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HomeMy WebLinkAboutOrdinance 4479 OFFICIAL RECORD CITY SECRETARY TEX ORDINANCE NO. 4427Y FT• WORTH. O +H. . ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF RIVERSIDE DRIVE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES 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; 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 ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, TEXAS, 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 a 10" Crusher-Run Crushed Limestone Base with 3--" Hot-Mix Asphaltic Concrete Base with l--" Hot-Mix Asphaltic Concrete Surface except that portion shown in the plans and specifications to be resurfaced with lz" Hot-Mix Asphaltic Concrete Surface, together with combined concrete curbs and gutters 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 improvements are to be constructed as and where shown on the plans and in strict accordance with the plans and specifications therefore; and contract has been made and entered into with Gibraltar Construction Company for the making and construction of such improve- ments; said portion of streets, avenues and public places being as follows, to-wit: 1. RIVERSIDE DRIVE: From the northerly line of Lot 29, Block 22, Interurban Addition, to 110 Feet South of the northerly line of Lot 8, Adams Heirs Sub-Division, known and designated as Unit No. 1 and, WHEREAS, estimates of the cost of the improvements on each such portion of street, avenue and public place 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 to the owners of abutting property, and to all others in anywise interested, and due and 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 16th. day of June, 1961, at 9 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: -1- protested that protested that protested that protested that .rotested that protested that protested that -2- IV. Where more than one person, firm or corporation owns an interest in any property above described, each said person, film 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, 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 (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 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 any installment 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 imiediately due and payable, and shall be collectible, together with reasonable attorneys' fees and costs of collection, if incurred. PROVIDED, however, that the City of Fort 'Worth retains the right to authorize payment of the sums assessed against property abutting upon such completed and accepted unit over a period of not more than four years in equal regular installments of not less than $9.00 each, the first of such installments to become due and payable not more than 30 days after the completion and acceptance by the City of the particular unit, and PROVIDED FURTHER that such method of payment 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 of fort worth 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 and 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 manner provided for the sale of property for the nonpayment 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 jurisdiction, or as provided in any mechanic's or materialman's contract as afcresaid, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. -4- 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 therefor, 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 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 $ 8.25 per front foot for curb, gutter and paving). 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 any inequity 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. IX. For the purpose of evidencing the several sums assessed against the respective parcels of abutting property and its 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 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 and 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, description 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 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, or the assessments levied. 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 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 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, and when any payment shall be made to the City the Assessor and Collector of Taxes upon such certificate shall, upon presentation to him of the certifi- cate by the holder thereof, endorse said payment thereon. If such certificate be assigned then the holder thereof shall be entitled to receive from the City Treasurer the amount paid upon presentation to him of such certificate so endorsed and credited; and such endorsement and credit shall be the Treasurer's Warrant for making such payment. Such payments by the Treasurer shall be receipted for by 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 attorneys' 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 -5- 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 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, which coupons may be payable to the City of Fort Worth, or its assigns 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 reque ted 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 any of said units adjacent to any premises exempt from the lien of such assessments shall not in anywise invalidate, effect 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 improvements or assessments in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improvements in one unit have been in nowise connected with the improvements or the assessments 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 appropriate 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 orrddaained. PASSED AND APPROVED this /(O day of 1)2 , 196 // . APPROVED AS TO FORM AND LEGALITY: • City Attorney -6- UNIT NO. 1 OF SHEET NO. 1 OF 2 ENGINEER'S PERMANENT ROLLS OR STATEMENT FGR PAVING ON RIVERSIDE DRIVE; From the northerly line of Lot 29, Block 22, Interurban Addition, Third Filing, to 110 Feet South of the northerly line of Lot 8., Adams Heirs Sub-Division, known and designated as Unit No. 1 Apparent Apparent Credits Cost ASSESSMENT RATE PER FRONT FOOT FOR CURB & GUTTER $1.90 $ 269.80 $ 6,744.81 ASSESSMENT RATE PER FRONT FOOT FGR IMPROVEMENTS EXCLUSIVE OF CURB & GUTTER $9.04 28,578.15 ! — 4,796.62 TOTAL AMOUNT ASSESSED AGAINST ABUTTING PROPERTY OWNER $ 40,389.38 28,847.95 11,541.43 TOTAL ESTIMATED AMOUNT OF CITY'S PART 278,810.27 307,658.22 TOTAL CONTRACT Price OF IMPROVEMENTS 319,199.65 319,199.65 tNUlNttK'S rermanent : uai PAVING ASSESSMENT UNIT NC. 1 OF WIDTH 60 FEET UNIT DESCRIPTION: RIVERSIDE DRIVE: From the northerly line of Lot 29, Block 22, Interurban SHEET NO. 2 OF 2 Add. to 110' So. of the northerly line of Lot 8, Adams Heirs Sub-Division CONTRACTOR: Gibraltar Const. Co. CONTRACT DATE: June 2, 1961 TYPE OF IMPROVEMENTS 5" H.M.A. Conc. on 10" Flex. Base with 7" Curb & 2' Gutter CERT. DESCRIPTION OF PROPERTY ASSESSMENT NO. PROPERTY OWNER LOT BLOCK ` ADDITION FRONT IMPROVEMENTS CURB PROPERTY FEET EXCLUSIVE OF AND OWNERS FINAL CB.&GUT.PER GUTTER COST ADJUSTMENT CREDITS AMOUNT FRONT FOOT PER LIN. BEFORE OF $ 9.04 FT. CREDITS ASSESSMENT Ah;OUNT $ 1.90 $ 10.94 _ ,AMOUNT AMOUNT R-101 Simon Smith Part of Lots Interurban 150.7 1,362.23 286.33 1,648.66 150.7' Exist. Pave. 2508 Tandy 1,2,3,4 & 5, Addition 9.04 = 1,362.33 286.33 Fort Worth, Texas Block 22 R-102 Bowen Properties Part of Tract 21, 533.0 4,818.32 1,012.70 5,331.02 468' No Benefits . P.O. Box 1715 R. C. Bowen 20 Acre Tract 9.04 = 4,230.72 1,600.30 Fort Worth, Texas R-103 Brown Express, Inc. 8 Adams Heirs 175.6 1,587.42 333.64 1,921.06 None 1,921.06 1415 S. Riverside Dr. Sub-Division Fort Worth, Texas R-104 C. T. Schoemeyer Tract B & Adams Heirs 496.3 4,491.07 943.92 5,434.99 336.8' No Benefit Rt. 3, Box 165W Part of D Sub-Division 9.04 = 4044.67 2,390.32 Fort Worth, Texas R-105 Texas Land & Invest- Tract F & Adams Heirs 193.8 1,751.95 368.22 2,120.17 63.8' No Benefit ment Co., Inc. Part of D Sub-Division 9.04 = 576.75 1,543.42 C/o Kirkwood & Darby, Continental Natl. Bank Bldg, Fort Worth R-106 Texas Turnpike Texas Turnpi e R.0.Wd. 2,142.0 19,363.68 4,069.80 23,433.48 2,142' No Benefit 19,633.48 3.800.00 Authority, P.U. on Riversid- Drive Box 126, Arlington Tex. Total 3,691.90 33,374.77 7,014.61 40,389.38 28,847.95 11,541.43 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 ans 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 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 each assessment is 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 the 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 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 it is hereby, levied and assessed against the parcels of property hereinbelow mentioned, and against the real and true owners thereof (whether such owners be corr?ctly 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: -3-