HomeMy WebLinkAboutOrdinance 8068ORDINANCE NO.~~ 8
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF__,~9S~. NnRTN~rnF nRrvF _
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE
('ITY OF FORT WORTH, TEXAS FIIi-ING 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
CATE$ IN EVIDENCE WHEREOF RESERVING UNTO THE CITY COUNCIL THE RIGHT
TO ALLOW CREDITS REDUCING THIL 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 AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth, Texans, has heretofore ordered that each o:P the hereinafter described
portions oP 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
EAST NORTHSIDE DRIVE From Trinity River Bridge to Samuels Avenue
Bridge, known and designated as Project No
021-36513, shot-mix asphaltic surface course
on a concrete base with seven-inch high super-
imposed concrete curb on a sixty-foot roadway
Six-inch thick concrete driveways will be con-
structed 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 Plana and in strict accordance with the Plans and
Specifications therefor .and contract has been made and entered into with Ashland-Warren. 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 flxeil therefor to-wit, on the 25th day of March ,
1g_gp_._, 9.30 A.M. , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at
such hearing the following protests and objections were made, to-wit
_ protested that
_ protested that
that
that
protested that
__-___-_` ___ ______ _protested that
-- ----------------- ----------------- -Protested that
protested that
protested that
__-__ -.__~____-____-_-___...___protested that
xnd 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
1'ull~ considered all proper matter is of the opinion that the said hearing should be closed xnd assessments
should be made and levied as herein ordered
BE IT ORDAINED $Y THE ('ITY COLTN('IL OF THE CITY OI•' FORT WORTH
7'H:XA~, 'THAT
I.
laid hear•in~• be and the same is herebv closed and the said protest and oh•tections, and any and all other
Irrotests and objections whether herein enumerated or u- not be ~rlld thEr same ~u•e hereby overruled.
II.
The City (.oUn(lI 1'rum the evidence finds that the assessments hereur levied should be made and levied
against the respec•t-ve lru•c•els of property xbuttrng upon the said portions of streets, avenues and public places
and against the gwners of such property and that such assessments and charges are right and proper and are
substantially in proportion to the benefits to the respective parcels of prvperh by means of the improvements
in the rmit for wliirh such assessments are levied, and establish substantial ,justice and eduality and uniformity
between the respective owners of• the respective I»•operties, and between all pai•tres concerned considering the
benefits rec•eiyeci and burdens imposed and further finds that in each case the abutting property assessed is
specially benefited -n enhanced value tq the said prober ~ b~ means of the said improvements in the unit upon
which the particular ln•crperty abuts xnd fo- NIl]Cl? assessment -s levied and charge made in a sum in excess of
the said assessment and charge made against the same bt this grdinanee and further finds that the apportion
meat of the cost of the inprovements is in ac•cor~dxnre ~ti-th the law in force in this City and the pr•oeeedings of
the (`it.~ Ilf'1'et0fol'e had tiith reference to card impro~ >?7?ents, and is in all respects valid and regular
III
There shall be and is herelr~ lei ied and issessed ~tg<rinst the parcels of f.n•opert~ herein below mentioned
and against the re~rl xnd true off Hers thereof (~ti Nether such o~ Hers, be c•orrectl~ named herein or not) the sums of
money itemised below oppos-te the description of• the respec tip e parcels uf• property and the several amounts
assessed against the same and the owners thereof <-s far as such owners are l:npwn being as follows
ti
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 het- 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 sevet•al 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 at•e 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 (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 ;ix per cent (6 ) het- annum, payable annually with each install-
ment, except as to the first installment, wliich 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 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 insl:allment 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 Worth or its assrg•ns be and become immediately due and payable, and shall be
collectable, together- with reasonable attorneys fees and cost of collection if incurred, PFOVIDED however
that acting through its duly authorized Director of Public VC or la the City of Furt Worth retains the right to
authorize payment of the sums assesecl against abutting property upon such completed and accepted unit in not
more than forth-eight (4R) 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 Citv of the particular unit PP~OVIDED Fi. PTHEF 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 ~'~ of ks has previously determined that an extreme financial hardship upon the property owner will
otherwise result and PROVIDED FUY.THEI., that such method of payments shall be authorized only in instances
where the owner or owners of property abutting upon such completed and ~iccepted unit shall have executed and
delivered to the City of Fort forth a lawful ~alyd and binding note and mechanic s and materialman s contract
upon forms supplied b~ the City granting a mechanic- s lien upon and c•omeving 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 made in the payment of ant assessment collection thereof shail be enforced either by
the sale of the property In the Assessor and Collector of Taxes of said City as near as possible in the same man
ner provided for the sale of property for the non. prtymet;t of ad ~ alorem taxes o at the option of the City of
Fort Worth or its assigns, payment of said sums shall he. enforced b~ suit rn any cotu•t of competent jurisdic
tion, or as provided in and mechanic s or mater•ialman 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 relatrng to said improvenie~nts and assessments thereof and is
less than the proportion of the cost allowed and permitted by the law n force rn the City
VIII.
Although the aforementioned charges have been fixed levied and assessed in the respectrve amounts
hereinabove stated the City Council does hereby reserve unto rtself t:he right to reduce the aforementioned
assessments by allowing credits to certain pi°oper°ty 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 the sever.•al 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 agarnst the respective parcels of abutting prop-
erty and the owners thereof and the time and terms of payment and to aid rir t:he enforcement and collection
thereof assignal.)le certificates in the principal amount of the respectr~ e assessments less the amount of any re-
spective c°redrt allowed thereon shall be issued by the City of Fort ~~ or th Testis upon completion and accept
ante by the (`ity of the impro~•ements in each unit of improvement as the wort. in such unit is completed and
accepted which certificates shall be executed by the mayor in the Hanle of the Citv and attested by the City
Secretai°v with the corporate seal of the City impressed thereon and hall lte payable to tite City of Fort Worth
or its assigns anti shall declare the said amounts, time and tei•rn of lrrt ment rate of interest, and the date of
the completion and acreptanre c f the rmproyements abutting upon such propert~~ for whuh the certificate is
issued and shall contain the name of the owner or owners rf l.n ~~ n desc ~ rptiun of the property by lot and block
number or front feet thereon or uch other desciption as may utl erwrsc, rdentifv the same and if the said
property shall be owned by an estate then the descriptron of ante as su owned shall be sufiic°ient and no error or
mistake in describing am property or ur gry ir.o• the nanre of thE~ ,u Her shzdl rm alidate or in am wise impair
such certificate to the assessments ley red
The certificates shall proy rde ubst<uttially t tat if san)c hall nut 1)r~ paui pre)nrptly upon maturity then
they sh Il be culler table with reasonable rttorney s fees and r~o t f r•olle< trop rf incurred and shall provide
substantially that the amounts e~-r ~lenced there~l,~ sh~lll he pzu~l to tht~ A sessu) rnd Collector of Taxes of the
City of Fort ~~'orth 're~as who shall issue hi receipt there rn «h)r I h rll be ~~ rdence of such payment on any
demand for the same and the Assessor utd Colic~ctor of -['ales h rl dept stt he sums so received by him forth
with wrth the Crty Treasurer to be kept <rnd held I)~ him in i. separate frtud and when ant payment shall be
made rr the City the A lessor and Cc liector of 'I•axes a )un uc I~ r erotic rte shill upon presentation to him of
the c•ertrticate 1n the holder thereof endorse said p<ry meat thr •eut' li uc 1) ce)•t tic ate be assigned then the holder
thereof shall be entitled to receive from the Crt~. '),reasurer the utwnn+~ paid upon the presentation to him of
such certificate so endorsed and credited <rnd such end u•sen c~nt .r ~i r lit sh it be the Treasurer's Warrant for
nraking such payment such payments })~ the 'I'reasurei h rll !re rc er teri f r the holder of such certificate in
writing and 1)v su -render thereof' when the ln•inc pal i ti ) ~.y~th uc rue,i interest and :11 costs of collection
and reasonable trtt()1'11P.1 s fees i1' rncurr•ed hate been yard in full
Said certificates shall further recite sub<;t~uitially that the ln•oceedings w•rih reference to making the
impro~~ements have been i•egulail} had in compliance y+ith the 1 ~~ utd tl ii all prerequisites to the fixing of the
assessment hc:n a~•ainst the property described rn such cr~r+. riu ate urd t.l~c~ persc nal liahilit~ of the owners thereof
hate been performed and sur_h recitals shall 1)e prirria facie eyiclr~n !' Il th nr rttcrti recrted fir uc•h certificates.
<rnd no further proof thereof shall Le required in any ri>ui•t.
Said certificates niay have coupons attached thereto in e. i -lent e r i' c~ac it n any nf• the ley er a] installments
thereof or may hay e c°oul)ons for ear h of tl~e first four rnst~illments le~ryin thr~ m~rin rei•trfrc•at.e to serge for the
fifth installment which coul~ions may be parable to the C ty of Fur-t 1'4orth rn it assigns mar be igned with the
f~icsimile signatures of the A'iayrn and t'ity ~~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 ather additional recitals pertinent or appropriate thereof, and it
shall not be necessary that the recitals be in th.e 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 irnprovementa in any unit are in nowise affected by the improve-
ments or assessments in any other unit, and ins making assessments and in holding said hearing, the amounts
assessed for improvements in any one unit have been in nowise connected with the improvements or the assess-
ments therefor in any other unit.
XIII.
The assessments levied are made and levied under and by virtue of the terms, powers and. provisions of an
Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106
of the Acts of said Session and now shown as Article 1106b of Vernon's Texas Civil Statutes, which Act has been
adopted as an amendment to and made a part of the Charter of the City of Fort Worth, Texas.
XIV
The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same
in the Minute Book of the City Council of Fort `lVortii,, 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 '~`S-day of ~''~'"`'~`' 19~
APPROVED AS TO FORM AND LEGALITY
City Attorney
PRtlJECT N0 _ 021-36513, EAST NORTHSIDE GRIVE, FROM TRINITY RIVER BRIDGE TO SAMUELS AVENUE
BRIDGE, to be improved by constructing a hot-mix asphaltic surface course on a concrete
base, with seven-inch high superimposed' concrete curb on a sixty-foot roadway Six-inch
thick concrete driveways will be constructed where specified
BLOCK
OWNER LOT ZONING FRONTAGE
NORTH SIDE F G MULLIKIN SURVEY
Tarrant Co Water Tract 8 76' Curb
Control Board Ind 263 S F Driveway
800E Northside Drive Vol 3445
Fort Worth, TX Page 1
76102
Crowley-Stewart Co Tract 21 164 7' Curb
526 Roberts Cut-off Ind 682 S F Driveway
Fort Worth, TX Vol 3445
76114 Page 316
Attn John H Stewart
Dean Meat Co 8 1-R
P 0 Box 4155 Ind
Fort Worth, TX 76106
North Park Drive intersects
Joe W Ogburn's 3 2-R
Brake & Equipment Ind
P 0 Box 4510
Fort Worth, TX 76106
Tesco Tract 7-A
P 0 Box 970 Ind
Fort Worth, TX 76101
NORTHPARK INDUSTRIAL
164' Existing facilities
$1 91 $314 58
3 71 2,530 22
$2,844 80
193 73' Existing facilities
F G MULLIKIN SURVEY
75' Curb
RATE AMOUNT ASSESSMENT
$1 91 $145 16
3 71 975 73
$1,120 89
$1 91
-0-
-0-
$143 25
$ 143 25
1
PROJECT NO 021-36513, EAST NORTHSIDE DRIVE cont
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NORTH SIDE NORTHPARK INDUSTRIAL
Leo Bradshaw 1 2-R
P 0 Box 4487 Ind
Fort Worth, TX
76106
SOUTH SIDE
Four-way Properties, 5-A
Inc Ind
2630 W Freeway
Fort Worth, TX 76102
Tesco Tract 7-A
P 0 Box 970 Ind
Fort Worth, TX 76101
J D Aston 2
2502 Cullen Ind
Fort Worth, TX 76107
Utility easement
Northpark Venture #1 1
c/o Nick Rose Dev Co Ind
2630 W Freeway Suite 128
Fort Worth, TX 76102
216' Curb $1 91
NORTHPARK BUSINESS CENTER
254 2' Frontage
186' Curb $1 91 $355 26
271 S F Driveway 3 71 1,005 41
$1,360 67
F G. MULLIKIN SURVEY
75' Curb $1 91
NORTHPARK BUSINESS CENTER
230' Curb $1 91
$412 56
$ 412 56
$143 25
$ 143 25
$439 30
$ 439 30
25'
208 16' Curb
$1 91
$397 59
$ 397 59
2
PROJECT NO 021-36513, EAST NORTHSIDE DRIVE, cont
BLOCK
OWNER LOT ZONING FRONTAGE
SOUTH SIDE
Tarrant Co Water
Control Board
800E Northside Drive
Fort Worth, Texas
76102
FRUHWIRTH ADDITION
RATE ~4MOUNT
A 247' Existing facilities
Ind
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS
TOTAL COST TO CITY OF FORT WORTH
TOTAL ESTIMATEC CONSTRUCTION COST
ACCCCCAAC I,IT
-0-
$ 6,862 31
$142,229 89
$149,092 20
3
~~~~. ~~.
•
•
•
City of l~~ort Worth, texas
.A~7ayor and ~o~~a,~~l Com.rn.-a,~naccat~oaa,
DATE REFERENCE SUBJECT BenEf~t.. Hearing - East Northside PACE
NUMBER Drive Paving` and Drainage
3/25/80 G`4484 Tmprovements lof 2
On February 26 1980 (M&C C-4999) the City Council declared the necessity for
and ordered the improvements on East Northside Drive Project No 021-36513-00
as described below A construction contract was awarded to Ashland-Warren, Inc ,
in the amount of $139 338 50 and M'.arch 25 1980 was set as the date for the
Benefit Hearing All the adjacent property owners were notified of the hearing
by certified mail on March 7 1980
Project Description
Roadway ROW
Street Limits Width-Feet Width-Feet
East Northside Drive Trinity River Bridge 48 to 60 130-155
East to Sam.uel~ Ave
Origin of Project
On February 7 1977 (M&C C-3669) the City Council approved a Community Facili-
ties Contract with Four-Way Properties Inc for the development of North Park
Business Center which is located on the south side of East Northside Drive and
west of Samuels Avenue The contract did not stipulate the upgrading of East
Northside Drive Howevez° the developer arnd other property owners requested
the street be improved to provide continuous ~.urb and better access to their
businesses
On November 14 1978 (M&C C-4418) the City Council approved an engineering
contract with Farrington and Associates. Ync to perform the engineering
design service and prepare plans a.nd specifications for the improvement of East
Northside Drive to include the widening to five lanes required left turn lanes
and median openings curb and gutter drainage facilities and required appur-
tenances
lmprovements
East Northside Drive will be improved by removal of the asphalt surface removal
of a portion of the concrete median and replace it with a new concrete base
repair existing concrete base failures and widen the base from 48 to bD' to
include construction of a concrete: superimposed curb and construct a.x~ew hot-mix
asphaltic concrete surface course the length of the project Storm drainage will
consist of 576' of concrete pipe and appurtenances
Assessments and Enhancements ~
All of the adjacent property is zconed industrial Standard City policy states
that under street reconstruction or widening proper~y zoned other than resi-
dential shall be assessed for non existing curb gutter and driveway approaches
•
•
DATE REFERENCE SUBJECT Benefit Hearing - East Northside PAGE
NUMBER
Drive Paving and Drainage
3 25y~80 G-4484 Im rovements -~°f~-
plus widening The assessment paving policy for new street construction also
im~.ts the amounts to be assessed on a 40 - 64' wide street to 20' of paving
from the face of the curb toward the center of the street East Northside
Dxi~re has previously been constructed to a 48' wide roadway and assessed
accordingly Consequently on this project, property owners will only be
assessed for non-existing concrete curb and driveway approaches which amounts
~:o apprn~ximately $6 862 31
It is the opinion of the Public Works Director that each parcel of property
being assessed will enhance in value in an amount equal to or more than the
prop:~sod assessment as a result of the improvements
Recommendation
It is recommended that an ordinance be adopted closing the benefit hearing and
levying the assessments as proposed
~S plg
Attae.h..ment
'APPROVED BY
~ CITY CQU~iCIL
MAR ~~ 1980
~~
SUBMITTED FOR THE
ABY GER'S
I ecretazy
DISPOSITION BY COUNC ~~ Gt ~pIC WO
C f the
~PR~),Cy~SED BY
O
FFICE
.~ ^ APPROVED
ORIGINATING ~
D q~ ^ OTHER (DESCRIBE)
l`
"
~
EPARTMENT HEAD• Kelth A Smlth S; ~` ~~ y r~'~ 'u
~~~ F~.~,~
+ o ,~ ~ O ~ CITY SECRETARY
FOR ADDITIONAL INFORMATION ~~ . c. u ~
CONTACT John Jones, EXt 7901 DATE