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HomeMy WebLinkAboutOrdinance 5536 ORDINANCE ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF____DURO=Y IKAD 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 peaces in flie City of Fo f North, Texas, be improved by raising, grading, filling same and by constructing thereon to wit DUROTRY ROAD From Laster Road to Vesta I~arley Street, It aown &.)",a t.,esi� atee, as Unit 1?0. 14, Project 097-2400 0-140, a 6-inch hot mix asphaltic concrete pavement on a 30-_foot roadway. DV C/2'1iY R04D I" °;gym Vesta Farley Street to Davia C"L`rickland Road, koown and designatEd as Unit Trio. 15, Project 00/7-24000-140, a 6-iach hot ;i ix asphaltic concrete ire: °er:ent on a 30-foot roadway. LASTER 1-'0AD from Dfarothy Road to W. Service RopLd I.H. 820, known and desi�;aated as '0nit Yo. lc, Proj c:t; 097-24.000-14o, a, 6-inch '..°!.eta mix asl ltic concrete - a.vement on a 40-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 with S R.0 ASPITLT m, TN TO — M-LT I IMT ON 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--7--day of March , 196 , 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 _... m 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: NOW 'I'hIEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: Iz 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 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 substantially in proportion to the henefits 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 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 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 improvements, and is in all respects valid and regular. M. 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 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 (6170 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, 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 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 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, 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 Citv of Fort Worth, or its assigns, be and become immediately due and payable, and shall be collectable, together with reasonable attorney'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 (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 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-. 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 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. ' 'lL The total amount assessed against the respective p:raaivel,, (of a;ab&trrax l:r•a;iperty, and the owners thereof, is in accordance with the proceedings of tKY City raralau.ting tau said lrn)rowo..ar ents and «assesarne�rrts thereof, and is less than the proportion of the cost allowed arrol l,,w_ar°rwaata.eol by the law I Arp.e in the Oty. VJIL Although the aforementioned chargem lrave Ren Rxed lWaL and assessed in the respective amounts hereinabove stated, the City Council doers hei°O")Y unto it ar':rlf tfie rip,•ht to reduce the aforementioned assessments by allowing credits to certain pri+)ppi ty «>wniers whom rid erned appropriate. Notwithstanding the City Council has herein reserved the right to Issue crr diLs, it ,hall i.ro,rt tray required to issue credits, and will not do so, if same would result in any equity and/or unju st dism r umiraatkm. The principal amount of each of the sa.w.erarl nsseaasaiiount omeilinc ates to be issued the City of Fort Worth, Texas, as hereinafter provided, shall be Wed and duterinira w1 by alaarlw ing fi°om the amount of any assessment hereinabove levied such amount or ai°racraaaat:s, ilk rang, tram may hereafter im Olowed by the City Council as a credit against the respective assessments. For the purpose of evidencing the sv%Tt^iaal sums a"".,_ed against the respective parcels of abutting prop- erty and the owners thereof, and thra tKie rind ler°nis of paw rrient, and for aid in the enfurcerrient and collection thereof, assignable certificates in the principal ,antwwttnt of Me resjw(Aivv assessments less the amount of any re- spective credit allowed thereon, shall lac. Kum! tyw, die t'lf:w of i°a`or t WorHL ,po"xoq upon completion and accept- ance by the City of the impieverna nt«s in =h unit of ira Imm o ment ns the work in such unit is completed and accepted, which certificates shO be m.xo<< tr4,a,ud tW the uaa°alyr in the romrm of We City and attested by the City Secretary, with the corporate ^;anal of the t'u by ingn°ine dl I kinv on, and sh aH l.w payable to the City of Fort Worth, or its assigns, and shall declare the sahl ==s, thne Nnd uaTr°r'ag rot lwynae nt, rate of lriterest, and the date of Me completion and acceptance of i ho< hopp"wn""As &W t hm talym YLu di property for which the certificate is issued, and shwiH contain the naniv of UP owrwr or o"no". if known, d i ipl l,ora of the property by lot and block number, or front fret thereon, or .,dda,Ah wher ,lo,.wlpet% raga rmq Wdho a wr.we identiry the .sane; and if the said property shall be own"! by an es,9atfn 1 hot Ow ela Y o r9at°iom art` same An so owned, s,,;h rll I)e su HicientL and no error or mistake in describing sand,° p ropresl % or in giving—10 ivaame 4 1hp owne o .ahaali irtralldartoa" or in anywise impair such certificate, to the assessments lei imi. The certificates shall pnvide tl„rt it' h.r.11 not he prod promptly upon maturity, then they shall be c°ollectaable, with r~e,ammaldn a,a @,tadrrof_nis Res urwl eovt „ ;,,,{ eyll,vtrow if incurnicl, and shall provide substantially that the amounts e^vilorr(N wlfr.t°arly, 6h all tool ;Qdd for tl"a rts'�­',r �,.,rr)° iand Collector of Taxes of the City of Fort Worth, Texas, who shall issue fiis a vufaOlot l h w vY"c, 4 wl iv? ghwa.tl 1w o^vic%ce of such payment on any demand for the same, and the .urn, .,o a aw :aid C allaxd,pfer. or At,o^.;w Ad o. ppaosit the s unis so received by him forth- with with the City Treasurer two trd” lM,elor :mdl 11P'jd ]rs hFE-uu in ,a s,jgurutv fund and w1mm vary, payment shall be made in the City the Assessor and t`a0tol or of" '8°a xes t,Qwn scaph =t_l &ate .dull, u,"i presentation to him of Me cmtifiarte by the holder theroarala oui'u?or. , n ihi lw ru=cn, fla=°t°oro,p. GE`r uodi upi tilrcate iae assigned then the holder thereof shall be entitled to receive l'onn rk (Ty "°u r o ,wuu° r l e rdrproa int p.a.i<l upon, the prr er;entat.ion to him of such certificate so endor•ss,_l wind a rodk'eds "mrl °atck and Pws_ f sh:ail 1w the °l waasaara:es Warrant for making such 1myrrient. .t°u(h 1myr!aa°rat.; 1q, 11", 'p..rr=n.,un a. NO he n deipFlvd Jor the ho'ldr�r of such certificate in "'riting and by srsrrend4er thwreoG "Own t ho lY�`CP(t Ia,at, (w, vf ?r i ''v' h "Al a I`¢fiel"d t iui a,H (:o5^;'t;s of collection and reasonable ar.ttor s r °ney" fee,,;, ' t f g rac'rrr,a>'`41. lr_, t. iJc':,.,, prte7.41 r o t t.all. Said certificates shodl ruilher- n alte s¢u!ostaandaail,w, Haau.t rho pd°dYePHnpa °ow°hh reference to making the improvements have been raxptul,rarlo h�d ico v ith the In w, nnd that an pw¢urmpt6sites to the fixing of the assessment lien against the m-op,rta", dust alINY in a& oTWOale airO 1 i pidaa,°otrnd linalorllQ of the owners thereof have been performel and situ la ro,citabw rrol&I iaoa 100 1 t r,-MAC 12", d'9w�no�c ow .a11 the in a'tta^rs recited in such certificates, and no further proof" theimor .<li;dll 'ear antdri".w in mny o afuu 1. Said certificates may co;gmni: ' ikt hed, ltar`ivePaa, in d'"'iali'll"„"": of orEh ow any of the several installments thereof, or mane, have coup,;mns Ecru mph if r` thv I&L four iu�r��.t;allrr�rc�rru..�, lo: aw ng Lho nmin certificate to serve for the fifth installmenL, which cu_oulec,n., nay fain lo°aN:rl& to tlaw" Ot"o or DrOI TVoath, oar its Lo;sipris may be signed with the facsimile signatures of the AloEyor aaml a rtwo t° u a twrt gar °. 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. Fill 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 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. 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At tlao,,., Novrtmiber 11, 1965, benefit hearing for assessment paviAg at 2L Locations on the Soutbeast Side, the City Council requested that the staff deter mirnh.11 whether residents on Durothy and Laster Roads wished to participate in the cost of extending sanitary sewer in advance of assessment paving of the streets t; "C a-872). It was also suggested chat che staff explore the feasibility of replacing water mains in the area ataead of assessment paving. Q11_2f Sewer Eat;aaj2n, The Water Department has developed plans for providing sanitary sewer service to property owners alorg ,wroth y and Laster Roads. The estimated costs to each benefitting property owner of the area that is considered for assessment pavi ng are, as follows: Estimated Cost of Sanitary Sewer Service to home owners included in assess- ment paving project. Ots served - vacant and improved 75 Length of sewer required to provide service 5,724 ft. Less Allowance of 100 ft./ea. for owners of eleven existiRg impraved residential properties 1,100 ft. Excess footage of we required 49624 M. Evaluated cost to benefitted owners ($2.00)(4,624) $9,240.00 19 248. 0 X===0_ 11 pToperties - $840.72 O.O, L Cost of service connection $900.72 "Martel cost per deveLoped parcel Total estimated construction cost $250000, 1he construction cost of sanitary sewer is relatively high because the area is subdivided i'n large lots that are sparsely developed. A long approadka, main including a crossing of Interstate Highway 820 is required to provide sewer service to the area. L.t.y f cyr Re f uUic E i Under standard policies, owners of the eleven properties would be eligible for refunds on a front footage basis as additional taps are made to the sewerage system constructed to serve the portions of Durothy and LasteT Roads proposed for assessment paving. Front footage charges of $2.50 far, a total of 4,320 feet could r' unl.t In possible payments totaling $10,800 to be paid for future connections within, 1,0 years, Tbe el e", --ppoperrvs would be eligible for LOO per cent refunds if full developulFt n Xo it as the sewer and remaining charges would accrue to the MY In making the extension. EM011111Y V u`rl III, renmaw TE DATE NOT CE suwEcr Utility Extenslons in on nection. PAGE with Assessment Paving of Durothy and 2 3 G-917 66 J41i 4, d�E_12 4 and, 1a) vullwu Based upon the assessment pavir,rg rolls,, it was determined that seven individuals own the eleven parcels of dev*,,,,1oped property that are adja­ cent to the proposed paarving and eligible for sewer extensions on the existing impravements; policy which grants 100 feer free extension to each owner, Each owner was provided information by letter about the cost of sewer extensions to serve properties adjavent to Durothy and Laster Roads. Letters to the seven—property owners incln,aded an explarnatiir:wn, of cit,,,y policies, ciust tabulatiOZIS, and a 9tamped self-addressed no card for reply purposes, Three replies were received: Two by telephone and one returned post card. All Adicated no interest Q paying the cost of extf,'�ndirxg saritaxy sewer seivice to properties on Durothy and Laster Roads in advance of pa-ving. 1here was no response from four of the seven property owners, , lfixisel,,told water service is provIded by the City of Fort through lines acquired in April of 1962 from Couch Water Company. Most of the existing galvanized iron lines are two incbes in diameter, and are sufficient to provide residential service at the present stage of development in 0,,ie area. It is pl,wrned, howev,),nr, to install standard size water mains and fire hydrants almr,��g Durothy and Laster Roads ahead of the paving at no expense to adjacent property owners to avoid the reed for cutting tho""', paving in the future when further dewelopflney,,it in the area or detarivra- tion of the existing lines requires their replacement. A check of the a; nn nnnna, nnr aTea indicates that only 75 (15.6 per cent) of tito 411 lots in the,,., Addttion are developed which makes the cost relatively high per existing hase for utility aervices, Most of the streets are uripaved. war he assessment paving of Durothy aad Laster Roads was petitioned by the,,, Parent-Vachers Associatioa ot the W. M. Green Elementary School and, initiated by the City to provide paved access to the school from Inter- state Righway 820 and to the Sun Valley Addition located east of the ttlgl,tway. The paving of Durothy and Laster, Rk,,�ads is needed for proplex traffix circulation even though adjacent property owners do not wish to participate in the cost of extending sewer service in advance of the assessment paving. Standard water mains wand.ll be installed ahead of the paving to replace the existing ., liru-.s acquired from—a private water rune mpany� 1he new pavirg wrid water lines will, iv prove tfie neighborhkaod and may, stimulate orb paving projects, additiOna"1, deve, mm pnn OIE", area, and willirqness of owners to participate in the a f'14,T 0 tary sewer service throughout the addition� na........... din VATE REFERENCE SOBJECT: Utility Extensions in Comie c it i on PAGE NUMBER G-91,7 widi Assessment Paving of Durlotby and It is riacoymuended that Durothy and Laster Reads be paved as requesteA by the FTA of, W. 14. Green Elemlentary School and that the, assessments be lievied mW the hearing be closed cyn the following units." Street i kiml LUIS. Durothy Rcmd Laster Road to Vesta, Farley Road 15 Dur o tby Road Vesta Farley d to West Service Road of Interstate Higlimay 820 16 Laster Road, Durothy Road to West Service, Road of Interstate Highway 820 JLB., 1p Attach. A,P Il ` i x SUBMITTED BY', DISPOSUTJO k+Y COUNCIL P'R,DC SED BY APPROVED kt'-dikR (DESCRIBE) c TE CITY MA14AGER