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HomeMy WebLinkAboutOrdinance 3192 �r ORDINANCE NO. . I 2-- AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF JARVIS 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 the below mentioned and described portion of Jarvis Street in the City of Fort Worth, Texas, be improved by raising, grading and filling same and by constructing thereon a 7 inch reinforced Concrete Pavement, together with combined concrete curbs and gutters where same are not already constructed on proper grade and line, together with incidentals and appurtenances including drains where necessary, all as provided by the Plans and Specifi- cations for such improvements now on file with the City, and contract has been made and entered into with Ernest Loyd for the making and construction of such improvements; said portion of Jarvis Street being as follows, to wit: JARVIS STREET, from the Easterly line of Hemphill Street to the Westerly line of Jennings Avenue; and, =WHEREAS, estimates of the cost of the improvements of such portion of Jarvis Street were prepared and filed and approved and adopted by the City Council of the City, and a time and place was fisted 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 ?let day of April• A.D., 1954, 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 protested that f pretested that protested that protested that protested that protested that pretested that f and said hearing was continued to the present time in order to more fully accomplish the purposes thereof, and all desirin 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 opi.ai.on 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 1. 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 2. The City Council, from the evidence, finds that the assess- ments herein levied should be made and levied against the respective parcels of property abutting upon said portion of Jarvis Street, and against the owners of such property, and that such assessments and charges are right and proper and are substantiaj�y in �rgportion to the benefits to the respective parcels of property by means of the improve- ments for which such assessments are ',evied, and establish substantial justice andd equalit:, and uniformity between the respective owners of the respective propertj.es, and between all parties concerned, considering the benefits received and burdens imposed, andfurtber finds that in each case the property assessed is specially benefited in enhanced value to the said properties by means of said improvements upon which the particular property abuts, and for which assessment is levied and ehargq made, in a sum in excess of the said assessment and charge made against the same by this ordinance, and further finds that the Apportionfnent of the cost of the improvements is in accordance with the law ia force the proceedings of the City heretofore 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: R SECTION 4, Where more than one person, firm or copporation owns an interest in any property, above described, each said person, Firm or corporation shall be pers.-- -''; liable for its, his or her pro rata of the total assessment against such property in proportion as its, his or her respective interest bears to the total ownership of such property, and .ts, his or her respective interest in such gropertk may be released from the assessment lien upon payment of such proportionate swa. SECTION 5. 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 centum (6%) per annwn, $agether with reasonable atLo_•ne-ys fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property agains�- which the same are assessed, and apersbnal liability and charge against the real and true owners of such property, whether such owners be named or correctly named herein or not, and said liens shall be and constitute the first enforceable lien and claim against the property on which sctch 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 abetting property and the owners thereof shall be and become due and payable as follows, to wit: in five (5) equal installments, due respectively on or before twenty (20) days, one (�), two (2), three (3), and four (4) years from the completion and acceptance 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 payabl.ei so that upon the completion and acceptance of the improvements assessments against the property upon such completed and accepted portion of Jarvis Street 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 riot to pay the entire assessment, or any installment thereof, before maturity, by payment of principaland 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 Ernest T,oyd Construction Company, or its assigns, be and become immediately due and payable, and shall be collectible, together with reasonable attorney, fees and costs of collection, if incurred. SECTION 6 If default shall, oe made in the payment of any assessment, collection thereof shall be enforeedeither oy 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 oy 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. SECTION 7. The City of Fort Worth !shall not in any manner be liable for payment of the sums hereby assessed ggainat any property or the owners thereof, out the said Ernest Boyd Construction 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 Werth shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and sums and personal obligations. - 4 - SECTION �. The total amount assessed sgai.nrt re .speck Banc nwith of the and%he owners hereof, ,s 'L actor assessments proceedings abutting oof�the City relat-_ to said impreemenss allowed d and therefor, and is less than the -)_or-._bn ae cost permitted by the law in force in the .silty. SECTION 9. For the purpose of evidenciig tAe seves'el sums assessed : d d e owners theXMO£, and the the respective parcels of abutting property and &nd OQ77ectlon time and terms of payment, and to aid in the e�r the Cite Of Fort OTt thereof,. assignable certificates shall be iss upon completion and acceptance by the City of 'the rovemeniz, 1XIA& certificates shall be executed by the T'Aay,©r 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 Ernest Loyd costructipn 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 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 shall be owned by an estate, then the description of same as so owned shall be sufficient, or if the name of the owner by 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 ERNEST LOYD CONSTRUCTION COMPANY STREET' IMPROVIiIENT FUND, and when any payment shall be made to the Assessor and Collector of Taxes upon such certificate he shall, upon presentation to him of the certificate by the Contractor, or other holder thereof, endorse said payment thereon, and the contracVr, or other holder of such certificate, shall oe entitled to recei. om the City Treasurer the amount paid upon presentation to him of such certificate so endorsed and credited; and such endorsement and credit shall be the Treasurer's Warrant for making such payment. Such payments oy 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 a11 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 certificate, and no further proof thereof iha1T 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 Ernest Leyd Construction 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 Jarvis Street 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. 4 v 4 � 4 SECTION 10. FulZ power to make and law reassessments and to correct mistakes, errors, invalidities or ireegularities, either in the asssessments or in the certificates issued in evidence thereof, is, in accordance with the law inforce in t his Citv, vested in the City. SECTION 11. All assessments levied are a personhl liability and obarge against the real and true owners of the premises described, notwith— standine such owners ma,, not be nam d, or may be incorrectly named. SECTIUN 12. The asses-..:Fnts levied are made and levied under and by virtue of the terms, powers and prgvisions of an Act passed t the First Called Session of the Fortieth Logiilature of the State of Teas, known as Chapter lob of the Acts of said session nd now shown as ArtVle 1145b of Vernon's Texas Civil Statutes, which Act has been adgpted as an amendment to and made a pArt of the Charter of the City of Fort Worth. SECTION 13. This ordinance shall take effect from and after its passage. gIPPROVE15 A- TO FOTM: City Attorney ORDINANCE Tltl Adopted- � ..- Filed. =` Day of ' 19 `� 4- City Secreta$ "f x P.O.NA.9713 T