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Home My WebLink AboutOrdinance 6090 FL.WORTR"�i ORDINAINCT DIM ORF)INANCE CLOSING HEARIN(".' AND LEVNINGASSESSMENTS F,'OR PART OF THE COST OF IMPROVING A PORTION OF PWRTH 1ALF RCS, JQMNSR9RrH STREET AN'D PORTIONS OF SUNDRY cryElt STREETS, AITENTiES AND P L IA _'E 1� THE CITY' (11" FORT NVORTH, TEXAS, FIXING (14ARGER AND IJF'RNS AGAINST ABUTTING PnOPERTY THEREON, AND AGAINST 'nIE OWNRIIS 'I'll ERE01": PROVIDING FOR THE C(.')'1',LECTION OF SUCH ASSESSMENTS AND "HIE ISSIUANCE OF ASSIGNABLE CERTIFI- CATES IN EVIDENCE THEREOF: RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RI SPECI'IVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTEI). DIRECTING THE CITY SECRETARY TO EN- GROSS AND ENROLL THIS ORDINANCE 1W C01"YING THE CAPTION OF SAME IN THE MUNUTES OF THE CITY COUNCIL OF" FORT %VORTII, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID (ITY: AND PROVIDING AN EFFECTIVE DATE. ad HETRITA51 the CRy of 102 %North, Tox:,, Wy hwTNfmv rakwal that each of the hereinafter described pertions ef streets, enwo and public plus in L he Cky and Fort o vAq lixas, he 01woved by imiMng, grading, Era C%g ,amc and by constructbig thereon to-Kt: NORTH HALF OF COLLINS WORTH STREET: From Wabash Avenue to University Drive, known and designated as Project No. 104-24000-183: a six-inch thick hot- mix asphaltic concrete pavement an a six- inch thick lime stabilized subgrade on the nu •th twenty feet of a forty foot roadway, with as six-inch thick concrete driveway 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 Ernelqt, Loy _. 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..,rll .__day of.,__ M-1-Y ___ ..__........_._, 19 tm 9 __, 1,.. 0r.. ° `1_ in the Council Chamber in the City Hall i�� the City of Fort Worth, 'texas, and at such hearing the following protests and objections were made, to-wit: protested that _,w...m.. _._ .. _ _...._,.. ,e....,,,..oa._. _...... __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 prvmr nt time in order to more _fully accomplish the purposes thereof, and all desiring, to be heard were q,,iven full amd fair opport"ruty to be heard, and the (Sty Council of the City having fully considered ail proper mal,tec is of the ophijun that the Ad henring should be closed and assessments AM be made Pwd WOed as herein or&re? NO"' TIER EFORE., BE 11' ORDAINED BY THE UTY (IMA(IL OF' DiE UTY OF FORT WORTH, TEXAS, THAT. Said hearing. be, and the �,,nme is hereby, closed kind Me said protest kind objections, and any and A other protests and objections, whether herein entinuqated or or nest, be and the some are hereby, overruled. iiw ]'I)(,, City, Council, Knii I he cvidenw, finds that the nssessments herein levied should be made kind levied against the respective parcels of propwily abuUhig upon thr paid 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 benchts lo the rmpNANe paiwAs of property by means of the improvements in the unit for "'11411 such assessments are VAN nild establish SUI)Ilautiald Justice kind (,quality and uniformity between the respective owners of the =1xvive properties, and betk�,,evn all parties concerned, considering the benefits received and AII•denS iMposed, and hirMer finds that in tw(di case the abutting property assessed is specially benefited in enhanced value to the said property by me ms of the said improvements in Hie unit upon which Me particular paqvily albuLs and for which assessnient is levied and charge made, in a sum in excess of the said assessment and chmge made against the same by this ordinance, and further finds that the apportion- ment of the cost of the inqniwvnuqOn is in meoAtrice with the �aw in force in this City, and the proceedings of the City heretofore had with reference to saki inquavemens. and is in all respects valid and regular. ill, There shall be, and is hereby, levied and as,so�,sed against the parcels of pn,erty herein below rnentioned, and agairist, the real and true o%Ters thervof ("Ilpther siml owners he correctly named herein or not) the sums of money itemised below opposite the description of the resp-eclive parcels of property and tile, several amounts assessed aginst the same, and the owners thavok as hu- as such owners are known, being as follows: 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 d&°Aared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a pevsonal 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 v 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 (6'( ) 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 y installment thereof, before maturity by payrnent 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 v 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 v authorized Directoi• of Public Works the City of Fort Worth retains the right to authorize payment of the Sums assesed against 21AItting property upon Such completed and accepted unit in not more than forty-eight (48) e(jual regular monthly installments of riot 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 FuPTjfE,R, that the OtY Attorney v is hereby empowered to authorize payments of said surns 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 FURITHER, that such method of pa'yments shall be authorized only in instances abutting the owner or owners of property abuttin 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 materi,aflinan'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 by 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 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 as near as possible in the same man- ner provided for the sale of property v for the non-payment of ad valorem taxes, or at the option of the City of Fort Worth, or its assigns, payment of sand SUrn,4 shall I)e enforced by Suit in any court of competent jurisdic- tion, or as provided in any mechanic's or materiadman's contract as aforesaid, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. V11. q, wai angmt anwowd agminy th, ivs,eniv. va. of nutting, tiv) We =nuis thereof, is in "u"O'co-damo txJflr UW i W0('NNH lg'�S d' tlH,, 7(j and thereof, and is Less than thv InupoWn or the A ASIA A Qkh to Qv the A" iu KA, in thse hy, vni, AlLhou,(rk the aforpmentApned W11101 haW IWAI AM, W&K and iit the MGM= Antut the CRY WMT j)4 8 hurld'y rfavinn- dill o MA the QU redulue thi_ aforementioned assessments by crefhL�,, lo cert"In proppily unynovs iN here dnennod appn1whLy ?WwHhsWndWg the City t✓ounclfl has heivin reserved We tight io is c ( it, shdl not V)e, re(piirvd to Itie, O.iR credPs, and �vill not do so, H same "WUH result hi anv Nj�,,aiLy itnhl 'Pi une u A 'Fhe prindpo"d arnoura of, (,,�avh ot* lhe �,�o�sessmenL uvr1jHta1,Os 6e ksi,ied the Cit :y of Y'ort Wort Texots, as herernaflvr �;&H by AM and W111HIned by he iirrfoirnt of any oi, sessrnent hereinabove levied such aniount. w,, am1Yura4 , lip , ms nm; &WOr 1w b"', E,hc (ILN' as a Credit agaim,t the respe • i%,e F"or Lhe purpo,;��,e d, t111, itd� k-s• paiviek of AM, IwW- erty and tho ow nor,, thereof, aind tho, 1 me ' Jrjd �orn,; Cif a Id Io ski d in, I he enforceyment iiard (::ollection thuTeof, assignalk rurAWKW in 10, wim.ipiI[ Iw,,urjd fd' if We wssysxnwTJN Nss I hu muount of any re- specAiN('r rredit 'aHwxo�i i ,,ut'd h:c f i,v ( )r,v l,t—Ful I 1011h, Ax wt upon rompWihon and aumpt- mwe Iq the (Ty of the AnprovPnwwy IN VU; h LHO U! QwnVPHHqU WA the V"Wk iff auch unit llte vorrtpleted and vdlich (01 Hicates ShA ^w U 1 h 1) 1 w t, ottt, of the U;t'v "mul 0,6es o hy, the City seureW11% qua Ah thil 1"U1HA1151 &A 'T h" fly MjWVnA,d 151"On No! : 1tdl hf, pnyn1de to Hue My"f Wil Worth, or it.-, and ak'o dao ('1w i)id �h(d N1 ti i,4 J,),o rifl,v (NI' and (he date of the imd a(',I opklncc r), �!w m[p[ �J�W im,,' 11p(in m h pr�,Jwrl,%' for vvhleh 'Hlo certificatv is QUM, am! SW vmoak TP ;Wnr, (A I 1W 0 in r W "l " r", H 1, 0181 � VW1�,0[ Id, thc., hit' lot and block nuintwt% or wyn duel thw,on (ir min ah; r cv: t 0- n N5 Im yhnlyi ,t, (,he, and if the propeily, shod I he own N I by an es I a In, 1 lo ni 0 1 W�A W 11 SMHC at ,0 wWd Aia I ii(, and no en,ror or AMA in d✓ schNnv any f') in �" M,,� Ow (J lhw hA Wshloe or in anywhe impMr such (019111C AU, W Ap kwwc{ Tht:l ow, ;�h r = �(I) �Ah I a I "', : Mln no", )�_i py»id prmnpd,v upon rnaturity, then they r'hn,h he ,61k l'aw,: i!Jd ('I ji('1j, Iacavrod, itnd •ihall provide substantinHy lh O t11( , 'J,k,m .,d flwi� h�,,H )", : id to th( CoHeclor of 1'a .es of the (Q of Art Mrrlh," k Naa wlw "+, i i, -1 ,, JJ vchiHi ;h H la� of such paymont on any 6.n-nwA for the ;•ariw, and 'ohe (hd i, 11H, 1"', p jlo' "11"p; SI) 11"eivP(i Qv On forth- 4vith %,�Jih kIs- j(1 h" �°JJ ,H 'n `:lid JY'�Jvrnc'nt shall bo lm,,-;der in tho ('fty t1w Ans;^,l Sol and I vo, k,i of ail w etJmn Lo him of the cedi0cato by 10 W&W Aw"A iqyhm�- 'Phi 104 HnnH I hanA, H . iwh ci& 16 ate In, vssigntA thwi Lim holder thtwed radii H be vat A hN U) 1`006 Vol FI A 0 H H", ;momm! InAd upom AR, presentation to him of s1wh Ivilificatp so d ;ItId ,1_0 id Md °dh;!H 1)(,, lh l Warrant for nrawng •MNI paynwyt. SH( hjmV;a;Vy h,� 1w I, ho, fhr, htddo,r of ^ ei'LificO,e in Wthg and by surva"k. AwI40, V011) W, m, p�P, I i I d I i ('o"',ts 4)I Co I lee tiol I aYl(d 4 s o n, "il e a�i Io r t I ".,," i,r ii" Ion � ? 2 1,,1, " I ,-I I I i�[ t'f Said tvil ineaks .�hi�di fii I I f s,r ,6'' r)".f G t f i I I h I i "'w i ve i'(,' to making the improvements havv bee, -onkyly hip' ih ,m pp koi( h f;w 1;l ;dj pr�,i to the fixing of the j ent d i I,n a g, u n s 1 t I I e 'I I r o 1", ! I u t, ,i r s, ,I )Y ;1, ,l 1 i, ""t I I I ,j i, i t I d!i I i I, f t d N e wv ners thereof 1mve Iven jviTornDQ. aid PI, I, i l';_ N LI IV liiiil P i J1, ("I ikq" in such ceftifioates, and no ru ri i i v r p n oo T Y I e rv�j t 1 13'' 1i 1 11 ,mild covt i fk, cs 111th,` I i I "'P `1, i � I i, tho irrsAaHrnents Wivor, 01. Imly hovp voula"I AU VW K 10 1 K� WAL f""j WUMM iii N, W I hu n0m nuAkale to vwrvp for the Hfth cuupwl, P)i, J,:Ia 'i! 1, Il* V',, frl h, or l � n�,%, d0u, signed v th the facsiniip(, "Jg;1atur(':z o)f the jind ('If,. ................ ^ ~— ~ . ° . Said certificates shall further recite that the City of Fort Worth, Texas aboU exercise all of its lawful when requested so to do, to aid io 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 abuD not be necessary that the recitals heio 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 toany yrerniaoa exempt from the lien of such uauemaooeuto abuD not in anywise invalidate, affect or impair the lien of such uuaeoaroento upon other premises. X. Full power to make and levy rouuaeomrneubm and to correct mdatubmm, errors, iovaUJitiea or irregularities, either in the uooeuuozeota or in the certificates issued in evidence thereof, is, lo accordance with the law lnforce in this City, vested io the City. X1. All uoaeomrueotu levied are u personal liability and charge against the reoluud true owners of the premises described, notwithstanding such owners may not be oucued' or may be incorrectly named. X11. The aaueuarueoto au 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 uonemanoenta in any other uuit, and in making aaoenocoeutu and in holding said hearing, the amounts uaoeumed for improvements in any one unit have been in nowise connected with the improvements or the assess- ments therefor in any other unit. XDD3- 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 11O5bofVernon's 'yexua Civil Statutes, which Act has been adopted as an amendment to and made a part ofthe Charter of the City of Fort Worth, Texas. XIV' The City Secretary is hereby directed to engross and enroll this oz8iuuoom by copying the caption ofsame in the Minute Book of the City Council of Fort Worth, Texas, and by fillo8 the complete Ordinance in the appro- priate Ordinance Records of said City. Xv. This ordinance abuU take effect and be in full force and effect from and after the date of its passage and itivanordained. . � T`/\SS]BD AND APPROVED this -day of APPROVED AS TO FORM AND LEGALITY: ('0/ City Attorney FORT WORTE, TEXAS TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS. Gentlemen� In accordance with the proceedings of your Honorable in I have prepared estimates of the cost of street improvements as shown below,. Estimates of the total cost of improvements on a portion of _110',RTH Ii LIFO OF COLLINSWORTH STREET and portions of sundry other streets , avenues and public places in the City of Fort Worth, Texas, and estimated amounts per front foot to be assessed against abutting property and the owners thereof, on each portion of street, avenue and public place are as follows , to-wit! NORTH HALF OF COLLINSWORTH STREET FROM WABASH AVENUE TD TJNTVEMS1'11.y DRIVE to be improved, by constructing a six-inch thick hot-mix asphil tic-coni-r-e-te---p—a-v-v-n'eiiE an a six-inch thicl,: lime stabilized subgrade, seven-inch high concrete curbs and two-foot wide concrete gutters an the north twenty feet of a forty foot roadway and by constructing a six-inch th%k concrete driveway where specified. The fa lloving assessment rates have been established: Seven-inch curb and two-foot gutter. . . . . . . . . . . .. . . . . . . . . . .$4.48 g.ia°. Six-inch hot-mix asphaltic concrete pavement. . . . . . . . . . . Si. c-inch thick concrete driveway. . . . . . . . . .. . o . t _ o. . . . . . . o 1.22/S.F. The assess resu.1ts in the following division of costs- Total cost to Property Owners. .. . . . .. oo . . . v .$5,227.70 Total cost to City-of Fort Worth. . . . . . .. .. . . 4,89c.82 TOTAL ESTIMATED CONSTRUVION COST. . . . . . . . .. . . . . . . . . . . . .$10�1,18.52 PROJECT NO. 104-24000-183, NORTH -L OF COLLINSWORTH STREET FROM EAST LIVE OF WABASH AVZIF.1 2 TO UNIVERSITY DRIVE, to be improved with six-inch thick hot-mix asphaltic concrete pavement, on a six-inch hick lime stabilized subgrade, seven-inch high concrete curbs and two-foot wide concrete gutters, so that the finished roadway will be 40 feet wide and by construct- ing a six-inch thick concrete driveway where designated. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT MICHAEL HUGHES ESTATE Mrs. Gladys O'Reilley Tract 6 4001 Pavement $8.33 $3,332.00 c/o Dr. Charles W. Ind. 400, Curb & Gutter 4.48 1,792.00 Drechsel 111 85 S.F. Drive 1.22 103-70 1414 Texas Street $ 5,22'T JO Fort Worth, Texas 76102 COST TO PROPERTY OWNER - ASSESSMENT $5,227.70 COST TO CITY OF FORT WORTH 4,890.82 TOTAL ESTIMATED COST $10_,118.52 MWAMN LINE Mayor and Council Communication AORPHIS R.& B. DATE REFERENCE SUBJECT: Benefit Hearing - Assessment PAGE 5/5169 NUMBER Paving of North Half of G-1360 of 1 Collinsworth Street I On April 7, 1969, the contract was awarded for Assessment Paving of North Half of Collinsworth Street and May 5, 1969, was set as the date for the Benefit Hearing (M&C C-1458) . Unit Street Limits Width ROW I North Half of Collinsworth Wabash to University Dr. 20 feet 30 feet Recommendation It is recommended that an ordinance be adopted closing the hearing and levy- ing the assessment as proposed. HDM:ms Attachments : "A" - Resume of the Project "B" - Distribution of cost and assessments and Engineer's Preliminary Rolls SUBMITTED BY: DISPOSITION-,BY COUNCIL: PROCESSED BY APPROVED FJ OTHER (DESCRIBE) /C_ CITY SECRETARY 4, jCZZO,vim DATE CITY MANAGER 1z PROJECT NO , 104 - 24000 - 183 NORTH HALF OF COLLINSWORTH ST. COLUNSWOUH STREET CD r us° � Z °irk r+ imwxiww.e wwu w.w�rviiwnmmew.aw.wwrexrn'+waM From Wabash Avenue to University Drive FORT WORTH, TEXAS . ............M,..._. TO r,IW, HONORABLE CITY COUNCIL OF 1HE CITY OF FORT WORTH, TEXAS,, Gentlemen: In accordance with the proceedings of your Honorable Body, I have prepared estimates of the cost of street improvements as shown below., Estimates of the total cost of improvements on a portion of NCB g i kKE . OF COLLINSWRTH STREET and portions of sundry other streets, avenues and public places in the City of iort Wor Th, Texas, and estimated amounts per front foot to be assessed against abutting property and the owners thereof, on each portion of street, avenue and public place are as follows , to-wit, NORTH HALF OF COLLINSWORTH STREET FROM W AVVMENRUJF, DD UNDFiSIVY' DR'1-V1,7 to be improved by constructing a six-inch thick hot-mix aaphajEjZ7T--n-(.,iZs'7 as paverwiR on a six-inch thick 11ma stabilized subgrade, seven-inch high concrete curbs and Lyoro-foot wide concrete gutters on the north twenty feet of a forty foot roadway and by constructing a six-inch thick concrete driveway where specified. The following assessment rates have been established: Seven-inch curb and two-foot gutter. . . . . . * . o . . * . . . . . . . . . . ."aid. IA.P . Six-inch hot-mix asphaltic concrete paxei'ma�nt. . . . . . . . .. . . . . �3-3 3/L.:Ia'- Six-inch thick concrete driveway. . . . . . . . . . . . 0 . . . . . . . . . . . . . 1.22/S.F. 'Tice assessnant results in the following division of costs: Total cost to Property Owners. .. . . . . . . . .. . . .$5,227-iii Total cost to City of Fort Worth. . .. . . . . . . . . 4,890. ,25 TOTAL ESTIMATED CONSTRUCTION COST. . . .. . . . . . . . . .. . . ... . .$1o,118.52 PROJECT NO. 104-24000-183, NORTH 1 OF COLLINSWORTH STREET FROM EAST LINE OF WABASH AVET-75 TO UNIVERSITY DRIVE, to be improved with six-inch thick hot-mix asphaltic concrete pavement on a six-inch thick lime stabilized subgrade, seven-inch high concrete curbs and two-foot wide concrete gutters, so that the finished roadway will be 40 feet wide and by construct- ing a six-inch thick concrete driveway where designated. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT, MICHAEL HUGHES ESTATE Mrs. Gladys O'Reilley Tract 6 4001 Pavement $8.33 $3)332.00 c/o Dr. Charles W. Ind. 4001 Curb & Gutter 4.48 1,,792.00 Drechsel 111 85 S.F. Drive 1.22 103-70 1414 Texas Street $ 5)2271 -70 Fort Worth., Texas 76102 COST TO PROPERTY OWNER - ASSESSMENT $5,227-70 COST TO CITY OF FORT WORTH 4,890.82 TOTAL ESTIMATED COST $10,118.52