HomeMy WebLinkAboutOrdinance 7037 ORDINANCE NO.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF__ HITSON LANE
-
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES-I—NTff E
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: HITSON LANE From the southeast corner of Tract 6C, R. R.
Ramey Survey to the southeast corner of Tract
3D, R. R. Ramey Survey, known and designated
as Project No. 104-24000-240, Unit 1, a seven-
inch thick hot-mix asphaltic concrete pavement
on a six-inch Chi& lime stabilized subgrade'
with seven-inch high concrete curb and eighteen-
inch wide concrete gutter on a thirty-six foot
roadway. Six-inch thick concrete driveways will
be constructed where specified.
The above, together with combined concrete curbs and gutter on proper grade and line where same are not already
improve-
ments are to be ~. ~.~~...~~~~ ~~ a~. ~^.-^e =^~_~ .~ the x"=s a"° "^ strict. =^~"`"a~^~ with "^^= ^ =^s and
Specifications therefor: and contract has been made and entered into wit
for the making and construction of such improvements on the above said portion of streets, avenues and public
places.
estimates of the the bbu
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 fix ed therefor, . on the '
l in the Council Chamber in the City Hall in the City of Fort Worth` Texas, and at
such bearing the following protests and objections were 'made, to-wit:
'
that
protested`
that
protested'
that
'
' -protested that
that
'___--____ that
--protested that
-___ that
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 THEREFORE:
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 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 v abutting upon the said portions of streets, avenues and public places
and against the owners Of such property, and than such 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 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 particulni, property abuts and for which 'assessment is levied and charge made, in a sum in excess of
the 'qdd assessment and cliar.-e made against the same by v this ordinance, and further finds that the apportion-
ment of the cost of the improvements is, in accordance with the law in force in this City, and the proceedings of
the City heretofore had with reference to said improvements, and is in all respects valid and regular.
III.
There shall be, and is herebv, 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 v itemized below opposite the description of the respective parcels of 'property and the several amounts
assessed against the some, 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 (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 (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 v 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 dirly authorized Director of Public Works the City of Fort Worth retains the right to
authorize payment of the sums assesed against abutting
property L11)011 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 tliii'tY (30) days after the completion and acceptance by
the City of the particular unit. PROVIDED FURTHER, that the Cit'N, 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 FURTHEEI, that such method of payments shall be authorize(] only in instances
where the owner or owners of property v 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 hy 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 by v the Assessor 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-payment of ad valoi°em taxes, or at the option of the City of
Fort Worth, or its assigns, payment of said Sums shall be (nforced by suit in any court of competent jurisdic-
tion, or as provided in any mechanic's or niaterialman's contract as aforesaid, and said City shall exercise all of
its lawful powers to aid in the enforcement and collection of said assessments.
V111
The total amount assessed against the respective panTls 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 I tie law in force in the City.
dal.
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 be required to issue credits, and will not do so,
if same would result in any equity and/or unjust discrimination.
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.
lxm
For the purpose of evidencing the several,sums, ,,,assessed against the respeeLve parcels of abutting prop-
erty and the owners thereof, and the time and term.a of payrnent, and 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 Oty of Fort Worth, Texas, upon completion and accept-
ance by the City of the improvements in each unit of improvement as the work in such unit is completed and
accepted, which certificates shall be excecuted by the mayor in the name of the City and attested by the City
Secretary, with the corporate soul of the City irnpre �sed thereon, and shalt be payable to the City of Fort Worth,
cur As assigns, and shall declare the saicl ainouns, One and terms of payment, rate of interest, and the date of
the completion and acceptance of the improvements i0ml,ting upon such property for which the certificate is
issued, and shall contain the name of the ownaw or ownwo, A kno"T, description of the property by lot and block
number, or front feet thereon, or such other des •iptOn as may otherwise identify the same; and if the said
property shall be owned by an estate, then than denryAhn id same as so owned shall be :sufficient and no error or
mistake in describing any properly or in giving, the imme of the owner, shall invalidate or in anywise impair
such certificate, to the assessments levied.
The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then
they shall be collectable, with reasonnifle nttorneys two and costs of collection, if incurred, and shall provide
substantially that the amounts evidenced ther(_,�by sh,,,dI be j),,tid to the Assessor and Collector of Taxes of the
City of Fort Worth, Texas, who shall 6sue his iv • 41q t hervAn which s;hall I)e evidence of such payment on any
demand for the same, and the Asmwwr and (WOctor of 1'axcs ,;hall deposit the sums so received by him forth-
with with the City Treasurer to be kept ;md lo,,ld by hire in a sepanim fund, and when any payment shall be
made in the City the Assessor and CoHector of Oxw; upon Audi rertincate shall, upon presentation to him of
the certificate by the holder thereof swrimse sAd jwyrnva themof. If wich cortificate be assigned then the holder
thereof shall be entitled to receive from the 66, Treasmor the immunt paid upon the presentation to him of
such certificate so endorsed and credited; mul su(T i,ndomenicni and credit shall bf,r the Treasurer's Warrant for
making such paymerrt. Such jx*inentK by the Tnwsumr shall be ivceipted for the holder of such certificate in
writing and by surrender thereof whoa the principal, togetlwr with ow rued interest and all costs of collection
and reasonable attornefs fees, if inunivd. have Kwn paid in full.
Said certificates shall further recite subsumlidly that the proceedings with reference to making the
improvements have been i• gularly hand in compliance 'Oth the him and that all prerequisites to the fixing of the
assessment hen against the property described in such cortiticate And the jwr3onal liability of the owners thereof
have been performed, and such recitals slinH 1w prinia f'a,.Jv evidmwe of all the matters recited in such certificates,
and no further proof thereof shall be required in akn, coliH.
Said certificates may have cu"Imns attwled Vierdo in evidm"v of each or any of the several installments
thereof, or may have coupons for wwh of the Ant Nor hmUllment% leaving the main certificate to serve for the
fifth installment, which coupons may hc� payal)k,, to the (1b, of Fort Woi,th, or is assigns may be signed with the
facsimile signatures of the Alayor arK City Sc Oury
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.
Xii.
The assessments so levied are for the improvements in the particular unit upon which the property
described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve-
ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts
assessed for improvements in any one unit have been in nowise connected with the improvements or the assess-
ments therefor in any other unit.
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--c,, day of Cl///V
i(L1__z2zf I— / iqoc�
APPROVED AS TO FORM AND LEGALITY:
City Attorney
PROJECI NO., 104-24000-240, UNIT 1: HITSON LANE FROM THE SOUTHEAST CORNER OF TRACT 6C,
R, R. RAMEY SURVEY TO THE SOUTHEAST CORNER 01 TRACT 3D, R. R. RA14EY SURVEY, to be improved
by constructing a seven-inch thick hot-mix asphaltic concrete pavement on a six-inch thick
lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide con-
crete gutter on a thirty-six foot roadway, Six-inch thick concrete driveways will be
constructed where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
WEST SIDE R. R. RAMEY SURVEY
Beginning at the southeast property line of Tract 6C, R. R. Ramey Survey.
Bobby R. Bray Tract 6C 152.78' Pavement $2.54 $388.06
Rt. 4, Box 486 Res. 152.78' Curb & Gutter 3.69 563.76:
76101 $ 951.82
Bobby R. Bray Tract 6B 152.781 Pavement $2.54 $388.06
Rt. 4, Box 486 Res. 152.78' Curb & Gutter 3.69 563.76
76101 96 Sq. Ft. Driveway 1.38 132.48
$1,084.30
Charles Kuykendall Tract 5C 75' Pavement $2.54 $190.50
Rt. 4, Box 484 Res. 751 Curb & Gutter 3.69 276.75
76101 193 Sq. Ft. Driveway 1.38 266.34
$ 733.59
Mrs. L. F. Head Tract 5C-1 75' Pavement $2.54 $190.50
Rt. 4, Box 481 Res. 75' Curb & Gutter 3.69 276.75
76101 96 Sq. Ft. Driveway 1.38 132.48
$ 599.73
B. J. Butcher Tract 5B 150' Pavement $2.54 $381.00
Rt. 4, Box 480 Res. 150' Curb & Gutter 3.69 553.50
76101 96 Sq* Ft. Driveway 1.38 132.48
$1,066.018
1.
..........
PROJECT NO. 104-24000-240 UNIT 1: HITSON LANE, Continued:
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
WEST SIDE SAINT MATTHEW ADDITION
St. Matthews Methodist 1 1 300' Pavement $2.54 $ 762.00
Church Res, 300' Curb & Gutter 3.69 1,107;00
Box 8186 210 Sq. Ft. Driveway 1.38 289.80
76112 $2,158.80
R,, R, MY SURVEY
Suella Herring Tract 3E 123.3' Pavement $2.54 $ 313.18
Rt, 4, Box 479 Res. 123.31 Curb & Gutter 3.69 454.98
76101 96 Sq, Ft. Driveway 1.38 132.48
$ 900.6'
EAST SIDE LA VALLE GRANDE ADDITION
Colony Homes 1 1 112.6' Side lot adjusted to:
3440 S. Freeway Res, 100' Pavement $2.54 $ 254.00
76115 100' Curb & Gutter 3.69 369.00
$ 623.00
Acapulco Road intersects
Colony Homes 1 2 111" Side lot adjusted to:
3440 S. Freeway Res. 100' Pavement $2.54 $ 254.00
76115 100' Curb & Gutter 3.69 369.00
$ 623.E
Elco Property of 40 2 111' Side lot adjusted to:
Arlington Res, 100' Pavement $2.54 $ 254.00
5107 Lester 100' Curb & Gutter 3.69 369.00
Arlington, 76016 $ 623.00
Bermejo Road intersects
u
PROJECT N0, 104-24000-240, UNIT 1: HITSON LANE, Continued:
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
EAST SIDE LA VALLE GRANDE ADDITION
Joe Cholopisa, Jr. 1 3 111' Side lot adjusted to
7500 Bermejo Road Res. 100' Pavement $2.54 $254.00
76116 100' Curb & Gutter 3.69 369.00
$623.00
Elco Property of 40 3 118.7' Side lot adjusted to:
Arlington Res. 100' Pavement $2.54 $254.00
5107 Lester 100' Curb & Gutter 3,69 369.00
Arlington, 76016 $623.00
Castillo Road intersects
Great American Homes, 1 4 120' Side lot adjusted to:
Incorporated Res, 100' Pavement $2.54 $254.00
Riverside State Bank Bldg. 100' Curb & Gutter 3.69 369.00
76111 $623.00
R, R, RAMEY SURVEY
Woodcrest Investment Co. Tract 17C 122' Pavement $2.54 $309.88
c/o Jerry Baker Res. 122' Curb & Gutter 3.69 450.18
P.O. Box 828
76101 $760.06
Woodcrest Investment Co. Tract 16 85' Pavement $2.54 $215.90
c/o Jerry Baker Res. 85' Curb & Gutter 3.69 313.65
P.O. Box 828
76101 $529.55
3.
PROJECT NO. 104-24000-240L UNIT 1: HITSON LANE, Continued:
TOTAL COST TO PROPERTY OWNERS UNIT 1... ..........$12,523.47
TOTAL COST TO CITY OF FORT WORTH UNIT 1..........$31,161.78
TOTAL ESTIMATED CONSTRUCTION COST UNIT 1.........$43,685.25
4.
City of ,Fort Forth, Texas
aann m kAt Mayor and Council Communication
�mAlaanaM
QAOTE
.. REF AEW vowEer Benefit He - a n n t PAGE
7/15/74 N MSef Paving Locations on the n Of 1
t East ll
On .June 17, 1974, a contract was awarded ed for the Assessment Paving at 2 Location
any the East Side, Project No. 104-24000-240, and July 15, 1974, aanm set as the
date of the Benefit Hearing C C-2834) ,
PrDject 11 .aa tt:t t a tn,
Unit Strut Limits it ,a Vidt n R.0 4W Wl,atth
Hitson Lane Southeast corner of 36 Feet 60 Feet
Tract ct to outhea s t
corner of Tract 30
2 Scott Avenue tt It Ramey Survey 40 Feet 60 feet
400 Feet West of Taf
Street to Hudsan
Street
Unit I was initiated by Community Facilities Contract No. 7057 (fit&tom C-2164''
dented 2/14/72) , awnn Unit 2 was initiated by onnt t Nan. 7671 M C-2633,
darted 10/l/73) .
Improvenents
Both units will e improved by construction of commercial and/or collector
grade hot mix asphan. t c a t pavement with concrete cur and gutter along
with required l c nw mte driveway approaches and necessary storm drain pipe and
appurtenances. Fouv-toot wide concrete sidewanik wail.l. be n°na t ucted along the
north side of Unit 2 (Scott cn adjacent to commercial property.
Enhanc Of Abuyting Property
went
It is the opinion of the Prtanblic Works Department that each parcel of abutting
property is benefited in any amount equal to or in excess of the amount recom-
mended fto assessment,
em analatl;ann
It s ec ann n nnded that an ordinance to adopted closing the the t Hearing
and levying the assessments as proposed for Unit 1, M tso n Lzme and Unit 2,
Scott Avenue.
l :hlc
Attachment
SUBMITTED EY!� W PDSITIO By COUNDIMn PR0 SEO BY
;jji ji
APPROVE I J OTHER ( ESCR90E)
Lt ter tw hta DATE
CITY MAN AGtER pmtt Avenue_ finalized D'nn ZZ.-&
7-15-74.