HomeMy WebLinkAboutOrdinance 5936 )v t'J t t 4 11
ORDINANCE NO.-
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF-, 60U'Ei HILLS ATa�UE
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
("OLLECTION 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
MIN13TES 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 heretofo,w,,e ordered that each of the hereinafter described
pertion.s, of streets, avenues and public places in 0w CA
y of Fort, Woith, Texas, be in).proved by raising, grading,
or tiling sirne and by constructing thereon to-wit�
SOUTH HILLS AT.-14UE From the west line of Lot li, Block 3, I. H.
3urney r%ddition to Stadium Drive, a 7—inch
thick cement stabilized gravel base with a
2—inch thick Hot--�14ix 'Asphaltic Concrete Sur-
face 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 ...._.................
TEXAS CITULITHIC M,111Ai']Y
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 5th _day of..
19 68 9-30 A•1`j• , 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
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:
N0\V 'rilEREFOP,,E:
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 rind objections, whether herein enumerated or or not, he and the same are hereby, overruled.
The (",it,\' COL11161, 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 SUCII 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 nssessments 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)enehts received and burdens imposed, and further finds that in each case the abutting property assessed is
specially benefited in enhanced WdUe to the wild property by means of the said improvements in the unit upon
which the particular property abuts and for which assessment is le-vied and charge made, in a sum in excess of
the mid assessment and Charge made aoamst 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.
III.
There Am[[ 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:
.
DV.
'
Where than firm or corporation interest in 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
°s~^^^~^ such property in p^`p`^~~^^ as ^`~. his or her respective~ ^-`~'~~` ---'` - -- total- ownership- - - such
property, and its, his or respective interest in such property may be n4nuaed from the assessment lien u»ouyuy-
ment of such proportionate sum.
V.
The several sums above mentioned and assessed against the said of property, and the
thereof,- and interest_ _ thereon at -_ '-- of __ per cent (61�� ) 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 -,gainst 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 t-he 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 munoa so aoaeuood against the abutting property and the owners thereof shall be and become due and
payable as follows, to-wit: in 6 (5) equal installments, due respectively on or before thirty 30) d (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 (late of the completion and acceptance of such respective units, and
shall bear interest from said date at the rate of six per cent (6c(' ) 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 attorne.v'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 SLIMS assesed against abutting propert'v 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 �ecoNe due and payable not more than thirt,% (30) days after the completion and acceptance by
the City of the particular unit. PROVIDED FURTHER, that the Citv Attorney is hereby empowered to authorize
payments of said sums of lesser installments and/or ovei, a longer period of �ime in cases in which the Director
of Public Works has previously determined that an extreme financial hardshil) 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 Citv of Fort Worth a lawful, valid and binding note nnd mechanic's and materialman's contract
upon forms supplie� b'v the City granting a mechaniCs lien upon and convelying 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 uhuU he made in the payment of an! uxseasment, collection thereof uhuU he enforced either by
the sale of the Vrnpe t b the Assessor and Collector of Taxes of said CitY Lis near as possible in the uune man-
ner provided for the \ f property for the non-pa ymeot of ad `o)o/eo toues, or at the option of the City of
Fort Yorth, or its uauignu, payment of said munx ohxU
he enforced by suit in any court of competent juriadic-
tion. or as provide(] in any mechanic's or materiu|muu'm contract as uƒoreauid, and said City shall exercise all of
its lawful powers to aid in the enforcement and collection of said assessments.
"'I L
The total amount ameawd at,aina t the r espc^a°tke iiamos of d)utting, property, and the owners thereof, is
in accordance %ith the proeeedings of the City r•n.faatii g W saia;l inrprove^inwnts rand aasr,essrrients thereof, and is
Less than the pinportiorr of the roost allawei d and pertnitte d I)y the l a,�v 'hi fori°a, in the City.
V I I.I,
Although the afommentiaaned cliara°t„es hano Wn fixed, levied, and assessed in the respective amounts
hereinabove stated, the City Council does he^rAy reserwvo unto itself the right to reduce the aforementioned
assessments by allowing credits to co ntAn Imopimty owner ; isTere dc^nni d °.appropriate. Nlotwithstanding the City
Council has herein reserved the right Lo issue credits, U shall Trot be rarKluairvd to issue credits, and will trot do so,
H same would result in any equity, am�l liar° unjust discrimination
The principal amount of eaaeh of Me assivrbml a ssi.svema.a•r'i, cortif°ie flates to be issued the Oty of Fort Worth,
Texas, as hereinafter provrdwL shaali he fixed and deternaned by a&oluai ting From the amount of any assessment
hereinabove levied such amount or amwirit� if any, pus may hc^ivaafl°ter be Marflowed by the City Council as a credit
against the respective assessments.
For the purpose of evidencing the ;aava.«tw[ sum , 0;�3,^:4 -, a d ,against the a��s1mctive parreels of abutting prop-
erty and the owners thereof`, mind the Lain�ioer and �t�.erins ¢�P! paymeQ and to and iri the enforcement and collection
thereof, :assignable certificates in the pr•incipid un o urnt of the ve,TtIve aassessrnents less the amount of any re-
spective credit allowed thereoaa, shall be Nu,ed fry- the (Ty 14 Fart. Wimth, Texas, upon completion and accept-
ance by the City of the im1novarnwrot.nn, in . „ rh eunit naf° innpwovvmeiit as they work in such unit is completed and
accepted, which certificates .shall be Ira, the rwmy or 'iii the rnanw of [lie City and attested by the City
Secretary, with the corpona9e swA of We a'ity Qw"a°ed fP;n ray at aind Aaall he payable to the City of Fort Worth,
or its assigns, and shall dea°lmv IN waW ;uiaam!iuw, Ate a,.u"I ierno; of }a,ayriient, imty of interest, and the date of
the completion aml amvpI anew, A Ow hnprovaiwAs VAlspi g i ppm rs,mh property for which the certificate is
issued, and shod! contain the nnme ut tho r,Fs w o "wnmYjf kmrr"n da^ ur°iption of the property by lot and block
number, or front feet theiaaon, or snirali e. her dowe ipathin as rimy op.Nw nvi ses identrf'y° the saa'mef and if the said
property- shall be owned by an aa=eV,Oea, Men t ho nle,n rtp.hn or ,:~sa_iuw as so m,,ncd shn.H be sufficient and no error or
mistake in describing any prop,ronly, aai in giving, lisee naimp of No ownek Will in,,,alidate or in anywise impair
such certificate, to the asse ssreents Oa in !
The certificates shall prere is#e sAsLaWaHy Aut ii' somo, WH r.iiet lin,;b paid pronrptly upon maturity,, then
they shall be collectal le, with iva„nn,raaap " adlorainn feeA aaAd cn,, s of if incurred, and shall provide
subs'Ianriaalle d hod f li , anummis uka-i:lcm e n4 Wi e by .i &I sw p I,i l tai am(i colloc'tor° of maxes of the
City of Art Worth, "Texas, who . C df issue As i°n rarky None t°or, Woh w1mll Iw Pkidaunnre of Livh payment on any
demand for the same, and tY ,t.,.,n...-. w and i Wn=eior° no 'romps ANH ripa+:ash [Me :•sunui, so received by him forth-
with with the City `ireasiarer to !)e ke t ,aid ire, hire in ai. �,e,pnraak, fried, and evhen any payment shall be
made in the City the Assessor and t"sit6eka tarn ot` 'fat.xe �i raprw,u .=ucli certitccnk-, shall, upon presentation to him of
the certificate by the hold;T t.herN)f e^rokprr,°e sz6d th-A,i•imk if" mwh a,an.i tific°aaite be =41ned then the holder
thereof shall be entitled to reavi~v e fi'ngn e W t"O"t'. '"G I he aariiwm nt p id upon tlic pr ca sentation to him of
such certificate so eadorscd and crN tee; mui z°,Hch n^ al"i,vnivid and e inAl be thi,, treasurer's Warrantfor
making such paaymerut. Such p>aayniains iq the `l'`aianun r ;.lianll by niwAllLnad for thie holder of such certificate in
writing and by sumencler thnrreol aaiwn W, pAe `qrW, i ,2 fl c " ith do crtwd inlcr°e o and call costs of collection
and reasonable attorneys fees, if im ui°t e d, h ,,o Ian vri 1k, d in Al.
Said certificates shall tfuAltesr° n i% We;taWails Wia L the p7nvwvc1arqltii %vith reference to making the
improvements have been regula.urle Ad in cn,mQum aA w 5 h the l e.w, and that all )sr°Ncrrpui sites to the fixing of the
assessment lien against the perolwi ty- WnON rl in such cc titinnty aaml Ow m:=imPiml liabdity of the owners thereof
have been performed, and ,., w1i ra e,ita IA ,wINKI he Jolla NAP e rsaWWP <n9 &I ON rraxaWS mcited in such certificates,
and no further proud' thamrpi p AnN Iw mrgtiinY in a.iGij court.
Said certific:atem may have coiapieriiy aati,achol thearnqu in eTa Ah awP of caaa or any of the several installments
thereof, or may We caiiifw nx, fa", mwh ant' the tirM four iri.• i.aillme ns , li. aNatt thv main certifle°ate to serve for the
fifth installment, which cuupnrins n ay l,ea p ayidde to the (11) ur tMW t"i` wth, or its a., =ittiis unary be signed with the
facsimile signatures of the Nlynw and a ky &a a eataar=a-.
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 this day of -.1962,
APPROVED AS TO FORM AND LEGALITY:
City Attorney
FORT WORTH, TEXAS
MAR 4 1968 19
TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS.
Gentlemen:
In accordance with the proceedings of your Honorable Body, I have prepared
estimates of the cost of street improvements as shown below:
Estimates of the total cost of improvements on a portion of
SOUTH HILLS AV_,2iUE and portions of sundry other streets,
avenues and public places in the City of Fort Worth, Texas, and estimated amounts
per front foot to be assessed against abutting property and the owners thereof, on
each portion of street, avenue and public place are as follows, to-wit:
MNIT NO. 1: SOUTH HILLS AV-2JUE FROi�i THE '4_ T LINE, OF LOT 11, BLOCK 3, I. H. BUIU4EY
ADDITION TO STADIL1 DRIVE to be improved by removing the existing asphalt surface,
adding additional gravel to the base to provide a minirniuii thickness of 7 inches in
depth, stabilizing the gravel base with cement, placing a 2—inch Hot 1,i_x .asphaltic
Concrete Surface, removing and re—aligning concrete curbs and gutters where necessary,
constructing standard 7—inch high concrete curbs and 2—foot wide concrete gutters
where same do not presently exist, constructing 6—inch thick concrete driveways and
4—foot wide concrete sidewalks where specified, so that the finished street will
provide a 40—foot roadway section.
The following assessnent rates have been established:
Seven—inch curb and two—foot gutter...... .. . . . . . . . . . . . . . . . . . . . . . . . . .w2.50 per L.F.
Four—foot wide concrete sidewalk..... .. .... . . .o . .*# * * . . . . . . . 2.12 per L.F.
Six—inch thick driveways.. . . . . . .. . .**.** . . . . . . . .. . . . . . . . . . . . . . . . . . . o4= .64 per S.F.
The assessments result in the following division of costs:
Total property owners' cost for curb., gutter, sidewalk and driveways l'_�)' 4,225.82
TOTj,L PROPERTY 01MERS' COST o . . . . . . . . . . . . . . _ 4,225.82
Total City of Fort �iorth cost of curb, gutter, sidewalk and driveways,01,104.12
Total City of Fort ,_orth cost of improvements other than curb.,
gutter and driveways. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� 9,115.81
TOTAL CITY OF FORT WORTH COST.. . . .. .. . . . . . . . . _,;101219.93
TOTAL ESTDIZ`LTED CONSTRUCTION COST... . . ... . . . ...
JACK M. GRAHAM, P E,,
PUBLIC WORKS MRECTOR
' ^
UNIT NO. 1: SOUTH HILLS AVENUE FROM THE WEST LINE OF LOT l BLOCK 3
ADDITION TO STADIUM DRIVE to be improved by removing the existing asphalt surface,
adding additional gravel to the base to provide a minimum thickness of 7 inches in
depth, stabilizing the gravel base with cement, placing a 2-inch Hot Mix Asphaltic
Concrete Surface, removing and re-aligning concrete curbs and gutters where necessary,
constructing standard 7-inch high concrete curbs and 2-foot wide concrete gutters
where same do not presently exist, constructing 6-inch thick concrete driveways and
4-foot wide concrete sidewalks where specified, so that the finished street will
provide m 40-foot roadway section.
BLOCK
UW0EK LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
---- -- ---' ------ --- ---- ------
BEGINNING AT 130' WEST OF NORTHWEST CORNER OF KELL AVENUE AND SOUTH HILLS AVENM
00DTB SIDE OF STREET I. H. BURNEY ADDITION
Grace Kell Jung ll 3 125. 5` Adjusted to
3624 Kell Avenue ----' 110.5 L.F. Walk $2. 12 $234.26
$2]4 . 26
KDLL AVENUE INTERSECTS
Margaret Finn ll 2 l32.� L.F. ��l� �2, l2 �280. 90
4820 Staples ---- $280,90
James S. LaDue 13 2 132. 5/ Adjusted to
3624 Winston ---- 114, 5 L.F. Walk $2. 12 $242. 74
157 .5 S.F. Drive .64 100.80
$343. 54
WI0ST0N AVENUE Z0IEBS8CIS
Granville S. Tunotill l 132' 5' Adjusted to
3623 Winston ll Des. 117.5 L.F. Walk $2.12 $249.10
$2&q.lO
Mrs. Lewis Winter l% I 132.5 L.F. Walk $3. 12 $288. 90
620 Westwood ---�
Rem, $280.90
STADIUM DRIVE INTERSECTS
SOUTH SIDE OF STREET ST AUGUSTINE ADDITION
Joy F. Stacy l I 132. 5' Side Lot
3700 Stadium Drive ---- Adjusted to
100' Curb & Gutter $2. 50 $250.00
114. 5 L.F. Walk 2, 12 242.74
$492.74
I B TAYLOR SURVEY
I. R. Burney, Estate Pt . of 474.8/ Adjusted to
City of Fort Worth, 'texas
MX"" Mayor and Council Communication
DATE REFERENCE SUBJECT: Benef it Hearing ° Reconstruction PAGE
NUMBER �,_ '
of South Hills Avenue from �., �� I
4/15/68 G-1217 West of Kell r . to Stadium, ']give I of
On March 4, 1968,. the contract was awarded for Reconstruction, of South sills
Avenue from 130' Viest of Kell Street to Stadium Drive, authorizing the Public
Works Department to issue the work order immediately, and April 15, 1968 was
set as the date for the Benefit Hearing C C-117.5) .
Unit Street Limits Width R. 0. W.
1 South Hills Avenue West line of ':tot 11, 40 f'ee't 60 - 80 feet
Block 3, 1. R. Burney
Addition to Stadium
Drive,
It is the opinion of the Public Works 'Department that each parcel of property
is benefitted in an amount equal to or in excess of the amount recommended for
assessment.
Recommendation
It is recommended that an ordinance be adopted closing the hearing and levying
the assessment as proposed.
Attachments:
"'A"' - Resume of Project
"'B" _ Location a and Result o; P Card Survey, Engineers'
s f Poll a sand
p
Preliminary Assessment Rolls.
H :.f
Attach.
.. .. ...__ .. ............M.... __. .... � ....�
SUBMITTED B`/: DISPIwISITIIN CDUNCI(, PRCICES ED BY
APPROVED C1,1 OTHER (DESCRIBE)
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d �
4�&
r CI SECRETARY
ta DATE
w,
CITY MANAGER ��yk�