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HomeMy WebLinkAboutOrdinance 5849 ORDINANCE CLOSING HEARING AND LEVYING.ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF__--WATSON_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 heretofak,e ,pdered that each of the hereinafter described i CA tkir�s of streets, avenues and public p8,aces in Of C C.ty Of Fort Worth,Texas,be improved by raising,grading, or filling sa.nw, and by constructing thereon to wit: 1, WATSON STREET From the north line of Meadowbrook Drive to 262, North of Meadowbrook Drivel¢mown and designated as Unit No, 1, Project No. 104- 24000-163, a 6 inch Hot-Mix Asphaltic Con- crete Pavement on a 30 foot roadway. 2. BEAMAR STREET From the east line of Edgewood Terrace to the west line of L nnhaven Road, known and desig- nated as Unit No. 2, Project No. 104-24000-163, a 6 inch Hot-Mix Asphaltic Concrete Pavement on a 30 foot roadway. 3. BENMAR STREET From the east line of Lynnhaven Road to the west line of Montclair Drive, known and desig- nated as Unit No. 3, Project No. 104-24000-163, a 6 inch Hot--.Mix Asphaltic Concrete Pavement on a 30 foot roadway. 4. MENZER STREET From the east line of Shilling Drive to 135' East of Shilling Drive, known and designated as Unit No. 4, Project No. 104-24000-163, a 6 inch Hot-Mix Asphaltic Concrete Pavement on a 30 foot roadway. 5. QUEEN STREET From the north line of Briarwood Lane to 1451 North of Briarwood Lane, known and designated as Unit No. 5, Project No. 104-24000-163, a 6 inch Hot Mix Asphaltic Concrete Pavement on a 40 foot roadway. 6. PYRON AVENUE From the east line of Jenson Road to the west line of Wilson Road, known and designated as Unit No. 6, Project No. 104-24000-163, a 6 inch Hot?4Iix Asphaltic Concrete Pavement on a 30 foot roadway. 7. STARK STREET From the south line of Hightower Street to the south line of Meadowbrook Drive, knch and designated as Unit No. 7, Project No. 10,4-24000- 163, a 6 inch Hot-Mix Asphaltic Concrete"`Pave- ment on a 30 foot roadway. 8. MEADERS STREET From 10501 South of Meadowbrook Drive to the south line of Meadowbrook Drive, known and designated as Unit No. 8, Project No. 104-24000- 163, a 6 inch Hot Mix Asphaltic Concrete Pave- ment on a 30 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 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 GENERAL CONSTRUCTION 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 l- hday of SE TaiBER 19 67 _, at 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 ..__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 all 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 I1' ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: 1. Said hearing be, 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. I I. T1l e -'it fi 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 means of the improvements in the unit for which such assessments are levied, and establish substantial justice and (!quality and uniformity 1)etween 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 ba�nefited in enhanced value to the said property lay 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 with the law in force in this City, and the proceedings of the Cite heretofore had with reference to said improvements, and is in all respects valid and regular. Ill. There shall be, and is her-eby, levied and assessed against the parcels of property herein below mentioned, and against the real and true owners thereof (whether such owners be 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 same, and the owners thereof. cis far as such owners are known, being as follows: IV". Where snore 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 (6c,r) 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 clue 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 Works 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 (18) 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 exh•eme financial hardship upon the property owner will otherwise result;and PROVIDED FURTHER, that such method of payments shall he 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 nota and mechanic's and rnaterialman'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 I)Y said owner or owners according to the terms thereof of the sums assessed against such property, t'I. If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the propert'v b'v the Assessor and Collector of Taxes of said Cite 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 be enforced by suit in any court of competent jurisdic- tion, or as provided in any mechanic's or materialman's contract as aforesaid, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. VIL The total amount ra9sessed rg,,Jnr~st Ole rC'Sp octk,e prrrr•CvIs of arlautt,ro, property, rtnd the owners thereof, is in accordance v ith the p'rrooeedlir s of the CHH xOal.usrg' to s°,It l intpur rverp a^rtl and assessments thereof, and is less than the proportion of the cost aallolv('€l aavw i perndtte(i lar the l,ryin V'carre to the City. Vill, Although the aforemerrtionc4l elrarrV s brave been fixed, levied„ grid assessed in the respective amounts hereinabove stated, the City Connell doo hereby reserva� unto itself the right to reduce the aforementioned assessments by allowing credits to certain prrolr,wrty owwnvrs vdwre aleeme d appropriate. Not°with stand ing the City Council has herein reserved the Hglat to a ,tee cr°sedwticw, it rs(wralp not Ire regrrir,r�;d to issue credits,and will not do so, if same would result in any equity and,/(a, u,uaajum cil,r r°rrrerrr,aflie>ra. The principal amount of, each of the sovrsal Isserssceuwnt cortifra atess to be ussned the City of. Fort Worth, Texas,as hereinafter provided,sh;afl be l°xed .ararl deter•rnined by dedusc.tirt�p�� fronb the Fannount of any assessment hereinabove levied such amount or amounts,, if aurr,t�, >w rn a,v h r•oaaftor ho allowed by the City Council as a credit against the respee lve assessrn tints. IN, For the purpose of cvideneinc, th" swcva �d rsomis r ars,c,"r l ngawwrst the iesprectivu par°eek of abutting prop- erty and the owners thereof, and the^ deme arrrd of prryrnvnt, ww A to raid irt the enforcerrrent and collection thereof, assignable certificates in tho principal wnomif of tit(, r rr,<p €fir e assessments less the amount of any re- spective credit allowed thea eon, r,,h,rll lw ilrsttvd th, Cit,, �4 Perr C tVortlj, feNas, upon cornpkAion and accept- ance by the City of then improver^wrwni,s in ,raa I unit r�l'r�rklra�srw�ararernt ,�s tlre�� wank in such unit is completed and accepted, which certifica't.es shall lcc cjc,arr ,d Cc,�r Clear rnnyror in IIto t,a nv of Chas dirt,, and attested by the City Secretary, with the corporate, ;oal of tlra= 6¢a iwrw{na a>cl iV;e�a•con,awl ,.leak w,o- 1paynble to the City of Fort Worth, or its assigns, and shall doclar e Ole ,, i,l ,.rcwa rwwrr.,, ikno ,m d w,rmw , ov pr,u}°rsaa nt, rau k, of interest, and the date of tine completion and ;accelrfmr (e ofihr iInpim err,:=ra.. rlaw.rr.tmg, upon ,ivh ppropaert,v for which the certificate is issued, and shall <:ontrain Cita rear w , f, tltar } m wr I l—, it i:N,Ah N,dCd,.c i al,t irar'a ui t lac pi open ty b,y lot and block number, or front fopL thcreoiI, air, .•tach ,,[hefc,.°i,,u as ra rrw.r;c l;A otwvi:w idontrfv the s,a rne; and if the said I)roperty shall be owned ley an a^�oala', rTicarr tlu, !('s t ipti'm oC ,ro w,=a, cw j w nt,(I sh,wll bc�:;ulfrcicnt r-w.nd no error or mistake in dce:sc:rihinit an} ppr+pc�e ta, err ire Ow rurni,, of Ow ,rvoore hall invalida(e or in anywise impair such certificate, to Lhe lovki (L The cer°tificrtrir Y rahaall hour"°ielo ti 0 if ,mwe^ ,hawh not Its pwarid prorwapHv upon maturity, then they' shall he cr)llect ihly, wrtl; Vire=, arnrl cw:t. �4 ci>llc, lion, if' lrwer,rrr°¢ed and shall provide substantially that tGtr arnmmts =,rr hrwro:-ri ilio-u'ofwr aa' i,iirl 1.or the rand CoUcciorofTaxes of the City of Fort Worth,Twas, v hei €i id I.0 loc-rep, Hh,,rMo., ,Ohl (It ho at,,irlepwo or au(h paryntioat on any demand for the zsaarnc, ,ward the A-1 ,w r:m €aril o I'I<*, „a° trf.1,r„ ,It.rll ;A)gy r,un[u i I;o raceived by him forth- with with thu Cit.v I re=ar mr<lr ler lw kvpt <In 4 l cdel lar hili or! .r ,e>pair�ih' flin l autd ,,,Awn -any payment shall be made in the City the Apse!;sov and t°� liar*aha i uf° To'xo tl!' wr �wk st r Ukcadx shall, wrpon pua,sentcaLion to him of the certificate hY the holdc r Uwge oof <nd ar a .t61 Ir,ry rete=ret I Iwerv(� l'. H' ,rc:h w e rLwli,artc iAo zarsrJgyned then the holder thereof shall be entitled to recf,ir v I ro,w Lht, ('11 l r o ua Tui e r I ho ,rrwra imr , pr kid upon 4 he pres(,ntation to him of such certificate so ondorsesd and rrodiled�„ weld .stpIt ,nd,jrs, ,mnr srwal r,rcll( shot d Ito the`fl°r,,r.,urea^r's Warrant for making such p<a}wMO)t. ';Wh pw%nta rw ,; 'liv +leo, r. sl .11 It,, foe l.he h0der of such certificate in writing and by surrendor flw,(�w' ,vel a,n 1Iw- print,l iA, t wkr. , i ood erred=rv,;,t and all costs of collection and reasonable ;at:trrne}"s, foes, if �au urrod :iE , , la,,r Paid in.l`dL Said Certificates !dmil fmfliar. flw viLh reference to making the improvements have heon remlarH, hs ld ire f iw 1w,t, ,mci that,all lar ra q uisdes to the fixing of the assessment lien against the I reriw, (N,s, r 'rwrl in m lw su,wl l t,r, facdwlilrtt'of the owners tliereof have been pert`or°rut,�d, ',I,n i zm�h rarc,wtas norUod in sirch certificates, and no further• proof theerooi ,sell Ir, j^^qujra d 'i€t ar t." vow t. Said certjficatc^. rnart h;reea c e,tan„raga :wrr,u lwd iM ,Tota; err;m oi`the several installments thereof, or mow have cwtp one ; fm o,,w w (A H­ Iwrxt i")iar in ,wl1r„�srrt,, 7+rawirr�Y th” rmJn erlificate to serve for the fifth insta'llrrawer'rt. which coupons, tmu v lw, Tit rfx a"Ih ,f p-ort tt uwl'h, raw, lt��, ar. :iy,,ra<,, rata,v be signed with the- facsimile hefacsimile srp;nAllr€'s of Ow Nita w ,ural r''it, S",i•0t try. 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 malting 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. 47 PASSED AND APPROVED this /,!! day of.... APPROVED AS TO FORM AND LEGALITY: __.._ City AttorncY City of Fort Worth, 'rexas 11Ac',,AAfl,,dV4 Mayor and Council Communication UNE PATE REFER110E SUBJECT, Benefit Hearing - Assessment PAGE C5=1AHA,A HUMBER Paving at 8 Locations on the 9/11/67G-1135 East Side I of —11maw Ot!'Au, gust 14, 1967, the contract was awarded for assessment paving at eight locations on the East Side and September 11, 1967 was set as the date for the Benefit Hearing (M&C C-1035). 1he project includes the following units : Limit t§ e , u1ni Roadwav Width I Watson Street Meadowbrook Drive to 2621 north 30 50 2 Bentuar Street Eagewood Terrace to Lynnhaven Rd'. 30 50 3 Benmar Street Lynnhaven Road to Montclair Drive 30 50 Menzer Street Shilling Drive to 135' east 30 50 5 Queen Street Briarwood Lane to 14,5' north 40, 60 6 Pyron Avenue Jenson, Road to Wilson Road 30 50 7 Stark Street Hightower Street to Meadowbrook Dr. 30 50 8 Meaders Street .1050' south of Meadoubriook Drive 30 50 to Meadowbrook Drive It is the opinion of the Public Works Department that each parcel of property is benefitted in an amount equal to or in excess of the amount, recommended for assessment. Recome.n4ation It is recommended that an ordinance be adopted closing the hearing and levying the assessments as proposed. 10M.I -The following summaries are attached- "A" - Resume of the project "B" - Distribution of tht-,, cost and, results of Poll Card Survey and Engineers Preliminary Assessment Rolls. ORD offs & all ——---—---------- SUBMITTED BY: DISPOSITION UNCIL; PRO, pEss BY 6WPROVED go-64'H`ER (DESCME) "V` CITY SECRETARY 111�11 4�> PRO 11"4 CITY MANAOSIR P 14 ..........