HomeMy WebLinkAboutOrdinance 4562 a
ORDINANCE NO.
ORDINANCE CLOSING RARING AND LEVYING A38BSSM$IdT3 FOR
FT. WORTH, T€X.
PART OF THE COST OF IMPROVING A PORTION OF BEACH STREET
EXTENSION IN THE CITY OF FORT WORTH, TEXAS; FIXING
CHARGES AND LEINS AGAINST ABUTTING PROPEMY THEREON, AND
AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLIECTION
OF SUCH ASSESSNEMS AND THE ISSUANCE OF ASSIGNABLE CER-
TIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY
COUNCIL THE RIGHT TO ALWW CREDITS REDUCING THE AMOUNT
OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CR&DIT
GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND EN-
ROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN
THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, TEXAS,
AND BY FILING THUS ORDINANCE IN THE ORDINANCE RECORDS OF
SAID CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth, Texas, has heretofore ordered that hereinafter described
portions of Beach Street Extension in the City of Fort Worth, Texas, be improved by rais-
ing, grading or filling same and by constructing thereon on Beach Street Extension, Unit 8,
7" Reinforced Concrete pavement, together with combined concrete curbs and gutters on pro-
per 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 stict accordance with the plans and
specifications therefor; and contract has been made and entered into with Uvalde Construc-
tion Company, for the making and construction of such improvements; said portion of Beach
Street Zxtensiom being as follows, to-wit:
Beach Street Extension: From the northerly line of Camilla Ave.
to the southerly line of east Carter Ave.
known and designated as Unit No. S.
and,
WHEREAS, estimates of the cost of the improvements on that portion of
Beach Street Extension 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,
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 15th day of December, 1961, at 9 Otclock, 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
Protested that
Protested that
Protested that
Protested that
Protested that
Protested that
Protested that
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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 Hilly 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, TXW THAT:
1.
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.
ll.
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 such assessments are levied, and establish substantial
justice and equality and uniformity between the respective owners of the respective proper-
ties, and between all parties concerned, considering the benefits receive d and burdens
imposed, and further finds that in each case the abutting property assessed is especially
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 thelaw 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 parcel's
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 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
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 attorneys' 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 thesaid
lions 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 Nns 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 6 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, assessments 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,
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 north, 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, 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 equal regular monthly installments of not less than $9.00 each, the
first of such installments to become due and payable not more than 30 days after the co&-
pletion and acceptance by the City of the particular unit, PROVIDED FURTHER, that the City
Attorney is hereby empowered to authorize payment of said sums in 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 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 mechanic's and materialman's contract upon forms supplied
by the City granting a mechanic's lion upon and conveying the said abutting property in
trust to secure the payment by said owner or owners accordings 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 as 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 jurisdic-
tion, or as provided in any mechanic's or materialmants contract as aforesaid, and said
City shall exercise 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
allowed and permitted by the law in force in the City.
VIII. 9III.
Although the aforementioned charges have been fixed, levied and assessed
in the respective amounts hereinabove stated, the City Council does hereby reserve unto it-
self the right to reduce the aforementioned assessments by allowing credits to certain propert
owners where: (1) curb and/or gutter or paving presently exists, (2) property in commercial-
ly zoned areas is occupied by owner as his residence (this credit to be such that the maxi-
mum cost to the property owner per front foot, after allowing such credit, shall not exceed
$5.5o per front foot for curb, gutter and paving, (3) property abuts on the street to be
improved, but actually fronts on another street (this credit to be such that the cost to the
property owner, after allowing such credits, shall not exceed the amount of the assessment
against a residential lot which fronts 100-Peet on the street to be improved.)
Notwithstanding the City Council has herein reserved the right to issue
credits as hereinabove provided, it shall not be required to issue such 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.
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 credits
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 sahll 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 terns 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, descrip-
tion of the property by lot and block number, or front feet thereof, or such other descrip-
tion 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, 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 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 re-
ceived 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 certificate 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 and credit shall be the
Treasurer's Warrant 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 attorney':
fees, if incurred, have been paid in full.
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Said certificates shall further recite substantially that the proceed-
ings with reference to making the improvements have been regularly had in compliance with
the law, and that all prerequistes to the fixing of the assessment lien against the pro-
perty 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
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 required 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 or any
portions of any of said units adjacent to any premises exempt from the lien of such assess-
ments shall not in anywise invalidate, affect or impair the lien of such assessments upon
other premises.
Z.
Full power to make and levy reassessments and to correct mistakes, errors,
invalidities or irregularities, either in the assessments or in the certificate issued
in evidence thereof, is, in accordance with the law in force in this City, vested in the
City.
II.
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.
%II.
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 improvements or the assessments
thereof in any one unit.
1132.
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 shorn 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 said City.
ZV.
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 /s 2X day of�i+�t�/ , 1961.
APPROVED AS TO FORM AND LEGALITY:
&A*' City Attorney -7-
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CITY OF FORT WORTH, 7 YJ
OF FORS' WORTH
THE SUBJECT MATTER OF THIS M.&C.C. TEXAS
WI.S PRESEN®D �T��H '_Y COUNCIL
AND WAS p--'APPROVED
OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. PW1—71 1
Ci December 15, 1961
t C �Z OFFICIhL RECORD
City Secretary
CITY
Honorable Mayor and 1 FT �.. TEX.
Members of the City Council Re: Beach Street Extension
City of Fort Worth from Camilla Avenue to
Carter Avenue, Project 84-
03-25 pnd 94-B3-11 , CIP A-
167
Mrs. McKnight and Gentlemen:
A benefit hearing on assessment paving on Beach Street Extension, Projects
84-B3--25 and 94-133-11 , is scheduled for December 15, 1961 . There is pre-
sented below information concerning the scope and cost of the project,
amounts assessed, initiation of the project, and other pertinent data. A
breakdown showing individual ownership of; property is attached.
PAVING BEACH STREET EXTENSION FROM CAMILLA AVENUE TO CARTER AVENUE
Contradt ,Price
Residential Footage Assessed 275.0`
Commercial Footage Assessed Q46.0
Total Footage Assessed 1 ,121 .0
Residential Assessment $3, 181 .75
Commercial Assessment 9,788.22
Gross Amount Assessed $12,969.97
Less Credits Granted 34915.57
Total Net Assessment _;9.054.40 2.2%
Net Amount Paid by City-at-Large $398, 155.50 97.8%
COMMENTS ON BEACH STREET EXTENSION
The 1960 and 1961 Capital Improvement Program schedules construction of the
Beach Street Extension from Camilla Avenue to Carter Avenue, which is the
final unit of construction of the Beach Street Extension. The completed
project will extend from East Belknap to Mitchell Boulevard. This final
unit of construction consists of excavating and paving under the overpass
M&C PWI - 711
December 15, 1961
Page 2
now being built by the Texas Highway Department on East;.Lancaster Avenue
and under the overpass for the Texas & Pacific Railroad financed Jointly by
the City of Fort Worth and the r6ilway company, and construction of the
service roads and ramps needed to provide access from Beach Street to East
Lancaster Avenue.
The units of Beach Street Extension which have been completed were financed
on an assessment basis and it is proposed that this final unit also be fil
nanced on the same basis. The property between Camilla $venue and the
Texas & Pacific Railroad proposed to be assessed has direct access to Beach
Street, and the property between the Texas & Pacific Railroad and Carter
Avenue that is proposed for assessment has access to the frontage road pav-
ing.
Respectfully submitted,
LPC:ih L. C ngham
City Manager
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