HomeMy WebLinkAboutOrdinance 4686 OFFICIAL �REv0�y0
ORDIAIAE CE NO.
a
ORDITANCE CLOSING �.'EARII'IG A:D L TY-LNG ASSaSSI ENTS F
THE COST CF ITTROVIIrG A POITIOA OF KITWALL TLV7. AND PORTIONS
OF SUNDRY OT R STREETS, AV HUES AND PUBLIC PEACES Ti 77E CITY
OF FORT ITORTH, T'.EXAS; FIXING CHARGES VM LIENS i,GAIP_ST ArUTTING
PROPERTY TT_I I CK, QD AGAIMST THE OWNERS TI?E? CF; P20VIDI!^x FOR
THE COLLECTION OF SLCY ASSESSF!EI TS ADD THE ISSUANCE OF ASSIGNABLE
CERTIFICATES I`` EVIDENCE THEREOF; RESERVING IINTO 77 CIT`: CO?PICIL
THE RITTT TO ALLOT CR'DI'TS REDtiCING THE A?TUFT OF THE RESPECTIVE
ASSESSNINT TO THE EXTENT OF ANY CR7DIT MATTED: DIRECTING THE
CITY SECRETARY TO ENGROSS AND ENROLL THIS O:2DINA TCE Y COP`.rIN17T
TEE CAPTION OF BABE ID: T " I':INUTES OF TIE CITY COT TCIL OF FORT
WORT-, TEXAS, AID pY PILI dG TIE O 0I?AI,:G,n, IM TIE ORDIPANCE MCORDS
OF SAID CITY; A°;D FROVIDII G AN EFFECTIVE DATE.
,THEIMS, the City of Fort Worth, Texas, has heretofore ordered that each of
the hereinafter described portions of streets, avenues and _public places in the City of Fort
Worth, Texas, be inTroved b- raising, Trading, or fillinP sane and by constructing thereon a
2" HotEix Asphaltic Concrete Surface on 4" Lime Stabilized Subgrade on 10" Flexible Lase,
together with combined concrete curbs and gutter on proper grade and line where sane are not
already so constructed, together with storm drains and other necessary incidentals and appurt-
enances; all of said improvements are to be so constructed as and Qere shorn on the plans
and in strict accordance with the plans and specifications therefor; and contract has been
made and entered into with Texas Pitulithic Company for the making and construction of such
improvements; said portion of streets, avenues and public places being as follows, to-wit:
1. Yitchell Blvd. From Mecca Street to .7bresby
Street, known and cl.esignated
as Unit No. 3.
2. Wichita Street From Collin Street to Wilbargar
Street, known and designated as
Unit 7o. 4.
3. -. ilba_rger Street From ;•Tichita Street to TAtchell
Blvd., known and designated as
Unit No. 5.
ry7HEREAS, estimates of the cost of the improvements of each such portion of
street, avenue and public place ,,ere prepated and filed and approved and adopted by the City
Council of the City;, and as time and place 7as fixed for a hearing to the proper notice of
the time and place fixed therefor, to-wit, on the 30th dal of July, 1962, 9:30 A.Y., in the
Council Chamber in the City l: all in the: 'City of Fort '.North, Texas, and at such hearing the
following protests and objections were made, to-wit:
Protested that
Protested that
Protestnd that
Protested that
-1-
Protested that
Protested that
---Protested that
Protested that
Protested 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 ;iven full and fair opportunity to be
heard, and the City Council of the City Navin; fully considered all proper matters, is of
the opinion that the said hearing should be closed and assessments should be -wade and levied
as herein ordered:
NOV T'.!E-_ZFORE,
7K] IT MDATNED 7Y M CI' COTACIL '7 CI'T" Or FORT WO!'Ll'TT,
TEXAS, THAT:
I.
Said hearin- be, and the same is hereby, closed and the said protests and
objections, and any and all other protests and objections, -,Thebher herein enamerated or not,
be and the same arc hereby, overruled.
The City Council, from the evidence, finds that the assessments herein levied
should be made and levied against the respective parcels of property abutting upon the said
portions of streets, avenues and public places and against thn owners of suc'i property, and
that such assessments and charges are right and prover and are substantially in proportion
to the benefits to the respective parcels Qf property by means of the improvements in the
unit for which such assessments are levied, and establish substantial 'Justice and eouality
anr'. uniformit-
y between the respective onners of the r-spective properties, and between all
parties concerned, considering the benefits received and burdens imposed, and further finds
that in eac4 case the abuttinZ property assessed is specially benefited in enhanced value to
the said property by means of the said improvements in tAo :snit upon Wich the particular
property abuts and for L-iic__ assessment is levied ana Varqr none, in a own in excess of the
said assessment and charn nude against tho same by this ordinance, vnK further finds that
tie apportionment of the cost of the improvements is in accordance with the inw K force in
this City, and the proceedings of the City heretofore had -grit', reference to said inprovemcnts,
and is in all rispects MY rne rvKnlar.
-2-
There shall be, ani is hereby, levied an" assessed against tie parcels of
property Herein below mentioned, and against the real and true owners thereof (whether such
owners be correctly named herein or not), the sums of money itemized below opposite the
description of the resnective parcels of property and the several amounts assessed against
the same, Pnd the moners thereof, as far as such owners are known, beinZ as follows:
-3-
IV.
'.There more than one person, firri or corporation owns an interest in any
propert-1- described, each said .-,erson, firm or cor-ooration, be; :erso?,-ally liable
Only for its, her or his pro rata of the total. assessment a., .�Anst such property in T-roT-,orti(-,n
as its, his Or '.er respective interest ',,)cars to the total o-,,rners!'ip of su.c'i � r
,,ronert- an
' , d
its, his or h,�.r .respective interest i�,� such pro.perty be released froni the assessment
lien ii-)on ;)a-_,ient of such proportionate sum.
V.
The several 3-=s above mentioned and assessed against th,- said
I '-),?xcels of
property, and the owners thereof, and interest thereon at th rate of six per cent (6;%;) per
annixyq, together wit,h reasonable attorney's fees and costs of collection, if incurred, �-.re
hereby declared to be aini or-_,, :_ode a lien upon the r,,s-)ective if -)roperty against
nic�^ t�-t are. isse�ssed, personal liabilit".o q:n,,J cllar,-,,. the real an-!, true
owners of such r,:property, whether such owners be col,r,actl-, paned herein or r.at, ;,wl the said
U
liens sia-.I be and constitute the, first enforceable lien anr3 claim against the -pronerty on
which such assessments are leviel, and shall be a first n nara:mount lier thereon, sunurior
to all other liens and claims, except State, County, School District 2nra City ad valorem
taxes.
The sums so assessed against th alb-'ttin�; property and the o-,.Tners thereof
shall be and becomedue and payable as follcris, to-Wit: in five (5) ec'ual installments,c,Sue r,s-�,,ectiv,�l-j on or before thirty (30) clays, one (1), t-i�,o (2), three (3) , and -'our
years, from the date of corr-)letion and acceptance of the irwproveri�nts in the respective unit,
,and the assessments a-ainst th,-- )rol)ert,y abuttin,,.r upon th(> remaining units shall be and
become due and nayal-Ae in such installments after the date of the completion and acceptance
of such respective units, ,)n6 shall bear interest from ---gid date at, the rate of six per cent
per annum, -payable annually, with each installment, except as to the first installment,
which shall '-le due and, payable. at th,, maturity thereof, so that iroon tlh- eom,)letion -infll
acceptanc,e of th,,- improven,nts in a narticular unit, assess-nents a-ainst the property abutting
upon such completed and acce,,)t(,.d unit s'iall 'e, due rayanln ir such instalments,
and ,Tit'i. interest from tby�-, of such com:oletion and acceptance. Provided, however, that
any o-ricr si,all "aw'. tide ri,-,nt to riay the entire assessment, or any installment thereof,
before maturity by sa,T.Tie:,it of princi-cal and. accrued interest, an,J rrovided 'urth�r that if
default shall ID., -,T-nde in tho na,,,ent of any �.nstallment o' principal or interest nromptly
as o,- Ui�- assessment u�,n 0iL& such default is
Eniir, .1�-tures, then the entire. �-noun_
ia
s-,,,11, .r,..t ,he option of said Cit,- of Fort _Iv'orth, or its sins, be and b,-.c--)ri-,e irmiedi-
at l .-:Lie :-,nd -.)a-lable, nd shall be collectible, to,-,-ether ,,,J th rcasonablr. attorney's fees
a.nd, costs of collection, if incurred, PiOT'DED, however, that acting through its duly
authorized Director of Public oras it%r r)f Fort "Irorti retains the rir,ht to authorize
pa,,,,i-,tcnt Of tne sums assessed i,-ainst abuttin-, property upon such completed and accepted
unit in nog more than forty-eight equal regul.ar rionthly installments of not less than
';9.00 eac'n, th-,, -first of such installments to become due ,and savable not more than thirty
(30) days after th-, completion an.' acceptance by the City of the particular unit. PROVIDED
7, �., that the Cit,; Attorne is hereby eoaered to authorize pa�,,rients of said sums of
, jjt 11 1 T—L,,T rg.)
lesser installments an,-Vor over P lon'-er period of time In cases in -,;iic.-_ the Director of
Public '-Torks has previousl :Iete=ined that an extre-,,.im financial hardship upon the, property
oT,T-,er 1,ill oth=,.ise result; and PROVIDE') 7URT__-TZ, that suc:- riet�_Lad of )a-1-monts shall ne
authorized Ohl- in instances where the cn ner or owners of -oronerty ebuttin_ upon such
comnleted and acce,,Dt, d -anit shall havc executed and delivered to the City of Fort "Forth a
lawful, valid and bindin note and iaec`,,anicls and materialman's contract; upon forms supplied
by the Cit, antin7 a. in claanicls lien ueon and convening the s,-id abutting property in trust
to secure the T-ay-inent b)y said o,,,ner or Owners according- to the terms thereof of the sums
assessed against such property.
VI.
If default shall marle in the -.1ayment of any assessment, collection thereof
shall be enforced either the of the -)roperty 1-y he Assessor and Collector -)f `"axes
of said City as near as -possible in the irann,-r provide,,.l for ti sale of property for the non-
payment Of ad -valorem
lorem taxes, or at tri option of t1l_, City of Fort or it:; assi.,ns,
-dayment ot- said suns sh-,11 be enforced by suit in any court of cornoetcnt Juris--liction, or as
provide-1 in any riecnanic's or itlaterialman's contract ;.s aTorcs-ire, -,rid. s-ii^ Cit,- shall, exercise
all of it;,- lawful powers to aid in the �nforcemen� and collection of said. assessments.
VII.
The total amount assessed against the respective parcels cf butting property,
and the owners thereof, is in accordance with the proceedings of thr City relating to said
improvements and assessments thereof, and is less than the proportion of the cost allowed
and permitted by the lair in force in thy City.
VIII.
Althou_;h t�ic aforementioned char aes have been fixed, levied, and =ssessed in
the respective amounts hereinabove stated, the City Council does hereb - reserve unto itself
the right to reduce the aforementioned assessments by alloy.*ing credits to certain property
owners ?:mere deemed appropriate. Notwithstanding the City Council has herein reserved the
right to issue credit;, it shall not he roc7uired to issue credits, gnd. -ill not do so, if
same would result in any inequity 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 amount of any assessment hereinabove levied such amount or amounts,
if any, as may hereafter be allowe? by thn City Council as a credit against the respective
assessments.
IX.
For the purpose of evidencing the several sums assessed against the respective
parcels of abutting property and the owners thereof, and the time and terms of ra:.Ttent, and
to aid in the enforcement and collection thepcof, assignable certificates in the principal
amount V the respective osscessments less the amount of any r:spectiv, cn,dit :,1 .o--,e:d
thereon, shall be issued by th" City of sort '`north, Tc nAs, upon completion .and acceptance
by the Cit, of the improvements in each unit of impr,.vc.aent as the worl, in such unit i;-
completed and occented, ._'aich certificates shall be rxecuted by th- mayor in the name of
the City and attested by the Cit r Secretary, with the corporate seal of th_. City impressed
thereon, and shall be payatlo to the ;itV of ' ort North, or its assigns, and shall declare
the said amounts, time and terms of payment, rate of interest, and the date of the completion
and acceptance of the improvements abutting upon such -property for which the certificate
is issued, and shall contain tl a name a_" th, ouner or om,rncrs, if known, '-scription of the
property Q lot and block number, or front feet thereon, or such other description as may
otherwise identify the same; and if the said property shall be owned by an estate, then
the description of sae as so owned small be sufficient a.n•' no error or mistake in describing
any property, or in giving the name of th- owner, shall invalidate or in anywise impair
such certificate, to the: assessments levied.
The certificates shall provi:'e substantially that if same shall not be paid
promptly upon maturity, them they shall be collectible, with reasonable attorney's fees and
costs of collection, if incurred, and shall provide substantially that Ve amounts evidenced
thereby shall be paid to the Assessor and Collector of Taxes of the City of Fort "orth, Texas,
who shell issue his receipt therefor, which shall be evidence of such payment on any 'emand
for th., same, and t' e Assessor and Collector of Taxes shall deposit thr, sums so received by him
forthwith with the City Treasurer to be kept and held by him in a ser,arate fund, and ?when any
payment shall be made to this City the assessor and Collector of Taxes upon such certificate
shall, upon presentation to him of tho certificate by the holder thereof endorse said payment
thereon. If such certificate be assigned then the 'holder thereof all be entitled to re-
ceivo from the ..it,( Treasurer the amount paid upon the presentation to him of such certificate
so ndorsed and credited; and such endorsement and credit shall be th, Treasurer's ',!arrant
forImaking such payment. Such na,rients by the Treasurer shall be receipted for the holder of
sucQ certificate in writing an,; by surrender thereof when the principal, together with
accrued interest and all costs of collection and reasonable attorney's fees, if incurred,
have been paid in full.
Said certificates shall further recite substantially that the proceedings
with reference to making the improvements have been regularly had in compliance with the
law, and that all prerequisites to the fixing of the assessment lien against the property.
described in such certificate and the personal liability of the owners thereof Lava h^en
performed, and such recitals shall_ be prima facie evidence of all the mrtters recited in
such certificates, and no further ,goof thereof shall be requires; in any court.
-5-
Said certificates mav have coupons attached thereto in evi`ence of each or
tI first
an- o -,e several installments +hereof, or ina.- have coupons for eac,� of +?i- firct _L fccur in-
stallments, leaving the Train certificate to serve for the fifth installment, ihich coupons
may be payable to the City of Fo-_-t orth, or its assi,Ins may be signed with the facsimile
signatures of the T_a�,ror and City Secretary.
Said certificates shall further recite tI-at the Cit,-,T of Fort ',"Orth, Texas,
shall exercise all of its lawful po,,iers, T.ihen roquested so to do, to aid in the enforcement
and collection thereof, and. may contain recitals substantially in accordance with -lh--,. -hove
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
invali�ate, affect or impair tile lien of such assessments upon other premises.
X.
Full power to riake and levy reassessments and to correct mistakes, errors,
inv2-lidities 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.
U.
All assessments levied are a -oersonal liability and charge against the real
and true owners of the oremises described, noti.Tit'listanding such owners may not bra narae�<, or
may be, incorrectly named.
XII.
The assessments so levied are for the improvements in the particular unit
upon which tlic rro~erty described abuts, and the assessments for the improvements in any
unit are in nowise affected by the improvements 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 assessments therefor
in any other unit.
XIII.
The assessments levied are made and levied under and virtue of the terms
pourers and provisions of an Act passed at the First Called Session of t'ic For-'Iieth Le.�islature
of the State of Texas, known -.s Chapter 106 of the Acts of said, Session and now shown as
Article 11-05b of Vernon's Texas Civil Statutes,
which Act has bean aiqrtc*d as an amend-
ment to and made a part of the Charter of the CitI,I, of Fort Worth, T=xns.
XIV.
The City Secretar, is hereb directed to engross and enroll this ordinance by
copying the caption of same in the Iinute -jook of the City Council of Fort ',north, Texas,
and b,r filing the connlete Crdinance in the appropriate Ordinance Records of said City.
XV.
This ordinance shell take effect and be in full force end effect from and
after the riate of its passage and it is so ordained.
PASSED ANT) APPROVED this day of 1962.
APFROV-7) AS TO FC?Y A_V.D I,EGAI,ITv:
City Attorney
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CITY OF FORT WORTH ��`• �
TEXAS
OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. PW.-1167
July 309 1962
Honorable Mayor and Re: Benefit Hearing
Members of the City Council Mitchell Blvd.
City of Fort Worth Project No. 94-B2-122
CIP-A-12
Mrs. McKnight and GeOlemens
Administrative Hearings have been held:
Date July 169 1962 Location Oaklawn Elementary School
Benefit Hearing scheduled for July 309 1962
The project consists of the three units named belowr
f smo Name J.(MMS
3 Mitchell Blvd. Mecca Street to Moresby Street
4 Wichita Street Collin Street to Wilbarger Street
5 Wilbarger Street Wichita Street to Mitchell Blvd.
F1C1j1 RECORD
LFIL
TY' SECRETARY
WORTH, TEX.
CITY OF FORT WORTH, TEXAS
THE SUBJECT MATTER OF 'PHIS M.& C.C.
WAS PRESENTED TO THE CITY COUNCIL
JUL 30
-.�-�
�.Oa i am Jowl"
c "u"
City Secretary
Page Two
MITCHELL BLVD. WIDENING 8 PAVING
PER
CENT
CONTRACT PRICE $163=913.83 100.0
RESIDENTIAL FOOTAGE 69715.44 77.0
COMMERCIAL FOOTAGE 1,994.40 23.0
TOTAL FOOTAGE 89709.84 100.0
RESIDENTIAL ASSESSMENT $ 51,283.45 31.2
COMMERCIAL ASSESSMENT 1:1.759.46 9.0
GROSS AMOUNT ASSESSED 66,042.91 40.2
LESS CREDITS GRANTED 27.184.11 16.5
TOTAL NET ASSESSMENT 38,858.80 23.7
NET AMOUNT PAID BY CITY AT LARGE $ 125,055.03 76.3
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR AGAINST NO COMMENT
TOTAL PETITION PAVING PAVING RECEIVED
NO. OF FRONT FEET 89709.84 215.0 1,283.0 7,211.84
PER CENT 100.0 2.5 14.7 82.8
PARCELS OF PROPERTY 63 1 6 56
PER CENT 100.0 1.5 9.5 89.0
NO. OF PROPERTY OWNERS 44 ev 1 1 42
PER CENT 100.0 2.3 .2.3 95.4
OWNERS LIVING ON STREET
PER CENT
OWNERS LIVING ELSEWHERE
PER CENT
OFFICIAL :
.CITY SECRETARY
FT. WORTH, TES:
Page Three
MITCHELL BLVD. UNIT 3
From Moresby to Mecca
PER
CENT
CONTRACT PRICE $1400725.20 100.0
RESIDENTIAL FOOTAGE 69315.44 . 85.0
COMMERCIAL FOOTAGE 1,034, 14.1
TOTAL FOOTAGE 79349.84 100.0
RESIDENTIAL ASSESSMENT 489439.45 34*4
COMMERCIAL ASSESSMENT 7e933.86 5.7
GROSS AMOUNT ASSESSED 569373.31 40.1
LESS CREDITS GRANTED 24,617.86 17.5
TOTAL NET ASSESSMENT 310755.45 22.6
NET AMOUNT PAID BY CITY AT LARGE $ 1080969.75 77.4
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR AGAINST NO COMMENT
TOTAL PETITION PAVING PAVING RECEIVED
NO. OF FRONT FEET 79349.84 215.0 19283.0 51,851.84
PER CENT 100.0 3.0 17.4 79.6
PARCELS OF PROPERTY 51 1 6 44
PER CENT 100*0 1.9 11.8 86.3
NO. OF PROPERTY OWNERS 36 1 1 34
PER CENT 100.0 2.8 2.8 94.4
OWNERS LIVING ON STREET
PER CENT
OWNERS LIVING ELSEWHERE
PER CENT
OFFICIAL RECORD
CITY SECRETS►RY
FT. FORTH, TEX.
Page Four
WICHITA STREET UNIT 4
From Collin to Wilbarger
PER
CENT
CONTRACT PRICE $129112.33 100.0
RESIDENTIAL FOOTAGE 400 51.6
COMMERCIAL FOOTAGE 375 48.4
TOTAL FOOTAGE 776 10010
RESIDENTIAL ASSESSMENT 29844.00 23.4
COMMERCIAL ASSESSMENT 2,666.25 22.1
GROSS AMOUNT ASSESSED 59510.25 45.5
LESS CREDITS GRANTED 1,992.10 16.4
TOTAL NET ASSESSMENT 3,518.15 29.1
NET AMOUNT PAID BY CITY AT LARGE 89594.18 70.9
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR AGAINST NO COMMENT
TOTAL PETITION PAVING PAVING RECEIVED
NO. OF FRONT FEET 775 -- 0 0 775
PER CENT 100.0 0.0 0.0 100.0
PARCELS OF PROPERTY 5 -- 0 0 5
PER CENT 100.0 100.0
NO. OF PROPERTY OWNERS -- 0 0 4
PER CENT 100.0
OWNERS LIVING ON STREET
PER CENT
OWNERS LIVING ELSEWHERE
PER CENT
OFFICIAL RECORD
CITY SECRETARY
f I. WORTH, TDL
Page Five
WILBARGER STREET UNIT 5
From Wichita to Mitchell
PER
CENT
CONTRACT PRICE $119076.30 100,0
RESIDENTIAL FOOTAGE 0 0.0
COMMERCIAL FOOTAGE 585 100.0
TOTAL FOOTAGE 585 100.0
RESIDENTIAL ASSESSMENT $ o fw 0.0
COMMERCIAL ASSESSMENT 4,159.35 37.5
GROSS AMOUNT ASSESSED 4,159.35 37.5
LESS CREDITS GRANTED 574.15 5.2
TOTAL NET ASSESSMENT 3,585.20 32.4
NET AMOUNT PAID BY CITY AT LARGE 79491.10 67.6
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR AGAINST NO COMMENT
TOTAL PETITION PAYING PAVING RECEIVED
NO. OF FRONT FEET 585 -- 0 0 585
PER CENT 100.0 0.0 0.0 100.0
PARCELS OF PROPERTY 7 -- 0 0 7
PER CENT 100.0 0.0 0.0 100.0
NO. OF PROPERTY OWNERS 4 -- 0 0 4
PER CENT 100.0 0.0 0.0 100.0
OWNERS LIVING ON STREET
PER CENT
OWNERS LIVING ELSEWHERE
PER CENT
It is the opinion of the Public Works Department that each parcel of
abutting property is benefited in an amount equal to or greater than the
amounts recommended for assessment.
There is attached a summary of the Administrative HearEFT- 17OL"
:rfTllx
1
in alphabetical order, and other pertinent data. SECRETARY
Respectfully subm'tted,
LPC:eln Coo ingham
Attach. City Manager