HomeMy WebLinkAboutOrdinance 4178 7 z
ORDINANCE NO.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING A PORTION OF
TILLAR STREET AND A PORTION OF VACEK STREET 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 each of the hereinafter described portions of
streets in the City of Fort 'Worth, Texas, save and excepting
from each said portion the areas occupied by rails, tracks,
double tracks, turnouts and switches and two feet on each side
thereof, be improved by raising, grading and filling same and
by constructing thereon a 10 inch crusher run crushed limestone
flexible base course with a A inch hot mix asphaltic binder
course and with�a li inch hot mix asphaltic concrete surface,
together with combined concrete curbs and gutters and other
necessary incidentals and appurtenances; all of which said
improvements are to be constructed as and where shown on the
Plans and in strict accordance with the Plans and Specifications
therefor; and,
WHEREAS, the City Council of the City of Fort Worth,
Texas, has heretofore ordered that the areas of the herein-
after described portions of streets lying between and under
rails, tracks, double tracks, turnouts and switches and two
feet on each side thereof, be improved by constructing and
placing thereon a minimum of 6 inches of hot mix asphaltic
concrete surface, with plank crossings to be constructed at
all street intersections,and the Saint Louis, San Francisco
and Texas Railway Company has agreed to construct those said
improvements at its own cost and expense; and,
WHEREAS, contract has been made and entered into with
Texas Bitulithic Company for the making and construction of
all those improvements on the hereinafter described portions of
streets, save and excepting those improvements to be constructed
by the Saint Louis, San Francisco and Texas Railway Company;
said portions of streets being as follows, to wit:
TILLAR STREET: from the easterly line of Foch Street
to the westerly line of Vatek Street, known and designated
as Unit No. 1;
VACEK STREET: from the northerly line of White
Settlement Road to the southerly line of Cullen Street, known
and designated as Unit No. 2; and,
WHEREAS, estimates of the cost of the improvements on
each such portion of Tillar Street and :;Vacek Street were pre-
pared and filed and adopted and approved by the City Council of
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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 pla.ce fixed therefor, to wit, on the
28th day of August, 1959, 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
protested that
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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 WORTH, TEXAS, THAT:
SECTION 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.
SECTION 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 Tilla.r Street and said portion of Va.cek Street, and against
the owners of such property, and that such assessments and
charges are right and proper and are substantially in pro-
portion to the benefits to the respective parcels of property
by means of the improvements in the unit for which such assess-
ments 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 ben-
efited 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 apportion-
ment 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.
SECTION 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 mentioned and
itemized shown opposite the description of the respective parcels
of property, as fa.r as such owners are known, being as follows:
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SECTION 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 a.gainst such prop-
erty 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.
SECTION 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 respect-
ively 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 in the respective unit, and the assessments
against the property abutting upon the remaining unit shall be
and become due and payable in such installments after the date
of the completion and acceptance of such respective unit, 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 Texas
Bitulithic Company, or its assigns, be and become immediately
due and payable, and shall be collectible, together with reason-
able attorneys' fees and costs of collection, if incurred.
SECTION 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 a,s
near as possible in the manner provided for the sale of property
for the non-payment of ad valorem taxes, or, at the option of
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.
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SECTION VII.
The City of Fort Worth, Texas, shall not in any manner
be liable for payment of the sums hereby assessed against any
property or the owner thereof, but the said Texas Bitulithic
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.
SECTION 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.
SECTION 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 certif-
icates 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 said Texas Bitulithic Company, or its
assigns, and shall declare the said amounts, time and terms of
payment, rate of interest, and the date of completion and accept-
ance 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
a,s 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 certif-
icate, 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 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 TEXAS BITULITHIC
COMPANY STREET IMPROVEMENT FUND, and when any payment shall be
made to the Assessor and Collector of Taxes upon such certif-
icate 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 certificate so endorsed
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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 cert-
ificate 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 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
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 either to Texas Bitulithic Company, or
its assigns, or to the bearer, and may be signed with the fac-
simile signatures of the Mayor and City Secretary.
Said certificates shall further recite that the City
of Fort Worth, Texas, shall exercise a.11 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 appro-
priate 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 Tilla.r Street and Va.cek Street adjacent
to any premises exempt from the lien of such assessments, shall
not in anywise invalidate, affect or impair the lien of such
assessments upon other premises.
SECTION 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.
SECTION XI.
All assessments levied are a. personal liability and
charge against the rea.l and true owners of the premises des-
cribed, notwithstanding such owners may not be named, or may
be incorrectly named.
SECTION 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 the . one unit
are in nowise affected by the improvements Or assessments in
the 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 the other
unit.
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SECTION 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 a.s Chapter 106 of the Acts of said Session
and now shown as Article 1105b of Vernon's Texas Civil Statutes,
which Act ha.s been adopted as an amendment to and made a part
of th6 Charter of the City of Fort Worth, Texas.
PASSED AND APPROVED This 28th day of August, 1959.
APPROVED AS TO FORM:
,q-)7 7, City Attorney
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CITY OF FORT WORTH
TEXAS
OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. PW9— 2
August 28, 1959
Honorable Mayor and C
Members of the City Council Re: Paving on Tik ar and Vacek
City of Fort Worth Sts., Project No. 94-134-2
Closing Benefit Hearing
Mrs. McKnight and Gentlemen;
We are submitting a proposed ordinance,closing the Hearing and levying
assessments and providing for the issuance of assignable certificates on
portions of Tillar and Vacek Streets.
A total of $ 16,000 was appropriated March 6, 1959, for the City's portion
of the cost of the project.
It is recommended that the ordinance closing the Benefit Hearing be adopted.
Res ectf
P.
ully submitted,
LPC:ih L..r . `Cookingham
City Manager