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HomeMy WebLinkAboutOrdinance 2992 ORDINANCE NO. ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF CRAWFORD 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 Governing Body, the City Council, of the City of Fort Worth, Texas, has heretofore ordered that the hereinafter mentioned and described portion of Crawford Street in the City of Fort Worth, Texas, be improved by raising, grading and filling same, constructing combined concrete curbs and gutters where adequate curbs and gutters are not now instal3 d on proper grade and line, constructing thereon a 4 inch compact- ed gravel foundation course, and paving with 12 inches of Hot Mix Asphaltic Surface on 3J inches of Hot Mix Asphaltic Concrete Base, together with incidentals and appurtenances, including drains where necessary, all as shown and provided for by the Plans and Specifications now on file with the City, and con- tract has been made and entered into with Texas Bitulithic Company for the making and construction of such improvements; said portion of Crawford Street being as follows, to wit: CRAWFORD STREET, from the northerly line of Morphy Street to the southerly line of Magnolia Avenue;. and, WHEREAS, estimates of the cost of such improvements 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 llth day of June, A. D. , 1952, at 9:30 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: (No protests Tilt&) protested that protested that protested that I protested that f and said hearing was continued to the present time in order to more fully accomplish the purnoses thereof, and all desiring to be heard were given full and fair o'-)portunity to be heard, and the City Council of the City hf-'ving fully considered all pro-cer matters, is of the opinion that the said hearing should be closed and assessments should be ,q,-nde 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 said portion of Crawford Street, 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 rprcels of property by means of such improvements and establish subst:^,ntial justice and equality and uniformity between the respective owners of the respective properties, and between 2-11 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 v^lue to the said properties by means of said improve- ments, and for which assessment is levied and charge mode, in a sum in excess of the said assessment and charge made against the same by this ordinance, and further finds that the a,)nortion- ment of the cost of the improvements is in accordance with the law in force in this City End the nroceedin-s of the City here- tofore 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 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, a a s far s such owners are known, being as follows: 2 SECTION IV. Where more than one oerson, firm or corporation owns an interest in any y.)ronerty above described, each said person, firm or corporation shall be nersonally liable only for its, his or her oro rc?t.-, of the total assessment against such prop- erty in -rorortion as its, his or her respective intere,`c bears to the total ownerchil� of such ;-,ro-aerty, and its, his or her respective interest in such property ina-y be released from the assessment lien upon Payment of such proportionate sum. SECTI014 V. The several sum, above mentioned ^nd 2-se.-sed against the said parcels of -propert�,,, and the owners thereof, and interest thereon at the rate of six per centurn per annum, together ciith reasonable attorneys ' fees and cost-, of collect- ion, if incurred, are hereby declared to be and are made a lien upon the resnective -oErcels of )ro)-)erty against which the same are assessed, and a 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 enforceable lien and cl-,im against the ^roperty on �ihich 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 vrloreri taxes. The sums so assessed against the abutting property ,end the owners thereof .r�hall be and ',:)ecorne due and ­.,2yable in five (5) equal installments, due respectively on or before twenty (20) days, one (1), two (2), three (3) and four (4) years from the date of the completion and accer-t.nnce of the improvements, and shall bear interest from the date of such completion and acceptance of the imnrovements at the rate of six per centum (6,%) per annum, payable annually with each installment, except as to the first installment, which shall be payable at the maturity of said inst-rllment, so that upon the completion and accer)tg.nce of the improvements, ascessments shall be and become due and payable in such installments and with interest from the date of such co=letion and acceptance. Provided, however, that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity, by Da.,yment of r-rinpi-oal and accrued interest, and provided further that if default shall be made in the paynent of any installment of principal or interest promntly as the same matures, then the entire amount of the assessment u-,-)on which such default is made, shall, at the option of said'Texgs 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 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 TDossil -e in the manner provided for the sale of property for the non-payment of ad valorem taxes, or, at the U option of the said Contractor, or its agsigi-;s, payment of said sums shall be enforced by suit in any court of competent jurisdiction, and said City shall exercise all of ts lawful rowers to aid in the enforcement and collection of said assess- ments. 3 SECTION VII. 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 Comp-any, or its assigns, shall look solely to such property and the owners thereof for the -oayment of such assessments, but the City of Fort Worth shall exercise all of its 1: wful oowers to aid in the enforcement end collection of said liens and sums and personal obligations. SECTION VIII. The total amount assessed against the respective -n2rcels of abutting property, and the owners thereof, is In accordance with the proceedings of the City relating to said imn.rovements and assessments therefor, and is less than the pro�ortion of the cost allowed and permitted by the law in force in the City. SECTION TX. 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 thereof, assignable certificates shall be issued by the City of Fort Worth upon completion and acceptance by the City of such improvements, which certificates shall be executed by the Mayor in the n=e of theCity and attested by the City Secretary with the corporate seal of the City impressed thereon, and shall be sayable to Texas Bitulithic Company, or its assigns, and shall declare the said amounts, time and ter,--,is of payment, rate of interest and the date of completion and acceptance of said improvements, and shall contain the name of the owner or owners, if known, the description of the rrorerty by lot and block number, or front feet thereof, and such other description as may otherwise identify the same; and if the said nroiDerty shall be owned by an estate, then the descrintion; of same as so owned shall be sufficient, or if the mime 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 o,,rner, shell invalidate or in anywise impair such certificate, or the assessments levied. The certificates shall provide substantially that if same shall not be raid promptly upon m�_-turity, then they shall be collectible, with reasonable attorneys ' fees and costs of collection, if incurred, and shall crovide substantially that the amounts evidenced thereby may be raid to the Assessor and Collector of Taxes of the City of Fort Worth, ,�Tho shall issue his receipt therefor, which shall be evidence of such pay-ment on R.ny demand for the vase, and the "=essor and Collector of Taxes shall de--,osit the sums so received by him forthwith with the CitNT Treasurer to be kept and held by hire in a ee�-arate fund, hereby designated as TEX,':S BTTULITHIC COIMF: -Y STLEFT I7,,,'Y_ROVEHE­ITT FUND, and when any, payment --hall be made to the .1!ssessor and Collector of TPxes u-,Dcn such certificate he u-on presentation to him of the certificate by the Contractor, or ot'}er holder thereof, endorse . ?id na.7,rment thereon, and the Contractor, or other holder of such certificate, shall be entitled to receive from the City Treasurer the amount �-aid -.: uon presentation to him. of such'certlHca-te ;�o endorsed --�- n d credited, Pnd F�uch endorsement and credit shell be the Tre,,-,F-.ur- er's �11,:,rrant for making such payment. Ticil �,a.yments by the Treasurer -,hall be recei--ted for by the holder of such certif- icate in writing a-nd by surrender thereof when the -crincinal, together with accrued interest and all costs of collection and reasonable attorneys' fees, if incurred, have been raid in full. Said certificates shall further recite substantially th^t the proceedings with reference to makin_ the improvements have been regularly had in compliance with the law, and that all rrerequicites to the fixin;� of the assessment lien against the -rooerty described in such certificate and the c,er-on-_.l liability of the owner or owners thereof have been performed, and such recitals shall be nrima facie evidence of all the matters recited in such certificate, and no further proof thereof shall be required in any court. The s-.id certificates may have coul=s attached thereto in evidence of each or any of the several installments thereof, or may have cou-,.')ons for each of the first four installments, leaving the main certificate to serve for the fifth installment, which counons may be ra_ya.ble either to Texas, Bitulithic Comnany, or its as7iCnF, or to the bearer, and may be signed with the facsimile siEnctures of the Ma;-or and City Secretary. _jeid certificates shall further recite that the City of Fort lJorth -.hall exercise all of its lawful rowers, when requested so to do, to aid in the enforcement and collection thereof, and may contain recitals substantially in accordance c-.rith the above and other additional recital;; nertinent or appropriate thereto; and it shall not be necessary thpt the recitals be in the exact form above set forth, but the substance thereof Dhpll be sufficlent. The fact that suer: im-rovements ma,,, be omitted on anv -n-Ltion of Crawford Street ho-rcin-bove described ^.djpcent to a.-ny premise:, exem-ot from the lien of such assessment, shall not in anywise invalidate, affect or imnair the lien of such assessment-, u,,,)on other rremises. `"ECTICN X. Full not-ier 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. ^ll assessments levied are P --.ersonal liability and charge again t the real and true owners of the �-)remises des- cribed, notwithstonding, such owners may not be named, or may be incorrectly named. ,SECTION XII. The assessments levied are made and levied under and by virtue of the terms, ')oviers and provisions of an Act ^t the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the ;cts of said ;Session and nor shown as Article 1105b of Vernon's Texas Civil Statutes, which Act has been adorted as an amendment to and me-de 2, P--,rt of the Charter of the City of Fort !,-forth, Texas. SECTION XIII. This ordinance shall take effect and be in full force 5 - from and after its passage. PASSED AND APPROVED This � 'O�day of � i D. , 1952. APPROVED AS TO FORM: ----Ulty Attorney - 6 -