HomeMy WebLinkAboutOrdinance 3785 ORDINANCE NO.
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING A PORTION OF
SEMINARY DRIVE EXTENSION IN THE CITY OF FORT WORTH,
TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTY
ABUTTING THEREON AND AGAINST THE OWNERS THEREOF, PRO-
VIDING FOR THE COLLECTION OF SUCH ASSESMENTS, THE
ISSUANCE OF ASSIGNABTE CERTIFICATES IN EVIDENCE THEREOF,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth, Texas, has heretofore ordered
that the below mentioned and described portion of Seminary Drive
Extension in the City of Fort Worth, Texas, be improved by raising,
grading and filling same, by constructing thereon a 10 inch Crushed
Limestone Base Course, a A inch Hot Mix Asphaltic Concrete Base on
said Base Course, and a 1i 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, to-
gether with storm sewers and drains and other necessary incidentals
and appurtenances; all to be constructed as and where shown on the
Plans and in strict accordance with the Plans and Specifications
therefor now on file with the City, and Contract has been made and
entered into with Texas Bi.tulithic Company for the making and con-
struction of such improvements; said portion of Seminary Drive Exten-
sion being as follows, to wit:
SEMINARY DRIVE EXTENSION from the westerly line of South Adams
Street to the easterly line of Hemphill Street, known and
designated as Unit No. 2;
and,
W[MMS, estimates of the cost of the improvements of such por-
tion of Seminary Drive Extension 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 anyvise 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 28th
day of February, A. D., 1958, 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:
protested that
protested that
protested that
-1-
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 O,`DAIIdED BY THE CITY COU^fCIL 0-', TI-Li, CITY
OF FORT WORTH, TEXAS, THAT:
SECTION 1.
Said hearing be, and the same s hereby, closed and
the said protests and objections, and any and all ot�ier protests
J -
and objections, whether herein enumerated or not, be and the
same are hereby overrule,"..
SECTTO',,i 2.
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 Drive, 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
for which such assessments are levied, and establish sub-
stantial 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 saiu improvements upon
which the particular property abuts, and ror which assess-
ment 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 witi-, the law in
force in this City and the proceedings of the City hereto-
fore had with reference to said improvements, and is in all
respects valid and regular.
SECTION 3.
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, and the several amounts
assessed against the same, and the owners thereof, as far
as such owners are known, being as follows :
- 3 -
SECTION 4.
Where more than one person, firm or corporation
Doration owns
an interest in any property above described, each said person,
firm of 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 of her
respective interest in such property may be released from the
assessment lien upon payment of such oroportlonate sum.
SECTION 5.
The several sums above mentioned and assessed against
the said parcels of property, and the owners thereof, and
interest the--eon at the rate of six -oer centurn (6,,,0) per annum,
together with reasonable attorneys' lees 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 enforce-
able lien and claim against the property on which such assess-
ments 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 respec-
tively on or before twenty (20) days, one (1), two (2), three
(3) and four (4) years from the date of completion and accept-
ance of the improvements and shall bear interest from the date
of such completion and acceptance at the rate of six per centum
(6;' ) per annum, payable annually with each installment, except
as to installments maturing in less than one year, which shall be
payable at the maturity of the installment so payable, so that
upon the completion and acceptance of the improvements assess-
ments against the property upon such completed and accepted portion
of Seminary Drive Extension 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 sarne matures, then the entire amount of the
assessment upon which such default is made, shall, at the option
of Texas Blitulithic 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 6.
If default shall be made in the payment of any assess-
ment, 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 for the non-payment of ad valorem taxes, or, at the
option of said Contractor, or its assigns, payment of said sums
shall be enforced by suit in any court of competent 'urisdiction,
and said City shall exercise all of its lawful powers to aid in
the enforcement and collection o4 said assessments.
- 4 -
SECTION 7.
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 Texas Bitulithic
Company, o^ 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 8.
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 y.
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 certifi-
cates shall be issued by the City of Fort Worth upon comple-
tion and acceptance by the City of the improvements, which
certificates shall be executed by the Mayor in the name of
the City and attested by the City Secretary, who shall impress
the corporate seal of the City thereon, and shall be payable to
Texas Bitulithic Company, or its assigns, and shall declare the
said amounts, time and terms of payn,cnt, rate of interest, and
the date of completion and acceptance of the ii;iproveraents
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 snail 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 prop-
erty, 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 receipted by him
in a separate fund, hereby GesiZnated as TEXAS BITULITHIC COVPAIvY
STHEET !I,-.,PROVE1,`,E.,,TT FUND, anu when any payment shall be made
to the Assessor and Collector of Taxes upon such certificate
he shall, upon presentation to him V the certificate by the
Contractor, or other holier thereof, endorse said payment
thereon, and the Contractor, or other holder of such certifi-
cate, shall be entitled to receive froiiri the City Treasurer
the amount paid upon presentation to him o2 such certificate
so endorsed and credited; and such endorsement and credit shall
be the Treasurer's Warrant for making such payrient. Such pay-
ments by the Treasurer shall be receipted for by the holder of
such certificate in writing and by surrender thereof when the
principal, together with accrueu :'-nterest and all costs of
5
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 certificate, and no further
proof thereof 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 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 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 Seminary Drive
Extension adjacent to any premises exempt from the lien of such
assessment, shall not in anywise invalidate, affect or impair the
lien of such assessments upon other premises.
SECTION 10.
Full power to make and levy reassessments and to correct mis-
takes, errors, i,nvalidities or irregularities, either in the assess-
ments or in the certificates issued in evidence thereof, is, in
accordance with the law in force in this City, vested in the City.
SECTION 11.
All assessments levied are a personal liability and charge
against the real and true owners of the premises described, not-
withstanding such owners may not be named, or may be incorrectly
named.
SECTION 12.
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 made a part of the Charter of the City of Fort North, Teams.
SECTION 1,3.
This ordinance shall take effect from and after its passage.
APPROVED AS TO FM
City Attorney
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ORDINANCE
TIV
T , ,
Adopted
Final Adoption
Published— —
01
Filidnz -riay of 490-izx-2 19AZ
Y itg secretary - '
P. O.No.42978-U