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HomeMy WebLinkAboutOrdinance 8299OBI3INANCE NO.-~-~-- ORDINANCE CLOBING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _. _ _ THOMAS PLACE AND PORTIONS OF BUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACE$ IN THE CITY OF FORT WORTH, TEXAB FIXING CHARGES AND LIENB AGAINST ABUTTING PROPERTY THEREON, AND AGAINBT THE OWNERB THEREOF PROVIDING FOR THE COLLECTION OF SUCH AS$E88MENT8 AND THE ISSUANCE OF ASSIGNABLE CERTIFI- CATEB 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 7'O EN GRO88 AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTEB OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDB OF SAID CITY s 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, Texaa, be improved by raising grading or filling same and by constructing thereon to-wit THOMAS PLACE From Pershing to E1 Campo known and designated as Project No 021-24293 a five-inch thick hot-mix asphaltic concrete pavement on a four-inch thick crushed stone base with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-foot roadway Six-inch thick concrete drive- ways 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 APAC-TEXAS, 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 17TH ,day of MARCH 19._SL_, 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. that ted that ted that __ _~T ~ __ __ ____~_ _protested that ____ _--.__protested that --- --- -- -.-.--- -----------Protested that that 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 Nc)Vb 'I'I[)±:I:I;FOP-L: I3E IT ORDAINED BY THE ('ITY CO[?N("IL OF THE CITY OF FORT WORTH TI•:SAS, THAT I. tiaid heru•inh• Ire and the same is hereby closed rind the said protest and objections, and any and all other Irrotests rind ob,ject.ions whether herein enumerated or o- not be alld tl?e same are hereby overruled. II. The (.-t~ (.ounc•il from the e~idenee finds that the assessments herein levied should be made and levied against the respec•ti~e lrarc•els of prupert~ abutting upon the said portions o#' 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 tlce respective parcels oi' property by means of the improvements in the unit for which such assessments are levied and establish substantial •lustice and equality and uniformity between the respective owners of the respecti~ e properties, and between all part-es concerned considering the benefits received and burdens imposed and further finds that in eac.•h case the abutting property assessed is specially benefited in enhanced value to the said property b~ means of the said improvements in the unit Capon which the Iru•tic•ulat propet~t~ abuts and for ~hic•h ass~~ssmet?t is levied and charge made in a sum in excess of the said •essessment rend charge made against the same b~ this ordinance and furthe- finds that the apportion ment of the E•ost of the improvements is in ac•curdanc•e ~ti-th the law in force in this City and the proceedings of the ("it.t heretofore had Stith reference to said tmpru~ ~n-ents and is in all respects valid and regular III There shall be and -, hereby let -ed and assessed against the parcels of property herein below mentioned and against the real curd true owners thereof («hethei such otiners be c•orrec•tl~ named herein or not) the sums of money itemised below opposite the desc riptwn of the respec tip e pru•c•els of property and the several amounts assessed against the same and the owners thereof as f~ti as such owners are l:nuwn I>eing as follows IV h~'here 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 proportion as its, his or her respective interest bears to the total ownei•slup of such property and its, Iris or respective interest in such property may be released from the assessment lien upon pay ment of such proportionate sum. V The several sums above mentioned and assessed against the said parcels of property and the owners thereof and interest thereon at the rate of six pei cent (6~) per annum, together with reasonable attorney's fees and costs of collection, if incurred, ar•e hereby declared to be and are made a lien upon the respective parcels of property .g.~inst 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 wl~iclr 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 (5) equal installments, due respectively on or before thirty (3U) 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 rernaining 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 six per cent (6 )per annum, payable annually with each install- ment, 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 coml.~leted and accepted unit shall be and become due and payable in such installments, and with interest from the date of sorb completion and acceptance Provided however that anv owner shall have the right to pay the entire assessment, or anv .installment thereof before matru•ity 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 the option of said City of Fort V4 orth 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 incurred PROVIDED however that acting through its duly authorized Director of Public V~ of la the City of Fort Worth retains the right to authorize payment of the sums assesecl against abutting property upon such completed and accepted unit in not more than forty-eight (4R) equal regular monthly installments of not less than $p 00 each the first of such installments to become due and payable not more than thirty (3(-) days after the completion and acceptance by the City of the particular unit PROVIDED FliRTHER that the City Attorney is hereby empowered to authorize payments of said sums of lesser installments and/or o~ er a longer period of time in cases in which the Director of Public ~t orks has previously determined that an extreme fin~incial hardship upon the property owner will otherwise result and PROVIDED FUI:THER that suc•Ii method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and ~iccepted unit shall have executed and delivered to the Cite of Fort ~~orth a lawful valid and binding note and mechanic s and materialman s contract upon forms supplied b~ the Cite granting a mechanic s lien upon and com eying the said abutting property in trust to secure the payment h~ said owner or owners according to the terms thereof of the sums assessed against such property ~I. If default shall be made in the payment of any assessment collection thereof shall he enforced either by the sale of the property by the Assessor and Collector of 'faxes of said City as near as possil,ile in the same man- ner provided for the sale of property for the non payment ~~f ad ~ alorem taties of at the option of the City of Fort Worth or its assigns, payment of said sums shall he enforced b~ suit in any court of competent jurisdic tion, or as provided in any mechanic s or materialman s c•ontiact as aforesaid and said City shall exercise all of its lawful powers to aid in the enforcement i.ind collection :>f said assessments VII. The total rtmount assessed against the resl.~ective parcels of abutting proper°ty 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 lrv the law n force 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 itself the right to reduce the aforementioned assessments b~ allowing credits to certain pt°operty owners where deemed appropriate Notwithstanding the City Council has herein reserved the right to issue credits it shall not lte required to issue credits and will not do so if same would result in any equity and/or• unjust discriminatx>n The principal amount of each of i:he 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 evrdenc•ing the several sums assessed against the respective p~u•cels of abutting prop- erty and the owners thereof and the time and terms of payment and to aid to the enforcement and collection thereof assignai.~le certificates in the principal amount of the respectr~ e ~rssessments less the amount of any re- spective credit allowed thereon shall be issued b~ the City of Fort ~~'orth Texas upon completion and accept ante by the Cite of the impro~enrents rn e~ich unit of intpro~ entent as tl~e wor h in such unit rs c•ompleted and accepted which cer~irficates shall be executed b~ the nra~or rn t.l~e nonce of the Crtv and attested by the City Secretary with the corporate seal of the Crt~ impressed thereon and h ill be }payable to fire Cite of Fort Worth or its assigns and shall declare the said amounts time and terra ui l,a~•ment rate of interest and the date of the completion and acceptance ~>f the improvements abutting ulrun uc h propert~~ for which the certificate is issued and shall c•untarn the name of the owner ur :,wner•s if lcn ~~ n dc~sc i iptrun of the property Ire, lot and block number or front feet thereon or such other desorption as may otl er~lrse identify the same and if the said property shall be owned by an estate then the description :~f• ~tnre as su uwneci shall be s~ftie'rent and no error or mistake in describing ant propert ~ or in gig in.g the nonce of the c ~~ net sh~:d1 rm alidate of in any wise impair such certificate to the assessments lei ied The c•erttficates shall provide ubstantrall~ t rat rf• sane. sV~all nut b,> paid pronrptl~ upon maturity then they sh 11 be c.,llec table with reasonable atturnf:~~ s fees tad ,•o•~t f ollac tom ~f incurred and shall provide substantrall~ that the amounts eyi lenced therel~~ shall be paid to th,~ Assessui and Collector of Taxes of the City of Fort ~ orth 'Cexas who sha}1 issue his receipt there m ~~ hrc I sh ill be ~~ rderrce of such p~~tyment on any demand fur the same and the Assessor .old Co}}ectrn of "T ryes hal depusrt he sums so received by }rim forth with with the Cit1 Treasurer to be ket~t and held I~~ hint in i separ ric_' 1•unrl and «lten ant payment shall be made it the City the Assessor and Cc liec•tur of 'Coxes a u,n uc h ~ er 1 ifioate shall i,porr presentation to him of the certificate b~ the holder thereof endc,rse said pat runt rho •e"i' l nc t~ cc,•t tic ate be assigned then the holder thereof shall be entitled to rerei~ e from the Crt~ Tt c~asur~r the car +~.ir,t p<rid upon the presentation to him of such certificate su endorsed and credited and uch end ,rsen c•nt .~ ~i r in h it Lie the Treasurer's Warrant for making such pavnrent. Such payments h~ the 'Treasure h,ll !,e ic.,c, ied f ~ the holder of such certificate in writing and Lw su •rendec thereof' ~~ hen the ,Trim trrl t tl r a.~ nth ~< < ~•ue,~l fiat{~rc~st. and 11 cost; of collection and reasonable <tttorne~ s fees if rncur•r•er} hat ~> been It ud rn full Said certificates shall further recite substantially that rho Inuceesbngs ~trth ~eferenee to making the improvements Itaye been t•eoulatlti had irr compliance ~~ith the I ~ rncl tl it all ~fnc•requr rtes to the fixing of the assessment hen against the property described rn sorb •c~t riicate urd the persun~,i liahilitt of the owners thereof have been performer} and such recitals shall I>e puma facie e~ iclc~n '' I1 ti1 nr ,ticrti recited ut uc•h certificates, and na further proof thereof shall be required rn any court Said certificates may have coupons attached ti,er~to ur e~ i lea e of ear 1i n an. of fire see er al installments thereof or may have coupons fur eaoh ut• tl~e f-first four installments leaping tiie main oertiCrcate to serve for the fifth installment which coupons may he pay able to the C' t~ of Fort ~'l urth ur rti assigns mat be. rgned with the facsimile signatures of the ;\'ia~ of and City Setretar~ 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 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 of c 19 APPROVED AS TO FORM AND LEGALITY City Attorney PROJECT NO 021-24293, THOMAS PLACE FROM PERSHING TO EL CAMPO to be improved by construct- ing a five-inch thick hot-mix asphaltic concrete pavement on a four-inch thick crushed stone base with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty- foot roadway Six-inch thick concrete driveways will be constructed where specified BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT WEST SIDE ARLINGTON HEIGHTS, FIRST FILING Lola H Winder 40 9 125 Side lot adjusted to 4202 Pershing Res 100' Pavement $7 87 $787 00 7.6107 100' Gutter only 3.82 382 00 $1,169 00 Alley 15' Marcus E Smith, Jr 1 9 125' Side lot adjusted to 4201 E1 Campo Res 100 Pavement $7 87 $787 00 76107 100' Curb & gutter 7 63 763 00 140 S F Driveway 2 97 415 80 $1 965 80 E1 Campo intersects EAST SIDE Calvin & Wilma Weir 20 10 125' Side lot adjusted to & Scott Richardson Res 100' Pavement $7 87 $787 00 4.137 E1 Campo 100' Curb & gutter 7 63 763 00 76107 194 S F Driveway 2 97 576 18 $2,126 18 Alley 15' Betty •G Cline 21 10 125' Side lot adjusted to 4136 Pershing Res 100 Pavement $7 87 $787 00 76107 100 Curb & gutter 7 63 763 00 $1 550 00 TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) $6,810 98 TOTAL COST TO CITY OF FORT WORTH $34,274 69 TOTAL ESTIMATED CONSTRUCTION COST $41,085 67 `~ fit ® 1F®rt ~W®~°~h ~"~.~~~ FILE ~ ~ ~ ~ ~L ~ERCH6R11 ./ V'll ~ IL.I/ ® U ~ll{i~~ ~j® lL1V 0 IV(t~~t~ ~®~~ lL~1V~ (t*/LLi4..~~~®~ -'~A4~cER SA N71~ JONES IShnl!/~1 DATE REFERENCE NUMBER SUBJECT Benefit Hearing - Assessment PAGE Paving of Thomas Place from 1 3 17 81 G-4900 Pershin to E1 Cam o lof On February 17 1981 (M&C C-5538) the City Council declared the necessity for and ordered the improvement of Thomas Place Project Nos 021-024-293-00 and 029-024-293-00 described below A construction contract was awarded to APAC- Texas Inc in the amount of $33 955 10 and March 17 1981 was set as the date for the benefit hearing All of the adjacent property owners were notified of the hearing by certified mail on February 27 1981 Street Limits Roadway-Width-Feet ROW-Width-Feet Thomas Place Pershing t® El Campo 30 60 Origin of Project This project was initiated by a paving petition signed by the owners of 75% of the adjacent property and was received in the Assessment Paving Office on April 11 1980 On May 13 1980 (M&C G-4537) the City Council authorized the Public Works Director to design the project and prepare plans and specifications for the advertisement of the project Improvements This segment of Thomas Place will be improved with residential type hot-mix asphaltic concrete pavement with concrete curb and gutter and driveway approache Concrete sidewalk will be constructed on the east side of the street to provide a safe pedestrian walkway for school children in the area No storm drain facilities are required since the grade of the street will be adjusted to provide adequate drainage Assessments and Enhancements In keeping with standard assessment paving policy all of the adjacent property (all zoned "Residential") is being assessed $15 50 per front foot for pavement and curb and gutter plus required driveway approaches Based on recent appraisals of like property considering the improved access and controlled drainage it is the opinion of the Public Works Engineering Division that all property will be enhanced in value in an amount equal to or more than the proposed assessment as a result of the street imprroivt ents ~ ~'RQ~/ E~~ >~~ Recommendation ~~~'"~`~4V~~{~ ~~ It is recommended that an ordinance be adopted closing the benef~i ring and l i ~ evy ng the assessments as proposed ~~~~ GG plg ~ ~ ~axset~ Attachment ; ` ~`` *,p ~ ~ ~ ~aK SUBIu11TTED FOR THE CITY MANAGER'S (fFFICE BY: DISPOSITION BY COUNCIL: PROCESSED BY ^ APPROVED ORIGINATING ~ DEPARTMENT HEAD: ~~~~ ^ OTHER (DESCRIBE) Ga Santerre ~~ CITY SECRETARY FOR ADDITIONAL INFORMATION - ~ 9 • CONTACT John Jones EXt . 7 913 / "~ " ~ DATE