HomeMy WebLinkAboutOrdinance 7637 ORDINANCE NO. 7 & 3 7
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF. NORTH BEACH 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:
NORTH BEACH STREET, UNIT 1: From St. Louis & S.W.Railroad to I.H. 820, known and
designated as Project No. 104-36000-444, Unit 1, a
seven-inch thick reinforced concrete pavement on a
six-inch thick lime stabilized subgrade with seven-
inch high superimposed concrete curb on a thirty-six
foot traffic lane. Seven-inch thick concrete approaches
and turn-lanes 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
nd
Specifications therefor: and contract has been made and entered into with J. L. BERTRAWCONSTRUCTION
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 heating was given and said
hearing was had and held at the time and place fixed therefor, to-wit, on the4th day of October
19 77 7:30 P.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
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 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 "' 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 kind objections, whether herein enumerated or or not, be and the same are hereby, overruled.
H.
The City v ('0111161, from the evidence, finds that the assessments herein levied should be made and levied
against the respective parcels of pl-Opel't,V 11)Uttillg L11)011 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 benefits to the respective parcels of property by meiins of the improvements
in the unit for which such assessments kire levied, kind establish substantial justice' kind equality and uniformity v
between the respective owners of the respective properties, and between kill parties concerned, considering the
benefits received kind burdens imposed, kind further finds that in each case the abutting property assessed is
spe•iall.\ benefited in enhanced value to the said property v 1>y v means of the said improvements in the unit upon
which the particular property abuts kind fur 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-
nient 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 improv,,,nionts. and is in all respects valid and regular.
III.
There shall he, kind is hereby, levied and assessed against the parcels of property herein below mentioned,
and against the real and true owners thereof (whether such owners he correctly v named herein or not) the sums of
money itemized below opposite the description of the respective parcels of property and the several amounts
assessed against the same, and the owners thereof, as f►i- as such owners are known, being as follows:
., ..
I»/'
Where more than h corporation u 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 | sums above mentioned and assessed against the said parcels of property, and the uvoera
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 &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 uaaeayed against the abutting property and the owners thereof shall be and become due and
payable as ƒoUovva, to-wit: in five (D) equal inmta||noeotu' due respectively on or before thirty (30) days, one (l)
two (2). three (3), and four (4) years from the date of completion and acceptance of the improvements in the
respective ouit, and the uaseomroenta against the property abutting upon the remaining units shall be and become
due and pavable in eudh inatuUnoeota 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 (61� ) per uoou/o, payable annually with each install-
ment, except as to the brat ioatoUrneut, which ahu|\ he due and px>mh|e at the maturity the/'eof, so that upon the
completion and acceptance of the improvements in a particular unit, uoaeuonnents against the property abutting
upon such completed and accepted unit whuU be and become due and payable in such inatul|ruento, and with
interest from the date of such completion and ncco|Auoce. ProrNed, ho*ever, that any owner shall have the
right to pay the entire aaaeuproent, or any installment thereof, before maturity by payment of principal and
accrued interest, and provided further that if default ahuU he made in the pa ment of principal or interest
promptly as the same matures, then the entire amount of the assessment upon which such default i sd shall,
at the option of said City of Fort Worth, or its assigns, be and become inimediatelY due and pa.vable, and shall be
collectable, together with reasonable attorne'v's fees aild cost of collection, if illUlrred, PROVIDED, however,
that acting thl'0LI.()'h its duly authorized Director of Public Worlis the City of Foi-t Worth retains the right to
authorize payment of the sums assesed against abutting property LIJ)011 such completed and accepted unit in not
more than forty-eight (48) eqUal FegUlal' month]%, installments of not less than $9.00 each, the first of such
installments to i)ecome due and paNable not more tkan thirt\, (30) days after the completion and acceptance by
the Cit'v of the particular unit. PR6VIDED FU,RTHER, that' the Cit'v ;Nttorne'v is hereby empowered to authorize
payments Of Said SLIMS of lesser installments and/or o�-er a longer period of time in cases In which the Director
of Public Works has previouslY determined that an extreme financial hardship upon the property owner will
otherwise result; and PROVIDED FURTHER. that such inethod of pa'vnients shall be authorized only in instances
where the owner or owners of propert'y al)uttin-()- upon such completed and accepted unit shall have executed and
delivered to the City of Fort Worth A lawful, valid and bindinl- note and Mechanic's and materialman's contract
upon forms supplied by the City granting a mechaniCS lien upon and conveying file said 1AIRItting property in
trust to secure the pax ment hx- said owner or owners according to t lie terms thereof of the sums assessed against
such propertY,
VL
If default shall he made in the Dx!ment of' any xeyeyso�enL collection thereof vhxU be enforced either by
the au\e of the pmper�' lY/ the '�sseeso/� and CoUectur nfTu�e* of said Cii! as near as possible in the aurne nnun-
nerpnovided for t|�eax\eof pnoyerh/ for the 000'}m)n�ent of ad ru|onero Lxxes. or at the option of the City of
Fort Worth, or its ummigna, pu}ment of said sonou o|uU he enforced h! uui( in anY court of competent judodic-
txon. or as provided in any mechanic's or mxterix\mun'v contract as uƒoresuN, and said Cit! shall ezercioeuUof
its lawful powers to aid in the enforcement and collection of said assessments.
The total amount assessed against the respective parcels of abutting I)rq)erty, and the owners thereof, is
in accordance with the proceedings of the City relating to slid impnwements and assessments thereof, and is
less than the proportion of the cost allowed and permitted by the law in force in the City.
Vill.
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, WE be fixed and determined by deducting from the amount of any assessment
hereinabove levied such amount or amounts, f any, as may hereafter be allowed by the City Council as a credit
against the respective assessments.
For the purpose of evidencing the seveial.sunis assessed against the respective parcels of abutting prop-
erty rind 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 FWI "Awth, Texas, upon completion and accept-
ance by the City of the irnprovenients in each unit of improvement as the work in such unit is completed and
accepted, which certificates shall he executed by the nHqnr in the name or the City send attested by the City
Secretary, with the corporate seal of the City impressed thereon, and sh;dl he lmywbfe to the (Sty of Fort Worth,
or Is assigns, and shall decWre the said amounts, time and teror, of payriumt, rate of interest, rind the date of
the completion and acceptance of the improvements Witting 1"M Such property for mANT the certificate is
issued, and shall contain the name of the owner or owners, K knnwnAkmiAtAAn of the property by lot and block
number, or front feet thereon, or such other desuiption as may Wher\Osc identify the same; and if the said
property shall be owned by an estate, then the description of same as so owned shall be sufficient and no error or
-mistake in describing any property, or in giving the name of tho owner, shall invalidate oil in anywise impair
such certificate, to the assessments levied.
The certiticates shall provide sulwUnitkily that if saner shall not he Imid pnmipto upon maturity, then
they shah he Ndlectable, with reasonable Atorney's fees and (MAS of CIl PHiOn. if inCLU'lVd, and shall provide
substantially that the amounts evidenced thereby shall be !mAl to W Assessor arid Collector of Taxes of the
City of Fort Worth, Texas, who shall issue his receipt themAw, which shall he evidence of such payment on any
demand for the same. and the Assessor and Ccdlpctoi� of Taxes shall deposit the sums so received by him forth-
with with the City Treasurer to be kept rind held by him in a separate fiind, arid when any payment shall be
made in the City the Assessor and Collector of Axes uj)on such ceriilicite shall, upon presentation to him of
the certificate by the holden• thereof endorse said prvinent It such (c)-ti6cate be. assigned then the holder
thereof shall be entitled to receive from the City Trmsuivv the ;mhuinj paid upon the presentation to him of
such certificate so endorsed and credited ; and such ciulorsvrin nt aNI nwWt shall be the Treasurer's Warrant for
making such payment. Such payments hy the Treasurer shall Q rucculed For file holder of such certificate in
writing and by su-i•vender thereof when the principal, togAhur 10[h otwinRhl inn pmst and all costs of collection
rind reasonahle attorney"s fees, if Arcui•i• d, have been p0d in full.
Said certiticates shall further recite substantially that thc, proceedings with reference to making the
improvements have been regularly had in compliance with the W. apd that all pniYqWsJtn to the Axing of the
assessment Hen against the property described in such cer!ificatc, ;m(l I iie pei son;)l liability of the owners thereof
have been performed, and such recitals shall be prima fm ie evidence, 1! t I e niatt I evs recited in such certificates.
and no further proof thlyetd shrill he required in any vouil,
Said certiAcrites may We coumns attached thereto in evidence of each )r ally of tire several installments
thereof, or may have coupons for each of Me first four installments, leaving, the main certificate to serve for the
fifth installment. which coqwns may he paymWe to the Cite or Foil Worth, or is assigns may he signed with the
facsimile signatures of the Alaym- 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 io the enforcement and collection thereof, and may contain recitals aob-
mtuutbalbr in accordance with the above and other additional recitals pertinent or appropriate thmreof, and it
shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof mbu]\ be
sufficient. The fact that such inuDrovmrueota may be omitted oo any portion o{ any ofsaid units adjacent toany
premises exempt from the lien of such assessments shall not in anywise invalidate, affect or impair the lien of
such uoamaaruenta upon other Dxezuioeo.
X.
f/uD power to make and levy reassessments and bo correct odotobeo' errors, iovulid(tieo or irregularities,
either in the assessments or in the certificates issued in evidence thereof, is, in accordance with the low in force
io this City, vested iu the City.
XD.
All uaoeaezoenta levied are a yeruoou| 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.
X8i.
The auuoaanueotm so levied are for the improvements in the particular unit upon which the property
described ubnta` and the uuamaeruentm for the improvements in any unit are in nowise affected by the improve-
ments or assessments in any other unit, and in making umumauouento and in bn}dbnQ said hearing, the amounts
uoaeaoed for improvements in any one unit have been in nowise connected with the iruDrovmouaoto or the assess-
ments therefor in any other unit.
XXiX.
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 100
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 part oƒ the Charter of the City of Fort Worth, Texas.
XDv.
The City Secretary is hereby directed to o uu and enroll this ordinance bycopying the caption otsame
in the Minute Book of the City Council of Fort Worth, Texas, and by filing the complete Ordinance in the appro-
priate Ordinance Records u{said City.
XV.
This ordinance ahxi) take effect and be in full force and effect from and after the date of its passage and
itiaaoordained.
/ 177
PASSED AND APPROVED this-, .__-day
APPROVED AS TO Ir0IlM AND LEGALITY:
City Attorney
` . .
'
'
PROJECT NO. 104-36000-444, NORTH BEACH STREET, D0ZI l : FROM ST. LOUIS & S.W. RAILROAD TO
I~D. 820, to be improved by constructing a seven-inch thick reinforced concrete pavement
on a six-inch thick lime stabilized eu6grade with seven-inch high superimposed concrete
curb on a thirty-six foot traffic lane. Seven-inch thick concrete approaches and turn-,
lanes will be constructed where specified,
BLOCK
OWNER LOI ZONING FRONTAGE RATE AMOUNT ASSESSMENT
WEST SIDE A. BEARD SURVEY
Gemini Parkway
American Mfg, Co. Tract l 1033' Pavement S32,71 $33,789.43
of Texas Ind, 1003" Curb 1 .19 1,I93.57
P. O° Box 7037 5678.76 S.F. Approach 1 .45 8,234.20
Lane
3552,88 S.F. Rt, Turn 1 .45 5»151 .68
Lane
4752,88 S.F. Left Iuzo 1 ,45 6*891 ^68
Lane
$55,260.56
Meacham Boulevard intersects DAVID 0DUM SURVEY
American Mfg, Co. Tract 15 2070" Pavement 32.71 67»709^70
of Texas Zod, 2050` Curb 1 -19 2»439.50
P. O. Box 7037 4752,88 S.F. Left-turn 1 .45 6,891 .68
Lane
$77,040.88
Saturn Boulevard
American Mfg, Co. Tract 12-B-2 1595` Adjusted to,., (Drainage Easement)
of Texas Ind, 1545" Pavement $ 32.71 50,536.95
P. O. Box 7037 1525' Curb 1 .19 1 ,814.75
4752.88 S.F. Left-turn 1 .45 6,891 .68
Lane
7788'88 B.F. Rt.-turn 1 ^45 11 ,293.88
Lane
$78,537.26
0mrLberu Cross
Sears Roebuck 6 Co. Tract 12-B 1218` Pavement 32,71 39,579.10
Dept, 568 Zod. 1210' Curb 1 ~19 1 ^439.9O
1000 Bellaire Street 7517.2 S.F. Rt.-Turn 1 ,45 10^899.94
Dallas, IX 75295 Lane $51,918.94
PROJECT NO. 104-36000-444, NORTH BEACH STREET, UNIT 1 : FROM ST. LOUIS & S.W. RAILROAD TO
I.H. 820, Continued.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
J. E. Lott Tracts 12-G & 12-G-1 300' Pavement $32.71 9,813.00
C/o Robert M. Doby, Jr. Ind. 226' Curb 1 ,19 268A4
800 Baker Bldg. $10,081 .94
Fort Worth
UNIT IA; GEMINI PARKWAY
SOUTH SIDE A. BEARD SURVEY
American Mfg. Co. Tract 1 100' Pavement 29.82 2,982,00
of Texas Ind. 100' Curb 1 .19 119.00
P. 0. Box 7037 $ 3,101 .00
NORTH SIDE
American Mfg. Co. Tract 1 100' Pavement 29.82 2,982 00
of Texas Ind. 100' Curb 1 .19 119.00
P. 0. Box 7037 $ 3,101 .00
UNIT 1B: MEACHAM BOULEVARD
SOUTH SIDE D. ODUM SURVEY
American Mfg. Co. Tract 15 100' Pavement 2M2 2,982.00
of Texas Ind. 100' Curb 1 .19 119.00
P. 0. Box 7037 $ 3,101 .00
NORTH SIDE
American Mfg. Co. Tract 15 100' Pavement 29.82 2,982.00
of Texas Ind, 88' Curb 1 .19 104.72
P. 0. Box 7037 $ 2,728.88
PROJECT NO. 104-36000-444, NORTH BEACH STREET, UNIT 1 : FROM ST. LOUIS & S.W. RAILROAD TO
I.H. 820, Continued.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
UNIT IC: SATURN BOULEVARD
SOUTH SIDE
American Mfg. Co. Tract 15 112' Pavement $29,82 3,339.84
of Texas Ind. 112' Curb 1 .19 133 .28
P. 0. Box 7037 $ 3,473.12
NORTH SIDE
American Mfg. Co. Tract 15 112' Pavement 29.82 3,339.84
of Texas Ind. 112' Curb 1 . 19 133.28
P. 0. Box 7037 $ 3,473.12
UNIT 11): NORTHERN CROSS
SOUTH SIDE
American Mfg. Co. Tract 12-14-2 1121 Pavement 29.82 3,339.84
of Texas Ind. 112' Curb 119 133.28
P. 0. Box 7037 $ 3,473.12
NORTH SIDE
Sears Roebuck & Co. Tract 12-H 112' Pavement 29.82 3,339.84
Dept. 568 Ind. 112' Curb 1 .19 133.28
1000 Bellaire Street $ 3,473. 12
Dallas, TX 75295
PROJECT NO. 104-36000-444, NORTH BEACH STREET, UNIT 1: FROM ST. LOUIS & S.W. RAILROAD TO
I.H. 820,, Continued.
TOTAL COST OF PROPERTY OWNERS (ASSESSMENTS) . . . . . . . . . . . . .$ 290,763.94
TOTAL COST TO CITY OF FORT WORTH (STREETS) . . . . . . . . . . . . . .$ 286,235.84
TOTAL COST OF CITY OF FORT WORTH (STORM DRAIN) . . . . . . . . . .$ 171,005.63
TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . . . . . . . . . . . . . . .$ 748,005.41*
*Includes 5.5% Engineering ($38,995.54)
, City of Fort Wort
UNI Council Communication
mureumlm
TE A tZEIN C E SUBJEcM Ben t Hear ing - North Beach M
cl
10/4/ Improvements;tm l +aru .. s_.. i Of
Orleptember 6, 1977, a" construction contract wars awarded r de to J.L. Ber traa uuu
Construction Company ru stream and storm drain Improvements our North Beach
Street, Project No, 10-36000,444, arm artu ,aa 4, 1977, was set as the date
for the 'benefit HearOg &C C-3896) . Adjacent property owners were notified
of the hearing by certified mail,
Roadway a ROM
'a
: atWidth-Fee w nit Limits Width-F..
Feet
'North Beach St. Louis out weteruu �. u
Ruilroa
to IR-820 361 Lanes 120
W/281 Median
mar ap t
This prof ct as s initiated in conjunction with the Community Facilities Contract
for Dillard's ' au°t"wbouuse and Distribution Center Lot 1, Block 6, northStar
Addition) , the tm~uumcept of which was approved by MY C-3828 on June 23, 1977,
and the Cmamunity Facilities Contract. No. 9429 by MbC -3894 on August 30, 1977,
The west half of a ultimate douu e 36-foot thoroughfare will be improved by
constructlon of major t' ,a r ouu faa re grade concrete pavement en with superimposed
concrete uurb, Also included in this contract are inter"e t on urmprovementm
and right-turn lanes for four major streets heading west from this portion of
North Beach Street, Storm. drainage rprurwent will consist of pro mate
2,36Q feet of relAf r ced concrete culvert pipe and appurtenances,
rm'a r� ent urn u t ti.EIg
J rmu u u
Based n previous appraisals aal of like property in or adjacent c nt to new developments,
the u proved access afforded by the new, street,mmt, aura improved drainage
g
facilities in time area, it is the opinion of the Public Works Department
that each parcel of abutting propertr .tru benefitted in an amount equal to
or n excess of the amount recommended for assessment.
Reccaymmendcamion
It is recommended that an ordinance be adopted closing the benefit hearing
and levying the assessments as proposed,
Gtr a sIw
Attachment
OMMWMD NY, Dk m mD By COUNCIL: PAO D "
,l jaz�.. .. If SECRETARY
rrGV rm1i Ate DA'T'E....
IIWTY MANASER go.-IF 11