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HomeMy WebLinkAboutOrdinance 4083 ORDINANCE NO. ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF GORDON AVENUE, A PORTION OF FLINT STREET AND PORTIONS OF FIFTH AVENUE 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 street and avenues in the City of Fort Worth, Texas, be improved by raising, fra.ding and filling same and by con- structing thereon a 7z inch Flexible Base Course of crushed limestone with a 11 inch Hot Mix Asphaltic Concrete Surface, and by further constructing thereon combined concrete curbs and gutters on proper grade and line where same are not already so constructed, together with storm sewers and drains 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 contract has been made and entered into with Texas Bitulithic Company for the making and construction of such improvements; said portions of street and avenues being as follows, to wit: GORDON AVENUE, from the northerl�yr line of McPherson Street to the northerly line of Lot 18, Block 22, Frisco Railroad Addition, known and designated as Unit No. 1; FLINT STREET: from the easterly line of Fifth Avenue to the westerly line of Henderson Street, known and designated as Unit No. 2; FIFTH AVENUE: from the southerly line of Hammond Street to the northerly line of Boyce Street, known and designated as Unit No. 3; FIFTH AVENUE: from the northerly line of Hammond Street to the southerly line of Gambrell Street, known and designated as Unit No. 4; and, WHEREAS, estimates of the cost of the improvements on each such portion of street and avenues 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 17th day of April, 1959, at 10:00 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: - l - protested that Protested that protested that 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 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 portions of street and avenues 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 improve- ments 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 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. 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 far as such owners are known, being as follows: - 3 - 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 against 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 res- pectively 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 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 install- ment, 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 reasonable 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 as near as possible in the manner provided for the sale of property - 4 - 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 competentjurisdiction, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. 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 owners 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 a.s 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 acceptance of the improvements abutting upon such property for which the certif- icate 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 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 - 5 - Collector of Taxes upon such certificate he shall, upon present- ation 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 and credited; and such endorse- ment 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 property described in such certificate and the personal liabil- ity 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 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 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 street and avenues 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 real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrect- ly 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 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 any one unit have been in - 6 - 1 nowise affected by any fact in anywise connected with the improve- ments or the assessments therefor in any other unit. 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 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. PASSED AND APPROVED This 17th day of April, 1959. 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