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HomeMy WebLinkAboutOrdinance 5100 ORDINANCE NO. OFFICIAL RECORD CITY VQg ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FO PART O OF IMPROVING A PORTION .OF_—— Sen inary Drive AND PORTIONS OP' SUNDRY OTHER STREETS, AVENUES AND PU 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 pertiona 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. 1. Seminary Drives From the PAissouri and Pacific Railroad right-of-way to Carter Park Drive, known and desi, nated as Unit No. 1-A, a 1-i inch hot mix asphalt concrete surface course on a 2 inch hot mix asphalt concrete binder course on a 10 inch flexible :case (crushed lir:estone) on a 60 foot roadway. 2. Seminary Drives From Carter Park Drive to Old i'ansfield Road, known a:ic desi.nated as Unit 1-Fs, a 12- inch hot mix asphalt concrete surface course on a 2 inch hot mix, asphalt co.icrete binder course on a 10 inch flexible base (crushed lirriesto..e) on a 64 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 S. .O. Asphalt, inc. 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 purposed said hearing was given and said hearing was had and held at the time and place fixed therefor,to-wit, on the 20 day of .Tanuar•,r 19 64 at 9:30 A.,,!,* 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 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 objections, and any and all other protests and objections, whether herein enumerated or or not, be and the same are hereb,v, overruled. I I. 'rhe City Cormc-il, 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 n 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 Lrenefits 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 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. III. There shall be, and is hereby, levied and assessed against the parcels of property herein below mentioned, and against the real and true owners thereof- (whether such owners be correctl%- named herein or not) the sums of money itemized l)elow 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, being 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 (6�4) 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 r.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-r) 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 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 (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 Citv 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 by said owner or owners according to the terms thereof of the sums assessed against such propert}y. 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 City 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. 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 does hereby reserve onto 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. 1X. 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 City of Fort Worth, Texas, upon completion and accept- ance by the City of the improvements in each unit of improvement as the work 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 shall be payable to the City of Fort Worth, or its assigns,and shall declare the said amounts,time and terms of payment, rate of interest, and the date of the completion and acceptance of the improvemea! . shutting upon such property for which the certificate is issued, and shall contain the name of the owner w ❑yrs,if known,description of the property by lot and block number, or front feet thereon, or such other de�,c n , . as may otherwise identify the same; and if the said property shall be owned by an estate, then the description of same as so owned shall be sufficient and no error or mistake in describing any property, or in giving the name of the owner, shall invalidate or in anywise impair such certificate, to the assessments levied. The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectable, with reasonable attorne.'s fees and costs of collection, if incurred, and shall provide substantially that the amounts evidenced thereby shall be paid to the Assessor and Collector of Taxes of the City of Fort Worth,Texas, who shall issue his receipt therefor, which shall he evidence of such payment on any demand for the same, and the Assessor and Collector of Taxes shall deposit the sums so received by him forth- with with the City Treasurer to be kept and held by him in a separate fund, and when any payment shall be made in the City the Assessor and Collector of Taxes upon such certificate shall, upon presentation to him of the certificate by the holder thereof endorse said payment thereof. If such certificate be assigned then the holder thereof shall be entitled to receive from the City Treasurer the amount paid upon the presentation to him of such certificate so endorsed and credited; and such endorsement and credit shall be the Treasurer's Warrant for making such pavment. Such payments by the Treasurer shall be receipted for the holder of such certificate in writing and by surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorney's fees, if incurred, have been paid in full. Said certificates shall further recite substantially that, the proceedings with reference to making the improvements have been regularly had in compliance with the law,and that all prerequisites to the fixing of the assessment lien against the property described in such certificate and the personal liability of the owners thereof have been performed,and such recitals shall be prima facie evidence of all the matters recited in such certificates, and no further proof thereof shall be required in an.-court. Said certificates may have coupons attached thereto in evidence of each or arry of the several installments thereof, or may have coupons for each of the first four installments, leaving the main certificate to serve for the fifth installment, which coupons may be payable to the City of Fort Worth, or its assigns may be signed with the facsimile signatures of the Ala.vor 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 ments therefor in any other unit, 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 11051)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_ _day of_ 19_ APPROVED AS TO FORM AND LEGALITY: City Attorney i Up +R a► 1 aW 4W w es �r► to i 1-4 I ca c o N ., i 40- !4 !W !91 !& 4& iW p� I pq � W 1 V 1 I ro .. I v I .-i i — N o. . — T +- 40 -W � ers �r eg err J P4 pp C9 Ri pay P. 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EA'o QiP oP4O w �I E E, �U �e M L Pi aUW2 - - Ef)0 rl El o 1-4 E �1 Cp�, O , c n m u m E V4 O 41 O C) N v C) �i rs u Ea M I' at C) O 41 a > r. : E, 4 -� Gi r��ry .•-t tt1 ® A ,--t o rj C7 Q U cJ O 0 � to to 1) t"i In— en O E rb v E+ M r W C! 0 0 C: E-4 El H r H A w 14- w h El p� G. a � P. r4 T� LN 1 E4 m z I c z - - P4 ftq ' H co E-4 p, l A o O e � . 0H U ". p E O _ys rq .a Cf 4D O L Q h� C SM O E 1 City of bort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: PAGE NUMBER 1/20/64 G-597 Assessment Paving Seminary Drive for l On December 9, 1963, a Neighborhood Hearing was held in the C,cuncil Chambers at the City Hall for Assessment Paving on Seminary Drive from Missouri Pacific Railroad to Old Mansfield Road. Attached are the following summaries : Attachment "A" Resume of the project. Attachment "B" Distribution of cost and assessments ; results of post card survey. Attachment. "C`I Assessment rolls in alphabetical order. It is the opinion. of the Public Works Department, that each parcel of property is ben4fitted inan amount equal to or in excess of the amount recommended for assessment. It is recommended that the assessment against the Park Department property be waived as outlined in Attachment "A". It is recommended that an ordinance be adopted closing the hearing and levying the assessments as proposed. TLV:GA Attach: OFFICIAL RECORD CITY SENITARY FT. WORTH, TEX. SUBMITTED BY: DISPOSIT BY COUNCIL: PROCES D BY / APPROVED OTHER (DESCRIBE) ' CITY SECRETARY levying "de"Mats. DATE CITY MANAGER _ ATTACHMETV, A,? -Y OF rlop..rH PAGE I of I Pup-LIC -e'IORKS, DEF-R1W---Ni- r-NGtN-':'ER1NG DIVISION OFFICIAL RECORD ASS�ESS"AEDU PAVING CITY SECREETARY SE:71TNARY DRIVE FT. WORTH, M%'. PROJECT IN0. 097-24-000-106 RESUNE, Of ME the Public Works Department conducted a 0iqt-,borhood 'Rearing in the Council Chambers at City Hall on December 9, 1963,, for Assessment Pavinaon, Seminary Drive, L;-_oJei;_t No. 097-24000-108. There were five 15) 1 , people pi-esent. The overall assessment: paging program was explained. T-1r, 2,, '-. McNh;llin, the owner of a P-orsery at 1171. E. 3em-Lna.ry Drive, objected to the actual construction of the project during Elis peak business period which is during winter and early spring months. He stated that he is not opposed to the paving Of the street- but that the interruption in the flow of traffic, resulting from the z'on- struction could jeopardize his busirless. A strip of property owned by the Park Department is recta iced for widening Seminary Drive. The major portion of this property is inaccessi ,.-I le from Seminary D-rive; therefore, it is proposed thal- the assessment againist the 'ark Department be waived in exchange for the required r'ig!-it-of•-wiay. Attachment "B" Seminary Drive Page 1 of 7. 094-2.4000- .24 PER CENT CONTRACT PRICE...........................................................................................................5 285,253.20 ENGINEERING ..................................................... ... .................................................. 28.525.32 ESTIMATED CONSTRUCTION COST................................................................_....................,......... .. .. ......§ ^139778.152 10010 RESIDENTIAL FOOTAGE................................ 66.4493 42.4 F COMMERCIAL FOOTAGE................__......,. 9u21. . .�7.p TOTAL FOOTAGE ...... ........... ... .. ....... ..... 1.5666.2 1001.0 RESIDENTIAL ASSESSMENT,.................. .................... hl9984.90 19.8 COMMERCIAL ASSESSMENT.......... .................................. ...... 82,632.87 26.3 GROSS AMOUNT ASSESSED.................. _ . .................. ..................... ........_...._ ....§ 1 44l 617. 77 46. 1. LESS CREDITS GRANTED... .................... ........................... ......................... 9:.41 a OO 12...: TOTAL NET ASSESSMENT....................................................,................................ . ......... . ....................... 1059376.77 33.6 NET AMOUNT PAID BY CITY AT LARGE.............. .... ............ ............ ......................... ................. .. 66.4 SIGNED RESULT OF POSTCARD SURVEY ORIGINAL FOR NO OBJECTION AGAINST TOTAL * PETITION PAVING SUBMITTED { PAVING NO. OF FRONT FEET 1423.7 1.1842.7 982.:.7 3-1725.7 634.3 PER CENT 10 C, 830_' 69.0 26.2 4.8 PARCELS OF PROPERTY -.:jO C.r!! _.L6 2 PER CENT 100J�3 `T �7..'',o� 20 b• , NO. OF PROPERTY OWNERS i0 J 5 2 PER CENT 100 50 30 50 20 OWNERS LIVING ON STREET [} 0 0 2 PER CENT 100 0 OWNERS LIVING ELSEWHERE 61 5 ' 3 0 PER CENT 100 83.3 50 50 1433.5' city nwned Property not included in above categeri.ess { } j 03 zQ zr Q F- C) W F_ ® N LL Z O d 0 p Pt m O c Q a JUo op O v W W ol IL N N 10 Ol 10 d' N011113d > C13NDIS F0 ,4J (n 0 �1 o c> r-. co o .� ZNa: IN m M oin w D 0WF- Wv u n N oo N Q Q U c10+7 cm~ ni LO m � F- W O °D LO t-- m Cl) .-4 U)2 U) 10 F. N to U)=) U) , • o i 00 � o N 0 Q Q .o Nr e N a n CO .o F- m C7 C7 cq c� ch t*� S7 F-- r r r r r r r Z F • m�+•� o O w O E£ N O� %D O ol FL W r ifs ri N P 10 U* D x s W J. 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Er ,y T.--1 C C N C N a -O m m W 7 m 0 C �H Q! -H 'O m d H m a > Z5 O Y H Ot i) +> Z3 O r-t 'ZS O ++ m w H o F' 4. V7 CA 2.+1 4. d C) 4y W O G d 0 O N a.b O .H x O 4x O H N HH N Qt m m H H Ot O m m to O In m m m m m m 0� m m 0 -ia tr w n {� 3NOZ 4. 010 .-1 as a c •tet o mn m N it > d. N W H •—1 N W Z wH 1-9 q: 0 O O N.X O 0 W C4 - rn U O C4 N Z +! � 'I y+`"I U E Z W ON ON ON N Em m H Wd X mx x rq x u Ej U a Q C 0,00) 60 (17 � (no o Z LL H O m m +� o 4- to H H 0 ,F4 f-+. O H O too 41¢ ¢ wa vary is moa r� January 20, 1964 Honorable Mayor and Council Members of the City of Ft. Worth Gentlemen: I am Albert Hill, spokesman for the board of Trustees; representing the Carter Park Methodist Church, 1400 E. Seminary Dr. The property in Bast Seminary Drive ]mown as Block #4 has less presoribed by the City of Ft. worth as being zoned for A-1 single family residence or for a Church; therefore the only oonstruction allowed upder this would be non-oommercial ander this zoning restriction. It cannot therefore be considered that the value of this land will be enhanoed what so ever by the widening, surbing, guttering and re-paving of East Seminary Drive; in fact, it will be oreeting a heavier and faster traffic problem on this street whieh will be one more factor contributing to the degrading of the value on this residential zoned property. Our property is practically surrounded by Commercial zoned and Apartment zoned land which we have no doubt will be greatly ben4fited by enhancing the value of their Co®ereially zoned lane through the increased amount of traffic and providing a better access to their place of business. We see no partiouVw reason for their of jootion to this asseeement. The east portion, approximately 2601 , of our frontage would not be benefited what so ever from paving, curbing and buttering as there is a sharp drop from this point on down the hill to Sycamore Creek; in fact , in the future we could not have ingress or egress to the property from Seminary Dr. since there is a proposed very steep dr4luage saseutent to be installed and oontrolled by the City of Ft . Worth, The need for the proposed improvements on Bast Seminary is recognised but were not requested by us as the street is alrealy paved and masts our needs. Due to the fact that our residentially zoned property will not be benefited by these improvements as we would be unable to have &cases to our property in the future ; due to the City easement blocking us from Seminary Drive. Since it is also a fact that we are practically surrounded by Commercial and Apartment zoned areas which deorease instead of enhancing the value of the subject property; it is hoped that each member of the Connell will agree that the proposed paving assessment for the entire length of block #4 on Seminary Drive can be set aside. respectfully, OFFICIAL RECORD CITY SECRETARY Albert Hili. FT. WORTH, TOL.