HomeMy WebLinkAboutOrdinance 4862 r
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ORDINANCE NO.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PARTEfMSECRUARy
DUNRD
THE COST OF IMPROVEING A PORTION OF
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PIN THE CITY OF MRT WORTH, TEXAS: FIXING CHAFGES AND LEINSABUTTING PROPERTY THEREON, AND AGAINST THE OWIMRS THEREOF: (,ING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANC
ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF: RESMVING UNTO THE
CITY COUNCIL THE' RI^HT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE
RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CR?TDIT GRANTED: DIRECT-
ING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY
COPYING THE CAPTION OF SAME IN THE MII4MS OF THE CITY COUNCIL OF
FORT WORTH, T_VCAS, AND BY FILING TH_T ORD MINCE IN TIE ORDINANCE RE-
CORDS OF SAID CITY: AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fart Worth, Texas, has heretofore ordered that each of
the hereinafter described portions of streets, avenues and public places in the City of Fart
Worth, Texas, be improved by raising, grading, or filling same and by constructing thereon
to-wit:
1. LUXTON STREET: From the north line of Block 11,
Vickerys Addition, known and
designated as Unit No. 1, a li"
Hot-Mix Asphalt Concrete Surface
on a 7" cement stabilized gravel
base.
2. LUXTON STREET: From Humbolt Street to Terrell
Avenue, known and designated as
Unit No. 2, a 11' Hot-Mix Asphalt
Concrete Surface on a 7" cement
stabilized gravel base.
3. HUMBOLT STREET: From Luxton Street west to the east
R.O.W. line of the I. G. N. Railroad,
known and designated as Unit No. 3,
a 1j" Hot-Mix Asphalt Concrete Surface
on a 7" cement stabilized gravel base.
The above, together with combined com rete curbs and gutter on proper grade and line where
same are not already so constructed, together with storm drains and other necessary inci-
dentals 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 General Construction Co.
for the making and construction of such improvements on the above said portion of streets,
avenues and public places.
W=IAS, estimates of the cost of the improvements of each such portion of
streets, 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 and the 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 11 day of L,arc,: 19 03,
9:00 A.M., in the Council Chamber in the City Ha.11 in the City of Fort Worth, Texas, and at
such hearing the following protests and objections were made, to-wit:
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
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 rate of the total assessment against such property in pro-
portion 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 attorneyle 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 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 t he 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%) 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, affsessments against the property abutting
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, be-
fore maturity by payment of principal and accrued interest, and provided further that if de-
fault 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 theoption of said City of Fnrt Worth, or its assigns, be and become immediately
due and payable, and shall be collectable, together with reasonable attorneys fees and cost
of collection, if incurred, PROVIDED, however, that acting through its duly authorized
Director of Public Works the City of Port 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 lose 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 other-
wise result; and PROVIDED FURTTM, 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 mechanicts and materialman+e contract upon forms supplied by the City granting a
mechanicts 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, pay-
ment of said sums shall be enforced by suit in any court of competent jurisdiction, or as
provided in any mechanicls or materialman's contract as aforesaid, and said City shall exercise
all of its lawful powers to aid in the enforcement and collection of said assessments.
and said hearing was continued to the present time in order to more Hilly 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 levi-
ed as herein ordered;
NOW THz�.f'iE PORE':
B' IT ORDAINED BY THE CITY COUNCIh OF THE CITY OF POT ,WORTH,
TEXAS, THAT.
I.
Said hearing be, and the same is hereby, closed and the said protest and
objections, and any and all other protests and objections, whether herein enumerated or
not, be and the same are hereby, overruled.
I I.
The City Council, from the evidence, finds that the assessments herein levi-
ed 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 pro-
portion 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 be-
tween 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 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 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;
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 itself
the right to reduce the aforementioned assessments by allowing credits to certain property
owners where deemed appropriate. Notwithstanding 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 each of the several assessment certificates 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 allowed by the City Council as a credit against the respective
assessments.
IL
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 lose 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 improvemen�,s 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 attest-
ed 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 cf interest, and the date of the completion and acceptance of the
improvements abutting upon such property for which the certificate is issued, and sha=1 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 identifty 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 assess-
ments levied.
The certificates shall provide substantially that if same shall not be paid
promptly upon maturity, then they shall be collectaole, with reasonable attorneys 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 fortawith with the City ^reasurer to be kept and held by him in a separate fund, and when
any payment shall be made in the City the Assessor and Collector of Taxes upon such certifi-
cate 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 receive from the City Treasurer the amount paid upon the presentation to him of such
certificate so endorsed and credited; and such endorsement a-nd credit shall be the Treasurerls
Warrant for making such payment. Such payments by the Treasurer shall be receipted for 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 fetes, if in,
curred, 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 propert,-
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.
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—
stallments, leaving the main certificate to serve for the fifth installment, which coupons
may be payable to the City of Bbrt 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 unit have been in nowise connected with the imj�rovements or the assessments there—
for in any other unit.
XIII.
The assessment 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 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.
XI V.
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 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 AFPRQVED this day of 21)jallj, 1962.
APPROVED AS TO FORM AND UGALITY:
City Attorney
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City of ,fort Worth, Texas
Mayor and Council Communication
DATE NUM13ERCE SUBJECT: BENEFIT HE-BRING PAGE
March 11, 6 G-435 LUXTON AND HUMBOLT PAVINf OFFICIA
� TYLFT.'Wonjo
IT SCCREAA
x On February 18y 1963g the Administrative Hearing for assessment
paving of the streets listed below was held at the East Van Zandt
Elementary School. The Benefit Hearing is scheduled for March 11,
1963.
The project consists of the following-roust
Unit Street Nance Limits
1. Luxton Street South line of Hu*vI t
Street to South End
of Luxton Street
2. Luxton Street South Lim-of Best
Terrell Street to
North Line of Humbolt
Street
3. East Humbolt Street I.GANe Railroad Right-
of-flay, Bast to Luxton
Street
M&C G-435
March 11, 1963 Luxtson & Humbolt RECORD
Page 2 OFF�C�aL PER
CONTRACTPRK:E......................................................»................................................= 1'� ��� . .
ENGINEERING ........................................................................................................
g.1
ESTIMATED CONSTRUCTION COST................................................._.,............_...................................S. 13,479063 100.0
RESIDENTIAL FOOTAGE................................ 1903096 54.7
COMMERCIAL FOOTAGE.............................. 696.4 40.3
TOTAL FOOTAGE............................................ 1972700 100.0 -
RESIDENTIAL ASSESSMENT...................................................... 59140,72 38.1
COMMERCIAL ASSESSMENT................................................... 39361.26 24.4
GROSS AMOUNT ASSEWED..........................................................................................i 99135.83 67.8
LESS CREDITS GRANTED.................................................................................I.............. 39033.37 29.2
TOTALNET ASSESSMENT............................................................................................................................... 59202.46 38.6
NET AMOUNT PAID BY CITY AT LARM..................................................................................I..................._ 89277.17 61.4
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR NO OBJECTION AGAINST
TOTAL PETITION PAVING SUBMITTED PAVING
NO. OF FRONT FEET 19727.0 974.2 974.2 332.8 420.0
PER CENT 100.0 56.4 56.4 14.3 24.3
PARCELS OF PROPERTY 20 11 11 5 4
PER CENT 100.0 55.0 55.0 25.0 20.0
NO. OF PROPERTY OWNERS 8 3 3 1 4
PER CENT 100.0 37.5 37.5 12.5 50.D-
OWNERS LIVING ON STREET 3 0 0 0 3
PER CENT 100.0 0.0 0.0 0.0 100.0
OWNERS LIVING ELSEWHERE 5 3 3 1 1
PER CENT 100.0 60.0 60.0 20.0 20.0
M&C G-435 � � L ►�J
March 119 1963 Luxton Street - Unit 1 � �rij�i;
Page 3 C1�yPEs�,,�i
CONTRACT Pee=............................................................................. . ........................;7 j 669,75 [ -�900
'`-9��
ENGINEERING ................................................................„............................................. 7FiFi_4R 9.1
ESTIMATED CONSTRUCTION COST....................................„...................._....................................................s A641 -7q 100.0
RESIDENTIAL FOOTAGE................................ 45268 4&9
COMMERCIAL FOOTAGE.............................. 512 53.1
TOTAL FOOTAGE .......................................... 964.8 100.0
RESIDENTIAL ASSESSMENT........................................... „,...; 29395.31 2$.4
COMMERCIAL ASSESSMENT.............................................:...... 29708.48 .32.1
GROSS AMOUNT ASSESSED..........................................................................................i 59,103.79 60.5
LESS CREDITS GRANTED..............................................................................._............... 39199.11 37.9
TOTAL NET ASSESSMENT..................................„........................................................................................... 1004.68 22.6
NET AMOUNT PAID BY CITY AT LARGE...............„............................................................................... ...;6,532.05 77.4
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR NO OBJECTION AGAINST
TOTAL PETITION PAVING SUBMITTED PAVING
NO. OF FRONT FEET 964.8 512 332.8 120
PER CENT 100 430. 53.1 34.5 12.4
PARCELS OF PROPERTY 9 3 5 1
PER CENT 100 33.3 55.6 1.1
NO. OF PROPERTY OWNERS 3 1 1 1 1
PER CENT 100 33.3 33.3 33.3 33.3
OWNERS LIVING ON STREET 0 0 0 0 0
PER CENT
OWNERS LIVING ELSEWHERE 3 1 1 1 1
PER CENT 100 33.3 33.3 33.3 33.3
M&C G-435 OFFICIAL RV
S .
March 11, 1943 Luxton Street - Unit 2
Page 4 CITY CRE!
FT, � ..,
CONTRACTPAM..................................................................»....»»..»...........................= 2 a 650&15 90.9
ENGINEERING .......».................................................................-................................• 96F),09 9.1
ESTIMATED CONSTRUCTION COST............................................»». ... »»..... ...,.............................; 90915.17 100.0
RESIDENTIAL FOOTAGE................................ 400 100.0
COMMERCIAL FOOTAGE..............................
TOTAL FOOTAGE............................................ 400 100.0
RESIDENTIAL ASSESSMENT..............................................__.4 29116.00 72.6
COMMERCIAL ASSESSMENT.......................:............................
GROSS AMOUNT ASSESSED..........................................................................................$ 2 p 116.00 72.6
LESS CREDITS QMNTED.............................................................................I...........
.......
TOTALNET ASSESSMENT................................................................................................................................ 29116.00 72.6
NET AMOUNT PAID BY CITY AT LA1ME........................................................................................................111 799.17 27.4
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR NO OBJECTION AGAINST
TOTAL PETITION PAVING SUBMITTED PAVING
NO. OF FRONT FEET 400 100 100 0 300
PER CENT 100.0 25.0 25.0 9.10 75.0
PARCELS OF PROPERTY 4 1 1 0 3
PER CENT 100.0 25.0 25*0 0.0 75.0
NO. OF PROPERTY OWNERS 4 1 1 0 3
PER CENT 100.0 25.0 25.0 0.0 75.0
OWNERS LIVING ON STREES 3 0 0 0 3
PER CENT 100.0 0.0 0.0 0.0 100.0
OWNERS LIVING ELSEWHERE 1 1 1 0 0
PER CENT 100.0 100.0 100.0 0.0 0.0
The builder of the Nursing Home did not own any property in this unit
although he requested the paving of this block to provide a paved access
to the Nursing Home. Since the paving was petitioned, the builder has
aquired one fourth of the property in this block which is shown in favor of
the paving. The other three owners were apposed to paying for the pave-
ment and were of the opinion that the builder of the Nursing Home should
pay all of the cost.
M&C G-435
March 11, 1963 Humbolt Street - Unit 3
Page 5 OFFICIAL PAECORO
CITY SE�
CONTRACT lIRVICE...........................................................................................................: 1.934s 30 .gig' G
511
ENGINEERING .............................................................................................................. 193.43 9.1
ESTIMATED CONSTRUCTION COST............................................ ......... .. ...»...»...................................3 2,127.73 100.0
RESIDENTIAL FOOTAGE................................ 177.8 49.1
COMMERCIAL FOOTAGE.............................. 184.4 50.9
TOTAL FOOTAGE............................................ 362.2 100.0
RESIDENTIAL ASSESSMENT....................................................= 0.00 0.0
COMMERCIAL ASSESSMENT.................................................... 19916004 90.1
GROSS AMOUNT ASSESSED..........................................................................................= 12916.04 90.1
LESS CREDITS GRANTED................................................................................................ 734.26 34.5
TOTAL NET ASSESSMENT............................................................................................................................. 19181.78 55.5
..................................
NET AMOUNT PAID BY CITY AT LARM.......................................................................................................: 945.95 44.5
SIGNED RESULT OF POSTCARD SURVEY
ORIGINAL FOR NO OBJECTION AGAINST
TOTAL PETITION PAVING SUBMITTED PAVING
NO. OF FRONT FEET 362.2 362.2 362.2 0 0
PER CENT 100.0 100.0 100.0 0.0 0.0
PARCELS OF PROPERTY 7 7 7 0 0
PER CENT 100.0 100.0 100.0 0.0 0.0
NO. OF PROPERTY OWNERS 1 1 1 0 0
PER CENT 100.0 100.0 100.0 0.0 0.0
OWNERS LIVING ON STREET 0 0 0 0 0
PER CENT 0.0 0.0 0.0 0.0 0.0
OWNERS LIVING ELSEWHERE 1 1 1 0 0
PER CENT 100.0 100.0 100.0 0.0 0.0
DATE NUMBER BENEFIT
suBJECT: BENEFIT HEARING PAGE
March 119 19 3 G-435 LUXTON AND HUMBOLT PAVING
DOFFICIALREC0,10
It is the opinion of the Public Works Department that each
parcel of property is benefited in an amount equal to or in excess
of the amounts recommended for--eesesswnt:
Attached is a summary of the Administrative Hearing and the
assessment rolls with the property owners listed in alphabetical
order by units.
JLB:jg
Attach.
Project No, 94-B4-36
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCIED Y
❑ APPROVED / jam ES- T<ER (DESCRIBE) j
F 61 L�G�o� �/C l�'v• 44. `�`/ �j 2- l L CITY SECRETARY
DAT
CITY MANAGER
J i Je ti .7/T'