HomeMy WebLinkAboutOrdinance 7848 ORDIN ANCE NO.-
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_..-. . __ _EAST RICHMOND 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:
EAST RICHMOND AVENUE From Belzise Terrace to McCurdy Street, known and
designated as Project No. 013-024-274-00, 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-foot roadway.
Six-inch thick concrete driveways will be con-
structed 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-
^^ en~. are to be ~. ^~~~~..^^=d as and =^="= =^^"== "" 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 constructi I on of such improvements on the above said portion of streets, avenues and public
places. `
WHEREASand 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 m± the time and place fixed therefor, to-wit on 0n«eIter ,
1bmthe Council Chamber in the City Hall in the City of Fort Worth, Texas, and at
such ue^ong the following'
protests and mcnenuoos were made, to-wit:
'
that
`
protested`
that
'
that
-
----protested that
that
_-____-_.. that
'____ that
--protested that
---_—
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 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 "' THEIZEFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, THAT:
I.
';,lid hearing be, and the same is hereby, closed and the said protest and objections, and any and all other
w"otests and objections, whether herein enumerated or or not, be and the same are hereby, overruled.
11.
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 in proportion to the benefits to the respective parcels of property by
v 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
benefits received and burdens imposed, and further finds that in each case 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
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
y 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 impro\,�nwnts, and is in all respects valid and regular.
There shall he, and is herel)'vg, levied and assessed against the parcels of property herein below mentioned,
and against the real and true owners thereof (whether such owners he correctly 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 sante, and the owners thereof, its fill- as such owners are known, beino, as follows:
^ ~
IV.
Where more than one person, § corporation interest ity 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 murna above mentioned and uyoeoaed against the said parcels of property, and the owners
thereof, and interest thereon at the rate ofsix per cent (6('(' ) per muouru. together with /euanouWe attorney's
fees and ouato of toUaction, if incurred, are hereby declared to be and are made a lien upon the respective parcels
of property -.8adnet which the same are uooeaued, 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 he and
constitute the first enforceable lien and c\uinu against the property on which such uaaeosnueota are |evied, and
shall be u first and paramount Keo thereon, superior to all other liens and claims, except State, County, School
District and City ad valorem taxes.
The sums y* nuoeaued against the abutting property and the owners thereof shall he and become due and
payuNe as follows, to-wit: in five (5) equal installments, due respectively oil nrbefore thirty (30) days, n (1)
two (2)' three (3), and four (4) yeu,'u from the date of completion and acceptance of the improvements in the
respective unit, and the wmmeoanuents against the property abutting upon the remaining units shall heand become
due and payable in such installments after the date of the completion and acceptance ofSuch respective units, and
ahu|| h*or interest Yrorn said date at the rate of six per cent (8r( ) per uonu/n, payable annually nit|i each install-
ment, except as to the first inata||nuent, which ahoU he due and puyxh\a at the maturity ther*oy, so that upon the
completion and acceptance of the improvements in u particular unit, assessments against the property abutting
upon such completed and accepted unit ohu|| he and become doe and payable in such inmtu||rnentm, and with
interest from the date of o/6h completion and acceptance. Provided, hovvever, that any owner shall have the
right to pu7 the entire assessment, or anY installment the/eof, before maturity by payment ofprincipal umd
accrued interest. and provided further that if default nho|7 be rnuJ* in the payment of principal or interest
promptly as the yurne unxtorea, then the entire amount of the assessment upon which such default ismade shall,
at the option of said City of Fort Worth, or its assigns, be and become immediately due and payable, and shall he
coUectmWe, together with reasonable attorney's fees und cost of roDecdon, if iocuo'ed. I`DO\7lDED, however'
that i h h its dUlY ALItilorizedDirector of Public Wovks tileCitY of Fort Worth retains tile
authorize payment of tile sums assesed against abutting propert'v ul)O1l SUCh completed and accepted unit in not
more than fort.y-eight (.48) equal regular month],\, installments of not less than $9.00 each, the first of such
installments to become due and pavable not more than thirty (30) days after the comp letion and acceptance by
the Cit-v of tile particular unit. PR6VIDED FURTHER, that tile Cit'v Attoi,ne'v is lierebY empowered to authorize
.payments of sai_' -_- - lessev installments and/— over - longer_ period_ Of time in ----- in which_ the Directo'
of Public Works has previOUS1Y determined dhat on extreme bouo,W hardship upon the property owner will
otherwise result; and PROVIDED lrC|[TBClL that sud/ method of |m>noen<a uhxU be authorized oo|y in instances
where the owner orovvne/* of Vropeu d
h in- uVon such completed and accepted unit shall have executed and
delivered to tile CbrofFooY�odh x |unfu[ Valid and biodinl(r note and mcdwnic's and noxteriu|nnmn'u contract
upon to1-naau|4p|ied by the City arantingu noedmnic'y |ien upon and conveying tile anid abutting property in
trust to secure the )mYment h! said owner orowners according to the terms thereof of the sums omnea*ed u%uioat
such pnopedY.
VK.
If default ohoU he made in the px�ment of' uo' xspos^nienL xoUedioo thereof shall be enforced either by
the sale of the pruye h/ the '�eaeaam, ond Collector of Taxes of said Cit� as near as posaU`|e in the same rnao-
nerprovided forthd /�
emJeo� V�wper�� &/r �eur�'|`uYmeni of ad rxlorem �uxes. o/ at the option of the City of
Fort Wodh, or its asyignm, payment of said aomn ahuU |x+ emfx(:edi suit inxn! court ofcompetentjur�
bd�c-
uo, m� uo provided in any noerhxnic'a or o�u�eriu� un'* ,00�uu1 xa uYo/�vxN. ond said City shall
its lawful powers to aid in the enforcement and collection ofsaid 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 in force in the City.
VIII.
Although the aforementioned charges have been fixed, levied„ and assessed in the respective amounts
hereinabove stated, the City Council floes 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
hereinabove 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 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 Cite of Fort Worth, Texas, upon completion and accept-
ance by the City of the irrrpro\.ements in each unit of improvement as the \,v�orlc in such unit is completed and
accepted, which certificates shall the executed by the mavor in the name of the City and attested by the City
Secretary, with the corporate seal of the Cite impressed thereon, ;md simil the (payable to the City of Fort Worth,
or its assigns, and shall declare the said amounts, time and terms of lhayment, rate of interest, and the (late 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' kn(m n, description of the property 1)v lot and block
number, or front feet thereon, or such other desciption as may otherwise identify the same, and if the said
property shall be owned 1)y an estate, then the description of same as so ovo,ned shall t)e sufficient and no error or
mistake in descrilhirrg any property, or in giving, the name of the owner, shall invalidate or in anywise impair
suc1h certificate, to the assessments levied.
The certificates shall provide sul,stantiallY that it' saner sh;rll not 1w paid pronhptly upon maturity, then
the\. shall Ire collectable, ,vith reasonable attorney's fee;; and cl)".ts of rollocton, if incurred, and shall provide
substantially that the amounts evidenced ther•e))\- shall I>e (haul to thr Assessor and Collector of Taxes of the
City of Fort Worth, Texas, who shall issue his receipt tlherefor, which -,Imll he e\ idence of such payment on any
demand for the same, and the Assessor and Collector of Taxes sihall deposit she sums so received Ihy him forth-
with with the City Treasurer to he kept ;rnd held by him in �j separnte fund, and when any payment shall be
made in the City the Assessor and Collector of 'faxes ti;�on such r�ertific;tte ;;hall, uporh presentartion to him of
the certificate lry the holder thereof endorse said pa'y-went tlwl,00l. 11' certificate be assigned then the holder
thereof shall he entitled to receive from file City Treasurer the aniolint Imid upon the presentation to hire of
such certificate so endorsed and credited ; and such endorsee( rut ;rr?ri shill the the Treasurer's Warrant for
making such payment. Such payments lhy the 'Treasurer. sh;hll 1w reg-ul.ted I'm, the holder of such certificate in
writing and by surrender thereof when the principal, wiih ;i( dried intoi'ost and all costs of collection
and renson.rlhle ,Atoi-ner's fees, if incurred, have been paid it) fall.
Said certificates shall further recite suhstantiallV that the lrroceeslings with reference to making the
improvement,; have been re,gular•ly had in compliance with the <ind t ;it all pi-ci,equisites to the fixing of the
assessment lien against the proper•tv described in such i,erfificate ;nid r iw person>iI linhility of the owners thereof
have been performed. and such recitals shall Ire prima facie evidcnrt� (,,• :;Il the nr;rtters recited in such certificates.
and no further proof thereof shall be required in any court.
Said certikMcs may have coupon~ attached thereto in e��idence of ny eirch :w �rof fire several installments
thereof, or• may linve coupons for each of the first four installments, leavino� the main certificate to serve for the
fifth installment. which coupons may be pa'vable to the City of Fort Worth, or its assirgns marY he signed with the
facsimile signatures of the M—t,v.rr and City Secretare.
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.
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.
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.
7
PASSED AND APPROVED this _!�day 1 -
APPROVED AS TO FORM AND LEGALITY:
City Attorney
PROJECT NO. 013-024-274-00, EAST RICHMOND AVENUE FROM 13ELZISE TERRACE' TO McCURDY STREET, 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-foot roadway. Six-inch thick concrete driveways will be constructed
where specified.
BLOCK
OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
NORTH SIDE GRAHAM PARK ADDITION
Mrs. Willie Maston 12 13 135' Side lot adjusted to:
1925 Belzise Terrace Res. 100' Pavement $ .02 $ 2.0o
Fort Worth, Texas 76104 100' Curb & gutter 8.48 848.()()
85 S.F. Driveway 3.41 289.85
$1,139.85
Alley 15'
J. R. Bell 27 13 135' Pavement $22.73 $3,068.55
3220 St. Louis Ind. 135' Curb & gutter 8.48 1,1,44.80
Fort Uorth, Texas 76110 $4,213.35
Logan Street intersects (closed)
J. R. Bell 24 12 135' Pavement $22.73 $3,068.55
3220 St. Louis Ind. 135' Curb & gutter 8.0 1,144.80
Fort Worth, Texas 76110 $4,213.35
Alley 15'
R. E. Bo
rids 25 12 135' Side lot adjusted to:
112 Saddle Road Res. 100' Pavement $ .02 2.00
Fort Worth, Texas 76108 lOn' Curb & gutter 8.48 848.00 $ 850.00
McCurdy Street intersects
SOUTH SIDE
Bell Communications 48 23 1351 Pavement $22.73 $3,068.55
3230 St. Louis Ind. 135' Curb & gutter 8.48 1,144.80
Fort Worth, Texas 76110 $4,213.35
1.
PROJECT NO. 013-024-274-00, EAST RICHMOND AVENUE FROM BELZISE TERRACE TO McCURDY STREET,
continued,
BLOCK
OTdNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT
SOUTH SIDE GRAHAM PARK ADDITION
Alley 15'
Novikoff, Inc. 1 23 135' Pavement $22.73 $3,068.55
P. 0. Box 3500 Ind. 135' Curb & gutter 8.48 1,144.80
Fort Worth, Texas 76105 $4,213.35
Logan Street intersects (closed)
Novikoff, Inc. 48 22 135' Pavement $22.73 $3,068.55
P. 0. Box 3500 Ind. 135' Curb & gutter 8.48 1,144.80
Fort Worth, Texas 76105 $4,213.35
Alley 15'
Novikoff, Inc. 1 22 135' Pavement $22.73 $3,068.55
P. 0. Box 3500 Ind. 135' Curb & gutter 8.48 1,144.80
Fort Worth, Texas 76105 $4,213.35
TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) . . . . . . . . . . . . .$ 27,269.95
TOTAL COST TO CITY OF FORT WORTH. . . . . . . . . . . . . . . . . . . . . . . .$ 39,684.63
TOTAL ESTIMATED CONSTRUCTION COST. . . . . . . . . . . .. . . . . . . . . . .$ 66,954.58
2.
f
City o Fort Worth, Texas,
Mayor and oCommi/41mication
MUFF DATE REFER rlcE . suwEcT Benefit Hearing - Assessment PAGE
SMITH HIIRAB R Paving of East Richmond Avenue 1
11/2'1J78 G-3990 t Of
n
.m
On ',October 24, 1978 (M&C C-4397) , the City Council declared the necessity for
sub ordered the improvements for the assessment paving of East Richmond ,Avenue,
Project No. 013-0124274-00 as described below. A construction contract was
awarded to Austin Road Company in the amount o $50,627.58 and November 21,
19781 was set as the date for the Benefit Hearing. Adjacent property owners
were notified of the hearing by certified mail on November 3, 1978.
Project Description
Roadway Right-of-tray
Street Limits Width-Peet Width-Feet
Bast Richmond Avenue Belzise Terrace to 301 60
McCurdy Street
Origin of Project
This project was initiated by a paving petition, signed by the owners of 75 per
cent of the adjacent property and received in the Assessment Paving Office on
July 26, 1978. On August 8, 1978 (M& 3894), the City Council authorized the.
Public Works Director to design and advertise the project for bids.
Improvements
w Bast Richmond Avenue will be improved with residential grade hot-mix asphaltic:
concrete pavement with concrete curb, gutter and driveway approaches, on a
30-foot wide roadway, to match the existing paved portions to the east and west
of this 2-block section. Also included are required drainage appurtenances.
Assessments and: Enhancement
Residentially toned property adjacent to East Richmond Avenue is being assessed
$8.301 per front foot for pavement, curb and gutter, whereas property zoned
industrial is being assessed $31.2.1 per front foot, in accordance with Standard
City Policy. It is the opinion of the Public Works Director that all adjacent
y p �
properties will be enhanced in value by an amount equal to or greater than the
proposed ;assessment.
Recommendation
It Is recommended that an; ordinance be adopted closing the hearing and levying
the assessments as proposed.
CC:ms
Attachment
SUBUI°IY90 BY, DI POSInO BY COUNCIL- PROCESSED BY
APPROVED 0 t T14ER (DESCRIBE)
do to OIL pace N ,, Closin ; ClTi cRETAnv
DATE
ear p vain Aspssuenta.