HomeMy WebLinkAboutOrdinance 8001 ORDINANCE NOA_04/
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_OAKMONT PARKWAY _
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:
OAKMONT PARKWAY From Hulen Street west approximately 5,286
feet to the west line of the C. 0. Edwards
property, known and designated as Project
No. 21-36503, a ten-inch thick hot-mix
asphaltic concrete pavement on a six-inch
thick lime stabilized subgrade, with seven-
inch high concrete curb and eighteen-inch
wide concrete gutter. The finished road-
way will consist of two twenty-six foot
traffic lanes with a forty-eight foot median.
Four-inch thick concrete sidewalk will be
constructed 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 Texas Bitulithic Company
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 llthday of September
1979 9:30 A.M. in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at
such hearing the following protests and objections were made, to-wit:
_protested that
protested that
_protested that
_protested that
--_ __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 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:
I.
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.
Il.
The Pity 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
substantiali,v 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 improv��nwnts, 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 ilgalllSt the Peal alld tl'ue o"'ners thereof (whether shell 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 pro-
perty may be released from the assessment lien upon payment of such .
proportionate sum.
V.
The several sums above mentioned and assessed 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 at-
torney '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 of Oakinont
Development Corporation 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 ac-
ceptance 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 installment, except as to the first in-
stallment, 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 assessed against abutting property upon such com-
pleted 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.
The sums so assessed against the abutting property of Santa Fe
Land Improvement Co. , Cass Overton Edwards II, Eva Colleen Edwards
Geren and Mary E. Hook Kelly, and Cass Overton Edwards II and Eva
Colleen Edwards Geren and the owners thereof shall be and become
payable, as defined below, pro-rata, as to tracts affected, on the
several occasions of the soonest to occur of the following events :
A. Sale of any tract fronting Oakmont Parkway
(Project No. 21-36503) .
B. Application for a building permit to improve
any tract fronting Oakmont Parkway (Project
No. 21-36503) .
C. The expiration of ten years .
Upon the occurrence of each such event, 100% of that amount which
shall be determined by:
1. Dividing the lineal feet of frontage of the
subject affected tract by the lineal feet of
frontage of Oakmont Parkway (Project No.
21-36503) to which deferred payments are
applicable.
2 . Multiply the number so derived by the original
cost of all deferred payment items. ( $4B0.,271-'.53 ) .
shall be due and payable. The entire amount assessed against the
particular parcels of property shall bear interest from the date
of such completion and acceptance of the improvements at the rate
of six (6%) per annum, payable annually on the day and month of
such completion and acceptance of the improvements on the unit
on which the particular property abuts . 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 the 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.
VI .
If default shall be made in the payment of any assessment,
collection thereof shall be enforced either by the sale of the pro-
perty by the Assessor and Collector of Taxes of said City as near
as possible in the same manner 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 jurisdiction, 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 col-
lection of said assessments.
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 of C!r."4401 1979
APPROVED AS TO FORM AND LEGALITY:
VAU.,ncy
PROJECT NO. 21-36503, OAKMONT PARKWAY FROM HULEN STREET WEST APPROXIMATELY 5,286 FEET TO THE
WEST LINE OF THE C. 0. EDWARDS PROPERTY, to be improved by constructing a ten-inch thick hot-
mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch
high concrete curb and eighteen-inch wide concrete gutter. The finished roadway will consist
of two twenty-six foot traffic lanes with a forty-eight foot median. Four-inch thick concrete
sidewalk will be constructed where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
SOUTH SIDE JOSEPH B. McDERMOTT SURVEY
Santa Fe Land Tract 2 1,472' Pavement $45.65 $67,196.80
Improvement Co. Vol. 3784, 1,467' Curb & gutter 8.60 12,616.20
Room 514, Santa Fe Bldg. Page 91
900 Polk South Abst.#1063 Deferred payment. . . . . . . . .$79,813.00
Amarillo, Texas 79171 Ind.
Attn: W. C. Merritt,
Div. Manager
Tesco 94.26' No benefit -0-
Santa Fe Land Tract 2 2,823.74' Adjusted to: (Drainage easement)
Improvement Co. Vol. 3784, 2,549.74' Pavement $45.65 $116,395.63
Room 514, Santa Fe Bldg. Page 91 2,529.74' Curb & gutter 8.60 21,755.76
900 Polk South Abst.#1063
Amarillo, Texas 79171 Ind. Deferred payment. . . . . .$138,151.39
Attn: W. C. Merritt,
Div. Manager
JOHN F. HEATH SURVEY
Oakmont Dev. Corp. Tract 1 753.33' Pavement $45.65 $34,389.51
C/O C. Albert Tatum III Vol. 6645, 753.33' Curb & gutter 8.60 6,478.64
2001 Bryan Tower Page 912 $40,868.15
Dallas, Texas 75201 Abst.#641
Unzoned
NORTH SIDE JOHN F. HEATH SURVEY
Cass Overton Edwards II, Tract 1 819' Pavement $45.65 $370387.35
Eva Colleen Edwards Geren Vol. 2929, 819' Curb & gutter 8.60 7,043.40
& Mary E. Hook Kelly Page 102
4500 Bellaire Drive S. Abst.#641 Deferred payment. . . . . . . . . . .$44,430.75
Fort Worth, Texas 76109 Unzoned
1.
PROJECT NO. 21-36503, OAKMONT PARKWAY FROM HULEN STREET WEST APPROXIMATELY 5,286 FEET TO THE
WEST LINE OF THE C. 0. EDWARDS PROPERTY, Continued
ZONING
OWNER LOT BLOCK FRONTAGE RATE AMOUNT ASSESSMENT
NORTH SIDE J. WILCOX SURVEY, SCHULTZ SURVEY & J. BURNETT SURVEY
Cass Overton Edwards II& Tract 1 2,700' Adjusted to: (Drainage easement)
Eva Colleen Edwards Geren Vol. 1129, 2,563' Pavement $45.65 $1175,000.95
4500 Bellaire Drive S. Page 620 2,558' Curb & gutter 8.60 21,998.80
Fort Worth, Texas 76109 Abst.#1742
Unzoned Deferred payment. . . . . . . . .$138,999.75
Tesco 94.26' No benefit -0-
Cass Overton Edwards II & Tract 1 1,557.74' Adjusted to: (Drainage easement)
Eva Colleen Edwards Geren Vol. 1129, 1,454.74' Pavement $45.65 $66,408.88
4500 Bellaire Drive S. #40 Page 620 1,449.74 Curb & gutter 8.60 12,467.76
Fort Worth, Texas 76109 Abst.#1742
Unzoned Deferred payment. . . . . .$78,876.64
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) (DEFERRED PAYMENT) . . .$ 480,271.53
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) . . . . . . . . . . . . . . . . . . . . . .$ 40,868.15
TOTAL COST TO CITY OF FORT WORTH (STREETS) . . . . . . . . . . . . . . . . . . . . . . .$ 440,866.08
TOTAL COST TO CITY OF FORT WORTH (STORM DRAIN) . . . . . . . . . . . . . . . . . . .$ 315,270.95
TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .$1,277,276.71
2.
Ixi1.E �
FIIERCHyM pity ®f Fort Worth, Texas
BAILIFF Mayor and Council Communication
SMITH
DONE$ DATE REFERENUMBENCE SUBJECT: Benefit Hearing - Oakmont Parkway PAGE
Paving and Drainage Improvements Iof 2
�SILARDI9129179 G-4309 Revised
On August 14, 1979 (M&C C-4751), the City Council declared the necessity for and
ordered the improvements on Oakmont Parkway, Project No. 021-36503-00 as described
below. A construction contract was awarded to Texas Bitulithic Company in the
amount of $1,193,716.55 and September 11, 1979, was set as the date for the
Benefit Hearing. All adjacent property owners were notified of the hearing by
certified mail on August 27, 1979.
Project Description
Street Limits Roadway Width R.O.W. Width
Oakmont Parkway Hulen Street to West 2-26' Lanes 120'
5,286' 48' Median
Origin of Project
This project was initiated in conjunction with Community Facilities Contract No.
10565, Oakmont Park Estates, approved April 3, 1979 (M&C C-4600). Oakmont
Boulevard is the main traffic artery leading to the development from Hulen Street.
Improvements
Oakmont Parkway is not presently open on the ground. Improvements will include
construction of major thoroughfare grade hot-mix asphaltic concretes .,avement with
concrete curb and gutter and driveway approaches where required on a double 26'
wide roadway with a 48' wide median. Storm drain improvements will include
approximately 566' of storm drain pipe and appurtenances and two 8' X 4' double
box 'culverts.
Assessments and Enhancements
Based on Standard Policy and special provisions of M&C C-3841, dated June 13,
1978, it is proposed that approximately $480,271.53 be assessed against properties
adjacent to Oakmont Boulevard on a deferred payment basis, which provides that
assessments become due and Payable at such time as the land is developed or sold
and/or ten years from date of lien. The assessments will bear 6% interest per
annum against the principal,and partial releases may be obtained by payment of
the principal pro-rated in accordance with the length of the property abutting
Oakmont Boulevard.
The property along the north side of Oakmont Parkway is owned by the Edward's
heirs. The property is unzoned and is being assessed the commercial rate of
$54.25 per front foot under the deferred payment basis. Present plans are to
request commercial and/or apartment zoning at such time as the land develops.
However, the owners have requested that, should they not be granted commercial
and/or apartment zoning by the City at a later date and be forced to accept
residential zoning, the assessment rate be reduced to $40.78 per front foot,
DATE REFERENCE SUBJECT: Benefit Hearing - Oakmont Parkway PAGE
� NUMBER
Paving and Drainage Improvements
9/25/79 G-4309(Revised 2 °' 2
which is the residential rate for a developer on this project.
Based on standard .policy, normal assessments proposed to be assessed against the
developer's property adjacent to Oakmont Boulevard amounts to approximately
$40,868.15, to be r6paid in accordance with standard policy (49 months) con-
sisting of five annual payments with 6% interest per annum on the unpaid balance.
It is the opinion of the Public Works Director that all adjacent properties will
be enhanced in value by an amount equal to or greater than the proposed assess-
ments as a result of the street and storm drain improvements.
Recommendations
It is recommended that:
1. An ordinance be adopted closing the hearing and levying the assessments as
proposed;
2. City Council stipulate that if the Edward's heirs property is denied
commercial and/or apartment zoning, the assessment rate be reduced to
$40.78 per front foot adjacent to Oakmont Parkway.
091
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Attachment �L �tir , >�Sw' t z�,f up
G/
SUBMITTED FOR THE /L� DISPOSITIO BY COUNCIL: PROCESSED BY
CITY MANAGER'S I ( //
OFFICE BY: APPR YLENATING �pDrEg^DEAORIGI TMNT HEAD: Keith A. Smith ADOPTED ORWi, ii r IIId. qwA
ET
7Q® SECRETARY
FOR ADDITIONAL INFOR TI //I�(�/ � �'�":!;-��: ,1 ��� '�t ''
CONTACT: �de�� Schmidt, Ext. 7805 ��' JATEt