HomeMy WebLinkAboutOrdinance 4695 oiJ 1 i�Gun tr,ti!
ORDINANCE NO._: ' C €T. WORTH, TEX.
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ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF
THE COST OF IMPROVING A PORTION OF BErHIdAP STREET (PENN ST.
AND W. 5TH STREET) AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES
AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING
CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST
THE 014NERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESS-
MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE
THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW
CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE
EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO
ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME
IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, TEXAS, AND BY
ROILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth, Texas, has heretofore ordered that each of
the hereinafter described portions of streets, avenues and public places in the City of Fort
Worth, Texas, be improved by raising, grading, or filling same and by constructing thereon
the following, to-wit:
1. Belknap Street Unit No. 1, 11" Hot Mix
(Penn St. & W. 5th St.) Asphaltic Concrete on 62"
Reinforced Concrete Base.
2. Weatherford Street Unit No. 2, 1-" Hot Mix
Asphaltic Concrete on 6 "
Reinforced Concrete Base.
3. Summit Avenue Unit No. 3, 1-�" Hot Mix
Asphaltic Concrete on 62"
Reinforced Concrete Base,
together with combined concrete curbs and gutter on proper grade and line where same are
not already so constructed, together with storm drains and other necessary incidentals and
appurtenances; all of said improvements are to be so constructed as and where shown on the
plans and in strict accordance with the plans and specifications therefor; and contract has
been made and entered into with Texas Bitulithic Company for the making and construction of
such improvements; said portion of streets, avenues and public places being as follows,
to-wit:
On Belknap Street From Henderson Street to W. 5th
(Penn St. & W. 5th Street) Street, known and designated as
Unit No. 1.
On Weatherford Street From Lexington Street to W. 5th
(Penn St. & W. 5th Street) Street, known and designated as
Unit No. 2.
On Summit Avenue From W. 7th Street to Weatherford
Street, known and designated as
Unit No. 3.
WHEREAS, estimates of the cost of the improvements of each such portion of
street, avenue and public place 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 proper notice of
the time and place fixed therefor, to-wit, on the 13th day of August, 1962, 9.00 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:
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o
Protested that - v
Protested that
Protested that
Protest4d that
Protested that
Protested that
Protested that
Protested that
Protested that
Protested that
Protested that
Protested that
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Protested that
Protested that
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 matter, is of
the opinion that the said hearing should be closed and assessments should be made and levied
as herein ordered:
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, THAT:
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.
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 the said
portions of streets, avenues and public places and against the owners of such property, and
that such assessments and charges are right and proper and are suhstantially in proportion
to the benefits to the respective parcels of property by means of the improvements in the
unit for which such assessments are levied, and establish substantial 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 abutting property assessed is specially benefited in enhanced value to
the said property by means of the said improvements in the unit upon which the particular
property abuts and for which assessment is levied and charge made, in a sum in excess of the
said assessment and chaxge made against the same by this ordinance, and further finds that
the apportionment of the cost of the improvements is in accordance with the law in force in
this City, and the proceedings of the City heretofore had with reference to said improvements;
and is in all respects valid and regular.
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III.
There shall be, and is hereby, levied and assessed against the parcels of
property herein below mentioned, and against the real and true owners thereof (whether such
owners be correctly named herein or not), the sums of money itemized below 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;
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Iv.
Where more than one person, firm or corporation owns an interest in any
property above described, each said person, firm or corporation shall be personally liable
only for its, her or his 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
its, his or her respective interest in such property may be released from the assessment
lien upon payment of such proportionate sum.
V.
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 cent (6%) per
annum, together with reasonable attorney's fees 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 sums are assessed, and a personal liability and charge against the real and true
owners of such property, whether such owners be correctly named herein or not, and the said
liens shall be and constitute the first enforceable lien and claim against the property on
which 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 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 respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4)
years from the date of completion and acceptance of the improvements in the respective unit,
and the assessments against the property abutting upon the remaining units shall be and
become due and payable in such installments after the date of the completion and acceptance
of such respective units, and shall bear interest from said date at the rate of six per cent
(6;6) per annum, payable annually with each installment, except as to the first installment,
which shall be due and payable at the maturity thereof, so that upon the completion and
acceptance of the improvements in a particular unit, assessments against the property abuttin4
upon such completed and accepted unit shall be and become due and payable in such installment;
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 same matures, then the entire amount of the assessment upon which such default is
made shall, at the option of said City of Fort Worth, or its assigns, be and become immedi-
ately due and payable, and shall be collectible, together with reasonable attorney's fees
and costs of collection, if incurred, PROVIDED, however, that acting through its duly
authorized Director of Public Works the City of Fort Worth retains the right to authorize
payment of the sums assessed against abutting property upon such completed and accepted
unit in not more than forty-eight (48) equal regular monthly installments of not less than
$9.00 each, the first of such installments to become due and payable not more than thirty
(30) days after the completion and acceptance by the City of the particular unit. PROVIDED
FURTHER, that the City Attorney is hereby empowered to authorize payments of said sums of
lesser installments and/or over a longer period of time in cases in which the Director of
Public Works has previously determined that an extreme financial hardship upon the property
owner will otherwise result: and PROVIDED FURTHER, that such method of payments shall be
authorized only in instances where the owner or owners of property abutting upon such
completed and accepted unit shall have executed and delivered to the City of Fort Worth a
Lawful, valid and binding note and machanic's and materialman's contract upon forms supplied
by the City granting a machanic's lien upon and conveying the said abutting property in trust
to secure the payment by said owner or owners according to the terms thereof of the sums
assessed against such property.
VI.
If default shall be made in the payment of any assessment, 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 the City of Fort Worth, or its assigns,
payment of said sums shall be enforced by suit in any court of competent jurisdiction, or as
provided in any mechanic's or materialman's contract as aforesaid, and said City shall exerci
all of its lawful powers to aid in the enforcement and collection of said assessments.
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VII.
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 thereof, and is less than the proportion of the cost allowed
and permitted by the law in force in the City.
VIII.
Although the aforementioned charges have been fixed, levied, and assessed in
the respective amounts hereinabove stated, the City Council does hereby reserve unto inself
the right to reduce the aforementioned assessments by allowing credits to certain property
owners where deemed appropriate. Hotwithstanding the City Council has herein reserved the
right to issue credits, it shall not be required to issue credits, and will not do so, if
same would result in any inequity and/or unjust discrimination.
The principal amount of the several assessment certificates to be issued the
City of Fort Worth, Texas, as hereinafter provided, shall be fixed and determined by deduct-
ing from the amount of any assessment hereinabove levied such amount or amounts, if any, as
may hereafter be allowed by the City Council as a credit against the respective assessments.
IX.
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 certificates in the principal
amount of the respective assessments less the amount of any respective credit allowed thereon,
shall be issued by the City of Fort Worth, Texas, upon completion and acceptance by the City
of the improvements in each unit of improvement as the work in such unit is completed and
accepted, which certificates shall be executed by the mayor in the name of the City and
attested by the City Secretary, with the corporate seal of the City impressed thereon, and
shall be payable to the City of Fort Worth, or its assigns, and shall declare the said
amounts, time and terms of payment, rate of interest, and the date of the 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 thereon, 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 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,
to 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 attorney's fees and
costs of collection, if incurred, and shall provide substantially that the amounts evidenced
thereby shall 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, and when
any payment shall be made to the City the ,assessor and Collector of Taxes upon such certificat,
shall, upon presentation to him of the certificate by the holder thereof endorse said payment
thereon. If such certificate be assigned then the holder thereof shall be entitled to re-
ceive from the City Treasurer the amount paid upon the 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 by the Treasurer shall be receiptea for the holder of
such certificate in writing and by surrender thereof when the principal, together with ac-
crued interest and all costs of collection and reasonable attorney's 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 owners thereof have been
performed, and such recitals shall be prima facie evidence of all the matters recited in
such certificates, and no further proof thereof shall be required in any court.
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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 in-
sta�.lments 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 to the City
of Fort Worth, or its assigns may be signed with the facsimile signatures of the Mayor and
City Secretary.
Said certificates shall further recite that the City of Fort Worth, Texas,
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 thereof, 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 any of said
units adjacent to any premises exempt from the lien of such assessments shall not in anywise
invalidate, affect or impair the lien of such assessments upon other premises.
X.
Full power 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.
XI.
All assessments levied are a personal liability and charge against the real
and true owners of the premises described, notwithstanding such owners may not be named, or
may be incorrectly named.
XII.
The assessments so levied are for the improvements in the particular unit
upon which the property described abuts, and the assessments for the improvements in any unit
are in nowise affected by the improvements or assessments in any other unit, and in making
assessments and in holding said hearing, the amounts assessed for improvements in any one uni
have been in nowise connected with the improvements or the assessments therefor in any other
unit.
XIII.
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 Legisla-
ture 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 adopted as an amendment
to and made a part of the Charter of the City of Fort Worth, Texas.
XIV.
The City Secretary is hereby directed to engross and enroll this ordinance by
copying the caption of same in the Minute Book of the City Council of Fort Worth, Texas, and
by filing the complete Ordinance in the appropriate Ordinance Records of the said City.
XV.
This ordinance shall take effect and be in full force and effect from and
after the date of its passage and it is so ordained.
PASSED AND APPROVED this_ day of , 1962.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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