HomeMy WebLinkAboutOrdinance 4428 •
r • +M1
i
OFfIC11L RECORD
2"t
i SAO
ORDINANCE NO.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COSTS OF IMPROVING A PORTION OF BERRY STREET
EXTENSION IN THE CITY OF FORT WORTH, TEXAS , FIXING CHARGES
AND LIENS AGAINST PROPERTY ABUTTING THEREON, AND AGAINST
THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH
ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES
IN EVIDENCE THEREOF, AND RESERVING:UNTO THE CITY COUNCIL
THE RIGHT TO ISSUE CREDITS AGAINST THE AFOREMENTIONED
ASSESSMENTS SHOULD- IT DEEM IT APPROPRIATE TO DO SO ) SAID
CREDITS , IF ANY, THEREBY REDUCING THE AMOUNT OF THE
RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED
AGAINST A RESPECTIVE ASSESSMENT FOR WHICH NET AMOUNT THE
ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF SHALL BE
ISSUED AND DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN
THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE
COMPLETE ORDINANCE IN THE APPROPRIATE RECORDS OF THIS CITY.
WHEREAS , the City Council of the City of Fort Worth, Texas,
has heretofore ordered that the hereinafter described portion of
Berry Street Extension in the City of Fort Worth, Texas, be improved
as follows, to-wit:
That portion of Berry Street Extension from the easterly
line of Mitchell Boulevard to the westerly line of Vaughn Boulevard
in the City of Fort Worth, Texas, be improved by raising, grading,
and filling same and by constructing thereon seven inch reinforced
concrete pavement, together with combined concrete curbs and gutters
on proper grade and line where same are not already so constructed,
together with storm sewers and drains.
All of the aforementioned improvements are to be constructed
together with necessary incidentals and appurtenances 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 Worth Construction Company for the making and constructing
such improvements, said portion of Berry Street Extension being as
follows:
BERRY STREET EXTENSION, from the easterly line of Mitohell
Boulevard to the westerly line of Vaughn Boulevard in the City of
Fort Worth, Texas , known and designated as Unit No. 1;
and,
near as possible in the manner provided for the sale of property
for the nonpayment of ad valorem taxes, or, at the option of the
Contractor, or its assigns, payment of said sums shall be enforced
by suit in any court of competent jurisdiction, and said City
shall exercise all of its lawful powers to aid in the enforce-
ment and collection of said assessments.
VII.
The City of Fort Worth, Texas, shall not in my manner
be liable for payment of the sums hereby assessed against any
property or the owners thereof, but the said Worth Construction
Company, or its assigns, shall look solely to such property and
the owners thereof for the payment of such assessments, but the
City of Fort Worth, Texas, shall exercise all of its lawful powers
to aid in the enforcement and collection of said liens and
sums and personal obligations.
VIII.
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 therefor, and is less than the
proportion of the cost allowed and permitted by the law in
force in the City.
IX.
Although the aforementioned charges have been fixed,
levied and assessed in the respective amounts hereinabove
stated, the City Council does hereby reserve unto itself the
right to reduce the aforementioned assessments by allowing
credits to certain property owners where: (1) curb and/or
gutter or paving presently exists, (2) property in commercially
zoned areas is occupied by owner as his residence (this credit
to be such that the maximum cost to the property owner per
front foot, after allowing such credit, shall not exceed $
per front foot for curb, gutter and paving) , and (3) property
abuts on the street to be improved, but actually fronts on
another street (this credit to be such that the cost to the
property owner, after allowing such credit , shall not exceed
the amount of the assessment against a residential lot which
fronts 100 feet on the street to be improved. )
Notwithstanding the City Council has herein
reserved the right to issue credits as hereinabove provided,
it shall not be required to issue such credits, and will not
do so , if same would result in aiy inequity and/or unjust
1 •r . °.r
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 day of January, 1961, at 9: 00 o'clock 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
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
matters , 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 protests and objections, and any and all other protests and
objections , whether herein enumerated 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 portion of
Berry Street Extension 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 of the respective
parcels of property by means of such improvements 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 benefitted
in enhanced value to the said property by means of the said improve-
ments for which assessment is, leQied-and eharge_.m&de,ein a sum in
excess of the said assessment and charge made against the same by
this ordinance, and further finds that the apportionment 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 hereinbelow mentioned, and
against the real and true owners thereof (whether such owners
be correctly named herein or not) , the sums of money below
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, his
or her 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 her respective
interest in such property may be released from the assessment
lien upon payment 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 attorneys ' 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:
in five (5) equal installments, due respectively on or before
twenty (20) days, one (1) , two (2) , three (3) and four (4) years
from the date of completion and acceptance of the improvements,
and shall bear interest from said date at the rate of six per cent
(6%) per annum, payable annually with each installment , except
as to the first installment, which shall be due and payable at
the maturity thereof, so that upon the completion and acceptance
of said improvements, assessments against the property abutting
upon said portion of Berry Street Extension 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 any installment of principal cr interest
promptly as the same matures , then the entire amount of the assess-
ment upon which such default is made, shall, at the option cf said
Worth Construction Company, or its assigns, be and become imuediately
due and payable, and shall be collectible, together with reasonable
attorneys ' fees and costs of collection, if incurred.
a
4
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 respect*e assessments; and when the improvements have
been completgd by the contractor, the City Council shall pass
the necessary ordinance accepting the improvements. This
ordinance will also set out the amount of the respective assess-
ments , the credits , if any, and the principal amount for which
the respective certificates of special assessment shall be issued.
X.
For the purpose of evidencing the several sums
assessed against the respective parcels of abutting property
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 respective credit allowed thereon, shall be
issued by the City of Fort Worth, Texas, upon completion and
acceptance by the City of the improvements, 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 said Worth
Construction Company, or its assigns , and shall declare the said
amounts, time and terms of payment, rate of interest , and the
date of 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, if known, des-
cription of the property by lot and block number , or front feet
thereof, or such other description 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,
or if the name of the owner be unknown, then to so state will 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, cr the assessments levied.
Y The certificates shall provide substantially that if
same shall not be paid promptly upon maturity, then they shall
be collectible, with reasonable attorneys ' fees and costs of
collection, if incurred, and shall provide substantially that
the amounts evidenced thereby may be paid to the Assessor and
Collector of Taxes of the City of Fort Worth, Texas, who shall
issue his receipt therefor, which shall be 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 forthwith with
the City Treasurer to be kept and held by him in a separate fund,
hereby designated as WORTH CONSTRUCTION COMPANY STREET IMPROVEMENT
FUND, and when any payment shall be made to the Assessor and
Collector of Taxes upon such certificates he shall, upon present-
ation to him of the certificate by the Contractor, or other
• I
costs of collection and reasonable attorneys ' fees , if incurred,
have been paid in full.
Said certificates shall further recite substantially
that the proceedings with referem a 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 rio further proof thereof shall be
required in any court.
Said certificates may have coupons attached thereto
in evidence of each or any 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 , whit h
coupons may be payable either to Worth Construction Company, or its
assigns , or to the bearer, and may be signed with the facsimile
signatures of the Mayor 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 substantially in accordance
with the above and other additional recitals pertinent or
appropriate thereto; 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 said portion of Berry Street
Extension adjacent to any premises exempt from the lien of such assess-
ments shall not in anywise invalidate, affect or impair the lien of
such assessments upon other premises.
XI.
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.
XII.
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, cr may be incorrectly
named.
XIII.
the Charter of the City of Fort W(r th, 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 and by filing the complete
Ordinance in the appropriate records of this City.
XV.
This ordinance shall take effect and be in full force
and effect from and after the date of its passage.
PASSED AND APPROVED this ..Zday of January, 1961.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ENGINEERIS PERMANENT ROLLS OR STATD Eli1T FOR PAVING ON E. BERRY STRF"EET E7
TO THE WESTERLY LINE OF VAUGHN BOULEVARD KNOWN AND l
ASSESSbONT RATE PER FRONT FOOT FOR CURB & GUTTER -----
ASSESSMENT RATE PER FRONT FOOT FOR IMPROVEhaTS EXCLUSIVE
OF CURB & GUTTER
TOTAL AMOUNT ASSESSED AGAINST ABUTTING PROPERTY OWNER53,995.
TOTAL ESTIMATED AMOUNT OF CITYIS PART ---- -------------------------
TOTA.L CONTF4T PRICE OF IMPROVEMENTS
ENGINEERIS PERMANENT ROLL
PAVING ASSESSMENT
WIDTH 60, Rdwy. FEET UNIT DESCRIPTION: E. Berry Street Extension from the
Blvd, to the westerly line of Vaugh
CONTRACTOR: Worth Construction Co. CONTRACT DATE: September 9, 1960
CERT. i. DffiCRIPTIOK OF.PROPERTY _ _ _ ASSESSMENT__
NO. PROPERTY OWNER LOT BLOCKI ADDITION ` FRONT IMPROVEMENTS CURB
! ' FEET EXCLUSIVE OF AND
CB.&GUT.PER GUTTER
1 t FRONT FOOT PER LI
$ 8.80 FT.
i I AMOUNT $ 1.76
__- North Side y - _ - Y AMOUNT
EB-1 Mitchell Blvd. Church 15 8-A Wesleyan 120 4056.00 211.20
of Christ, 3 217 i Hills ;
Mitchell Blvd.
I
EB-1 j Mitchell Blvd. Church t 16 8-A " 120 4056.00 211.20
l' of Christ, 3217
1+ Mitchell Blvd. I
i
1
EB-2 i Elmer R. Walker & Wife, ; 21 1 " 123.20 1,084.16 216.83
j Viola, 3801 Millet !,
EB-3 iBob E. Calvert & Wife 11 1 70 616.00 123.20
Katie P., 2663
Richardson
EB-4 Loren R. Howe & Wife, 12 1 " 65 572.00 114.40
'TM Vertie L.,1822 Belmont i
I �
EB-5 Harrold R. Parks & Wife, 13 1 to 53 466.40 93.28
Patricia,2671 Rainey Ave.
I.
EB-6 Berness F. Anderson
14 1 � " 53 466.60 � 93.28
& Wife, 3024 Hanger
ENGINEER'S PERMANENT ROLL
PAVING ASSESSMENT
WIDTH 60' Rdwy. FEET UNIT DESCRIPTION:
CONTRACTOR: CONTRACT DATE:
CDESCRIPTION OFPROPERTY,_ _ _ ASSESSMENT
ERT. ; � � . _ _ �_ _AS,.
NO. ; PROPERTY OWNER LOT BLOCK' ADDITION FRONT IMPROVEMENTS CURB
4 ! FEET ft EXCLUSIVE OF AND
! CB.&GUT.PER GUTTEF
FRONT FOOT PER L]
4 $ 8.50 FT.
North Side i f ; AMOUNT $1.76
AMOUNT
EB-7 Stanley J. Hall & Wife, 15 1 Wesleyan 53 446.40 , 93.28
!Catherine, 2701 Rainey i Hills
EB-8 !George E. Mitchell & rife 16 1 " 53 } 466.40 93.28
'Allie, 2705 Rainey I
E
EB-9 Bill Nash 17 1 53 466.40 93.28
11209 Orange
j 1
EB-10 !Oscar C. Byars & Kife, ! 18 1 } " 53 466.40 93.25
'Una Bruce, 2713 Richards fn
I(�
EB-11 lNewman M. McKinney & Wif ,19 1 " 53 466.40 93.28
Irene, 2717 Rainey
!
EB-12 IRobert Allen & Wife, 20 1 " 53 46b•40 93.28
'Billie G., 2721 Rainey
I
ENGINEERIS PERMANENT ROLL
PAVING ASSESSMENT
WIDTH 60, Roadway FEET UNIT DESCRIPTION: E. Berry Street Extension from the
Mitchell Blvd. , to the westerly 1'.
CONTRACTOR: Worth Cohstruction Co. CONTRACT DATE: Sept. 9, 1960
CERT. DESCRIPTION OF PROPERTY_ ___ _
NO. PROPERTY OWNER y LOT BLOCK ADDITION ' FRONT I IMPROVEMF�NTS CURB
► ! FEET ` EXCLUSIVE OF AND
CB.&GUT.PER GUTTEF
FRONT FOOT PER L7
f ; $ 8.80 FT.
i AMOUNT $1.76
AMOUNT
10 1 Burch-Hill 50 440.00
I
EB-.L_) I Hobert T. Haney 88.01t
j2809 Rainey, City JE-
6-1854 i
EB-13 ; Hobert T. Haney 9 1 Burch-Hill 50 440.00 88.01
12809 Rainey, City
EB-13 Hobert T. Haney 8 1 Burch-Hill 50 440.00 88.01
j 2809 Rainey, City
� t
EB-14 J.P. Washington & Wife 7 1 Burch-Hill 50 440.00 88.0
IMinnie, %Worth Const.
JEB-15 Anna Clark Coffey
2817 Rainey, Je-4-9985 6 1 Burch-Hill 50 440.00 88.0
w
1
EB-16 V.G. Crowder & Wife, LaT anda
• i & Mrs. Willie Welch, a iridow
2821 Rainey, Je-4-1394 5 1 Burch-Hill 50 440.00 88.0
EB-17 R.D. Loyd & wife Evelyn! 4 1 Burch-Hill , 50 440.00 88.0
2829 Rainey, Je-4-8795
EB-17 R.D. Lloyd & Wife 3 1 Burch-Hill 50 440.00 88.0
ENGINEERIS PERMANENT ROLL
PAVING ASSESSMENT
WIDTH 60, Roadway FEET UNIT DESCRIPTION: E. Berry Extension from the easter]
to the westerly line of Vaughn Blvc
CONTRACTOR:Wprth Construction Co. CONTRACT DATE: September 9, 1960
CERT. i DESCRIPTION OF PROPERTYM �y _..._. ,-_.ASSFSS�MF�+IT
N0. j PROPERTY OWNER LOT BLOCK ADDITION FRONT Il�PROVEMENTS CURB
E ! ( ! FEET EXCLUSIVE OF AND
( CB.&GUT.PER GUTTER
1 FRONT FOOT PER LI
$ 8.80 FT.
AMOUNT $1.76
AMOUNT
EB-17 !R.D. Lloyd & Wife Evelyn 2 1 Burch-Hill- 50 ! 440.00 88.0(
+ 2829 Rainey
i
EB-17 ! R.D. Lloyd & Wife , Evel+l 1 Burch-Hill 50 440.00 88.0(
i
EB-18 John T. Sayers 10 2 Burch-Hill 50 440.00 88.0(
13705 Ohio Garden Rd.
ima. 4-2785
-18 iJohn T. Sayers 9 2 Burch-Mill 50 440.00 88.0(
3705 Ohio Garden Rd. !!
EB-18 John T. Sayers i 8 2 ! Burch-Hill 50 440.00 88.0(
13705 Ohio Garden Rd.
t
EB-18 lJo" T. Sayers 7 2 Burch-Hill 50 440.00 88.0(
EB-18 John T. Sayers 6 2 Burch-Hill 50 440.00 88.0(
EB-18 John T. Sayers 5 2 Burch-Hill 50 440.00 88.01
} EB-18 John T. Sayers 4 2 Burch-Hill 50 440.00 88.01
f
i8-19 Walter H. Henderson 3 2 Burch-Hill 50 440.00 88.01
2929 Richardson St.
ti
Sub-Total Sheet No: 41 500 " 4,400.00 880.01
ENGINEERIS PERMANENT ROLL
PAVING ASSESSMENT
WIDTH FEET UNIT DESCRIPTION: Be BERRY EXT&TSION
CONTRACTOR: CONTRACT DATE:
CERT. #r DESCRIPTION OF PROPERTY _ __ _ ASSg _.
NO. PROPERTY OWNER LOT BLOCK! ADDITION; FRONT Il�IPROVEMENTS CURB
i FEET f EXCLUSIVE OF AND
t ; i CB.&GUT.PER GUTTEF
FRONT FOOT PER L]
$ 8.80 FT.
AMOUNT $ l*T
- - --- ' - - -_ - AMOUNT
EB-20 Arthur L. Williams & 12 2 Burch-Hill 50 1,.1+0.00 88.00
Wife, Marie, 2935 Rainey ;
EB-21 ; Boyd L. Mayes & Wife, + 1 2 1 Burch-Hill 50 440.00 88.00
'' Iris % Worth Const. Co
300 Greenleaf
EB-22 l H.H. Young & Wife 4 14 3 " " 50 440.00 88.00
Dolores ` 3001 Rainey, City
I1
EB-23 (Edward W. Morris & Wife .13 3 " " 50 440.00 88.00
Mary F., 3005 Rainey
,
X24 Coy L. Martin & Wife, 12 3 " " 50 41+0.00 88.00
Sue, 3009 Rainey, City
M
LB-25 Melvin H. Massey & Wife 11 3 50 440.00 88.00
j Doris M., 3011 Rainey
EB-26 Geo, Arthur Falmer & 10 31 " " 50 440.00 8$000
Wife, Alta J., 3015 Ra
Sub-Total Sheet No: 5 350 3,080.00 616.00
ENGINEERIS PEMIANENT ROLL
PAVING ASSESSMENT
WIDTH FEET UNIT DESCRIPTION: E. BERRY STRM ERTE1\TSION
CONTRACTOR: CONTRACT DATE:
CERT. i DESCRIPTION OF PROPERTY ASSESSMENT
NO. PROPERTY OWNER LOT BLOCK' ADDITION FRONT ? IMPROVEMENTS CURB
FEET EXCLUSIVE OF AND
y CB.&GUT.PER GUTTEF
i 4 FRONT FOOT PER Ll
? ? $ 8.80 FT.
? i I AMOUNT $ 1.71
AMOUNT
EB--2 j Abe Applebaum
7 � PP
2850 W. Berry WA-3-8965 1 9 3 Burch-Hill 5088.00
88.00
EB-27 1 Abe Applebaum W/2 of 8 3 11 t1 25 220.00 44.00
j 2850 W. Berry
1 t
EB-28 i James 0. Williams 8 3 " n 25 220.00 4.1+.00
13109 Rainey, City _
EB-28 jJames 0. Williams 7 31 n n 50 440.00 88.00
? 3109 Rainey
EB-29 f Juanita Kelly c/o Worth 6 3 " n 1 41 1,2140.90 248.16
Const. Co. 300 Greenlea
TOTAL ASSESSMENT NORTH IDE OF ST T 2,463.20 210676.16 ,335.23
a South Side
' B-30 Masonic Home 95 Acres 12J20.00 23.320-00 66 .00
TOTAL ASSESSMENTS 5.LL3.20 44,'996.16 8.999.23
4
CITY OF FORT WORTH
TEXAS
OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. PWI— 26
January 27, 1961
Honorable Mayor and
Members of the City Council Re: East Berry Street Extension
City of Fort Worth from Mitchell Boulevard
to Vaughn Boulevard Project
94 B3 25 (PIP 1-23)
Mrs. McKnight and Gentlemen:
On January 6, 1961 , Ordinance No. 4419 was adopted approving the estimates
of cost and setting January 27, 1961, as -the date for the benefit hearing
on the above referenced project. it is recommended that an ordinance
closing the benefit hearing and levying assessments be adopted.
Respectfully submitted,
LPC:ih P. Cd ingham
City Manager
CITY OF FORT WORTH, TEXAS
THE SUBJECT MATTER OF THIS M.& C.C_
WAS PRESFJAy 'IT
IT (CITY COUNCIL
01
AND WAS
APPROVED
Cs ��
------------
Cit