HomeMy WebLinkAboutOrdinance 2491 r
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AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, CLOSING
THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF
PROPERTY AEUTTING UPON GAMBRELL STREET IN THE CITY
OF FORT WORTH, TEXAS, WITHIN THE LIMITS HEREINBELOW
DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID
PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, BY
VIRTUE OF THE IMPROVEMENT OF SAID STREET WITHIN SAID
LIMITS, AND AS TO ANY ERRORS, INVALIDITIES, OR IRREGU-
LARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR,
OVER-RULING AND DENYING ALL PROTESTS AND 0 WECTIONS
OFFERED; FINDING AND DETERMINING THAT EACH AND EVERY
PAROEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN
THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND
ENHANOED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST
OF SAID IMPROVEMENTS, PROPOSED TO BE, AND AS ASSESSED
AGAINST SAID PROPERTIES, AND THE REAL AND TRUE OWNERS
THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF
A PORTION OF THE COST OF IMPROVING SAID STREET WITHIN
SAID LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST
SAID PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF,
PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES
UPON THE COMPLETION AND ACCEPTANCE OF SAID WORX, THE
MANNER AND TIME OF PAYMENT THEREOF AND PROVIDING FOR
THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSIENTS
AND CERTIFICATES, AND PROVIDING THAT THIS ORDINANCE
SHALL TARE EFFECT UPON ITS PASSAGE.
BE IT ORDAINED BY THE 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 July 10, 1948, determined
the necessity for, and ordered the improvement
of portions of Gambrell Street in the City
of Fort Worth, Texas, within the limits herein-
after defined, in the manner and according to
the plans and specifications therefor, which
plans and specifications have heretofore been
approved and adopted by the said City Council,
said street and portions thereof to be improved
being as follows, to-wit:
GAMBRELL STREET, from the west line of Stanley
Avenue to the west line of Hemphill Street.
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(b) That after advertising for bids for the con-
struction of said improvements in the manner and
for the length of time as required by the law and
the Charter of said City, the lowest secure bid of
Brown & Root, Inc. was accepted and contract duly
awarded to said Brown & Root,Inc. for the oonstruc-
tion of said improvements, which contract is dated
July 23, 1947, and approved and authorized by
Ordinance No. 2441, duly enacted by the City Council
on August 6, 1947; and
(a) That in said plans, speoifioations and contract
that portion of Gambrell Street to be improved
thereunder within the limits hereinabove defined,
was divided into three separate sections and desig-
nated as Units Nos. 1, 2 and 3, as follows, to-wit:
GAMBRELL STREET, from the west line of Stanley
Avenue to the east line of James Street,
known and designated as Unit No. 1;
GAMBRELL STREET, from the east line of James Street
to the west line of South Adams Street, known
and designated as Unit No. 2; and
GAMBRELL STREET, from the west line of South Adams
Street to the seat line of Hemphill Street,
known and designated as Unit No. 3.
(d) That IV ordinance duly enacted on the 3rd day of
December, 1947, said City Council did abandon the
improvement of that portion of said Gambrell Street
from the west line of Stanley Avenue to the east line
of James Street, known and designated as Zit No. _
and order that such portion of said Gambr011 5treet
be not improved hereunder but that the improvement
of the remaining portion of said Gambrell Street
designated as Units Nos. 2 and 3 be constructed under
said contract and the proceedings of said City Council
in reference thereto, which abandonment of said Unit
No. 1 was consented and agreed to by said Contractor,
Brown & Root, Inc.
(e) That the City Council has caused the Director of
Public works to prepare and file estimates of the costs
of such improvements and estimates of the amounts per
front foot proposed to be assessed against the property
abutting upon said street within the limits above
defined, and the real and true owners thereof, and
said Director of Public Works has heretofore filed said
estimates, and a statement of other matters relating
thereto with said City Oounoil and same has been
received, examined and approved by said City Council.
(f) That said City Council by duly enacted ordinance
dated December 3, 1947, did determine the necessity
of levying an assessment for that portion of the cost
of constructing said improvements on said street or
unite within the limits herein defined to be paid by
the properties abutting thereon, and the real and true
owners thereof, and did order and set a hearing to be
held at 9:30 otolock a.m. on December 171 1947, in the
Obuncil Chamber of the City Hall of Fort worth, Texas,
for the real and true owners of the properties abutting
upon said street or units within said limits defined,
and for all others owning or claiming any interest in,
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or otherwise interested in said properties , o� any
of said matters as to the assessments and amounts
proposed to be assessed against each parcel of said
abutting property, and the real and ttue owners
thereof, and as to the 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 concern-
ing same, to appear and be heard in person or by
counsel and offer evidence in reference to said matters;
and said City Council did by said 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 XXIII 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.
(g) That said notice as ordered and directed by said
City Council and as required by said Acts above iden-
tified, was duly given by publication of same in the
Fort forth Press, a newspaper published in the City
.of Fort Worth) Texas, on December-_ kth , 1947,
December 5th , 1947, and December bth , 1947.
(h) That after due, regular and proper notice thereof
all as provided by said Acts, said hearing of which
notice was so given was opened and held on December 17,
1947, at 9:30 a.m. in the Council Chamber of the City
Hall of the City of Fort Worth, Texas, in accordance
with said ordinance and notice, at which tidae an
opportunity was given to all of said above mdntioned
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:
Mt. H. J. ASTON testified in response to questions by the City
Attorney, that he had been employed as Land Agent for the City
of Fort Worth for many ycars and in such capacity he had handled
much real estate; that in connection with his work and experience
he was familiar with real estate values in the City generally,
and that he was familiar with the property abutting upon that
portion of Gambrell Street proposed to be paved as a result of
this proceeding, and that in his opinion, each of the abutting
properties abutting upon said portion of Gambrell Street to be
improved and paved, would be specially benefited by enhancement
in value as a result of the construction of said paving; that
in his opinion, each and all of the properties abutting upon
that portion of Gambrell Street to be paved des ignated as Unit
No. 2, will be benefited in an amount in excess of $4.75 per
front foot and that such properties abutting upon that portion
of Gambrell Street to be paved designated as Unit No. 3 will be
benefited in excess of $6.20 per front foot.
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MR. OSCAR CALLAWAY, the owner of property abutting upon Unit
No. 2 of said stre®t, made a statement to the City Council
opposing and protesting the construction of the improvements
on said street and filed a written petition with the City Coun-
oil objecting to and protesting the paving of said street,
signed by the following persons:
W. A. Lacy Agnes Henderson Jack Hamilton
Sue Stewart Sallie Strain R. E. Smith
R. E. Estill V. 0. Popejoy E. J. Bennett
0. H. Murray R. W. Mondy Oscar Callaway
J.J. Miecynski W. H. Allen J. 0. Pruett
W. A. Arnold Belle Page Lester Mrs.India New
(Carrell
R. A. Juren J. H. Strodtham B. D. MoIlroy
M. L. Gipson E. F. Adam Max McOarley.
MR. B. D. McILROY, owner of property abutting upon Unit No. 2,
made a statement to the City Oounoil opposing and protesting the
paving of Gambrell Street at this time.
MR. CLYDE THOMAS, the owner of property abutting upon Unit No. 3,
made a lengthy statement and argument in favor of proceeding with
the paving of Gambrell Street, and stated that he represented a
large number of other property owners who were in favor of the
paving at this time and who were present in the Council Chamber.
MR. P. 0. STRINGER, owner of property abutting upon Unit No. 2,
made a statement urging the construction of the paving at this
time, and pointing out the necessity and urgency of same, due to
the bad condition of Gambrell Street now.
MR. D. A. THORNTON, owner of property abutting upon Unit No. 2,
representing himself and Southwestern Baptist Seminary, made a
statement in favor of the paving of Gambrell Street, and also
requested that the paving be extended to the Seminary.
No further persons or parties appearing and desiring
to be heard or offer testimony, upon motion t5r Council-
man Bar:, , seconded by Councilman
Edwards , and duly carried, said
hearing was declared closed.
(i) That at none of said hearings were any objections ,
protests or testimony offered as to said improvements,
the assessments or contracts therefor, or qs to any of
the proceedings in reference thereto except as herein-
above 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
thereof) as compared with the portion of the cost of
constructing said improvements proposed to be assessed
against said properties, and has heard all parties
appearing and offering testimony, together with all
protests and objections relative to such matters and
as to any errors, invglidities or irregularities in
any of the proceedings and contract for said improve-
ments, and has given a full and fair hearing to all
parties making or desiring to make any such protests,
objection or to offer testimony, and has fully
examined and considered all of said evidence, matters,
testimony, and objections offered, and based upon
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same said City Council finds that each and every
parcel of property abutting upon said street or
Units within the limits to be Improved as herein
defined, will be enhanced in value and specially
benefited by the construction of said improvements
in an amount in excess of the amount of the cost
of said improvements, proposed to be, and herein-
below assessed against each of said parcels of
property abutting upon said street or units, and
the real and true owners thereof; and said City
Council did consider and correct all errors, in-
validities, 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 theretofore had with referenoe
to such improvements and that all of same are in
all respects valid and regular; and said City
Council further finds upon said evidence that the
assessments hereinbelow made and the charges hereby
declared against said abutting properties and the
real and true owners thereof are just and equitable
and did adopt the rule of apportionment set forth
below herein and the division of the costs of said
improvements between said abutting properties, and
the real and true owners thereof, as being just
and equitable and as producing substantial equality
considering the benefits to be received and the
burdens imposed thereby, and that all objections and
protests should be overruled and denied.
SECTION II.
That there being no farther protests or testimony for or
against or in reference to said improvements, benefits or proceed-
ings, said hearing granted to the real and true owners of
properties abutting upon said street or Units within the limits
herein defined, and to all persons, firms, corporations and
estates, 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 III.
The City Council heretV finds and determines upon the
evidence heard in reference to each and every parcel of property
abutting upon said street or Units, 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
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of th6 construction of said improvements in said portions of said
street or Units, will be in excess of the amount of the costs
of said improvements proposed to be, and as herein assessed against
said abutting properties, and the real and true owner or owners
thereof, and finds that the apportionment of the costs of said
improvements, and that the assessments hereinbelow made, are just
and equitable and produce substantial equality, considering the
benefits received and the burdens imposed thereby, and are in
accordance with the laws of the State of Texas, and the Oharter d
said City; and that all proceedings and contracts heretofore had
with reference to said improvements are in all respects regular,
proper and valid, and that all prerequisites to the fixing of the
assessment liens against said abutting properties, as hereinafter
described, and the personal liability of the real and true owners
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.
MOTION IV.
That in pursuance of said ordinance, duly enacted, by said
City Council authorizing and ordering the improvement of said above
described street or Units within the limits hereinafoee 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 particu-
lar reference to Chapter 106 of the Acts of the First Called Session
of the 40th Legislature of the State of Texas, known and shown as
Article 1105-b of Vernon's Annotated Civil Statutes of Texas, as
amended, 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 or Units, as hereinbelow described, and against the real
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and true owners thereof, whether such real and true owners be
named or correctly named, or said properties be oorrbotly des-
oribed herein or not, the several sums of money hereinbelow
mentioned and itemized opposite the description of the respective
parcels of said property, the description of such property, the
number of front feet of each, and the several amounts assessed
against same and the real and true owner or owners thereof, and
the names of the apparent owners thereof, all as corrected and
adjusted by said Oity Council, being as follows, to-wit:
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SECTION F.
That the assessments so levied in the foregoing section
hereof are for the portion of the cost of said improvements in
the particular street or Unit upon which the property described
abuts and that the assessments for the improvements in any one
Unit are in nowise related to, or connected with the improvements
or assessments in any other of said units, and in levying said
assessments the amount so assessed for improvements in one unit
has been in nowise affected by any fact or thing in any way con-
nected with the improvements or the assessments therefor in any
other of said units; further, that the omission of the improve-
ments in any of street or units as a whole shall in nowise affect
or impair the validity of the assessments in any other of said
units, and the omission of the improvements in any particular
street or unit in front of any parcel of property exempt from the
lien of such assessments or against which valid assessment cannot
be levied, shall in nowise affect or impair the validity of the
assessments against the other properties in such units.
SECTION VI.
That the several sums mentioned above in Section IT hereof,
assessed against said parcels of abutting property and the real
and true owner or 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
per cent (6%) per annum and with reasonable attorneyfs fees and
all costs and expense of collection, if incurred, are hereby de-
clared to be and made a first and prior lien upon the respective
parcels of property against which same are assessed from and after
the date said improvements 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 correctly named herein, paramount and superior to all other
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liens, claims or titles except for lawful ad valorem taxes; and
that the sums so assessed shall be payable as follows, t6-wit:,
in five (5) egagl 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 in the street
or unit upon which the particular property abuts, 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 said City
Council, deferred payments to bear interest from such date at the
rate of six per cent (6%) per annum, payable annually, past due
Installments of principal and interest to bear interest at the
same rate per annum until paid, so that upon the completion and
acceptance of the improvements by said City Council in a particular
unit, assessments against the property abutting upon such completed
and accepted street or unit shall be and become due and payable
in installments and with interest as above provided; however, any
owner of such property shall have the right to pay off the entird
amount of any such assessment, 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,
then the entire amount of said assessment upon which such default
is made, shall, at the option of the said Brown & Root, Inc. , or
its assigns, be, and become immediately due and payable and shall
be collectible, together with reasonable attorneys fees and all
costs and expenses of collection, if incurred.
SECTION QII.
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► abutting property and the real and true owner or owners thereof,
but Brown & Root, Inc. shall look solely to such property and the
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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 Brown & Root, Inc. valid
assessments and assessment certificates and shall exercise all
of its lawful powers to aid in the enforcement and collection of
said liens and assessments; and if default shall be made in the
payment of any of said sums herein assessed against the said
parcels of property, and the real and true owner or owners thereof,
collection thereof shall be enforced at option of slid Brown &
Root, Inc. , or its assigns, either by suit in any court having
jurisdiction or by sale of the 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 4III.
That for the purpose of evidencing said assessments, the
liens securing same and the several sums assessed against the
s aid 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 Brown & Root, Inc. , upon the
completion and acceptance of said improvements in such street or
unit as said improvements in such street or unit is completed and
accepted, which certificates shall be executed by the Mayor in
the name of the City, attested by the City Secretary with the
corporate seal, and which shall declare the amounts of said assess-
ments 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 certificate is issued, and shall contain
the name of the apparent true owner 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
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be owned by an estate or firm, then to so state 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 other-
wise, shall in anywise invalidate or impair the assessment levied
hereby or the oertifioote issued in evidence thereof.
L 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 Brown
& Root, Inc. , or its assigns, or the holder thereof, the whole of
said assessment evidenced thereby shall at once become due and
payable and shall be collectible with reasonable attorneys fees
and all expenses and costs of collection, if incurred, and said
certificate 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 improvements were
ordered by said City Council, and shall provide in effect that
if default shall be made in the payment thereof, the same may be
enforced, at the option of Brown & Root, Inc. , 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 assessment 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
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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 evidence of each or any of the several installments thereof,
which may be signed with the facsimile signatures of the Mayor
and City Necretary.
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 to do by the holder of said certificates,
to aid in the enforcement and collection thereof, and said oerti-
fioates may contain other and further recitals pertinent and
appropriate thereto. It shall not be necessary that said oertifi-
cates shall be in the exact form as above set forth, but the
substance and effect thereof shall suffice.
SECTION IX.
That all such assessments levied are, and shall be, a
personal liability and charge against the respective real and true
owner or owners of said abutting properties, notwithstanding such
owner or owners may not be named 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 mis-
take, or error, invalidity or irregularity whether in such assess-
ment 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 tV the City Council of the City of Fort forth, Texas.
That the total amounts assessed against the respective
parcels of property abutting upon said street or units 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
prepared by the Director of Public forks and approved and adopted
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by said City Council and are in accordance with the 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 40th
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
assessments were had and made by said City Council.
SECTION X.
This ordinance shall take effect and be in full force from
and after its passage.
PASSED AND APPROVED, this the ay ,184
MAYOR OF CITY OF FORT WORTH, S.
ATTEST:
CITY SECREMN
APPROVED AS TO FORM:
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U O
ORDINANCE
Title I v <
1
i
Date_
File& Day of
a V
City Secre y
- + .JL
P.O.No.1218a