HomeMy WebLinkAboutOrdinance 6833ORDINANCE NO. &JJ--3
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF__ VAN 1'0tTY'1, lAl"IE
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC HICki 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 places in the City of Fort Worth, Texas, be improved by raising, grading,
or filling same and by constructing thereon to-wit:
VAN 1,DVITA UNIM "E'VC)TO, ','UtPS, `]LI-0(�t tc) 600' known and.
c: s i gna t er ojec . iwo. 10424000-234,
g J as Pi -, ' , t t4
a six-inch thicbc 1iotmi.c asphaltic concrete
;� ,')aveuAent on a six-irtch thick lime stabilized
sub,�,,.;rade wLth seven-inclh [dg�� concreto curb
and e ['.gh teen.- inch t,,iiale concretc� giatter an a
thirty foot rc)ach,;ay.
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 . ........
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
a
I I . ..
hearing was had and held at the time and place fixed therefor, to-wit, on the --Tth .,-.,.—day of. I Y . . ..... . . .
Y
19 , 9. 111 A .711111—, 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
ted 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:
NOW 'rHEREFORE:
BE IT (ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, 'THAT:
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.
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 lwoportion 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 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 improverents, and is in all respects valid and regular.
III.
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 sarne, and the owners thereof, as far as such owners are known, being as follows:
W.
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�r' ) 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 v 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 v authorized Director of Public Woi,ks 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 v 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 Ftlf'THER, 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 Conti-act
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.
N, 1.
If default shall be made in the payment of any asses,-�.nient, collection thereof shall be enforced either by
the sale of the property v 1)y y the Assessor� and Collector of Taxos of said City as near as possible in the same man-
ner provided for the sale of property v for the non - payment of iid valorem saxes, or at the option of the City of
Fort Worth, or its assigns, payment of said Sums shall be enforced b ' y 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.
V11.
The total amount a mw i*Rd aag&mt the re spm t.aae p amOs rwi` ,;al_luttIg property, and the owners thereof, is
in accordance with the proceedings of the 1ty reNticwta; to said impa°e'aw°a,t nennts anxi assessments thereof, and is
less than the proportion of the emo allow Ni and pcaa°wwant p a *n,l t,t, the Ow in fonve in ne 01,
Although the aforementioned clwnarges brave been fixed, levied, and, aa.sused in the respective amounts
hereinabove stated, the City CouncH does 11anvhy aew•waaa°ve unLO itself the right to reduce the aforementioned
assessments by allowing credits to certain pnanpm:ety uwwnaonns where deerried appropriate, Notwithstanding the City
Council has herein reserved the rjht to issue cr°edits, it Kdl not he lohyidwed to issue credits, and will not do so,
if same would result in any equity and /aka uMJUS'l: nti.,cnin�inlaattw:nn�a.
The principal amount of each of the sewerul as..es.°inennt, cert.iH uata"S to be issued the City of Fort Worth,
Texas, as hereinafter provided, shall kaw, nxed wul day en Ied iW wln'xwluNng fuwwan the amount of any assessment
hereinabove levied such amount or arnnansma ts, if any„ as may Vwer•caRer be allowed by the City Council as a credit
against the respective asse,,,srnents,
For the purpose of evidencing the aseswia r,,ai.suart.n against the respective paareels of abutting prop-
erty and the owners thereof, and die tine and to nnis of paaw°ma iU, smd to alai in the enforcement and collection
thereof, assignable certificates hi We p Knww°Qp,al aawwaw�mnat of the rust a°l.iw e ,asQ esa,mentas less the amount of any re-
spective credit allowed thereon, shall 1wa_ issuNl by the t 10 of f°`a,n•t 'Worth, i.aaaw. upon completion and accept -
ance by the City of the imlwwovern wnat „s in vaauh mot of inalnsvenwerrnt as the iwrk in such unit is completed and
accepted, which certificates shall he vxwssto! by the nrlanw'or in the lmine of the (10, arid attested by the City
Secretary, with the corpe;wnatcw seat of the City irngna°cxsw.ol 16wokn°aww:rnw, ;arul ;whall he payable to the City of Fort Worth,
or its assigns, and shall declare the sah! awnnwm as s, tswr e nn d taua°iA of pm;t'rVtt;rn`rt, rate of interest, and the date of
the completion and acceptance of uQ iswnp°w.°as.wqvaownts aap"06rig i"mn suds hrn.iwpwl ty for w„w1ach the certificate is
issued, and shall contain, than n,aan w «,f: 'l he o,s.w, aw, r apw o v, n¢= tr, ;, wf lotr,wm, it, of the property by lot and block
number, or front feet thereon. or sw 11 uthvv ,pn�mdpof.;^m n . may w01” n nw w:,;aw identify the :same; and if the said
property shall be owneA.l by an ,wstam k'Iso On the Pv w oti n ,a ;awr¢v as m, owenod sahalll be sufficient and no error or
mistake in descritring navy pwn°a'pwtq in in t6aing Hw ruune or the wwwtwr, .•,,hNU Vi aalkiaate or in zanywwise impair
such certificate, to the assessments lPa°rcrd.
The certificates shall pl',.avidv wAst.aznd add 1C,4;P:. if munp ON! rnwsi Y lraaid protnpdy upon maturity, then
they shall I>e ctillept,alde, "Rh raar.ww,uaaalK aat:forsra00 I°n'wrA Wiwi ,.�Qw•sC.S of ro,%tit= if incunN, nnnd shall provide
substantially that thu amounts o w lw?fil iq! rllQ tO Wll law Imid lo th f,,st,SS(,Q' x111(1 (:ollec'tol of 'faxes of the
City of Fort Worth, Texas, Ivi�at AS i:w``aa4" hl° inn il,i WYr'awn ° whkh :•h nH 1www as rdw,alc°e of such payment on any
demand for the same, and the Asmysov and t Akwr ow Q i a v 4 sIsanll wdwrpaww,,,it tike ;;aanns so received by him forth-
with with the Cite- "1 vasurnar to 1W UP! am! IW l,l lq hi5m in aw on,zarnla= fund and w°w' ien any payment shall be
made in the City the Assessor and a `e,iaon�i.or of i`anXUA lwprnwas much cwa i4i ate shady„ upon presentation to him of
the certificate by the holder thereof ondorot said J,° , mena tho,n.n.r,fe It We ( f° hWante be assigned then the holder
thereof shall be entitled to rw.=a Ave Own I& CiLy `l r o ra�;°otl or° the, aar°N.aamint paid upon the presentation to him of
such certificate s o o n doaYasai and vw°o.^,iiAd: at ,socII w wawlOynoInI10 aaI"I r r e�,'p,it � [w�aIh h,w. the "1'rwwnrsurer "s Warrant for
making such pa.ylrteM. NO 1r pcw.y M"f en a° 1,v tl", t%w 6w er 4Il,dT hP m;,vipwtw d For the holder of such certificate In
writing and by ,,,urreladn6'r thwwleCot wall, ^ai !J", j Yrf, rya -f, twq,rM9lp'R° jw it.h aw w °r ww0d inht rost; and all costs of collection
and reasonable Worne,, "s tees, if irnnn r pd. 1,°tive pia n l ild in fu H,
Said certificates shall fw.ww•tOr• mwife sukommidV Osat the reference to making the
improvements have been r �mlai It had in a awwol iw°wnww v ww h h MY p`wawan� mi�.t p t ��n�a��wpp wlnnabal siten�s, to the fixing of the
assessment lien n %w�alnst the ogiq w 1 tw' ,to.°e� ] find Iu ,s;R �1 r w -K wYl� ntu ty of the owners thereof
have been performed, and such l,w, p rilw e k w o w^w, <wlonct €0 �dl thw., nrnaatw n� a°o�cited in such certificates,
and no further proof thereof ,..11NI Q ropirin:wf in Nny ww;om.
Said ceitititc;.ates nuy one o onaapmns wil aclaW &I o tiwd" in o:0Elen o or a iat h ,w <my a thw> several installments
thereof, or may lwaw;'4e c owmna•a n", wwawh if tY v On Nur° O.1suYdn rwt s, ho Qng the main[ ven tihonae to serve for the
fifth installment, which cosupnawns naw,nro h p oN awdalw w to 11i , Cif',' 0' t��wwa t tf "wwl U "r its assigns ,'.way be signed with the
facsimile signatures of the ail a)Tm, and t 1t w
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.
Kq
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.
M
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.
X11I.
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-7 -day of
APPROVED AS TO FORM AND LEGALITY:
City Attor y
PROJECT NO. 104-24000-234, VAN NATTOL 1AME-, FriON, TO 600" 1 ST, tc:p be, with
six-inch thick hot-;7nix asp Fa7Ttrc=)FtcreF.-, pav�mpnt on, si.x-:M77@F'ick I it�� e
sub-grade with seven-inch high concrete cxgrb and eigh..te nirnch vylde conctete gutt� r on,
a thirty foot roadway,
BLOCK
OWNER Wr ZONTN' FRONIA (.T,f" RA 'U,, ASSES5WNT
Beginning at the NW corner of Lot 20 Bloc 6 East kid Atlaxi
NORTH SIDE OF SlMET
Robert James Corp. 20
1308 Lake Street
76104
Robert James Corp. 21
1308 Lake Street
76104
EAST,' GRYENFllj. ADD
,6 65' Pavement
Te s 65' 0xib Ar, (10;ttet
6 65' 1 -vxient
Res. (150 0,irb N, Gutter
2 4 1,91. 10
5 422�50
$3.56 S231.40
2.94 131.1,0
"It 4.'2` . 5 0
Robert James Corp. 22 6 65' Pavenw-nt' <1,3.56 $231.40
1308 Lake Street Res. 65' Curb 2,94 191.10
76104 $ 422,50
Robert James Corp. 23 6 65' Pavenx,.,nt, 53.56 $231_40
1308 Lake Street S 65' Curb 6& 2 . 1�44 I 9",t .10
76104 $ 42L50
Robert James Corp. 24 6 65' Pavezwnt S3.156 S2,31.40
1308 Lake Street Res. 65' Curb 2.94 191.10
76104 $ 422.50
I
PROJECT NO. 104-24000-234, VAN NATTA LANE-1) FROM MM' TO Of,)O' WEST
_2 MU'll Rl
BLOCK
OWNER LOT ZONING FRONTAGE R,A,TP AHOLM ASSESSMERl"
_VR
:rH SIDE OF STREET EAST GREMMU ADD.
Robert James Corp. 25 6 659 Pavement $3.56 $231.40
1308 Lake Street Res, 651 Curb & Gutter 2.94 191-10
76104 $ 422.50
Robert James Corp, 26 6 651 Pavement $3.56 $231.40
1308 Lake Street Res. 659,Curb & Gutter 2.94 191A0
76104 $ 422.50
Robert James Corp. 27 6 651 Pavement $3.56 $231.40
1308 Lake Street 'Res. 651 Curb & Gutter 2,,94 191,110
76104 $ 422.50
Robert James Corp. 28 6 72,,91 Pavement $3,,56 $259.52
1308 Lake Street Res. 72.90 Curb & Gutter 2.94 214.33
76104 $ 473.85
SOME SIDE OF STREET
Robert James Corp. E
1308 Lake Street
76104
_BPAXY SHE.
1 75.11 Pave vwnt $3-56 $267.36
Res. 75,10 Curb & Gutter 2.94 220.79
Robert James Corp. D 1 66' Pavement $3.56 $234A6
1308 Lake Street Res, 660 Curb & Gutter 2.94 194.04
76104
�� 488.15
� 429.00
gLQ—Z.U" Nog_104-24000-2_34j. VAN ML'I- � NE, 11-s" .1 wEll 21 1
.j_jA � _M- LLSI Mil
Robert James Corp. B
'BLOCK,
66 6
Pavement $3.56
$234.96
OWNER UYT
2, ON "[M, i
VWYNTAGE RATE
AMOUNT
ASSESSMEIrr
SOUTH STDE OF STREET
-cl,s-LA —L& -H
429A0
Robert James Corp. C
1
661 Pavement $3.56
$23496
$234.96
1,308 Lake street
Res.
6V Cutb & Gti r 2.94
194 . 04
194-04
76104
$ 429.00
Robert James Corp. B
1
66 6
Pavement $3.56
$234.96
1308 lAke Street
RT�8�
660
Cij,rb 6, Gutter, 2.94
1, �)14 . 04
76104
429A0
Robert James Corp A
1
661
Pavemient $3,5,6
$234.96
1308 Lake Street
Ttes.
661
Curl) & Gutt:er L94,
194-04
76104
4129.00
W. R. Sexton 1 1 254.71 Pavmwent $3.56 $90673
6945 Beaty e s . 2Yi,71 Curb & r; x°.2.'94 748.82
76112 1,655.55
TUML C'OSI' IN) PROVER'rf rmwn * a o a a # # o a o * s5, T, o 55
VYDA, C06T 11,10 C117Y OF FOR"I" WOR'llic o o o o o o 0 558.95
TOTAL ESTIMA"l,"ED CO'fN,,.stic"I '
",TR I
, ('IN COS",)'. 5 14, 27 2 o 50
Va,n Natta Lane
Liniits
Mims Street to 600 Feet West
Roadway R. 0. W.
Width Feet Width Feet
30 50
This project will provide improved traffic facilitie for a new development.
IML,ctveme n t s
The improvements in this project were initiated in conjunction with Developer's
Ccnitract, No,, 7369 (H&C C-2433, dated Februar 2, 1973). . All the adjacen,t
property is owned by the developer with the exception of as single tract of
approximately 254.7 feet of frontage on t1ke dbove street, Which will be asse,sse
$1,655.55., Tlie owner has been informed of the project.
The street will be iuq?roved by construction of 6" thick hot-mix asphaltic
concrete pavement on a, 6" lime stabilized, subgrade with 7" high concrete
curb and 18" wide concrete gutter, Vie developer w.1.1.1 construct 6" thick
concrete driveways at such time as new dwellings are constructed.
Enhandement of AhRL�jLqkertX
It is the opinion, of the Public Wor'ks Departti°ient that eacl'i parcel of abutting
property is benefitted in an amount equal to or in excess of the amount
recommended for arse ssment, especially since a,ll property is zoned A-1 family
(Residential).
Recommendation
It is recommended that an ordinance be adopted closing ttie Benefit "Hearing
and levying the assessments as proposed.
ROM: MJ
Attachment
SUBMITTED OY:
r— If
OTY MANAGER
DISPOSITION BY COUNCIL E ED By
ECRETARY
nan.1