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HomeMy WebLinkAboutOrdinance 5540 ORDINANCE �0. ,�._..........._._ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF ,.SEIAINARY DRIVEµ 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 cif Fort Worth,Texas,be improved by raising,grading, or filling same and by constructing thereon to-wit: 10. SEIv�INARY DRIVE: From Mansfield Highway to 114ichita Street, known and designated as Unit 10A, Project No.097-24000- 143, a 7u inch hot mix asphaltic concrete surface on a 60 foot roadway. From Wichita 'Street to 011ie Street, known and designated as Unit 10B, Project No. 097-24000- 143, a 12 inch hot mix asphaltic concrete surface on a 7 inch gravel base on a 40 foot roadway. The above,together with combined concrete curbs and gutter on proper grade and line where same are not already so constructed, together with storm drainsand 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 BITULITHIC CO. 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 day 19 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 protested that _. . protested that and said hearing was continued to the present time in order to more fully accomplish the purposes thereof, and till desiring to be heard were given full and fair opportunity to be heard,and the City Council of the City having fully considered all proper matter, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered: NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL 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 same are hereby, overruled. zI. The Cite 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 rind charges are right and proper and are substantially in proportion to the benetits 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 between the respective owners of the respective properties, and between all parties concerned, considering the henetits received and burdens imposed, and further finds that in each ease 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 by this ordinance,and further finds that the apportion- ment of the cost of the improvements is in accordance vwith the law in force in this City, and the proceedings of the City heretofore had with reference to said improvements. and is in all respects valid and regular. M. There shall Ire, and is hereby, levied and assessed against the parcels of property herein below mentioned, and against the real and true owners thereof (whether such oA ners be correctly named herein or not) the sums of monev itemized below opposite the description of the respective parcels of property and the several amounts assessed against the same, and the owners thereof, as far as such owners are known, heing 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 (61") 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 against which the same are 'assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be correctly named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except State, County, School District and City ad valorem taxes. The sums so 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 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 fees and cost of collection, if incurred, PROVIDED, however, that acting through its duly authorized Director of Public \ orks the City of Fort Worth retains the right to authorize payment of the sums assesed against abutting property upon such completed and accepted unit in not more than forty-eight (48) equal regular monthly installments of not less than $9.00 each, the first of such installments to become due and payable not more than thirty (30) days after the completion and acceptance by the City of the particular unit. PROVIDED FURTHER, that the City Attorney 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 Works has previously determined that an extreme financial hardship upon the property owner will otherwise result;and PROVIDED FURTHER,that such method of payments shall be authorized only 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 trust to secure the payment hY said owner or owners according to the terms thereof of the sums assessed against such property, VI. 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 Assessor and Collector of Taxes of said Citv as near as possible in the same man- ner provided for the sale of property for the non-payment of ad valorem taxes, or at the option of the City of Fort Worth, or its assigns, payment of said sums shall he enforced by suit in any court of competent jurisdic- tion, or as provided in any mechanic's or materiahnan'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 arnount assessed age 6ust, tine rr,agx cti a o pear a a lss of abutting prr„,perty, and the owners thereof, is in accordance with the proceedings wbf the City relatkig to said improvement; and a �essments thereof, and is less than the proportion of the cost allwwvpd and permitted by I the Inver in force in the t(_'ity. V11£. Although the aforementioned chalges have been frxod, levied, trnd assessed in the respective amounts hereinabove stated, the City Council does herclhy reserve mito it:,:w U 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 reauieeii to issuw,credits,and will not do so, if same would result in any equity and,'oa° unjust disc.riininntion. The principal amount of en h of 't1rr .,c verail ei tificates to be issued the City of Fort Worth, Texas, as hereinafter provided, shad be fixed and ciutc, nhinerf by Oeducrting from the amount of any assessment hereinabove levied such amount or amounts,if an s me,y hereafter be aYlov,ed by the City CouncO as a credit against the respective assessments, IX, For the purpose of evidencing this atgtrinst the respective parcels of abutting prop- erty and the owners thereof, and the tines ano lorni� of pnyrnu.>n1, and to aid in the enforcement and collection thereof, assignable certificates in 'the pi ioc ipal ;trn+>unt of the r e?tpective asssessnients less the amount of any re- spective credit allowed thereon, shall be by tht" City of Forr Worth, Texas, upon completion and accept- ance by the City of the improvements in drrach ol'OL of onrirrowicmeail sir the work in such unit is completed and accepted, which certificates shall be e>cerlo+d Ire I 1w nuiv r in the minis of the City and attested by the City Secretary, with the corporate staaal of tk, (itr rrrr�l>r c k°cif thereon, wind s}h all 'w pal%%ible to the City of Fort Worth, or its assigns, and shall declare the saiicd ss)1rnrWr ,ibnL a,,n d uorw:is Of pa.vnient, rate of interest, and the date of the completion and acceptance W the, irirpa c,w 4 rrai2r t ry ,rhoH inn upori :.,iuch property for which the certificate is issued, and shall contain the name of Ow „wircr Orr ov m r°. if l�n,r ,us cdosscription of the propert;w, by lot and block number, or front feet thereon, or dick <;Ll ,r ,{ iptr,.,rc ,,: may „therwi',se identify the same; and if the said property shall be owned by am e t4alo, then al o six,t'r1rLiml ill �,i,rnw ,i., wo oww�nod shall bo sufiiclent and no error or mistake in describing any plopevrty, or err vii iva tho n tioo of die i,wanr,r, invalidate or in anywise impair such certificate, to the assessments levied The certificates shall provide uiuwl infially° Itto. §f ,kinv s°lmll lwt. be hiaicd promptly upon maturity, then they shall be collectable, wkh reai.,nuisal>Ic ;i(t,>rncrl . dcc loci of ficrrr, if incurrod, and shall provide substantially that the amounts ovi deanerd 9h 6,n!0 .dt<dl he [ ,id t,i Ihcr A. , "aor ,end tolled or of Taxes of the City of Fort Worth,Texas,who,:hall iii ,,>eb:^1pI l hwt'u f'wwN, ,,,h is 1) shall be evidi n e of such payment on any demand for the carne, and the A,;�,ussur rmd a`0h,(V,,r° io1`"F. N ,;,}will dopoait the:sums so received by him forth- with wvith the City Treasurer to fur l,a=f�)t tmd I,a.r1d Iry hire[ in ,i :,apps iVo Rind. and when ���xn,y payment shall be made in the City the Assessor and r'ohsc,lo� of hsir ii;iii uch u rtsrl(re. :�)mll„ upon presentation to him of the certificate by the holder thereof ,^mdor.�, .;r,iil l^U°.r nws it th, �,^,rV" It .,tie h ,er0 oticzaPe lie a:,�sugned then the holder thereof shall be entitled to receive frc,ni tnu J lcni, w,(,c flee^ :unouiil li cicf upon the presentation to hirn of such certificate so endorsa,d and o'r°,ittr,d; tnd •,arc 11 1r d,,rwa,ri nt itnd (,r,cdi L dudI I)e than H"rcresuu�a�sr's Warrant for making such payment. Su(.h payirnews L; +1 ,� f « k t,,., r,,e= pfod for Ow holder of such certificate in writing and b'vsurrender thereof' xlic�n tli(> I)ci :r��;l 1 : st`F.af i� si�i�l i u°ul"d arrteyr, wit aand all costs of collection and reasonable attorney''- fees, if iii,uw°md , n l,<o�urp in full. Said certificates shall further r•,rcitv inset th,a it ti r,£erence to making the improvements have been reputrarilw. had in ornpliaiirrA^ cull, fh,, ,w(l 1 haa9 ilh p?°e'rpgnisitos to the fixing of the assessment lien against the property, do:;,cr.liod in 1 ,1, , l ail., ;uld Cie: p r oitaui ha idil.y of the owners thereof have been performed,and such rocim s!,ufl hw pu it :i C°ogle•,,w tdonc,of dl Lho mat'I r°� i ocited in such certificates, and no further proof thereof s1:0.11 b,I r'wcltih'lld in ur.E ,,sus i. Said certificates may have cirtdl„ns; ,11�wlwd f carol vvid,rn o c,f e tch or any of the several installments ,hereof, or may have coupon., for ni, ,Ito ii,r- louv i�ir��. a l.�rr�ril , i,racvirtt., tho roam cortificate to serve for the fifth installment, which coupirrrr rrt;a,c l,a�lss�ri6k•ko Iho r'i(� „1 P ol, , tb`,rrtlr, or• 0tl, a i,e,w; many be signed with the facsimile signatures of the ,ttaw;ov ,kil d ('it c 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. XI. 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/_"l,___day of X96 APPROVED AS TO FORM AND LEGALITY: _... _.._ _....... City Attorney ........... ........... 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Assessment Paving of Seminary PAGE 3114/66 G-919 Drive, Units 10-A and 10-B, 10f 2 P,X ct No. 097-24000-143 On January 17, 1966, the City Council continued the hearing on Seminary Drive, Units 10-A and 10-B of Assessment Paving at 10 Locations Project 097-24000-143, and requested that the staff meet with Swartz and Myers Realty Co, , ' regarding assessments and credits along portions of the project. The units under consideration are as follows : ROADWAY SMEET LIMITS WIDTH R.O.W. 10-A Seminary Drive Mansfield Highway 60 feet 80 feet to Wichita Street 10-8 Seminary Drive Wichita Street to 40 feet 60 feet 011ie Street Swartz and Myers Realty Company, owners of Lots 12, 13, 14, and the vest 15 feet of Lot 15, all in Block 4, Vickery Acres Addition, have requested special credits for 15 feet of widening on Seminary Drive adjacent to their property which has been completed within the past year. The Engineering Division of the Public Works Department has determined that a paving tie-in was made by the owners after curb and gutter was constructed to City line and grade, at an estimated cost of $1,243.46. This is in accordance with a policy that whenever building permits are approved the property owner is required to construct curb and gutter and make a paving tie-in, if necessary. The paving for the additional widening was placed sometime, in June of 1965, and the project including Seminary Drive improvements was advertised, for bids August 2, 1965. Because the property owners could have been given a waiver on constructing the paving tie-in inasmuch as Seminary Drive was to be widened and paved on an assessment basis in the near future, the Public Works Department recommends that a special credit of $1,243.46 should be given Swartz and Myers Realty Co any for expenses incurred in paving con- struction previously completed. This proposal is acceptable to Swartz and Myers Realty Company. Attached are corrected copies of the summary sheet and assessment rolls ,which show that the City's share of the Seminary Drive paving is increased from 64.1 per cent to 67.4 per cent of the project cost of $37,750.63. The proposed assessment reduction is considered a special credit and not a policy change because the paving tie-in. could have been delayed until the overall paving project. Paving tie-in will still be required in connection )ofth the building permit when new construction is far in advance of assessmolt',101141"I"ng. X, 14'if 90 ........... DATE REa ERENCE suejECT: Assessment Paving of Seminary PAGE NUMRBER -919 Drive, Units 10-A and 10-B, of 2 3/14/66 0 Recommendation io It is recommended 1) That the Council approve a reduction in the assessment against Lots 12, 13, 14, and the west 15 feet of Lot 15, Vickery Acres Addition in the amount of $1,245.46 from $2,254.55 as shown in the original assessment rolls to $1,011.09 as shown can the corrected roll attached to this communication. 2) That an ordinance be adopted chasing the "hearing and levying the assessments as proposed:.. JLB,lp ; Attach. off ri l N� SUBMITTED BY: [DISPOSITION JW"00UNCIL: PROCEED BY Po4PROWD a&HER (DESCRIBE ' " , " CISECRETARY DARE CITY 14ANAO-9R " �