HomeMy WebLinkAboutOrdinance 3084 . Y
ORDINANCE NO.
AN ORDINANCE OF TIE CITY OF FOIST WORTH, TEXAS CLOSING THE
HEARING GIVEN TO THE T&I-L AND TWVE OVdMRS OF PROPERTY&&BUTTING
UPON BERRY STREET IN THE CITY OF FORT VRTH, TEXAS, VIITHIN TIM
LIMITS HERRINBELCW DEFINED, AS TO THE SPECIAL BENEFITS TO ACRUE TO
SAID PROPERTY, AND RAILROADS, AND THE REAL AND TRUE Y NERS
THIMi F, BY ?rJ=UE OF THE IMPROVEMENT OF SAID LIIv[ITS, AND AS TO
ANY ERRORS, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PRO&
CEEDINGS OR CONTRACT THETaFOR, OVERRULING AND DENYING ALL PRO..
TESTS AND OBJECTIONS OF_FF_P_VT1. FINDING AND DETEMAINING T;AT EACH
AND EVERY PARCEL CF PROPERTY ADUTTING UPON SAID STRI,ET WITHIN
TIE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN
VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAD ?t't—NOVEDENTS,
PROPOSED TO BE, AND AS ASSESSED AGAINST SAID PROPERTIES, AND
RAILROADS ANT-- TV.L AMID TRUE OWNE9,S THEREOF, LLD LEVYING AN
ASSESSMENT FOR THE PAYlIOn OF A PORTION OF THE CAST OF IMPROVING
SAID STREET WTr HIN SAID LDLITS DEFINED, FIXING A CHARGE AND
LIEN AGAINST SAID PROPERTIES, AND RAILROADS, AND :ZEAL AND TRUE
OWNERS THEREOF: PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTI-
FICATES UPON THE COLTLETION AND ACCEPTANCE OF SAID TCFK, THE
MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTI-
FICATES, AND PROVIDING TI'AT THIS ORDINANCE SHALL TAKE EFFECT
UPON ITS PASSAGE.
HE IT ORDAINED BY T HE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
The City Council of the City of Fort Worth, Texas, hereby finds
and determines:
(a) That the City Council of the City of Fort Worth, Texas,
has heretofore by ordinance duly enacted on the 8th day of
October , A.D. 19.12 , determined the necessity for,
and ordered the improvement of portions of Marlj Street'
within the limits hereinafter defined, in the City of Fort
Worth, Texas, in the manner and according to the plans and
specifications therefor, which plans and specifications have
been heretofore approved and adopted by said City Council,
said street and the portions thereof so ordered improved
being as follows, to wit:
BERRY STREET, from the Easterly line of Hemphill Street to the
Westerly line of the North-South Freeway.
(b) That notice duly enacted in the name of the City of Fort
Worth, Texas, of the enactment of said above described ordinance
has heretofore been filed with the County Clerk of Tarrant
County, Texas, in which said City is situated, on the 21st
day of October , A.D. 1952, and duly recorded in
Vol. 1967 , Page 225 , of the 'Mortgage Records of Tarrant
County, Texas.
(c) That after advertising for bids for the construction 0£
said improvements in the manner and for the length of time as
required by law and the Charter of the City of Fort Worth, the
lowest secure bid of Worth Construction Company, a Corporation
was accepted and contract duly awarded to said Worth Construct-
ion Company for the construction of said improvement by ordin-
ance duly enacted on the 18thday of Moab , A.D.
19<3,-, which contract is dated the ?th day of Wy
A.D. 19�; and
F
That the City Council of said City has caused the Director
of)
Public Works to prepare and file estimates of the costs of
such improvements on the portions of said street to be improved
and estimates of the amounts per f ront foot proposed to be
assessed against the property abutting upon said street within
the limits above defined, and the real and true owners there-
of, and said Director of Public Works has heretofore filed
said estimates and a stateymnt of other matters relating there-
to, with said City Council and same has been received, examined
and approved by said City Council.
(e) That said City Council, byerdinance duly enacted, dated
the 6th day of . A.D. 19 53, did determine
the necessity of levying an assessment for that portion of
the cost of constructing said improvements on said street
within the limits above defined, to be paid by the properties
abutting thereon, and the real and true owners thereof, and
did order and set a tearing to be held at 10:00 o'clo ck A.M.
2 ;. 19_a in the Council Chamber of the City Hall of
the City of Fort Worth, Texas, for the real and true property
owners of the properties abutting upon said street within
said limits defined, and for all others owning or claiming any
interest in, or otherwise interested in said properties, or
said matters as to the assessments and amounts proposed to
be assessed against each parcel of said abutting property,
and the real and true owners tha-reof and as to the real
and special benefits to accrue to said abutting properties
and the real and true owners thereof by virtue of said
improvements, if any, or concerning any error, invalidity,
irregularity or deficiency in any proceeding or contract
concerning same, to appear and be beard in person or by counsel
and offer evidence in reference to said matters; and said City
Council did by ordinance, order and direct that the City
Secretary of said City give notice of said hearing as required
by the laws of the State of Texas, to-wit: Chapter 106 of
the Acts of the Fortieth Legislature of the State of Texas,
known as Article 1105-.b of Vernon's Annotated Civil Statutes
of Texas, as adopted by Section 17 of Article XXTII of the
Charter of said City, said notice to be by a publication in
some newspaper of general circulation in the City of Fort
Worth, Texas, said notice to be published in said newspaper
at least three times prior to the date of said hearing, the
first publication of which to be at least ten days prior
thereto.
(f) That said notice as ordered and directed by said City
Council and as required by said Acts above mentioned, was
duly given by publication of same in Fort Worth Star-Telegrams
a newspaper of general circulation published in the City of
Fer% Worth, Texas on mav,1.1 , A.D. 19
mwv_IIk 3�— A.D. 1 , �..�3
(g) Tint after due, regular and proper notice thereof all as
provided by said Acts, above mentioned, said bearing of which
notice was so given was opened and held on the 2 th day of
i s A.O. 1953_, ate10:00o'clock &M. in the Council Chamber
of the City Hall of the City of Fort Worth, Texas in accord-
ance with said ordinance and notice, at which time an oppor-
tunity was given to all of said above mentioned parties and
agents and attorneys, to be heard and to offer evidence as to
All matters in accordance with said ordinance and notice, at
which time the following appeared and testified as follows:
and H. J. ASTON, in response
to questions by the City Attorney, eaeh stated that he was a
resident of the City of Fort Worth, Tarrant County, Texas
and said was engaged in the real
2.
estate business and said Aston was City Land Agent; that he
was f smil iar with real estate and it s values in said City,
and in particular with the properties and values tbereof
abutting upon Perry Street in said City to be improved under
these proceedings; that in his opinion, if said street is
improved in the manner proposed by the City under these pro—
ceedings, that each and every parcel of property abutting upon
said Street to be improved kill be specially benefited in
enhancement in value as a result of the construction of said
improvements; and that in his opinion the amount of such
special benefits which will accrue to each parcel of the pro—
perty abutting upon said street as a result of said improve-
ments will be in an amours+ in each case, in excess of-4-
per froht foot.
appeared and protested
that:
appeared and protested
that:
_ appeared and protested
that:
appeared and protested
that:
appeared and protested
that:
appeared and protested
appeared and protested
that:
appeared and protested
that;
.ti
appeared and protested
that;
appeared and protested
that.-
No further persons or parties appearing and desiring to be
heard or offer testimony, upon motion of Councilman
, seconded by Councilman
and duly carried, said hearing was declared closed.
4.
(h) That at none of said hearings were any objections, protests
or testimony offered as to any of the proceedings in referenee
thereto except as hereinabove set out; and said City Council
has heard evidence as to the special benefits in enhanced
value to accrue to said abutting properties, and the real and
true owners the reof, as compared wit h the portion of the cost
of construction said improvements proposed to be assessed
against said properties, and has heaazd all parties appearing
and offering testimony, together with all protests and ob-
jections relative to such matters and as to any errors,
invalidities or irregularities in any of the proceedings and
contract for said improvements, and has given a full and fair
hearing to a34 parties making or desiring to make any such
protests, objections or to offer testimony, and has fully
examined and considered all of said evidence, matters, testi-
mony and objections offered, and based upon samme, said City
Council finds upon said evidence that each and every parcel of
property improved as herein defined, viL ll be enhanced in value
and specially benefited by the construction of said improve-
ments in an amount in excess of the amount of the cost of
said improvements proposed to be, and hereinbelow assessed against
each of said parcels of property abutting upon said street, to
be improved, and the real and true owners thereof; and said
City Council did consider and correct all errors, invalidities,
or deficiencies called to its attention, and did find that all
proceedings and contracts were proper and in accordance with
the laws under which same are being had and the proceedings of
said City Council thereto had with reference to such improvements
and that all of same are in all respects valid evidence that
the assessments hereinbelow made and the charges hereby de-
clared against said abutting properties and the real and true
owners thereof are just anti equitable and did adopt the rule
of zpportionmmment set forth below herein and the division of
the costs of said improvements betwean slid abutting proper-
ties, and the real and true owners thereof, as being just
and equitable and as producting a substantial equality con-
sidering the benefits to be received and the burdens imposed
thereby, and that all objections and protests should be aver-
-ruled and denied.
SECTION 11.
That there being no further protests or testimony for of against
or in reference to said improvements, benefits or proceedings, said hearing
granted to the real and true owners of properties abutting upon said street,
within the limits herein defined, and to all persons, firms, corporations,
and estated, owning or claiming same or any interest therein, be, and the
same is hereby closed and all protests and objections, whether specifically
mentioned or not, shall be, and the same are hereby overruled and denied.
SECTION ill.
The City Council hereby, finds and determines upon the evidence
heard in reference to each and every parcel of property abutting upon said
street, within the limits herein defined, that the special benefits in the
enhanced value to accrue to said property, and the real and true owners
thereof, by virtue of the construction of said improvements in said portions
of said street, will be in excess of the amount of the costs of said improve-
ments proposed to be, and as herein assessed against said abutting properties,
5.
and the real and trae owners thereof,and finds that the apportionment of the
costs of said improvements, and that the assessments hereinbelow made, are
just and equitable and product substantial equality, considering the benefits
received and the burdens imposed thereby, are in accordance with the laws of
the State of Texas, and the Charter of said City; and that all proceedings
and contracts heretofore had Ath refernee to said improvements are in all
respects regular, proper and valid, and that all prQrequisites to the fixing
of the assessments liens against said abutting properties, as lzreinafter
described, and the personal liability of the real and trae m°mgrs thereof,
whether named or correctly named herein or not, have been in all things regularly
had and performed in compliance with the law, and the proceedings of said
City Council.
SECTION IV.
That in pursuance of said ordinance duly enacted by said City
Council authorizing and ordering the improvement of said hbove described
street, within the limits hereinabove named and defined, and in pursuance
of said proceedings heretofore had and enacted by said City Council in
reference to said improvements and by virtue of the powers vested in said
City with respect to said street improvements by the laws of the State of
Texas, with particular reference to Chapter 106 of the Acts of the First
Called Session of the Fortieth Legislature of the State of Texas, }moan
and shown as Article 1105-b of Vernon's Annotated Civil Statutes of Texas,
as amended and as adopted by Section 17, Article XXIII, of the Charter of
said City, there shall be, and is hereby levied, assessed and taxed against
the respective parcels of property abutting upon said street, as hereinbelow
described, and against the real and true owners thereof, whether such real
and true owners be named or correctly named, or said p roperties,be correctly
described herein or not, the several sums of money hereinbelow mentioned and
itemized opposite the description of the respective parcels of said property,
all as corrected and adjusted by said City Council, being as follows, to-wit.
(Here insert Assessments Rolls)
6.
i
SECTION V.
That the several sums mentioned above in Section IV hereof, assessed
against said parcels of abutting property and the real and true owners thereof,
whether said owners be named or correctly named or said properties be correctly
described herein or not, together with interest thereon at the rate of six (6%)
percent per annum and lath reasonable attorney's fees and all costs and expense
of collection, if incurred, are hereby declared to be and made a first and
prior lien upon the respective parcels of property against which same are assessed
and taxed from and after the date said improvemf:*sts were ordered by said City
Council, and a personal liability and charge against the real and true owner or
owners thereof, whether or not such owner or owners be named or oorreptly
named herein, and said liens are and shall be paramount and superior to all
other liens, claims, or titles exeept for lawful and. valorem taxes; and that
the sums so assessed and taxed shall be payable as follacs, to-wit; in five
(5) equal annual installments, the first of which will be payable on or before
twenty days after the completion and acceptance of said improvements by said
City Council, and the four (4) remaining installments to be due and payable
respectively one (1), two (2), three (3), and four (4) years from and after
said date of completion and acceptance of said improvements by aaid City
Council, deferred payments to bear interest from such date at the rate of six
(6) percent per annum, payable annually, past due installments of principal
and interest to bear interest at the same rate per annum until paid; however,
any owner of such property shall Pave the right to pay off the entire amount
of any such assessmnt, or any installment thereof, before maturity by paying
principal and accrued interest to date of said payment; and provided, further
that if default shall be made in the payment of any installment of principal
or interest when due, than the entire amount of said assessment or tax, upon
which default is made, shall, at the option of the said Worth Construction
Company, or its assigns, be, and become immediately due and payable and shall
be collectible, together with reasonable attorney's fees and all costs and ex-
per_ees of collection, if incurred.
SECTION VI.
That the City of Fort Worth, Texas shall not in any manner be liable
for the payment of any sums hereby validly assessed against any abuttin pro-
perty and the real and true owner or owners thereof, but Worth Construction
7.
4
Company shall look solely to such property and the real and true owner or
owners thereof, for payment of any sums validly assessed against said respective
parcels of property, but said City shall be obligated to furnish Worth Const—
ruction Company valid assessments and assessment certificates and shall exercise
all of its lawful pourers to aid in the enforcement and collection of said liens
and assessments; and if default shall be made in the payment bf any of said sums
herein assessed or taxed against the said parcels of property, and the teal and
true owner or owners thereof, collection thereof shall be enforced at option of
said Worth Construction Company, or its assigns, either by suit in any court
having jurisdiction or by sale of property assessed as nearly as possible in
the manner as may be provided by law in force in said City for the sale of
property for the collection of ad valorem taxes.
SECTION VII.
That for the purpose of evidencing said assessments, special taxes, the
liens seaming same and the several sums assessed against the said parcels of
property, and the real and true owner or owners thereof, and the time and terms
of payment, and to aid in the enforcement thereof, assignable certificates shall
be issued by the City of Fort Worth, Texas, to Worth Construction Company, upon
completion and acceptance of said improvements in said street, which certificates
shall be executed by the Mayor in the name of the City, attested by the City
Secretary with the City's corporate seal, and which shall declare the amounts
of said assessments and the times and terms thereof, the rate of interest
thereon, the date of the completion and the acceptance of the improvements
for which the certificates are issued, and shall contain the name of the apparent
true ommer or owners as accurately as possible, and the description of the
property assessed by lot and block number or front foot thereof, or such other
description as may otherwise identify the same, and if the said property shall
be owned by an estate or firm, then to so etate the fact shall be sufficient,
and no error or mistake in describing any such property or in giving the name
of any owner or owners, or otherwise, shall in anywise invalidate or impair the
assessment levied hereby or the certificate issued in evidence thereof.
That the said certificate shall further provide substantially that if
default shall be made in the payment of any installment of principal or interest
when due, then at the option of Worth Construction Company or its assigns, or
B.
the holder thereof, the Whole of said assessment evidenced thereby shall be
at once due and payable and shall be collectible �dth reasonable attorney's fees
and all expenses and costs of collection, if incurred, and said certificats
shall set forth and evidence the personal liability of the real and true owner
or owners of such property, -whether named or correctly named therein or not, and
the lien upon such property, and that said lien is first and paramount thereon,
superior to all other liens, titles and charges except for lawful ad valorem
taxes, from and after the date said improve"nts v:ere ordered by said City
Council, and shall provide in effect that if default shall be made in the payment
thereof, the saws may be enforced, at the option of Worth Construction
Company, or its assigns, either by the sale of the property therein described
in the manner provided for the collection of ad valorem taxes as above recited
or by suit in any court having jurisdiction.
That said certificate shall further recite in effect that all the
proceedings with reference to making said improvements have been regularly had
in compliance with the law in force in said City and proceedings of the City
Council of said City, and that all prerequisites to the fixing of the assess-
went lien against the property and the personal liability of the real and true
owner or owners thereof evidenced by such certificates, have been regularly
done and performed which recitals shall be evidence of all the matters and facts
so recited and no further proof thereof shall be required in any court.
That the said certificates may have coupons attached thereto in evi-
dence of each of any of the several installments tbereof, which may be signed
with the facsimile signatures of the Mayor and City Secretary.
That said certificates shall further provide in effect that the City
of Fort Worth, Texas, shall exercise all of its lawful powers when requested
to so do by the holder of said certificates, to aid in the enforcement and
collection thereof, and said certificates may contain other and further recitals
pertinent and appropriate thereto. It shall not be necessary that said certi-
ficates shall be in the exact form as above set forth, but the substance and
effect thereof shall suffice.
SECTION VIII.
That all such assessments levied are, and shall be, a personal liar
bility and charge against the respective real and true owner or owners of said
abutting properties, notwithstanding such owner or owners may not be named
9.
� F
or correctly named, and any irregularity in the name of the property owner,
or the description of any property or the amount of any assessment, or in any
other matter or thing shall not in anywise invalidate or impair any assessment
levied hereby or any certificate issued and such mistake error, invalidity or
irregularity whether in such assessment or in the certificate issued in evidence
thereof, may be, but is not required to be, in order to be enforceable, corrected
at any time by the City Council of the City of Fort Worth, Texas.
That the total amounts assessed against the respective parcels of
property abutting upon said street within the limits herein defined, and the
real and true owner or owners thereof, are the same or less than, the estimates
of said assessments and charges prepared by the Director of Public Works and
approved and adopted by said City Council and are in accordance withthe proceedings
of said City Council relative to said improvements and assessments therefor,
and with the terms, powers and provisions of said Chapter 106 of the Acts of
the First Called Session of the Fortieth Legislature of the State of Texas,
known as Article 1105—b of Vernon's Annotated Civil Statutes of Texas as
adopted by Section 17, Article XXIII, of the Charter of said City, under which
terms, provisions and powers and said proceedings, said improvements and assess—
ments were had and made by said City Council.
SECTION IX.
This Ordinance shall take effect and be in full force from and after
its passage.
PASSED AND APPROVED, this the 3" day of , 19�.
MAYOR OF THE CITY OF FORT WORTH.
TEXAS
ATTEST;
CITY S 'AW
APPROVED AS TO FOId:
CITY ATTORNEY
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