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HomeMy WebLinkAboutOrdinance 2371 • f S ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING PORTIONS OF NORTH NORTJIVMsT COMMERCE STREET, NORTH HOUSTON STREET AND TRINITY AVENUE IN THE CITY OF FORT WORTH, TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTY ABUTTING THEREON AND AGAINST THE OWNERS THEREOF AND AGAINST RAILWAYS USING, OCCUPYING AND/OR CROSSING SAID STREETS AND/OR AVENUE, AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF. WHEREAS, the City of Fort Worth, Texas,has heretofore ordered that, among others, the below mentioned and described portions of streets and avenue in the City of Fort Worth, Texas, be improved by raising, grading and filling same, constructing concrete curbs and gutters where adequate curbs and gutters are not now installed on proper grade and line and by paving, together with incidentals and appurtenances, including drains where necessary; and contract, as amended, has been made and entered into with Austin Road Company for the making and construction of such improvements, to wit: raising, grading and filling same, constructing reinforced concrete curbs and gutters where adequate curbs and gutters are not now installed on proper grade and line, and by paving with 7 inch reinforced concrete pavement (except in areas occupied by rails, tracks, double tracks, turn-outs and switches and two feet six inches on each side thereof of railways using, occupying and/or crossing said streets and/or avenue), together with incidentals and appurtenances, including drains where necessary; by improving the areas occupied by rails, tracks, double tracks, turn-outs and i switches and two feet on each side thereof of railways using, occupying and/or crossing said streets and/or avenue, by paving with Hot Mix Asphaltic Concrete 5 inches thick on ballast under and between rails and ties; and by constructing concrete headers 6 inches wide by two feet one-half inch on each side of the next hereinabove mentioned railway improve- ments; all as provided by the plans and specifications for such improvements; said portions of streets and avenue being as follows, to wit: NORTH CO?'VMERCE STREET, from the southerly line of Northeast Fourth Street to the southerly line of Northeast Eleventh Street, known and designated as Unit No. 2; NORTH HOUSTON STREET, from the southerly line of Northwest Fourth Street to the southerly line of Northwest Trinity Avenue, known and designated as Unit No. 3; NORTHWEST TRINITY AVENUE, from the westerly line of North Houston Street to the westerly line of North Main Street, known and designated as Unit No. 11; and, - 1 - WHEREAS, new estimates of the cost of the improvements of such portions of streets and avenue, based on such contract as amended, 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 the owners of railways using, occupying, or crossing said portions of streets and/or avenue, and the owners thereof, and I 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 4th day' of December, 1946, 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 follow- ing protests and objections were made, to wit: 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: THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: THAT, f 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 and avenue, and against the owners of such property, and against railways using, occupying or crossing said portions of streets and/or avenue, and against the owners thereof, 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 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 property assessed is specially benefited in enhanced value to the said properties by means of 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 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 of property hereinbelow mentioned, and against the real and true owners thereof (whether such owners be correctly named herein or not), and against railways using, occupying or crossing said streets and/or avenue, the sums of money below mentioned and itemized shown opposite the des- cription of the respective parcels of property and/or name of railway; the descriptions of the respective parcels of property, the names of railways, and 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 rats 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 against said railways and the owners thereof, and interest thereon at the rate of 6 per cent per annum, together with reasonable attorneys' fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the res- pective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property and of such railways, whether such owners be named or 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, and against said railways 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 20) days, one (1), two (2), three (3) and four (4) years from the completion and acceptance of the improvements in the unit upon which the particular property abuts, 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 the date of such completion and acceptance at the rate of 6 per century per annum, payable annually with each installment, so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property upon such completed and accepted unit 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 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 the said Austin Road 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. 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, � y g: at the option of the said Contractor, or its assigns, payment of said sums shall be enforced by suit in any court of competent jurisdiction, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assess- ments. 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 Austin Road Company, or its assigns, shall look solely to such property and the owners thereof for the payment 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 personal obligations. VIII. The total amount assessed against the respective parcels of abutting property, and the owners thereof, and agains# said railways and the owners thereof, is in accordance with the proceedings 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. 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 cer- tificates shall be issued by the City of Fort Worth 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 witja the corporation seal, and shall be payable to said Austin Road Company, or its assigns, and shall declare the said amounts, time and terms of payment, rate of interest, and the date of 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 thereof, 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, 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 of Taxes of the City of Fort Worth, 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, hereby designated as AUSTIN ROAD COMPANY STREET IMPROVEMENT FUND, and when any payment shall be made to the Assessor and Collector of Taxes upon such certificate he shall, uponlresentation to him of the certificate by the Contractor, or other holder thereof, endorse said payment thereon, and the Contractor, or other holder of such certificate, shall be entitled to receive from the City Treasurer the amount paid upon presentation to him of such certificates so endorsed and credited; and such endorsement and credit shall be the Treasurers Warr4nt for making such payment. Such payments 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 incurred, have been paid in full. Said certificates shall further recite substantially that the proceedings with reference to making the improvements to which the particular certificate relates, have been regularly had in compliance with the law, and that all pre- requisites to the fixing of the assessment 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 requirOd 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 either to Austin Road 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 streets and/or avenue adjacent to any premises exempt from the lien of such assess- ment 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 tnue owners of the premises des- cribed, notwithstanding such owners may not be named, or may be incorrectly named. XII. The assessments herein made and levied against railways using, occupying or crossing streets and/or avenue for work between the rails, tracks, double tracks, turn-outs and switches and two feet six inches on each side thereof, shall be paid ' - I 3 upon the same terms and in the same installments and at the same rate of interest as herein provided with reference to assessments against abutting property and the owners thereof, and certificates in evidence of assessments against such railways shall be issued in the same manner and with the same force and effect as herein provided with reference to certifi- cates in evidence of assessments against abutting property and the owners thereof. 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 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. XIV. The assessments for the improvements in one unit are in nowise related to or connected with the improvements or assessments in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improve- ments in one unit have been in nowise affected by any fact in anywise connected with the improvements or the assessments therefor in any other unit. PASSED AND APPROVED This day of December, A. D., 1946. ------------------------------------ Mayor, City of Fort Worth, Texas ATTEST: ----------------------------- City Secretary. ORDINANCE Title Y'r kA Date--A. Filed___ CY _ day of City Secretary 3 a P. 0. No. 6043-P