HomeMy WebLinkAboutOrdinance 2636 ORDINANCE NO. 2-�4
AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS
LEVYING AN ASSESSMENT FOR THE PAYMENT OF A
PORTION OF THE COST OF IMPROVING ROSEDALE
STREET IN THE CITY OF FORT WORTH, TEXAS, WITH-
IN THE LIMITS HEREIN DEFINED; FIXING A CHARGE
AND LIEN AGAINST THE PROPERTIES ABUTTING UPON
SAID STREET AND AGAINST THE REAL AND TRUE OWN-
ERS THEREOF; PROVIDING FOR THE ISSUANCE OF AS-
SIGNABLE CERTIFICATES UPON THE COMPLETION AND
ACCEPTANCE OF SAID WORK AND THE MANNER AND
TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE
MANNER AND METHOD OF COLLECTION OF SAID ASSESS-
MENTS; DECLARING AN EMERGENCY AND PROVIDING
THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDI-
ATELY UPON ITS PASSAGE AND APPROVAL.
EXAS
T XA� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH
.4 : D
SECTION 1:
The City Council of the City of Fort Worth, Texas, hereby
finds and determines:
(a) That the City Council of the City of Fort
Worth, Texas, has heretofore by Ordinance duly
enacted on dune 23rd, 1948, determined the ne-
cessity for, and ordered the improvement of
portions of Rosedale Street, (sometime referred
to as West Rosedale Street) , within the limits
hereinafter defined, in the City of Fort Worth,
Texas, in the manner and according to the Plans
and Specifications therefor, which plans and
specifications have been heretofore approved
and adopted by said City Council, said street
and the portions thereof so ordered improved be-
ing as follows, to-wit:
ROSEDALE STREET (sometime referred to as West
Rosedale Street$ from the Westerly line of
South Main Street to the Easterly line of
Eighth Avenue, save and except the intersec-
tion of Hemphill Street,in the City of Fort
Worth, Texas.
(b) That notice in the name of the City of Fort
Worth, Texas, of the enactment of the above de-
scribed Ordinance has heretofore been filAwith
the County Clerk of Tarrant County, Texat,7duly
recorded in the Mortgage Records of said County.
(c) That after advertising for bids for the con-
struction of said improvements in the manner and
for the length of time as required by the law and
the Charter of said City, the lowest secure bid
of Brown & Root, Inc, was accepted and contract
duly awarded to said Brown & Root, Inc. for the
construction of said improvements, by Ordinance
duly enacted on December 8th, 1948, which contract
Is dated December 8th, 1948; and
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(d) That the City Council has caused the Direc-
tor of Public Works to prepare and file estimates
of the costs of such improvements on the portions
of said street to be improved, and estimates of
the amounts per front foot proposed to be assessed
against the property abutting upon said street
within the limits above defined, and the real and
true owners thereof, and said Director of Public
Works has heretofore filed said estimates and a
statement of other matters relating thereto, with
said City Council and same has been received, ex-
amined and approved by said City Council.
(e) That said City Council, by duly enacted Ord-
inance dated December 29th, 1948, did determine
the necessity of levying an assessment for that
portion of the cost of constructing said Improve-
ments on said street within the limits herein de-
fined, to be paid by the properties- abutting
thereon, and the real and true owners thereof,and
did order and set a hearing to be held at 9:30 A.
M. , January 12th, 1949, in the Council Chamber of
the City Hall of Fort Worth, Texas, for the real
and true owners of the properties abutting upon
said street within said limits defined, and for
all others owning or claiming any interest in, or
otherwise interested in said properties, or said mat-
ters as to the assessments and amounts proposed to
be assessed against each parcel, of said abutting
property, and the real and true owners thereof, and
as to the special benefits to accrue to said abut-
ting properties and the real and true owners there-
of by virtue of said improvements, if any, or con-
cerning any error, invalidity, irregularity or de-
ficiency in any proceeding or contract concerning
same, to appear and be heard in person or by coun-
sel, and offer evidence in reference to said mat-
ters; and said City Council did by said Ordinance,
order and direct that the City Secretary of said
City give notice of said hearing as required by
the laws of the State of Texas, to-%it: Chapter
106 of the Acts of the 40th Legislature of the
State of Texas, known as Article 1105-b of Vernon' s
Annotated Civil Statutes of Texas$ as adopted by
Section 17 of Article SII of the Charter of said
City, said notice to be by a publication in some
newspaper of general circulation in the City of
Fort Worth, Texas, said notice to be published in
said newspaper at least three times prior to the
date of said hearing, the first publication of which
to be at least ten days prior thereto.
(f) That said notice as ordered and directed by
said City Council and as required by said Acts
above identified, was duly given by publication of
same in The Fort Worth Star-Telegram, a newspaper
of general circulation published in the City of
Fort Worth, Texas, on December 30th, 1948, Decem-
ber 31st, 1948 and January 1st, 1949.
(g) That after due, regular and proper notice
thereof, all as provided by said Acts, said hear-
ing of which notice was so given was opened and
held on January 12th, 1949 at 9:30 otclock A. M.
in the Council Chamber of the City Hall of the City
-2-
Mall of the City of Fort Worth, Texas, in accord-
ance with said Ordinance and Notice, at which time
an opportunity was given to all of said above men-
tioned parties and agents and attorneys, to be
heard and to offer evidence as to all matters in
accordance with said Ordinance and Notice.
(h) That at said hearing held pursuant to such
notice on January 12th, 1949, said City Council
heard evidence as to the special benefits in en-
hanced value to accrue to said abutting properties,
and the real and true owners thereof, as compared
with the portion of the cost of constructing said
improvements proposed to be assessed against said
properties, and heard all parties appearing and
offering testimony, together with all protests and
objections relative to such matters and as to any
errors, invalidities or irregularities in any of
the proceedings and contract for said improvements,
and gave a full and fair hearing to all parties
making or desiring to make any such protest, objec-
tions or to offer testimony, and fully examined
and considered all of said evidence, matters, tes-
timony and objections offered; and, based upon said
evidence, testimony and hearings, the City Council
found that each and every parcel of property abut-
ting upon eacak=l said street, within the limits
improved as herein defined, would be enhanced in
value and specially benefited in an amount in ex-
cess of the amount of the cost of said improvements
proposed to be assessed against each of said par-
cels of property abutting upon said streets, and
the real and true owners thereof; and said City
Council did consider and correct all errors, in-
validities, or deficiencies called to its attention,
and did find that all proceedings and contracts
were in accordance with the laws under which same
are being had and the proceedings of said City
Council theretofore had with reference to such im-
provements and that all of same are in all respects
valid and regular; and that the assessments herein-
below made against said abutting properties, and
the real and true owners thereof, are gust and
equitable, and did adopt the rule of apportionment
set forth below herein and the division of the
costs of said improvements between said abutting
properties and the real and true owners thereof,
as being gust and equitable and as producing sub-
stantial equality, considering the benefits to be
received and the burdens imposed thereby, and that
all objections and protests should be overruled
and denied. Said hearing was duly closed by a
.Resolution duly adopted by the City Council on
January 19th, 1949,
SECTION II:
That in pursuance of said Ordinance duly enacted by said
City Council authorizing and ordering the improvement of said
above described street, Iwithin the limits hereinabove named and de-
fined, and in pursuance of said proceedings heretofore had. and
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enacted by said City Council in reference to said improvements,
and by virtue of the powers vested in said City with respect to
said street improvements by the laws of the State of Texas, with
particular reference to Chapter 106 of the Acts of the First
Called Session of the 40th Legislature of the State of Texas,
known and shown as Article 1105=5 of Vernonos Annotated Civil
Statutes of Texas, as amended, and as adopted by Section 17, Arti-
cle XXIII, of the Charter of said City, there shall be, and is
hereby levied, assessed and taxed against the respective parcels
of property abutting upon said street, as hereinbelow described,
and against the real and true owners thereof, whether such real
and true owners be named or correctly named, or said properties
be correctly described herein or not, the several sums of money
hereinbelow mentioned and itemized opposite the description of
the respective parcels of said property, all as corrected and ad-
justed by said City Council, being as follows, to-wit:
`Here insert Final Assessment Rolls) ,
r�4i
SECTION
That the several sums mentionedabove n Section II
hereof, ai _ t said parcels of abutting property
the real and trueowners thereof, whether said ownersbe named o
correctly named or whether said properties -be correctly cri
herein or not, together with ntere t thereon t the rate of six
( ) per cent per annum and with reasonable attorn fees and
all costs and expense of collection, if Incurred, are hereby
de-
clared to be and madea first and prior lin upon the respective
parcels of property against which same are assessed and taxed from
and after the datesaid improvements w r ordered by said City
Council on June 23rd, , and a personal liability and charge
against th real and true owner or owners thereof* whether or not
such owner or owners named or correctly named herein, ai
liens are shall be paramount and superior to all other liens,
claims,, car titles except for lawful ad valorem taxes- and that
the sums so assessed and taxed shall be payableas follows, tow.it oo
in ton (10) equal annual InstbUments, the first of which will b
payable on or before twenty days after the completion and accept-
ance
of said improvements by said City Council, and the nine (
remaininginstallments to be due and payable respectively on (I.) ,
two (2) . three ( ., four (4) . five (5) , six (6) , seven (7) , eight
( -) and rains ( ) years from fter said t of completion
acceptance f said improvements by saidt Council, deferred
payments to bear interest from such date at the rate of six (6%)
r cent per annum, payable Installments f
principal and Interest to bear Interest at the rate per annum
until id; however owner of such property shall have the
right to pay off the nir amount of any suchassessment, or any
installment thereof, or maturity by payinn rnci l and ac-
cruedinterest to date of said payment; and provided, further, that
if default shall be madein the payment of any installment of prin-
cipal
rin®c l or interest when due, then the stir o nt of said asp
ment or t , upon which such default is made,, all„ at the option
of the saidBrown & Root, Inc, , or its assigns, be, and become
Immediately due and payabled shall. be collectible, together with
.*500
reasonable attar l fees and all costs and expenses of colt
tion, if Incurred,
jECTION IV.o
That the City of Fort Worth, Texass shall not In any man-
ner be liablefor the ntof any sums hereby validly assessed
against any abutting property and thereal and true owner or own-
ere thereof, but Brown & Root, Inco shall look solely to suchprop-
erty d to the real and true owner or owners thereof, for payment
of any sums val.idly assessed against said respective parcels of
property, but said City shall be obligated to furnish Brown & Root..
Inc® valid assessments and assessment certificates d shallexer-
cise all of its lawful powers to aid in the enforcement and colt o
tion of said assessments; and, if default be madein the payment of
any of said sums herein assessed or taxed against t said parcels
of property, and the real and true owner or owners thereof., coli c-
tion thereof shall be enforced at the option of said Brown & Roots
Inc,, or its assigns., ith r by suit in any court having Jurisdic-
"U"lon or by saleof the property assessed as nearly ossi l in
the manner as may be provided by law in force in said City for the
sale of property for the collection of ad valoren taxes.
CTI :
That for the purposepurpoge of evidencing said
assessments op
special taxes, the luras securing; same and the ROv " ,1 P"mRass.essed
against the said parcels of property d the real and true owner or
owners thereof,, and the terms of payment„ and to aid in the nforc-
t thereof, assignable certificates shall be issued by theCit
of Fort Worth, Texas, to Brown & Root, Inc, , upon the completion
and acceptance of said improvements n said street, which shall b
executed by the or in the name of the City, attested by the
City Secretary with the City' s corporate seal,, and which ll de-
clare the on of said assessments and the thereof, the
rate of interest thereon, the t of the completion and the
acceptance of the Improvements for which are issued, end shall con—
twin the name of the apparent true owner or owners as accurately
as possible and the description of the property assessed by lot
and block number or front foot thereof, or such other description
as may otherwise identify the same, and if the said property ,
shall be owned by an estate or firm, then to so state the fact
shall be sufficient, and no error or mistake in describing any
such property or in giving the name of any owner or owners, or
otherwise, shall in anywise Invalidate or impair the assessment
levied hereby or the certificate Issued in evidence thereof,
That the said certificate shall further provide substan-
tially that if default shall be made in the payment of any install-
ment of principal or interest when due, then at the option of Brown,
& Root, Inc, , or its assigns, or the then holder thereof, the whole
of said assessment evidenced thereby shall at once become due and
payable and shall be collectible with reasonable attorney' s fees
and all expenses and costs of collection, if incurred, and said
certificate shall set forth and evidence the personal liability of
the real and true owner or owners of such property, whether named
or correctly named therein or not, and the lien upon such property,
and that said lien Is first and paramount thereon, superior to all
other liens, titles and charges,, except for lawful ad valorem taxes.,
from,and after the date said Improvements were ordered by said City
Council, and shall provide in effect that if default shall be made
in the payment thereof, the same may be enforced, at the option of
Brown & Root, Inc, or its assigns, either by the sale of the prop-
erty therein described in the manner provided for the collection
of ad valorem taxes as above recited,, orb suit in any court hav-
ing jurisdiction.
That said certificate shall further recite in effect that
all the proceedings with reference t® making said improvements
have been regularly had in compliance with the law In force in
said City and with proceedings of the City Council of said City,
and that all prerequisites to the fixing of the assessment lien
against the' property and the personal liability of the real and true
owner orowners thereof, evidenced by such certificates, have been
-704
regularly done and performed, which recitals shall be evidenceof
all the matters and facts so recited no further proof thereof
hall be required in any court,
That the said certificates have coupons attached
thereto in evidence of t r .l installments thereof, which
may be signed with the facimile signatures of the Mayor and Cit
Secretary.
That said certificates shall further provide in effect
that the City of Fort Worth, Texas, shall exercise all f its
lawful powers when requested to do so by the holder of said cer-
tificates,
rtificat , to aid in the enforcement and collection thereof,, and
said certificates a contain other and further recitals pertinent
and appropriate thereto. It shall not be necessary that said
certificates shall be in the act form as above set forth, but the
substance d effect thereof shall suffice,
SECTION 11.6
That all such assessments levied are, and shall be, a
personal liability and charge against the respective real and true
owner or owners of said abutting properties, notwithstanding such
owner or owners may not be named or correctly named, and any irregu-
larity
rr u®larit in the a of the property owner, or the description of any
property or the amount of any assessment, or in any other matter or
thing shall not in anywise Invalidate or Impair any assessment
levied h r by or any certificate issued, d such mistake, error,
Invalidity or Irregularity whether in such assessment or in the
certificate issued in evidence thereof, may be.. but is not required
to be, in order to be enforceable, corrected at any time by the
Cityouncil of the City of Fort Worth, Texas,
That the total amounts assessed against th respective
parcels of property abutting upon said street, within the limits
herein defined, a against th real and true owner or owners
thereof, are not more than the ,estimates of said assessments and
charges prepared by the Director of Public Works and approved
adopted by said City Council and are in accordance with the pro-
ceedings of said City Council, and are within the terms, powers and
provisions of said Chapter 10of the Acts of the 40th Legisla-
ture of the Stateas, known as Article1105-b .of Vernonts
Annotated Civil Statutes f Texas, as adoptedby Section 17,
Article II, of the Charter of said City, under which terms,
provisions and powers and saidroc edi,n s, said improvements
assessments were had and made by said it o ncil.
SECZION VII:
This Ordinance shall take effect and be in full fore
from and after its a sa
PASSED AND APPROVED,, this the of Januar ,
194
R OF _. CI' TF
FORT WORTH,,
ATTEST:
T
APPROVEDC i
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