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HomeMy WebLinkAboutOrdinance 8245ORDINANCE N0.-~~ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__ALTAM~.~ BOULEVARp (snuTH I ANF~_.. __ 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$$E$$MENT$ AND THE ISSUANCE OF ASSIGNABLE CERTIFI- GATES IN EVIDENCE THEREOF RESERVING UNTO THE CI'T`Y 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 oP 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 ALTAMESA BOULEVARD SOUTH LANE From 120' east of McCart Street to Landview Drive, known and designated as Project No 029-23129 Unit III a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized sub- grade with seven-inch high superimposed concrete curb on a thirty-three foot traffic 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 with ~~ L RPrtram ,f nnttr~irfj~n _ and Fn~ine.~^ing~, Tnc. 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~day of December , 19 80 ~ 10.00 A M , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit protested that _ protested that protested 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 more fully accomplish the purposes thereof and ~-Il desiring to be heard were given full and fair opportunity to be heard and the City Council of the City having fulls considered all proper matter is of the opinion that t}~e said hearing should be closed and assessments should Ire made and levied as herein ordered I3E IT ORDAINED BY THE ('ITY COLTN(^IL OF THE CITY OF FORT WORTH 7'F:~Ati, THAT I. laid hetu•ing Ire and the same is hereby closed and the said protest and ob•jertions, and any and all other protests and ob•jecl.ions whether herein enumerated or or not Ire and the same are hereby overruled. II. The (.its (.oruuil from the evrdence finds that the assessments herein levied should be made Ind levied against the respective Irarcels of prupert~ 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 benefits to tyre respec•t-ve parcels of prapert~ by means of the improvements in the unit for which suc•li assessments are levied and establish sttlrstantixl •lustice and equality and unifot•mity between the reslrecti~e owners of the respective properties and between all parties concerned considering the benefits received alyd burdens imposed anti further finds that in each case the abutting property assessed is specially benefited in enhanced value to the saki property bt means of the said improvements in the unit upon which the particular property abuts and for ~Iric•h assessment is levied and charge made in a sum in excess ~f the said •rssessment and charge made against the same b~ this ordinance and further finds that the apportion- ment of Lhe c•ust of the improvements is in ac•cordanre ~~ith the law in force in this Crty and the proceedings of the ("it.~ heretofore had Stith rei'erenc•e to said impro~ >nunts and is in all respects ~.alid and regular III '1"here sh<-II be and is hereby lei -ed and assessed ag~unst the parcels of property herein below mentioned and against the re<rl and true owners thereof (~ti Nether such oti Hers be c•orrec•tl~ named herein or not) the sums of money itemized be;oti opposrte the description of the respec tip e parcels pf• property and the several amounts assessed against the same anti the otiners thereof as f<u as uc•h owners are I:nown being as follows I~ ~~'here more than one person, firm or corporation owns an interest in any property above described, each said person, firm or corporation shall be personally liable only for its, her or his pro rata of the total assessment against such property in proportion as its, his or her respective interest bears to the total 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 (6~ )per annum, together with reasonable attorney s fees and casts of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property :g,~inst which the same are assessed and a personal liability and charge against the real and true owners of such property whether such owners be correctly named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on 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 thrr•ty (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 payabie 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 in the payment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such default is made shall at the option of said City of Fort V4 orth or its assigns, be and become immediately due and payable, and shall be collectable, together with reasonable attorney s fees and cost of c•ollec•tion if rncurred PROVIDED however that acting through its duly authorized Director of Public V~ or la the City of Fort Worth retains the right to authorize payment of the sums assesecl against abutting property upon such completed and accepted unit in not more than fort}-eight (4R) equal regular monthlt installments of not less than $9 Ofi each the first of such installments to become due and payable not more than thirty (31)) days after the completion 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 ~'i orks has previously determined that an extreme financial hardshrp upon the property owner will otherwise result and PROVIDED FLRTHER that such 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 valid and binding note and mechanics and materialman s contract upon forms supplied bt the Cite granting a mechamc• s lien upon and c•om eying the said abutting property in trust to secure the payment ht said o~yner or owners accordrno to the terms thereof of the sums assessed against such property ~I. If default shall be made in the payment of any assessment collectu~n thereof shail be enforced either by the sale of the property b~ the Assessor and Collector of 'I•axes of said C_it~ as near as possil_~le in the same man- ner provided for the sale of property for the non-payment ~~f ad valorem tapes u at the option of the City of Fort Worth or its assigns, payment of said sums shall be enfurred b~ suit rn am court of competent jurisdic tion, or as provided m and mec•hanic• s or materialman s contract as aforesaid and card Citv shall exercise all of its lawful powers to and in the enforcement and collection of said assessments ,-~.~+ VII. The total amount assessed against the respective parcels of abutting property and the ownei thereof is in accordance with the proceedings of the City relating to said improvements and assessments thei•euf and is less than the proportion ~f the cost allowed and permitted by the law n t•orce in the City VIII. Although the aforementioned charges have keen 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 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 discrimination. The principal amount of each of t:he several assessment. certificates to be issued the City of Fort Worth Texas as hereinafter provided shall be fixed and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts, if any' as may hereafter be allowed by the City Council as a credit against the respective assessments IX. For the purpose of evidencing the several sums assessed against the respective ptu•cels of abutting prop- erty and the owners thereof and the time and terms of payment and to aid in the enforcement and collection thereof assignable certificates in the principal amount of the respecti~ e assessments less the amount of any re- spective credit allowed thereon shall be issued 1>~- the City of Fort «'orth Texas upon completion and accept ante by the Cite of the impro~-enients in each trait of impro~ ement as the woi 1. m such unit is completed and accepted which certificates shall be executed b~ the ma~ui in the Hanle of the City and attested by the City Secretary with the corporate seal of the City impressed thereon and hall be pay able to tiie City of Foi•t Wor°th or its assigns and shall declare the wick amounts time and term ~+1' l~+a~ meat rate of interest and the date of the completion and acr•ep~tance of the improvements abutting upon uc i, prolerty for which the certificate is issued and shall contain the name of the owner or owners, if hn ~~n desc i iption of the property by lot and block number or front feet thereon oi• such other descip i.on as may otl erwisc identify the same and if the said property shall be owned by an estate then the description of anic~ as ~, owned shall lie sufficient and no error or mistake in describing am property cr ur o•i~ir.o• the name of thc~ ,woes shall invalidate ut• ui anywise impair such cei•trficate to the assessments let led The certificates shall prop idc: ubstiint ally that if same. shall nut bc, paid proniptl~ ulion maturity then the~~ sh 11 be c~,llec tal.~le with reasonable ctturne~ s fees uul c•u•a ,f ~ oll'c tu,n ,f inc°urred and shall provide substantially that the amounts evirlenced thereby shall be paid to the A~sessoi and Collectui of Taxes of the City of Fort t'~ orth '['eras who sha}1 issue his receil,t th ~re:foi .. hir I hill be e~ idence of such payment on any demand for the same and the Assessor and ('oliectoi• of• Tape l,iil deposit he ums so received by him forth with with tihe City Treasurer to be }:el,t and held I,~ silos in c sepal iie~ hind and when any payment shall be made it the City the Assessor and Cc llec for of 'C<rxes a .on uc li ~ ei ~ itic ,rte shill i.cpon ln•esentation to him of the certificate In the holder thereof endui•se said pay ment the •t•of 1f uc b cer t tic ate l,e assig•ned then the holder thereof shall be entitled to rec•ei~ e from the ('its Tr easur•r~r the ins +uiit p<iics upon the presentation to him of such certificate so endorsed and credited and uc h endnrsen ~-nt i .i i lit h it be the Treasurer s Warrant for mal.ing such pavrrient. Such payments h~ the 'I'reasu •e h ell I,c~ i c c, teck fr i the holder of such certificate in writinn and by su •i•ender thereof' when the prin+ pal i s 11 i ~.~ th < < rued interest ~tnd 11 costs of collection and reasonable attorney s fees i1' incurr•erk have been p ucl in full Said certificates shall furthei recite substantially that tl,~ In ocee.lings with i eference to making the imhrovements have been reg•tilail} had in compliance with the 1 ~~ uid tl ~t all prei•equi rtes to the fixing of the assessment }fen against the l:rrolierta described in such c~riiiicate end t~,E~ person,+l h<thilit~, of the owners thereof have been performers and sur,h recitals shall be. prima facie e~ idc nc !• Il { , iii ,tiers recited in uch certificates. and no furthei proof thereof shall be required m u~~ c•inu•t Said certificates may have ccnipuns ttarhed titer t,tu ut e~ i leis e of c ac li +i an. of file see eral installments thereof or may hia~ e coulxms for each of the first. four installments leayin~~ t ie main rei•ti['ic<ite to serve for the fifth installment. which coupons rosy be p:.i~ ai.>le to the ( t~ of Fort L'1 orth or it ass,gns may he igned with the facsimile signatures of the :~'k<tvor and Citt~ tiecretar~ 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 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-.._ APPROVED AS TO FORM AND LEGALITY '~r~+~ ~ ~~ City Attorney PROJECT NO 029-23129, ALTAMESA BOULEVARD, UNITIII, SOUTH_ LANE FROM 120' EAST OF McCART STREET TO LANDVIEW DRIVE to be improved by constructing a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high super- imposed concrete curb on a thirty-three foot traffic lane SOUTH SIDE J M B SMITH SURVEY BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT Hammer Properties Tr 3-D-1-A 386 5' Pavement Two North Park East Comm 376 5 Curb Suite 306 Dallas TX 75231 Hammer Properties Tr 3-D-2 103 79' Pavement Two North Park East Comm 103 79 Curb Suite 306 Dallas TX 75231 Michael Blubaugh Tr 3-D-3 Magna Development Co Apt P 0 Box 79508 Fort Worth, TX 76175 R N Horton Inc Tr 3-D 300 Bailey Street Apt Fort Worth TX 76107 Jerry L Thomas Tr 3-D-4 James Harris & Apt Robert Decker 5608 Malvey Fort Worth TX 76107 Gayle Joyce Bldg Co Tr 3-D-5 3125 W Bolt Apt Fort Worth, TX 76110 Westcreek Drive intersects 350 adjusted to 253 Pavement 243' Curb 140' No benefit 660' adjusted to 644' Pavement 634' Curb 328 17' Pavement 328 17' Curb $50 10 $19,363 65 2 25 847 13 $50 10 $ 5,199 88 2 25 233 53 (drainage easement) $50 10 $12,675 30 2 25 546 75 (drainage easement) (drainage easement) $50 10 $32,264 40 2 25 1,426 50 $50 10 $16,441 32 2 25 738 38 $20,210 78 $ 5,433 41 $13 222 05 -0- $33 690 90 $17,179 70 -1- PROJECT NO 029-23129, ALTAMESA BOULEVARD UNIT III, SOUTH LANE cont SOUTH SIDE J M B SMITW SURVEY BLOCK OWNER LOT ZONING FRONTAGE '.RATE AMOUNT ASSESSMENT Gayle Joyce Bldg Co Tr 3-D-6 659 79' adjusted to ( drainage easement ) 3125 W Bolt Comm 629 79' Pavement $50 10 $31,552 48 Fort Worth, TX 76110 629 79' Curb. 2 25 1,417 03 $32,969 51 Homecraft Land Development, Inc 1 P' 0 Box 6480 Fort Worth, TX 7611.5 c/o Jim Dunaway COUNTRYSIDE ADDLTION PHASE I 2 117 33' Side lot adjusted to Res 100' Pavement $13 25 $1,325 00 100` Curb 2 25 225 00 Brookhaven Trail intersects Southwood Baptist 1 Church, Trustee P 0 Box 16644 Fort Worth, TX 75133 14 260' Pavement Res 260' Curb $13 25 $3,445 00 2 25 585 00 $ 1,550 00 $ 4,030 00 Tesco R 0 W intersects _~ Total cost-to property owners (assessments) $128,286 35 Total cost to City of Fort Worth $190,523 00 Total estimated construction cost $318,809 35 _2_ Katy of .~o~-t V~orth, ~e~~~ J~Iayor and Councal Corrarn~,cn~cat~on. r DATE REFERENCE SUBJECT Benefit Hearing - Altamesa Boule- PAGE NUMBER Vard Unit III South Lane - d ~ /~nOQn G-4810 ~~.__.:.__ ~__-_______.._ ~ of 2 On December 3 1980 (M&C C-5416) the City Council declared the necessity for and .ordered the imprcvemerat of Altamesa Boulevard Unit 1I1 Project No 029-023-129-00, described beloea A construction contract was awarded to J L Bertram construction and Engineering, Tnc iri the amount of $300 763 54 and December 30 1980 was set as the date for at"ie benefit hearing All of the adjacent property owne~•s were notified of the "t•~ea~ing by certified mail on December 12 1980 Project Description Roadway ROW Street Limits Width-Feet Width-Feet Altamesa Boulevard 120' east of McCart 2nd of 2 Varies 47 5' Unit TII Street east to 33' Lanes to 54/5' (South Lane) Landview Drive Orig~.n of Project The Regional Transportation Study and the City of Fort Worth Major Thoroughfare Plan provided for Altamesa Boulevard to be developed as the first major east-west thoroughfare located south of axkd parallel to South Loop 820 Altamesa Boulevard from Hulen Street to McCart Street was constructed in 1973 and completion of that section west from Hulen Street to Cranbury Road has been provided for in the Wedgewood XII development The City and County jointly designed and constructed a rural type roadway section that would serve on an interim basis until further development warranted extending Altamesa Boulevard from McCart Street east as a fully designed thoroughfare On December 27 1977 (M&C C-4038) the City Council authorized Community Faciliti Contract No 9660 with R N Horton Inc for the development of Woodmont Addition Phase I which included the assessment paving of the north half of Altamesa Boulevard adjacent to this development in late 1979 Included in the contract was the construc~iori-of 120' of the south lane at McCart Street in order to completely signalise the intersection As a result of continuing development cn the south side !rf this segment of Altamesa Boulevard a contract was awarded on ,July ~7 1980 (M&C C-5172) for the r~.~~n.structicrn of the south lane bridge over the Edgecliff B~•anch of Sycamore Creek grading r~~'the TESCO easement and street exc«vation from just east of McCart Street east to Landview Drive just west of the Sante Fe Railroad Also included was the installation of required storm drainage facilities and ryppurtcnances The contractor has progressed on the above improvements to a point where a paving contract is now feasible • • _• DATE REFERENCE SUBJECT Benefit Hearing - Altamesa BOUIe PAGE NUMBER vard Unit III South Lane - 2 °f2 12 30 80 G-4810 Paving Improvements Improvements The paving contract will include the construction of major thoroughfare concrete pavement with concrete curb, a cross-over and left-turn lanes at Westcreek Drive a cross-over and a left-turn lane at Brookhaven Terrace, and a left-turn lane at Landview Drive Assessments and Enhancements In keeping with Standard Assessment Paving Policy, property zoned residential is being assessed $15 50 per front foot for pavement and curb whereas property zoned commercial and apartment is being assessed $52 35 per front foot for pave- ment and curb Based on recent appraisals of like property considering the improved access and drainage facilities it is the .opinion of the Public Works Engineering Division that all property will be enhanced in value in an amount equal to or more than the proposed assessment upon development Recommendation Tt is recommended that an ordinance be adopted closing the benefit hearing on Altamesa Boulevard .Unit I;II South Lane and levying the assessments as pro- posed ~ GGplg Attachment SUBMITTED FOR THE- CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY /h~ ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Gary GWyn CITY SECRETARY FOR ADDITIONAL IN FORMAT'^^' CONTACT Odell Schmidt, EXt 7805 DATE