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HomeMy WebLinkAboutOrdinance 8231ORDINANCE NO.-.~ .3 ~ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _, Fossi 1 Creek Boulevard 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- GATES 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 TO EN GROSS 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 fltling same and by constructing thereon to-wit FOSSIL CREEK BOULEVARD PHASE I From Interstate 35W to North Beach Street, known and designated as Project No 021-36526-00 a seven-inch thick reinforced concrete pavement on an eight-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on two twenty-six foot traffic lanes 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 ~ L Bertram ,Construction & Engineering, Lnc 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-~h.day of~~cember , 19_$Q__, 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 ted that _ protested that. that that ted that _ _»_`-~___ __-__ _protested that ________.._.______...____-.__protested that __ _.-...___. _______.__protested that that _.._~_._-_.________.____protested that and said hearing was continued to the present time in order° to mare 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 1>e made and levied as herein ordered BE IT ORDAINED BY THE CITY COL?N('IL nF THE CITY OF FORT WORTH TEXAS, 'THAT I. Said hearing• be and the same is her•ebv closed and the said protest and objections, and any and all other protests and ob•ject.ic>ns, whether herein enumerated or or• not, be ilnd t1rE' same ~u•e hereby overruled. II. The City Council i'rum the evidence finds that the assessments herein levied should be made and levied against the respective I~arcels of prupert~ xbutiing upon the said portrons 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 oi' property by means of the improvements in the unit for which such assessments ~u•e levied and establish srtbstxniral •fustice and equality and uniformitt between the respective owners ot• the respecti~ e properties and between gill 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 partic•ul<u• property abuts xnd for which assessment is levied and charge made in a sum in excess of the said assessment and charge made against the s.rme I>~ this o-•dinanc•e xnd further finds that the apportion ment of the cost of the improvements is in accordance with the law in force in this Crty and the proceedings of the ('it.~ heretofore had wrth reference to said rmpro~ ~nurnts and is in all respects valid and regular III 'There ahr-Il be and rs hereby lei ied and assessed rrgarnst the parcels of property herern below mentroned quid xg<rinst the real xnd true owners thereof (whether such owners be c•orrec•tl~ named herein or not) the sums of money itemied below opposite the descriptu>n of the respective p-u•c•els ot• property and the several amounts assessed against the same and the owner. thereof trs far as such owners are l:nuwn 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 o£ the total assessment against such property in proportion as its his. or her respective interest in such property may be released from the assess- ment lien upon payment of such proportionate sum V The several sums above mentioned and assessed against the said parcels of property and the owners thereof and interest 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 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 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 eight (.8) equal installments due respectively on or before thirty (30) days one (1) two (2) three (3) four (4), five (5), six (6), and seven (7) years from the date of completion and acceptance of the im- provements in the respective unit, and shall bear interest from said date at the rate of six per cent (6%) per annum payable annually with each installment except as to the first installment which shall be due and payable at the maturity thereof Further as develop- ment occurs the assessments for the portion of the street adjacent to the property being developed will be due prior to the issuance of a building permit 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 the gption of said City of Fort Worth., or its assigns ~~ 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 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 au.thorize~payments of said sums of lesser installments 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 will otherwise result and PROVIDED FURTHER that such method of payments shall be author- ized 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 abutting 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 If 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 Taxes 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 Fort Worth or its assigns u payment of said sums .shall be enforced by suit in or as provided in any mechanic's or materialman's shall exercise all. of its lawful powers to aid in assessments VII. any spurt p~ cp~~etent. ,j;ursdi.ctipn contract as ~~oresd.id and said City the enforcement and collection of said 1'he total amount assessed against the respectrve parcels of abutting property and the owner thereof rs in accordance with the proceedings of the City relating to said improvemc?nts and assessments thereof and is less than the proportion of the cost allowed and permitted by 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 property owners where deemed appropriate. Notwithstanding the City Council has herein reserved the right to issue credits it shall not be required to issue credits, and will not do so if same would result in any equity and/or unjust discrimrnation The principal amount of each of the 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 eyidenerng the several sums assessed against the respectrve parcels of abutting prop- erty and the owners thereof and the trine and terms of payment <rnd to and in the enforcement and collection thereof assignable certificates in the principal amount of fire respecti~ e assessments less the amount of any re- spective credit allowed thereon shall be issued I)~~ the City of Fort ~Vor th Texas upon completion and accept ance by the Cite of the impro~-en]ents m each umt of impro~en]ent as the wall. in such unit is completed and accepted which certificates shall be executed by the ma~ur rn t.l]e Hanle vt• the City and attested by tl]e Crty Secretary with the corporate seal of the Cite infpressed thereon urd h Ill 1)e 1]ataWe to file City of Fort Worth or its assigns and shtlll declare the said amounts tune and terms u1' 1)a~ meat rate of interest and the date of the completion and aceeptanc•e i)f the in]pro~ements abuttrng upon uc'h property for which the certificate is 1SSUed Rnd Shall COntaln t11P Hanle of the Owt]er' ,11' Owilel'S It hI] ~1I1 (1PSC f 11)tll)n Of t11P. pl'OI)E?rt1' 1)y lOt ~lnd blOCk number or i'ront feet thereon of such other clescip roil as n]a~ utl er•wise identify the same and if the said property sl]all I>e owned by an estate then the desc•riptrun of sane as ~, uw ned sh<lll be suHicrent and no error or mistake in descril.]n]g am prol>ert ~ or in o•ryir.o" the name of th,' ,~~ Her shrlli ul~ alidate or in any wise impair such certificate to the assessments lei rerl The certificates shall prop ide ul)stantiall~ i tat if santc. steal! nut ~)c' paid ln•onrptl~ upon mattn'ity then they sh Il be c ,llec 1.a1)le w"ltll reasonable <Ittorne~ s fees utd c r;i ,f roll ~c t fun i f inern•red and shall provide substantially that the amounts e~ i fenced therel)~ shall he 1)ard to thf' Assessor and Collector of Taxes of the City of Fort ~~orth 'T'exas who shall issue hi 1'ecelpt there or a hfc h h Ill be ~~"idence of such payment on any demand fur the same and the Assessor u]d ("uliectur ut Taxc?s h 11 depusrt he unrs so reserved by him forth with with the Crt~ Treasurer to I>e l:el,t zlnd held I)~ term in ~ separ~rte f•tlnd and when ails payment shall be made it the City the Assessor and Cc liector of 'faxes a ,un uc h rertrtic ItP shall neon presentation to him of the c•ertriicate 1>~ the holder thereof enclurse said pay ntent rtes •e~rf It uc It pert t-irate be assinne.d then the holder thereof shall be entitled to rec•ei~ e from the (`rte 'T'i easurc~i the uu ~nt± pawl upon the presentation to him of such certificate so endorsed and n•edrted and such erul >rsen ,-nt 1 ~i r in sh 11 I)e the Treasurer s Warrant for n]aking such payment. Such payments h~ the 'freasu •e h<,11 !)r' f( ct fed fr r the holder of such certificate in writing and by su 'render thereof' when the 1]rrn, lr<a t )~~~ tl i e~tth „~ rued introrest: and 11 costs of collection and reasonable attorney s fees if utcurred have I)een p lid fn full Said certificates shall further recite substantially that the In•uree,hngs ~~•rth reference to making the improvements have been re~•ularlti had in con]plianc•e ~aiUl the 1 ~~ af~cl tl ii 1!1 prc•requr rtes to the fixing of the assessment lien an<linst the property desu•rbed in such ,'rirtic~lte ut,l i lie person,ri hahilrt~ of the owners thereof have been performe(1 and sus h rentals shall l>e prima fans' e~ fclc. n 1• Il f h rn fti ('rs recited rn uc•h certificates. and no further proof thereof shall be requn'ed in any c•i)urt Said certificates may have coupons atiac•hed tl,eretu in e~ uicrtc e c f c~ac if n any of fire see era] installments thereof or may hay e coul)ons fc)r each ,~f the first four rnstallments ieavin~ the morn cel'ti(irate to serve for the fifth installment which coupons may be pat able to the C t~ of Fort ~~~ orth or it assigns may 1>e rgned with the facsimile sihnatures of the ;\'Tavor and (',rt~• ~ecretar~ r,. t~ -~: 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 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 ~~~~~-~+-- 19 v ~ APPROVED AS TO FORM AND LEGALITY Clty Attorney PROJECT NO 021-36526-00, FOSSIL CREEK BOULEVARD PHASE I, FROM INTERSTATE 35W TO NORTH BEACH STREET, to be improved by constructing a seven-inch thick reinforced concrete pavement on an eight-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on two twenty-six foot traffic lanes BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE J A WALKER SURVEY Woodbine Development Tract 1 735 54' Pavement & curb $57 43 $42,242 06 Corp Ind 735 54' Storm drain 24 98 18,373 79 3200 1st Nat'l Bank Bldg 735 54' Street lights 2 27 1 669 68 Dallas TX 75202 $ 62,285 53 Attn Ron Richards Street A intersects 60' Woodbine Development Tract 1 580 Pavement & curb $57 43 $33 309 40 Corp Ind 580' Storm drain 24 98 14,488 40 3200 ist Nat 1 Bank Bldg 580' Street lights 2 27 1 316 60 Dallas TX 75202 $ 49 114 40 Attn Ron Richards W B DEWEESE SURVEY Woodbine Development Tract 1 2130 Pavement & curb $57 43 $122,325 90 Corp Ind 2130' Storm drain 24 98 53 207 40 3200 1st Nat'l Bank Bldg 2130' Street lights 2 27 4 835 10 Dallas TX 75202 $180,368 40 Attn Ron Richards Riverside Drive intersects 120 Woodbine Development Tract 1 770' Pavement & curb $57 43 $44 221 10 Corp Ind 770 Storm drain 24 98 19 234 60 3200 1st Nat'l Bank Bldg 770' Street lights 2 27 1 747 90 Dallas TX 75202 $ 65 203 60 Attn Ron Richards JAMES M ROBINSON SURVEY Woodbine Development Tract 1-A-1 184' Pavement & curb $57 43 $10 567 12 Corp Ind 184' Storm drain 24 98 4 596 32 3200 1st Nat 1 Bank Bldg 184' Street lights 2 27 417 68 Dallas TX 75202 $ 15,581 12 Woodbine Development Tract 1-A 2248 03' Pavement & curb $57 43 $129 104 36 Corp Ind 2248 03' Storm drain 24 98 56 155 79 3200 1st Nat'l Bank Bldg 2248 03' Street lights 2 27 5 103 03 Dallas TX 75202 $190 363 18 -1- PROJi•CT NO 021-36526-00, FOSSIL CREEK BOULEVAttD, cont BLOCK OWNER LOT ZONING FRONTAGE SOUTH SIDE Woodbine Development 1 1 Corp Ind 3200 1st Nat'l Bank Bldg Dallas, TX 75202 Woodbine Development 2 1 Corp Ind 3200 1st Nat'l Bank Bldg Dallas TX 75202 Woodbine Development 3 2 Corp Ind 3200 1st Nat'l Bank Bldg Dallas, TX 75202 Str~pt. B ~~nters~cts Woodbine Development 1 2 Corp Ind 3200 1st Nat 1 Bank Bldg Dallas, TX 75202 Woodbine Development 2 2 Corp Ind 3200 1st Nat'l Bank Bldg Pallas, TX 75202 Riverside Drive intersects r Woodbine Development 2 3 Corp Ind 3200 1st Nat'l Bank Bldg Dallas, TX 75202 Woodbine Development 1 3 Corp / Coca Cola, Co Ind 3200 1st Nat'l Bank Bldg Dallas, TX 75202 FOSSIL CREEK ADDITION RATE AMOUNT 1065 28' Pavement & curb $57 43 $61 179 03 1065 28' Storm drain 24 98 26,610 69 1065 28' Street lights 2 27 2,418 19 1238 83' Pavement a curb $57 43 $71 146 O1 1238 83' Storm drain 24 98 30 945 97 1238 83' Street lights 2 27 2 812 14 260 12' Pavement & curb $57 43 $14 938 69 260 12' Storm drain 24 98 6 497 80 260 12' Street lights 2 27 590 47 60' 249 98' Pavement & curb 249 98 Storm drain 249 98' Street lights 350 09' Pavement & curb 350 09' Storm drain 350 09' Street lights 120' $57 43 $14 356 35 24 98 6,244 50 2 21 567 45 $57 43 $20,115 67 24 98 8,745 25 2 27 794 70 704 09' Pavement & curb $57 43 $40,435 89 ASSESSMENT $ 90 207 91 $104 904 12 $ 22 026 96 $ 21,168 30 $ 29,645 62 ?04 49' Storm drain 24 98 17 588 17 704 09' Street lights 2 27 1,598 28 $ 59,622 34 1946 71' Pavement & curb $57 43 $111,799 56 1946 71' Storm drain 24 98 48,628 82 1946 71' Street lights 2 27 4,419 03 $]64,847 41 -2- PROJECT NO 02-36526-00, FOSSIL CREEK BOULEVARD, cont BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE Street A intersects DAVID ODUM SURVEY Woodbine Development Tract 12-E 772 47' Pavement & curb $57 43 $44 362 95 Corp Ind 772 47' Storm drain 24 98 19,296 30 3200 1st Nat 1 Bank Bldg 772 47' Street lights 2 27 1,753 51 Dallas TX 75202 $ 65 412 76 Attn Ron Richards Total cost to property owners (assessments) $1,120 751 65 Total cost to City of Fort Worth $ 805 297 39 Total estimated construction cost $1 326,049 04 -3- ~~ Mayor and ~oa.~,a~,c~,l ~om.m~,cn~.ccst~on DATE REFERENCE SUBJECT Benefit Hearing - Fossil Creek PAGE NUMBER Boulevard Fossil Creek Addition, 12 9 80 G-4791 Phase I i °r __.2__ On November 12 1980 (M&C C-5378) the City Council declared the necessity for and ordered the improvements. on Fossil Creek Boulevard Project Nos 021-036-526-00 and 029-036-526-00 described below A construction contract was awarded to J L Bertram Construction and Engineering Inc in the amount of $1 262 903 85 and December 9, 1980, was set as the date for the Benefit Hearing A11 of the adjacent property owners were notified of the hearing by certified mail on November 21 1980 Project Description 'Roadway Right-olf-Way Street Limits Width-Feet Width-=Feet Fossil Creek East Service Road I-35W 2-26' Lanes 120 Boulevard to North Beach Street 48' Median Origin of Project On January 23, 1979 (M&C C-4498) the project was initiated in conjunction with a. Community Facilities Contract for the development of Fossil Creek Addition Phase I, and updated and revised on November 2 1980 (M&C C-5377) Fossil Creek Boule- vard (Cantrell-Sansom Road) is projected to be a major thoroughfare in the Master Thoroughfare Plan It will ald~ow the immediate development of approximately 40 acres of property as soon as it is open and it will also facilitate traffic movement from the Motorola site On January 23 1979 (M&C C-4498) a variance was proposed and approved to allow the developer to improve the street on the assess- ment basis rather than as an interior street Improvements Fossil Creek Boulevard will be improved as a double 26' wide thoroughfare with a 48' wide median of a future double 36' thoroughfare The construction will consist of 7' thick concrete pavement and concrete curb Included are left- turn lanes at five intersections Storm drain facilities will consist of approximately 5 543' of pipe and appurtenances Assessments and Enhancements In keepi~' {•~ith Standard Assessment Paving Policy as to costs and special provi- sions of the Community Facilities Contract as to payment of assessments it is proposed that approximately $1 120 751 65 including engineering will be assessed against properties adjacen-t t~o Fossil Creek Boulevard on a deferred payment basis Assessments include the developer's cost of pavement and curb storm drainage facilities street lighting and engineering The Community Facilities Contract provides that repayment of assessments will be paid to the City in installments of 1/8 of the principal amount plus accrued interest annually The first 1/8 of the principal shall become due and payable 30 days after acceptance of the project by the' City .Council and remaining 7/8 in annual DATE REFERENCE SUBJECT Benefit Hearing - Fossil Creek PAGE NUMBER Boulevard, Fossil-Creek Addition 2 2 12/9/80 G-4]91 Phase T °f increments o'f 1/8 each for seven years from date of acceptance of the project As development occurs the assessments for~the portion of the street adjacent to the property being develop ed will be due prior to the issuance of a building permit It is the opinion of the Public Works Department that all p~'operties will enhanc in value in an amount equa l to or more than the proposed assessment upon development Recommendation 1t is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed CG plg Attachment APPROVED BY CITY COUNCIL n~c ~ ~~ ~J .~~~_ Ci ecretary of the ~~~ C o.t ~oxC Wozth~ TeXtw SUBMITTED FOR THE- ~ •` CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING p ~~~ ~, ~ ~ ^ ^ OTHER (DESCRIBE) ~ ~ ~ DEPARTMENT HEAD: Car G n ~ ~ 4 i ~ :~ ,s~ "; r5 h E <, CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT John JOries EXt 7901 DATE