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HomeMy WebLinkAboutOrdinance 8398ORDINANCE NO. $ 3 9 g ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__1.ONfS.IR.AId ~RTVF _ _ 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 SiTCH 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 E1V'ROLL 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 LONGSTRAW DRIVE, UNIT I From North Riverside Drive to Wayfarer Trail, known and designated as Project No 021-36601 a six-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-foot roadway 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. Austin Road .Company 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. 18th day of Au~USt 19 8~, x,0.00 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 that ted that -- --------__-- __-_-_ _protested that __ -___..________..____.__protested that -- ------- ---- ---- -- ---_--- -----------protested that protested that protested that and said hearing wr1S cOntlnued to the present time in order to mo~•e fully accgmplish the pur•hoses thereof and all desiring to be herU•d 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 made and levied as herein or•der•ed ~OVb '1'I[)i:I:I:FOP-)E: I3E IT ORDAINED BY THE CITY COLTN('IL OF THE CITY O)F' FORT WORTH TI':~iAti, 'THAT I. laid hearing be and the same is hereby closed rrnd the said protest and c)b,lections, and any and all other I)rotests rrnd objections whether herein enumerated or of not be rind the same are hereby overruled. II. The City Council t•rom the evidence finds that the assessments h,ereln levied should be made and levied against the respective parcels of property abutting upon the said portii)ns of streets, avenues and public places rrnd against the owners of• such prolaer't~ <rnd tint such assessments and charges are right and proper and are substantially in proportion to the benefits to the respective parcels oi' property by means of the improvements in the unit for whit h such assessments ru•e ley ied and establish substantial •tustiee and edualit,y and uniformite between the respective owners ot• the respective properties and between all parties concerned, considering the benefits received and burdens imposed and further finds that in each rase the abutting property assessed is specially benefited in enhanced ~xlue to the said 1)rnpert~ by means of the said improvements in the unit upon which the particular property abuts rllld fUl' Nh1CI) assessment is levied and charge made in a sum in excess of the said. •rssessment and charge nutde against the same b~ this ordinance curd further finds that the appo~•tion meat of the cost of the improvements is in acc•ordanc•e ~ti~th the law in force in this City and the proceedings of the ('its heretofore had with reference to grid lmpro~ ~ments, and is In all respects valid and regular III There shall be and is hereby lei ied and assessed against the parcels of L)ropert~ herein l)elow mentioned and against the real and true o~ Hers thereof (oti hetbei such oti nei be e•orrec•tl~ framed herein or not) the sums of money itemlred be'ow opposite the description of the respective parcels of property and the several amounts assessed against the sairre and the owner thereof as fro as suc•Ir otiners are I:nown being as follows VII. The total amount assessed against the respective parcels of abutting property and the owner; thereof is 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 force rn th<~ 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 itself t:he right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate Notwiti,standing the City Council has herein reserved the right to issue credits it shall not be recluir°ed to issue credrts, 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 certrficates 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 Counci] as a credit against the respective assessments IX. For the purpose of evidencing the several sums assessed against the respective parcels of abutting prop- erty and the owners thereof and the time and terms of payment and to aid in the enforcement and collection thereof assignable certificates in the principal amount of the respective assessments less the amount of any re- spective credit allowed thereon shall be issued by the City of Fort ~'l crib Texas upon completion and accept ante by the Crt~ of the impro~-errrent.s in each unit of rmpro~eme.nt as the wort, in such unit is completed and accepted whuh ceriificates shall be executed b~ the ma~ur in the r;anre oi' the Crtv and attested by the City Secretary with the corporate seal of the City rnipressed thereon urd hall lie payable to the City- of Fort Worth or its assigns anti shall declare the said amounts time and term o1• l,a~ mer,t rate of interest and the date of the completion and ac•eeptance of the im~pro~ emerts abuttutg~ upon such property for whiel°~ the certificate is issued and shall contarn the name of the owner of :,wners rf l.n ~i n dust , iptiun of the property by lot and block number or front feet thereon or such other descip eon as may oil er•~~rse identify the same and if the said proper•t~ shall be owned by an estate then the description of anre as so waned shall be sufficient and no error or mistake in desci•ilring am propert ~ c r in gia ir.g the name of tl,c' ,» nei shall rm alidate or in am•wise impair such certificate to the assessments lea led The certrficates shall prop ide ubstantialia that rf same. shall not I,r~ paid pronrptla upon maturity then they h Il 1>e c~rllec table ~ ith reasonable attorney s fees arul r-~ t .f t~ull~~< tic+n rf inc°urred and shall provide substantralla that the am;iunts eyi ienc•ed tier•el,a hall he yard to the Assessor end Collector of Taxes of the Citr• of Fort w orth 'fe~as who shall issue hi i eceipt therefor a hrc•1 hall be ~~ rdence of such payment on any demand for the same anti the Assessor and Collector of 'T ryes hal deposit ie ums so received by him forth with with the Cita Treasurer to be kept ;end held b~ hint in i separate 1'rrnd anti aahen any payment shall be made it the Cita the A3sessor and Cc Hector of 'faxes a um ut h c~rti(-mute shall neon liresentation to him of the c•ertrficate ba the holder ther eof enciurse sa,d pay nrent the •eut If' n< h cer•t ti<ate be assigned then the holder thereof shall I,re c;ntrtled to receiae from the Crt~ Treasurer the an,>,nr± paid upot, the pi°esentation to him of such certificate so endorsed and credited and such end ,rsen,cnt r 1 r lit h it be the Treasurer's Warrant for making such payrr,ent such payments h~ the Treasure h ,11 l,c' r c~c E, tent ft i the holder of such certificate in writing and Lrv str •rendei thereof aahen the print pa} t., tl r ,,„tl, ,c c rue.1 it tr~rest find 11 costs of collection and reasonable attorney s fees ri' inc urretl has e been bard rn foli Said certificates shall further recite substantially thai tli~ procee,lnrgs aiith reference to making the improvements have been regularly had rn coml,hance yaith the 1 << uul tl ,i all prcreclui rtes to the fixing of the assessment lien agarnst the prol,ei•ty descrrl,ed rn such •t•r ificate tncl r ire personal b_tbilita of the owners thereof have been performed and sttc•h recitals shall lee prrrrra fat rt~ e" It n '' ll i ii m ctt rs recited rn uc•h certificates and no further proof' thereof shall be r•egtnrud in any court. Said certificates rriaa have coupons attar]red ti,ereto uy e~rlence cf t•ach ,r any of the seyeia] installmetrts thereof or may h~ra e coulxms for eat h oi• the fu•st four rnstallments leayrn~~ the maim c•er tificat.e to serge for the fifth installment ~~ hich coupons rnav be p:ra able to the C ty oi' Fort t'l orth or it <rssigns may be igned with the facsimile signatures of the ;~~layor anti 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 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 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 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 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 19 a ~ APPROVED AS TO FORM AND LEGALITY ~~ City Attorney PROJECT NO 021-36601, LONGSTRAW DRIVE, UNIT I, FROM NORTH RIVERSIDE DRIVE TO WAYFARER TRAIL, to be improved by constructing a six-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-foot roadway BLOCK OWNER LOT ZONING NORTH SIDE Cambridge Realty 22 93 Development Corp Res 4950 Westgrove Suite 120 Dallas Tx 75248 Cambridge Realty 21 93 Development Corp Res 4950 Westgrove Suite 120 Dallas, Tx 75248 Cambridge Realty 20 93 Development Corp Res 4950 Westgrove, Suite 120 Dallas, Tx 75248 Cambridge Realty 19 93 Development Corp Res 4950 Westgrove, Suite 120 .Dallas Tx 75248 Cambridge Realty 18 93 Development Corp Res 4950 Westgrove Suite 120 Dallas, Tx 75248 Cambridge Realty 17 93 Development Corp Res 4950 Westgrove Suite 120 Dallas, Tx 75248 FRONTAGE RATE AMOUNT ASSESSMENT SUMMERFIELDS ADDITION, PHASE VI, SECTION I 65' Pavement $9 69 $629 85 65' Curb & gutter 5 81 377 65 $1,007 50 62' Pavement $9 69 $600 78 62' Curb & gutter 5 81 360 22 $ 961 00 62' Pavement $9 69 $600 78 62' Curb & gutter 5 81 360 22 $ 961 00 62' Pavement $9 69 $600 78 62' Curb & gutter 5 81 360 22 $ 961 00 62' Pavement $9 69 $600 78 62' Curb & gutter 5 81 360 22 $ 961 00 62' Pavement $9 69 $600 78 62' Curb & gutter 5 81 360 22 $ 961 00 -1- PROJECT NO 021-36601, LONGSTRAW DRIVE, UNIT I, FROM RIVERSIDE DRIVE TO WAYFARER TRAIL, cont BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE SUMMERFIELDS ADDITION, PHASE VI, SECTION I Cambridge Realty 16 93 62' Pavement $9 69 $600 78 Development Corp Res 62' Curb & gutter 5 81 360 22 4950 Westgrove, Suite 120 $ 961 00 Dallas, Tx 75248 Cambridge Realty 15 93 Development Corp Res 4950 Westgrove Suite 120 Dallas, Tx 75248 Cambridge Realty 14 93 Development Corp Res 4950 Westgrove Suite 120 Dallas, Tx 75248 Cambridge Realty 13 93 Development Corp Res 4950 Westgrove Suite 120 Dallas Tx 75248 62' Pavement $9 69 $600 78 62' Curb & gutter 5 81 360 22 62' Pavement $9 69 $600 78 62' Curb & gutter 5 81 360 22 62' Pavement $9 69 $600 78 62' Curb & gutter 5 81 360 22 $ 961 00 $ 961 00 $ 961 00 Cambridge Realty 12 93 Development Corp Res 4950 Westgrove Suite 120 Dallas, Tx 75248 SOUTH SIDE 70 41' Pavement $9 69 $682 27 70 41 Curb & gutter 5 81 409 08 W W THOMPSON SURVEY $1,091 35 Mrs Mae Wakeman, et ux Tract 1-C 428' Pavement $9 69 $4 147 32 4509 Knowledge Dr Res 428' Curb & gutter 5 81 2 486 68 Fort Worth, Tx 76117 $6,634 00 -2- '1 PROJECT NO 021-36601, CONGSTRAW DRIVE,, UNIT I, FROM NORTH RIVERSIDE DRIVE TO WAYFARER TRAIL, cont OWNER SOUTH SIDE BLOCK LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT L W Wakeman et ux 4509 Knowledge Drive Fort Worth, Tx 76117 W W THOMPSON SURVEY Tract 1-B 324' Pavement Res 324' Curb & gutter $9 69 $3,139 56 5 81 1 882 44 Total cost to property owners (assessments) $22 403 85 Total cost to City of Fort Worth $36 789 69 Total estimated construction cost $59 193 54 -3- tV Where more than one person, firm ~~ corporation. owns an interest in any property above described each said person f~~ii 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 respectivei~terest bears to the total ownership of such pro- petty, 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 pfo- 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 co]~.ection, if incurred, are hereby declared to be and are made a lien upon the xespective 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 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 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 matures then the entire amount of the assessment upon which such default is made shall at th.e 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 said 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 w-i-11 otherwise result; and P~tpVIDED FURTHER that such method of payments shall be authorized only in instances whar'e the owner or owners of property abutting upon such completed and accepted unit s~dll have executed and delivered to tYfe 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 I£ 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 'faxes 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 Foxt Worth, or its assigns, payment of said sums sha1~, be enforced by suit in any court of competent ~ur- 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 pity ®~' ~®~°~ ~®~°~~, ~Ce.~~~ 11~layor and Co~a.~n~al ~o~.m,un~~ata.on DATE REFERENCE SUBJECT Benef~.t Hearing - Assessment PAGE NUMBER paving of Lcngstraw Drive - Summerfields ]- 8%18/81 G-5076 ddition, Phase VI, Section T 1 of On July 2,1 1981 (M&C C-5784) the City Council declared the necessity for and ordered the improvements on Project Nos 021-036-601-00 (Engineering) and 029-036-601-00 (Construction), described below A construction contract was awarded to Austin Road Company in the amount of $54 306 and August 18, 1981 was set as the date for "the benefit hearing All of the adjacent property owners we~ee notified of the hearing by certified mail on July 31, 1981 Psoject Description Roadway ROW St~•eet Limits Width-Feet Width-Feet Lordgstraw Drive Riverside Drive east to Wayfarer 40 60 Trail Origin of Project This project was initiated in conjunction with Community Facilities Contract No 11523 approved November 5, 1980 (M&C C-5372), for the development of Summerfield Addition Phase VI Section I Longstraw Drive is a border street along the abov limits of the development Improvements Improvements will include the construction of collector grade pavement with concrete curb and gutter on a 40' wide roadway No storm drain facilities are g~equired in this segment of the roadway other than continuous curb and. gutter to contain street surface water Assessments and Enhancements _ All, of the adjacent property is zoned "Residential" and is being assessed $15 50 per front foot for pavement, curb and gutter In addition the developer has deposited $11,450 with the City for his construction cost over and above the residential assessment for his lots on the north side of the street Based on previous appraisals of like property considering the improved access and drainage facilities provided by continuous sorb and gutter it is the opinion of the Transportation/Public Works Engineering Division that each adjacent~~pa'rcel will enhance in value by an amount equal to or more than the proposed assessment Recommendation APPROVED 8Y~ It is recommended that an ordinance be ado ted clo t ~,t hea~rin and 1~ g p ~~ ~ V U levying the assessments as proposed GG plg ~"II~ ~$ 198f~1 ~R~ of tha gr SUBMITTED FOR THE wg ,// ~~nn OISPOSI~IO~I~~1tgCO~~C)L~~a~ A P/tOCESSED BY nFFICE BY:GER'S ^ APPROVED ORIfiINATING ® ~ DEPARTMENT NEAO: ^ OTHER (DESCRIBE) .Gar Santerre I 1 CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT del C mldt Ext 7$05 GATE