HomeMy WebLinkAboutOrdinance 2595 . r s
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF FORT :WORTH, TEXAS
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTTING UPON DEXTER AVENUE
IN THE CITY OF FORT WORTH, WITHIN THE LIMITS
HEREINBELOW DEFINED, AS TO THE SPECIAL BENEFITS
TO ACCRUE TO SAID PROPERTY, AND THE REAL AND TRUE
017NERS THEREOF, BY VIRTUE OF THE IMPROVEMENT OF
SAID STREET WITHIN SAID LIMITS, AND AS TO ANY
ERRORS, INVALIDITIES, OR IRREGULARITIES IN ANY OF
THE PROCEEDINGS OR CONTRACT THEREFOR, OVERRULING
AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED;
FINDING AND DETERMINING THAT EACH AND EVERY
PARCEL OF PROPERTY ABUTTING UPON SAID STREET
WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENE-
FITED AND ENHANCED 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 ASSESS-
MENT 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 COBdPLETION AND ACCEPTANCE OF SAID WORK, THE
MANNER AND TIME OF PAYMENT THEREOF AND PROVIDING
FOR THE MANNER AND METHOD OF COLLECTION OF SAID
ASSESSIMNTS AND CERTIFICATES; AND PROVIDING THAT
THIS ORDINANCE SHALL TAKE 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
June 16, 1948, determined the necessity for, and
ordered the improvement of portions of Dextet Avenue
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:
DEXTER AVENUE, from the easterly line of Clover Lane
to the westetly line of Sutter Street.
(b) That no ice duly enacted in the name of the City
of Fort Wort, 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 lit'. day of September, 1948,
and duly recorded in Vol. 739, Page 613, of the Mort-
gage Records of Tarrant County, Texas.
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r
and that all of same are in all respects valid and
regular; and said City Council further finds upon
said evidens that the assessments hereinbelow made
and the ch^rges hereby declared agf�inst said abut-
ting 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 further protests or testimony for or ay:-�.inst
or in reference to said improvements, benefits or proceedings, said
hearing granted to the reel and true ownere of properties abutting
upon said street 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 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 improvements proposed to be, and as
herein assessed against said abutting properties, and the real and
true miners thereof, and finds that the apportionment of the costs
of said improvements, and that the assessments hereinbelowr made, are
just and equitable and produce substantial equality, considering the
benefits received and the burd ens imposed thereby, and 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 with
reference to said improvements are in all respects regular, proper
and valid, and that all prerequisites to the fixing of the assessments
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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 pro-
ceedings of said City Council.
SECTION IV•
That in pursuance of said Ordinance duly enacted Oy said City
Council authorizing and ordering the improvement of said above
described street, within the limits hereinabove named and defined,
and in pursuance of said proceedings heretofore hi.d 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 40th Legislature of the State of Texas, known 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 bd, 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 properties 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 Assessment Rolls).
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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, to-
gether with interest thereon at the rate of six (6�a) per cent per
annum and with reasonable attorneys 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
improvements were ordered by said City Council, and a personal liabil-
ity and charge against the real and true owner or owners thereof,
w4ether or not such owner or owners be named or correctly named herein,
and said liens are and shall be paramount and superior to all other
liens, claims, or titles except for lawful ad valorem taxes; and that
the sums so assessed and taxed shall be payable as follows, to-grit:
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 s`:id City Council, deferred
payments to bear interest from such date at the rate of six (6�o)
per cent per ann-am, payable annually, past due installments of prin-
cipal and interest to bear interest at the same rate per annum until
paid; however, any owner of such property shall have the right to pay
off the entire 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 or tax, 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 attorney s
fees and all costs and expenses of collection, if incurred.
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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 ag,.inst
any abutting property and the real and true owner or owners thereof,
but Brown & Root, Inc. shall look solely to such property and the
real and true owner or owners thereof, for payment of any sums
validly assessed ag-.inst 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 horein assdssed or taxed against the said parcels of
property, and the real and true owner or owners thereof, collection
thereof shall be enforced at option of said 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 lacy 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 securing 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 enforce-
ment thereof, assignable certificates shall be issued by the City
of Fort Forth, Texas, to Brown & Root, Inc. , upon the completion
and acceptance of said i provements in said street, which certificates
shall be executed by the Zayor 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 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
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the said property shall be ovmed 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,iise, 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 installm ent
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 ai'�ners of such property, whether named or correctly
named therein or not, and the lien upon such property, and that sail
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 tax s 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 im pro vements 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 dose 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 evidence of each or any of the several installments thereof, which
may be s—ned with the facsimile signatures of the 111.ayor and City
Secretary.
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t
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 certifi-
cates may contain other and further recitals pertinent and appropriate
thereto. It shall not be necessary that said certificates 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
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 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 with the Woceedings 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
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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 IX:
This Ordinance shall take effect and be in full force from and
after its passage.
PASSED AND APPROVED, this the day of , 1948.
CITY OF FORT WOR H,
ATTEST: TEXAS.
CITY TAR .
APPROVED AS TO FORM:
GITT A7101M.M.L.
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(c) 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 lwv 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 construction of
said improvements, by Ordinance duly enacted on
Augast`--18, 1948, which contract is dated September
13, 1948; and
,
(d) That the City Council has caused the Director of
Public Works to prepare and file estimates of the
costs of such improvements on the portions of said
street t3 be improved, and estimates of the amounts
per front foot proposed to be assesaed 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 Council and same has
been received, examined and approved by said City
Council.
(6) That said City Council, by duly enacted Ordinance
dated September 22, 1948, did determine the necessity
of levying an assessment for that portion of the cost
of constructing said improvements on said street ,,ithin
the limits herein defined, to be paid by the properties
abutting thereon, and the re�,.l and true ouners thereof,
and did order and set a hef,.ring to be held at 10:00
o'clock a.m. October 6, 1948, in the Council Chamber
of the City Hall of Fort ;forth, Texas, for the real and
true 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 asseosed against each par-
cel of said abutting property, and the real and true
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 concerning
same, to appear ani be heard in person or by counsel,
and offer evidence in reference to said matters; and
said City Council did by said Ordinance, or der and
direct that the City Secretary of said City give notice
of said he:ring as required by the laws of the State
of Texas, to-wit: Chapter 106 of the Acts 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 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 (lays prior thereto.
(f) That said notice as ordered and directed by said
City Council and as required by said Acts above identi-
fied, was duly given by publication of same in The
Fort Worth Press, a nexs-paper of general circulation
published in the City of Fort Worth, Texas on S 2P' tcmber 23
1948, September 24 19d
and September 25 19 8.
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(g) That after due, regular and proper notice
thereof all as provided by said Acts, said hearing
of which notice was so given crass opened and held on
October 6, 1948, at 10:00 o'clock 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 time an opportunity 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:
N. E. WALLER and H. J. ASTON, in response to questions by the City
Attorney, each stated that he was a resident of the City of Fort
,forth, Texas; that said Waller was engaged in the real estate busi-
ness and said Aston was City Land Agent; that he was familiar with
real estate and its values in said City, and in particular with the
properties and values thereof abutting upon Dexter Street to be
improved under these proceedings; that in his opinion, if said street
is improved in the manner proposed by the City under these proceed-
ings, that each and every parcel of property abutting upon said
street to be improved will 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 property abutting upon said street as a
result of said improvements will be in an amount in each case, in
excess of $7.20 per front foot.
to further persons or parties appearing and desiring
to be heard or offer testimony, upon motion by Councilman
Berry, seconded by Councilman Edwards, and duly carried,
said hearing was declared closed.
(h) That at none of said hearings were any objections,
protests or testimony offered as to said improvements,
the assessments or contracts therefor, or as to any of
the proceedings in reference thereto except as herein-
above set out; and st_id 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, invalidities or irregularities in any of
the proceedings and contract for said improvements, and
has given a full and fair hearing to all parties making
or desiring to make any sudh protests, objections or
to offer testimony, and has fully examined and considered
all of said evidence, matters, testimony, and objections
offered, and based upon same, said City Council finds
upon said evidence that each and everypar cel of property
kbatting upon said street 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, and the real and true ov:n:,rs
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 montra.cts
were proper and in accordance with the laws under which
same are being had and the proceedings of said City
Council theretofore had i^rith reference to such improvements
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ORDINANCE
Title
Date
Filed_ , Day of
19 `zl�
City Secretary �h
P.O.No.1278.$