HomeMy WebLinkAboutOrdinance 335 ORDINANCE NO.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION HASKELL AVENUE
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: HASKELL AVENUE 'From Clarke Avenue to Mattison Avenue, known and designated
as Project No. 021-03.9-102-00, Unit 1, a six-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-
six foot roadway. Four-foot wide concrete sidewalk will
be constructed where specified.
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The above,together with combined concrete curbs and gutter on proper grade and line where same are not already
improve-
ments_ are to be ~~ constructed =" and ~^=^e shown on the plans and in strict= =°^"^~a="^, with the Plans and
Specifications therefor: and contract has been m ade and entered into with Austin Road Compapy
for the making and construction of such improvements on the above said portion of streets, avenues and public
nDacnu,
estimates ofthe 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
�8 �� 7^30 P.M.
l in the Council in the City of Fort Worth, Texas, and at
such hearing the following protests and objections were 'made, to-wit:
'
that
protested`
that
that
`
that
------� - that
_. that
--protested that
_---__-_-proteotmdtbat
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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 fail, 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 he made and levied as herein ordered:
No "' 'I'llEIZEFORE:
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 ol),jections, and any and all other
protests and objections, whether herein enumerated or or not, he and the same are hereby, overruled,
ain, The (J(v Council, from the evidence, finds that the assessments herein levied should be made and levied
ag
st the respective parcels of property abutting upon the said portions of streets, avenues and public places
and against the OWne►", 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 means of the improvements
in the Unit for which Such assessments are levied, and establish SUI)SUIntial JUS'tiCe' and equality and uniformity
between the respective owners of the respective properties, and between all parties concerned, considering the
benefits received and burdens imposed, and further finds that in each case the abutting property assessed is
specially v 1.)enefited in enhanced value to the said property by means of the said improvements in the unit upon
which the particular property v abuts and for which assessment is levied and charge made, in a sum in excess of
the said assessment and charge made against the same by this ordinance, and further finds that the apportion-
ment 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,,,ments, and is in all respects valid and regular.
There shall be, and is hereby, levied and assessed against the parcels of property herein below mentioned,
wind against the real and true owners thereof (whether such owners he correctly v named herein or not) the sums of
money v itemized be!okv opposite the description of the respective parcels 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.
kk'here 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�(" ) 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 (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 particular unit, assessments against the property abutting
upon such completed and accepted unit shall be and become due and payable vable 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 v 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 pa'vnient 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 %N'O1'kS the City of 1,ort Worth retains the right to
authorize payment of the sums assesed against abutting property V L11)011 such completed and accepted unit in not
more than forty-eight (48) equal regular monthly installments of not less than $9.00 each, the first of such
installments to become due and payable not more than thirty (30) days after the completion and acceptance by
the City of the particular unit. PROVIDED FL'RTHER, that the City y Attorne'v is here6v 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 Works has previously determined that an extreme financial hardship upon the property owner will
otherwise result; and PROVIDED FUR.THER, 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 City granting a mechanic's lien upon and conveYing the said abutting property in
payment to secure the pa :ment bY said owner or owners according to the terms thereof of the sums assessed against
such property.
WI.
If default shall be made in the payment of any v issessment, collection thereof shall be enforced either by
the sale of the property lay the Assessor and Collector of Taxes of said City as near as possil)le in the same man-
ner provided for the sale of property for the non-payment of ad valor-em taxes, or at the option of the City of
Fort Worth, or its assigns, payment of said sums shall be enforced by suit in am court of competent jurisdic-
tion, or as provided in any mechanic's or niaterialman's contract as aforesaid, and said City shall exercise all of
its lawful power,,; to aid in the enforcement Lind 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 law ;n force in the City.
11111.
Although the aforementioned charges have been fixed, NOW, and assessed in the respective amounts
herknabove 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
herdnabove levied such amount or amounts, if any, as may hereafter be allowed by the City Council as a credit
against the respective assessments.
IX.
For the purpose of evidencing the several,sums assessed against the respective parcels of abutting prop-
erty and the owner, thereof, and the time and terms of payment and to aid iii 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 he issued by the City of Fort WorIAL Texas, upon completion and accept-
ance by the City of the inqmvvenwnLs in each unit of imlmvvement as the vvovk 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 skill he yomble to the City of Fos Worth,
or Is assigns, and shall declare the said amounts, time and term or payment, rate of interest, and the date of
the completion and acceptance of the improvements abutting upon such property for which the certificate is
issued, and shall contain the name of the owner or owners, it wi()\�n, des( ription of the property by lot arid block
number% or front feet thereon, or such other desciption as may Mher"Ise identify the same; and if the said
property shall be owned by an estate, then the description or satire as so owned sharp be sufficient and no error or
mistake in describing any property, or in giving the name of the ownm% shall invahlae or in anywise impair
such certificate. to the assessments levied.
The certificates shall provide substantially that if sanw shall rmt lw paid pnnuptO- upon maturity, then
they AN! he cAlevIalde, with reasonable attorney's fees and cwmv 14 (Olection, if' incurred, and shall provide
substantially that the amounts evidenced thereby shall he Imid to the Assessor and Collector of Axes of the
City of Fort Worth. Texas, who shall issue his receipt therefor, which sharp he evidence of such payment on any
demand Or the same, and the Axsessor and Collector of Tams shall deposit the sums so received by him forth-
with with the City Treasurer to he kept .md held by him in a separate fund, and when any payment shall be
made in the City the Assessor and Collector of Axes ujmn such verincate shall, upon presentation to him of
the certificate by the luddei, thereof endorse said payment thern? If Yuch ucyl Mcate be assigned then the holder
thereof shall he entitled to receive from the Cite Treasurer the anknint paid iqmn the presentation to him of
such certificate so endorsed and credited: and such enclo •senum and Avdh And! be the Treasurer's Warrant for
making such payment. Such paymeWs 1W he Treasurer shall 1w rKwOlod MY the holder of such certificate K
writing and by sue vrider thereof' "Ten the pilnuipaE tojether "Oh =ina& interest and all costs of collection
and reasonable atforne,"s fees, if kwunvl have lieen paid in NO.
Said certificates shall further revile substantially than tlic., proceedings with reference to making the
improvements have been regularly had in compliance wide the Lw iod Ont all prerequisites to the fixing of the
assessment Hen against the property described in such certificate and 10 personal liability of the owners thereof
have been 1wrArnwd, and such recitals shall be prima facie evid(�ncc, (,!*:ill the niatie •s recited in such certificates,
and no further proof thereof shall he required in any uonvrt.
Said certificates may have coupons attach(Ni thereto in evRency of eacl :)i any of the several installments
thereof, CIF may have coupons for each of the first four installments, leaving the main certificate to serve for the
fifth installment, which coupons may he payable to the (Ity of TOO Worth, or its assigns may he signed with the
facsimile signatures of the Alayiw 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.
X11.
The assessments so levied are for the improvements in the particular unit upon which the property
described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve-
ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts
assessed for improvements in any one unit have been in nowise connected with the improvements or the assess-
ments therefor in any other unit.
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_7__—day of —19 -7e.
APPROVED AS TO FORM AND LEGALITY:
eel',
Jt rne
�ty 4 t4 y -
PROJECT NO. 021-0390102-00, UNIT 1: HASKELL AVENUE FROM CLARVE AVENUE TO MATTISOM AVENUE, to be
improved by constructing a six-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 con-
crete gutter on a thirty-six foot roadway. Four-foot wide concrete sidewalk will be constructed
where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE' AMOUNT ASSESSMENT
WEST SIDE ROSE HILL, ADDITION
Dorothy R. Cantwell E1/2-21 4 130' No benefit
3716 W. 6th Street Apt.
Fort Worth, Texas 76110
Alley 3()f
Dorothy S. Black 11 4 1301 No benefit -n-
3627 Bunting Apt.
Fort Worth, Texas 76107
BUNTING AND BERTROSE intersects WEST HIGPLA10S ADDITION
Fort Worth Osteopathic 3 5 205' Frontage
Hospital CF 851 Pavement
1,000 Montgomery Street widening (8') $18.32 $1,557.20
Fort Worth, Texas 76107 120' Pavement
Attn: Mr. Dan Duncan widening (3') 6.87 824,40 $ 2,381.60
MATTISON intersects
EAST SIDE F .W.O.H. ADDITION
Fort Worth Osteopathic A 1 215' Frontage
Hospital CF 154' Pavement
1000 Montgomery Street widening (3') $ 6.87 �I,n57.98
Fort Worth, Texas 761n7 61' Pavement
Attn: Mr. Dan Duncan widening (8') 18.32 1,117 .52
511 Curb & gutter 9.88 503.88 $ 2,679.38
1.
PROJECT NO. 021-0390102-00 UNIT 1: HASKELL AVENUE FROM CLARKE AVENUE -TO MATTISON AVENUE,
continued
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
FAST SIDE MONTGOMERY SURVEY
Mrs. J. C. Swaf£ord Tract 2 50' No benefit -0-
1051 Haskell Apt.
Fort Worth, Texas 76107
F.W.O.H. ADDITION
Fort Worth Osteopathic A 1 222.3' Pavement $37.80 $8,402.94
Hospital CF 222.3' Curb & gutter 9.88 2,196.32
1000 Montgomery Street $10,599.26
Fort Worth, Texas 76107
Attn: Mr. Dan Duncan
Alley 30'
ROSE HILL ADDITION
Alice P. Cranz Estate 15-R 4 130" Pavement $37.80 $4,914. 0
C/O Wm. P. Cranz, Jr. CF 130' Curb & gutter 9.88 1,284.40
133 Williamsburg Lane $ 6,198.40
Fort Worth, Texas 76107
UNIT 1: TOTAL COST TO PROPERTY OWNERS (ASSESSMENT) . . . . . . . . . . . . .$ 21,858.64
TOTAL COST TO CITY OF FORT WORTH. . . . .: . . . . . . . . . . . . . . . . .$306,248.24
TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . . . . . . . . . . . . . .$328,106.88
UNIT 2: TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . . . . . . . . . . . . . .$ 69,956.41
TOTAL ESTIMATED CONSTRUCTION COST (BOTH UNITS) . . . . . . . . .$398,063.29
2.
City of Fort Worth, Texas
A0111or and, Souncil Cominunication
aUtw
oTE wwtt, tw'att susivan Benefit Hearing - Haskell Evonue RANG E
k 7
G-39 80 w of "
On October 10, 1978 t tt t-4377) , the Cicy Council declared the necessity for and
ordered the t,mpco vemnnta fn r the reconstruction of the Camp Bowle-Lancaster,
Montgomery, Bertrose,qlarke and "t ulsa Way intersactions a na , 'che reconstruction ion an"
tonslon of Haskell avenue tram Mattison co Clarke, Project No. 021-039102-00,
and the reconstruction of the Camp Bowie-Clover Lane and cant lae Road intersec-
tion; Project No. 021-039103-00. construction .ontrac w w as awarded to Austin
Roid Company In the amount of ,195.69, and ttomenbe°r 7, 1. r8, was set as the
date for the enef it Hearing on Haskell Avenue an described below, Qacent
property ovnnrn were notified of the hearing by cerufled mail on October
1978.<
�t�,w�nt� ncl�twaaw
trwaawt," L"t,awiLE teat too ro c t""tdt =
Haskell Avenue From Martison Avenue 36 56
:o Clarke Atenue
212116Z t
Can October 18, :1 (MAC " , 34) , L'he City Council it a opt ed n plan for the 'tnwron
tructtntw of the Camp Bowie-Lancaster, 'Mont8emwwt w, Bertrwantt, Clarke and Tulsa
a nterse,kt tone; adopced the pcoposed plans for rec onstrUCLiOn Of the
Bowie-Clover Larne and Creatliro twit. wsectton and reconstruction, and n wten
ion of Haekell avenue from Mactleon to Ciarks. Staff was authorized to proctored;
with t e necessary actions to dw n .Lute the rna".tnstructt.o pro wows at both
intersections.
On June 18, 1977 H C-3810) , the City Council awarde d a contract fo 'tin
engineering services with Carter & Burgess, lac. ,, to prepare plans and spe i—,
I"icationn ' cats" these projecta .
Improvements to Project 021-039102-00 will tw,tw.tude improved r ghc turn lanes
from Lancaster to Camp Bowie, from Montgomery to Lancaster nnc omtpcwttwet twa
Camp Bowie. Bertrose will l bn closed from Camp p owip �,»,� w"ant"in , with ww revised
nrtrosn-8wwnt innp connection just west of Haskell. Clarke, will have a revised
approach to tramp ttowaie on will Tulsa Way to Montgomery, and Haskell Avenue will
be extended between 'Punting and Clarke and w111 be reconstructed and widened to
n 88 foot wide roadway ray I"t K Mattison south to Runting.
Improvements In Project 021-039103-00 will include left—turn Inner from Camp
Bowie to Claver Lane in both north and south directions. A realigned approach
will be constructed from Clover Lunn to Ca-o Bowie from the south, and twee""t"ic
inland improvements will be made on Crestline Road at Camp Bowie.
C9ATI RE ERtsct uwEco Benefit Hearing - Haskell Avenue PACE
from Mattison Avenue to Clarke Avenue of
Assessments and Enhaacements
Property adjacent to Haskell Avenue contains hospital facilities, a vacant
parcel and three residences. It is the opinion of the Public Works Director
that the three residences will not be-henefitedby the street Uprovements,
and no assessments are proposed. The hospital property and the vacant parcel
are being assessed for curb and gutter where none presently exists anA for
pavement w1dening and/or new pavement on the extended portion of the street,
all in accordance with standard City policy. It is the opinion of the Public
Nbrks Director that the property being assessed will enhance in value by an
amount equal to or greater than the proposed asseamnent.
RAcammendatio-
It is recommended that an ordinance be adopted closing the hearing and levying
the assess ant as proposed.
GG:plg
Attachment
SUOM ITTED BY: DIS;o6IT By COUNCIL: PROCESSED BY
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e4PBPROVED [I OTHER (DESCRIBE)
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CITY MANAGER /11-7/79