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HomeMy WebLinkAboutOrdinance 4495 ORDINANCE NO. i ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENT FOR PART OF THE-COST OF IMPROVING A PORTION OF 33RD STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES 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; RESERVING UNTO THE CITY COUNCIL THE OFFICI�I RECORI RIGHT TO ALLOW CREDITS REDUCING n1E AMOUNT OF THE RESPEC- TIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; CITY SECRET. DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, TEXAS, AND BY FILING 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 7 inch Reinforced Concrete Surface, together with combined concrete curbs and gutters 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 constructed as and where shown on the plans and in strict accordance with the plans and specifications therefore; 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; 1. 33rd Street (Long Avenue Extension): From the westerly line of Ellis Avenue to the easterly line of North Calhoun Street, Fostepco Heights Addition, known and designated as Unit No. 2 and, WHEREAS, estimates of the cost of the improvements on each such portion of street, avenue and public place were prepared and filed and ap- proved 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 28th day of July, 19619 at 9 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; -1- protested that protested that protested that protested that protested that protested that protested that protested that protested that _protested that protested that protested that protested that protested that protested that protested that protested that -2- 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 matters, 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 said protests and objections, and any and all other protests and objections, whethd' 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 substantially in proportion to the benefits to the respective parcels of property by means of the improvements in the unit for which each assessment is 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 the 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 ar.d charge made, in a sum in excess of the said assessment and charge 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. III. There shall be, and it 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 itemized below opposite the description of the respective par- cels of property and the several amounts assessed against the same, and the owners thereof, as far as such owners are known, being as follows: -3- TV Where more than one nerson, firm or corporation owns an interest in any property above described, each said p -rson, firm or corporati n shall be personally liable only for its, his or `Ier pro rata of the total assessment against sucli property in nroportic,n as its-, his or her respective interest bears to the total ownership or 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 -nid parcels of property, and the owners thereof, and interest thereon at the rate of sis ner cent (6%) per annun;, together with reasonable at- torney's fees and costs of collection, if Incurred, are hereby declared to be and are made a lien uron the respective parcels of property again which the same are assessed, and a personal liability and c arge a gains the real and true owners of such property, whether such owners be cor- rectly named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the nroperty on which such assessments are levied, and shall be a first and nriramount lien thereon superior to all other liens and claims, except State, County, School District and City ad valorem taxes. The suias so assessed against the abutting nroperty and the owners thereof shall be and became due and payable as follows, to-wit; in fiv (5) e ual installments, due respectively on m before thirty (30) days, one (1) , two (2) , three (3) and four (4) years from the date of comple- tion 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 thedate of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of six ner cent (6�7*) per annum payable annually with each installment, except as to the first install- ment, 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 nroperty abutting upon such completed and accepted unit shall be and become due and payable in such installents, and with interest from the date of such completion and acceptaneG Pro- vided, however, that any owner shall have the right to nay the entire assessment, or any installment thereof, before maturity by paymentof principal and accrued interest, and provided further that if defailt shall be made in the payment of any installment of principal or interes promptly as the same matures , then the entire amount of the assessment upon which such default is made shall, at the option of said Cityof Fort Worth, or its assigns, be and become immediately due and payble, and shall be collnetible, together with reasonable attorney's fees and costs of collection, if incurred. P;tOVIDED, however, that the Cty of Fort Worth retains the right to authorize payment of the sums assessed against property abutting upon such completed and accepted unit over a period of not more than four years in equal regular installments of not less than $9.00 each, the first of such installments to become due and payable not ,pore than 30 days after the completion and acceptance by th, City of the particular unit, and PROVIDED F12R11"IPR that such method of payment shall be authorized only in instances where the owners orowner of property abutting upon such completed and accepted unit shalliave executed and delivered to the City of Fort 17orth a lawful, valid and binding note and mechanic's and materialman's contract upon forms sup- plied by the City of Fort `•'forth granting- a mechanic's lien upon art con- veying the said abutting property in trust to secure the payment by sai, owner or owners accordinc to the terms thereof and the sums assessed against such property. VI. If default shall be made in the payment of any assessment, collec- tion thereof shall be enforced either by the sale of the property by the :assessor and Collector of Taxes of said City as near as possble in the manner provided for the sale of property for the non-paymentof ad valorem taxes, or, at the option of the City of 'Fort i7orth, or its assigns, payment of said sums shall be enforced by suit in any cQlrt of competent jurisdiction, or as provided in any ^-mechanic's or materialman'; contract as aforesaid, and said City small exerciise all of its laful powers to aid in the enforceient and collection of said assessments. -4- VI I. The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in accordance with the proceed ings of the City relating to said improvements and assessments therefor; and is less than the proportion of the cost allowed and permitted by the law in force in the City. VIII. Although the aforementioned ctarges have been fixed, levied and assessed in the respective amounts hereinabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessment; by allowing credits to certaih property owners where: (1) curb and/or Butte: or paving presently exists, (2) property in commercially zoned areas is oc- cupied by owner as his residence (this credit to be such that the maximum cost to the property owner per front foot, after allowing such credit, shall not exeeed $8.25 per front foot for curb, gutter and paving). Notwithstanding the City Council has herein reserved the right tc issue credits as hereinabove provided, it shall not be required to issue sucl credits, and will not do so, if same would result in any inequity and/or un- just discrimination. The principal amount of each of the several assessment certifica- tes to be issued the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts, if any, as may hereafter be al- lowed 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 its owners thereof, and the time and terms of payment, and to aid in the enforcement and collection there of, assignable certificates in the principal amount of the respective assess- ments less the amount of any respective credit allowed thereon, shall be issued by the City of Fort Worth, Texas, upon completion and acceptance by tt 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 corpora- te 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 term of payment, rate of interest, and the date and 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 knowq, descrip- tion 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 propert shall be owned by an estate, then the description of same as so owned shall b 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 pr vide 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 7#im 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 Cit the Assessor and Collector of Taxes upon such certificate shall, upon present; tion to him of the certificate by the holder thereof, endorse said payment thereon. If such certificate be assigned then the holder thereof shall be en- titled to receive from 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 paymen' by 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 all costs of collection and reasonable attorneys' fees, if in- curred, have been paid in full. -5- Said certificates shall further recite substantially that the prodeedings with reference to making the improvements have been regularly had in compliance with the law, and that all prere-,uisites 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 recita shall be prima facie evidence of all the matters recited in such certificates and no further proof thereof shall be required in any court. 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 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 recital sub tantially in accordance with the above and other additional recitals per- tinent or appropriate thereto; and it shall not be necessary that the recital be in the exact form above set forth, but the substance thereof shall be suf- ficient. The fact that such improvements may be omitted on any portion of an of said units adjacent to any premises exempt from the lien of such assess- ments shall hot in anywise invalidate, effect or impair the lien of such ass- essments 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 agains 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 particu lar unit upon which the property described abuts, and the assessments for the improvements in any unit are in nowise affected by the improvements or assess ments in any other unit, and in making assessments and in holding said hearin the amounts assessed for improvements in one unit have been in nowise connec- ted 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 Legislature of the State of Texas, known as Chapted 106 of th Acts of said Session and now shown as Article 1105b of Vernonis Texas Civil Statutes, which Act has been adopted as an amendment to and made a part of th 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 ap- propriate Ordinance Records of 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. 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