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HomeMy WebLinkAboutOrdinance 7730 ORDINANCENO 7730 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BA _.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: UNIT 1: BANKS STREET From 148' south of Tidwell Drive to Tidwell Drive, known and designated as Project No. 104-24000-272, Unit 1, a five-inch thick hot- mix asphaltic concrete pavement on a six-inch thick cement stabilized subgrade with seven- inch high concrete curb and eighteen-inch wide concrete gutter on a thirty-foot roadway. UNIT 2: SBEPHEARD DRIVE From Glenwick Drive to Montrose Drive, known and designated as Project No. 104-24000-272, Unit 2, a five-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high con- crete curb and eighteen-inch wide concrete gutter on a thirty-foot roadway. Six-inch thick concrete driveways will be constructed where specified. The above,together with combined concrete curbs and gutter on proper grade and line where same are not already 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 Austin Road 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 18th day of April 19 7 8 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 .... ... 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 fait, opportunity to be heard, and the City Council of the City having rullY considered all proper matter, is of the opinion that the said hearing should be closed and assessments should he made and levied as herein ordered NOW '1711EIZEFORE: BE IT ORDAINED BY THE CITY COITNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. Said hearing he, and the same is hereby, closed and the said protest and objections, and any and all other protests and objections, whether herein enumerated or or not, be and the sarne are hereby, overruled. The City Council, from the evidence, finds that the assessments herein levied should be made and levied against the respective parcels of property 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 v in proportion to the benefits to the respective parcels of property 1)'v means of the improvements in the unit f0l' 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 hurdens, imposed, and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said property v 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- ment or 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 ;aid improv^nwnts. and is in all respects valid and regular. There shall 6e, and is hereby, levied and assessed against the parcels of property herein below mentioned, and against the real and true owners thereof (whether such owners be correctly v named herein or not) the sums of money itemized below opposite the description of the respective pareek of property v and the several amounts assessed against the same, and the owners thereof. as far as such owners are known, being as follows: IV. Where more than one person, firm or corporation owns an interest in any property above described, each said person, firm or corporation shall be personally liable only for its, her or his pro rata of the total assessment against such property in proportion as its, his or her respective interest bears to the total ownership of such property, and its, his or respective interest in such property may be released from the assessment lien upon pay- ment of such proportionate sum. V. The several sums above mentioned and assessed against the said parcels of property, and the owners thereof, and interest thereon at the rate of six per cent (6(t' ) 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 bear interest from said date at the rate of six per cent (611 ) 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 an,v 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 Cit,v of Fort Worth, or its assigns, be and become immediately due and payable, and shall be collectable, together with reasonable attorney's x- fees and cost of collection, if incurred, PROVIDED, however, that acting through its duly authorized Director Of Public Works, the City v 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 M00 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 Ft,7RTHER, that the City y Attorne,v is hereby empowered to authorize payments of said Sums of lesser installments and/or over a longer period of time in case- in which the Director of Public Works has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVIDED FURTHEIZ, that SUCII method of payments yments shall be authorized only y in instances where the owner or owners of property abutting upon Such completed and accepted unit shall have executed and delivered to the MY of Fort Worth a lawful, valid and binding note and mechanic's and materialman's contract upon fO1'MS Supplied by the City granting a mechanic's lien Uj)On and conveying the said abutting property in trust to secure the payment by said owner or owners accordin • to the terms thereof of the Sums assessed against such property-, V I. If default shall be made in the pa,vnient of any v assessment, collection thereof shall be enforced either by the sale of the property v 1)'v the Assessor and Collector of Taxes of said City v a,: near ns possible in the same man- ner provided for the sale of property for the non-payii,ient of ad valorem taxes, or at the option of the City of Fort Worth, or its assigns, payment of said Sum-, shall be enforced I)Y Suit in any court of competent jurisdic- tion, or as provided in anY mechanic's or materialnian's contract as aforesaid, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. The total amount assessed against the respective parcel;; of Putting 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 law in force it) tile City. VIII. 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, I 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 'North, Texas, as hereinafter provided, shall 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.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 DO, 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, and shall 1)e payable to the City of Fort Worth, or its assigns, and shall declare the said amOLlrtS,, time and terms of payment, rate of interest, and the date of the completion and nNmptame of the imM,ovements abutting Mum such property for MAT the certificate is issued, and shall contain the name of the owner or owners, H known (Mm •O)tion of the property by lot and block number, or front feet thereon, or SLU'll other desciption as may otherwise identify the same; and if the said property shall be owned by an estate, Men the description or same as so owned Will be suRident 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, W) the assessments levied. The certificates shall provide sWoUlnQUy that if same Mudl ilot he paid promptly upon maturity, then they shall be c.-Aeutahle, with reasonable attornvy"s fees and (nos or roll,Ttiow if incurred, and shall provide substantially that the amounts evidenced thereby Anil he lid to the Assessor and Collector of Taxes of the City of Fort Worth, Texas, who shall issuQ his ivc&IA therefor, w1hich shall he evidence of such Imiyment on any demand for the same, and the Assessor and (WeeMy of Taxes shall deposit We sums so received by him forth- with with the City- Treasurer to he kept and held by him in a, separnlc, fund. and when any payment shall be made in the City the Assessor and Collector of Axes upon such upAhcate Ant ulnui presentation to him of the certificate by the holder thereof endorse slid payment ther"d. IC such cerlincate be assigned then the holder thereof shall be entitled to receive from the (!"- Tnatsurer the an""m ImAl upon the presentation to him of such certificate s<a endorsed and credited; and such eirlomemunt and vrwht shall be the Treasurer's Warrant for making such payment. Such payments by the Ticasurev MW Q ivecijAcd for the holder of such certificate in writing and by surrender thereof when the InIncipal, ligedni with otwrtieol interest and Wit costs of collection and reason:Odv attorney's fees, if hwu • vT We hani Qd in NWI. Said certificates shall further recite substantially that the proceedings with reference to making the improvements have been regularly had in compliance with the and that all prerequisites to the fixing of the assessment Hen against the property descrihed in such cer4hunte ni"I IQ 1wrsomil HaWhAy of the owners thereof have been pelILWMaL and such recitals shall W lAma facia eviduiiti nf :ill the m ate evs, recited Al such certificates, and no further proof thereof shall be required in any voitut. Said certificates may have coupons attaHial Woo in evOlence of each w any of the several installments thereof, or may have UOUPOIIS for each of Uip First four inslaHments, leaving the main certificate to serve for the fifth installment. which coulmns may he payable to the Cite of Fort Worth, or its assign,,; may he signed with the facsimile signatures of the Alayo • 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. 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_.... day 1962. APPROVED AS TO FORM AND LEGALITY: City Attorney PROJECT NO. 104-24000-272, UNIT 2: SHEPHEARD DRIVE FROM GLENWICK DRIVE TO MONTROSE 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. Six-inch thick concrete driveways will be con- structed where specified. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT WEST SIDE SKYLINE TERRACE ADDITION Pete Gonzales 8 5 195' Side lot adjusted to 1801 Shepheard Drive Res. 100' Pavement $3.09 $309.00 Fort Worth, Texas 100' Curb & gutter 5.41 541.00 76114 85 S.F. Driveway 2.23 189.55 $1,039.55 Mrs. Flora Perryman 9 5 136.4' Converging lot adjusted to 1809 Shepheard Drive Res. 90' Pavement $3.09 $278.10 Fort Worth, Texas 90' Curb & gutter 5.41 486.90 76114 85 S.F. Driveway 2.23 189.55 $ 954.55 C. L. McLemore 10 5 120.6' Irregular lot adjusted to 1815 Shepheard Res. 115' Pavement $3.09 $355.35 Fort Worth, Texas 115' Curb & gutter 5.41 622.15 76114 85 S.F. Driveway 2.23 189.55 $1,167.05 Rufus H. Earl 11 5 110' Pavement $3.09 $339.90 4812 Camp Bowie Res. 110' Curb & gutter 5.41 595,10 Fort Worth, Texas 85 S.F. Driveway 2.23 189.55 76107 $1,124.55 Edgar N. Mobley 12 5 80' Pavement $3.09 $247.20 1823 Shepheard Drive Res. 80' Curb & gutter 5.41 432.80 Fort Worth, Texas 85 S.F. Driveway 2.23 189.55 76114 869.55 2. PROJECT NO. 10'4-24000-272, UNIT 2: SHEPHEARD DRIVE FROM CLENWICK DRIVE TO MONTROSE DRIVE, continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT WEST SIDE SKYLINE TERRACE ADDITION Henry C. Fuller 13 5 80' Pavement $3.09 $247.20 1827 Shepheard Drive Res. 80' Curb & ,gutter 5.41 432.80 Fort Worth, Texas 85 S. F. Driveway 2.23 189.55 76114 $ 869.55 Ralph E. Houp 14 5 125.6' Pavement $3.09 $388.10 5001 Montrose Res. $ 388.10 Fort Worth, Texas 76114 MONTROSE DRIVE intersects EAST SIDE Helen G. Wells 12 4 100.9' Pavement $3.09 $311.78 C/O Veterans Administration Res. $ 311.78 1400 N. Valley Mills Waco, Texas 76710 Ronald Dillow 11 4 110' Pavement $3.09 $339.90 1828 Shepheard Drive Res. $ 339.90 Fort Worth, Texas 76114 R. L. Dunaway 10 4 105' Pavement $3.09 5324.45 1824 Shepheard Drive Res. 105' Curb & gutter 5.41 568.05 Fort Worth, Texas 140 S.F. Driveway 2.23 312.20 76114 $1,204.70 Donald B. Noble 9 4 109.2' Pavement $3.09 $337.43 1820 Shepheard Drive 109.2' Curb & gutter 5.41 590.77 Fort Worth, Texas 140 S.F. Driveway 2.23 312.20 76114 $1,240.40 3. PROJECT NO. 104-24000-272, UNIT 2: SHEPHEARD DRIVE FROM GLENWICK DRIVE TO MONTROSE DRIVE, continued BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT EAST SIDE SKYLINE TERRACE ADDITION Randy P. Jordan 8 4 105' Pavement $3.n9 $324.45 1816 Shepheard Drive Res. 105' Curb & gutter 5.41 568.05 Fort Worth, Texas 76114 85 S.F. Driveway 2.23 189.55 $1,082.05 Bob R. Sard 7 4 90' Pavement $3.09 $278.10 1812 Shepheard Drive Res. $ 278.10 Fort Worth, Texas 76114 George Renfro 6 4 80' Pavement $3.09 $247.20 1808 Shepheard Drive Res. $ 247.20 Fort Worth, Texas 76114 James & Gloria Stokes 5 4 60' Pavement $3.09 $185.40 1804 Shepheard Drive Res. $ 185.40 Fort Worth, Texas 76114 Mary N. Banfield 4 4 118.2' Side lot adjusted to C/O A. L. Purvis Res. 100' Pavement $3.09 $309.00 3605 Dexter 100' Curb & gutter 5.41 541.00 Fort Worth, Texas 76107 $ 850.00 UNIT 2: TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) . . . . . . . . . . . . . . . . . . . .$ 12,152.43 TOTALCOST TO CITY OF FORT WORTH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609478.51 TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 72,630.94 BOTH UNITS: TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) . . .. . . . . . . . . . . . . . . . .$ 12,944.09 TOTALCOST TO CITY OF FORT WORTH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .c 72,486.29 TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 85,430.38 4. MATSON, City of Fort Worth, Texas IAIr Mayor ou �c t uommu is a to DATE REPE04ENOE 'Us_"'CT: benefit Hearing - Assessment PAGE FOJI ER pain at Two Locations, hanks Street 4/18'/7"8 G-; 7 and he beard Drive X1976-7 � or Pages C-1 and } On March 21, 1978, the City Council declared the necessity for and ordered the improvements of Project No. 13-024272-00, as described below. A construction contract was awarded to Austin goad Company in the amount of $77,66,3.98, and April 18, 1978, was set as the date for the Benefit Hearing (H&C C-4128) . .11 adjacent property owners were notified of the 'hearing by certified mail on March 31, 1978. pro• ect e criitio Roadway R.O.W. Unit Street Limits Width-Feet Width-Feet 1 Banks Street Tidwell Drive to 30 50 ll' South 2 Shepherd Glenwick Drive C to Montrose Drive Origin of 'Fro ect. Barks Street was initiated by a paying petition, signed by the owners of 100 per cent of the adjacent property and received in the Assessment paving Office on July 20, 1977. Sheheard Drive was also initiated by a paving petition signed by the owners of 53 per cent of the adjacent property and received on duly 5, 1,97"7. Improvements Both streets will he improved with residential grade lot mix asphaltic concrete pavement with concrete curb, gutter, and driveway approaches. Also included are required drainage facilities and appurtenances. Assessments and Enhancement All adjacent properties are zoned residential and are being assessed $8.5n per front foot for pavement, curb and gutter, plus driveway approaches,. Credits is being siren for existing concrete curb and gutter and driveway approaches. It is the opinion of the Public Works director, that each parcel„ of property being assessed is enhanced in value by an amount equal to or greater than the amount of the proposed assessment. Recommendation t s recrl ended that an ordinance be adopted closing the benefit hearing and 1e y ing the assessments as proposed. kIi AAil By. DISPOSITIOWCOUNCIL., PROCESSED By APPROVED r3 OTHER (DISCRIR ) 1 -1 ,30 0 M _ y SECRETARY n � nd e in sessa�nts. �..m,� � "