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HomeMy WebLinkAboutOrdinance 8072~. 0RIDINA.]1TCE NO.~~ ~' ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ P~(I.(sR STREET 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• CATE$ 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 ~'O 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: ANA PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texaa, has heretofore ordered that each of the hereinafter described portions of streets, avenues and public .places in the City of Fort Worth, Texaa, be improved by raising grading, or ftlling same and by constructing thereon to-wit PREMIER STREET From 850' east of Sylvania to 1100' east, known and designated as Project No 021-36540, aseven- inch thick reinforced concrete pavement on a six- inch thick lime stabilized subgrade with seven- inch high superimposed concrete curb on a forty- foot roadway 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.- S. R. O. ASPHALT 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 1;he 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 1st day of-1"11 , 19~-, _ 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 _ protested that ted 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 mire fully accomplish the pu~•poses thereof and all desiring to be heard were given full and fair opportunity to he heard and the City Council of the City having fully considered all proper matter is of the opinion that the said hearing should ue closed and assessments shc)uld be made and levied as herein or•der•ed BE IT ORDAINED BY THE ('ITY COl<TN('IL OF THE CITY OF FORT WORTH TYr:XAS, 'THAT I. Said hearinQ• be and the same is hereby closed and the said I)rotest and 'oh•jertions, and an•y and all other protests and ol)•tecl.ions whether herein enumerated or of not be and the same are hereby overruled 11. The (.its (.ouncrl from the evidence tnds that the assessments herein levied should be made and levied against the 1•espec•tive parcels of property abutting upon the said portums of streets, avenues and public places and against the owners of such property and that sorb assessments acid charges are >•ight 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 sorb assessments are levied and establish substantial ,justice and equality and uniformity between the respective owners of the respective ln•operties, and between all parties concerned considering the benefits rec•eiyed and burdens imposed and further finds that in eru•I1 case the abutting property assessed is specially benefited in enhanced value to the said property b~ means of the said improvements in the unit upon which the particular' property abuts acid f•ol' wI)1(Ir assessmer?t ]s levied and rh4uge made in a sum in excess of the said assessment and c•har•ge made against the same b~ this ordinance and further finds that the apportion ment of the cost of the improvements is ]n avcordanc•e with the law in force in this City and the proceedings of the <'it.~ heretofore had with reference to said imp~•u~ ~n)ents, and is in all resliects valid and regular III 'There shall be and is hereby lei ied and a.>sessed rlgalnst the parcels cif pi•opert~ herein below mentioned and against the real rind true owners thereof (whetl~el such owners be rorrec•tl~ mimed herein or not) the sums of money itemised below opposite the desc•rlptu)n of the respe(tl~ e parcels ot• pro'pert~ and the several amounts assessed against the same and the owners thel•eof as fad as such owners ore l:nuwn being as follows IV Where more than one person, firm ot• corporation owns an interest in any property above described, each said person, fi~•m or corporation shall be personally liable only for its, her oi• his pi•o rata of the total assessment against such property i~~ 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 Tlie 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~) pe~• annum, together with reasonable atto~•ney 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.iinst 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 ownez•s 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 resl.~ective units, and shall bear interest from said date at the rate of si~.x .per cent (6 )per annum, payable annually with each install- ment, except as to the first installment, which shall be due and pavalaie 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 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 matus•es, then the entire amount of the assessment upon which such default is made shall, at the option of said City o.f Fort V4 orth or rts assigns be and become immediately due and payable, and shall be collectable, together with reasonable attorney s fees and cost of collection if incurred, PP~OVIDED however that acting through its duly authorized Director of Public Wog la the Cih of Fort Worth retains the right to authorize payment of the sums assesed against abutting prol.~ert~ upon such completed and accepted unit in .not more than forty-eight (4R) equal regular monthly installments of not less than $9 UU 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 PF~OVIDED FUPTHER that the Cit. Attorney is hereby empowered to autho~•ize payments of said sums of lessee installments and nor over a longer period of time in cases in which the Director of Public ~'l orks has preyiousl~ determined that an extreme financial hardship upon the property owner will otherwise result and PP-OVIDED FLI.THEI.• that such method of pay menu 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 I»nding note and mechanic s and materialman s contract upon forms supplied bt the City granting n mec•hanic• s lien upon and c~om eying the said abutting property in trust to secure the payment ht said owner or owners according to the terms thereof of the sums assessed against such property ~I. If default shall be made ~n the payment of ins assessment collection thereof shall be enforced either by the sale of the property b~ the Assessor and Collector ~f 'f'axes of said Cit. as Heal as possil_~le in the same man- ner provided for the sale of property for the non I~<cyment cif ad valorem tapes o at the option of the City of Fort Worth or its assigns, payment of said sums shall he enforced 1.~~ suit in an< court of competent jurisdic tion, or as provided in anv 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 rs in accordance with the proceedings of the City relating to said improverr~ents and assessments thereof and is less than the proportion of the cost allowed and permitted by t}ie 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 t:he right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate Notwithstanding the City Council has herein resel•ved the right to issue credits it steal] not 1>e 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 several assessment certificates to be issued the City of Fort Worth Texas as hereinafter provided shall be fixed and determined by deducting from the arrrount of any assessment hereinabove levied such amount or amounts if any as may hereaft,et• be allowed by the City Council as a credit against the respective assessments IX. For the purpose of evrdencing the several ums assessed against the respective parcels of abutting prop- erty and .the owners thereof and the time and terms oi' payment and to aid i r the enforcement and collection thereof assignal.rle certificates in the principal amount of the respectil e assessments less the amount of any re- spective credit allowed thereon shall be issued ley the City of Fort ~','or th Texas upon completion and accept ante by the Cite of the impro~errrents rn each unrt of improvement as the tiorl: rn such unit is completed and accepted whrch certificates shall be executed b~ the mayor m tl,e narue of the City and attested by the City Secretary with the corporate seal of the City impressed thereon .rnd hall lie lrrlable to tiie City- of Fort Worth or its assigns and shall declare the said amounts trine and terrn~ of l,al meat rate of interest, and the date of the completron and acc•eptanee of the rmproyements abutting ul,on such prolier•ty for whirl. the certificate is issued and shall contain the name of the owner or owners rf I.n ~~ n clesc t iptrun crf the property by lot and block number or front feet thereon or such other clescrp con as mal otl er•~~rse identify the same and if the said property shall be owned by an estate then the desc•r iption of anie as su u~~ ned sliall be sufficient and no error or mistake in describing am propertl cr w o•ilin~• the name of th, ,~,ner shall rmalidate or in an~~wise rmpair such certificate to the assessments lel ied The certificates shall prol rde ubshiltiall~ t at rf sanrc. hall nut lrc> paid pruniptl~ upon maturity then they sh 11 be c~,llectable H•ith reasonable ;rttorne~ s fees urcl a>;t:: f cull~ctrcn'r if incurred and shall provide substilIit12111\ that the amounts evi lensed ther•ehl shall be l,aui to the Assessor and Collector of Taxes of the City of Fort ~~orth Te~.as who shad issue hrs receipt therefor ~~ his I sh rll 1>e ~~ idence of such payment on any demand for the same and the Assessor rnd (crliector of Tapes hall delxrsrt he ums so reserved by }rim forth with wrth thc: Crt~ Treasurer to be kept <rnd held I>1 term in i separate fund ;rid ~tihen any payment shall be made it the ('its the Assessor and Cc liector of 'l'aser a ,on uc I~~ ~ ei ~! itic rte shill upon presentation to him of the certriicate b~ the holder thereof endur•se card palment the •r•"i' IF u<I~ cer•t iicate be assrgned then the holdel• thereof shall be entitled to rec•ei~e from the CIt~ Trea~ci•c~r the mr „art p<rid ulwn the presentation to him of such certificate so endorsed and credited and uch cnd.,rsen cnt .r ~i r in h it be the Treasurer s ~'Varrant for making such pavnient. Such payments b~ the Treasurer h,ll l,e rc c, teri frr the holder of such certificate in writing and by su •render thereof ~~hen the pruu pal t tl r ~.~,th ,< < cocci inter est. and cll costs of collection and r•easonahle attorney s fees it• rnun•r•erl hale been i ud in full Sard certificates shall further recite substantialll that th l~,r•ocee;linas ~~rlh reference to making the impro~ ements hay e been r•e~•ulai It had irr compli<uice ~~ ith the i ~ lncl t l ~ t all In creclur rtes to the fixing of the assessment hc:n an~ainst the property described rn sorb ,~r iticatc uu1 i.i,t, person,,! hahilit~ of the owners thereof have been perfornierl and such recitals shall Ire prirrra fac re e~ , lc n, !' Il i h matt t'rti recited in uch certificates. and no further proof thereof shall be requn'ed in and c•our•t Said certificates nral bare c•oupuns attache,! tl,eretc ul e~ r lerx e c l eac h n an. of fire see era! installments thereof or mal hay e coupons for eat h of tl,e first. 1•our inst<rllments le~cl in; the Illallr cer'tltl(21t.P. t0 SP.r'\'e for the fifth installment ~ hich coul~rons rnav be pal aisle to the C tl of Fort V4 rn•th ot• it assigns may Ire. igned with the facsimile ignatln'es of the l~'layor and (mitt Secretary 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, invaliditiea 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 pproperty 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 asaesa- 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 t ~_day of ~~'""'`-e- 19 ~ `~ . APPROVED AS TO FORM AND LEGALITY ~~ ------~. City Attorney PROJECT NO 021-36540, PREMIER STREET FROM 850' EAST OF SYLVANIA TO 1100' EAST, to be improve y constructing a seven-inc 1; is reinforced concrete pavement on a six-inch thick lime stabilizEd subgrade with seven-inch high superimposed concrete curb on a forty-foot roadway BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE Texaco, Inc 1 P 0 Box 52332 Houston, TX 77052 Cleon Gorbett, Trustee 2 Riverside Joint Venture c/o Gordon S Swift 103 Center Seven Mall, S L C 309 West 7th Street -Fort Worth, TX 76102 SOUTH SIDE Louis Engler Tract 1-M 117 Houston Ind Fort Worth, TX 76102 Vol 4232,Pg 371 Tarrant County Tract 1-L Elmwood Sanitarium Res Tarrant County Courthouse Vol 388-55 Fort Worth, TX 76102 Attn Henry D Hensley TEXACO INDUSTRIAL PARK 1 Ind 60' Pavement $55 48 60' Curb 1 48 $ 3,328 80 88 80 $ 3,417 60 1 Ind 1,022 7' Pavement $55 48 1,022 7' Curb 1 48 J C. McCOMAS SURVEY 635 8' Pavement $55 48 635 8' Curb 1 48 367 9' Pavement $14 02 367 9' Curb 1 48 $56,739 40 1,513 60 $58,253 00 $35,274 18 940 98 $36 215 16 $ 5,157 96 544 49 $ 5,702 45 1 PROJECT NO 021-36540, PREMIER STREET, continued OWNER LOT BLOCK FRONTAGE Z~N-ING SOUTH SIDE Tarrant County Detention 1 Center Site Res Tarrant County Courthouse Fort Worth, TX 76102 Attn Henry D Hensley, Public Works Director RATE AMOUNT ASSESSMENT TARRANT COUNTY DETENTION ,CENTER COMPLEX 78 37' Pavement $14 .02 $ 1 098 75 78 37' Curb 1 48 115 99 $ 1,214 74 Total cost to property owners ( assessments} Total cost to Tarrant Co & Hospital District Total cost to City of Fort Worth Total estimated construction cost $ 97,885 76 $ 6,917 19 $ 31,561 17 $136,364 12 2 ~,,~. ~/ !"+c?,,,F ~r i ~zt~ ®f' 1~~®rt ~~rt~,, ~Ce.~cas 1~ayor a C~un~al ~or~a.muaaaccstaon DATE REFERENCE SUBJiECT B.e,~,efi~i: H~c~S',fi~,ng -Assessment Pavi g PAGE NUMBER ~ 1 of 2 a~f Premier Street On March =~ 1980 ~.he Cit~:y Courx :il de~:~_s,r~ed tY~e ~:e~essity for and ordered the improvements on PremaLer Street Prot~:~t No 2.1-86540-00 as described below A r.onstructior:~. oni~rac:t wa.s~ swarded tta S- "R 0 Asphalt Inc , in the amount of $1279443 10 and Apr%1 ~~ 1980 was sE:t as t.Fae date for the Benefit Hearing All of the adtacent proper~~y owre~rs were t~otifie~, of the hearing by certified mail on March 14 1980 Protect Desc iFtion Roadway R 0 W ~Tnit Street ;G~ir__ Width-Feet Width-Feet II Premier 5tTM'~~t FL:om 850' East of Sy~.,rb~nia 40 60 A~~en~ss: to 1 .,"~50° East Origin of P-ro~ec.~ ~~. On 3'uly 3 1.979 ~M&C C-4717 Rrvis_~:dy~ f~he Gity Council authorized a Community Facili%ies Coo,* ,ra-car. wzicra he Riverside .~oih-a.t tiienture for the development of Lots 2 and 8 Blor_k ~., Tea~a.co Ind~.as~:rial Add syion The r_ontract stipulated the improve- ment of PrEmiea: S*Eeet on ~~he assessmNn~ pa~'ing basis Premier Street borders the development oru the soy^tk^, Improvements This segment Hof Premie Street is a continr~atnon ofr_he improvemdents in 1975 from Sylvania. Avena:~.e tc 850' mast Cu.r-cent imp~cv~ments consist of the construction of 7" thick cor,:c e.te pa~~emen.t with 7" sv.perimposed concrete .curb on a 6" l~.me sxabilized saabgrade Nay d ainage. ~ac;~~.it~e:s are required Assessments and Enhardcements All of 'she adja,:ent property w;~th ~.he e caption of the Tarrant County De'~c~nrion Center and the Tarr~~nt County Elmwoad Sar,,i~.~r u.~.~m is zoned industrial and is being assessed $56 96 per front foot for pavement and cux_b 20° wide The County property is zoned residential and zancler normal assessment proced.i~re would be assessed $15 SO pcx° front foot faL pavcmenfo and urb Tarrant County was noti- fied of ~rh.e proposed impro~yemen s the ama~an~i -of their assessment under normal ownership and req.aested ,~a, cor~s~ide:r participating in brae cost of the protect since Their pre~perty w_L11 be enhanw:ed as a result of the roadway improvements Tarrant County°s assessment is $6 917 19 On MarcT-A 12 1980 the Co~;nty notified the ~~~°.se.ssment Paving Office that. the Commissianers° Court approved the e~psnditure of the full amount and a check is forthcoming It is the opixai..;-r~ of the Public Works DyrectuLr that all of the adtacent proper- ties will snhar:,,.e i:ra ~:lue by as much or mo,_ e than the proposed assessments ;.:. DATE REFERENCE SUBJECT benefit Hearing -Assessment Pam ng PAGE NUMBER of Premier Street 2 ~ 4/1/80 G-4489 ~f Recommendation It is recGmmended th.a~:r:an ordinance be adopted closing the benefit hearing and levying the assessments as prop©sed VS plg Attachment APPROVED BY CITY CO~~CIL ~~~o ~~~ ~ eczetary thT Ci , E+>tp4 v~Fh C o~ gpXC FI ~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ~ ^ APPROVED ORIGINATING DEPARTMENT HEAD: Keith A Sm7Lt~'P: ~ i ^ OTHER (DESCRIBE) '~'~~~~ ~~~ ~ Q 7 Y CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT ~hn ~iOnes EXt 7901 DATE