HomeMy WebLinkAboutOrdinance 2456 0RDI1UZTCE NO. 2` '' r6
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING A PORTION OF
CROCKETT STREET, NORWOOD STREET, BLEDSOE STREET,
PARK
CURRIE STREET AND MORTON STREET IN VAN ZANDT/ADDITION
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.
WHEREAS, the City of Fort Worth, Texas, has heretofore
ordered that the hereinbelow mentioned and described portions of
streets in the City of Fort Worth, Texas, be improved by raising,
grading and filling same, constructing concrete curbs and gutters
on proper grade and line and by paving with permanent type pavement,
together with incidentals and appurtenances, and that the contract
has been made and entered into with General Construction Company
for the making and construction of such improvements, to wit;
On each Nos. 1, 2, 31 4 & 5 hereinbelow mentioned and described
portions of streets, designated as Units Nos. 1, 2, 3, 4 and 5, by
raising, grading and filling same, constructing concrete curbs and
gutters and concrete inlets where adequate curbs, gutters and inlets
are not now installed on proper grade and line, and by, paving with
7 inches of reinforced concrete pavement, placed thereon a 2 inch
compacted gravel foundation course, so as to make the completed
improved area 38 feet from face of curb to face of curb, together
with incidentals and appurtenances; all of said improvements to be
made in accordance with the plans and specifications for such
improvements.# providing that no part of the cost of making and
constructing concrete inlets shall be paid by abutting property and
the owners thereof nor shall the cost thereof be taken in considera—
tion in determining the amounts to be assessed against abutting
property and the owners thereof; said portions of streets being
as follows, to wit;
CROCKETT STREET, from the easterly line of University Drive
to the westerly line of Norwood Street, known and designated ad
Unit No. 1.
NORWOOD STREET, from the northerly line of West Lancaster
Avenue to the southerly line of West Seventh Street, known and
designated as Unit No. 2.
BLEDSOE STREET, from the easterly line of Norwood Street to
the westerly line of Foch Street, known and designated as Unit
No. 3.
CURRIE STREET, from the northerly line of West Lancaster
Avenue to the southerly line of Bledsoe Street; known and designated
as Unit No. 4.
MORTON STREET, from the easterly line of Currie Street to the
westerly line of Foeh Street, known and designated as Unit No. 5.
and,
WHEREAS, estimates of the cost of the improvements of such
portions of streets were prepared and filed and approved and adopted
by the City Council of the City, and a time and place was fixed for
1 -
w
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 fi ed therefor to wit, on
the -� y of e_�� , 1947, at�� � oflcloci .Me in the
Counc Chamber in i'fy Hall in e y of ForT£Worth, Texas,
and at such heari the
MIL
protested that
,r
F`
protested that
f , protested that
protested that
9
protested that
protested that
protested that
protested that
..
2 ..
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; THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT FORTH, 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.
I Y.
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, 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 property assessed is specially
benefited in enhanced value to the said properties by means of
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 accoridance 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.
IIz.
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 mentioned and itemized
shown opposite the description of the respective parcels of
property; the descriptions of the respective parcels of property,
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, his or
her pro rats 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 (6%) per centum per annum, together
with reasonable attorneyst 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 named
or correctly named herein or not, and the said liens shall be and
constitute the first enforceable lien and claim against the property
on which 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 advalorem 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 twenty 20days, one (1), two (2), three (3) and
four (4) years from the completion and acceptance of the improve-
ments in the unit upon which the particular property abuts, 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 the date of such completion
and acceptance at the rate of six (6) per centum per annum, payable
annually with each installment, so that upon the completion and
acceptance of the improvements in a particular unit, assessments
against the property upon such complethda 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 shell 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 the said Geheral Construction Company, or its assigns, be and
become immediately due and payable, and shall be collectible,
together with reasonable attorneys' fees and costs of collection,
If incurred.
VI.
If default shall be made in the payment of any assessment,
collection thereof shall be enforced either by 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
none-payment of ad valorem taxes, or, at the option of the said
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 enforcement
and collection of said assessments.
4 ..
Vii.
The City of Fort Forth shall not in any manner be liable
for payment of the sums hereby assessed against any property, or
the owners thereof, but the said General 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 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.
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
shall be issued by the City of Fort North 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 corpora-
tion seal, and shall be payable to said General 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, 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, 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, or the assessment 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 may be paid to the Assessor and
Collector of Takes of the City of Fort Worth, 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 GENERAL CONSTRUCTION COUPANY STREET
IMPROVEMENT FUND, and when any payment shall be made to the
Assessor and Collector of Taxes upon such certificate he shall,
upon presentation to him of the certificate by the Contractor,
or other holder thereof, endorse said payment thereon, and the
Contractor, or other holder of such certificate, shall be
entitled to receive from the City Treasurer the amount paid
upon presentation to him of such certificates so endorsed and
credited; and such endorsement and credit shall be the Treasurer' s
Warrant for making such payment. Such payments by the Treasurer
-- 5 --
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
theproceedings with reference to making the improvements to
which the particular certificate relates, 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 owner or 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 shall be required in any court.
The 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 either to General 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 rezite that the City of
Fort Worth 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 streets or drive adjacent to any premises exempt from lien
of such assessment 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, invaliditi es 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.
X2.
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 incorrect-
ly named,
Xii.
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 Civil Statutes of the
State of Texas, Annotated, which Act has been adopted as an
amendment to and made a part of the Charter of the City of Fort
Worth.
XIII.
The assessments for the improvements in one unit are in
nowise related to or connected with the improvements or
— 6 —
IL
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 affected by any fact in anywise
connected with the improvements or the assessments therefor in
any other unit•
PASSED AND APPROVED this day of ,
A. D., 1947.
----------------------------------
Mayor, City of Fort Worth, Texas.
ATTEST:
--------------------------
City Secretary*
APPFz EDS .to, To �'onr
.... . ....... .......
CITY ATTOkiN tY