HomeMy WebLinkAboutOrdinance 4909 ORDINANCE NO.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF — —
TIM COST OF IMPROVEING A PORTION OF aiEA6i, AViL<UE m I RECORD
AND PORTIONS OF SUNIRY OTHER STREETS, AVENUES AND PUBLIC PIACA -
IN THE CITY OF ART WORTH, TEXAS: FIXING CHARGES AND LEINS AGA NO d SECRETARY
ABUTTING PROPERTY THEREON, AND AGAINST THE MINERS THEREOF: PR ID-
ING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF F . WORTH, TEL
ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF: RESSVING UNTO T
CITY COUNCIL THE RIGHT TO ALLOW CEEDITS RE XCING THE AM WNT OF THE
RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED: DIREOT-
ING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY
COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF
FORT WORTH, TI+'$AS, AND BY FILING THE ORD MIKE IN THE QRDINANCE RE-
CORDS 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. WABASH AVENUE: From Trail Lake Drive to Seminary
Drive, known and designated as
Unit No. 1, a two (2) inch Hot-Mix
Asphalt Concrete Surface on an
eight (8) inch cement stabilized
gravel base on a forty (40) foot road-
way.
2. SEMINARY DRIVE: From Cherokee Trail to Gulf Colorado
and Santa Fe Railroad, known and
designated as Unit No. 2, a two (2)
inch Hot-Mix Asphalt Concrete Surface
on an eight (8) inch cement stabilized
gravel base on a channelized sixty (60)
foot roadway.
a
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 inci-
dentals and appurtenances; all of said improvements 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 Glade Construction rsi')any
for the making and construction of such improvements on the above said portion of streets,
avenues and public places.
WIT-M,EAS, estimates of the cost of the improvements of each such portion of
streets, avenue and public place 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 1' day of .Tune , 19_�,
9:00 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
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 matters, is of
the opinion that the said hearing should be closed and assessments should be made end levi-
ed as herein ordered:
NOW THvM FORK:
a IT ORDAINED BY THE CITY COUNCIL OF TSEE 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
not, be and the same are hereby, overruled.
II.
The City Council, from the evidence, finds that the assessments herein levi-
ed 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 pro-
portion 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 be-
tween 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
apportionment 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.
III.
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 pro-
portion as its, his or her respective interest bears to the total ownership of such property,
and its, his or her respective interest in such property may be released from the assessment
lien upon payment 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 (6%)
per anaum, together with reasonable attorneyle 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 t he 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 installment, 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, be-
fore maturity by payment of principal and accrued interest, and provided further that if de-
fault shall be made in the payment of any installment 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 Fbrt Worth, or its assigns, be and become immediately
due and payable, and shall be collectable, together with reasonable attorneys 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 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 other-
wise result; and PROVIDED FMTHM, that such method of payments shall be authorised 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
mechanicts 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.
VI.
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 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, pay-
ment 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 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.
Vill.
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 inequity and/or unjust discrimination.
The principal amount of each of the several assessment certificates to be
issued the City of Port 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.
IIL
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 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 respective credit allowed thereon,
shall be issued by the City of Fort Worth, Texas, upon completion and acceptance 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 attest-
ed 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 description as may otherwise identifty 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 assess-
ments levied.
The certificates shall provide substantially that if same shall not be paid
promptly upon maturity, then they shall be collectaole, with reasonable attorneys 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 forthwith with the City '.!easurer 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 certifi-
cate shall, upon presentation to him of the certificate by the holder thereof endorse said
payment thereon, 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 =_nd credit shall be the Treasurerse
Warrant for making such payment. Such payments by the Treasurer shell 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 attorneys fees, if in-
curred, 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 in—
stallments, leaving the main certificate to serve for the fifth installment, which coupons
may be payable to the City of Port 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 Port 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 substantially 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 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 there—
for in any other unit.
XIII.
The assessment 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 Port 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 Port Worth, Texas,
and by filing the complete Ordinance in the appropriate 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 APPRQY7D this /j,r/_ day of „ 1962'.
APPROVED AS TO FORM AND LTGALITY:
City Attorney
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City of Dort Worth, Texas un
Mayor and Council Communication
.DATE REFERENCE SUBJECT: Assessment Paving Wabash PAGE
6-17-63 G-486 Avenue Benefit Hearing 1 of 1
On May 6, 1963, an Administrative Hearing was held at the Westcliff Elementa
School Auditorium on Assessment Paving of Wabash Avenue. The r� � i cqe
of the following: (� 7� b;,, i �U
UNIT NO. STREET NAME LIMIT CITY SECRETARY
1 Wabash Avenue Trail La e�Dr RN, TEX'
To Seminary Drive
2 Seminary Drive Cherokee Trail
To Gulf Colorado
and Santa Fe Railroad
Attached are the following summaries: The distribution of assessment and
City costs, results of the post card survey, a resume of the administrative
hearing, and the assessment rolls with the property owners listed in alpha-
betical order.
Most of the objections outlined in the attached summary of the Administra-
tive Hearing were presented to the City Council in a report dated May 31,
1963.
It is the opinion of the Public Works Department that each parcel of property
is benefited in an amount equal to or in excess of the .amount recommended
for assessment.
.It is recommended that an ordinance be adopted closing the Hearing and levy-
ing the assessments' as proposed.
-JLB:ab
Attachments
SUBMITTED BY: DISPOSITION'BY COUNCIL: �P?ROCSED BY9 APPROVED ❑ OTHER (DESCRIBE) /1 Q ' SECRETARY �L�
DATE
/
CITY MANAGER
fG J��
Distribution of Costs and Results of Post Card Survey
PER
WABASH AVENUE AND SEMINAR'S DRIVE CENT
CONTRACT PRICE......................... .. ....}............. »...».................r........................S619783.37 90.9
ENGINEERING .... »..»..»..,................................................................................. 69178.33 9.1
ESTIMATED CONSTRUCTION COST............................................... »..».....................................;67 `f` o -
e
RESIDENTIAL FOOTAGE................................ 140.0 CITY
S` R Y
14
COMMERCIAL FOOTAGE.............................. 400.0 F ,
1.
TOTAL FOOTAGE............................................ 540.0 '0,0.0
RESIDENTIAL ASSESSMENT.................j................................# 910.00 25.9
COMMERCIAL ASSESSMENT.................................................... 2.600.00 741
GROSS AMOUNT ASSESSED..........................................................................................i 39510.00 5.1
LESSCREDITS GRANTED................................................................................................ 29930070 4.1
TOTAL NET ASSESSMENT............................................................................._..........................I............1......... 579o3O I.v
NET AMOUNT PAID BY CITY AT 1ARGIr............»...a...................................................................................;6T,.382.40 99.0
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR NO OBJECTION AGAINST
TOTAL PETITION PAVING SUBMITTED PAVING
NO. OF FRONT FEET 540 110, ,4C.0 290.0
PER CENT 100.0 2: .3 26.0 53.7
PARCELS OF PROPERTY 6 2 1 3
PER CENT 100.0 33.3 1.6. P 50.0
NO. OF PROPERTY OWNERS 3 1 1 1
PER CENT 100.0 33.4 33.3 33.3
OWNERS LIVING ON STREE) 1 0 1 0
PER CENT 100.0 0.00 100.0 0.00
OWNERS LIVING ELSEWHERE 2 1 0 1
PER CENT 100.0 50.0 0.0 5';;.0
Distribution of Costs and Results of Post Card SLrvey
GRANBURY ROAD
Trail La a Drive to Loop 217
UNIT ##6 PER
CENT
CONTRACTPRICE.............„................., .... ...,.... . ... . ,.... .e................ ...� 93,369018 90. ,
ENGINEERING ...........................-........„...........................,.Y.........n9,336.91
{9 336.91 �[�rmAl r•�.1
ESTIMATED CONSTRUCTION COST..................... „..........„................-'..... p
olvo 0
RESIDENTIAL FOOTAGE..................„........... 51,269.25 F r 4 85
COMMERCIAL FOOTAGE............................. 917.95 14.8
TOTAL FOOTAGE............................................ 69187.2 0
RESIDENTIAL ASSESSMENT...............................................s 51,954.81 85.2
COMMERCIAL ASSESSMENT.................................................... 99050.98 14.8
GROSS AMOUNT ASSESSED.........................................„...............................................1 61 tJ 0m.79 59.4
LESS CREDITS GRANTED................................................................................................ 459556974 44.3
TOTAL NET ASSESSMENT».....................................�...„. .„.... � ..............„........................................... 159449v 05 15.1
NET AMOUNT PAID BY CITY AT LARM.......„.............. ... ....................„......„..................................4 879257o O4 84A
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR NO OBJECTION AGAINST
TOTAL PETITION PAVING SUBMITTED PAVING
NO. OF FRONT FEET 69187.2 29668 1.9730o a 19596
PER CENT 100.0 44.0 29o7 26.3
PARCELS OF PROPERTY 41 4 1.. 20
PER CENT 100.0 9.7 42,61 48.2
NO. OF PROPERTY OWNERS 38 4 17 20
PER CENT 100.0 1010 40,0 5010
OWNERS LIVING ON STREET 32 2 11 19
PER CENT 100.0 7.0 34.0 iJ'9.0
OWNERS LIVING ELSEWHERE 6 2 3 1
PER CENT 100.0 3.4 50.0 1.6