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HomeMy WebLinkAboutOrdinance 7141 ORDINANCE NO.- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__ tLEST PETER SMITH STREET 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: WEST PETER SMITH STREET From Forest Park Boulevard to Fifteenth Avenue, known and designated as Project No. 104-35000-361, a seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a forty foot roadway. Six-inch thick concrete drive- ways will be constructed where specified. 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 Bi"LUII A.thi C Conivel ny 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 li day of__.,f"�_rq„. 19 7-5—, 20a L.L • , 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, full,v considered all proper matter, is of the opinion that the said hearing should be closed and assessments should uld be made and levied as herein ordered: NO"' 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 riot, be and the same are hereby, overruled. H. 'File City Council, from the evidence, find,,; 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 propertv, and that t such assessments and (,harges are right and proper' and are substantially in proportion to the benel,lts 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 v benefited in enhanced value to the said property v b*v 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- went of Lire 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 be, and is hereb:v, levied and assessed against the parcels of property herein below mentioned, and against the real and true owners thereof (\%hether Such OWnel'S be correctly named herein or not) the sums of money v itemized below- opposite the description of the respective pa rcels of property and the several amounts against the are. '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'��) 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 (6r( ) 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 propert,y 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 N, Attorney is hereby empowered to authorize payments of said sums of lessei, 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 F13fl.THER, that such method of payments yments shall be authorized 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 Hen Ul)0n 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 by v the Assessor and Collector of Tax(,, 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 valorem taxes, or at the option of the City of Fort Worth, or its assigns, payment of said stims 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, :i" The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in accordance with the proceedings of the linty relating to said improvements and assessments thereof, and is less than the proportion of the cost allowed and paerrnitted by the law in forcer in the City. 111. 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. Notwi0rstanding the City Council has herein reserved the right to issue credits, it shall not be required to issue credits, and will riot do so, if same would result in any equity and/or unjust disrcr°itaina.tion. The principal amount of each of the several assessment eertibe ates to be issued the City of Fort Worth, Texas, as hereinafter provided, shall be fixes] and deteer°raine d by deducting front the amount of any assessment hereinabove levied such amount or amounts, if any, as may he maahor be allowed by the City Council as a credit against the respective assessments. IN. For the purpose of evidencing the several,sums assessed :ar aainst the rep^spectre, parcels of abutting prop- erty and the owners thereof, arid tho time and terms of p"a,eMeent, ,and to aid in the enforcement and collection thereof, assignable certificates in the principal amount of the respective ,assessments less the ",arn:rount of any re- spective credit allowed thereon, shall be issued by the City of Forl Wurth, Texas, upon completion and accept- ance by the City of the improvements in each to it of irr prove rnent as the work in such unit is completed and accepted, which certificates shall be executed by the nmyor in thc, name of the City and attested by the City Secretary, with the corporate ,;ea:al of the Ut.y impressed thei.a'on, and sludl he payable to the City of Fort Worth, or its assigns, and shall declare the Braid aantnrt nts, tirne and toyin„ of payment, mate of interest, and the date of the completion and acceptance of the irnprovernents aalaeutUng upon such properly for which the certificate is issued, and shall contain the naarnia" of the owner or oea nne:ar•," if la,wwn, dvAcription of the property by lot and block number, or front feet thereon, or wiedi Kier desci1,6,en <r"• nriaay offieraa°ise identify the same; and if the said property shall be owned by an e staaten, Own the dcaeT tladom apt s a.nw ;a so owned shall be suflicient and no error or mistake in describing any propwQ^ or hi givingthe ruunnew e,;" the o°ea'nm shall it°nvalidate or in anywise impair such certificate, to the assessments lcaeviol. The certificates shall provide substantially times if mmie shA1 not tae_" pAd promPtly upon maturity, then tho, shall be collectable, with reasonable attorney's fees grid (YMA of e°u hTtiocn, if ineurred, and shall provide substantially that the amounts e"r°idencard therehy "I aaP kre p,aaid po than A,r,,,r „ror and Collector of Taxes of the City of Fort Worth, Texas, who W1 Que his reemipp Avr'aefon which shall he evidence of such payment on any demand for the same, and the Assc:s;a or and t oHector of °T°nwrns ­,haH dep wit:, the sums so received by him forth- with with the City Treasurer to be ke1A aand lidd by la:.0 in as mjnwazte fund, and when any payment shall be made in the City the Assessor and l:"ollector of 1"axeeA ulron such n°4ertiMeaa,te shall, upon presentation to him of Me certificate by the holder thereof endors,ca , acrid pm]°rrlont the*i�eof, if such certificate be assigned them the holder thereof shall be entitled to rwTivee f"rm, than (IQ °TrewKara r the "arranr+."A Wil arlron the presentation to him of such certificate so endorsed and NvnaliUA; aaml such PBK:ar.raeinc rat awl cmelrf ]re.e the "T'reasurer's Warrant for making such payment. `iwueh pad"rrrents by the he rmve#Lod for they Wier of such certificate in writing and by surrender thereof whoa Lhi:: prrinc° prafi, t.Fl,,,eth,u,u with ae.a°rured inteerost arid all costs of collection and reasonable attornel"s fees, if iarcurre_d, haNwn 1ae4m; paid in fuH, Said certificates shall further iveiteh supwaanthdly Hmt the prmeemlingw; with reference to making the improvements have been real°ii4irly had in romp 1htncea vw,it.h tine, Inn, and tha:rc wH prere"epARRes to the fixing of the assessment lien against the pwop;re r Q- de".,orilrN! in r.;,rnch upiKcunte" and thv pnaasomd Hability of the owners thereof have been performed, and sma, re r ais " haan w prima 1"aaciv a^sls.uaire eat" roll the nintters recited in such certificates, and no further proof thereot shall be rautuirs! in imy <mort:.. Said cei tnccaates nay 1mve cu np.rons watt adwd tiro r 4> o in evidence n e of eraach nr any of the several installments thereof, or may have corul,m ns fcrr var,(li rnf three 2rrYL fOUV n¢°rO 11nionts, le^.ir irrg the main c"trflcawe to serve for the fifth installment, which coulxms M ear be pasy„^:O lee to tile" d'it,y of f"oa 'e't°on1h, or K aassigns may be signed with the facsimile signatures of the llaayor aarrd City 'Se^cr et<al'y' Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful powers, when requested so to do, to aid in the enforcement and collection thereof, and may contain recitals sub- stantially in accordance with the above and other additional recitals pertinent or appropriate thereof, and it shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of any of said units adjacent to any premises exempt from the lien of such assessments shall not in anywise invalidate, affect or impair the lien of such assessments upon other premises. X. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof, is, in accordance with the law in force in this City,vested in the City. X1. All assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. X11. The assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve- ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the assess- ments therefor in any other unit. X111. The assessments levied are made and levied under and by virtue of the terms, powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and now shown as Article 1105b of Vernon's Texas Civil Statutes, which Act has been adopted as an amendment to and made a part of the Charter of the City of Fort Worth, Texas. XIV. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council of Fort Worth, Texas, and by filing the complete Ordinance in the appro- priate Ordinance Records of said City. XV. This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED this_�-5..'_day of-- APPROVED AS TO FORM AND LEGALITY: OP City Attorney PROJECT NO 10435000-3611 WEST PETER SMITH STREET FRQ4 FOREST PARK BOTTUVARD TO FIFTEE14TH XV­MNUE, to be improved by constructin' g a seven-Urch thick re'lMo—rced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high superimposed concrete curb on a forty foot roadway. Six-inch thick concrete driveways will be constructed where specified. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT Beginning at the northeast corner of Forest Park Boulevard and West Peter Smith. NORTH SIDE CRAWFORD ADDITION W. S. Dubose A 19 55' No benefit No Assessment 2630 W. Freeway Ind. 76102 St, Louis-S4n Francisco R.O.W. 108.64' No Assessment Railway Tarrant County Water Control 73,,151 No Assessment District No, 1 800 E. Northside Drive 76102 Holiday Lincoln Mercury, Inc. 1-A 15 250.621 Adjusted to (Grade differential) P.O. Box 2351 Ind. 851 Pavement $35.42 $3,010.70 76101 851 Curb 1.33 113.05 $3,123.75 Fifteenth Avenue intersects SOUTHSIDE EDWARDS.HETRS ADDITION Albert J. Hopkins Co. B 30 233.59' Adjusted to (Grade difierential) P.O. Box 503 Ind. 85' Pavement $35.42 $3,010.75 76101 85' Curb 1,33 113.05 $30123.75 Tarrant County Water Control 70.61' District No. 1 ' 800 E. Northside Drive 76102 PROJECT NO 104-350000.361 WE§j PETER SMITH STREET FROM FOREST PARK BOULEVARD TO FIFMNTH AVENUE, Continued; BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT SOUTH SIDE ED14ARDS HEIRS, ADDITION St, Louis-San Francisco R,O,W, 108.64' No Assessment Railway Ford Leasing Developing Co. 1 31-R 86,521 Pavement $35.42 $30064.54 P.O. Box 1940 Ind. 86.52' Curb 1.33 115.07 Dearborn, Michigan 233 Sq. Ft. Driveway 1.70 396.10 48121 $3,575.71 Attn: Mr. F.J. Thibodeau TOTAL COST TO PROPERTY OWNERS.. .... ... ........ .. ....$ 9#823,21 TOTAL COST TO CITY OF FORT WORTH........ .... . .. .....$ 98,378o50 TOTAL ESTIMATED CONSTRUCTION COST.. ............. ... .$108,201.71 City of` Fort Worth, Texas Mayor Council UMOER on RKTE AMMEME SUMC& Benefit Hearing-Fast Peter a PAW 2/19/75 G-2623 Street improvements On January 20, 1975, a contract was awarded for the improvements of West peter . ,..,., Smith Street, Project No. 104-35000-361, and February .17, 1975, was set as, the date for the Benefit Hearing (M&C C-3007). Can February , 1975, the regular Council Neetinf for February 17, 1975, was reset for February 1. , 1975, at 2:00 P.M. and the staff has notified the property owners adjacent to West meter Smith Street of the change of date and time of hearing by Certified Mail on February 3, 1975. pro' ect asAri boas, Kadway R.O.W. f t °eet i.imillits Width-'meet Width-Feet West Peter Smith forest Park Blvd to 15th Ave. 40 60 :tJtiation of Qo ;ct In August, 1969, the City Water Department requested West Peter S d.th Street be opened across the levee and the Frisco tracks to 'gi °e access from 15th Avenue to Forest Park :Boulevard. Preliminary plans were prepared and pre- sented to Tarrant County 'dater Control and Improvement District No. 1, the U. S. Army Corps of Engineers, and the Railroad Company. Strung opposition was encountered from each of the above and no agreement was reached as to grades across the levee. By letter addressed to the Mayor and Council on October 6, 1972, Holiday Lincoln Mercury, Inc. , requested "West Peter Smith Street be extended across the levee to Forest Park Boulevard to facilitate access to their property east of the levee.. The Holiday Lincoln property east of the levee consists of an entire block 'bounded by West meter Smith, 15th Avenue* Guest Broadway and the levee, which has recently been developed,. As a result of the above referenced request, renewed efforts were initiated by the public Works Department with the Water Control Board, Corps of Engi- neers and the Frisco Railroad Company to reach an agreement as to the street crossing over the levee and railroad tracks. Mans have been approved and agreements reached with the above agencies and other City departments. ' IMPGAMN This section of Feat peter Smith vill, be improved with industrial grade concrete, pavement ent ith superimposed curbs and concrete driveway approaches. Also included are required storm drain f,aci,° i.tires to serve the immediate areas east and west of the levee of the Clear Fork of the Trinity fiver. 'DATE OMMENCE SOSJECTt PAGE NUMBER Benefit Hearing-West Peter Smith 2,119/75 G-2623 Street Improvements of -2-.- Improvements at the Frisco Railroad crossings will include adjustment of the grade of the spur track, installation of a 64-foot full depth timber crossing over, the main and spur track and installation of automati,c grade crossing protection devices. Enhancement of AbuttL111_Pruerties,, Adjacent to this section of West Peter Smith Street are several unusual canditions as related to assessment cost to adjacent benefitted property,* the zoning and use of properties is mixed, plus the grade differential of the proposed street relative to the adjacent property. Consequently, an independent land appraiser was retained to appraise tile adjacent proper- ties as to enhancement resuIting from the proposed street improvement. The appraiser, Mr. Ross E., Jones, has submitted hiss report, resulting in en- hancement to the three affected properties as follows: Own.e r an,d Appraisers Proposed Le&AL De qL.r- on Est. Enhancement Assessment Holida„ Linc.,oln Mecury, Inc., $3,225.00 $3,123.75 Lot I-A, Blk. 15, Crawford Addn. Albert J. Hopkins Co. $3,225.00 $3,123.75 Lot B, Bl.k. 30, Edwards 1ieirs Ford 1,,easing developing Co., $4,515.00 $3,57'5.71 Lot 1, Blk,,, 11-R, Edvards Heirs RECOMENDATION Based on the independeat appraiser's findings and, the Proposed assessments in accordance with standard it pcolicy, it is recommended that an ordinance 'be adopted, closing the hearing and levying the assessments as proposed. RNL-0 m fat tac1taient SUBMITTED BY: APR ot­1fi4ER (DESCRIBE) —A .. 1 _�/ p-­--­-­­­ /Z COTY SECRETARY X011 DATE CITY MANAGER J eu, '201 . .....