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HomeMy WebLinkAboutOrdinance 4537 ORDINANCE NO. OFFICIAL RECORD ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART cny sEcRETARY OF THE COST OF I14PROVING A PORTION OF RIVERSIDE DRIVE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES1 FT. WORTH, TEX. 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 CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO T�M_ CITY COUNCIL THE RIGHT TO ALIA)W CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, TEXAS, AN'D BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDIING 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 on Riverside Drive, Unit 2, a 7" reinforced concrete pavement; on Huffman Street, Unit 3, a 321" Hot-Mix Asphaltic Concrete Surface on 811 Crushed Limestone Base; and on Booker Street, Unit 4, a '" Hot-Mix Asphaltic Concrete Surface on 811 Crushed Limestone Base, together with combined concrete curbs and gutters 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 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 Texas Bitulithic Company for the making and construction of such improvements; said portion of streets, avenues and public places being as follows, to-wit: Riverside Drive: From the northerly line of Lot 34, Lincoln Place Addition to the southerly line of East First Street, known and designated as Unit No. 2. Huffman Street: From the easterly line of Retta Street to the westerly line of Riverside Drive, known and designated as Unit No. 3. Booker Street: From the easterly line of Retta Street to the westerly line of Riverside Drive, known and designated as Unit No. 4. and, WHEREAS, estimates of the cost of the improvements on each such portion of street, 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 to 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 20th day of October, 1961, at 9:00 o'clock, 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: go,. protested that protested that protested that protested that protested that protested that protested that protested that protested that protested that protested that protested that -2- 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 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 protests 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 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 sub- stantially 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 sub- stantial justice and equality and uniformity between the respective owners of the respec tive 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 especially benefited in enhanced value to the said property by means of the said im- provements 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 proceed- ings 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 hereinbelcrw 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, his or her 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 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 percent (6%) per annum, together with reasonable attorneys' 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 there- of shall be and become due and payable as follows, to-wit: in five (5) equal install- ments, 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 percent (6%) per annum, payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity there- of, 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 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 Fort Worth, or its assigns, be and become immediately due and payable, and shall be collectible, together with reasonable attorneys' fees and costs of collection, if incurred, PROVIDED, however, that acting through its duly authorized Director of Pub- lic Works, the City of Fort Worth retains the right to authorize payment of the sums as- sessed against abutting property upon such completed and accepted unit in not more than forty-eight equal regular monthly installments of not less than $9.00 each, the first of such installments to become due and payable not more than 30 days after the completion and acceptance by the City of the particular unit, PROVIDED FURTHER, that the City At- torney is hereby empowered to authorize payment of said sums in lesser installments and or over a longer period of time in cases in which the Director of Public Works has pre- viously 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. 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 Collec- tor 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, 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 enforce- ment and collection of said assessments. -5- 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 re- lating 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 alloying credits to certain property owners where: (1) curb and/or gutter or paving presently exists, (2) property in commercially zoned areas is occupied by owner as his residence (this credit to be such that the maximum cost to the property owner per front foot, after allowing such credit, shall not exceed $5.50 per front foot for curb, gutter and paving, (3) property abuts on the street to be improved, but actually fronts on another street (this credit to be such tYiat the cost to the property owner, after allowing such credit, shall not exceed the amount of the assessment against a residential lot which fronts 100 feet on the street to be improved). Notwithstanding the City Council has herein reserved the right to issue credits as hereinabove provided, it shall not be required to issue such 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 Fort Worth, Texas, as hereinafter provided, shall be fixed and de- termined 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 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 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 in- terest, and the date of 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 thereof, or such other description as may otherwise identify the same; and if the said property shall be owned by an estate, then the description of sane as so owned shall be sufficient and no error or mistake in describing any property, or in giving the name of the awher, shall invalidate or in anywise impair such certificate, or the assessments levied. The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectible, 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 Treasurer to be kept and held by him in a separate fund, and when any payment shall be made to the City the Assessor and Col- lector of Taxes upon such certificate 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 and credit shall I-%e the Treasurer's Warrant for making such payment. Such payments by the Treasurer shall be receipted for by 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 incurred, have been paid in full. -6- Said certificates shall further recite substantially that the proceed- ings 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 pro- perty described in such certificate and the ,-ersonal 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 sighatures 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 enforce- ment and collection thereof, and may contain recitals substantially in accordance with the above and other additional recitals pertinent or appropriate thereto; 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 portion of any of said units adjacent to any premises exempt from the lien of such assess- ments 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 na,red, 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 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 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 APPROVED this of 4 1961. APPROVED AS TO FORM AND LEGALITY: City U) 4J 41 0 m 41 r- 0 LO 4 C> 41 m m 0 10 'o C) N L) Ol L) c 0 CD 7. 41 41 01 (7 0 w/ c LU 4J 0) C9 C� 0 \ k C,(3) C9 \ � 4J % 0 C) CD 0 C� ;;f: LO ::D > ,r CL | x \ � \ � 0 \ \ � \ m ^ \ \ \ CL \ 2 / � e \ \ � \ | \ G LLJ 0 ::D C: LU 2 fa. LIJ (A (3) LLJ uj W m [- < LLJ wi Lli co co m = co co tLi 2 e 0 0 0 0 d) 0 C� C� 11.) C� CIO 0 00 0 LO Ln co 't --4 n 0 4 Ili cl, :D Ll� Z 4:3 CD 10 Lo 0 --1 C) p 0 a (D 0 00 C (1) \0 Cl) 0 0 00 LO LO 0... 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WKnighit, and Gera llownt A benefit,hearing on As -u Paving for ocontract No. 2 of the Riverside Drive Widening and Paving Is scheduled for October 20, 1961 . 'This contract includes Rivorslide Drive trom the Sylvania Avenue Extension to area F,Irst Streot,, Huffman Stroeto and Booker Street. The Improvemont ,of Riverside Drive was Initiated by the 01 ty and Is scheduled In the 1961 Capital Im- prove morat Program (CIP-A-15 through 22), ThIs project *111 provtde a 60 f roadway on a minim= right-of-way-of 80 foot,, which w I I allow four I an f traffic f I*w w I th a park I ng Iona on each s I do. I nc I uded in the overal I project Is construction of a now bridge over the Trinity River and a new underpass at the 7'. & P. Ra I I road. The comp,I ate project w I I I prow I do a major thorough fare u endin from the Mansfield Highway on the South, to Highway 183 (28th Street) on the north. Overall - This Contract Contract Price $160,510.00 Residential Footage Assessed I fyz. I Commercial footage Asssessed 6,469.2 Total Footage Assessed 6t651 .3 Gross Amount Assessed $71,359.09 Less Credits Grantod Tot,al Not ftsessmant 57290,31.90 *36. 1% Not Amount Paid by City at Largis $102,6016. 10 *63.9% Oontract ,Prlce $155,,687.25 Roildential Footage Assessod Comm,erc 1,a I Fcatage Assessed 50,819.7 Total Footage Assessed 5*819.7 Qr 's Amount Assessed 66,0460.97 *42.7% Loss Credits Granted 13 4 1 A. 5 9 To ,:ta I Wt Assossmmfit' .05.77 *34.01% Not Amount Paid by ,01ty at IArqo $102,681.48 *66.0% m --ma- i October 20, 1961 Page N2, M&C_PW 1.601 Muffman Itroot Contract Price $ 1,575.60 Residential Footage Assessed 010 Oommercial Footage Assessed 29AA Total Footage Assessed 293.8 Gross Amount Assessed 1,730.48 *109.8% Less Cred,l'ts Granted 0.00 Total Not Ass6ssmont 14730.48 *109.8% Not Mo4nt FaW by City at Large 0.00 0.0 Mker, §1reet Goner Price $ 3,237.25 Residential Footage Assessed 0.0 Commercial Footage Assessed 537.8 Total Footago Assessed 537.8 Gross Amount Assessed $ X3, 167.64 * 97.8% Less Credits Granted 0.00. Total Not Assessment 3067.64 * 97.8% Not Amount Paid by City at Large $ 69.61 * 2.2% in the above figures, the total cost of the Intersections of Riverside Drive with Huffman Street and Booker Street Is Included In the Riverside Drive Unit, rather than being distributed, to all three units. This makes the percentage of the contract price assessed to the adjacent property dwners appear lower than It actually is ,lathe Riverside Drive unit, and makes the percentage assessed to the property owners in the other two units app oar higher than It actually Is. F this reason it appears that 'a eat grer amount Is being assessed to the property owners than the total con- tract price on Huffman Street. The actual percentage of the cost assessed to adjacent property owners on Huffman Street and Booker Street is approxi- mately 80 per ca .# a It is likely that there will be additional credits due on some of these streets for owner occupied residences, which have not as ,yet been reported. Any additional credits due will be detected when the property owners are contacted about signing assessment paving liens, and those credits will appear on the final assessment rolls. � m o r October 2 , 1961 Page - PW1-661 Status of Riverside Drive lmgEovement, The status of the various units of this project are listed below: nit status Mansfield Highway to East Rosedale Street Widened and paved by the Texas Highway Department Two block north of Belknap Street to Widened and paved by the HIghway, 183 (28th Street) (emu ty (Approximately 1932) Lancaster to the Sylvania Avenue Fact n- under construction sloe, Including bridge over Trinity iver Contract I Sylvania; Avenue Extension to East First Benefit hearing is scheduled ^fret, ;including Huffman Street* and for October 20, 1961 Wier Street* Bast First Street to two b locks north of Scheduled for construction In Belknap Street 1'96A, Lancaster Street to the Poly Freeway.. Scheduied for construction in Inuludi g new underpass at T.&,P. Railroad 1963 �w Poly Freeway to Rosedale Street Scheduled is r construction in 1964 Added by Cdunc i l t l on on December 23, 1,960 (P "0 0) to provide more adequate circulation of traffic in the area. Respectfully submitted, L. P. 0ookingdam, City Manager LPCyvg i