HomeMy WebLinkAboutOrdinance 7536 ORDINANCE NO, "7 5. 3
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF-._ WARNER ROAD
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: WARNER ROAD From Ward Parkway to 45' south, known and designated
as Project No. 104-24000-263, Unit 1, a five-inch
thick hot-mix asphaltic concrete pavement on a six-
inch thick crushed stone base with seven-inch high
concrete curb and eighteen-inch wide concrete gutter
on a twenty-eight foot roadway ending in an eighty-
foot cul-de-sac. Six-inch thick concrete driveways
will be constructed where specified.
UNIT 2: STANLEY AVENUE From 400' south of Glenco Terrece. to 600' south,
known and designated as Project No. 104-24000-263,
Unit 2, a five-inch thick hot-mix asphaltic concrete
pavement on a five-inch thick lime stabilized subgrade
with seven-inch high concrete curb and eighteen-inch
wide concrete gutter on a thirty-foot roadway, ending
in an eighty-foot cul-de-sac.
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 it H-his Company
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-1-9.th.Lday of. _Apri'l-,
19_ 77 9:30 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 Cit y 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:
No \N' 'I'llEREFORE:
BE IT ORDAINED BY THE CITY COtTNCIL OF THE CITY OF FORT WORTH,
TEXAS, THAT:
I.
Said hearing be, and the same is hereby,v 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.
Tl i e City v Council, i'vom the evidence, finds 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 property, and that such assessments and charges are right and proper and are
substantially in proportion to the I)enefits 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
hetween the respective ownei-, 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 1).v this ordinance, and further finds that the apportion-
nient of the cost of the improvements is in accordance with the law in force in this City, and the proceedings of
the CRY heretofore had with reference to said improve,,nwnh, and is in all respects valid and regular.
There shall I)e, and is hereby.v. levied and assessed against the parcels of property herein below mentioned,
and against the real and true owner s thereof (whether such owners be correctly named herein or not) the sums of
money itemized below opposite the description of the respective parcels of 'pi-opert.v and the several amounts
assessed against the sarne, and the owners thereof. as far as such owners are known, being as follows:
ti
IV.
Where more than one pet-son, 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�f' ) 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 &gainst 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 beat- 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 pa'vable at the maturity thereof, so that upon the
completion kind 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 authorized Director of Public Works the City of Fort Worth retains the right to
authorize payment of tile SLIMS aSSesed against abutting property v upon such completed and accepted unit in not
more than forty-eight (48) equal regular monthly installments of not less than $9.00 each, the first of such
installments to become due and payable not more than thirty v (30) days after the completion and acceptance by
the Cit'v of the particular unit. PROVIDED FURTHER, that the City v Attorne'y 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 'k'ork,; has previously determined that an extreme financial hardship upon the property owner will
otherwise result; and PROVIDED FURTHER, that such method of payments vnients shall be authorized only v 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 Cite 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 pl'Opeft,V.
If default shall be made in the payment of any assessment, collection thereof shall be enforced either by
the sale of the property by the Assessoi• and Collector of 'Pales of said City as near as possil) e in the same man-
ner provided for the sale of property for the non-pii.yment of aid valorem tapes, or at the option of the City of
Fort Worth, or its assians, p,lynient 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.
VII.
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 ha,%wY in force in the City.
VIII.
Although the aforementioned chat gees 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 may hereafter be allowed by the City Council as a credit
against the respective assessments.
I ,
For the purpose of evidencing- the several sums 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 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 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 irnpi�essed therr,on, mid. shall be payable to the City of Fort Worth,
or its assigns, and shall declare the said amounts, time a�r�rd terrTrS of paayment, rate of interest, and the date of
tlae completion and acceptance of the improvements abutting upon aaach property for which the certificate is
issued, and shall contain the name of the owner or ownors, if hnc %ar, description of the property by lot and block
number, or front feet thereon, or such other desciptuon aar�; may other ww�ise identify the same; and if the said
property shall be owned by an estate, then the description of same as ,�o owned shall be sufficient and no error or
mistake in describing any property, or in giving the name of the owner, shall invalidate or in anywise impair
such certificate, to the assessments levied.
The certificates shall provide subst,�:antiaally that if same shall not be paid promptly upon maturity, then
they shall be collectable, with reasonable attorney's fees and cost;, of collection, if incurred, and shall provide
substantially that the amounts evidenced thereby shall he foetid to the Assessor and Collector of Taxes of the
City of Fort Worth, Texas, who shall issue his receipt therefor, which shall be evidence of such payment on any
demand for the same, and the Assessor and Collector of shall deposit the sums so received by him forth-
with with the City Treasurer to be kept and held 'L)y him in n separate funiA, and when any payment shall be
made in the City the Assessor and Collector of Tase, upon such (�a,rQtificate shall, upon presentation to him of
the certificate by the holder thereof errdor.~(, said payment thereof if such cortifrcate be assigned then the holder
thereof shall be entitled to receive from the Pity TI'eaUSua,or, the arru1,>aaart paid upon the presentation to him of
such certificate so endorsed and credited; and such endor,,oine nt aond coedit shall lie the Treasurer's Warrant for
making such payment. Such payments by the 1'r a'ar.sr.ra'er AMU he reco pted for the holder of such certificate in
writing and by surrender thereof when th(,: principal, twr(AhOF ro°ith aWCI'ued interest and all costs of collection.
and reasonable attorney's fees, if incurred. have hot:,rl taaaid in full.
Said certificates shall further recite SUb.-atanti ally thaat the with reference to making the
improvements have been regularly had in compliance with the poop, aaraal that rill to the fixing of the
assessment lien against the property described in such a w:0 if=.cate and tho persr�rrai liabilitia° of the owners thereof
have been performed, and such recitals shall lie print a facit, ovi(lonco of:all than matters recited in such certificates,
and no further proof thereof shall be required in any cour°t..
Said certificates may have coupons attached f hel'el. o In w,ic6ence of v ach or any of the several installments
thereof, or may have coupons for, vach of t.lre first four imsfzalGaaaew,s, leaving the main certificate to serve for the
fifth installment, which coupons may be p•ayaIAbie to the City of tort Wor,th, or its assigns may be signed with the
facsimile signatures of the Mayor and City ",ecretary.
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- -77
-_-9day of______!0_P. -1962.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
PROJECT NO, 104-24000-263, UNIT 1: WARNER ROAD FROM WARD PARKWAY To 450' SOUTH, to be
improved by constructing a five-inch thick hot-mix asphaltic concrete pavement on a six-
inch thick crushed stone base with seven-inch high concrete curb and eighteen-inch wide
concrete gutter on a twenty-eight foot roadway ending in an eighty-foot cul-de-sac. Six
inch thick concrete driveways will be constructed where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
WEST SIDE BERKLEY ADDITION
Charles E. Jackson 10 18 104' Adjusted to: (existing facilities)
2001 Ward Parkway & 11 Res. 60' Pavement $3.43 $205.80
76110 60' Curb & gutter 5.07 304. 20 $510.00
Robert E. Haubold 12 & 18 145.2' Pavement $3.43 $498.04
2414 Warner Road E155113 Tea. 135.2' Curb & gutter 5.07 685.46
76110 140 S.F. Driveway 1. 75 245.00 $1,428.50
Lloyd H. Burns, Jr. 14 18 65' Pavement $3.43 $222.95
2019 Ward Parkway Res. 65' Curb & gutter 5.07 329.55
76110 107 S.F. Driveway 1.75 187.25 $739.75
Lloyd H. Burns, Jr. 15-R 18 75' Pavement $3.43 $257.25
2019 Ward Parkway Rea, 751 Curb & gutter 5.07 380.25 $637.50
76110
Charles T. Pearce 16-R 18 40.7' Pavement $3.43 $139.60
2201 Lipscomb Res. 40.7' Curb & gutter 5.07 206.35
76110 85 SJ, Driveway 1.75 148.75 $494.70
EAST SIDE
Charles T. Pearce 12-R 13 140.21 Adjusted to: (floodway easement)
2201 Lipscomb Res. 110.2' Pavement $3,43 $377. 99
76110 110. 2' Curb & gutter 5.07 558. 71
85 S.F. Driveway 1. 75 148.75 $1,085.45
PROJECT NO. 104-24000-263, UNIT 1: WARNER ROAD, Continued
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
EAST SIDE BERKLEY ADDITION
Charles T. Pearce 10-R 13 120.4' Adjusted to: (floodway easement)
2201 Lipscomb Res. 75.4' Pavement $3.43 $258.62
76110 65.4' Curb & gutter 5.07 331.58 $590.20
Charles T. Pearce 9 13 60.2' Pavement $3.43 $206.49
2201 Lipscomb Res. 60.2' Curb & gutter 5.07 305.21 $511.70
76110
Donald S. & Lyn Willis 8 13 120.2' Adjusted to: (existing facilities)
2405 Warner Road & 7 :i—es. 60.2' Pavement $3.43 $206.49
76110 60.2' Curb & gutter 5.07 305.21 $511.70
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) . . . . . .. . .. . ... . .$ 6,509.50
TOTAL COST TO CITY OF FORT WORTH. .. . .. .. .. .. . . . . .. . . . . ... ..$28,498.36
TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . .. . . .. .. . . . .. . . . ...$35,007.86
PROJECr NO. 104-24000-263, UNIT 2: STANLEY AVENUE, FROM 4001 SOUTH OF GLENCO TERRACE TO
600' SOUTH, to be improved by constructing a five-inch thick hot-mix asphaltic concrete
pavement on a five-inch thick lime stabilized subgrade with seven-inch high concrete curb
and eighteen-inch wide concrete gutter on a thirty-foot roadway ending in an eighty-foot
cul-de-sac.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
WTST S IDE iERKLEY ADDITION
A.H. Hoera 19 13 120' Pavement $3.66 $439.20
2326 Stanley & 20 Tea. 20' Curb & gutter 4.84 96.80
76110 $536.00
Charles T. Pearce 18-R 13 56.4' Pavement $3.66 $206.42
2201 Lipscomb Rea. 56.4' Curb & gutter 4.84 272.98
76110 $479.40
Charles T. Pearce 16-R 13 68.5' Adjusted to: (drainage easement)
2201 Lipscomb Tea. 58.5' Pavement $3.66 $214.11
76110 48. 5' Curb & gutter 4.84 234.74 $448.85
EAST SIDE BERKLEY ADDITION
Charles T. Pearce 14-R 12 58' Adjusted to: (drainage easement)
2201 Lipscomb Res. 53' Pavement $3.66 $193.98
76110 531 Curb & gutter 4.84 256. 52 $450.50
Charles I. Pearce 12-R 12 66.9' Pavement $3.66 $244.85
2201 Lipscomb Res. 66.9' Curb & gutter 4.84 323.80
76110 $568.65
Charles T. Pearce 11 12 60' Pavement $3.66 $219.60
2201 Lipscomb Tea. 60' Curb & Gutter 4.84 290.40
76110 $510,00
John C. Murphy 10 12 60' Pavement $3.66 $219.60
2319 Stanley Rea. 60' Curb & gutter 4.84 290.40
$510.00
PROJECT NO. 104-24000-263 UNIT 2: STANLEY AVENUE, Continued
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) . . .. . . .. . . .$ 3,503-40
TOTAL COST TO CITY OF FORT WORTH. .. .. . .. . .. .. . .. . . . .. .$14,669.92
TOTAL ESTIMATED CONSTRUCTION COST.. . . . .. . . .. . . ... . .. . .$18,173.32
BOTH UNITS: "TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) . . . ... .. .. ..$101012.90
TOTAL COST TO CITY OF FORT WORTH (STREETS). . . . .. . . . . . .$31,587.04
TOTAL COST TO CITY OF FORT WORTH (STORM DRAIN) ... ... . .$11,581.24
TOTAL ESTIMATED CONSTRUCTION COST... . . .. . .. . . . . . .... . . .$53,181.18
City of Fort Worth, Texas
UAW,
Mayor and Council Communication
DATE SUBACT: Benefli-Hehing--"Assessment F%GE
' 4119/77 =00 PaQzg of Warner Road and Stan1gy Avenue, I of 1.
C-3403 1976-78 C.I.P. Pa e C 1 and 2
On March 21, 1977, a construction contract was awarded to Texas Bitulithic
Company for the improvement of Warner Road and Stanley Avenue, Project No.
104-24000-263, and April 19, 1.977 was set as the date for the Benefit Hearing.
Adjacent property owners were n6fified of the hear; n certified mail.
EL J DtLr )LIpa
Street R.O.W.
uIri t Street limits Width-Ft. fit bn-Ft.
1. Warner Rd. Ward Parkway to 4501 South 28 60
11. Stanley Ave. 4001 South of Glenco Terrace to
600' South of Glenco Terrace 30 60
—0 te:_t
Warner Road was initially begun by a paving petition in September 1975. However,
on December 13, 1976, Community Facilities Contract No. 9072 was approved by
HIC C-3614, with Charles T. Pearce and included both of the above streets.
The above portions of Warner Road and Stauley Avenue will be improved with
residential grade hot"mix act baltic concrete pavement with concrete curb,
-gutter and driveway approaches. Also included are required drainage facilities
and appurtenances.
InhanqAm n t of ' huqi EU ol tLt
Based on previous appraisals of like property, the improved access afforded
by the new street and improved drainage facilities in the area, it is the
opinion of the Public Works Department that each parcel of abutting property'
is benefited in an anoupt equal to or in excess of the amount recommended for
assessment.
Recommmuendattion
It is recontmended that an ordinance be adopted closing the Benefit Hearing and
levying the assessments as proposed.
GG:sm
Attachment
SUBMIT= BY: DISPOSIT
IO P0PY
O0V0UNCI PROCESSED ay
AREV
Ll OTHER (►ESCRISE) f-A "
Cd(Mt q5L Ord m It seclevoy
WATE
CITY MANAGER 19h:I I
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