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HomeMy WebLinkAboutOrdinance 2875 ORDINANCE NO. % ORDINANCE CLOSIWG HEARING AND LEVYING ASSESSMENTS FOR PART OF TIE COST OF IMPROVING A PORTION OF UNIVERSITI DRIVE 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 below mentioned and described portion of University Drive in the City of Fort 1.ortli, be improved 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 Six (6) inches reenforced concrete bases and one and one-half (1-1/2) inch hot mix asphaltic concrete sur- face, to-gether with incidentals and appurtenances, including drains where necessary so as to make the completed improved area on University Drive sixty (60) feet from face of curb to face of curb; all of said improvements to be made in accordance with the plans and specifications for such improvements providing that no of the cost of making and constructing concrete inlets shall be paid by abutting pro- perty and the owners thereof nor shall the cost thereof be taken in consideration in determining the anounts to be assessed against abutting property and the owners thereof; said portion of said street being as follows, to-wit: UNIVERSITY DRIVE FRCLI THE SOUTH RIGHT OF WAY LIRE OF THE TEXAS AND PACIFIC RAILROAD TO THE NORTH END CF THE BRIDGE OVER THE CLEAR FORK OF THE TRINITY RIVER IN FOREST PARK. WHEREAS, estimates of the cost of the improvements of such portion of University Drive 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 the owners thereof, and to all others in anywise interested, and due and proper notice of the time, place and purpose of said hearing was give 4and said hearing was had and held at the time and place fixed therefor, to-wit, on the 2nd day of May, 1951, at 9:30 otclock A. M., in the Council Chamber in the City Hall of the City of Fort Worth, Texas, and at such hearing the *following protests and objections were made, to-wit:: Protested that Protested that 6 Protested that Protested that Protested that and said hearing was continued to the present time in order to.more fully accomplish the purpose thereof, and all desiring to be heard were given full and fair opportunity' to be heard, and the City Council of the City having folly 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 WORTH, TEXAS, THAT I. Said hearing be, and the same is hereby, closed and said protests and objections, and ally and all other protests and objections, whether herein enumerated or note 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 said portion of University Drive and against the owners of such property, and that such assessments and charges are right and proper and are substantially in pro- portion Oo the benefits to the respective parcels of property by means of the improvements on such portion of street 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 on such portion of street upon which the particular property abuts, and for which assessment is levied and charge made, in a sum in excess of 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 here- tofore 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 and property hereinbelow mentioned, and against the real and true owners thereof (whether such owners be correctly named herein or not), the suns 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: -2- 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 re- leased from the assessment lien upon payment of such proportionate sum. V. The several sums above mentioned and assessed again the said parcels of property, and the owners thereof, and interest thereon at the rate of six (6) per cent per annum, to-gether 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 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 such assessments are levied, m d shall be a first and paramount lien thereon, superior to all other liens and claims, except State, School District, County 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 install- ments, due respectively on or before twenty (20) days, one (1), two (2), three (3), and four (4) years from the completion and acceptance of the improvements on said Portion of street upon which the particular property abuts, 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 installlment, so that upon the completion and accepatance of the improvements assessments against said property shall be and become due and payable in such installments and with interest fran the date of such canpletion and acceptance. Provided, howerver, that any owner shall have the right to pay the entire assessment, or any installment thereof, before matutity, by payer ment of principal and accrued interest, and provided further that if default shall be made in the payment of any installment or principal or interest promptly as tha same matures, then the entire amount of the assessment upon which such default is made, shall at the pption of the said GENERAL CONSTRUCTION COMPANY, or its assigns, be and become immediately due and payable, and shall be collectible, together with reasonable attorney fees and costs of collection, if incurred. VI. If default shall be made in the payment of my 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 possible in the manner provided for the sale of property -3- foi- the non—payment of ad valorem takes, or at the option of the said Contractor, or its assigns, payment of said sums shall be enforced by spit 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. VII. The City of Fort Worth 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 loo$ 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 col— lection 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 pay- ments, and to aid in the enforcement, and collection thereof, assignable certificates shall be issued by the City of Fort Worth upon completion and acceptance by the City of such improvements as the work 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 corporation seal and shall be payable to said GENERAL CONSTRUCTION CCMPANY, 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 otherw..se 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 vi ll be sufficient, and no error or mistake in des— cribing any property, or in giving the name of the owners shall invalidate or in an wise impair such certificates, or the assessments levied. The certificates shall provide substantially that is same shall not be paid promptly tpon 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, who shall issue his receipt therefor, which shall be evidence of -4- 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 CCMPANY 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 thereof, endorse said payment thereon, and the Contractor or other holder of such certificate, shall be entitled to re- ceive 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 shall be receipted for by the holder of such certificate in writing and by surrender there- of 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 to which the particular certificate relates, have been regularly had in compliance with the law, and that all pre-requisites to the fixing of the assessment lien against the property described in such certificates 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 therof 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 *he 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 shall exercise all of its lawful powers, when requested so to do, to aid in the enforce- ment affd 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 foam above set forth., but the substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of said street adjacent to amy premises exempt from the lien of such assessment shall not in anywise invalidate affect or impair the lien of such assessments upon other premises. g. Full power to make and levy re-assessments and to correct mistakes,, errors, -5- iuvalidities 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 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. X1b. The assessments levied are made and levied under and by virtue of the terms, powers, and provisitns 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, i Annotated, which Act has been adopted as an amendment to and made a part of the i� charter of the City of Fort Worth. PASSED AND APPROVED THIS 2nd day of May, 1951. Mayor, City of Fort 'Worth. W ATTEST: y Secretary APPROVED AS TO FORM. City Attorney i *21 :7 3 0 3 C' 2 M ig p 4d 1 ":7� • w iyf Gi O ii �N il I A i i i �NO uw Ewa1 HW rf `may, r � e�Q � '� 44 40 .3 11 spy .0 Eras, 3 �a gyp, 1.3 1_�� ,1 R}, 4�i ��' �fq,6d W }tpa� 4F1 4 pa@ Fri °4j �j ;,NNN a 'r�7tfr^s 13 F: 4: i Fi E. co :. 7 r+ 431 `-C clk. r L �•1 n+� :O O ;0 w � 1-4 a w P F��G t9 bJ •� L� o f 7 o � 3 �E-4 0. Ts• + .1 dd p� i3;-! 0 +may ii g.3 � r p t tir�4 Ci � C 4 . L� 0P s v V 43 Nib w16 1 � a� m 0.4 J 7 � IN !? U tl p:l U f?�F - w ��}�^' _ •�� T_�_Y "'ALL - 4s o • • • ..r"� iy • wL a 1���aF�i•�s '��* �' `i '� �.3 , 4`" ..�'� .ice-J u.14'�"�M4 '- +1 4+L1,� 5,� 1E1 yau.� 14�'' �F� �L�•!t • +MAa U t .i�Q [i t6 k i4l, FORM C !yo z $?dam V. EDGAR DEEN, MAYOR • COACILMEN MEN t.L. WAXER J, R.LDWARDf - OEO. R.[.COW AN C RrryovFo COT. 'T RAY CROWDER W.O.JONEf. CITY MANAGER APR 27 DEPARTMENT OF PUBLIC WORKS CtTy C. M. THELIN, DIRECTOR April 30, 1951 � Mr. W. 0. Jones Re: University Drive Paving City Manager Building Dear Sir: In connection with the proposed paving of a portion of University Drive, we are at- taching the following documents: 1. Ordinance closing Hearing and levying assessments. Previous steps taken in connection with this Project are as follows: 1. Ordinance # 2786 ordering the improvements passed August 9, 1950. 2. Ordinance # 2816 approving Plans and Specifications passed October 25, 1950. 3. Report of the Director of Public Works approved October 25, 1950. - 4. Advertised for Bids October 27, 1950. 5. Bids received November 16, 1950. 6. Ordinance # 2827 referring Bids to the Department of Public Works November 22, 1950. 7. Report of Director of Public Works approved November 22, 1950. 8. Ordinance # 2828 approving the report of the Director of Public Works, awarding the Contract and directing the Engineer to prepare Estimates, passed November 22, 1950. 9. Report of the Director of Finance approved November 22, 1950. , f 10. Ordinance # 2869, Setting date of Searing for May 2, 1951, passed April 18, 1951. 11. Authorised Notice of Hearing to be published on ,41+ri1 20. 21, and 23, 1951, passed April 18, 1951. Mr. W. 0. Jones Page Two April 30, 1951 If the attached documents are approved by the City Council Wednesday, May 2. 1951, further stems will be initialed. Yours very t ;� 9 /I C. M. TEILIA DIRECTOR OF PUBLIC WORKS CMT:eb Attache.