HomeMy WebLinkAboutOrdinance 5600 ORDINANCE
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION
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:
f oin Trinity River t o l`..er a m � �y 8501 r
smith, known and,, designated as Unit No. 4.
reinforced con eto pa e mez:,t on a &,) foot
The above, together with combined concrete curbs and gar'tter on proper grade and line where same are not already
so constructed, together with storm drains and other necessary irnaadentrtrls 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 ha,9 been made and entered into with_ ..',;:MBA B.. TUL "t
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 1`r'Urpose of said hearing was given and said
hearing was had and held at the time and place llurr,d thrnrdOr°, to-wit, or'r, tine ti7t,l:;L(41Y of June
19_ 6-6—, in the Council Charn'rbe'r 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
and said hearing was continued to the lAwent time in onler to 11101'0 fully accomplish the purposes thereof, and
all desiring to be heard were given MYl and fair )PPOYLunit�' to be heard, and the City Council of the City having
fully considered all proper matter, is of the opAkrn that the said hearing should be closed and assessments
should he made and levied as hr.,rein ordered:
NOW THEIZEFORE:
BE IT ORDAINED BY THE UTY MUNC11. 010' "HiE CITY OF FORT WORTH,
TEXAS, THAT:
1.
Said hearing bv, mid the is hcrebv, clo,,wd and I hP ndd pmb%t and objections, and any and all other
protests and objections, whether hpndn tymnoluNd or kw nW. he and the same are MAIO overruled.
11,
The City ('OUM'il, from the evidwuv, Ads that the assessnivilts herein levied should be made and levied
against the respective parcels of propeily ;Mtting upon the add portions of streets, avenues and public places
and against the owrimm Of Such I)YOPMV and that such assessnlents and charges are right and proper and are
SUI)Stantiallv in proportion to the henef-its to the mspective parcels of by means of the improvements
in the L"dt for which such assessmew are Wv4d, and establish suishurithl justice and equality and uniformity
Mween the respective owners of the respeahT properties, and between all parties concerned, considering the
benefits received and burdens imposed, �tnd further finds that in each case the abutting property assessed is
specially benefited in enhanced value to the said Imuperty Q mimins of the said improvements in the unit upon
which the particular property abUtS and for which assessment is levied and charge matte, in a sum in excess of
the said assessment and charge made ag-ainst the saine by this Ordinance, and further Milds, that the apportion-
ment or the cost of the improvements Q in amorclance "ith the law in force in this City, and the proceedings of
the City heretofore had with refProince to said improvvinems. and is in all respects valid and regular.
JIL
There shall be, M is hereby, levied and assessed against the parcels of property hervin below mentioned,
and against the real and hoe owners thereof (whother nwh ownwo A correctly- named herein or not) the sums of
money itemised below ()Mhmke the ifescripAn of the rospectivc pamuls Of Invipsly and the several amounts
assessed against the same. and the owners thereof, as fay as such owners are known, being as follows:
Where more than one person, firm or corporaWn urns an interest in any property above described, each
said person, hyrn or corporation Wald 4, personally hable, oa& for its„ her or his pro r,,i,ta of the total assessment
against such property in proportion as its, has or her respective interest boars to the total ownership of such
property, and its, his or respective interest in such puropeRy uaaa.a,y he released from the assessment lien upon pay-
ment of such proportionate sum.
Vd
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 i ) leer annum, together with reasonable attorney's
fees and costs of collection, if incurred, are ho e by dc.a°lareal to be and are nunde alien upoaa the respective parcels
of property against which the same are assessed, and au W u°m maal liaWhty and charge against the real and true
owners of such property, whether such owners be c«aa re,tly nanwd B'a.ere hi or not, and the said Hens shall be and
constitute the first enforceable lien and claahu against the prop:aet°ty on which such ;assessments are levied, and
shall be a first and paramount lien thereon, sulaerWr to °all other Hens and claims, awept 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 insta.lhnorit,s, due respectively on or before thirty (30) days, one (1),
two (2), three (3), and four (4) years from the chafe of completion and aacavptance of the ivaaprovements in the
respective unit, and the assessments against the property aabutting upon than remaining units° shall be and become
due and payable in such installments lufter the date of the completion and acceptance of such msgaedive units, and
shall bear interest from said date at the rate of six per cent (6t i ) per a.nnuan, payable annually with each install-
ment, except as to the that installment, which shall be due and paaayraable at the maturity thereof, so that upon the
completion and ameptaance of the improvements in a I>artk a hr unit, assessments against the property abutting
upon suers completed and accepted unit SIM11 be old I»aCMWa eluaaa wind payaable in ;wauch 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 instaaiiarew therno `, befove, maturity gay I,ntyment of principal and
accrued interest, and provided further that if debult SalI be made W the paynicant of principal or interest
promptly- as the same matures, then the entire amount cif Lhe. at ,soa,.arnout upon kkhich such default is made shall,
at the option of said City of Fort WorLh, or Us a. awxitarrc 0 and bt mnv AnnWately due^ and payable, and shall be
collectable, together with reasonable attorney's fees and cost or collection, if' incurred, PROVIDED, however,
that acting through its duly authorized Director cif Puhhc• Wco t s than (`ity° of ka"aW Worth retains the right to
authorize payment of the sums assured against: aaburtf ng lwopredy upon such completed and accepted unit in not
more than forty-eight (18) equal regular monthly- instralhneend ., of not leas than $100 each, the first of such
installments to become due and payalale not more than thNQ, 64)) days aftor the cornp>letion and acceptance by
the City of the particular unit. PROVUHA) Fl l."hf(NA.. that than (10 .yttomey is hereby egnpuNvered to authorize
payments of said sums of lesser installment s owdlor uy n, .a 1"gee jwr•iml of thri e in (ases in which the Director
of Public `<t'orhs has I.areviously determbied that an awtaawin finanKal WS-hip ul)ora the property owner will
otherwise result; and PROVIDED 157 THEIL that such mahmi of 1myrnents shall be authorized only in instances
where the owner or owners of property abutting upon moh e°orrgWed :uaaal accepted uunit shall have executed and
delivered to the City of Fort Worth a lawful, vaaHd and Wrcdie c non, and mechanic's and nu terialman's contract
upon forms supplied by the City granting a mecluanic , lie,n upon mul conveying Be saaW abutUng property in
trust to secure the payment by said owner or owners according to the Corms Mereof of the sums assessed against
such property.
V 1,
If default shall be made in the haayment of any aaoson ancM, collection theaa•c;:at .shall be enforced either by
the sale of the property by the Assessor mind Collector o'l` C a°c6v of :�dd ('i y as, near ae.Ms in the same man-
ner provided for the sale of property for than a°rorilm nkat of ad "taare u, taxes, or at the option of the City of
Fort Worth, or its assigns, payment of said suers shall be Wo"°a>ci by suit hi any court of competent jurisdic-
tion, or as provided in any mechanicY or rraaeterialn, ana acana mcL as aforesaid, and nAd (IQ shall exercise all of
As lawful powers to acid in the enforcement and collection of saki ,ar e ,aa, mints.
VIL
The bi zo] �,nlwlvt anwowd :au in KI TV iwd"AW PN a am K a hW I Wg I MqWIIi�,y, ;urvl ihir, is
rn accurdanco w it h the prtwe('d If th�� ( ldaf j Q Ln said WiPrUMHOrd h alld I hete? and is
Us than thv p1`4qm1Wn ul 10 •100 10"141 am! PNOW01 by ke W" in F"VV &
Vill"
Ahhough the havc," wrij fixod, 4-, Ied, tnd 11'11,�-'e(,SS("�d Crf the Y spective ",ollounts
hereinalwe MWL the Oty (A)uncil doqy W• 1 ivswrv- (aw(s Uw right to YeAwe the aWmentioned
ussessnients byaHum!Rg ( rvtts Jo m%Mu prop Ay wwrs witere devn"Al appropriate, TqcawJAhMmnTng the CRy
Council has herein resvrW the rjht W hKqv (WAs, it skidl I& A tiquist h) Que crWn wK W not do so,
if sanle Would r`esuh u in "'ittly &."qiflf:v ,m(l ')@ I,,{njwl
The prinelp"d 'irtiouto of v li h Id,. f ho ",,I .d oj, 1 (how to to imuttd the City of F'ort Worth,
T( Nair), ere''inalte sh ,dl f,Jr, (,"pod rojm Ih-lorrtiinod hy- front To wrtmint of-Any assessnient
hereinaltoky, luvicd such onwunt krP ,tmountm it ari , as mTv WwNpr 1w MOW Q thp Uty Cound! as a credit
og�aJws,t
'For titc, purpose u4 Or iv 4pwdiva pwin of abOdng pny-
eNy vuld !he ownwo thorml, W tho hn,(, xid "orni, -i ,i,nd 1(i aOd ItP Ike coHection
thurod, nSSQTa1?-"W 1%i t"; W I W JHDH w a l powint (I F 1 h e YPxj)tY i t r asm,mmmunis W I W ounuunt of any re-
,qx,ci i v crv(ht T p I',�r e't I�, "h n I I ht� I I'" (';i " Fo I w f I, T up I c i�I t k p I'ktio I'k "'tnd accept-
a I UV I q t h P f i t 6 iT t I H I in I PrUVWH HO 1 X I H I qn!—"nh J WH YW C'MWJ I I!N' V,H Ik h� Z�(Wi I U[nit is (",onqt4led and
t,1i,jjj(,h jq jincylUx MINH ho ul" OW'd K& i hU AMOV !H I ha =It Of IV (1,41 "Ild afte•ted fq 010 CUS'
Surelar;% "'r h tim cowpItion anoW chp Ali(" injin4 "j f hr n qn mW Y Q pNqihie tip i hu (Ify td Rol. Worth,
o I its ®wd ,,h Ii d I di't,I Nt 6' (he' :Iid ?M d I I 1 td I I:I""n wP I I adn,, W tf 'I[III(G the date of
the ,ompk,hwi wu� P, 1 w III I, for tht, c(-'rlificate is
a11�nd FhaU roytt Vin I ho IJ d""', i,lpl )11 of tho pvop�or ,%' b ' k)tarld block
FrVk;kllad P°, or frunE feet 1 OY 40 1. P 1 WA ! nq, 1111 C ,0 1" V" idont ;,;'une; and k1' the said
,dtW kc) 0"W hy nn -Wv� 11 . aW o if pr;n- W 01 154Wd shkol WSUHUM anti 1u) erivror
l I I I skoke to dos N illi It g ai to' ppop; ' r r !!! �IIW iW% I"tH i I I",Nh(Lo,o ur G I 7 ,urovise impair
hurh cv,00cale, to 10 3yov"n"Ov h ,gird.
flit, � If'W, I itf, Idh T.i rIw- :if) Ii : JWdFl paid )nmnp l�'I, uppol nuourity, 1herl
^JvtH hv Cihh, "''n, � wl, 41 ln+ aind shail provide
i�aO OIk wa.sni-and K)Uoctor of Taxes of We
(10 n( 10irl Ws"i h, I vxw rfi,Im -I ;K1 k-a- i 1 n ndlo "I l(1 lw d,� idt'fp o (0, ffr hk p tvn'wnt on ally
deIawid ikM& I;w � tw'' atoll III(, A-WAOT "I " I "W" ho 'n OUH dinAl iht, !O YtICTived hy hirn forth-
Y"W1 W,vtdl tho C11'1' t'' iw 1,oi,I, Ii(I ,dhi 1) , i m, tt ;1 �'Imd, tnd p"AwIte ,Iot,v pa"sinvilt sh'all he
flfWle h the CO.Y 10 Nsrssfir W ( Awn Or A Wa u "W-"" h CIQ, Op, dh H, Itjxm prd'8(,'nGIA.Jon to hini of
notI k),, I io ° f,nd,,� , 1 H-w h ( n tW,,;jA,, Iif, a,:,I�dgiwd Utt,'n fhe holder
1hoW shod! Q, CM&WO ky 114 11%1, 1i ' PC f T —"no In iT I w anpyml yAd iqwu I ho imseMaHon to hkv of
MkKa Will-W m ICI, dl,d 1,10, YJw 1're'l ro r, , W a rra n t tor`
"�," 1 C 1, I,1, 1," , I''d W p i t(,t, r, d,ic h4 v d v r t i 0 ca to i n
"Oting and by sunwmw; tW"n 100 , 'Ai 'I' np, Nnr -d fidb ,ts of collection
W tPawn:00 atinnit, 1 fees. A in(Am i (I i I'd!
Sail #WWWWK 111011 NOW t,,,�'erenre to rmiking the
lownAnnews WC 1WNj to the fixing of the
th(, � s eof
hn N". IC�� ��,j I jwtsie�;,� �j�dh�hI�v of Lh,,,t, itvvners the�
have Won jwls)Vlnok am! Attch I'Wok, &III y,, jin I�i w M`d iIl� irl su
,tlld no [wlt9n'r prmpf ihvIt',d "I :1 ' h'' �!)
Sod CNAHWACS Hui, MAP I WliCIC110" M,u W MIV (1i' ilw ditai
1hMVW% or nmy linvo vwqmun ki o�],, ''� (� , �I 1, t1w to Serve fril, the
Uth instan;Ulqp. whAT cwjhm Han jaWk t" AW th, niHiy be �fg'rItpd wHJI the
or i1w
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.
X11.
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 ......
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ENGINEER'S ASSESSMENT ROLL
PAVING OF
FROM
TO
UNIT No. 44_� OF 1 AP (&1.69 PROJECT No. 1o(°,)LR,-27 (,Q—I)6 ROADWAY WIDTH 49 k"
TYPE OF IMPROVEMENT: Rr 7 1 1'CR(7,iII4 P, Ty li A GI,,i `4 :° 1„71171 A �� s ,,. '°; A iTr, avR.I
RATE FRONT GROSS AMOUNT CREDITS NET AMOUR " SUB TOTAL APPARENT
PER FEET ASSESSED ASSESSED "TOTAL COST
FRONT
FOOT
CONTRACT" $ 14 )� 0. 5
10 PER CENT ENGINEERING $ -)l10 .0
TOTAL CONTRACT $ :L55,()145-,g,3
CURB AND GUTTER
RESIDENTIAL 2.05 573k.92 $11, 7,19.65 $ 3,387-56 $ S,532.10
COMMERCIAL $ $
'TOTAL FOR CURB AND G1.ETER $I1,,jig.66s $ 3,18 ��
E $ $, ,. I•10
PAVEMENT :
RESIDENTIAL 10-43 I.6.92 $59,627-)48 $3$,44444.0E $ 22,193.46
.4 6
t
CO ERCIAL $ $ $
TOTAL FCtl PAVEME.NT $59,62 .��'g
" 7, 1�.02 $ 22,193-
..
TOTAL ASSESSE1) 4 12.149 $ 'I . E µ 71 X47-T 1 0,631.�"�
- m . . o� ����������ww�m��� ....�������� ���
CITY'S KlITION $124,
UNIT No. 4 OF 4
ENGINEER'S FRJ�ILIMIFARY ASSESSMENT ROLL PAGE No. 2 OF 2
CONTRACTOR TH'X'AS BITU71THIC CO. CONTRACT DATE: 6-13-66 UNIT DESCRIPTION,& HTjL:9ff STRaii;T
Trinity River 'to Approx. 28501 South
DESCRIPTION OF PROPERTY FOOT
CERTIFICATE PROPERTY LCT BLOCK ADDITION APPARENT IMPROVE-Z-N—Ts CURB PROPERTY ADJUSTMENT AMOUNT
No. OWNER FRONT EXCLUSIVE OF AND OWNER'S CREDITS OF
FEET CB. & GUT.PER GUTTER COST ASSESSMENT
FRONT FOOT PER LINEAR BEFORE
s ic).43 FOOT CREDITS
$ 2.05 $ 12.4p,
West S ,de
T. V. Dxmrlg Tr. 9 S.C. Truirvan 2,947-21 29, 696.4c) 5,836-78 3 5,5,3 ,9 71�4.211 No Benefit 5 r. 15,520.11�
Mid-Crmt1nent Bldg. 249.2 Ac. S�rrvey 12.14�,,5 9,2S7-74
_kb,t r m c t 23,011 Developer' s Cr.
2 4 1 ' 1
e.1 r,; 7,0
5- 0 - �1-'[.
2 0,
East Side
Y., TX1. Davis fir. 9 S.C. Tninan 2,869. 'Tl 29,931-09 5,892-90 3 5,S13,. P,' '3'10-71 No Benefit Cr. 15,195.42
Mid-Continent, 24,q.2 Ac. 13,urvey, 6) 12.4,S l 1-),117.6,6
Ab s t,r ri c t 205T: Developer�n l0r.,
10
7,77177T,--7579 777777— 7�77—i 7r,,.
City of Fort Worth, 'rexas
mwf'"0
Mayor and Council Communication
00
DATE REFERENCE SUBJECT: Widening and Paving of Hulen PAGE
6/27/66 NUMBER G-957 Street, Project No. 104-23000- 1 of
106, Unit IV CIP-4)
On June 13, 1966, the, City Council awarded the contract for assessment
paving of Hulen Street, Project No. 104-230000106, Unit IV, and set
June 27, 1966 as the date for the Benefit Hearing (M&C C-725). The
project includes the following unit:
Roadway
Kai!� Street L-Lai t S . Widt1h
4 Hulen Trinity River to approx. 2,850' 60 feet 80 feet
south
It is the opinion of the Public Works Department that each parcel of
property is benefitted in an amount equal to or in excess of the amount
recommended for assessment.
Recommendation
It is recommended that an ordinance be adopted closing the hearing and
levying the assessments as proposed.
JLB:lp
The following summaries are attached:
Distribution of cost and assessments
Assessment rolls in alphabetical order
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TEX.
SUBMITTED BY: OISPOSITIO�"BY COUNCIL: PRO cT'X9'J Y
VAPPROVED E 'OTHER (DESCRIBE)
CITY SECRETARYi
DATE
.......
CITY MANAGER JUN 2 re,