HomeMy WebLinkAboutOrdinance 2571 ORDINANCE NO.
ORDINANCE CLOSING BEARING AND LE VYING ASSESSMENT$
FOR PART OF THE COST OF I9PROVING A PORTION OF
MORTON STREET IN THE CITY OF FORT WORT11; TEXAS,
FIXING CHARGES AND LIENS AGAINST 1tROPERTY ABUTTING
THEREON, AND AGAINST THE OWNERS THEREOF, PROVIDING
FOR THE ULLE07ION OF SUCH ASSESSI&ENTS 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 Morton Street
in the City of Fort Worth be improved by raising, grading and filling
same, constructing concrete curbs and gutters and concrete inlets where
adequate curbs, gutters and inlets are not now installed on proper grade
and line, and by pavin6 _, ith 7 inches of reinforced concmte pavement,
placed thereon on a Z inch compacted gravel foundation course, so a.
to make the completed improved area 38 feet from face of curb to face
of curb, together with incidentals and appurtenancee; all of said im-
provements to be made in accordance with the plans and specifications
for such improvements, providing that no part of the cost of making and
constructing concrete inlets shall be paid by abutting property and the
owners thereof nor shall the cost thereof be taken in consideration in
determining the amounts to be assessed against abutting property and the
owners thereof; said portions of said street being as follows, to-wit:
MORTON STREET, from We terly line of Currie Street
to the Easterly line df University Drive, save and
except the intersection of Norwood Street.
WHEREAS, estimates of the cost of the improvements of such
portion of Morton Street were prepared and filed and approved and adopt-
ed by the City Council of the City, and a time and place was fixed for
a hearing to the owners of abutting property, and the owners thereof,
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 Auguat, 1948, at 5:30 o'clock, A.B ., in the Council Chamber
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in the City Hall in the City of Fort Worth, Texas, and at such hearing
the following protests and ob j3setions were made, to—wit:
.protested that
.protested that
,protested that
.protested that
,protested that
and said hearing was continued to the present time in order to more
fully aoeomplish 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: 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 object—
ions, whether herein enumerated or not, be and the same are hereby over—
ruled.
II.
The City Council, from the evidence, finds that the a.sbess—
ments herein levied should be made and levied against the respective
parcels of property abutting upon said portion of Morton 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 parcels of property by means of the improvements on
such portion of street for which such assessments are levied, and establish
substantial justice and ecluality 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
—2—
that in each case the property assessed is specially benefited in enhanced
value to the said properties by means of said improvements on such portion
of street upon which the particular property abuts, and for which assessor,
ment is levied and 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 is hereby levied and assessed against
the parcels and property hereinbelow mentioned, and against the real and
true owners thereof (whether such owners be correctly ramed herein or
not), the sums of money- below mentioned and itemized shown opposite the
description of the respective parcels of property; the descriptions of
the respective parcels of property, the several amounts assessed against
the same, and the owners thereof, as far as such owners are known being
as follows:
—3—
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, his or her pro rata of the total
assessment against such property is 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 asseae-
ment lien upon payment of such proportionate sum.
V.
The several sums above mentioned and assessed against the said
p areels of property, and the owners thereof, and interest thereon at the
rate of 6 per cent per annum, together with reasonable attorneyts 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
same are aseeseea, and a personal liability and charge against the real
and true owners of such property, whether such owners be named or cor-
rectly 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 twenty
120) days, one (1), two (2), three (3), four (4) years from the com-
pletion and acceptance of the improvements on said portion of street up-
on which the particular property abuts, and shall bear interest from the
date of such completion and acceptance at the rate of 6 per eentum per
annum, payable annually with each installment, so that upon the completion
and acceptance of the improvements assessments against said property 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 right to pay the entire assessment, or any in-
stallment thereof, before maturity, by payment of principal and accrued
interest, and provided turther that if default shall be made in the pay-
m®nt Of any in&tallment of principal or interest promptly as the same
matures, tin the entire amount of the abses�nent upon which such default
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is made, shall at the option of the said General Construction Company, or
its assigns, be and become immediately due and payable, and shall be
oolleotib-e, together with reasonable attorneyst fees and posts of ool-
lection, if incurred.
VI.
If default shall be made in the payment of any assessment, ool-
leotion thereof shall be enforced either by the sale of the property by
the k6seesor and Collector of Taxes of said City as near possible in the
manner provided Ior the sale of property for the non-payment of ad valorem
taxes, or, at the option of the said Contractor, or its assigns, payment
of said sums shall be enforced by suit in any court of competent juris-
diction, and said City shall exeroisa all of its lawful powers to aid in
the enforcement and collection of said assessments.
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 General Construction C,. any, or its assigns, shall
look solely to such property and the owners thereof for the g*yment of
such assessments, but the City of Fort Worth shall exercise all of its
lawful powers to aid in the enforcement and collection of said liens and
sums and per6onal obligati:)ns.
VIII.
The total swunt assessed against the respective parcels of
abutting property, and the owners thereof, is in accordance with the pro-
ceeding;& of the City relating to said improvements and assessments there-
for, and is less than the proportion of the cost allowed and permitted
by the law in force in the City.
IX.
For the purpose of evidenoinw the sev ral Bums 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 col-
leotion thereof, assignable certificates _hall be issued by the City of
Fort Worth upon completion and acceptance by the City of such improve-
ments as the work is completed and accepted, which certificates shall
be executed by the Mayor in the name of the City and attested by the
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City Secretary with the corporation seal, and shall be payable to said
General Construction Company, or izs assigns, and shall declare the said
amounts, time and tome of payment, rate of interest, and the date of com-
pletion and acceptance of the improvetuents abutting Capon 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 foot thereof, or such other description as may otherwise
identify the same; and if the said property shall be owned by an estate,
then the aescription of same as so owned shall be sufficient, or if the
name 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
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 ox Taxes of the City of Fort 'forth,
who shall issue his receipt therefor, which shall be evidsnoe 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 design—
ate as GENERAL CANSTRUCTION COAiPANY STREET IMPROVEMIT FUND, and when
any payment shall be made to the Assessor and Collector of Taxes upon
suoh certificate he shall, upon presentation to him of the certificate
by the Contractor, or other holder thereof, endorse said payment thereon,
and the Contractor, or other holder of such oertificate, shall be entitled
to receive from the City Treasurer the amount p$id upon presentation to
him of such certifioateo 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 reoeipted for by the holder of such
certificate in writing and by surrender thereof when the principal, to—
gether with accrued interest and all costs of collection and reasonable
attorneys' fees, if incurred, have been paid in full.
—6—
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Said certificates shall further recite substantially that the
proceedings with reference to making the improvements to v&ich the
particular certificate relates, have been regularly had in compliance
with the law, and that all pre-requisites to the fixing of the aFeesement
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 certificates, and no further proof thereof shall 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 eithe to General 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 said stre t adjacent to my premises exempt from the lien
of such assessment shall not in anywise invalidate, affect or impair the
lien of such assess; ents upon other premises.
X.
Full power to make and levy aeaseessments and to correct
mistakeil, errors, invalidities or irregularities, either in the assess-
ments or in the certificates issued in evidence thereof, is, in accordance
with the law in force in this City, vested in the City.
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XI.
All assessments levied are a personal- liability and charge
against the real and true owners of the premises described, notwithstand-
ing such owners may not be named, or may be incorrectly named.
%II.
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
Chapter 106 of the Acts of said Session and now shown as Article 1105b
of Vernon's Civil Statutes of the State of Texas, Annotated, which Act
has been adopted as an amendment to and made a part of the charter of
the City of Fort Worth.
PASSED AIID APPROVED THIS day of U48.
Mayor, Oity of Fort forth, Texas
A T TESTS
Oity Secretary
APFR OVED AS TO FORI:
City Attorney -�
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ORDINANCE
No._ _ r
Title
0
Date
Filed Day of
19
City Secretary
a