Loading...
HomeMy WebLinkAboutOrdinance 6834 ORDINANCE ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF A-FLI E °' SIRETE T 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: BRIDGE STREET Frw ou i Oakland ladand Ba"rr.aIev and to rweil r Boulevard, Braarwn and apr°rsJgrrate d, a-s Project parr. 1014-23000-131, ar seven-inch tl'iic r reinlor.ced coirur,.r to pavement orr as mr:p~x—inch p.p~'wick l°p_me stabilized subgr ,rdr with seven-inch high superimposed crrr ` te, cn ° r r3 �'y' widening the existin4,r street so ti"9.a t than °rp.1L isf,°used roadway will be forut -.3rrrrr feet wide. Six-inch tp:u.ick,, concrete a;'d,r rrera ays will, be constructed wpr.rar.e specified with necessary storm Grc.1n a p urn t rar a s a 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 and Engineeriiig, Inc. 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�711.....day of__,KaY , 19 73 , _ 9: A X._, 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 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 giver) 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: NO", ulEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. Said hearing be, and the saryie is hereby, closed and the said protest and objections, and any and all other protests and objections, whether- herein enumevated or or not, be and the same are hereby, overruled. The Cit'N, Council, from the evidence, finds that the assessments herein levied should be made arid 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 ai,e substantially in jwoj)ortion to the benefits to the respective parcels of property 1)'v 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 by means of the said improvements in the unit Upon which the particular pi-opeft'v abuts arid foi• which assessment is levied and charge made, in a sum in excess of the said assessment and charge made against the same 1)'v this ordinance, and further finds that the appoi•tion- nient 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. IIL There shall be, and is hei-eh'v, levied and assessed against the parcels of property herein below mentioned, and against the real and ti-tie owners thereof (whether such owners be correctly*v named herein or, not) the surns of money itemized below opposite the description of the respective parcels of property and the several amounts -i, - as such owners are known, being as follows: assessed against the same, and the owners thereof, as fai 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 awainst 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 prol)erty 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 (61e ) 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 pavable, and shall be collectable, together with reasonable attorney's 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 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 v (30) days s after the completion and acceptance by the City of the particular unit. PROVIDED FURTHER, that the City v Attornev is hereby empowered to authorize payments of said sums of lesser installments and/or over a lonlo-ei, 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 v 1)'v the Assessor and Collector of Taxes oC said City as near as possible in the same man- ner provided for the sale of property v 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 b'y suit in any court of competent jurisdic- tion, or as provided in any mechanic's or material man's contract as aforesaid, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. V f ll, The total amount a:amessed against the r esp;aevtive p am els of aabuttmn,g pnTerty„ and the owners thereof, is in accordance with the pmrarcart!uaap`. gs I the (Sty relating to said iimprroveunerdss and assessments thereof, and is less than the proportion of the emA 05=1 aml pe rdtte d lay the law in force in the City, ill. Although the azfoiementioned charges have been Hxerl, Wed, and assessed in the respective amounts hereinabove stated, the City Council d6:,eas hereby reserve uanLo itself" the right to reduce the aforementioned assessments by allowing credits to certain property owners as ier°e deemed appropriate. Notwithstanding the City Council has herein reserved the riRht to issue credits, it sW U not f e required to issue credits, and will not do so, H same would result in any equUy aand wir unpwL r`l'asrrI mdumUon. The principal amount of each of the i!sevciid assessment ent cei tikates to be issued the City of Fort Worth, Texas, as hereinafter provided,, shall be Axed and darti.nrrina..timl by alai wting from the amount of any assessment hereinabove levied such amount or a amoamuatm if arty, as rn°mo, herpafter° be allowed by the City Council as a credit against the respective asse.s,sments. lxw For the purlr"aowxe of evideiwing the aeamnal.stuilii Eu.iss,ea"wi syur nst the ivspect ive pra"mwacels, of abutting prop- erty and the owner's 'thereof, and the time and t'?'riM's of payment ent, awd to acid hi the enforcement and collection thereof, assignable certificates in the InAncipal amount of the :u.°em1 wwNive assessments less the a.nlount of any re- spective credit allowed thereon, hay iS.'Wed by the Ot.w t4 is°ort 'taaa"orth, 'lN% Upon completion and accept- ance by the City of the Wlwroveaomm ntsr in P aCh unit of inmpr ommmi-mt ws the woi'k in such unit is completed and accepted, which certificates .rliaa.11 he ca m.mimlof by the nmya. r in theta name of the City and attested by the City Secretary, with the vcnVorah, veld of than Oty iral missal thereon, and shall he playa ble to the City of Fort Worth, or its assigns, and shall dm1mv the .anh! s mausunlaa, Oimup W K°V"rr~~ id p:rgmw nient, rate of interest:, and the date of the completion and aacavr;tamrwe ial the imilprr'e)VaanWraatS <alei.uttiuip� amgeu�ri such property for which the certificate is issued, and Will contain the nn my (W the ownev m- e3"wer, if kno"n, dew,r°ptrs.m of the property by lot and block number, or front feet; theiTtm, or ,iuma.°l, eitha r (9cWWAm a i may W h m wi:ax identify the same; and if the said property shall be owned by an vsWtt then the ulannr•mprti.mi firt sa:r.nw as so owned s,,dn ll I)e sufficient and no error or mistake in descOWng any prupwin nr in giAng the nrone u,t" the ownrr, shall invalidate or in anywise impair such certificate, to the assessments KIM The cer Lificatf .s shall pNia idar subAtaantaally 1.h,at if ymimr sf Gadl not I>a,m Maid promptly upon maturity, then they shall be "040able,, w4h m,awaea°IQars o a mttor°aeq& Ra.s and cu Ms of ca»llei,tion, if incnn r°4m d„ and shall provide substantially that thr> ammount,s a.wa-iePa>wr,.d tPma4re y WH b e to t:ha Assessor and t:.oliector of Taxes of the City of Fort Worth, Texas, who shall is,sarp his rexndId l he e^%, as Ir&h Wdl. he evWence of such payment on any demand for the same, and the iho . wr and Collaya,or or 1"'wo"s' �11za19 deposit ;she sunis so received by him forth- with with the CiQ- l reaasu,urvr to be WO ,aml Uhl by Amin in ac fund, and when any payment shall be made in the City, the As m. ssor and d'iddawhw of R.aq ulmn •sudi certificate shall, upon presentation to him of the certificate by the holder ther,acrf abarndarr Te wail laa v rinrait tdroreap, di AS c_t fficaate he aa,Nfined then the holder~ thereof shall be entitk.,d to rt ceiv e Non the City 'lt r oa4 samr rr the .ass ourit paid upon the presentation to him of such certificate so ay.ncloi,,,e 1 and a rtiunhtaral P ;gym! such rxiAn.w,;eqrrkwt and d c m°6% Kha-all I.m the Tmamsrr ves Warrant for making such payment. Sno h payrawnts !I the )amassmmror WH Ir a aecellAc d for the holder of such certificate in writing and by surrender thorerof when than 11a n.^thvr "awith ,e.aTr"vd it h,,rest and ail costs of collection and reasonable aattorney"s hoes, if incurn d, h awi_a 1" n pn<aR in PH, Said certiheates Will fur°firer° mcite std)slakr aili th,ait tho Nvitfr a°e.ference to making the improvements Ua°e been i°aap idail,w [rau.cd in Wrnp hir.nco s,l ith the I= aiANI I loam >uH pm "nhites to the fixing of the assessment lien against the property t�W.:aT mfead in SUB Inwimunhe and [ho pear>ceri.a.d linhility of the owners thereof have been performed. and such re vitals itals: shaaH le, pr'invi fatales era A O A <dl Ow ca�rar'i�t.e s ., i nicJtr^d in such certificates, and no further proof' th(.,r of shall bo r'a°rptaii`a;^d in amy coml. Said certificatem may hn ve coiqmns aattaaNraw tWia im in aaa Qedmung or mass , air arty od' the several installments thereof, or may; have Nvulmns for as v h o f° the tirn ro ur sr CaHnP iits,. ka ae km the ri`bin cn tificee to serve for the fifth installment, which coupons nag la, paQit,a he to the site or Y'" ri Worth, or its aa.n,aplirs may be signed with the facsimile signatures of the Alaya r aar"i Cite a"e ivt..aau°y, ` ~ , Said certificates shall further recite that the City ofFort Worth, Texas shall exercise all ofits lawful when requested so to du, to aid in the enforcement and collection thereof, and may contain recitals sub- stantially in u000rduuoe with the above and other additional recitals pertinent or appropriate tberoof, and it abmJl not be necessary that the recitals be io the exact form above set forth, but the substance thereof obu1l be sufficient. The fact that such improvements may be omitted on any portion of any otsaid units adjacent toany proudo*s exempt fruru the lien of such assessments shall not in uuyvviae invalidate, affect or impair the lien of such waaeuazneota upon other premises. X. Full power tomake and levy reuoaeoaromuto and to correct mistakes, errors, iovuliditieo or irregularities, either in the asaoaaro*ota or in the certificates loouod in evidence thereof, is, in accordance with the law in force io this City, vested io the City. Xi. All umemoaroeotu levied are u personal liability and charge against tbmrouJuodtrueovvoeryoft6eprmroiaeo described, notwithstanding such owners may not be named, ormay ba incorrectly named. XXi. The maoemmrueots so levied are for the improvements in the particular unit upon p/binb the property described abuts, and the uaamoarneotm for the improvements in any unit are in nowise affected by the improve- ments or assessments iu any other unit, and in making umueeonuenta and in holding said hearing, the oznouoty assessed for improvements in any one unit have been in nowise connected with the improvements or the assess- ments therefor iu any other unit. XDDD. 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 7,exuo` known as Chapter 106 of the Acts of said Session and now abovvo as Article 1105bofVernon's Texas Civil Statutes, vvbiob Act has been adopted as an unomodrueut to and made part of the Charter of the City of Fort Worth, Texas. XDv. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption ofoucue in the Minute Book ofthe City Council of Fort Worth, Texas, and by filing the complete Ordinance in the appro- priate Ordinance Records of said City. XV. This ordinance obaU take effect and be in full force and effect from and after the date of its passage and itia000rdained. j PASSED AND APPROVED this ' day of__ __ _- APPROVED AS T0 FORM AND LEGALITY: City ttorney 2Z0QJ4E.CTN0.. 104-23000-131, BRIDGE STREET, UNIT. I: FROM OAKLAND BOULEVARD TO WEILER BOULEVARD, to be improved by widening existing street to forty-four feet and constructing thereon a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb. Six-inch thick concrete driveways will be constructed where specified along with necessary storm drain appurtenances, BLOCK OWNER LOT ZONING FRONTAGE RATE, AMOUNT ASSESSMENT BEGINNING A POINT 2131 EAST OF OAKLAND BOULEVARD ILORTH _SIDE J, BIACKWELL SURVEY Old Ocean Fuel Co. Tract 3 1904' No Assessment (TESCO) Comm. Due to depth P.O. Box 970 factor J. W, HAYNES SURVEY Old Ocean Fuel Co. Tract 2 10801 No Assessment (TESCO) C. F. Due to depth P.O. Box 970 factor Fort Worth Water Dept. 3531 No Assessment Contains City Water Storage Tanks W. L. TANDY SURVEY Old Ocean Fuel Co. Tract 5 16641 No Assessment (TESCO) Apt. Due to depth P.O. Box 970 factor E. JONES SURVEY Tommy Moore Tower Co. Tract 1F 6601 Pavement 5201 Bridge Street Comm. widening $10.31 $6,804.60 6601 Curb .83 547.80 310 Sq. Ft. Drive .88 272.80 $7,625.20 PROJECT NO, 104-23000-131, BRIDGE STREET, 1)NIT I, CONTINUED BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT E� JONES SURVEY Toany Moore Tower Co., Tract IF 379.41 No Assessment Incorporated Comm. Due to Slope Differential W. J. BAKER SURVEY Woodhaven Country Tract IA 1601 No Assessment Club Estates Comm. Due to Slope P.O. Box 8593, 76112 Differntial Attn: Janet Rodman Woodhaven Country Tract 1A 6751 Pavement Club Estates Comm. Widening $10.31 $6,959.25 P.O. Box 8593, 76112 6751 Curb .83 560.25 Attn: Janet Rodman $7,519.50 Woodhaven Country Tract 19 3301 No Assessment Club Estates Comm. Drainage Easment & P.O. Box 8593, 76112 Future Street Attn: Janet Rodman TOTAL COST TO PROPERTY OWNERS......... ... ...$ 15,144.70 TOTAL COST TO CITY OF FORT WORTH............ 589,226.09 TOTAL ESTIMATED CONSTRUCTION COST.... . .. .. ..$604,370.79 ai ix City of Fort Worth, Texas MOM Mayor and Council Communication DATE z w kE sssjzcn lianali.t Hearin ., Bridge Stree t; PAGE 5/7/73 � 1 �vawaa is i or �' wm On April 9, 1973 a contract was awarded for subject improvements, Project No. 1 23000-131 and 109-14000-4302, and May 7, 1973 ,was stet as the "data for the bene- fit hearing (K&C C-2505) . apt lli &Eri ti.aoa Roadway idth R.O.W. Width Street limits feat feat Bridge Street Oakland Boulevard 44 to 56 60 to 8: t."o Weiler Boulevard Water Limits 12" Water Supply Blue Lake Drive tmwo Haire Weiler Boulevard The 1973-75 Capital Improvements Program am „to vides for improvements to Bridge Street from Oakland to Weiler ( ally - as approved in the "l 70 bond election. This wai.11 provide improved traffic flow and drainage facilities for Nolan High School, White Lake Hills Addition and Woodhaven Country Club Estates Addittan. The new 12" water supply main—will constitute auxiliary supply to both Wood- haven Ctotontt " Club Estates and White Lake Hills Additions and strengthen relia- bility is the vicinity of Haase areas. tmaoa.i.stu YA 0120 wa�iltaa11s Bridge Street is a major thoroughfare with a present, traffic count of 7,679 vehicles per day. The existing street is approximately C feat wide, sub- standard grade asphalt pavement without curb and gutter. l.,aa ' eU1Iratra The improvements will consist of widening to a o-itacot width by coawast ruct L on of " thick m it" cos td concrete a amen , with " high concrete curb, on a " lime stabi liaatl subgrade, along with necessary storm sewer appurtenances, and la"o concrete driveways. The street wi.l.l, be widened two 56-lcoot width at Nolan "1'i::igh School and Blue Lake Drive to provide left-turn lanes to the stlaootol and White Lake Hills Addition. The water supply in will consist of construction aof approximately 3,900 feat of 12-inch and 424 heat of 8-inch water main. 1'r°oa otosa 61,aessm rwt,s atocl,,.Enh antemewot 70 o Orai..sals lliere are several unusual conditions attending this project as related to assessment of costs to adjacent, bone itted property. The "texas Turnpike DAYS 1MINCE uw r'e Benri"it Hearing Bridge Street PAGE 5/7/73 na SEFt on s , through-lanes abut Bridge Street on the south throughout the entire length. By contractual agreement, no assessments can be levied against the Turnpike Authority. Along the north side of the project, most of the abutting pro- perty ronntage is a strip of land varying from 20 .feet to 0 ,i;oat in width and occupied by 20-inch high pressure ,gas line owned by Old Ocean Fuel Company. The gas line is a part of the fuel supply for Texas Electric Service Company. Only three other property rrwrnnacships appear along the north side of this project: ( the Fort Worth Water Department, 2 Tommy Moons ' aw err Company, and ,, Woodhaven Country Club Estates. In on:"dern to obtain an independent appraisal of the enhancement of value of property resulting from the proposed paving improvement, Mr. Ross E. Jones, Slim SR/WA, was engaged to make a. study. The apprrai.sal report indicates sates that the proposed new street will not benefit the narrow strip of land owned the Old Ocean Fuel Company nor will ll. tins improvements change the use of this property. Therefore, no special benefits or assessments are proposed. Assessments proposed against Woodhaven Country Club b stat es are in accordance with normal City policy, and credits have been allowed where portions of the property are not accessible from Bridge Street due to the difference in grade between adjacent property and the street. The owners of this property have no objection to the proposed assessment: Following normal as,sessmennt, policies, the proposed a,sses,srtment. for than Tommy Moony Tower Coapany property is $7:,352.40 for pavement and curb plats $272. for driveway, orr a total of $7,625.20, In keeping with standard procedure, lr. ptoora was notified of the proposed assessment following receipt of bids. iltra to his objection to the proposed assessment, the appraiser was asked to review this property also. The appraisal report indicates that the Tommy' Moore Tower Company property wi'll be enhanced in value by an amount of $25,000. Recommendation It is recommended that any ordinance be adopted closing the lt+snefit Hearing and levying the assessments as proposed. ttachaasnrt SUBMITTED DISPOSITION, C,� TPTan imn t n mnm t _._ .. .. r " r y._. oswrs CITY 14NKN ER m