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HomeMy WebLinkAboutOrdinance 5137 P + ORDINANICE NO.- ORDINANCE CL0,SJNG HEARING AND LEVYING .ASSESSMENTS FOR PART 0 1#0 C dWl[i1' . OF IMPROVING A PORTION OF Lee Avenue ��� p�� AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLAw tL�E1 w r VITY OF FORT WORTH, TEXAS: FIXING CHARGES AND LIENS AGAINST FIaII "'UOPERTY THEREON, AND AGAINST THE OWNERS THEREOF: PROVIDING FOR THE COY,LECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI- CATES IN EVIDENCE THEREOF: RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS RED17CING 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, h hrr etod"nro ordered that each of the hereinafter described lac era of streets, a-venues and peublic p➢ace yn �T a~ e C,t,y 9 F41 1 Wm th,Texas,be improved by raising,grading, or and by constructing thereon to•r0 : 1. Lee Avenue From Grand Avenue to the north line of Lot 3, Block 81, North Fort Worth Addition, known and designated as a part of uait -!'o. 1, as 114-inch hot-mix asphaltic concrete surface on a 7-inch cement stabilized gravel base on a, 40-foot roadway, 2. Lee Avenue: From the north line of Lot 3, Flock 81, North Fort Worth Addition to Prospect Avusue, known .axd desiCna.ted as aa, part of "lx"xiit No. 1, a 1,11--inch hot-mix asphaltic concrete surface on a 7-inch cement stabilized gravel base on a 30-foot roadway. 3. Prospect Avenue: From Lee Avenue to hurth 'West 21st Street, kn.owa and designated as a par; of Unit ho. 1, a 1" inch hot-mix asphaltic concrete surface on a 7-inch cement stab- ilized gravel base on a 30-foot roadway. 4. Prospect Avenue: From Yorth West 21st Street to North hest 26th Street, knomm tand designated as Unit 2, a 1�1_inch hot--mix asphaltic concrete surface on a 7-inch cement staabil- ized gravel base on a 3C7--foot roadway. 7. Roosevelt Avenue: From the north line of Lot 11, north Point Addition to North 'driest 28Th Street, known and designated as a part of Unit No. 3, a 11-inch hot--mix asphaltic concrete surface on a 1-inch cement stabilized gravel base on a 30-foot roadway. 6. Francis Avenue: From North West 20th Street to Hagan Avenue, known and designated as a part of Unit --'o. 3, a 1,z inch hot-mix asphaltic concrete surface on a 7-inch cement stabilized gravel base on a 30--foot roadway. 7. Hagan Avenue: From North West 20th Street to the north line of Lot 14, Block 17, haker Hei,gAts Addition, known and designated as a. part of Unit to. 3, a lK inch hot--mix asphaltic concrete surface on a 7-inch ce ant stabilized d-„ravel base on a 40-foot roaadwaaM,-. S. Primrose Avenue: From Sylvania Avenue to Yorth Riverside Drive, known and desi ga.„,ted as Unit to. 4, a 1,J-inch hot-mix asphaltic concrete surface on a 7-inch cement stabilized gravel base on a 30-foot roaaci:,ar,•al. 9. Lee xvonue: From Prospect Avenue to North West 22nd Street, known a,id desit:;nated as a, part of Unit Us. 5, a It-inch hot-mix asphaltic concrete surface on a 7-inch cement stabilized ar,aavel base on a 30-foot roa runny. 10. Lee Avenue: From North West 23rd Street to Yorth West 26th Street, known vaL ansilnated as a part of Unit o- 5, a l-inch hot-mint: asialanatic concrete surface on ;a 7--inch cement stat'bilized gravel base on a 30-foot roadway. 11. Primrose Aveaue: From North Riverside Drive to Dolton Street, known and deli Snatek as a-part of Unit No. 6, a li-inch hot-mix asphaltic concrete surface on a 7-inch cement stabilized Lravel base on a 10-foot roadway. 12. Bolton Street: From PrOxosc Avenue to Mole Drive, ",aiown a,nd desig- nated as a part of Unit No. 6, a ly-inch hot-mix Osphaltic concrete surface on a 7-inch cement stabil- ized Lravel base on a 3G-foot roadway. 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 Te,ms Bit:hiUithic Coinp ny 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_Yoth day of- 1964 at 3:30 -L4 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 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 NO'A' 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 ov or, not, be and the same are hereby, overruled. H. The City Council, from the evidence, find,, 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 substantially 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 I:renefits received and burderis imposed, and further (rinds 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 ahuts 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 improeernents, and is in all respects valid and regular. III. There shall be, wind 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 riot) 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,tier 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 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 (61r) 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 against which the same are assessed, arid 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 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 (late at the rate of six per cent W,) per annum, payable annually with each install- ment, except as to the first installment, which shall be clue and payable at the maturity thereof, so that upon the completion and acceptance of the improvements in a particular r.init, 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 atLorney'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 assesed against abutting property upon such completed and accepted unit in not more than forty-eight (49) 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 particulsu, 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 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 rnaterialman'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. If default shall be made in the payment of anyv assessment, collection thereof shall be enforced either by the sale of the property b> the Assessor and Collector of Taxes of said Cite as near as possible in the same man- ner 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 jurisdic- tion, 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 n-ainst the respective parcels of abutting property, and the owners thereof„ is in accordance with the proceeding's 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 charge,,,, 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 certidn property owners where deemed appropriate.Notwithstanding the City Council has herein reserved the right to issue credit-,, it shah not be required to issue credits,and will not do so, if same would result in any equity and/or unjust di.crirnim,rtion. 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 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. IN For the purpose of evidencing the soveral,sums aF e,sed against the respective parcels of abutting prop- erty 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 re- spective credit allowed thereon, shall be issued by the City of Fort. Worth, 'Texas, upon completion and accept- ance by the City of the improvements in ir,wch unit of improvement as the work in such unit is completed and accepted, which certificates shall be executed by the mae,or in the name of the City and attested by the City Secretary, with the corporate seal of the Oty irnpresse-ed thereon, and shall be payable to the City of Fort Worth, or its assigns, and shall declare the;;aid airrountts, tirne and terms of payment rate of interest, and the date of the completion and acceptance of the inrprr'oa•c;rnent, t11aitting upon such property for which the certificate is issued, and shall contain the name of the owner or ro ners,if knower,description of the property by lot and block number, or front feet thereon, or such other des"iptioa as may othcrY°iviss e kientifv the same; and if the said property shall be owned bg° an estate, then thca cluacriptio n if same as s,,owned shall be sufficient and no error or mistake in describing any property, or in gia ingt� thr, natma> of the owner, shall invalidate or in anywise impair such certificate, to the asses,ments5 levied. The certificates shall provide substrrttti illi th at if sl ;ill not, bo paid promptly upon maturity, then they shall be collectable, with reasonable nttornaa fee- and co,tsa of colt oction, if incurred, and shall provide substantially that the amounts eti�M nced tl�ere:br shall lies land to the A 5e:; or and Collector of Taxes of the City of Fort, Worth, Texas, who,01,111 issue hiw� rereipl the-rufor, which shall he evideni,e of such payment on any demand for the same, and the Assessor and Coilector of Taxes A a+ll &.=p>osit the sums so received by him forth- with with the City Treasurer to be kept and hvid laa him in a ,separate fetid, and when any payment shall be made in the v Citv the Assessor and Collector of '71'ax , uproo uch e agii'ucnte shall, upon presentation to him of the certificate by the holder thereof endorse said povir,eao ihoreof, [fsuL-li certificate be. assigned then the holder thereof shall be entitled to receive from the C.`itY "Urea,suraxr the amount paid upon the presentation to him of such certificate so endorsed and credited; and suet ondor:vn i nt ,,Lrid r ro(ft shall the the Treasurer's Warrant for making such payment. Such payments I)V the,, 'faa s,ure^F ,hcrNl be iv eiptrod for the holder of such certificate in writing and by surrender thereof when MC pd tncili rl ing;a tlior° 'A ith accrued interest and all costs of collection and reasonable attorney;s fees, if incurred h vo been paid in full. Said certificates shall furthor recrta_ subslantiidlp, that the proceedings with reference to making the r improvements have been egtuharlG had in (2ompli2ance ki i4 h t1w iciv,o �!and that all prerequisites to the fixing of the assessment lien against the property descr�rhod in such uwi t,ha= personal liability of the owners thereof have been performed, and surly rcc wtals shall Yae prima facie,^ i-idow 4,of all the matter's recited in such certificates, and no further proof thereon slrarll ba:a rOxprrir'ed in any court. Said certificates may hale coupons ;Mached then,to in evil rrr of each or any of the several installments thereof, or may have coupons for 0;t: h of tha 11FA four irr.Oallnlora,, le wing tine main certificate to serve for the fifth installment, which coupons ma4 be p iyablo to the CHI% Of Fort %Voi,th, or its assigns may be signed with the facsimile signatures of the Ma,tor and (AY a,o(:a etary. 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 lave in force ments therefor in any other unit, 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. XIL 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. X1I1. 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 Legislati.tre of the State of Texas, known as Chapter 106 of the Acts of said Session and now shown as Article 11051)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 r _day of_ , gi°f _19_ APPROVED AS TO FOR11 AND LEGALITY: City Attorney , , , City o Fort Forth., Texas ��� P Mayor and Council Communication DATE.. RtFEREN CE $UB'ECT' Reconstruction of Gravel Base, PAGE NaJM% Streets at Six Locations,, on North Side, 3/30/64; G-625 Pro act N t194-270!00-1 4� The reconstruction of gravel base streets at six locations on the North Side is included in the 1964 Capital Improvement Program (A-177). On larch 9, 1964, the City approved M&C C-256 awarding the contract end setting March 30, 1964, as the date of the Benefit hearing. The project consists of the following: 1Tnit Sys I Lee Avenue Grand Avenues-to Prospect Avenue Prospect Avenue Lee Avenue to N. W. 21st Street 2 Prospect Avenue, N. W. 21st Street to N. W. 26th Street Roosevelt Avenue North ,lime of Lot 11, North Point Addition to N. W. 28th Street ' 3 Francis Avenue N. W. 20th Street to Hagan Avenue Ragan Avenue N. W. 20th Street to the North Line of Lot 14, Block 17, Baker Heights Addition. 4 Primrose Avenue Sylvaula Avenue to N. riverside Drive Lee Avenue Prospect Avenue to N. W. 22nd Street "Lee Avenue N. W. 23rd Street to N. W. 26th Street 6 Primrose Avenue N. Riverside Drive to Balton Street Bolton Street Primrose Avenue to Eagle Drive The proposed assessments are computed; in accordance with the City's Standard, Assessment Paving Policies. It is recommended that an ordinance be adopted closing the hearing and levying the assessments as proposedn. ,ILB:JW Attach: Attachment "A"" - resume of the project and summary of the Neighborhood Hearing. Attachment "B" Distribution of cost and re w U pot card survey. 1WLfAJ4f Attachment "C" - Assessment rolls in alphabe i . 1 o p il,,ARI. .. I IN w'..4W.WIMWyWtl9'wa^Aw uiYrviw wVU iVbWWxab!.WVbi inn......w�nwmwwnw�.w.iiimrr�...w.rwwmrtix�.......«.mw+.mm w+mu..mwmm..memmmmer.wm,rmnw..m�.wow..........mm.iw.�wrvww...nmrrr .+nrxnn........... SUBMITTED BY DISPQSMON BY COUNCIL PROCESSED BY ROVEC -OTC# R (DESCRIBE) �P` . CITY SECRETARY DATE C MANAGER °