HomeMy WebLinkAboutOrdinance 5641 ~ ~
ORDINANCE NO' �-
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART 0F THE COST
OF IMPROVING Ap0RrlON 0F_
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC—P L__A__C_ES—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 vY Fort Worth,Texas,has heretofore ordered that *ocb of the hereinafter dvnor(hod
ncrtinuouf streets, avenues and nvWioplaces in the City,f Fort Worth, heicuvro"eVhr,uiviu� gmdio�
or�Uioo same and hr constructing thereon to-wit:
'^' '`~'~' ' '
l. Cuazom Avsmuev From the East line of curblaou Road to the west line
or Sappington Place, uon%,in and designated as Unit i,
Project No. 104-24000-151, a 6-inch hot-mix asphaltic
concrete pavement on a 301 rvaumvv.
2~ cunzo0 xvsmoE, From the East line of Sappington Place to the V'�est line
of Olive Place' known and designated as Unit e, Project
No. 1O4-2400O-l5l, a 6-inch hot-mix asphaltic concrete
pavement on a 30' roadway.
S, u000zms SreEsT` From the North line of Libuev Avenue to the South line
of Goodman uveouv, known and ueoiouatou as Unit 3,
Project mv, 10*-24000-151, a 6-inch hot-mix asphaltic
concrete pavement on a 30^ roadway.
4. Pnsvosr sTacsr^ From the South lino of Humbert Avenue to the South line
of Blackmvre Avenue, knv^m and uosisuoteu as uoa 4,
Project mu, 104-24000-151, a 6-inch not-mi, asphaltic
concrete pave.`ent on a ou' roadway.
o. !�^zvomT STREET: From the South line of alackmore &veoue to the South
line of Libo*y Avenue, known and designated as unit
5, Project No. 104-24000-151, a 6-inch hot-mix asphaltic
concrete pavement on a ao' roadway.
6, pusvosz sTxscr: From the North line of Libbey Avenue to the South line
of ouuumau avenue, known and designated as Unit 6,
Project mu. 104-2*000-151, a 6-inch hot-mix asphaltic
concrete pavement on a zo` roadway.
7. paevOar STREET: From the North line of Goodman Avenue to the South line
of Kilpatrick Avenue, known and designated as Unit 7,
Project 0v. 104-24000-151, " 6-inch xnL-mix asphaltic
concrete pavement on a 30' roadway.
S. Pusvonz szussr, From the North line of Kilpatrick Avenue to the South
line of Bnunell Avenue, known and designated as unit
8, Project No. 104-24000-151, a 6-inch hot-mix asphaltic
concrete pavement on a oO' roadway.
0. 8mwoEnT AVENUE: From the East line of merrick Street to the �Ieat line
of Neville street, known and designated as Unit 9,
Project 0^. 104-24000-151, v 6-inch mot-mix asphaltic |
cvu^rotc n"vexwut on v 36' roadway
10. usnvzs STREET. From the North line of B000ell Avenue to the South line
of Fletcher Avenue, knm,n and designated as Unit lo,
Project No. 104-24000-151, v 0-ioou hot-miz asphaltic
concrete pavement on a 30' roadway.
11. HE,,',VIE STREET: From the North line of Lovell Avenue to the South
line of Locke Avenue, known and designated as
Unit ll, Project No. 104-24000-151, a 6-inch hot-
mix asphaltic concrete pavement on a 301 roadway.
12. HERVIE STI-'H: From the North line of Locke Avenue to the South
line of Service Road East-hest Freeway, known
an,-! designated as Unit 12, Project No. 104-24000-151,
a 6-inch hot-mix asphaltic concrete pavement on a
30' roadway.
13. NEVILLE SUREET: From the North line of Collinwood Avenue to 125'
North of Byers Avenue, k=,in and designated as
Unit 13, Project No. 104-24000-I51, a 6-inch hot-
mix asphaltic concrete pavement on a 301 roadway.
14. BIME AVENUE: From the East line of Hulen Street to the ',Jest line
of s d,'_,stern Avenue, known and designated as Unit 14,
Project No. 104-24000-151, a 6-inch hot-mix
asphaltic concrete pavement on a 301 roadi,,iay.
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. :rt
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 _day of---.-
19 _, 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 }rearing 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 the made and levied as herein ordered:
NOW THEREFORE!
1.3E 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 or or not, lre and the same are hereby, overruled.
11.
The Cite Council, frorn 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 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
hetween 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 ease the abutting property assessed is
specially benefited in enhanced value to the said propet'N, 5y 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 Cite heretofore had with reference to said improvements, and is in all respects valid and regular.
111.
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 owner be correctlY named 1ierein 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 (6�> ) 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 City 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 arid materialman's contract
upon forms supplied by the City granting a mechanic's lien upon and conveving the said abutting property in
trust to secure the payment h,v said owner or owners according to the terms thereof of the sums assessed against
such property.
'1`I.
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 he 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.
The total amount toIs s,od aa,f,ain!d thc re ,paocttee.. par .+I.a (!If awlauttirig ti rop¢arty, ktnd the owners thereof, is
in accordance with the proceeding's .,f the ("it" rk"iaaiit'g to T,,,dcl imparo erxronUs and assessments thereof, and is
less than the proportion of the^ Trost ,aflor ,,,,d nn permit terra urn, v bee Lavv irk f'(Jn'r'ka) the City.
"VIM
Although the id'orementioned ch an-4es� lmvw , Fwf m lf,.eei, Ye;v, el, aenaB r„ee�>secl in the respective amounts
hereinabove stated, the City Cot�ancrl doe her("hv ros rvo unr:o the ri7ht to reduce the aforementioned
assessments by allowint; credits to eer fain property r ty° o n,r,,, w here de aemcri sippropriate, Notwithstanding the City
Council has herein reserved the right to isz, ue , r°'(HPs, i o- ih°all not ire f veld e ri ko issue credits, and will not do so,
if same would result in any equity and/or unjust rli�e�r iiikrrtation.
The principal amount of each of thrt ,. ,r.eY .r� .,@ .�rri roar certiftc,ates ta,r be issued the City of Fort Worth,
Texas,as hereinafter,lar.ovided,shall l-,e, ft d<arMr„ dc,l,PFUIIir;,!d hv do(k €beef, from the amount of any assessment
hereinabove levied such amount or AMOLMt!s, if a,riy,, AS rr ILv ➢wwN IfLer liar a le,wed by the City Council as a credit
against the respective assessments.
f:.a
For the purpose of er srGrrn ring, tJlw, rr2 e i sal,.•atai��� ; •week vw<➢ t-,;zOnsL the r c*.-,peectiN e t,;;kr`rc @r, of rebutting prop-
erty and the owners thereof, °a,nd they Iiiml ,Md LW T,� of p<<,ympW., wid to aid iar the enfovicernent and collection
thereof, assignable certificates in III(' lag irrcijp+d ,artuwua,i, rof U+r i ea9per tie o less, the ,,nnount of any re-
spective credit allowed thereon, slur,pl b hs 21 o 4_iY� of p ov 'bVorih, TL vu;, upon completion and accept-
ance by the City of the impr�rn l°nwnts in i=,,wl unit (If'iwj)r�ov nwm i,t os the in :.uch unit is completed and
accepted, which certificates Shdl Ire, ;rw^r rtta aP 1,,”; the nr,€r,n in the r,oiw oft 1 he City and attested by the City
Secretary, with the corpor tt,i tiwal of Llke City, �rrrirr°,.,�.t, the r er�rr, rImd r-hall l,w�pn,N�Ible to the; City of Fort Worth,
or its ,.Lssigns, and shall da*cLue ihc� wos (l i inir tori w of lr r,��rrie=ert, r ai e of inte rust, and the date of
the completion and acc(,I)taam �,f 016, ,rinILLng upon .,ur h p, operttr for which the certificate is
issued, and shall contain the n,tww i}P Hw k,,i i.ra. <,r ,.�w,nr, 11,; (l,F,cril)G,n of tiro p�vopl rty by lot and block
number, or front fnei therew:l, or •u"IL ytI � 1p ,r w,, rr,aey sari, r,°,i-,c identif,w, time, same; and if the said
property° shall be o°w iwd by an a stz+,t�, t hc,ri tl ,� V rs,w ,u •,u ov,nvd he aJficiLIit n nd no error or
mistake in de.saaribing arny (A' ,Ra tai,�d ,r: ilk nr ur, c ol` tiw r;hall irkvnl d ah or in anywise impair
such certificate;, to the as seastticnf,; levied.
The certificates ,bath per ,,Idl, 6f .ma no! Ih(a paid promptly upon maturity, then
they shtafi be co levtlK6)I•, mail, a^°arss,r�;�'>'� 0 I'm nev` fo,s ;1 0 ,o,f;. oi Mille,.,Lion, it kncucrQd, and shall provide
substantially f,h,at Ow urnmints ovi ,,,m od P h ,chv i dl e i,yid to ll e and Co lf,*ctov of Taa.xes of the
Cite of f^"ort yy'ort.h. V c.yas, ca ho.•,half i. •kkrr l i u r�,r=Iprf ���r^�r;'n�, kOtI,II .Ik,i1f Ito vvidQnr o of such payment on any
demand ;`or then :aanke^, wid iho 'ti, vssor rkii .i (`r!i,^(1nr u1 "1°a� d1 yr:I', .ho Taunt, I�o raaeivod try him forth-
with wit.li they f_'itr P'vv�cFmr�er� to l.ke, ] v�pa� .mO t'd II, iumu ii .aali,,�„ time]„ akrtcf "'ho ti ea.rry payment shall be
made in the City the �.z,eas:or and 4 rile,Oo o0 Two �kr,, n �Iw 4i ,e r r,lu�ot,<, shoes, ,ipon pie.,entation to him of
the certificate by the holder¢ t l(n (� .,Jd lira! r."JA I h 1VMO01 if w:h e, ��,i1rt�����ate he assigned then the holder
thereof shrill be eMt led to rOcpiv'o p;,eers 1111 4`11- `b ol"I 01" age f,ry w pzti fi upon ll,e� presentation to hind of
such certiticate� so VridoirrSed ;Tke'i rr,,rlitire'O,I i,rk,V ii,?r 'lid I—III, wit krO I'dlt imil lw 9h: 'Yio;.s rrer's Warrant foi-
1 rna,king suck payw' keiit Slvli lm, ,, k� ,I t ,,. "1iei,r�,�•i ,:,1, f, < iys4a��c6 1nr f,he� fI<IYo�i�er 1" >tacli certificate in
writing and by �sLHTtOdvi' doh>a�c,f` I,el,, n �fl I. iu,, ;):d, + ,.,t rUod iYkto cost itrke@ � 11 uos°Ls of collection
and reitsona}.ale nttoiaely"s £c^v s. if r ).. 1� f`ial&.
Said certificates shall No-the^r i,�rifv 011,.kiss i,alh <ul tlI, p, o,,e,eI.hlIg:; v,ith reference to making the
impro%ements havei ro,[Oa l ly Iutd ire , v,'tl, Me e Lw,,, „n,d t tnt ,dl l,� is gtu.,Jtes° to the fixing of the
assess,men t lien ag.iim;t than i rniw'k t, d .,c I,ih,d n sr wh I oq inf 0" ,,,U, I IWI wr�nauE ii 0610 v o.?'"the owners thereof
have been perfornvyi, acid �,cick vveital, -11x01 [„ pWirii, ie� '1a d,,n,,, Id ik tl,ea niavovr, :,� ited in such certificates,
and no further proof tl ere td .mall ho 1 e=.pail d iki air M'l.
Said certiticratcs ma-ay 11,o v colclmik> ter, , liar+. I1 r act„ ii a iltr� . ,rrt°e an ti ut am I cif"the several installments
thereof, or may have couA jvij. it r,va it irf t 6" m Ij-•Inter Ir rot: 1 ,,a.irt, the In aiik certificate to serve for the
fifth installment,which coupe tt, M% I,,_ aIhh, tr, I w G f Voct V� li, or ,t:., se�.ar ic.r�K��; may be signed with the
facsimile signatures of the bl 1y m and 6'If v rI tal Y,
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.
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.
PASSED AND APPROVED thus _.. day of-
APPROVED AS TO FORM AND LEGALITY:
City Attorney
City of Fort Worth, Texas
Mayor and Council CommunicationA"
099AW
DATE REFERENCE Benefit Hearing - Assessment PAGE JtfO
L
NUMBER Paving in Arlington Heights Project I of —1
9/6/66 �G-988 =la ... ---
SUBJEM
On August 22, 1966, the City Council awarded the contract for Assessment
Paving of 14 Locations in the Arlington Heights Area, and set September 6,
1966 as the date for the Benefit Hearing (M&C C-777) .
The project includes the following units :
ROADWAY
UNTT STREET LIMITS WIDTH RIO.W.
I Curzon Avenue Lackland 'Road to Sappington Place 30 feet 50 feet
2 Ctirzon Avenue Sappington Place to Olive Place 30 feet 50 feet.
3 Bourine Street Libbey Avenue to Goodman Avenue 30 feet 60 feet
4 Prevost Street Humbert Avenue to Black re Avenue 30 feet 60 feet
5 Prevost Street Blackniore Avenue to Libbey Avenue 30 feet 60 feet
6 Prevost Street Libbey Avenue to Goodman Avenue 30 feet 60 feet
7 Prevost Street Goodman Ave. to Kilpatrick Avenue 30 feet 60 feet
8 Prevost Street Kilpatrick Ave. to Bonnell Avenue 30 feet 60 feet
9 Humbert Avenue Merrick Street to Neville Street 36 feet 80 feet,
10 Hervie Street &)nnell Avenue to Fletcher Avenue 30 feet 60 feet
11 1fervie Street Lovell Avenue to Id:)cke Avenue 30 feet 60 feet
12 Hervie Street Locke Avenue to Service 'Road East- 30 feet 60 feet
West Freeway
13 Neville Street Collin wood to 125 feet north of 30 feet 60 feet
Byers Avenue
14 Bryce Avemie Rulen Street to Western Street 30 feet 80 feet
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 recotamended
for assessment.
Recommendation
It is recommended that an ordinance be adopted closing the hearing and levying
the assessments as proposed.
JLB:lp
Attached are tlie following suaunaries :
"A" Resume of the Project
'W' Distribution of cost and, assessments and res u rvey
"C" Assessment Rolls in alphabetical order A
.................
SUBMITTED BY- DISPOSITI BY
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