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HomeMy WebLinkAboutOrdinance 6434 ORDINANCE N0. 6434 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__ BURTON HILL ROAD _ _ 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 'WHEREOF: 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 places in the City of Fort Worth, Texas, be improved by raising, grading, or filling same and by constructing thereon to-wit: BURTON HILL ROAD From Santa Clara Drive to City Limit, (Reconstruction) known and designated as Project No. 104-27000-160, Unit 2, to be improved with two-inch thick hot-mix asphaltic concrete pavement on a five-inch thick cement stabilized gravel base on a six- inch thick lime stabilized subgrade, with seven-inch high concrete curb and two-foot wide concrete gutter, so that the finished roadway will be thirty-six feet wide. The above, together with combined concrete curbs and gutter on proper grade and line where same are not already improve- ments -'- to be -- constructed ~. and ^^^~.. .....~ .. the plans and in ~...`. ~^....~..^ with the Plans. and Specifications therefor: and contract has been made and entered into with ` for the making and construction of such improvements oo the above said portion of streets, avenues and public p]uoeG WHEREAS estimates of the cost of the improvements of each such portion of streets, places were prepa�ed 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 [bereYnr, to-wit' on the-Z40--day 1 in the Council Chamber in the City Hall in the City of Fort Worth, Texan, and at such hearing the following protests and objections were made, to-wit: ' that protested` that ' ..-protested that protested that -------' protested that protested that -protested that _proteotodtbut -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 v 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 rIlEREFORE: 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 or or not, be and the sarne are hereby, overruled. nie 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 w-oportion 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 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 v 1),v means of the said improvernents in the unit upon which the particular property y abUtS, and 1`01- 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 inipi-ovements, and is in all respects valid and regular. Ill. There shall be, and is hereby, levied and assessed against the parcels of property herein below mentioned, and against, the read and true owners Ll :s thereof (whether such owners he correctly v named herein or not) the sums of money itemized below opposite the description of the respective parcels of property v and the several amounts assessed against the same, and the owners thereof, as far <IS 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 v 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 Cite y 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 extrerne 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 palyment 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 �issesirment, collection thereof shall be enforced either by the sale of the property by v the Assessori and Collector of Taxes of said City as near as possible in the same man- ner provided for the sale of property v for the non-pa.ym(�tit 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 v 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. V11. The total amount assessed against the respective parueh; of n0utting, [nwperty, and the owners thereof, is in accordance with the proceedings; of the City relating to sAd !nqwmTnwnts mod amessments thereof, and is less than the proportion of the cost allowed and permitti,,,(l by the h,,jw, in forc(�� wn the (;Tty. 1711L Although the aforementioned charges have been fixed, levied, .ind, ,t sew;sed in the respective amounts heremabove stated, the City Council does hereby re servc t,nito itsdf the Qht to reduce the aforementioned assessments by allowing credits to certain property owners Awnwd apWapriaty T?AwhhsWndkg the City Council has herein reserved the right to issue ci-edits, it sh& not he ivquhvd to issue credits, and will not do so, if same would result in any equity and/or unjust The principal amount of each of the meveiml assessment Pertl6cates Lo be issued the City of Fort Worth, Texas, as hereinafter provided, shall be WK and cldennhed by toducting rivni Lhe amount of any assessment hereinabove levied such amount or amounts, if an, as Yn,y heivaRow Im allowed by the City Council as a credit against the respective assessments. For the purpose of evidencing the several.sums acs,e,,-,ed ap,-ainst the iYalw0ve pamels of abutting prop- erty and the owners thereof, and the tine and teims ;J 1myntenh end to aW in the enfol,cernent and collection thereof, assignable certificates in the principal anvmnt of die respwive asst%smentx less We aniount of any re- spective credit allowed thereon shall be issued by the My id to Worth, Tcx°is, ulmn compWUon and aempt- ance by the City of the improvements in ench unit of imlmvvenwia as the work in suB unit is completed and accepted, which certificates shall be executod by the mayor in thv nanw of the City and attested by the City Secretary, with the corporate seal of the City impresmed thonan, ai& Aud! he piynble to the City of Fort Worth, or its assigns, and shall declare the saki amounts, time and fc,rrns of rz�aLe of intorest, and the date of the completion and acceptance of the impnnvmem ahutUng Mwn ,,,uch property for which the certificate is issued, and shall contain the name of the owner m- =wrm if kn(m in ;%vrQAK;n of the property by lot and block number, or front feet thereon, or suc10 other W4uQ0N;n as "my otlwr"Ise identify Hie sarne; and H the said property shall be owned by an estate, Own the demTWtion 4 synw as 6o owned v;holl Ire sufflcit,,,ant and no error or mistake in describing any property, or in giving—Ahe nonno 11 thU 0WMN4 shW1 inmWe or in anywise impair such certificate, to the assessments levied. The certificates shall provide sub,:;tantially that if ywnw QW1 in Q judd pn)mlAly upon maturity, then they shall be collectable, with reasonaWe atWrmy's Ws W (oil; of roW I hm. if incutivd, and shall provide substantially that the amounts evidenced Lhomby shAl 1w Imil Lo W Axse,, sor and CoNector of Taxes of the (sty of Fort Worth, Texas, who ,,,hall isr•up Ids iyudpt t WnYm% "hhdi WH lw vvidonci,,, of �aich payment on any demand for the same, and the Asmasor and (A)Hector W Uxps shaH dqmwif ,;ums so roceived by him forth- with with the City '1)-easurer to be kept anti hold 10- 1% in at sep,,;r e hmd, and v,,heri any payment shall be made in the City the Assessor find Q%Lor of Qxvs iqkm ym& =1 WAte slatH, upon ln°esentation to him of Me cobhuae by I be holder thereof entOnse said 1myn"m theNN, If Audi cvilincate fw as�,,-,ignud then the holder thereof shall be entitled to receive from the City TrNnumr the • nryint lwhi upon tic presentation to him of such certificate so endorsed and credited „ and owh W mlf'l j omit d"[aH I)e tha, Tre,asurer's Warrant for making such payment. Such payments 1W We TunnumF shAl ho m"QW! Nr I& hoMor of such certificate in writing and by SLU'render thereof when the prinvAmn I op!ha- wK at crow! it prest and all costs of collection and reasonable attorney's fees, if incurrvd, rinve ho-~ q, lyn in run Said certificates shall further recite subsnantinD%, Qat I ho iurpn�aArith r°errce to making the improvements have been regularly had in coniVimun, "T h I W Inv, NiN Wir aH ;qNvWdMLm to the Axing of the assessment Hen against the property descrP)ed in such ''or,k ob,, "ind [he Jwrsw ud Ii ihihty of the owners thereof have been performed, and such recitals shaH he prima Q fe vwWwc of Al ,W, nintl vr .,cifed in such certificates, and no further proof thereof Ala-dl he requhid in any Pwin. Said certificates may have coupon.; attached MOM in oThWmv or omt iw nny �f I ho several installments thereof, or may have coupons for each of the hint roar KAWKYAQ, 0% fig: the nwin "Wfluwte to serve for the fifth installment, which coupons may he payal& to the (Ity A W1 Wtwdn (w X insyn;i mny be signed with the facsimile signatures of the Major and City WmUay, 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. 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. X11. 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. X111. 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 PROJECT NO. 104-27000-160, UNIT 2: RECONSTRUCTION OF BURTON HILL ROAD FROM SANTA CLARA DRIVE TO CITY LIMIT, to be improved with two-inch thick hot-mix asphaltic concrete pavement on a five-inch thick cement stabilized gravel base on a six-inch thick lime stabilized subgrade, with seven-inch high concrete curb and two-foot wide concrete gutter, so that the finished roadway will be thirty-six feet wide. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT BEGINNING AT INTERSECTION OF SANTA CLARA DRIVE AND BURTON HILL ROAD SOUTH SIDE OF STREET R. BISSET SURVEY Tarrant County Water Tract 3-C 650' Frontage Control & Improvement Apt. No Assessment District #1 P.O. Box 4508 76106 WEST SIDE OF STREET WESTOVER-BECK ADDITION Frank Hutchison A 548.6' Frontage 4255 Cochran Chapel Road Apt. No Assessment Dallas, Texas 75209 R. BISSET SURVEY Jack E. Volder Tract 1 50' Frontage 11622 Pincain Way Unzoned-Comm. 50' Curb & Gutter $2.76 $138.00 Santa Anna, Calif. $138.00 92705 LeRoy Wm. Eddy et ux Tract I-D 118.75' Frontage $ Gertrude Unzoned-Comm. 118.75' Curb & Gutter $2.76 $327.75 5700 Volder Drive $327.75 76114 WESTOVER ACRES ADDITION Carl H. & Celia Wilks 15 6 115' Footage 5701 Fursman Avenue Res. No Assessment 76114 1 ..........—1-..................... ....... ............. PROJECT NO, 104-27000-160, UNIT 2: RECONSTRUCTION OF BURTON HILL ROAD FROM SANTA CLARA DRIVE TO CITY LIMIT - CONTINUED BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT WEST SIDE OF STREET FURSMAN AVENUE INTERSECTS Ray T. Norman 30 5 117.5' Footage 3616 Kimberly Lane Res. No Assessment 76133 L. G. O'Brien 15 5 117.5' Footage 8520 La Jolla Court Res. No Assessment 76116 DENNIS AVENUE INTERSECTS Lawrence G. O'Brien 15 4 130' Footage 8520 La Jolla Court Res. No Assessment 76116 FORT WORTH CITY LIMITS INTERSECTS EAST SIDE OF STREET SUNSET ACRES ADDITION Edmund M. Bulger 1 A 145' Side Lot Cr. 5640 Dennis Avenue Res. 20' Curb & Gutter $2.76 $55.20 76114 $55.20 DENNIS AVENUE INTERSECTS H. W. Haynie 1 B 125' Footage 5641 Dennis Avenue Res. No Assessment 76114 R. E. Schwartz 22 B 125' Footage 5640 Fursman Avenue Res. No Assessment 76114 2 ........... PROJECT NO. 104-27000-160, UNIT 2: RECONSTRUCTION OF BURTON HILL ROAD FROM SANTA CLARA DRIVE TO CITY LIMIT - CONTINUED BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT FURSMAN AVENUE INTERSECTS EAST SIDE OF THE STREET SUNSET ACRES ADDITION Marvin C. Brynterson 1 C 125' Footage 5508 Odom Avenue Res. No Assessment 76114 J. D. Stinebaugh 22 C 125' Footage 5640 Volder Drive Res. No Assessment 76114 VOIDER DRIVE INTERSECTS Charles Volder I D 125' Footage Rt. 1, Box 35-A Res. No Assessment Saginaw, Texas Jimmie O'Neal Moudy 22 D 125' Footage 5640 Durham Avenue Res. No Assessment 76114 DURHAM AVENUE INTERSECTS Ernest A. Tourigny 1 E 125' Footage 5641 Durham Avenue Res No Assessment 76114 L. J. Halpenny 21 less E 114.5' Footage 5636 Odom Avenue E. 20' Res. No Assessment 76114 ODOM AVENUE INTERSECTS NORTH SIDE OF THE STREET SUNSET ACRES ADDITION James Edward Fish 1 F 133.3' Footage 5629 Odom Avenue Res. No Assessment 76114 3 .................-............ PROJECT NO. 104-27000-160, UNIT 2; RECONSTRUCTION OF BURTON HILL ROAD FROM SANTA CLARA DRIVE TO CITY LIMIT - CONTINUED BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT NORTH SIDE OF STREET SUNSET ACRES ADDITION William L. King 9 F 515' Frontage 1133 Burton Hill Road Comm. No Assessment 76114 COST TO PROPERTY OWNERS - ASSESSMENT . . . . . . . . . $ 520.95 COST TO THE CITY OF FORT WORTH . . . . . . . . . . . . 55,245.53 TOTAL ESTIMATED CONSTRUCTION COST, UNIT 2 . . . . . . $55,766.48 4 City of Fort Worth Texas UK Mayor and Council ,Cn , tio . k DATE REFERENCE SUBJECT.' Benefit Hearing — Assessment PAGE m� rfoeES Paving - Reconstruction of Burton Rill 2/8/71 1704 frog, Santa Clara Drive to_City Lim _ f l Road a On Januar 11 1971 a contract was the Reconstruction of Bur �' �� � ton Rill Road and February 8, 1971,_ was set as the date for the Benefit Hearing ( C C-1900) . Project Description Roadway Width Right--of-Way Street Limits Feet Feet Burton Hill. Road From Santa Clara Drive 36 60 to City Limit It is the opinion of the Public Works Department that each parcel of property is benefited in an amount equal to or in excess of the amount recommended for assessment. Sidewalk's Sidewalk's are included on Project No. 104-27000-160, Reconstruction of Burton Rill Road from Santa Clara Drive to City Limit for the following reasons: 1) Burton Bill Road leads to the Burton mill Elementary School. This project runs to within ninety (90) feet of the southwest corner of the campus. 2) The sidewalk will tie in with existing sidewalks in the project and the sidewalk which was constructed on Project No. 104-22000- 108, Burton gill Road from Santa Clara Drive south to Merrick Street, which was completed November 9, 1970 ( C FP-756) . 3) Burton Hill Road is a collector street from Byers Avenue to White Settlement Road generating 6000-9000 vehicles per day including local commercial delivery trucks. Reco endatiX It is recommended that an o rdinance be adopted closing the hearing and levy- ing the assessments as proposed. M: Attachments: *W' resume of Project, Results of Poll Card Survey Location Map, Engineers l Preliminary Assessment Rolls SUBMITTED DIOPOWT DN G DHCNIL, � PRC IE1D RT r -APPROVED V OTHER CDERCRBSE? TY ET AR^Y° Yat� F M� DATE CITY MANAGER w Md I.