HomeMy WebLinkAboutOrdinance 7036 ORDINANCE NO.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
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OF IMPROVING A PORTION OF-_ OLANE
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 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:
UNIT 1: FITTSON LANE From Lhe southeast cot°ner, of Tract 6C, R. Ra
Ramey Survey to the southeast corner of Tract
3D, R. R. Ramey Survey, known and designated
as Unit 1, Project No. L04-24000-240.
(CONTINUED EVY C01JN(.`,1L ACTION)
UNIT 2: SCOTT AVENUE From 40' west of Taft" Street to Hudson Street,
known and designated as Unit 2, Project No. 1C4-
24000-240, a se,ven-inch thick hot-miLx asphaltic
COTICTete pavement on an eight-inch thick lime
stabilized subgrade with seven-Inch higl"i concrete
curl) anal eighteen-Inch wide c,oncrete gutter on a
forty foot roadway. Six-inch t1rick concrete drive-
ways and fOLVI -foot: wide cone-rete sidewalk will be
constructed where speciffed.
..........
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 S B I,=JT_Li 11ffLA°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 15th day of ITULY ,
19 74 9:3 0 A.M. , 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 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
[)e made and levied as herein ordered:
NO"' TIfEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, THAT:
I.
Said hearing be, and the same is herel)'v, closed and the said protest and objections, and any and all other
protests and objections, whether herein enumerated or or riot, be and the same are hereby, overruled.
11.
The City v Council, from the evidence, finds that the assessments herein levied should be made and levied
--ainst 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 SLICII assessments and charges are right and proper and are
substantially in proportion to the benefits to the respective parcels of property by means of the improvements
in the unit for which Such assessments are levied, and establish Substantial Justice' and equality and uniformity
between the respective owners of the respective properties, and between all parties concerned, considering the
benefits received and burdens imposed, and further find-, 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 improvements, and is in all respects valid and regular.
M.
There shall he, and is herebv, levied and assessed against the parcels of property herein below mentioned,
and against the real and true owner's thereof (whether such owners he correctly named herein or not) the sums of
money v itemized below opposite the description of the respeetive parcels of property and the several amounts
assessed against the same, and the owners thereof, AS far as Such owners are known, being as follows:
IV.
Where more than one person, firm or corporation owns an interest in any property above described, each
said person, firm or corporation shall be personally liable only for its, her or his pro rata of the total assessment
against such property in proportion as its, his or her respective interest bears to the total ownership of such
property, and its, his or respective interest in such property may be released from the assessment lien upon pay-
ment of such proportionate sum.
V.
The several sums above mentioned and assessed against the said parcels of property, and the owners
thereof, and interest thereon at the rate of six per cent (61,c' ) 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 (6!'(' ) per annum, payable annually with each install-
ment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the
completion and acceptance of the improvements in a particular unit, assessments against the property abutting
upon such completed and accepted unit shall be and become due and payable in such installments, and with
interest from the date of such completion and acceptance. Provided, however, that any owner shall have the
right to pay the entire assessment, or any installment thereof, before maturity by payment of principal and
accrued interest, and provided further that if default shall be made in the payment of principal or interest
promptly as the same matures, then the entire amount of the assessment upon which such default is made shall,
at the option of said City of Fort Worth, or its assigns, be and become immediately due and payable, and shall be
collectable, together with reasonable attorney's v's fees and cost of collection, if incurred, PROVIDED, however,
that acting through its duly V authorized Director of Public Works the City of Fort Worth retains the right to
authorize payment of the sums assesed against abutting property upon sLIC11 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 FURTHEIZ., that the City Attorney is hereby empowered to authorize
payments of said sums of lesser installments and/or over a longer period of time in cases in which the Director
of Public Works has previously determined that an extreme financial hardship upon the property owner will
otherwise result; and PROVIDED FURTHER, that such method of pa'yments 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 collection thereof ,,hall lie enforced either by
the sale of the property by the Assessoi� and Collector of Ta�los, ()i' said City as near as possible in the same man-
ner provided for the sale of property for the non-paYinent 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 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 parcels of abutting property, and the owners thereof, is
in accordance with the proceedings of the City relating to said improvements and assessments thereof, and is
less than the proportion of the cost allowed and permitted by the law in force in the City.
V11L
Although the aforementioned charges have been fixed, levied, and assessed in the respective amounts
hereinabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned
assessments by allowing credits to certain property owners where deemed appropriate. Notwithstanding the City
Council has herein reserved the right to issue credits, it shall not lie required to issue credits, and will not do so,
if same would result in any equity and/or unjust discriminatuon.
The principal amount of each of the several assessment certificates to be issued the City of Fort Worth,
Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment
hereinabove levied such amount or amounts, if any, as rnaY hereafter be allowed by the City Council as a credit
against the respective assessments.
M
For the purpose of evidencing the several,sums ,t3sessed the respective parcels of abutting prop-
erty and the owners thereof, and the time and terms of 1),,iyment, a.tnd to aid in the enforcement and collection
thereof, assignable certificates in the principal amount of the respective assessments less the amount of any re-
spective credit allowed thereon, shall be issued by the City of Fort Worth, Texas, upon completion and accept-
ance by the City of the improvements in each unit of improvoment as the work- in such unit is completed and
accepted, which certificates shall be executed by the malvoi, in the name of the City and attested by the City
Secretary, with the corporate seal of the City impressed I hereon, and shall be payable to the City of Fort Worth,
or its assigns, and shall declare the said amounts, Lime and terms of l,)aYn-ient, rate of interest, and the date of
the completion and acceptance of the improvoinents ,J)utting ujl(M SUCII property for which the certificate is
issued, and shall contain the name of the owner or owners" if' description of the property by lot and block
number, or front feet thereon, or such otlier desciphon as ma'v oilierwise identify the same; and if the said
property shall be owned by an estato, then the 6,asci iptiml of same �,o owned shall be sufficient and no error or
mistake in describing any property 01, 111 0,1VITIO, the name of the owner, shall invalidate or in anywise impair
. 1 7
such certificate, to the assessments levied.
The certificates shall provide sub,,�tintiffl'v tliit it' ,�mme ,,hall not ht", paid promptly upon maturity, then
they shall lie collectable, with reasonable n�tornc�'v's fevs amd of ( oll(Tti011, if itICUrred, and shall provide
substantiall'%, that the amounts evidenced thf,,,rehy shaH bo paid to the As,;essor and Collector of Taxes of the
City of Fort Worth, Texas, who shall issue rec("
�ipt thorefor, \,,,hich slmll be evidonce of such payment on any
demand for the same, and the Assessor and CoHcctor of deposit the sums so received by him forth-
with with the City Treasurer to be kept nand 1)'N, lJin in a separate fund, and when any payment shall be
made in the City the Assessor and couector of Ul,)011 SAK'h Ct!TtifiCate shall, Itpon presentation to him of
the certificate by the holder thereof endors�,,e "aid paYwOM til('YeOf. HSLIO) cortiucate be assigned then the holder
thereof shall be entitled to receive from the Cit'v 1'reasurcr the an-aonnt paid upon the presentation to him of
such certificate so endorsed and credited; and such ("ndor.sLr1[wrut and Lredit shall be the Treasurer's Warrant for
Making Such payment. Such payments by fho Treasurer shall P),? receipted for the holder of such certificate in
writing and by surrender thereof when the,, pi-iiicipad, �o'n'th�,,r �,v�th aacrued int(-.,rest and all costs of collection
and reasonable attortie.v's fees, if inCUITE'd, 11W,'O 141(1a l)aid in full.
Said certificates shall further recite SUliSt,'H1tial1Y that th(l prOCeedielg'S, with reference to making the
improvements have been re'aularly had in comlaliaance wa at.fa tht, Ltv,,, and rhnt aH prerequisites to the fixing of the
assessment lien against the propertV described it) �Lwh ,arid thee pensonal liability of the owners thereof
have been performed, and Such recitals, �d)all I)e prirn,u facie evidonce of alt the inatters recited in such certificates,
and no further proof thereof shall lie 1'eqUired in any couO.
Said certificates may have couporis attached f hv o iai evi(ir'Ywe of 4 ach ni, anv of the several installments
thereof, or may have coupons for eaf,,fi i)f the first four iustadnients, leaving the innin certificate to serve for the
fifth installment, which coupons may he pa,yalfle W Hie CitY of Fort '-Voi,th, or its assign; may be signed with the
facsimile signatures of the MaYO)• and Pity
. .
Said certificates shall f urther recite that the City of Fort Worth, Texas shall exercise all of its lawf ul
when requested so to do, to aid in the enforcement and collection thereof, and may contain recitals sub-
stantially in rdaooe 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
amffioioot. The tact that such improvements may be omitted no 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 iroymjr the lien of
such awaeaaruentm uDno other premises.
X.
Full Dower to make and levy reassessments and to correct mistakes, errwra, buvulditioo or irregularities,
either in the amamasnoeotm or in the certificates issued in evidence thereof, is, in accordance with the law in force
io this City, vested in the City.
]C%.
All uoaemamootm levied are a personal liability and charge against thereul and true owners of the premises
described, notwithstanding such owners may not be named, or may he incorrectly named,
XiD,
The uaaesmru*nts so levied are for the improvements in the particular unit upon which the property
described abuts, and the uoaesaruoota for the improvements in any unit are in nowise affected by the improve-
ments or uaaemmnmeohy in any other unit, and in making asm*mmrneuta and in holding said hearing, the amounts
moomaaed for improvements in any one unit have been in nowise connected with the improvements or the assess-
ments tbereforioaoyotberuoit.
XDDD.
The assessments levied are made and levied under and by virtue of the terms, powers and provisions ofau
Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, koovvo as Chapter 106
of the Acts of said Session and now shown as Article 1105bof Vernon's Texas Civil Statutes, which Act has been
adopted as an amendment to and made o part of the (]burtor of the City of Fort Worth, Texas.
XDV.
The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same
in the Minute Bonk 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 abuU take mO,00t and be in fuUforce and e{[eot from and after the date of its passage and
itivaoordained.
PASSED AND APPROVED this day of..., 19n.��
APPROVED AS T0 FORM AND LEGALITY:
City Attorney
PROJECT NO 104-24000-240 UNIT 2; SCOTT AVENUE FROM 400' WEST OF TAFT STREET TO HUDSON
STREET, to be improved by constructing a seven-inch thick hot-mix asphaltic concrete pave-
ment on an eight-inch thick lime stabilized subgrade with seven-inch high concrete curb and
eighteen-inch wide concrete gutter on a forty foot roadway. Six-inch thick concrete drive-
ways and four-foot wide concrete sidewalk will be constructed where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NORTH SIDE SYCAMORE HEIGHTS ADDITION
Beginning at a point 400' west of Taft Street.
Clinton D. Wright, 2-R-A 16 273.41' Pavement $13.83 $3,781026
Realtor & Associates, Inc. Comm. 273.41' Curb & Gutter 3069 1,008.88
6145 Wedgwood Drive 273.41' Sidewalk 4.88 1,334.24
76133 $6,124.38
Clinton D. Wright 2-R 16 268' Pavement $13.83 $3,706.44
Realtor & Associates, Inc. C m. 268' Curb & Gutter 3.69 988092
6145 Wedgwood Drive 244' Sidewalk 4.88 1,190072
76133 186 Sq. Ft. Driveway 1.38 256.68
$6,142.76
RAMADA INN CENTRAL ADDITION
H. A. T. Inc. 1 1 300' Pavement $13.83 $4,149.00
200 Metro Square Cot. 300' Curb & Gutter 3.69 1,107.00
2655 Villa Creek Drive 300' Sidewalk 4.88 1,464.00
Dallas, Texas 75234 $6,720.0
H. A. T. Inc. 2 1 148.8' Pavement $13.83 $2,057.90
200 Metro Square Comm. 148.8' Curb & Gutter 3.69 549.07
2655 Villa Creek Drive 148.8' Sidewalk 4.88 726.14
Dallas, Texas 75234 $3,333.11
Hudson Street intersects
5.
PROJECT NO, 104-24000-240, UNIT 2: SCOTT AVENUE, Continued:
BLOCK
OWNER LOT ZONING FRONTAGE RATE 'AMOUNT ASSESSMENT
SOUTH SIDE SYCAMORE HEIGHTS ADDITION
Charles G. Cotton E.141.5' 23 141.5' Side lot adjusted to:
2100 Hudson of Lot A Res. 100' Pavement $2081 $281900
76103 100' 'Curb'& Gutter 30'69 369.00
78 Sq. Ft. Driveway 1,38 107.64
$757.64
Tracy F.G. Evans & W.1001 23 1001 Pavement $2.81 $2810'00
Charles G. Cotton of Lot A Res, 100' 'Curb-& Gutter 3069 369.00
2100 Hudson Street 78 Sq. Ft, Driveway 1.38 107.64
76103 $757.64
Thomas Investment Co. J 24 50' Pavement $2.81 $140.50
1508 First National Res. 501 Curb & Gutter 3.69 184.50
Bank Building
76102 $325.00
'Thomas Investment Co, H 24 50' Pavement $2.81 $140.50
1508 First National Res, 501 Curb & Gutter 3.69 184.50
Bank Building
76102 $325.00
Danny Sides A 24 60' Pavement $2.81 $168.60
2900 E. Lancaster Res. 601 Curb & Gutter , 3.69 221.40
76103 $390.00
Danny Sides 10 24 501 Pavement $2.81 $140.50
2900 E. Lancaster Res. 50' Curb & Gutter 3.69 184.50
76103 $325.00
6.
M10JECT N0, 104-24000-240, UNIT 2s SCOTT AVENUE, Continued;
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
SOUTH SYCAMORE HEIGHTS ADDITION
Texas Equity 9 24' 50' Pavement $2081 $140.50
Investment Co. Res. 50' Curb & Gutter 30' 69 184.50
711 W. 7th Street 116 Sq. Ft. Driveway 1.38 160.08
Suite 101 - 76102 $485.08
Texas Equity 8 24 50' Pavement $2,81 $140.50
Investment Co. Res, 50' Curb & Gutter 3.69 184.50
711 W. 7th Street
Suite 101 - 76102 $325.00
Texas Equity 7 24 50' Pavement $2.81 $140.50
Investment Co. Res, 50' Curb & Gutter 3.69 184050
711 W. 7th St.
Suite 101 - 76102 $325.00
Taft Street intersects
W. E. Arnold 5 24 50' Pavement $2.81 $140.50
2104 Taft Street Res, 50' Curb & Gutter 3.69 184.50
76103 $325.00
W. E. Arnold 4 24 50' Pavement $2.81 $140.50
2104 Taft Street Res, 50' Curb & Gutter 3.69 184.50
76103 $325.00
W. E. Arnold 3 24 50' Pavement $2.81 $140.50
2104 Taft Street R�a 50' Curb & Gutter 3.69 184.50
76103 $325.30
7.
PROJECT NO. 104-24000-240, UNIT 2: SCOTT AVENUE, Continued:
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
SOUTH SIDE SYCAMORE HEIGHTS ADDITION
W. E. Arnold 2 24 50' Pavement $2.81 $140.50
2104 Taft Street Res. 50' Curb & Gutter 3.69 184.50
76103 $325.00
W. E. Arnold 1 24 50' Pavement $2.81 $140.50
2104 Taft Street Res. 50' Curb & Gutter 3.69 184.50
76103 $325.00
Margaret H. Stoes A-1 130' Pavement $2.81 $365.30
404 N. Lea Res. 130' Curb & Gutter 3.69 479.70
Roswell, New Mexico
88201 $845.00
TOTAL COST TO PROPERTY OWNERS UNIT 2..... ..... ....$28,805.61
TOTAL COST TO CITY OF FORT WORTH UNIT 2... ... .. .. .$27,048.49
TOTAL ESTIMATED CONSTRUCTION i COST UNIT 2.. .... ....$55,854.10
it y of Fart Worth, Texas
-She Mayor and Council Communication
SAILIFF DATE "E11118
; aEE . Benefit easing — Assessment PAGE
QAAHAM ?x15/74 �UMS
Paving at '1 as Locations ons ears the I
G-2461 East Side, a or
On June , 1974, a contract was awarded d tit the ear en , Paving at ? Location
on the East Side, Project o. .04-24000-2 0, and July 15, 1974, was set as the
date of the Benefit Hearing (M&C C-2834) .
)
froject_Description
Unit Street ;unit d .2.Kd . tdldth
1, H taaaaaa Lane Southeast corner of 36 Feet 60 Feet
Tract to Southeast
corner of Tract
cott Avenue R.R. Ramey Survey 40 Feet 60 Feet
400 "et West of Taft
Street to Rudson.
Street
Vnit I was i0tiated by Comonnity Facilities Contract dear. 7057 M d-2164
dated 2114/72), and Unit 2 was initiated by ontract. No. 7670 QK C-2633,
dated 10/l/73) .
art;r2veme at
Waage eras will b 'Am t rve d by construction of commercial and/or collector
grsde rartaaat a a has tic aaarcrete pavement with concrete curb and gutter along
with regbired contrate driveway approaches and necessary storm drain p
appurtenances, Four-foot wide concrete sidewalk wi to constructed along the
north side of Unit (Scott arenas assert to commercial property.
Enhancement of butt far' tea r�t',
It is the opinion of the ca ter dad'orks Department that each parcel of abutting
property is benefited in an arraaarunt equal to or in excess of than amount recom-
mended for assessment.
Recommewdatilo ra
It is recommended than an ordinance be adopt d ..a sin the enefi t Hearing
and levying than assessments as proposed for nit 1, Hit son Lane and Unit 2,
co, tt Avenue.
RNL:hlc
Attachment
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