,tr ~r~ recited in uc•h certificates. and no further proof thereof sl?all be requn•ed m any ri>u?•t Said certificates mat have coupons attar l?ed ti,ereto ui e~ i len e of ear I1 ,i any of file see era] installments thereof or may h,i~e coulions for each of the hr t 1•our installnients leayrn~~ the ma?n c•e?•trfuate to serve for the fifth installment, ~yhich coupons may be pay able to the C t~ of Ful•t ~~'i urth ui ]t assigns may be igned with the facsimile signatures of the ;\'la~ of and City ~eci•etar~ 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 auflicient. The fact that such improvements may be omitted on any portion of any of said units adjacent to any premises exempt from the lien of such assessments shall not in anywise invalidate, affect or impair the lien of such assessments upon other premises. X. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof, is, in accordance with the law in force in this City vested in the City XI. All assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. XII. The assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve- ments or assessments in any other unit, and in making assessments and in holding said hearing the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the 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 Worth, Texas, and by filing the complete Ordinance in the appro- priate Ordinance Records of said City XV This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED this day of 19_--- APPROVED AS TO FORM AND LEGALITY City Attorney PROJECT NO 029-24298, NORTH HOUSTON STREET. FROM NW 25TH STREET TO NW 26TH ,STREET to be improved by constructing a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilize,d.subgrade with seven-inch high superimposed concrete curb on a forty=foot roadway Six-inch thick driveway approaches will be constructed where specified BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT WEST SIDE M G ECCIS ADDITION Thaine McVean & 1 thru 7 23 350' Pavement Emmett L Briggs Ind & Comm 350 Curb 529 Athenia Lane Fort Worth Tx 76114 Adjusted by Council Action to Sam H Lane Jr 8 thru 12 23 250' Pavement 1929 Berkley Plaee Ind 250' Curb 76110 561 S F Driveway $49 46 $17 311 00 1 64 574 00 .~71/ ,VVJ VV $ 5 250 00 $49 46 $12 365 00 1 64 410 00 2 70 1.514 70 .Y1T LVJ /V Adjusted by Council Action to NW 26th Street intersects EAST SIDE Carl H Zoretich 16-R 22 192' Pavement 508 Copher Ind 192' Curb Euless Tx 76039 Adjusted by Council Action to City of Fort Worth 17 thru 22 396' North Side Police 24 Sector Headquarters -0- Total cost to property owners (assessments) $13 394 70 Total cost to City of Fort Worth $77 376 38 Total estimated construction cost $90 771 08 $ 5 264 70 $49 46 $9 496 32 1 64 314 88 $9 811 20 $ 2 880 00 -1- pity ®~' .F~rt ~T~rt~,, ~"exas y Jayor and Coada~.cil ~ornm~,a.na.~cst~o~. DATE REFERENCE SUBJECT $enefii~_' Hearing. - North HOUStOn PAGE NUMBER Street from NW 25th to NW 26th. 1 1 24 81 G-5155 Streets aor On October 2,8 1981 (M&C C-5968) the City Council declared the necessity for and ordered the improvements on Project No 029-024-298-00 described below A construction contract was awarded to Walt Williams Construction Tnc in the amount of $79,623 75 and November 24 1981 was set as the date for the benefit hearing The three adjacent property owners were notified of the hearing by Certified mail on November 6 1981 Roadway ROW Street bimits Width-Peet Wide-Peet North Houston Street. NW 25th to NW 26th Streets 40 80 Orrin of Project On July 12 1979 (M&C 0-4230) the City Council adopted a resolution endorsing th Construction of i~he Nort'~aside Police Sector Headquarters and on November S 1980 (M&C C-5376) awarded a Contract for the construction of the facility On March 4 1981 (M&C G-4884) the Trans,portation~Public Works Director was authorised to prepare plans and specifications for the improvement of North Houston Street from 25th to 26th Streets adjacent, to the Po1~.Ce Facility Improvements This segment of North HC~uston Street will be imgroved• u ~° a.al-type Concrete pavement with concrete curb and ~onCrefe dr hes as indi- cated. on the plans No storm drain facilities are ,~` segment of the street t~OV 24 1981 Assessments and Enhancements Tn keeping with the City's standard assessment pavi o Bc~,.h all of the ~' ' '~'° ent rate - adjacent property being coned Commercial or ' .+cG:~ ~~~F `` based on the low bid on this project is $51 10 p i~~4~~ wf,t.x pavement and curb Due to the. location of the project and the use and depth (140' of the adjacent property an independent land appraiser was retained to assist the staff in making recommendations as to enhancement of adjacent properties resulting from the proposed street improvements The appraiser Mr William E Oswalk Real Estate Appraiser and Consultant Maas submitted his report which indicates an enhancement of $15 per front foot plus the cost of any required,~~'equested drive- ways The staff has e~camined the appraiser's report and discussed the report with the City band and Tam officials and s.gree with the report $oth amounts of normal assessment and enhancement abased on the appraiser°s repor;t., are indicated on the assessment ro11 for the City Council s cm~~~Rp~~,ANCE NO 8 g Recommendation Tt is recommended that an ordinance tae adopted. Closing the b~n~efit hearing and Jdev in the assess is base on the appraisal report or as the City Council may SUBMITTED FOR lMt CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ~ ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: ~a Santerre CITY 'SECRETARY FOR ADDITIONAL INFORMATION CONTACT Odell Schmidt East o 780. DATE