HomeMy WebLinkAboutOrdinance 8139ORDINANCE NO. g ~ ~~-
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_ CANTRE{~LrSANSOM .ROAD -_ _
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 ~'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 ORDYNANCE RECORDS OF SAID CITYs AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth, Texas, has heretofore ordered that each of the hereinafter described
portions of streets, avenues and public .places in the City of Fort Woa~th, Texas, be improved by raising grading
or filling same and by constructing thereon to-wit
CANTRELL-SANSOM ROAD From 120' west of Maiden Lane-~to Mark IV Parkway
known and designated as Project No 021-364'97,a
seven-inch thick reinforced concrete pavement on
a six-inch thick lime stabilized subgrade with
seven-inch high superimposed concrete curb on a
thirty-six foot roadway (North lane)
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 withBrowrr & Blakn y, fn __ R
Austin Rnad .nm~y
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.~..5~day of-~1ul~C.
19-$i2_, x.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.
that
.protested that
-_ __protested 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
fult~ 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
I3E I1' ORDAINED BY THE CITY COITNCII, OF THE CITY OF FORT WORTH
1')H:XA~, 'THAT
I.
laid hearing• be and the same is hereby closed and the said protest and objections, and an,y and all other
ln•otests and ub,jections whether herein enumerated or or not be and t1rE' same ~u•e hereby overruled
II.
The l.it~ Council 1'rum the evidence finds that the assessments herein levied should be m~.rde and levied
against the respectrve parcels of property abutting upon the said portrons of streets avenues and pub',ic places
and against the owners of sorb property and that such assessments alyd charges are right and proper and ar•e
substantially in proportion to the benefits to t{re respective parcels oi• property by means of the improvements
in the unit for whit h sorb assessments are levied and establish substantial justice and equ~rlity and uniformity
between the respective owners of the respectr~e properties and ]~etween all partres concerned considering the
benefits received and burdens imposed and further finds that in e~u•h case the ~rbutting property assessed is
specially benefited rn enhanced value to the said {>ropert~ b~ means of the card improvements in the unit upon
which the particular property abuts and fob which assessment is levied and charge made in a sum in excess of
the said assessment and charge made against the same b~ this ordinance <ind further finds that the apportion
ment of the cost of the improvements is rn acc•ordance ~tirth the law in force in this City and the proceedings of
the Cit. Ilf'1'etot•ol'e had ~~ith reference to said impro~ rtrents, and is in all respects valid and regular
III
There shall be surd is here{n lei red rind assessed against the parcels of property herein below mentioned
and against the real and true owners thereof (~tihether such otiners be correetl~ n<<med herein or not) the sums of
money itemised below opposite the desorption ot• the respective prrrc•els of• property and the several amounts
~rssessed agriina the same and the owners thereof as far as sorb owners are known being as follows
I~
~~'here more than one person, firm or corpo~•ation 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 irr proportion as its, his or her, respective interest bears to the total ownership 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 (6c.) 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,rinst 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 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 instal]
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 rn such installments, and with
interest from the date of such completion and acceptance Provided however that any owner shall have the
right to pay the entire assessment, or any installment thereof before maturity by payment of principal and
accrued interest, and provided further that if default shall be made in the payment of principal or interest
promptl~• 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 Worth or its assigns, be and become immediately due and payable, and shall be
collectable, together with reasonable attorney s fees and cost of c°ollec•tion if incurred PROVIDED however
that acting through its duly authorized Director of Public V~'orl;s the City of Fort 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 (~K) 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 (3O) days after the eonrpletion and acceptance by
the City of the particular unit PROVIDED FURTHER that the City Attorney is hereby empowered to authorize
payments of said sums of lesser installments and/or o~ er a longer period of time in cases in which the Director
of Public ~'~orl;s has previously determined that an extreme financial hardship upon the property owner will
otherwise result and PP~OVIDED FURTHER that suer method of payment shall be authorized only in instances
where the owner or owners of hropert~ abutting upon such completed and accepted unit shall have executed and
delivered to the City of Fort ~L orth a lawful valid and binding note and mechanic s and materialman s contract
upon forms supplied b~ the Cite granting a mechamc• s lien upon and c•on~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 bF made in the payment of any assessment collection thereof Shall be enforced either by
the sale of the property by the Assessor and Collector of 'faxes of said City as near as possible in the same man-
ner provided fin, the sale of property for the IIOI]-jril~"Irlerrt ~~f ad ~ alorenr tales or at tl~e option of the City of
Fort Worth or its assigns, p<ryment of said sums shall be enforced b~ suit in any eourt of competent jurisdic
tion, or as provided in any mechanic, s or materialman s contract as aforesaid and said City shall exercise all of
its lawful powers to aid in the enforcement and 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 ln, the law n force ur th<~ City
VIII.
Although the aforementioned charges have been fixed levied and assessed in the respective amounts
hereinabove stated the City Council does heI•eby reserve unto itself t:he 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 steal] not be required to issue credits and w ill not do so,
if same would result in any equity and/or unjust discriminatx>n
The principal amount of each of the several assessment certificates to be issued t11e City of Fort Worth,
Texas as her•einaftei• provided shall be fixed and determined by deckuct.ing 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 evidencing the several sums assessed against the respective parcels of abutting prop-
erty and the owners thereof and the time and terms oi' payment and to aid in the enforcement and collection
thereof assignal.)le certificates in the principal amount of the respectr~ e assessments less the amount of any re-
spective credit allowed thereon shall be )slued 1)v the City of Fort ~~ or th Texas upon completion and accept
~tnce by the Cite of. the impro~-ements rn each unit of improvement as tl~+e ~~orl. rn such unit is completed and
accepted which certificates shall be executed b~ the m~r~or rn the name of the Citv and attested by the City
Secretary with the torpor ate seal of the Crty rn)pressed thereon tail hill I)e pat able to tine Crty of Fort Worth
or its assigns anti shall declare the said amounts, time and terra ~+t• pa. meat rate of interest and the date of
the completion and acceptance of the improyemer.ts abutting upon uc h property for whicl~ the certificate is
issued -.tad shall contain the name of the owner or :,wners if l.n ~~ r) clesc i ipirun of the property by lot and block
number or• i'ront feet thereon or such other descapti.on as may utl er~~rse identify the same and if the said
proper•t~ shall be owned by an estate then the desc•riptron +'1• an)e as s., u~yned shall be suHicrent and no error or
mistake in descrrl.)ing ant l.~ropert~ or in gig ir.g the name of the +~+ net sh;:ill tn~ alidate of in anywise impair
such certificate to the assessments lei iecl
'The certificates shall pro~rde ubstantiall~ t )at rf sank shall nut. bra pain pronrptl~ t+pun matur•rty then
they sh 11 1)e c.,llectal)le with r•easunable +ttorne~ s fees and o>as ~f ~ull<><ti~,+~ if incurt•t~d and shall lmovide
substantially that the amounts ear fenced therel)~ ;;hall be Paul to the A~ses,o+ and Collector of Taxes of the
City of Fort ~'~ orth 'Ce~as who sha}1 issue h+ receipt th re or a h+c I ~h ill be e~ ideate of such payment on any
demand foi the same and the tassessut tad (ol}c:ctor of Tales h tl deposit he sums so received 1)v him forth
with with the (`itti Treasurer to be kept ;rnd held I). him in i separate t•+rncl anck then ant payment shall be
made it the Citt the Assessor and Cc liector of 'faxes a .on ucli r•c~r ilti~ale shall upon presentation to him of
the certificate l.>~ the holder thereof endorse sa+d px~ nrent the •en~t ]f uc1+ serf ticate l~)e assigned then the holder
thereof shall be entitled to rec•e}~e from the C'tl~ Tte;csurc~r the am+ur+t p~rid upon the presentation to him of
such certificate so endorsed and credited and such end_+rsen ~ nt + } + iit :;h it be the Treasurer s Warrant for
making such payment tiuch payments h~ the '['~ easu •r' h ,11 !+e i e c, tecl f the ku)lder of such certificate in
writing and by su •render thereof' ~~hen the 1)rutt pal f ti r ~.ti+th ~<< rued ir~t+~rest. and 11 cost, of collection
and reasonable attorney s fees rf incurred h<r~e been ! ;uc} in full
Said certificates shall further recite substantially that ih~ pr oceeclrngs ~~ rth reference to making the
improvements have been r•eg~ularl~ had rn compliance ~tiith the i c~ tr~cl tl it all 1>r•c~requr rtes to the fixing of the
assessment lieu against the prolerty described in sucdr c~rt.ific tic +nd t.lie per•sc>n;r! hahiltt~ of the owners thereof
have been performed and such recital;; shall 1>e prima fat re e~ i lc r. ?• 11 ih nr +tic~r•~ r•ecrted rrr uc•h certificates.
and no further proof thereof shall be required in any c•i,urt
Said certificates may Kaye co~rpuns attached t.het ~t++ ur e~ + -lea e ui' each r any of the se. eral installments
thereof or may h;r~ e cotrl~x)ns for each of• the first four installments lE~ayin the main c•er•trficate to serve for the
fifth installment which coupons may be p;rtal)le to the C. t~ of Furt tit orth or rt as:>ihns mat he igned with the
facsimile signatures of the ;\'kavot and <'rtv Secretary
Said cei~tificatea 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 110bb of Vernon's Texas Civil Statutes, which Act has been
adopted as an amendment to and made a part of the Charter of the City of Fort Worth, Texas.
XIV
The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same
in the Minute Book of the City Council of Fort Wortii, Texas, and by filing the complete Ordinance in the appro-
priate Ordinance Records of said City
XV
This ordinance shall take effect and be in full force and effect from and after the date of its passage and
it is so ordained.
PASSED AND APPROVED this ~~ day of ~ ~-- 19 ~ v
APPROVED AS TO FORM AND LEGALITY
City Attorney
r.
/~
PROJECT NO 021-36497 CANTRELL-SANSOM ROAD IN NORTHBROOIC ADDITION, PkIASE 1, FROM 120' WEST
F MAIDEN LANE TO MARK IV PARKWAY, to be improved by constructing a seven-inch thick rein-
forced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high
superimposed concrete curb on a thirty-six foot roadway (North lane only)
ZONING
OWNER LOT BLOCK FRONTAGE RATE AMOUNT ASSESSMENT
NORTH SIDE NORTHBROOK ADDITION
Cambridge Realty Company 22 26 120' Side lot adjusted to
4850 Westgrove Drive Res 100' Pavement $13 22 $1,322 00
Dallas, TX 75240 100' Curb 2 28 228 00
$1,550 00
Maiden Lane intersects
Cambridge Realty Company 29 27 110' Side lot adjusted to
4850 Westgrove Drive Res 100' Pavement $13 22 $1,322 00
Dallas, TX 75240 100' Curb 2 28 228 00
$1,550 00
Cambridge Realty Company 27 27 Rear lot
4850 Westgrove Drive Res 120' Pavement $ 6 61 $ 793 20
Dallas, TX 75240 120' Curb 1 14 136 80
$ 930 00
Cambridge Realty Company 26 27 165' Rear lot adjusted to (Drainage easement)
4850 Westgrove Drive Res 110' Pavement $ 6 61 $ 727 10
Dallas, TX 75240 110' Curb 1 14 125 40
$ 852 50
Cambridge Realty Company 22 25 135' Rear lot adjusted to (
Drainage easement)
4850 Westgrove Drive Res 80' Pavement $ 6 61 .
$ 528 80
Dallas TX 75240 80' Curb 1 14 91 20
$ 620 00
Cambridge Realty Company 23 25 Rear lot
4850 Westgrove Drive Res 100' Pavement $ 6 61 $ 661 00
Dallas, TX 75240 100' Curb 7 14 114 00
$ 775 00
-1-
PROJECT NO 021-36497, CANTRELL-SANSOM ROAD IN NORTHBROOK ADDITION, PHASE 1, Continued
ZONING
OWNER LOT BLOCK FRONTAGE RATE AMOUNT ASSESSMENT
NORTH SIDE
Cambridge Realty Company 24
4850 Westgrove Drive
Dallas, TX 75240
NORTHBROOK ADDITION
25 Rear lot
Res 75' Pavement $ 6 61 $ 495 75
75` Curb 1 14 85 50
$ 581 25
Deerfoot Trail intersects
Cambridge Realty Company 1
4850 Westgrove Drive
Dallas, TX 75240
22 110 O1` Side lot adjusted to
Res 100' Pavement $13 22 $1,322 00
100' Curb 2 28 228 00
$ 1,550 00
J BASS SURVEY
R. W McKithan Tract 2
7920 Summit Cove Agri 596' Pavement
Fort Worth, TX 76179 Vol 5032 596' Curb
Page 333
James E Rogers Tract 2-A (Owner occupied}
et ux Mary Agri 240' Pavement
2209 Cantrell-Sansom Rd Vol 5472 240' Curb
Fort Worth, TX 76131 Page 61
Drainage easement
Cambridge Realty Company 22
4850 Westgrove Drive
Dallas, TX 75240
$53 02 $31,599 92
2 28 1,358 88
$33 12 $7,948 80
2 28 547 20
$32,958 80
$ 8,496 00
40'
NORTHBROOK ADDITION
57 602 89' Pavement
Comm 602 89` Curb
$53 02 $31,965 23
2 28 1,374 59
$33,339 82
-2-
,~
PROJECT NO 021-36497, CANTRELL-SANSOM ROAD IN NORTHBROOK ADDITION, PHASE I, continued
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) $ 83,203 37
TOTAL COST TO CITY OF FORT WORTH $724,443 38
TOTAL ESTIMATED CONSTRUCTION COST $807,646 75
-3-
~n /
~~' v `
Mayor and ~o~,n~~l ~om.~aun~catxon
DATE NUMBER CE SUBJECT Benefit Hearing - Cantrell-Sanso PAGE
7/15080 G-4619 Road Paving and Drainage Improvements lof 2
~~.
On June 24 1980 (M&C C-5144) the City Council declared the necessity
for and ordered the improvements on Cantrell-Sansom Road Project
No 021-36497-00 described below Construction contracts were awarded
to Brown and Blakney Inc in the amount of $497 049 for the storm
drainage improvements including street excavation and to Austin Road
Company ire the amount of $264 881 90 for the paving improvements
~Yu1y 15 1980 was set as the date for the.. benefit hearing All adjacent
property owners were notified of the hearing by certified mail on
June 27 1980
Street
Cantrei1-Sansom Road
Roadway R 0 W
Limits Width-Feet Width-Feet
Little Fossil Creek l of 2 60
to Mark ITT Parkway 36-foot lanes
I Origin of Project
'This project was initiated in conjunction with. Community Facilities Con-
tract No 10036 Non~th~rook Addition Phase I approved September 9 1978
(M&C C-4343) Cantrell-Sansom Road is a border street on the south side
of the development
Improvements
`This project consists of the construction of the north 36-foot wide
traffic land of a double 36-foot wide boulevard type roadway `The south
1a.ne will be constructed when futaare development occurs on the south
side Current improvements will include construction of major thorough-
fare grade concrete pavement with concrete curb Storm drain improve-
menu w:~.11 consist of approximately 1 080 feet of reinforced conncrete
pipe and appurtenances as well as 380 feet of concrete box culvert
Assessme.n2~s ar~d Enhancements
In keeping with standard developer and assessment paving policy property
zoned other than residential is beirYg assessed $55 30 per front foot for
pavement and curb with the exception of one owner occupied parcel which
is being assessed $3S 40 per front foot Residentially zoned property
is being assessed $15 50 per front foot for pavement and c~nrb and.
$7 75 per foot where the street is; at the rear of the 1o~t `T~~.ta1 pro-
posed assessments on all adjacent property is $83 203 3'7
DATE
7/15/80 NUMBER CE SUBJECT Benefit Hearing - Cantrell-Sansom PAGE
Road Paving and Drainage Improvements 2 or 2
G-4619
Based on previous appraisals of similar property the improved drainage
and the new roadway it is the opinion of the Public Works Director
that each parcel of property being assessed will be enhanced in value
by an amount equal to or greater than the proposed assessment
Recommendation
It is recommended t hat an ordinance be adopted closing the benefit
hearing and levying the assessments as proposed
VS cvl
Attachment
APPROVED BY
CITY COUNCIL
`~UL '~'~ 19$4
.~I~--~_,_._.~..
«x~r~n ~4
o: ~o>r~ ~><~, :W4U-
SUBMITTED FOR THE
CITY MANAGER'S DISP051TION BY COUNCIL: PROCESSED BY
OFFICE BY APPROVED
^
ORIGINATING Keith Smith ADAPTED ~~
n
~~ RIBE~
C~~~~ CITY SECRETARY
DEPARTMENT HEAD: /
atlU
o n ones
FOR ADDITIONAL INFORMATION
CONTACT DATE