HomeMy WebLinkAboutOrdinance 5796 ORDINANCE NO. ---
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_— LONG AVENUE EXTENSION _
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-
CATES IN EVIDENCE THEREOF: 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 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,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 improved by raising,grading,
or filling same and by constructing thereon to-wit:
1. LONG AVENUE EXTENSION: From the East line of Deen Road to
the hest line of Sylvania Avenue
known and designated as Units 9 and
10, Project No. 094723000-104,
Contract 7.
r
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 J. L. =TRAM
CONSTRUCTION_ AND ENGINEERING 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_L,__ 9day of June
19 67 � 9:30 A.K. 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
----- protested that
-- -- groteated that
--- _ Protested that
---protested that
_--protested that
— -- -------.__----- —__—_____protested that
protester that
________________protested that
_--protested 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 given full and fair opportunity to be heard,and the City Council of the City having•
fully 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:
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF FORT WORTH,
TEXAS, THAT:
1.
Said hearing be,and the same is hereby,closed and the said protest and objections,and any and all other
protests and objections, whether herein enumerated or or not, be and the same are hereby,overruled.
11.
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 the owners 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 property by means of the improvements
in the unit for which such assessments are 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 imposed, and further finds that in each case the abutting property assessed is
specially benefited in enhanced value to the said property by means of the said improvements in the unit upon
which the particular property abuts and for which assessment is levied and charge made,in a sum in excess of
the said assessment and charge made against the same by this ordinance,and further finds that the apportion-
ment of the cost of the improvements is in accordance with the law in force in this City, and the proceedings of
the City heretofore had with reference to said improvements, and is in all respects valid and regular.
M.
There shall be, and is hereby, levied and assessed against the 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 respective parcels of property and the several amounts
assessed against the same,and the owners thereof. as far as such owners are known, being as follows:
IV.
Where 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.
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 (69r) 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 against 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 (30) 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 such completion and acceptance. Provided, however, that any owner shall have the
right to pay the entire assessment, or any 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 Worth,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 Works 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 (48) 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 (30) days after the completion and acceptance by
the City of the particular unit.PROVIDED FURTHER,that the City Attorney is hereby empowered to authorize
payments of said sums of lesser installments and/or over a longer period of time in cases in which the Director
of Public Works has previously determined that an extreme financial hardship upon the property owner will
otherwise result;and PROVIDED FURTHER,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 Worth a lawful,valid and binding note and mechanic's and materialman's contract
upon forms supplied by the City granting a mechanic's lien upon and conveying the said abutting property in
trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against
such property,
V1.
If default shall be made in the payment of any assessment, collection thereof shall be enforced either by
the sale of the property by 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-payment of ad valorem taxes, or at the option of the City of
Fort Worth, or its assigns, payment of said sums shall be enforced by suit in any court of competent jurisdic-
tion, or as provided in any 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 owners thereof, is
in accordance with the proceedings of the City relating to said improvements and assessments thereof, and is
less than the proportion of the cost allowed and permitted by the law in force in 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/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 allowed by the 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 prop-
erty and the owners thereof, and the time and terms of payment, and to aid in the enforcement and collection
thereof, assignable certificates in the principal amount of the respective assessments less the amount of any re-
spective credit allowed thereon, shall be issued by the City of Fort Worth, Texas, upon completion and accept-
ance by the City of the improvements in each unit of improvement as the work in such unit is completed and
accepted, which certificates shall be executed by the mayor in the name of the City and attested by the City
Secretary, with the corporate seal of the City impressed thereon,and shall be payable to the City of Fort Worth,
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 the name of the owner or owners,if known,description of the property by lot and block
number, or front feet thereon, or such other desciption as may otherwise identify the same; and if the said
property shall be owned by an estate, then the description of same as so owned shall be sufficient and no error or
mistake in describing any property, or in giving the name of the owner, shall invalidate or in anywise impair
such certificate, to the assessments levied.
The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then
they shall be collectable, with reasonable attorney's fees and costs of collection, if incurred, and shall provide
substantially that the amounts evidenced thereby shall be paid to the Assessor and Collector of Taxes of the
City of Fort Worth,Texas,who shall issue his receipt therefor, which shall be evidence of such payment on any
demand for the same, and the Assessor and Collector of Taxes shall deposit the sums so received by him forth-
with with the City Treasurer to be kept and held by him in a separate fund, and when any payment shall be
made in the City the Assessor and Collector of Taxes upon such certificate shall, upon presentation to him of
the certificate by the holder thereof endorse said payment thereof. If such certificate be assigned then the holder
thereof shall be entitled to receive from the City Treasurer the amount paid upon the presentation to him of
such certificate so endorsed and credited; and such endorsement and credit shall be the Treasurer's Warrant for
making such payment. Such payments by the Treasurer shall be receipted for the holder of such certificate in
writing and 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
have been performed,and such recitals shall be prima facie evidence of all the matters recited in such certificates,
and no further proof thereof shall be required in any court.
Said certificates may have coupons attached thereto in evidence of each or any of the several installments
thereof, or may have coupons for each of the first four installments, leaving the main certificate to serve for the
fifth installment, which coupons may be payable to the City of Fort Worth,or its assigns may be signed with the
facsimile signatures of the Mayor and City 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 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 1105b 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 Worth,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
APPROVED AS TO FORM AND LEGALITY:
City Attomey
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City of Fort Worth, Texas ti�MA�
Mayor and Council Communication LINE
� NAM
DATE REFERENCE SUBJECT: Benefit Hearing - Long Avenue PAGE
NUMBER
Improvements, Units 9 and 10 R
6 19 6 7 G-1101 C P A-7 3
On June 5, 1967, the contract was awarded for the construction of Long Avenue
Extension from Deen Road to Sylvania Avenue and June. 19, 19E7'was set as the date
of the benefit hearing (M&C C-972). As authorized by the City Council, a work
order has been issued to expedite construction of the project during the good
weather months and coordinate with other construction projects in the area.
The project includes the paving of a 6,000 foot section of Long Avenue between
Deen Road and Sylvania Avenue with 7-inch reinforced concrete and lime treated
subgrade at a width of 60 to 64 feet.
It is the opinion of the Land Division and the Public Works Department that each
parcel of property will be benefitted in an amount equal to or greater than the
amount recommended for assessment. An independent appraisal to determine en-
hancement to the Southwestern Petroleum Company property at the northeast corner
of Deen Road and the proposed Long Avenue Extension has been made and the ap-
praiser will be present to testify at the benefit hearing.
Recommendation
It is recommended that an ordinance be adopted closing the hearing and levying
the assessments as proposed.
HDM:lp
Attached are the following:
"A" - Resume of Neighborhood Hearing
"B" - Distribution of Cost and Results of Post Card Survey
110 - Assessment Rolls in Alphabetical Order
gliN-
fi iEi
SUBMITTED BY: DISPOSITIO BY COUNCIL: �S
C$APPROVED OTHER (DESCRIBE)
CITY SECRETARY
� DATE
CITY MANAGER �N 1 91%7
CITY OF FORT WORTH
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
CAPITAL IMPROVEMENT PROGRAM
LONG AVENUE EXTENSION
DEEN ROAD TO SYLVANIA AVENUE
PROJECT NO. 104-23000-104, CONTRACT 7
A Neighborhood Hearing was conducted at the City Hall in the Council Chamber at
7:30 p.m, on May 29, 1967. The procedures concerning owner participation in the
cost of construction, including methods and policies of determining assessments,
construction standards and methods of payment were explained to the five people
in attendance.
Mr. and Jim Nathan Rubenstein, 3699 Encanto, owner of Lot 13, Block 1, J. W.
. I
Lancaster Industrial, had no objections to the proposed paving provided two
driveway openings are permitted to the property. Mr. Rubenstein reported his
tenants needed two driveway openings to conduct business properly. He was
advised to contact the Traffic Engineer and Construction Division inspector
regarding the width and location of driveways needed,
Mr Joe Drummond. representing J. C. T. DevelQueNs� Cole, owners of sots 1, 2,
8 and 9, Block 1R, and Lots 1R, 2R, 3R, 15R & 1.7R, Block 3, Diamond Heights In-
dustrial Addition, said he was in complete agreement with the proposed paving
program.
Mr B. Ray, representing Ray Steel Comgany and B. k B. Pro,Ijerrt.ies, Lots 9 and
10,Block 1, and Lots 2, 3, 4, 5, 6, Block 3, J. W. Lancaster Industrial,
stated he was for this project.
A representative of Southwestern Petr2leum Company, Tract 5D1, 10, S. Gilmer
Survey, voiced no objections to the paving project,
CITY OF FORT WORTH
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
CAPITAL IMPROVEMENT PROGRAM
LONG AVENUE EXTENSION
DEEN ROAD TO SYLVANIA AVENUE
PROJECT NO. 104-23000-104, CONTRACT 7
A Neighborhood Hearing was conducted at the City Hall in the Council Chamber at
7 :30 p.m. on May 29, 1967. The procedures concerning owner participation in the
cost of construction, including methods and policies of determining assessments ,
construction standards and methods of payment were explained to the five people
in attendance.
Mr. and Mrs. Nathan Rubenstein, 3699 Encanto, owner of Lot 13, Block 1, J. W.
Lancaster Industrial, had no objections to the proposed paving provided two
driveway openings are permitted to the property. Mr. Rubenstein reported his
tenants needed two driveway openings to conduct business properly. He was
advised to contact the Traffic Engineer and Construction Division inspector
regarding the width and location of driveways needed.
Mr. Joe Drummond, representing J. C. T. Developers Corp. , owners of Lots 1, 2,
8 and 9, Block 1R, and Lots 1R, 2R, 3R, 15R & 17R, Block 3, Diamond Heights In-
dustrial Addition, said he was in complete agreement with the proposed paving
program.
Mr. B. Ray, representing Ray Steel Company and B. & B. Properties, Lots 9 and
10, Block 1, and Lots 2, 3, 4, 5, 6, Block 3, J. W. Lancaster Industrial,
stated he was for this project.
A representative of Southwestern Petroleum Company, Tract 5D1, 10, S. Gilmer
Survey, voiced no objections to the paving project.
li �yy� Ail.
City of .Fort Worth, Texas
Mayor and Council Communication
DATE REFERENUMBENCE SUBJECT: Award of Contract - Long Avenue PAGE
�757b7 from Veen Road to Sylvania Avenue
C-972 (CIP 1 of 2
Council action on the project described below is requested:
Project Description
Nature of work: The construction of Long Avenue is proposed from Deen Road
to Sylvania Avenue, for a distance of approximately 6,000 feet, as shown on the
attached map. The roadway will be paved with 7-inch reinforced concrete with
a lime treated subgrade at a width of 60 to 64 feet. The paving improvement
was included in the bond program approved by the voters on October 19, 1965
and is scheduled in the 1967 Capital Improvement Program (CIP A-75).
The normal procedure for assessment paving is to hold a Neighborhood meeting,
conduct a post card survey, and hold the benefit hearing before issuing a work
order. It is proposed, however, that the work order be issued upon the award
of contract, in advance of the benefit hearing, in order to expedite construc-
tion of the project during the good weather months and coordinate with other
construction projects in the area. Construction of the project will require
more than 100 calendar days. A neighborhood hearing was held on May 29, 1967,
at which there were no objections to the proposed paving or assessments. State
statutes permit construction to proceed ahead of the benefit hearing, provided
the hearing be held before the project is completed and accepted by the City
Council. It is suggested that the benefit hearing be scheduled on June 19, 19670
Submission of Bids
Bidder Amount Bid Working Days
I
J. L. Bertram Construction & Engineering, Inc. $299,548.08 170
Austin Road & Worth Construction & C. Cohen 300,426.30 170
Texas Bitulithic Company 331,280.54 170
Project Cost and Financing
Based on the low bid, approximately $90,801.03 will be assessed against abut-
ting property owners and the cost to the City-at-large will be approximately
$238,701.86 including engineering and miscellaneous costs. The property
owners' portion. of the cost can be financed by transfer from the revolving
fund to the project account. Sufficient funds have been allocated for the
City's portion of the cost in Account Nos. 094-23000-104 and 104-23000-104,
"Long Avenue. " Assessments will be in accordance with standard policies and
with M&C L-1533 (dated December 12, 1966) in which right-of-way through the '
Diamond Industrial Tract was acquired from the owner, J. C. T. Development
Corporation, for the amount of the proposed paving assessment. �s.
{ ;A
DATE REFERENCE
NUMBER suB�Ecr: Award of Contract - Long Avenue PAGE
from Deen Road to Sylvania Avenue 2 of 2
6/5/67 C-972 C P A-73
Recommendation
It is recommended that:
1) The following bond fund transfer be approved:
Amount From To Purpose
$90,801.03 Revolving Fund 042-09423-104 Property owners' portion
of construction.
2) That an ordinance be adopted:
a) Declaring the necessity for and ordering the improvements;
b) Making provisions for levying of assessments;
c) Ordering the Public Works Department to prepare estimates of cost
and amounts proposed to be assessed;
d) Awarding the contract to J. L. Bertram Construction and Engineering,
Inc. , on its low bid of $299,548.08;
e) Making appropriations to cover the indebtedness thereby incurred for
improvements to the project named above.
3) That an ordinance be adopted:
a) Approving the estimates of cost and total amounts proposed to be
assessed;
b) Setting June 19, 1967, as the date of benefit hearing
HDM:lp
Attached are the following :
"A" - Resume of Neighborhood Hearing
"B" - Distribution of cost and results of Post Card Survey %\i ap�
"C" - Assessment Rolls in Alphabetical order
SUBMITTED BY: DISPDSITIO BY COUNCIL: PROCESSED BY
Ef APPROVED ` OTHER (DESCRIBE)
�AJARY
f • — DATE
CITY MANAGER /a 1%7
It
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ATTAC NT "B" SONG AVENUE EXTENSION
DEEN ROAD TO SYLVANIA
FROJJECT NO. 094-23000-104
CONTRACT NO. 7 PV
CENT
CONTRACT PRICE............................................................................................................i 299,548.08
ENGINEERING .............................................................................................................. 29,954.81
ESTIMATED CONSTRUCTION COST................................................................................................................i 3292502.89 100.
RESIDENTIAL FOOTAGE................................ -()-
COMMERCIAL FOOTAGE.............................. 8,858.66 100.
TOTAL FOOTAGE.._...................................... 8,858.66 100.
RESIDENTIAL ASSESSMENT.............. .....................
COMMERCIAL ASSESSMENT..... .............................................. 95,,146.82 28.
GROSS AMOUNT ASSESSED........ ................................................................................i 95,146.82 28.
LESS CREDITS GRANTED............................................................................................... 5;253.21 1.
TOTALNET ASSESSMENT................................................................................................ ............................... 89,893.61 27.3
NET AMOUNT PAID BY CITY AT LARGE........................ ............................................................................i 239,609.28 72.
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR AGAINST NO OBJECTION
TOTAL PETITION PAVING PAVING SUBMITTED
NO. OF FRONT FEET 8,858.66 2,434.0 100.0 6,324.66
PER CENT 10G.0 27.5 1. 1 71.4
PARCELS OF PROPERTY 33 9 1 23
PER CENT 100.G 2 e .3 3.0 69.7
NO. OF PROPERTY OWNERS 20 6 1 13
PER CENT 100.0 30.0 5.0 65.0
OWNERS LIVING ON STREET 7 5 1 1
PER CENT 10a.0 71.4 14.3 14.3
OWNERS LIVING ELSEWHERE 13 9" 1 e0m 12
PER CENT 100.0 7.7 m0m 92.3
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