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HomeMy WebLinkAboutOrdinance 8221,. ORDINANCE NO.-~-~ f ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_. _ CARNATI ON 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 OWNERS THEREOF PROVIDING FOR THE COLLECTION OF SUCH A$SE$$MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI- CATE$ IN EVIDENCE THEREOF RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY, CREDIT GRANTED DIRECTING THE CITY SECRETARY ~'0 EN GRO$$ 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 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, Texas, be improved by raising grading, or filling same and by constructing thereon to-wit CARNATION STREET From N Sylvania to 400' east known and designated as Project No 021-24295-00 a six-inch thick hot- mix asphaltic concrete pavement on a six-inch thick cement stabilized subgrade with seven-inch high con- crete curb and eighteen-inch wide concrete gutter on a thirty-six foot roadway Sa~xnch thick con- crete 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 Bob Moore & $ob 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 25th day of November 19 80 9 30 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 that __._ ______ _protested that ____ ___..-___..___~ _protested that ___. __ -__ .___ __.___.______protested that protested that __ _..._.~__-_________-___._____protested that and said hearing was continued 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 fully considered all proper matter is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered BE IT ORDAINED BY THE CITY COLTN('IL OF THE CITY OF FORT WORTH 7'F:~A~, THAT I. laid hearin~• be and the same is hereby closed and the said protest and ob,~ertions, and any and all other I,rotests and ob•ject.ions whether herein enumerated or o- not lre Snd t1rE' same are hereby overruled. II. 'l'he (. its Council from the ev-denc•e finds that the assessments herein levied should be made and levied against the respective l,arc•els 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 Lrenefits to the respective parcels ofi property by means of the improvements in the unit for wliirl- such assessments are levied and establish substantial justice and equality and uniformity between the respective owners of the respeE•tiye properties, and between all parties concerned considering the hE'n@fit5 received and burdens imposed and further finds that in each case the abutting property assessed is specially benefited in enh~ineed value to the said property b~ means of the said improvements in the unit upon which the p<u•tic•ul~u• property abuts and for ~ hirh assessmer?t is levied and charge made in a sum in excess of the sand assessment and charge made against the same b~ this ordinance <tnd further finds that the apportion- ment of the cost of the improvements is in accordance ~~ith the law in force in this City and the proceedings of the <'it.~ heretofore had with reference to said imirro~ ~nunt.s and is in all respects valid and regular III There shell he and is hereby lei red anti assessed agaurst the parcels of Ln•opert~ herein below mentioned surd against the real and true owners thereof (~tihethe- such o~ners be c•orrectlr named herein or not) the sums of money itemi-red below oplrosite the description of the respective parcels .of property and the several amounts assessed against: the sane and the owner, thereof acs f.u as suE•h owners are known being as follows PROJECT NO 021-24295-00, CARNATION STREET FROM N SYLVANIA TO 400' EAST, to be improved by constructing a six-inch. thick hot-mix asphaltic concrete pavement on a six-inch thick cement stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide con- crete gutter on a thirty-six foot roadway Six-inch thick concrete driveways will be con- structed where specified BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE R T EVANS ADDITION City of Fort Worth 4-A 2 245' -0- City of Fort Worth 3-A 2 150' -O- SOUTH SIDE DREXEC ADDITION J C Llewellyn 3537 W 7th 76107 Mrs Mattie Wilson 2700 Carnation 76111 J C Llewellyn 3537 W 7th 76107 Mrs Thelma Melton 2620 Carnation 76111 Allean Johnson 2907 Carnation 76111 Clarence L Batts 2610 Carnation 76111 4 20' Curb & gutter Res 5 Res 6 Res 7 Res 8 Res $8 53 $170 60 50' Existing facilities 50' Curb & gutter 74 S F Driveway 50 Curb & gutter 74 S F Driveway 50 Curb & gutter 74 S F Driveway J B YORK SURVEY E50N125 Tr 5 50' Curb & gutter Res 74 S F Driveway $8 53 $426 50 3 71 274 54 $8"53~ $426. 50 3 71 274 54 $8 53 $426 50 3 71 274 54 $8 53 $426 50 3 71 .274 54 $ 170 60 -0- $ 701 04 $ 70104 $ 701 04 $ 701 04 -1- PROJECT NO 021=-24295-00, CARNATION STREET FROM N SYLVANIA TO 400' EAST, coot BLOCK OWNER LOT ZONING FRONTAGE SOUTH. SIDE J B YORK SURVEY Fort Worth Flooring W136N125 Tr 5 125 Pavement Supply Inc Comm 125' Curb & gutter 1612 N Sylvania 426 S F Driveway 76111 RATE AMOUNT ASSESSMENT $22 74 $2 842 50 8 53 1 066 25 3 71 1 580 46 $5 489 21 Total cost to property owners (assessments) $ 8,463 97 Total cost to City of Fort Worth $43 405 15 Total estimated construction cost $51 869 12 -2- IV ~~'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 ~•ata of the total assessment against such property in proportion as its, his or her respective interest bears to the total ownej•siiip of such property and its, his 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 per cent (6~~) 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 .g.linst 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 tiie 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 (5) equal installments, due respectively on or before thirty (3U) days, one (1) two ('L) 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 six per cent (6 )per annum payable annually with each install ment, except as to the first installment, which shall be due and pavabie 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 sorb 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 ln•ompth 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 VC o~ la the City of Furt Worth retains the right to authorize payment of the sums assesed against abutting property upon such completed and accepted unit in not more than forty--eight (-1R) equal regular monthly installments of not less than $9 q0 each the first of such installments to become due and payable not more than thirty (3U) days after the completion and acceptance by the City of the particular unit. PPOVIDED FtiRTHEP~ 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 ~~ of ks has previously determined that an extreme linancial hardship upon tl~e property owner will otherwise result and PROVIDED FURTHER that suc•I~ method of payment shall he authorized only in instances where the owner or owners of property abutting upon such completed and <<ccepted unit shall have executed and delivered to the City of Fort ~'~ orth a lawful ~ alid and binding note and mechanics and materialman s contract upon forms supplied b~ the City granting a mec•hanic• s lien upon and cony eying the said abutting property in trust to secure the payment in said owner or owners according to the teems thereof of the sums assessed against such property ~I. If default shall hF made in the payment of any assessment collection thereof shall be enforced either by the sale of the property b~ the Assessor and Collector of 'l'azes of said C'it~ as near as possil_~le in the same man- ner provided for the sale of property for the non p<cyment of ad ~ alorem taxes u at tl,e option of the City of Fort Worth or its assigns, payment of said sums shall l,e enforced l.n suit cn 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 icnd collection of said assessments. 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 b}~ the law n force rn the City VIII. Although the aforementioned charges have been fixed levied 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 Notwrthsta.nding the City Council has herein reserved the right to issue credits it shall not be required to issue credrts, and will not do so, if same would result in any equity and/or unjust discriminatron The principal amount of each of i:he several assessment, certrficates to be issued the City of Fort Worth Texas as hereinafter provided shall be fixed and detez•mined 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 evrdencing the several sums assessed agarnst the respective parcels of abutting prop- erty and the ow•ner•s thereof and the time and te>•ms oi' payment and to aid in the enforcement and collection thereof assignable certificates in the principal amount of the reshectn e assessments less the amount of any re- spective credit allowed thereon shall be issued 1>~ the City of Fort «or th Texas upon completion and accept ante by the Cite of the impro~-enrent.s rn each trait of improvement as the wort. in such unit rs completed and accepted which certificates shall be executed b~ the nra~ur rn tl~e name ul' the Citv and attested by t}re City Secretary with the corporate seal of the Crty rnrpressed thereon rncl hall be pat able to fire City of Fort Worth or its assigns and shall declare t he said amounts trine and terror cif jr<r~ meat rate of interest, and the date of the completron and acceptance of the improvements abutting upon uc h prupert~ for which tl~e certificate is issued and shall cuntarn the name of the owner or :~,wners rf l~n ~~ n clc>sc r rptron of the property by lot and block number or front feet thereon or such other des~iption as mar utl erwrse rdentifv the same and if the said l7ropert~ shall be owned by an estate then the descriptron of an~rc~ as su uwneii shall be sufl'ic•rent and no error or mistake rn describing ant propert ~ ur rn gr~ ir.o• the Hance of thc~ ,~+ Her sharli im alydate or in am wise impair such certificate to the assessments let led The certificates shall prop rde ubstantiall~ that rt• sanrc. shall nut hc~ ham prunrptl~ upon maturity then they sh Il be c~rllectal,le with reasonable attor•ne~ s fees urcl ~ r:t ~f ~ ull ~c fora rf• incurred and shall provide substantially that the amounts eyr lensed therel~~ shall be yard to thc~ Assessor and Collects r of Taxes of the City of Fort ~'~or•th '1'etas who shall i sue hi receipt them ur ~~hrc~lr sh rll be ~~rdenc•e of such payment on any demand fur the same and the assessor and ('oliector of "['axes hall dc>pusrt. he ums so reserved by him forth with with the Crt~ Treasurer to be kept ,uu-1 held b~ hrm rn <~ separ rte fund ar~d ~4hen any payment shall be made it the C'it~ the Assessor and C.c 1}ector of 'faxes u;x~n uc h ~ er! ills rte shall upor~ presentation to him of the c•ertrficate b~ the holder thereof end rrse card pay meat the •e ri' fl uc h cer•i ii<ate l~~e asst~•ned then the holder thereof shall l.re entitled to rec•er~e from the (rte Trc<rsurc~~r the rnr rinr+ paid neon the presentation to him of such c•ertifieate so endorsed and credited and uc•h end >rsen c nt _r ~i r slit sh it he the Treasurer s Warrant for making such payment. Such payments h~ the 'I'reasu •e h rll irf.~ rc c~ fed f~ r the holder of such certificate in wrrting and by str •re.nder thereof' when the ,rein pal t tl ~ s~rth << rue~~i i~ntc~~rest and 11 coats of collection and reasonable attorney s fees r1' uuurred have been p ud in full Said certificates shall further recrte substanturll~ that the pr•ocec:dings ~rrth reference to making the improvements have been regularly had in compliance with the 1 ~ ind tl it all prc~requi rtes to the fixing of the assessment lien agarnst the property desc rrl.,ed in such car! riic <rte rn I t.~ie hersun>rl liability of the owners thereof have been performed and such recitals shall I,e puma fade e~ i lc n 1' I! tli nr rtit~r•~ recrted ur uch certificates, and no further proof thereof shall be requn•ed in any court. Said certrficates may hay e coupons Zttac bed flier etc rn e~ rrlen e of t~ac h tic any ut' the see eral installments thereof or may h~r~ e cool-roes for ear li of tlic: first. four rnst::rllments le<<vinr~ the main cer tificate to serve for the fifth installment which coupons rnav be pay al.~le to the C t~ of Fort ti1~ crrth ur rt <rssrgns may I,rc igned with the facsimile signatures of the ;\~layor and 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 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~~ 19 a~.~ APPROVED AS TO FORM AND LEGALITY ~~ ~ ~~ City Attorney J~ l9'''°~ ~~ty of 1F®a°t ~®~°th, ~C~.~a~ DATE REFERENCE SUBJECTBeneflt Hearing - Assessment PAGE NUMBER p wing of Carnation Street from Sylvania 11/25/80 G-4777 E st 400 Feet iof 2 On October 28 1980 (M&C C-5360) the City Council declared the necessity for and ordered the improvements on Carnation Street Project No 021-024-295-00, described below A construction contract was awarded to Bob Moore and Bob Moore Inc in the amount of $42 170 02 and November 25 1980 was set as the date for the Benefit Hearing All of the adjacent property owners were notified of the hearing by certified mail on November 7 1980 Project Description Roadway R 0 W Street Limits Width-Feet Width-Feet Carnation Sylvania Avenue 36 56 Street East 400-feet Origin of Project On September 25 1979 (M&C C-4810) the City Council awarded a contract to Cain Brodgon & Cain Inc for the construction of Fire Stati-on No 19 at 2613 Carnation Street On January 8 1980 (M&C G-4426) the City Council authorized the Public Works Director to design and. advertise the improvement of Carnation Street to provide paved facilities to accommodate the new fire station Improvements This segment of Carnation Street will be improved with residential type hot-mix asphaltic concrete pavement with concrete curb and gutter and driveway ap- proaches The street will be constructed 36 feet wide to serve the fire equip- ment and still provide safety to the residences and business opposite the fire station The only drainage work required is the enlarging of a storm drain inlet at Sylvania Avenue Assessments and Enhancements In keeping with standard policy residentially zoned property is being assessed $15 50 per front foot for pavement curb and gutter plus required driveway approaches Property zoned other than residential (one tract zoned commercial) is being assessed $31 27 per front foot for pavement curb and gutter plus driveway approaches The commercially zoned tract is located on the south side of the street at Sylvania Avenue The business on the tract has a loading area facing Carnation Street In order not to impair its operation the riew street will be widened on the north side on City property and will actually be further away from the building than the existing street DArE REFERENCE NUMDER SUBJECT Benef.i.t. Hearing - lassessment PAGE ll/2S/30 G-4777 paving of Carnat9.on Street frain Sylvani 2 2 East 40 0 Feet of ]3ased on previous appraisals of l:ihe property the improved access, and contain-- mein cf storm water within the street it is the opinion of the Public Works I~i.2-ector that each parcel of propert y being assessed will. be enhanced in value by an amount equal to or greater than the amount of the proposed assessment tZecommendatiori l.t i recommended that an ordinance be adopted closing the Benefit Hearing and levying the assessments as proposed GG jb A r ta.chmen t 7'he owr2ers of Lots 4 thraugl~ $ of the 17re~e1 Addition, and Che owner of Lat F5dN125, Tract 5, cif tixe J 13 Y©rk Survey., will be assessed only for curb end gutter The owner of Lot W1362d125 Tract 5 of the J A Yarlc Survey, tai11 be charged the full assessment as proposed r N; ~ .'k {~ ~ type»3.~ 6:.~P ~ ~~ y9 {{ ggqq@@ ,} ~.'' N ~5 k~ ~ ~ R3~ "aw ~~ ~~ i kxa ~.6t •3:., 1Ci SUF3MIr7FD FOR THE r+IrY MANAGf.12'S , ~~ al l lrr fiY _ /a ._s.~- L~~ M iYiSl'USIr10(V 4iY CallNCiL', I~'~ API°"Rt3VC;!) ` f•`RaCE55FD -IY ORIGINATING tlEPARTMENT HEAD: Cary ~~7yn ~ T' ~ ! p„k f~~C~t'hS~ (DESCRIFIE~. ....,.~ ,~ ~ i. .f'" E6rre ~~ _'"/y ~'"J~ t C17'Y SECRETARY FQR ADDIrIpNAL -1JFgRMATfdN ~~~ ~$d,~~ NdT~ C()(VrACr CJdE~..a. Sctlm:i,dt C3Xt~ .7845 DATA 1 ~~. z .. ',~, . i:. i#. 1 ~ 'g 1~~i3,'~ii' t~,r ~t