HomeMy WebLinkAboutOrdinance 7142 -2
ORDINANCE NO. 1
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION i 11i'lVL41
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:
LJNIT is LANEWOOD DRIVE From t,he south propertly 1-1.de of Lot 14, Block,
A,. Cooke's blearlow Addition to the riorth prop-
erty Ii,ne of Lot. 40, L'Aock B, Cooke's Meadow
Addi.t-j.on, Irmo nn -and designated as Project No.
)04-3600C)-3G, 1,:, Unit 1, a five-inch thick� hot,_
rm,lx asi.0"ialtic pavie,�-�'ient on a six-incl"l
thic,k lime stablIA.Zed sru'Egrade with severiJ ric C"t
Tflgh concrete curb ant"I cork-
crete guti�c'�r or� Fi �-hirty fi� o, roat,"Iway.
fJ1nI'1' 2- VA1,1ESSA DRTVE Frmru J..55' west of morrima Driv4,,.w Lo Morrison
Drive, Incoprk and designated as Project: No. 104-
36r),00-361 , Unft 7, a five-inch tliic . h 'iix
aspl.ialtic concrete pavei',rwnt on a six-inch thiol�
Iiine stabilAzed w.fl,->grade with seven-:Lricli Nv[gln
conc,rete curb and c4g1nteaninclh, wilde concrete
SutLer on a fLA'r; rLy f(x)t roadway.
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 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 3rd day of L'I !,;�Lh ,
19 75 9:30 A• �4• , 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 nuuttec, is of the opinion that the said hearing should he closed and assessments
should he made and levied as herein ordered:
NOW THEREFORE:
DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, THAT:
%. .
Said hearing |`e. and the yunoe is herehy. closed and the said protest and objectimoa, and any and all other
|xntevtu and o|�c,booe, whether, herein enumernted or' or not. be and the vurne are hereby. overruled.
IL
The UL? [ounci|, from the evidence. finds that the uuyeuameoto herein levied should be made and levied
against the respective \xxrcu|s of property u5utbng upon the said |x/diuus of streets, avenues and public
and against the owners ufaudh pmVerty. uod that Such assessments and charges are right and proper and are
aubstmnKx|k/ in proportion to the |enebtmtuthe respective pu/ze|w of property by ooeuou of the improvements
in the unit hx' which such assessments are |evied, and establish su|mtxnbuJ juutice and equality and uniformity
between the respective owners of the respective |xnpe 'bea, and between all parties conrerued, considering the
benefits received and |`u/xlexs hnDnued, and further finds that in each case the uhotdo.0- property uoaeuoed is
specially benefited in enhanced value to the said V/nVeri� by means of the said improvements in the unit upon
which the |mdicu|u/ property abuts and [or which assessment
is levied and charge rnude, in amuno in ex,eouof
the said assessment and charge nxx\e a-ainst the axnue h! this ordinance, and further finds that the apportion-
ment of the cost of the improvements is in ucu/odxnce with the law in force in this City, and the ingo of
the 8t/ he/,ebohui-* had with reference to said impmrementa, and is in all respects vu)N and regular.
Ill.
There vhxU ive, and is he/r}Y/, levied and xuye*aed against the pu/re|a of VnuDe, herein hei-ein below ooentioo*d,
and against the /em\ and b'o* onuer^ thereof (whether such owners he correcd' named herein or not) the sums of
muney itemized ia/ov opposite the description of the respective parcels of \xnperty and the several unx)uots
xmaeoned xKuinpt the ^ooue, and the onuer* dhercof, as far as such owner',,, are known, boioo, as follows:
` . .
IV.
Where more than one person, fit m or r bo interest in art 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 muruo above mentioned and assessed against the said parcels of property, and the owners
tbereof, and interest thereon at the t of six per cent (8��) per annum, together ith 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 xaaeuoed against the abutting property and the owners thereof shall be and become due and
payable as follows, to wit' in five (D) equal installments, due respectively on or before thirty (80) d (l)
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 beat, interest from said date at the rate of six per cent (61� ) per annum, payable annually with each install-
ment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the
completion and acceptance of the improvements in a pal'tiCUlar 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 accelAance. Provided, bowever, 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 attorne'y's fees and cost of collection, if incurred, PROVIDED, however,
that acting through its dUl'N' 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 thirt'v (30) days after the completion and acceptance by
the City of the particular unit. PROVIDED FURTHER, that the Cit*v Attorne'y is hereby empowered to authorize
payments of said sums of lesser installments and/or over a lon.ger period of time in cases in which the Director
of Public 1Xorks has previous]'v determined that an extreme financial hardship upon the property owner will
otherwise result; and PROVIDED f/OD7[fIEll, that such method oƒ payments shall he authorized only io instances
where the owner orowners of property abutting upon Such completed and accepted unit shall have executed and
delivered to the City of Fort Worth u \u*ful, rulid and binding note and mechanic's and nnmteda|nouo'o contract
upon forms supplied by the Cit ting u mechanic's lien upon and conveying the said abutting property in
trust to secure the payment by nuid owner or owners according to the terms thereof of the aunua assessed against
such property.
If default ohuU he noo6e in the payment otun7 aamemanoeoi, collection thereof shall be enforced either by
the as|e of the p/npert! by the /\uoeuuur and Collector ofIu�ee of said 0t7 as neurus possible in the aunoe man-
net- provided for the sale of property for the nuo-po>�ueoL of ad ru|o'emn taxeo, oi' at the option of the City of
Fort Worth, or its uoaiguu, puYnneot of said auroo ohuU |*aenforced by ouit in any cnurt of competent jurisdic`
dou' or as provided in any mechanic's or noatedu|mun'n contract as utoeauid' and said City nhuU exercise all of
its lawful powers to aid in the enforcement and collection of said assessments.
II.
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 arid permitted by the law in force in the City.
VIII.
Although the aforementioned charges have been fixed, levied, and assessed in th,e respective amounts
hereinabove stated, the City Council does hereby reserve unto it self 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 may hereafter be allowed by the City Council as a credit
against the respective assessments.
I .
For the purpose of evidencing the several,sum, assessed against the respective parcels of abutting prop-
erty and the owners thereof, and the time and terms of payment, and to aid in the enforcement and collection
thereof, assignable certificates in tlae 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 improvement as the work in such unit is completed and
accepted, which certificates shall be executed by the mayor in the name of the City and attested by the City
Secretary, with the corporate seal of the City impressed thereon, nml sfaall be payable to the City of Fort Worth,
or its assigns, and shall declare the said amounts,, time and terra, of l"rauyment, rate of interest, and the date of
the completion and acceptance of the irnprovy,ments abutting upon such property for which the certificate is
issued, and shall contain the name of the o)r,,ner or owners, if ]cru rr, description of the property by lot and block
number, or front feet thereon, or such offi er dewac:iptia_an as ma'v otlrc r wise identify the same; and if the said
property shall be owned by an estate, their the description of �s,anrax AS so okvned sdmll be sufficient and no error or
mistake in describing any property, or in giving the name of then owner, shall invalid,,tte or in anywise impair
such certificate, to the assessments levied.
The certificates shall provide substantially that if rynie ;liall not be paid promptly upon maturity, then
they shall be collectable, with reasonr�al;le r�attor ney's fauns, nand cor,f , of collection, if incurred, and shall provide
substantially that the amounts evidenced theroby shall be p oid to the sassssor and Collector of Taxes of the
City of Fort Worth, Texas, who shall issue his receipt thorefor, wlyich shall he evidence of such payment on any
demand for the same, and the assessor rand C(Olector of Taxes shall deposit the sums so received by him forth-
with with the City Treasurer to be kept and held by him iry aa, fund, and when any payment shall be
made in the City the Assessor and Collector of Taxes upon such certiheato swlaall, upon presentation to him of
the certificate by tire holder thereof endorse said pra,v nien..t thereof, If suych sae tiQicate be assigned then the holder
thereof shall be entitled to receive from the Cit'v Treasurer thc• armourIt pasid upon the presentation to him of
such certificate so endorsed and credited; and such r lidorsoy naarrt and r r odic shall lye the Treasurer's Warrant for
making such payment. Such payments by the °l1VaSU1(,1' slrryll lion ieceiplocl for thins holder of such certificate in
writing and by surrender thereof when the principal, tar,etlier N'Vith a °:rued interest and all costs of collection
and reasonable attorney's fees, if incurred, mve IN-en p;ayid in fuJI,
Said certificates shall further recite suhstantlally that than proccra;(hnr ,s, with reference to making the
improvements have been regularly had in compliance wi1:Py tlw lao.er and t heat call prerequisites to the fixing of the
assessment lien against the property desevihed in syrr°la cer litit'yd„e and tltt� per°a,a5na1 liability of the owners thereof
have been performed, and such recitals shall be prinlaa fack- ovidence of;dl than recited in such certificates,
and no further proof thereof shall he required in any CoUrt
Said certificates may have coupons aat9aehed tlwi'.,to irN evidram,t, of each or any cyf the several installments
thereof, or may have coupons for vn-,4_Al of than Zia st four in,;hdiya enls„ leai,in . the main certificate to serve for the
fifth installment, which coupons may be pa'va.ble to than ('itty of Forl Worth, o it., �a ssit;��rrs may be signed with the
facsimile signatures of the Mayor and City Secretary.
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.
Xiii.
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&_ta.�__day of M 19 Is.Y-Sl-
APPROVED AS TO FORM AND LEGALITY:
City Attorney
PROJECT NO, 104-36000-361, UNIT 1, TANEWOOD DRIVE FROM SOUTH PROPERTY UNE OF LOT 14, BLOC
A, COOKE'S MEADOW ADDITION TO NORTH PROPERTY LINE OF LOT 40, BLOCK B. COOKE'S MEADOW ADDI-
TION, to be improved by constructing a five-inch thick hot-mix asphaltic concrete pavement
on a six-inch lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch
wide concrete gutter on a thirty foot roadway,,
BLOCK
OWNER LOT ZONING FRONTAGE, RATE, AMOUNT ASSESSMENT
WEST SIDE D, H175ON SURVEY
Jimmy A. Robards, et ux Tract 4-B 460' Pavement $5,85 $2,691,00
1958 Lanewood Drive Res, 460' Curb &. Gutter 2.65 1,219,00
Ft. Worth, Texas
76112 $3,910.00
EAST SIDE COOKE 'S MEADOW ADDITION
Cooke's Meadow 40 B 94' Pavement $5.85 $ 549.90
Development Co,, , Inc. Res, 94' Curb & Gutter 2,65 249A0
c/o J,H, Williams
6200 N. Central Expressway $ 799,00
Dallas, Texas 75206
Cooke's Meadow 39 B 94' Pavement $5.85 $ 549090
Development Co, , Inc, Res, 94" Curb & Gutter 2,65 24910
c/o J. H, Williams
6200 N, Central Expressway $ 799.00
Dallas, Texas 75206
Cooke's Meadow 38 B 105' Pavemnt. $5W85 $ 614.25
Development Co. , Inc, Res, 105' Curb & Cutter 2,65 278.25
c/o J. H. Williams
6200 N. Central Expressway $ 892.50
Dallas, Texas 75206
PROJECT NO, 104-36000-361, UNIT 1, LANEWOOD DRIVE, Continued:
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
EAST SIDE COOKE'S MEADOW ADDITION
Carriage Lane intersects
Cooke's Meadow 14 A 117' Pavement $5e85 $684,45
Development Co. , Inc. Res, 117' Curb & Gutter 2.65 310.05
c/o J. H. Williams
6200 N. Central Expressway $994.50
Dallas, Texas 75206
TOTAL COST TO PROPERTY OWNERS (UNIT 1). $ 7,395.00
TOTAL COST TO CITY OF FORT WORTH (UNIT 1). . . . . . $ 2,621.57
TOTAL ESTIMATED CONSTRUCTION COST (UNIr 1) . . . . a $10,016.57
PROJECT NO. 104-36000-361, UNIT 2, VANESSA DRIVE FROM 155' WEST OF MORRISON DRIVE TO
MORRISON DRIVE, to be improved by constructing a five-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 concrete gutter on a thirty foot roadway.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NORTH SIDE BURTON PLACE ADDITION
Beginning at a point 155' west of Morrison Drive
Harold E. Kurtz, Jr. 38 155' Pavement $5.85 $906.75
1605 Clover Lane Res. 155' Curb & Gutter 2.65 410x75
Fort Worth, Texas 76107 $1,317.50
Morrison Drive intersects
SOUTH SIDE COOKE'S MEADOW ADDITION
Cooke's Meadow I B 155' Pavement $5,85 $906.75
Development Co. , Inc. Res, 155' Curb & Gutter 2.65 410,75
c/o J. H. Williams
6200 N. Central Expressway $1,317.50
Dallas, Texas 75206
UNIT 2:
TOTAL COST TO PROPERTY OWNERS. . . . . . . p a $2,635.00
TOTAL COST TO CITY OF FORT WORTH, $1,139.77
TOTAL ESTIMATED CONSTRUCTION COST, $3,774.77
TOTAL BOTH UNITS :
COST TO PROPERTY OWNERS. . . . . . . . $10,030.00
COST TO CITY OF FORT WORTH. . . . . . $ 3,761.34
ESTIMATED CONSTRUCTION COST. . . . . . $13,791.34
City of For Worth, Texas
Mayor and Council Communication
DIE AEfERENCE SURJEar: Benefit Hearin As:7:9men PAGE
UMBER a '0 Me�tow 1
-3/3/75 G-2633 Paving at 2 Locations fn ok I of
February 3, 1975, a contract was awarded for the assessment paving at 2
-A.ocations in Cooke's Meadow Addition, Project No. 104-36000-361, and
March 3, 1975, was set as the date for the Benefit Hearing QQ C-3012) .
fro 1t,Rescription
Roadway R.O.W.
Unit— Street Ldinits Width-Ft. Width-Ft.
1 Lanewood Drive South P/L of Lot 14, 30 50
Blk A, Cooke's Meadow
Addition to 4601 North
2 Vanessa Drive 155' West of Morrison 30 50
Drive to Morrison Dr.
initiation_of
Pro ec
pro 1p t
Unit 2 was initiated by Community Facilities Contract No. 8066, Cooke's
Meadow Addition, Section One, as a border street to the development
(M IC C-2965, November 1. , 1974) .
On February 3, 1975 (M&C 0-3012) the Community Facilities Contract for
Cooke's Meadow Addition Unit I was amended to include the improvement of
Lanewood Drive as a border street.
QRKovemen&E
The above streets will be improved with residential grade hot-mix asphaltic
concrete pavement with concrete curb and gutter and required drainage
appurtenances.
Enhancement of AbuttinM
_1LyZee
Z
It is the opinion of the Public Works Department that each parcel of abutting
property is benefited in an amount equal to or in excess of the amount recom-
mended for assessment.
Recommendation
It is recommended that an ordinance be adopted closing the Benefit Rearing
and levying the assessments as proposed for Unit 1, Lanewood Drive and
Sit 2, Vahessa Drive.
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SUBMITTED BY: WSPOSIT Y COUNCIL: PROCESSED BY
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