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HomeMy WebLinkAboutOrdinance 8189ORDINANCE NO.,~ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _.HARLEY AVENUE _ _ _ 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$SE$SMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI GATES IN EVIDENCE WHEREOF RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY, CREDIT GRANTED DIRECTING THE CITY SECRETARY ~'0 EN GROSS AND Elr'ROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE 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 RAREFY AVENUE From Sutter Street to 160' west, known and de- signated as Project No 021=24294, afive-inch thick hot-mix asphaltic concrete pavement on a four-inch thick crushed limestone base with seven-inch high concrete curb and eighteen-inch ~~'' wide concrete gutter on a thirty-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 plans and in strict accordance with the Plans and Specifications therefor .and contract has been made and entered into with S.R.O.Asphal.t, 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 fixed therefor to-wit, on the-..._Zthday of-~ctab r , 19_$12, 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 that _ protested that that ted 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 all desiring to be heard were given full and fair opportunity to be heard and the City Council of the City having t'ull~ considered all proper matter is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered BE IT ORDAINED BY THE CITY COLTNCI)j. OF THE CITY OF FORT WORTH T)F:YA~, THAT I. tiaid hearing Ire and the same is hereby closed and the said protest and objections, and any and all other pr(>tests and ob,jec•tions whether herein enumerated or of not be and the same are hereby overruled. II The (. its (ounc•il from the evidence finds that the assessments hereur levied should be made and levied against the respective Irtrc•els of property 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 tl?e respective parcels oi' property Ire means of the improvements in the unit for wliic•h such assessments ~u•e levied and establish substantial ;justice and equality and uniformity between the respective owners of the respective properties and between all. parties concerned, considering the benefits received and burdens jmposed and further finds that in each ease the abutting property assessed is specially benefited in enhanced value to the said pi•opert~ b~ means of the said improvements in the unit upon b1{11cIi the Ir<u•ticul~u• property abuts and fur tihich assessment. is levied and charge made in a sum in excess of the said assessment and charge made against the s~tm(.-b~ this ordinance ~rnd further finds that the apportion went of the cost of the improvements is in aecordanc•e ~tiith the law in force in this City and the proceedings of the Cit. heretofore had with reference to said impro~ ~nients and is in all respects valid and regular III. "There shall be and is hereby lei ied and assessed ag<-inst the parcels of propert} herein below mentioned and against the real atld tPtle oNllel'S tllel'eOf (~tihetl?el such o~nei•s I>e correctly named Herein or not) the sums of money itemised below opposite the description o1' the respe(ti~ e parcels of property and the several amounts assessed against. the same and the owner thereof as fa) as such owners are known being as follows :~ I'4 ~'~'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 propot•tion 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 pt•opor•tionate 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 costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property .g.tinst 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 Citv ad valorem taxes. The sums so assessed against the abutting property and the owners thet•eof shall be and become due and payable as follows, to-wit in five (5) equal installments, due respectively on or before thirty (3U) days, one (1) two (L) three (3) and four (4) years from the date of completion and acceptance of the improvements in the respective unit, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of six per cent (6~ }per annum, payable annually with each install- ment, except as to the first installment which shall be due and pavabie at the maturity thereof so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property abutting upon such completed and accepted unit shall be and become due and payable in such installments and with interest froth 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 l.n•ompth as the same mattu•es, 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 tmmedratel~ 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 V~ or la the City of Fort Worth retains the right to authorize payment of the sums asGesed against abutting prol.~ertti upon such completed and accepted unit rn not more than forth-eight (4R) 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 (3(1) days after the completion and acceptance by the City of the particular unit. PFC)VIDl/D FL~P.THI:R that the City Attorney is hereby empowered to authorize payments of said sums of lesser installments and/oi over a longer period of time in cases in which the Director of Public Vborks has previously determined that an extreme tinancial hardslitp upon the property owner will otherwise result and PP.OVIDCD FUI:THI'.I~ that suc•li 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 4i~ orth a lawful ~ alid and binding note and mechanic s and materialman s contract upon forms suplrlied b~ the City granting a meehanic• 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 in the payment ot• ant assessment collection thereof shall be enforced either by the sale of the property b~ the Assessor and Collector of 'I'ases of said City as near as possil.~le in the same man her provided for the sale of property for the non payment ~~f ad valorem tales u; at the option of the City of Fort Worth or its assigns payment of said sums shall be enforced b~ suit in any court of competent jurisdic tion, or as provided in am 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 r•espect.ive parcels of abutting pr•uperty and the. owner thereof is in accordance with the proceedings of the Crty relating to said improvements and assessments thereof and is less than the proportion ~f the cost allowed and permitted by t}re law n force rn the City VIII. Although the aforementioned charges have k>een fixed levied and assessed in the respectrve amounts hereinabove stated the City Council does hereby reserve unto itself t:he right to reduce the aforementioned assessments bti allowing credits to certain property owners where deemed appropriate Notwrthstanding the City Council has herein reserved the right to issue credits, it shall not lre required to issue credrts, and will not do so if same would result in any equity andJor unjust discriminatron The principal amount of each of the several assessment- certificates to be rssued 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 k~e allowed by the City Counci] as a credit against the respective assessments IX. For the purpose of evidencing the several sums assessed against the respective l,arceks of abutting prop- erty and the owners thereof and the time and terms oi' payment and to aid in the erifot•cement and collection thereof assignal.~le certificates rn the principal amount of the reshectr~ e assessments less the amount of any re- spective credit allowed thereon shall be issued by the City of Fort ~?1 or th Texas upon completion and accept ante by the City. of. the rmpro~-enrents in each trnrt of impro~ ement as the t~or l: in such unit is completed and accepted which certificates shall he executed by the mayor to tyre ^arne of the Crt~ and attested by tyre City Secretary with the c•orpor ate seal of the Crty impressed thereon •urd h,rll he pat able to tiro Crty of Fort Worth or its assigns anci shall declare the said amounts, trine and term o1' I+a~ meat rate of interest, and the date of the completion and acc•epta~nce of the improvements abutting upon suc I+ property for which the certificate is issued and shall contain the name of the owner or :;wners if hn sari des i iptron of the property by lot and block numbei or i'ront feet thereon ~or uclt other clesup con as may utl er~~ rse identify the same and if the said pt•opei•t~ shall he owned by an estate then the description :>f' anie as ~~+ u~~ned shall be sutlicient and no error or mistake rn desc.ril.iir,g any property c r ur ~•i~ ir.o• the name of th,~ ,r~ ner shall rnt<liidate or in am~wise impair such certificate to the assessments lei reri The cer•tifi<<rtes shall provide ubstantiall~ chat if s<uire sfi ill nut b,~ paui pronrptl~ upon maturity then then sh 11 lie c ,llec table ~ rth re~isonable attorney s fees and , ,>a s f < oliec trop rf inc•uri•ed and sha)1 provide substantiail~ that the amounts eyr ]enced thei•eh~ shall LAP bard to th,~ Assessor rnd Collects+i of Taxes of the City of Fort. ~'tiorth '['eras who shall i suc; his receipt th is or «hrr•I h,cli be e~ idenre of such payment on any demand for the same aria the Assesscii anci Collect<~r nt Tale` hnl deposit he ums so received by him forth with with the City Treasurer to be kept and hold b~ him in c :;epaiate fund anci ~~hen ant payment shall be made it the City the Assessor and Cc lies toi of 'faxes a ion uc I~ r r .~ rlic rte shall upon presentation to him of the certificate Ln the holder tlieieof endorse card par nient the •e~oi~ li• uclr ce+•t ficate i~~e assinned then the holder thereof shall be entitled to rec•ei~ e from the C'it~ Tr easur<~r the rnr +enrt paid trpun the presentation to him of such certificate so endorsed and credited and uc h end +rsen c nt i ~i r Irt sh it Iro the Treasurer s Warrant for making such pavrrrent. Such payments h~ the '['resuu •r'. h ill i,r• r~xCi ter! f' r the Iroldei of such certificate in writing and l.iv su •render thereof ~~hen the In•rnc pal i ti ~ s~rth ~<<r•rreri int,~rE•st and 11 costs of collection and r•easonahle attorney s fees rf incurr•e,l have been yard in full Said certificates shall further recite substantiail~ thai the proses:+inr};s r~•rth reference to making the improvements have been i•eg•ulailt had in compliance r~iUr the 1 ~ ~i~~,l tl ~t all tnc•requr rtes to the fixing of the assessment lien against the property described in such ,~r iiicate urc! i,ltie~ pc;rsc,n~,l liahilit~ of the owners thereof hate been pei•formeci and such recitals shall l>e prirria facie e~ i is n !' li thf> ni rttc~rti re:rited in uch certificates. and na further proof thereof shall Le r•equn•ed m un~ court. Said certificates mat have coupons attached thereto u+ e~ uien eof eac it n xn~ c+f the see eral installments thereof or may h,i~e coupons for each of the first. four installments le<ivin the main c•ertificat.e to serve for the fifth installment which coupons may be pzi~al.ile to the C t~ of Fcn•t 'L1 orth ui its assigns m n Ire. igned with the facsimile signatures of the ;A'kayor anci Citv Secretary ,s 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 CJ~~2~~'~ 1g a u APPROVED AS TO FORM AND LEGALITY City Attorney PROJECT NO 021-24294 HARLEY AVENUE FROM BUTTER STREET TO 160' WEST to be improved by con- structing a five-inch thick hot-mix asphaltic concrete pavement on a four-inch crushed lime- stone base with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-foot roadway Six-inch thick concrete driveways will be constructed where specified BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE QUEENSBOROUGH HEIGHTS M M Austin 8 4 50' Pavement $ 3 92 $196 00 3850 Harley Res 50' Curb & gutter 11 58 579 00 76107 $775 00 M Laird McDonald 7 4 50' Pavement $ 3 92 $196 00 3934 Bryce Res 50' Curb & gutter 11 58 579 00 76107 $775 00 J B Martin 6 4 50' Pavement $ 3 92 $196 00 3858 Harley Res 41' Curb & gutter 11 58 474 78 76107 $670 78 SOUTH SIDE Jerry A Hudson 3 9 50' Pavement $ 3 92 $196 00 3857 Harley Res 50' Gutter only 5 79 289 50 76107 $485 50 Marjorie M Williams 2 9 50' Pavement $ 3 92 $196 00 3853 Harley Res 50' Gutter only 5 79 289 50 76107 $485 50 J Piner Powell 1 9 50' Pavement $ 3 92 $196 00 508 University Drive Res 50' Gutter only 5 79 289 50 76107 $485 50 Total cost to property owners (assessments) Total cost to City of Fort Worth $ 3,677 28 $17,745 23 Total estimated construction cost $21,422 50 ,f V >~7'~' c~a~~ ®f ' 1F®~°~ ~®~°th, ~~.~~~ Mayor ctaacl ~ounc~.l ~o~,~.~a~a,~cag~.on DATE REFERENCE SUBJECT Benefit Hearing - Assessment Pavi g PAGE NUMBER of Harley Avenue from Sutter 10/7/80 G-4708 ~tra~?f° t~ Wae~° 1F,fl~ ~ of On September 9 1980 (M&C C-5252) the City Council declared the necessity for and ordered the improvements on Harley Avenue Project No 021-024-294-00 as described below A construction contract was awarded to S R 0 Asphalt Tnc in the amount of $17,138 and October 7 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 September 19 1980 Project Description Roadway Right-of-Way Street Limits Width-Feet Width-Feet Harley Avenue Sutter Street to west 30 50 160' Origin of Project This project was initiated by a paving petition signed by the owners of 66% of the adjacent property and received in the Assessment Paving Office on February 1.9 1980 On March 19 1980 (M&C C-4478) the City Council authorized the Public Works Director to design the project and await future CIP funds to construct the project Th°e April 5 1980 bond election made funds available Tmprovem~nts This segment of Harley Avenue will be improved with residential type hot-mix asphaltic concrete pavement with concrete curb and gutter and driveway approaches No storm drainage facilities will be required since the grade of th.e street will be adjusted to provide adequate drainage Assessments. and Enhancements All of the adjacent property is zoned residential Consequently in keeping with standard policy properties are being assessed $15 50 per front foot for pavemen,E, curb and gutter plus the cost of driveway approaches where required Proper- ties on the south side of the street have existing concrete driveway approaches and curb only (no gutter) The driveways will be replaced i.n order to meet the grade of the new street at no cost to the property owners Where concrete curb exists the owners will be assessed one-half the rate for new curb and gutter (cost of gutter) It is the opinion of the Public Works Director that all properties will enhance in value in an amount equal to or greater than the amount of the proposed assess- ment DATE REFERENCE NUMBER SUBJECT Benefit Hearing - Aas~essment Pav ng PAGE G-4708 of Harley Avenue from Sutter J~of 2 10 80 _ S~r to e~ I60° - ~ Recommendation - . It ie recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed GG plg Attachment APPRUVED BY CITY CI~~NCIL ~.~ ~ ~s~o e ... ~ ,~.z--~,. C1 ecxetary of CMa C oP J?ozt Woxkh~ Toxge~ SUBMITTED FOR T - CITV MANAGER'S OFFICE BY: DISPOSITION BY COUNCIL: PROCESSED BV ` ..,. ^^ AP ROVED DEPAI TAMENT HEAD: Ke° n I@~re~ e~~~ m`t ~-p~°~~ ~ ~"~" e~ P ~ `'~N~'°,~'~,~' °~'~i,~G ~~CRI~~~~ V CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT e DATE