HomeMy WebLinkAboutOrdinance 7646 ORDINANCE NO.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF— SUTTER STREET _ ___
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 Ming carne and by constructing thereon to-wit:
SUTTER STREET From Birchman Avenue to Pershing Avenue, known
and designated as Project No. 204-24000-268, a
six-inch thick hot-mix asphaltic concrete pave-
ment on a six-inch thick lime stabilized sub-
grade with seven-inch high concrete curb and
eighteen-inch wide concrete gutter on a thirty-
foot roadway. Six-inch thick concrete driveways
will be constructed where specified.
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 Bob Moore, 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 tl m!. _day of��_._ber
�.Pt„t� f�a to
19 77 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 fail' opportunity to be heard, and the City Council of the City having
fully v 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
Nokk' THENEFOIZE:
BE 11' ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, THAT:
I.
Said hearing I)e, and the same is herein-, closed and the said protest and ol),jections, and any and all other
)I•Otests and objections, whether herein enumerated or or not, be and the same are herebv, overruled.
11.
The ("it, Council, from the evidence, finds that the assessments herein levied should be Made and levied
against the respective parcel,,; of property v abutting upon the said portions of streets, avenues and public places
and against. the OWIlel'S Of SLICII pl-Opel'tYI and thA such assessments and charges are right and proper and are
substantially in proportion to the benefits to the respective parcels of property h\ means of the improvements
.ill the unit for which such assessments are levied, and establish SUI)St�llltiad
justice and equality and uniformity
between the respective owners of the respective properties, and between all parties concerned, considering the
benefits received and 6urdens imposed, and further finds that in Cili.,h CASC the abutting property assessed is
specially v benefited in enhanced value to the said property v 1)'v means of the said improvements in the Unit upon
"Mich the particular property v abuts and for which assessment is levied and charge made, in a sum in excess of
the said assessment and charge made against the swi-te 1)'v this, ordinance, and further find,,; that the apportion-
ment of [lie cost of the improvements is in accordance \6th the law in force in this Cit'v, and the proceedings of
the CitY heretofore had vtiith reference to said improv ,nwnts, and is in all respects valid and re-LI1,11'.
11H.
There shall he, and is herebv, levied and as,�essed against the paircel.,; of property herein below mentioned,
:rod against the real and true OIA'1)(11:s thereof (%Olethersticl, - named herein or not) the sums of
) owner be correctly
nione,v itemized I)e!o"* opposite the description of the ve,-;pective parcels oil' propert'v and the several amounts
assessed against the sanie, and the owners thereof', its fio• as such o,�+,-ners are known, being as follow,,:
Where more than one person, firm or corporation owns am interest in nn,y property above described, each
said person, firm or corporations shall be por:sonall,y liable only for its, her or his pro rata of the total assessment
again,,st 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 (Eri<) 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 -.gliinst which the samcr are assessed, and a personal liability and charge against the rear] 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 liens 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 agaims;t 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 (61, ) per annum, payable annually with each install-
ment, except as to the first installment, which shall be due and payal)ie 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 he 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,
alt the option of said City of Fort Worth, or its assigns, be in(] become imniediately due and payable, and shall be
collectaNe, together with reasonable attornec°`s fees wind cost of collection, if incurred, PROVIDED, however,
that acting through its duly authorized Director of Public Works the Cite of Fovt Worth retains the right to
authorize payment of the sums aSISa:rsed against abutting property- upon such completed and accepted unit in not
more than forty-eight (48) equal regular monthly- installments of not less than $0.00 each, the first of such
installments to become due and payasble not more than thirty (30) days after the completion and acceptance by
the City r
of the particular unit. PROVIDED FURTHER, that the City .Attoney 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; avid PROVIDED FU'RTHLIt, that such method of payments shall I>e authou'ized only in .instances
where the owner or owners of propel°ty abu.ittir upon such completed and accepted unit shall have executed and
delivered to the City of Fort Worth a lawful, valid and I>inding note and mechanic':: and materialman's contract
upon forms supplied hr the City granting a mechanic's lien upon and conveyinZ the said abutting property in
tract to secure the payment 1>y sand ovvner or owners according to the terms thereof of the sums assessed against
such property.
If default shall be made in th,.� payment of airy assessment, collection thereof shail be enforced either by
the sale of the property- liy the Assessor and Collector of 'faxes of said Cits as near as possil51e in the same man-
ner provided for the sane of property for the non-payment of ad ya�lorem taxes, or at the option of the City of
Fort Worth, or its assigns. payment of sacid sums shall be enforced Iiy suit in any court of competent jurisdic-
tion, or as provided in anti- rnechanic•'s or materialman's contract is aforesaid, and said City shall exercise all of
its lawful powers to aid in the enforcement. and collection of sand assessments.
VII.
The total amount assessed against the respective parcels of abutting prolwl't,v, and the ownerr> 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
herein< Move staters, 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
COL11161 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 acrd/or unjust discrimination.
'The principal amount of each of the several assessment certificates to be issued the City of Fort Worth,
Texas, i s hereinafter provided, shall be fixed and determined by deducting front 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.
I X.
For the purpose of evidencing the sevmstsums assessed against the respective parcels of abutting prop-
erty and the owners thereof, and the time and terms of pMownt, and to aid iii the enforcement and collection
thereof, assignable certificates in the principal amount of the respech e assessments less the amount of any re-
spective credit allowed thereon, shall be issued by the Cite of Fort Work, Texas, upon completion and accept-
ance by the Cite of the impro\ements in reach unit of improvement as the wt.irk in such unit. is Completed and
accepted, which certifuates shall is executed by i.he manor in the name (A the City and attested by the City
Secretary, with the corporate seal of the Cite in-opresserl thereon, and shnH 1)e payable to the City- of Fort \Forth,
or its assigns, arnd shall declare the :,acid amounts, time and terno or pad nlent, rate of interest, and the date of
the completion and aer-eptance of the iniprovements rihatbrng upon awl property for which the cert-ificate is
issued, and shall contain the name of the owner or i,wners, if kno"n, ClevAption of the property by lot nand block
number, or front feet thereon, or such other desciption as may otherwise identify the same; and if the said
property shall he owned by an estate, then the description of same as so owned shall be Sufficient and no error or
mistake in descrikirg any pnMelln Cyr in gking the narue 0f A, ownw% ANN invandate or in im,wise impair
such certificate, to the assessmpnts MOW.
The ceNificaltes shatll provide sulstalntially that if sanW 1lharll not Ire paid i>rontptly 111)011 maturity, then
they shall he ca,llecta ale, with reasonable atto"wyV fees am! iWMS "f no" tion, if incurrod, arnd shnll provide
substantially that the amotmts evidenced thereby shall he paid to tilt, Assessor and Collector of 'Taxes of the
City of Fort Worth, "Texas, who shall issue; his leceipt thetvfo1, %\hi( h -�hall i)e (,\iCdence of such payment on any
demand for the same, and the A.�,sesmw and ('r,liectrw of Tnst's shall dglosit the sums so received by him forth-
with with the City Treasurer to lw h.e1)t and held Irk him in a st),nacate ftiml and when any payment shall be,
made in the City the Assessor and Collector• of 'faxes I,= such twinilicAle shalk upon presentation to him of
the certificn.te iV the hoiden thereof vndAmov W1 Ilayment thovA If Shut cec liflcalte he assign ed then the holder
thereof shall be entitled to receive front the Oty Tivasuivu the unruun,t paid UlMn the presentation to him of
such certificate so endorsed and credited: and such enob"Y eroC nt nod Wl .shAl be the Treasurer's Warrant for
making such paynient. Such payments by the "1'icasurev AM ho rc uiptoni I(u the holder of si ch certificate in
writing and by surrender thereon' when the pkwoiarl, t.r vI l -r wNh m ci ued interest and all costs of collection
and reasenrOde Worney's fees, if ink tar red, have been paid in full.
Said certificates shall further recite substantially that thV prnWOlingS Mth reference to making the
iniprim-ements have been regalarly had in cnml Wnce %vkh the) Kv. nod that ath Iuvretlukke.s tn the fixing of the
assessment lien agahlst the property- described in such certiOunte ;unl i pie personal 105ility of the owners thereof
have been performed, and such recitals shall We imAnia faciP eAkhk a N ;',I1 the matt etv recited in such certificates,
and no further proof thereof shall be rcquirrd in any court.
Said certificates may hay e coupons attached thereto Pit e% blench of each it any of the several installments
thereo( or mazy have coupons for each of the lirst Four insla'llment.s, lea%AR the main certihcatte to serve for the
UK installment. "Itich coulrons rna% be palyal)lc to the CA of Mt. Wirth, or its assig-cis rang- he signed with the
facsimile sonatnres of the Afa o[` 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.
X1.
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.
X111.
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
APPROVED AS TO FORM AND LEGALITY:
City Attorney
"
PRO,JECT NO. l04 to be
improved by constructing a six-inch thick hot-mix asphaltic concrete pavement on u six-
inch thick lime stabilized uobgcade with seven-inch blgb concrete curb and eigbtcco-1uob
vide concrete gutter on a thirty-foot roadway. 5lz-iocb thick concrete driveways will
be constructed where specified.
BLOCK
DW0ER L0I 200INC FD001AQE RATE AMOUNT ASSESSMENT
WEST 5ZDD FACTORY PLACE ADDITION
Beginning at the corner of Sutter Street and Dlrcbmao Aveoue,
C. D. Redden 10 57 120' Side lot adjusted to,
6455 Pioon Kea. 100' Pavement $2.92 $292.00
76116 100' Gutter only 2.79 279.00
$571.00
Alley 151
Thomas A. Tucker, Jr. 20 57 120' Side lot adjusted co:
3981 Pershing Res. 100' Pavement $2,92 $292.00
76107 100` gutter only 2-70 279.00
$571.00
Pershing Avenue intersects
LAST SIDE
Luther M. Stroud, Jr. ll 58 128, Side lot adjusted to:
3837 Pershing Res. 100' Pavement $2.92 $292.00
76I07 100' Curb & Gutter 5.58 558^00
$850.00
Alley 15'
Jess E. Van Loon I 58 120' Side lot adjusted co:
3836 8ircbmao Des. 100' PanemeoL $2.92 $292.00
76106 100' Curb 6 gutter 5'58 558.00
$850.00
TOTAL COST TO n0J9EB2Y OWNERS (&SSESSME0T8) . . . . . .$ 2^842.00
TOTAL COOT ID CITY OF FORT WORTH. . . . . . . . . . . . . . . . .$23,682^9Y
TOTAL ESTIMATED CONSTRUCTION COSI. . . . . . . . . . .. . . . . .$26,524,99
f
ry �' A
r
me City of" Fort Worth, Texas
AWE Mayor and Council Communication
mom
DATE REFERENCE SUBJECT: Benefit Hearing - Assessment PAGE
NUMBER Paving of Sutter Street, 1976-78 C.I.P. ,
10/20/77 G-�3601 Pages C-1 and C-2 I of
On September 20, 1,977, a Construction Contract was awarded to Bob Moore,
Inc. , for the improvement of Sutter Street, Project No, 13-024268-00,
and October 18, 1977, was set as the date for the Benefit Hearing (M&C
No.,, C-3917) % All fc;ur adjacent property owners were notified of the
hearing by Certified Mail on September 30, 1977.
Roadway R.,O.W.
Street 1,imi t s Width-Feet Width-Feet
Sutter Bircbman. Avenue 30 60
to Pershing Avenue
Or
The improvement of Sutter Street was initiated by a paving petition,
signed by the owners of 50% of the adjacent property The paving peti-
tion was received on, March 25, 1977,
.Ln2j'2yep ents
Sutter Street wi.11, be improved with residential grade hot-mix asphaltic
corLe'r,ete pavement with concrete curb, gutter and driveway approaches.
Also included are 'required drainage facilities and appurtenances.
Enhancement '61f AbuttknzP_r2p,
Based on previous appraisals of like property, the improved access
afforded by the new street, the prevention of dust and mud, the improved
drainage provided by curb and gutter, it is the opinion of the Public
Works Director that each parcel of abutting property is benefitted in an
amount equal to or ir, excess of the amount recommended for assessment.
Recommendat im
It is recommended that an ordinance be adopted, closing the Benefit
Hearing and levying the assessments as proposed.
CC:ic
Attachments
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY
�APPROVEO n OTHER (DESCRIBE) C� VVI-19
Y'r S ECRETARY
hearing and levying assessments. DATE
CITY MANAGER