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HomeMy WebLinkAboutOrdinance 8029~, ~; ®ItI)INANCE N®.-~'Z~-~- ORDINANCE CLOSING HEARYNG AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_. ~G.~J~...~.ZREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE ('ITY 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- CATER 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 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 Oiling same and by constructing thereon to-wit GILVIN STREET From I=35 Service Road to Pharr Street, known and designated as Project No 021-24279-00, a seven- inch thick reinforced concrete pavement on a six- inch thick lime stabilized subgrade with seven- inch high superimposed concrete curb on the east side of a thirty-six foot roadway Six-inch thick concrete driveways will be constructed where specified The above, together with combined concrete curbs and gutter on proper grade and line where same are not already so constructed, together with storm drains and other necessary incidentals and appurtenances all of said improve- ments are to be. so constructed as and where shown on the plans and in strict accordance with the Plans and Specifications therefor .and contract has been made and entered into with ~ wi s' & Lewi s y 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 3rd ,day of danuar-y 19~_, 7 - 3(l p _ M , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit _protested that - ~ protested that _protested that _protested that that _ _-_-__ _protested that ----------__-_-_ _ .-_ _-_.__protested that ------- ---- --- -- --- --- -----------protested that ted 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 or•der•ed tiOV~ 'I'IIE:I.IFOPE I3E IT ORDAINED BY THE CITY COL1N('IL OF THE CITY OF FORT WORTH 7'F:~A~, THAT I. tiaid hear•inR• be and the same is hereby closed and the saki pretest and objections, and any and all other Irrotests and ob•jertions, whether herein enumerated or' or not be and the same are hereby overruled. II. The (.its (.ounc•il from the evrdenc•e Inds that the assessments herein levied should be made and levied against the respec•ti~e lrtrrels of property abutting upon the said portrons of streets, avenues and public places and against the owners of surly 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 whi,c•h such assessments are levied and establish substantial ;justice and equality rind uniformity between the respective owners of the respective properties and between all pai•tres concerned, considering the benefits rec•ejved and burdens imposed and further finds that in each case the abutting property assessed rs specially benefited rn enhanced value to the said property I,~ means of the said improvements in the unit upon which the particular property abuts and for which assessment is levied and charge made in a sum rn excess of t•he said assessment and charge made against the same b~ this ordinance rind further finds that the apporti~n- ment of the cost of the improvements is in ac•c•oi•danc•e w rth the lrlw in force in this City and the proceedings of the ('it.~ heretofore had ~ rth reference to said impro~ >meats, and is in all respects valid and regular III There shall be and is Irereb~ lei ied and assessed against the parcels of property herein below mentioned and against the real and true owners thereof (~a Nether such ow Hers be c•orrec•tl~ named herein or nut) the sums of money itemised below oplx>site the description of• the respe~ tip e parcels of• property and the several amounts assessed against the same and the owner ther•NOf as far as such owners are known being as follows I~ l~Vhere more than one person, firm or corporation owns an interest in any property above described, each said person, fi~•m or corporation shall be personally liable only for• its, her or his pro rata of the total assessment against such property iu proportion as its, his or her• respective interest bears to the total ownerslup 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,tinst 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 tare first enforceable lien and claim against the property on wl]icl] 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 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 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 .u] 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 rf incurred, PROVIDED however that acting through its duly authorized Director of Public ~ o] la the City of Fort Worth retains the right to authorize payment of the sums assesecl against abuttrng pr•opert~ upon such completed and accepted unit in not more than forty-eight (~R) 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 (311) days after the completion and acceptance by the City of the particular unit. PROVIDED Ft,P~THER that the City Attorney is hereby empowered to authorize payments of said sums of lesser installments and/or o~ er a longer period of trine in cases in which the Director of Public ~'i or ks has previously determined that an extreme financial hat•dshrp upon the property owner will otherwise result and PPOVIDED FL'RTHEP. that suc•1] method of payments shall be authorized 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 ~~ orth a lawful ~ alid and binding note and mechanic s and materialn]an s contract upon forms supplied In the City granting a mec•hamc• s lien upon and com•eving 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 Inade in the payment of ant assessment colle~t,ioTr thereof shall be enforced either by the sale of the property ]n the Assessor and Collector ~f 'faxes of said City as near as possible in the same man ner provided for the sale of property for the IlOI]-lra~'t]leT]t ~~f ad ~ alorem tapes o at tl]e option of the City of Fort Worth or its assigns, payment of said sums shall he. enforced b~ suit m aTr~ court of competent jurisdic tion, or as provided in and mechanic• s or materialman s c•ontrac•t as aforesaid and said City shall exercise all of its lawful powers to aid in the enforcement and collectron of card assessments VII. The total amount assessed against the respective parcels of abutting property and the owner,; thereof is in ac•c•ordance with the proceedings of the City relating to said improvenlc~nts and assessments thereof and is less than the proportion of the cost allowed and perm}tted L~}~ the law n i'lrce rn the Citv 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 pr°operty owners where deemed appropriate Notwithstanding the City Council has herein reserved the right to issue credits }t shall not be required to issue credits, and will not do so, if same would result in anv equity and/or un,lust discrimination 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 kw deducting from the amount of any assessment hereinabove levied such amount or amounts if any as may hereafter be al}owed by the City Council as a credit against the respective assessments. IX For the purpose of evidencing the several sums assessed against the respective liarcels of abutting prop- erty and the owners thereof and the time and terms of pavment and to aid in the enforcement and collection thereof assignable certificates in the principal amount of the respectr~ e assessments less the amount of any re- spective credit allowed thereon shall be issued l>y the City of Fort ~'i'orth Texas upon completion and accept ante by the Cite of the impro~-en,ents rn each un,t of impro~ ement a~ the woi 1, in such unit is coml~~leted and accepted which certificates shall be executed by the may ur m 1.I,e name ot• the Citv and attested by the City Secretarv with the corporate seal of the Crt~ impressed thereon and hall Ise pat-able to the Crt~~ of Fort Worth or its assigns and shall declare the sau} amounts time and terrn~ of l+u~ meat rate of interest, and the date of the completion and acceptance of the improvements abutting upon uc l+ prupert~~ for whirl; the certificate is issued and shall contain the name of the owner or owners if hnr ~~ n clesc ~ ~ptrun of the ln•operty by lot and block number or front feet thereon or such other <tesciption as may utl erw,se identify the same and if the said proper•t~ shall be owned by an estate then the description +f anre us su owned shall be sui~ic°ient and no error or mistake in desc•rihing ant l.n•opert~ c r in ~•i~ ir.g the name of thf> uw ner shrill rn~ alydate or rn any wise impair such certificate to the assessments lei led The certificates shall provide ulrstantiall~ that if sang. shall nut br> paid pronrptl~ upon maturity then they sh Il be c.+llec table with reasonable attorney s fees u+d , r;t +f cull~c tu+n if rnrurred and shall provide substantially that the amounts evidenced thereby shall be paid to the Assessor and Collector of Taxes of the City of Fort ~~ orth 'i'e~as who shall rssrrc; h, receipt th refui w h is 1 I, ill Ire ~~~rdence of such pavment on any demand for the same and the Assessor unit Collector of Tapes 1+u{l depc+stt he ums so received by him forth with with the Crti Tr•easurer• to 1>e kept and held !?~ him in , separ rte i•und and tiGhen ant pavment shall be made ir; the City the Assessor and Cc 1}ector of 'faxes a .on uc I, ~ ertil-mute shall neon presentation to him of the certificate b~ the holder thereof endorse said pay ment the ~eut' It uc li cent tic~lte he assigned then the holder thereof shall be entitled to rec•er~e from the City Treasurer the ~u1,+,r,± p.iid upon the presentation to him of such certificate so endorsed and credited and such end >rsernc~ni i rl r tit sh it he the Treasurer s Warrant for making such pavment. Such payments lr~ the Treasurer hall !+e ,~ c, ted f r the 1loldei of such certificate in writing and by su •render thereof when the ln•inc pal t ~~ tl , ~.~iih <„c rutci ir,tc>rest: and Il costs of collection and reasonable attorney s fees rt• incurred hate been p ud rn full Said certificates shall further recite substantially that the procee+hngs write reference to making the improvements have been r•e~•ularlti had in compliance with the 1 ~~ rrul tl ,t all prc~requi rtes to the fixing of the assessment hen a~•ainst the propert~r described rn such c>riiiicate uul t.~,e person;+! teal,ilrt~ of the ownersthereof have been perfurmecl and such recitals shall I>e prima facie e~ rdc~nc !• 11 ifi rn ,titers recited irr uc•h certificates, and no further proof thereof shall Le required in ~urv c•iiurt. Said c•ertrficates may have coupons attar teed tier lu rn e~ i lerr e of e~u•h n <,n~ of the set er al installments thereof or may have coupons fir emir cif the first four installments leavin~~ the main c•erti[icate to serve for the fifth installment which coulions rnav be pug ai.~le to the C t~ of Fort ~1 orth ur its assigns mat 1,e. igned with the facsimile signatures of the Flavor anti City Secretarv Said cei~tificatea shall further recite that the City of Fort Worth, Texaa 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 1105b 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 Wortil, 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 3 ~ day of~~`^"~--~--~+~-~,~` 1g~ J J APPROVED AS TO FORM AND LEGALITY ity Atto ney PROJECT NO 021-24279-00 GILVIN STREET FROM I-35 SERVICE ROAD TO PHARR STREET, to be improved y constructing a seven-inc tic reinforce concrete pavement on a six-inc thick lime sta- bilized subgrade with seven-inch high superimposed concrete curb on the east side of a thirty- six foot roadway Six-inch thick concrete driveways will be constructed where specified BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT WEST SIDE R BRIGGS & W H LITTLE SURVEYS C R I & G Railroad Tr 9 671' No benefit _ Rock Island Tax Dept 271 S F Driveway ~ $4 77 $1,292 67 1122 T & P Building $ 1,292 67 Fort Worth, TX 76102 Attn Mr R L Horsley EAST SIDE PHARR PLAZA ADDITION Leonard Properties 1 1 671' Pavement $68 12 $45,708 52 Sam Sledge Ind 661' Curb 4 24 2,802 64 P 0 Box 1718 271 S F Driveway 4 77 1 292 67 Fort Worth, TX 76101 , $49,803 83 Total cost to property owners (assessments) $ 51,096 50 Total cost to City of Fort Worth (streets) $ 60,026 75 Total cost to City of Fort Worth (storm drain) $64,149 87 Total estimated construction cost $175,273 12 :.~ t/ FILE HERCHERA BAILIFF. SMITH JONES Mayo~° and ~C~un~a~ ~~a~a~~aa,~ru,~.~at~~~a. DATE REFERENCE SUBJECT Benefit Hearing - Assessment PAGE NUMBER Paving of Gilvin Street (1978-81 C I P .1/3/80 G-4420 Pages ST-39 and ST-40) > or~- --An December 4 1979 (M&C C=4897) the City Council declared the necessity for and ""ffirdered the improvement of Gilvin Street Project No 021-24279 as described below A construction contract was awarded to Lewis and Lewis Inc in the amount of $163 806 65 and January 3 1980 was set as the date for the benefit hearing The two adjacent property owners were notified of the hearing by certified mail on December 14 1979 Project Descri tion Roadway R 0 W Street Limits Width-Feet Width-Feet Gilvin Street Pharr Street to West Service 36 56 Road of I-35W Origin of Project This project was initiated by a letter received in the assessment paving office on May 21 1979 from Leonard Properties owners of 50 percent of the adjacent property On June 12 1979 (M&C G-4194) the City Council authorized the Public Works Director to design and advertise the project for bids Improvements Gilvin Street is presently a narrow roadway with penetration pavement in poor condition the Rock Island Railroad tracks on the west side and the Leonard property on the east side The Leonard property has recently been developed Improvements will consist of industrial grade concrete pavement with concrete curb and driveway approaches where requested Storm drain improvements will consist of 440 feet of storm drain pipe and appurtenances plus an earthen drainage channel along a portion of the west side of the street Assessments and Enhancements The Leonard property on the east side of the street is zoned industrial and in accordance with standard policy is being assessed $72 36 per front foot for pavement and curb plus the requested driveway approach for a total of $49 803 83 The. Rock Island Railroad property on the west side of the street is not being assessed since it is unusable except for railroad track and will not be enhanced as indicated on June 12, 1979 (M&C G-4194) However the railroad is being assessed $1 292 67 for a 35' wide driveway approach at the north end of the street to provide access to their piggy back" loading dock Based on previous appraisals of like property considering the improved access and drainage facilities it is the opinion of the Public Works Director that each parcel of abutting property will enhance in value as much or more than the proposed assessment DATE REFERENCE SUBJECT Benefit Hearing -Assessment PAGE NUMBER Paving of Gilvin Street (1978-81 C I P 2 2 1/3/80 G-4420 Pages ST-39 and ST-40) , °' Recommendation It is recommended that an or dinance be adopted closing the hearing and levying the assessments as proposed VS plg Attachment SUBMITTED FOR THE CITY MANAGER'S OFFICE BY DISPOSITION Y COUNCIL: PROCESSED BY APPROVED ORIGINATING ^ OTHER (DESCRIBE) ~~~ D EPARTMENT HEAD• ~e th ~ t~® ~ J ~ ' CITY SECRETARY FOR ADDITIONAL INFORMATION / CONTACT ~ 780 DATE /3 O u