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HomeMy WebLinkAboutOrdinance 81490.~ ORDINANCE NO.--~ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _S~ARI~BTIIE 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- GATES IN EVIDENCE WHEREOF RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENTS OF ANY, CREDIT GRANTED DIRECTING THE CITY SECRETARY ~'0 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 CITYt AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City oP Fort Worth, Texas, has heretofore ordered that each of the hereinafter described portions oP streets, avenues and public .places in the City oP Fort Worth, Texas, be improved by raising, grading or fllling same and by constructing thereon to-wit STUART DRIVE From Bewick to Shaw, known and designated as Project No U13-24288, aseven-inch thick hot mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven inch high concrete curb and eight- een-inch wide concrete gutter on a forty-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- AUSTIN ROAD COMPANY 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 5th day of August - , 19 80 7.30 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 ted that - protested that _protested that _protested that 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 put•poses 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 >Je closed and assessments should be made and levied as herein ordered BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH 7'16:~A~, 'THAT I. tiaid heat•in~• be and the same is herebv closed and the s}tid protest and objections, and an•y and all other I)rotests and ob•ject.ions whether herein enumerated or of not be arld the same ru•e hereby ovet•ruled II. The (.its (.uun<il from the evidence finds that the assessments herein levied should be made and levied <-gainst the respective parcels of property abutting upon the said portions q#' streets avenues and public places and against the ownel•s of such property and that such assessments Rlld 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 are levied and establish substantial ;fustiee and equality and uniformity between the respective owners of the respective properties, and between all parties concerned, considering the benefits received and burdens imppsed and further finds that in each ease the abutting property assessed is specially benefited. in enhanced value to the said prol)el ~ bt means pf the said improvements in the unit upon v hu•h the particular property abuts and fur v hic•h asu~ssmer?t is levied and el)arge made in a sum in excess of the said assessment and charge made against the same b~ this ordinance and further finds that the apportion- ment of the cost of the improvements is in ac•curdanc•e ~~ith the law in force in this City and the proceedings of the ("it.~ heretofore had tiith reference to said impro~ ~lturnts• and is in all respects valid and re~ulal III There shall be and is hereby lei ied and assessed against the parcels of prupert~ herein below mentioned and against the real and true oH•ners thereof (~ti hethel such uN Hers be c•urrec•t1~ named herein or not) the sums of money Itt'nll'/.Ed bE'iON opposite the description of• the respec tl~ e parcels oi• property and the several amounts assessed against the satt-e and the inners thel•eot' as far as st-rli owners are known being as follows IV ~'~'here more than one person, firm or corporation owns an interest in any property above described, each said person firm or corporation shall be personally liable only for its, her or his pro 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 Tl~e 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, ai•e hereby declared to be and are made a lien upon the Iespective 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 fit•st enforceable lien and claim against the property on which such assessments are levied, and shall be a first and pat•amount 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 sorb completion and acceptance Provided however that anv owner shall have the right to pay the entire assessment, or anv 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 collection if incurred PROVIDED however that acting through its duly authorized Director of Public V~ orla 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 (-IR) equal regular monthly installments of not less than $9 OU each the first of such installments to become due and payable not more than thirty (3f)) days after the completion and acceptance by the City of the particular unit PP~OVIDED FL.~RTHEP~ that the Cit. Attolne~ is hereby empowered to authorize payments of said sums of lesser installments and/ot Dyer a longer period of time in cases in which the Director of Public R or):s has previously determined that an extreme financial hardshlp upon the property owner- will otherwise result and PROVIDED FURTHEI: 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 ~'~oI•th a lawful valid and binding note and mechanics and material?rlan s contract upon forms supl.Ilied In the Cite granting a mechanic s lien upon and com eying the said abutting property in trust to secure the payment h~ said o~ti°ner or owners according to the terms thereof of the sums assessed against such property ~I. If default shall be Blade in the payment of any assessment collection thereof hall be enforced either by the sale of the property b~ the Assessor and Collector of Tales of sold City as near <ts possil,~le in the same man- ner provided for the sale of property for the IIOIl-pay"Illelit of ad ~ alorem tapes u at the option of the City of Fort Worth or its assigns, payment of said sums shall hc~ enforced b~ suit In any court of competent jurisdic tion, or as provided in any mechanic s or materialman s contract as aforesaid and Bald 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 proper•t•y and the, owners thereof rs in accordance with the proceedings of the City relating to said improvements and assessments thereof and is less than the proportion of the cost allc,wed and permitted In 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 by 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/ar unjust 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 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 agaurst the respective parcels of abutting prop- erty and the owners thereof and the trine and terms of payment and to aid ~~~ t:he enforcement and collection thereof assignable certificates in tl)e principal amount of the respec•tr+e assessments less the amount of any re- spective credit allowed thereon shall be issued 1>v the City of Fort ~'1 or th Texas upon completion and accept ante by the C`iti~ of the improvements rn each unit of rmpro~ement as the ~orl. to such unit is completed and accepted which certificates shall be executed b~ the mayor rn f.l)e name of the Crtv and attested by the City Secretary wrth the corporate seal of the Cite rnrpressed thereon tnrl hull be 1)a~ able to ti)e City of Fort Worth or its assigns anti shall declare the said amounts trine and term o1' l,<t~ meat rate of interest and the date of the completion and acc.•eptance of the rmpro+emer.ts a1)trtting trl,nn uc h property fur whirl; th certificate is issued and shall contain the name of fire owner or• owners if l.n ++n clesc ~ iptrun of the propert+ I:)~ lot and block number or front feet thereon ur such other clesup ion as ma+ utl er++rse, rdentify the same and if. the said property shall be owned by an estate then the descriptron :~f ~u1re as su a+anecl shall be suflic•ient and no error or mistake in desc.ribrng am [.n•opert+ cr in „i+ino• the name ~>f thc~ ,++ner shill rn+alidate ~~t• to tlnywise impair such certificate to the assessments le+ red The certificates shall pro+ule ubstantiall+ that rf s<unc shall nc 1 Im paid prumptl+ ulx)n maturity then then sh Il be collet tal)le with reasonable irtturne+ s fees rncl „•;i f c oll>c trop if incurred and shall provide substantiall+ that the amounts eyi lenc•ed ther•el)+ shall he ]rod to th~~ Assessor and Collector of Taxes of the City of Fort. ~'~orth '['exas who sh~~il issue hr receipt there or ++hrc 1 hill be ~+rdence of such payment on any demand for the same and the Assessor anti Collector of T<r~es Thal deposrt he sums so received by 11im forth with wrth the Crt+ Treasur•et to Ire kept and held h+ him in c separ ¢rte f•rrnd and ++hen an+ payment shall be made it the Cit+ the A lessor and C< liector of 'faxes a ~,on u, h ~ ~rirtic rte shall neon ln•esentation to him of the certificate b~ the holder ther euf endorse lard pay ment the earl 1 r uc•l.r ce~•t iicate be assr~ned then the holder thereof shall be entitled to rec•ei+e from the Crt+ Treasurer the uu,~u,+ p<cicl ulx,n the presentation to him of such certificate so endorsed and credrted and such end ,rsen c•nt .r i r lrt h it be the Treasurer s Warrant for making such pavnrent. Such payments h+ the 'I'reasurrr hull l,e is c, terl f' ~ the holder of such certificate in writing and by su •render thereof' ++hen the lrr•rnc l,<:l t.>~~'tl cr ++ith , ~ r•ut~cl interest: and 11 costs of collection and reasonable attorney ~ fees if incurred h~r+e been 1) ucl ur full Said certificates shall further recite substantiull+ that the l~,rc)cee;lrngs ++•ith reference to making the impro~~ements Ita+e been r•et•ularlti h<td rn comhhance wrth the. 1 +~ irul tl ,i all prc~requr rtes to the fixing of the assessment lien against the property desc riled to such eriific ctc cn 1 t.~u~t lrersun~,i hahilit~ of the owners thereof hate been performed and such rec•rtals shall 1)e puma fac•re e+rtlc n i' 11 th m rtlc~r~ recited rn urh certrficates and no ftn•tlrer proof thereof shall le requn•ed in <ur~ c hurt. Said certrficates ma+ have coupons attached ti,erc,to rn e+r len e ul' each >r ~rn+ of fire several installments thereof or may have coul)ons for each of tl,e first four rnstallments leavln~ the mare certificate to serve for the fifth installment which coupons may be pay al)le to the C t+ of Fort ~'1 urt h or rt assrgns may le igned with the facsimile srgnatures of the ;A'Iavur anti City ~ecretarv 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 unite 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, ia, 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. III. 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 J~~ day of ~~ 19~L APPROVED AS TO FORM AND LEGALITY ~'C~c~~C~ ~ ~~~~ City Attorney PROJECT NO 013-24288, STUART DRIVE FROM BEWICK TO SHAW, to be improved by constructing a seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a forty-foot roadway Six-inch thick concrete driveways will be constructed where specified ZONING OWNER LOT BLOCK FRONTAGE RATE AMOUNT ASSESSMENT ..~---- WEST SIDE RYAN & PRUITT ADDITION Angelo Suasnovar 13 52 50' Pavement $33 15 $1,657 50 2820 S Grove Ind 50' Curb & gutter 7 38 369 00 Fort Worth, TX 76110 $2,026 50 Hazel F Owens 14 52 50' Pavement $33 15 $1 657 50 Route 5 Ind 50' Curb & gutter 7 38 369 00 Atoka Okla 74525 85 S F Driveway 3 32 282 20 $2,308 70 G & S Investment Co 15 & 52 100' Pavement $33 15 $3 315 00 2431 Stadium Drive 16 Ind 100 Curb & gutter 7 38 738 00 Fort Worth, TX 76109 155 S F Driveway 3 32 514 60 $4,567 60 Stuart Drive Joint 17 thru 52 250' Pavement $33 15 $8,287 50 Venture 21 Ind 50' Curb & gutter 7 38 369 00 P 0 Box 1622 116 S F Driveway 3 32 385 12 Fort Worth, TX 76101 $9,041 62 Joe Bagwell 22 52 50' Pavement $33 15 $1 657 50 6013 Greenfield Road Ind 50' Curb & gutter 7 38 369 00 Fort Worth TX 76135 116 S F Driveway 3 32 385 12 $2 411 62 Bob Christopher 23 & 52 100' Pavement $33 15 $3,315 00 33 00 Stuart Drive 24 Ind $3,315 00 Fort Worth, TX 76110 -1- PROJECT NO 013-24288, STUART DRLVE FROM BEWICK TO SHAW, continued ZONING OWNER LOT BLOCK FRONTAGE RATE AMOUNT ASSESSMENT EAST SIDE RYAN & PRUITT ADDITION Flamingo Pools, Inc 1 53 50' Pavement $33 15 $1,657 50 3508 S Freeway Ind 50' Curb & gutter 7 38 369 00 Fort Worth, TX 76110 $2 026 50 Kerry E Mosley 2 53 50' Pavement $33 15 $1,657 50 2263 8th Avenue Ind 50' Curb & gutter 7 38 369 00 Fort Worth, TX 76110 $2 026 50 Tom L Tipton 3 53 50' Pavement $33 15 $1,657 50 701 Singleton Blvd Ind 50' Curb & gutter 7 38 369 00 Dallas, TX 75212 $2 026 50 C H Gremminger, Jr 4 53 P 0 Box 58 Ind Aledo, TX 76008 Victor Magana 3612 S Jones Fort Worth, TX 76110 E L Lackey 3321 Stuart Fort Worth, TX 76110 Clyde D Bishop Route 1, Box 156A Glenrose TX 76043 5 53 Ind 50' Pavement 50' Curb & gutter 50' Pavement 50' Curb & gutter 155 S F Driveway 6 53 (Owner occupied) Ind 50' Pavement 50' Curb & gutter 7 53 50' Pavement Ind 50' Curb & gutter 85 S F Driveway $33 15 $1,657 50 7 38 369 00 $2 026 50 $33 15 $1 657 50 7 38 369 00 3 32 514 60 $2,541 10 $20 63 $1,031 50 7 38 369 00 $1,400 50 $33 15 $1,657 50 7 38 369 00 3 32 282 20 $2 308 70 -2- PROJECT NO 013-24288, STUART DRIVE FROM BEWICK TO SHAW, continued ZONING OWNER LOT BLOCK FRONTAGE RATE AMOUNT ASSESSMENT Ray Cunningham 8 thru 53 250' Pavement 409 W Main 12 Ind 250' Curb & gutter Crowley, TX 76036 194 S F Driveway Total Cost to Property Owners (Assessments) Total Cost to City of Fort Worth Total Estimated Construction Cost $33 15 $8,287 50 7 38 1,845 00 3 32 644 08 $10 776 58 $ 48 803 92 $ 16 341 22 $ 65,145 14 -3- ,,~ ~LE '+~ HERCHERT BAILIFF " " ~ ~^~' %/ ®~ '(iW~LL.tY ~®LL/IV~~L/~lV ~®~~ LL/W~~~l/'~N/~q/~®~ SMITH ~ E$, DATE REFERENCE SUBJECT Benef it Hearing - Assessment pA~E NUMBER Paving of Stuart Drive 2 8/5/80 G-4639 io>: On July 8 1980 (M&C C-5152) the City Council declared the necessity for and ordered the improvements on Stuart Drive Project No 013-24288-00, as des- cribed below A construction contract was awarded to Austin Road Company in the amount of $56 159 60 and August 5 1980 was set as the date for the benefit hearing All of the adjacent property owners were notified of the hearing by certified mail on July 18 1980 Roadway R 0 W Street Limits Width-Feet Width-Feet Stuart Drive Bewick to Shaw 40 60 Origin of Pro°ect This project was initiated by a paving petition signed by the owners of 54 5 per cent of the adjacent. property and received in the Assessment Paving Office on September 17 1979 On November 29 1979 (M&C G-4382), the City Council authorized the Public Works Director to design the project and await future Capital Improvement funds for construction and funds were made available in the April 5 1980 Bond Election Improvements Stuart Drive is presently paved with penetration pavement which is in poor condition with no curb and gutter except in front of two new buildings Improvements will include construction of industrial grade hot mix asphaltic concrete pavement with concrete curb and gutter and required concrete drive- way approaches No drainage improvements are required Assessments and Enhancements I.n keeping with the standard assessment paving policy and since all of the adjacent property is zoned T Light Industrial except one all. parcels of property are being assessed $40 53 per front foot for pavement and curb and gutter and receiving credit where curb and gutter exists The other parcel contains a residence and is a homestead Consequently owner occupied credit is authorized and is being assessed $28 O1 per front foot for pavement and curb and gutter Total proposed assessments on all adjacent property is $48 803 92 Based on previous appraisals of similar property the improved and controlled drainage and the new wide roadway it is the opinion. of the Public Works .. DATE REFERENCE SUBJECT Benefit Hearin -Assessment g PAGE NUMBER 8/5/80 G-4639 Paving of Stuart Drive 2 ,f 2 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 1t is. recommended .that an o. r:dinance be adopted closing the benefit hearing a.nd levying the assessments as proposed ~JS ms Attachment APPROV JNCIL CITY CO I~uc ~ ~ggo cx ec~atary of cha C o! Fort Worth. Tax~,>A SUBMITTED FOR THE CITY MANAGER`S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE 8Y: ^ APPROVED ORIGINATING DOTED D CE t~E~CRIHE),a~~~ ~J~/ Of~C~~~~~ EPARTMENT HEAD: Keith A Smi th QQ ~ CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Sohn ~~ Jones ,ext. 7901 DATE