Loading...
HomeMy WebLinkAboutOrdinance 5722 ORDINANCE N0.-__5_7_�­ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ Davis 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: Fifth Avenue: From Lowe Street to Devitt Street, knor:n and designated as Unit 4, Project 104-24000-1521 a 6-inch hot mix asphaltic concrete pavement on a 30-foot roadway. Fifth Avenue: From Devitt Street to High, known and designated as Unit 5, Project 104-24000-152, a 6-incli hot mix asphaltic concrete pavement on a 30-foot roadway. Shaw Street: From Fifth Street to 350' viest, known and designated as Unit 6, Project 104-24000-152, a 6-inch hot mix asphaltic concrete -averrent on a 30-foot roadway, and a 4-foct sidewalk. 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 Comnanv 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—J-3—day 19-0, 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__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 hereby, overruled. II. 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 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 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 City 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 reap 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, 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%) 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 (6r:) 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 City Attorney is hereby empowered to authorize payments of said sums of lesser installments and/or over a longer period of time in cases in which the Director of Public Works has previously determined that an extreme financial hardship upon the property owner will otherwise result;and PROVIDED FURTHER,that such method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the City of Fort Worth a lawful,valid and binding note and mechanic's and materialman's contract upon forms supplied by the City granting a mechanic's lien upon and conveying the said abutting property in trust to secure the payment 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 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. Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful powers, when requested so to do,to aid in the enforcement and collection thereof,and may contain recitals sub- stantially in accordance with the above and other additional recitals pertinent or appropriate thereof, and it shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of any of said units adjacent to any premises exempt from the lien of such assessments shall not in anywise invalidate, affect or impair the lien of such assessments upon other premises. X. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof,is,in accordance with the law in force in this City,vested in the City. XI. All assessments levied are a personal liability and charge against the real and true owners of the premises described,notwithstanding such owners may not be named,or may be incorrectly named. XII. The assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve- ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the assess- ments therefor in any other unit. XIII. The assessments levied are made and levied under and by virtue of the terms,powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas,known as Chapter 106 of the Acts of said Session and now shown as Article 1106b 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—?'6-1 day of APPROVED AS TO FORM AND LEGALITY: CRY Attomes 41 6 City of Fort Worth, Texas sRoWKL" Mayor and Council Communication M o'� M s DATE REFERENCE SUBJECT: Cul-De-SSC Construction at Three PAGE HAM NUMBER Locations on the South Side 2/13/67 (',-1U54 1 of On December 12, 1966, the benefit hearing was closed on oxine assessment paving units on the south side, but the hearing was continued on three units for study to determine if cul-de-sacs should be added at three locations and whether two blocks of a street should be closed in connection with the construction of two of the turn-arounds. The staff has examined the effect of turn-arounds on Shaw, Devitt and High Streets and the closing of Fifth Avenue from High to Love, as located on the attached map. Also reviewed was the effect of plan changes on traffic patterns in the area, and inquiries were made of adjacent property owners regarding their preference for closing the two block section of Fifth Avenue. Cul-de-Sac on Shaw Shaw Street west of Fifth Avenue was petitioned for paving by a majority of adjacent property owners. The City staff included sidewalks on the south side of the street to close existing sidewalk gaps and to provide safe, all- weather access to the pedestrian underpass at the railroad. No cul-de-sac was included in the original plans because the end of the street is only 250 feet from the intersection of Shaw and Fifth Avenue, and therefore clearly visible to motorists entering the street. In new subdivisions, it is required that cul-de-sacs be constructed on all dead-end streets. These streets, however, are normally greater than 300 feet in length and the end of the street is not always easily in view of motorists at the nearest intersection. The Public Works Department has determined that sufficient vacant land exists on the north side of the dead end of Shaw to permit acquisition of unimproved property and construction of a standard cul- de-sac. A sketch of the turn-around on. Shaw Street is attached. Construction of the Shaw Street turn-around will increase the cost of Unit 6 - Shaw Street as follows: n Materials and labor for cul-de-sac $1,250 OFFICIAL RECORD Right-of-way, portions of bots 7 and 8, CITY SECRETJY Block M, Shaw-Clark Addition 1,300 _. $2,550 WURTIl, TEX. In addition to the additional construction and right-of-way costs, the narrower frontage and reduction of lot depth on Lot 8 after construction of the cul-de- sac will reduce the assessment on bots 7 and 8 from $540 to $270. The divi- sion of right-of-way and construction costs between property owners and the City for both alternatives is summarized as follows: Without Cul-de-Sac % With Cul-de-Sac City $4,035.79 58.4 - $6,855.79 72.5 Property Owners 2,872.76 41.6 2,602.76 27.5 Totals $6,908.55 100.0 $9,458.55 100.0 m x DATE REFERENCE SUBJECT: Cul-ft-Sac Construction at Three PAGE NUMBER 2/13/67 G-1054 Locations on the South Side 2 or 2 Although construction of the cul-de-sac will increase the overall project cost, it appears that the advantages of completing adequate turn-around space for use by private automobiles and public vehicles such as waste disposal and emergency vehicles justifies the additional expense of the cul-de-sac. Fifth Avenue Closine The closing of Fifth Avenue between Lowe and High Streets would eliminate the need to pave the two block sections, and make possible the abandonment of right- of-way to adjacent property owners, but it would also require the construction of cul-de-sacs on Devitt and High Streets and would shift traffic now using High Street and Fifth Avenue to Henderson Street. Henderson Street is paved only 20 feet wide and improvements are constructed near the roadway along much of the distance be-,ween Berry and Shaw Streets. Diversion of all traffic to Henderson Street would also route greater numbers of vehicles past George C. Clarke Elementary School, 3300 S. Henderson Street. Inspection of Fifth Avenue between Lowe and High Streets reveals that one house fronts on the street, and that three other adjacent property owners would need to relocate garages and/or build new driveways if Fifth Avenue were closed and cul-de-sacs constructed at Devitt and High Streets. The adjacent property owners have been contacted and a majority do not favor closing Fifth Avenue. Because of fronting property which would be deined access, because of diffi- culties in developing access to side lot garages, because Henderson Street is not now capable of assuming heavier traffic loads, and because adjacent property o*mers do not favor closing the two blocks of Fifth Avenue, it is proposed that F fth Avenue remain open and that the two blocks be paved as originally recom- nded. R commendations It is recommended: 1) That Shaw Street, Unit 6, be constructed with a cul-de-sac at an increased construction cost of approximately $1,250; 2) That the staff be authorized to negotiate for the acquisition of necessary right-of-way at an estimated cost of $1,300, subject to final Council ap- proval; 3) That the assessment against Lots 7 and 8, Block M. Shaw-Clark Addition (S. E. Balch, 3245 Fifth Avenue, owner) be reduced from $540 to $270; 4) That Fifth Avenue, Units 4 and 5, be constructed as originally proposed; and 5) That the benefit hearing on Units 4, 5 and 6 be closed and the assessments levied as revised. OFFICIAL RECOF'.- JLB:lp CITY InETARY Attach: (2) FT. WNW, TEX• SUBMITTED BY: DISPOSIT BY COUNCIL: P FQ �APPRQVED OTHER (DESCRIBE} '/'`a//, Cts , 7CRETARY i DATE ? CM MANAGER OEB 13 1967 s PROJECT 104-24000-152 l _ LEGEND 28 % — D V//L° PRESENTLY PAVED yy , -•� to DIRT OR GRAVEL PROPOSED PAVING UNITS 4 & 5, FIFTH AVENUE, t AND UNIT 6, SHAW STREET PROPERTY REPRESENTED BY �•^� PETITION OR POLL CARD SURVEY ® OWNERSHIP NOT OPPOSED TO PAVING 9E p— Q OWNERSHIP NOT SHADED IS -- OPPOSED TO PAVING i3,f i o 44';' fo . i� 20 I ` 5 1 '20 � S I � > � t J � J s 1 1 e y �Jj \ I n 167 \' �• —�O 4`/ Y ��``Y• I �I!'` I� IIS'' `` 8 � II I 6 1 17 Q .V.• toi[ ' �~ I / 1 i 1G ; 3 Xis 1G I { I _ 9 -—i 1 fI It II 14 ♦c ac i I 1 1 °a n li = ►� 12 13 n I 1 I ` Y i! ti ri 17 hp .• i9 I• if I i.0 20 .. I ';k:''. a� •fig. .�... �4° G 19 C -- T•23 t J !�J f't R 9 � ie- °< � / .:tF -' s z I J _•�„ � j I _; I ! , J iG w .♦ � t! I :1 I t I .a � 1�� �i.�✓°, a a � w j .,�, +,� t ,; 1-0� Is I � 1i� ►� ✓ J� I I � � I � *�, 1 1� W..• �••• ;��:;*::`r%yid•v}. V 1 0 Ln L4 1(31 Ln as N w cn F nrn 1 .� H tn rn 1 14 A N rn M a% m 3 cn 1A N1 to W a N � Ln o . o Ln ON eA w w to in 0 a N ' tn 00 N W ~ N o co co �7 (-1 � N N �O •. C7 kA fA M U! 1A fA <A F� N U �ppq� P p p w :E En N 1 N a v 4 w �L ka r+ �1 'd n NN cn m Ln 1� N N N N Ln Ln F- 64 64 W� �o Z V W LM Ln tn F,q `O U a Liz Ln V1 V1 µL U M H a a+ N N h '^ '^ a LU 4.4 rA N H H w N O cn w F. twoIN- Z o O O L li a L+J O o Fi 1.4 a 0 a N Iq W) Ln oo Ell �?N N Y� ��35 tills o .9 c � c� H wo ON M n 0 wo rn .4 00 am o0 • • N M'o m 00 lD Lf) M'D 0% M �D as .T N M -4 Ln I, rl N M '-I N M O� LTi h] u} O _ O .a ¢ CCH II n 14 ,4 i C4 N MN M� M10 en%D N .--I U ti OV eV y, N eV U (oj O4J 4J �j U l�j UQQ U Uo-7 U .O C.)) 14 Loj Uel co co a 04 co 0Gy r pOGvMi pOG Mn {y�� pp pp pp pp pp .-4 '4 rl rl H H M M M (n Ln ..# U�p �D (ON o+ rn rn n ao. U~ "' M N N O S r-7 O N M M cn cn N N ¢ 04 N > O w uW1 0. r M cOo 000 000 00 N Cf) L7 cl) cn.D cn o vj L�wM ai a N w U W 14 $ ww z °d w o cu H cu 6 u z z U U PR sN r-1 r1 N 0 �Cq ppN £ H C q h {Ma 4J. 4 co cc C ca O ++ ON DOG a EU U O 0 �w :j w (a a) m w 3p 0. DG pa DG pa m pa l yy �7Ln O}+ N mq O O a) Q) 0'7 . .t W yNrW cn cnW U'- OG n n u n Ln Ln Ln M N � N N r l of O:O '-I '- 0 I Ln U W O 0 �Or4 Uz -'t-j> N<? Wit? N cn o cn U O n n as cn 0 a 0 o a .e r+ t w W Wcn to 0 u's co wl vi co a Q fA co d scn � o' � a Q N n f N Go to 0 a N Ln r+ � 40 0 0 0 Ln o v°', 0 10 ' \o chi Oo O O N N N '-1 p Yy di W W N Yi N! efl Z a _ a to f�] ^ Ln O u1 N O N n PP4a N .r< cn c, b9 M W !q W !q M N H O O O O 0 n n n fy � U L w w W M H �ONi ,a,� VO4 1 u4N 1 n a �aw,waa° a w w N N t tp, N '-1 0 M a a i a w H 8 4 s 11 !� a a H N Ln (n ((yy U) Go ul ul m v7 cn N N u1 N x O Lc't u1 O ut u1 0 0 0 O H A113 C �� o O O o �o M rn '-I rncn 'o O ,-+N cn cn x dH � . �d1I�1i�O M cn cn a�� � �, 4 � E+ n a NU HA �o � n n Q a a4 oU .o .1.o a+ F+� Cl! �Nl LJ U M N C7 03.14 lal U .• U w CO @j 41 upp q M MFi Uel M d .-c93 U a z° a am a n Ln coocn on 0%0 H z in o c�rf rf o of .Y .gyp O O n N •-i .4 �7 O V M v} a �d In L rn °[ C, U; rn O 7 (13 .o a a N coo n � n rN03- C14 I �+ � 0 LU pp C til � > •`V N�7 N �+ w M u1 O cnH C-4 O� Ono on cn n N Q w F± Mw �".N yr CO) C� a o z U a w cn �1-4 r CL � o z ndC w z w x o to i v A 3 z w as a [aOs� .7 N H HPN C G W y as O O a41 b M r-I ti-1 U W w H ra U J1 N 4 t O O .4 Xbe ano VUR+ 3A � z +J 41 p�4 41 L1 0 0 rn n tl n �x O+ N N U F_' CO.OOO of O V>O vz° OV� v�q Ceio ON ON rn .o rn � 40- IT VI- 03. ul Ln Ln O N' ;C, 10 6 N 03. w 0 Ln Ln 0O W Go Ln .� H 0o N _4* " PO N %D co N I HH y %0 40. 'd o in n a o ! c 0 WlJ 000 N . a [£y '" ` • N N N N 00 N N .�0 y .rl W '.`�a H rl r, OD 000 OD O uJ v aWG . 6 04 ` U yr yr 4r' ri 04 C-4 4 c4 pap •. y W It d ccn cn � %0 ip4E ;pp O 6 N N - l Lr) Ln -Ch . y+ .-4 'd .4 -4 N N .�•. N s rO.1 .O.1 �4 I•`. 04 rz ' '.•1 . .W W Lr% " ... " Hf� OB ON O N N rl O " Ln e0P4 F-4 ' '• an 14 cn . + P64 UP v] P' prnj ' CA $ v o4 H a H C ` H oLn 1 N G�f . • • �O 1 O O v1rn + i`rp E' .+ ooo CO.cn n iO 0 ID -qloo - v Li -4 a , •. 64 °V v U41 r4 U v w m U o U a ..• +' '. R .� U 't • p 1 • .0 " Orn Al U ai vo -0 N n N pO R7 02 OG U G O O 04 U O J. ►+ •� O O �O O O •--+ y. L O O IM 4 2 H OD Oo a Q W W a 9. ca v v, �z y ac N O o 0 ta A W d C-4 O C4 cn .. 6 G ' O p- Ln P. .^co �. r� Fd+ yr W W 04 ,D z .NOW 1 HOOP M O Ocn CIA O s 1 ri)W O D• W N u1 Ln . .. . PQ cnri Ln N .t 7 M 'WW � a•rw . . C.7 . p, gyp.bi EA PCI OD Ln O �+ U o ,O N Ln Uid , N ,4 u ate+ 3 C7 W •• 3 d c+. 8e :. a � N w 0 " .t ate+ d cn . u C4 u�.+ <+1 N f+1 07 en O •-� cn d n N cn OH• r-d V1 OW 00 C,1- <?O U H NO NN v)gn • . w0'. °VONJ� NJ� CdJ� W G � � N N e N - n •• co eq Nr1 aD rl .' ' F Ul i? N 1-4 H .S °D 02 L 60 a m ea �. _ ,n o Ltli 0 Ln C) 1� ON ° N ° O� co c:j •M - V) lflJ 't M Ln oV'•7 O O %D . {aA{�] N 'D Ln V 1•i M1-4 40. 4 O N rl r4 v'4 Mca 41 N 34 v .. Ln 4 co H y'• a :3o� o Ad L)0% 04 - o O Or+t�N • '• VY Ln O!r4 d)• O O r•1 O N %D %D N V1 V)41 VY(/l• 0%En T S? U W q O VOl OGo ' Ln ►•7 •d O.U O A� •.. pppfGl� cIf i W .•W - PW4'V' O O p 000 N .. En W' N O O M M V1 A P+ W y a v} .4 E-4 wzqzLn 0 (� '� P R7 U fly � ^f N � • 'off•: .. Pr %0 H yw [W� Ln ' £ w7 g O cla CA N H WO• n M .• N N 'c N N Ln �wCO °G 8 v.inm8 � N . .. zx aaw . U rk•w . 04 �D t� Ln U RHI Ln � OGW U4 w U . P. p P . w q6 E-4 H W N W e• '" : A a M z Z S V U ap 14 1 04 w pN C5 w S M 9 M 4 a cli H v ° z W M O C� U - W O. C) dl CA r NJcn CeJdD CuJ� r N t� cn 41P Cj 4"