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HomeMy WebLinkAboutOrdinance 3661 ORDINANCE NO. AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON N.W. TWELFTH STREET IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, AS TO THE SPECIAL BENEFITS TO ACRUE TO SAID PROPERTY, AND THE REAL AMID TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPR07EMENT OF SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFEND; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS, PROPOSED TO BE AND AS ASSESSED AGAINST SAID PROPERTIES, AND REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES, AND REAL AND TRUE OTZERS THEREOF; PROVIDING FOR THE ISSUANCE OF ASSIGN.. ABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTI- FICATES, AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT UPON ITS PASSAGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. The City Council of the City of Fort Worth, Texas, hereby finds and determines: (a) That the City Council of the City of Fort Worth, Texas, has heretofore by ordinance duly enacted on the R th day of &M IL, A.D. 19,,E-k, determined the necessity for, and ordered the impr e- ment of portions of N.W. Twelfth Street within the limits herein- after defined, in the City of Fort Worth, Texas, in the manner and according to the plans and specifications therefor, which plans and specifications have been heretofore approved and adopted by said City Council, said street and the portions thereof so ordered improved being as follows, to-wit: N.W. TWELFTH STREET, from the westerly line of North Main Street to the easterly line of Jacksboro Highway in said City. (b) That notice duly enacted in the name of the City of Fort Worth, Texas, of the enactment of said above described ordinance has heretofore been filed with the County Clerk of Tarrant County, Texas, in which said City is situated, on the 2¢ day of v , A.D. 19 -IL, and duly records n Volume /2 99 , Page � , of the Mortgage Records of Tarrant County, Texas. (c) That after advertising for bids for the construction of said improvements in the manner and for the length of time as required by law and the Charter of the City of Fort Worth, the lowest secure bid of Worth Construction Company, a Corporation., was accepted and contract duly awarded to said Worth Construction Company for the constructAon of said improvement by ordinance duly enacted on the --day of 4,or,/ , A.D., 19_,;FZ; which contract is dated the 8-nth day of rt _ `-.D. lqffz. and - 1 , (d) That the City Council of said City has caused the Director of Public Works to prepare and file estimates of the costs of such i.mp6vements on the portions of said street to be improved and estimates of the amounts per front foot proposed to be assessed against the property abutting upon said street within the limits above defined, and the real and true owners there— of, and said Director of Public Works has heretofore filed said estimates and a statement of other matters relating there— to, with said City Council and same has been received, examined and approved by said City Council. (e) That said City Council, by ordinance duly enacted, dated the /Zf� day of /v/72 ,A.D. 19_32Z, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on said street within the limits above defined, to be paid by the properties abutting thereon, and the real and true owners thereof, and did order and set a hearing to be held at/Qoo'clock A.M. I&Oa2_0 , 19jEZ in the Council Chamber of the City Hall of the City of Fort Worth, Texas, for the real and true property owners of the properties abutting upon said street within said limits defined, and for all others owning or claiming any interest in, or otherwise interested in said properties, or said matters as to the assessments and amounts proposed to be assessed against each parcel of said abutting property, and the real and true owners thereof and as to the real and special benefits to accrue to said abutting properties and the real and true owners thereof by virtue of said improvements, if any, or concerning any error, invalidity, irregularity or deficiency in any proceeding or contract concerning same, to appear and be hoard in person or by counsel and offer evidence in reference to said matters, and said City Council did by ordinance, order and direct that the City Secretary of said City give notice of said hearing as required by the laws of the State of Texas, to—wit: Chapter 106 of the Acts of the Fortieth Legislature of the State of Texas, known as Article 1105-b of Vernon's Annotated Civil Statutes of Texas, as adopted by Section 17 of Article KXIII of the Charter of said City, said notice to be by a publication in some newspaper of general circulation in the City of Fort Worth, Texas, said notice to be published in said newspaper at least three tunes prior to the date of said hearing, the first publication of which to be at least ten days prior thereto. (f) That said notice as ordered and directed by said City Council and as required by said Acts above mentioned, was duly given by publication of same in '—Or/h1Or4 4?iir_2�74yrem, a newspaper of general circulation published in the City of Fort Worth, Texas on 141n e /.3 , A.D. 19A' $ t,lkn& kl,4- A.D. 19aZ, end t fjIhe J_r A. . 1a: (g) That after due, regular and proper notice thereof all as provided by said Acts, above mentioned, said hearing of which notice was so given was opened and held on the Z G may of S'✓N 7 A.D. 19�, at ro•.Oootclock M. in the Council Chamber of the City Hall of the�ity of FortWorth, Texas, in accordance with said ordinance and notice, at which time an opportunity was given to all of said above mentioned parties and agents and attorneys, to be heard and to offer evidence as to all matters in accordance with said ordinance and notice, at which time the following appeared and testified as follows: - 2 - ",in response to questions by the City Attorney, seek scat .that he was a resident of the City f Fort Worth, Tarrant County, Texas and said . � i^72;v was engaged in the real estate business and said e7 was City Land Agent; that he was familiar with real estate and its values in said City, and in particular with the properties and values thereof abutting upon N.W. Twelfth Street within the bounds above stated in said City to be improved under these proceedings; that in his opinion, if said street is improved in the manner proposed by the City under these proceedings, that each and every parcel.t prop- erty abutting upon said Street to be improved will be specially benefited in enhancement in value as a result of the construction of said improvements; and that in his opinion the amount of such special benefits which will accrue to each parcel of the property abutting upon said street as a result of said improvements Will be in an amount in each case, in excess of J! per front foot* appeared and protested thatt appeared and protested• h&t.: • appeared and protested that: appeared and protested• that: - 3 - 4 . ppeared and protested thats appeared and protested thatx a earhd and protested that- appeared and protested • tha s and protested tha'. sppl�ex'ed and protested tha t appeared and protested thatt No further persons or parties appearing and desiring to be heard or offer testimony, upon motion of Councilman rjt&AA1 , seconded by Councilman L and du]y carried, said hearing was d e- red closed. (h) That at none of said hearings were any objections, protests or testimony offered as to any of the proceedings in reference thereto except as hereinabove set out; and said.City Council has heard evidence as to the special benefits in enhanced value to accrue to said abutting properties, and the real and true owners thereof, as compared with the portion of the cost of construction said improvements proposed to be assessed against said properties, and has heard all parties appearing and offering testimony, together with all protests and ob- jections relative to such matters and as to any errors, invalidities or irregularities in any of the proceedings and contract for said improvements, and has given a Hill and fair hearing to all parties making or desiring to make any such protests, objections or to offer testimony, and has fully examined and considered all of said evidence, matters, testi- mony and objections offered, and based upon same, said City Council finds upon said evidence that each and every parcel of property improved as herein defined, will be enhanced in value and specially benefited by the construction of said improve- ments in an amount in excess of the amount of the cost of said improvements proposed to be, and hereinbelow assessed against each of said parcels of property abutting upon said street, to be improved, and the real and true owners thereof; and said City Council did consider and correct all errors, invalidities, or deficiencies called to its attention, and did find that all proceedings and contracts were proper and in accordance with the laws under which same are being had and the proceedings of said City Council thereto had with reference to such improvements and that all of same are in all respects valid evidence that the assessments hereinbelow made and the charges hereby de- clared against said abutting properties and the real and true owners thereof are just and equitable and did adopt the rule of apportionment set forth below herein and the division of the costs of said improvements between said abutting proper- ties, and the real and true owners -thereof, as being b t and equitable and as producting a substantial equality con- sidering the benefits to be received and the burdens imposed thereby, and that all objections and protests should be over- ruled and denied. - 5 - i SECTION II. That there being no further protests or testimony for or against or in reference to said improvements, benefits or proceedings, said hearing granted to the real and true owners of properties abutting upon said street, within the limits herein defined, and to all persons, firm, corporations, and estates, owning or claiming same or any interest therein, be, and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION III. The City Council hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon said street, within the limits herein defined, that the special benefits in the enhanced value to accrue to said property, and the real and true owners thereof, by virtue of the construction of said improvements in said portions of said street, will be in excess of the amount of the costs of said improve- ments proposed to be, and as herein assessed against said abutting properties, and the real and true owners thereof, and finds that the apportionment of the costs of said improvements, and that the assessments hereinbelow made, are just and equitable and product substantial equality, considering the benefits received and the burdens imposed thereby, are in accordance with the laws of the State of Texas, and the Charter of said City, and that all proceedings and contracts heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the fixing of the assessments liens against said abutting properties, as hereinafter described, and the personal liability of the real and true owners thereof, whether named or correctly named herein or not, have been in all things regular- ly had and performed in compliance with the law, and the proceedings of said City Council. SECTION IV. That in pursuance of said ordinance duly enacted by said City Council authorizing and ordering the improvement of said above described street, within the limits hereinabove named and defined, and in pursuance - 6 .. of said proceedings heretofore had and enacted by said City Council in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas, with particular reference to Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, known and shown as Article 1105-b of Vernonts Annotated Civil Statutes of Texas, as amended and as adopted by Section 17, Article XXSII, of the Charter of said City, there shall be, and is hereby levied, assessed and taxes against the respective parcels of property abutting upon said street, as hereinbelow described, and against the real and true owners thereof, whether such real and true owners be named or correctly named, or said properties, be correctly described herein or not, the several sums of moneyfhereinbelow mentioned and itemized opposite the description of the respective parcels of said property, all as corrected and adjusted by said City Council, being as follows, to-wit: - 7 - SECTION V. That the several sums mentioned above in Section IV hereof, assessed against said parcels of abutting property and the real and true owners thereof, whether said owners be named or correctly named or said properties be correctly described herein or note, together with interest thereon at the rate of six (6%) percent per annum and with reasonable attorney's fees and all costs and expense of collection, if incurred, are hereby declared_ to be and made a first and prior lien upon the respective parcels of property against which same are assessed and taxed from and after the date said improvements were ordered by said City Council, and a personal liability and charge against the real and true owner or owners thereof, whether or not such owner or owners be named or correctly named herein, and said liens are and shall be paramount and superior to all other liens, claims, or titles except for lawful awl valorem taxes; and that the sums so assessed and taxed shall be payable as follows, to-wit: in five (5) equal annual installnjits, the first of which will be payable on or before twenty days after the completion and acceptance of said improvements by said City Council, and the four (4) remaining installments to be due and pjwable redpb tiv-Iy one (1), two (2), three (3), and four (4) years from and after said date of completion and acceptance of said improvements by said City Council, deferred payments to bear interest from such date at the rate of six (6) percent per annum, payable annually, past due installments of principal and interest to bear interest at the same rate per annum until paid; however, any owner of such property shall have the right to pay off the entire amount of any such assessment, or any installment thereof, before maturity by paying principal and accrued interest to date of said payment; and provided, further that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment or tax, upon which default is made, shall, at the option of the said Worth Construction Company, or its assigns, be, and become immediately due and payable and shall be collectible, together with reasonable attorneys fees and all costs and ex- penses of collection, if incurred. - 8 - SECTION VI. That the City of Fort Worth, Texas, shall not in any manner be liable for the payment of any sums hereby validly assessed against any abutting pro- perty and the real and true owner or owners thereof, but Worth Construction Company shall look solely to such property and the real and true owner or owners thereof, for payment of any sums validly assessed against said respective parcels of property, but said City shall be obligated to furnish Worth Const- ruction Company valid assessments and assessment certificates and shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and assessments; and if default shall be made in the payment of any of said sums herein assessed or taxed against the said parcels of property, and the real and true owner or owners thereof, collection thereof shall be enforced at option of said Worth Construction Compare*, or its assigns, either by suit in any court having jurisdiction or by sale of property assessed as nearly as possible in the manner as may be provided by law in force in said City for the sale of property for the colLe ction of ad valorem taxes. SECTION VII. That for the purpose of evidencing said assessments, special taxes, the liens securing same and the several sums assessed against the said parcels of property, and the real and true owner or owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Fort Worth, Texas, to Worth Construction ComparW, upon completion and acceptance of said improvements in said street, which certificates shall be executed by the Mayor in the name of the City, attested by the City Secretary with City's corporate seal, and which shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and the acceptance of the improvements for which the certificates are issued, and shall contain the name of the apparent true owner or owners as accurately as possible, and the description of the property assessed 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 or firm, then to so state the fact shall be sufficient, and no error or mistake in describing any such property or in giving the name of any owner or owners, or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. — 9 - That the said certificate shall further provide substantially that if default shall be made in the payment of an installment of principal or interest when due, then at the option of Worth Construction Company or its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall be at once due and payable and shall be collectible with reasonable attornsyls fees and all expenses and costs of collection, if incurred, and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether nd or correctly named therein or not, and the lien upon such property, and that said lien is first and paramount :thereon, superior to all other liens, titles and charges except for lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, and shall provide in effect that if default shall be made in the payment thereof, the same may be enforced, at the option of Worth Construction Company, or its assigns, either by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited or by suit in any court having jurisdiction. That said certificate shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law in force in said City and proceedings of the City Council of said City, and that all prerequisites to the fixing of the assess- ment lien against the property and the personal liability of the real and true owner or owners thereof evidenced by such certificates, have been regularly done and performed which recitals shall be evidence of all the matters and facts so recited and no further proof thereof shall be required in any court. That the said certificates may have coupons attached thereto in evidence of each of any of the several installments thereof, which may be signed with the facsimile signatures of the Mayor and City Secretary. That said certificates shall further provide in effect that the City of Fort Worth, Texas, shall exercise all of its lawful powers when requested to so do by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall suffice. 1 0 - SECTION VIII. That all such assessments levied are, and shall be, a personal lia- bility, and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the description of arty property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued and such mistake error, invalidity or irregu- larity whether in such assessment or in the certificate issued in evidence there- of, may be, but is not required to be, in order to be enforceable, corrected at any time by the City Council of the City of Fort Worth, Texas. That the total amounts assessed against the respective parcels of property abutting upon said street within the limits herein defined, and the real and true owner or owners thereof, are the same or less than, the estimates of said assessments and charges prepared by the Director of Public Works and approved and adopted by said City Council and are in accordance with the proceed.. ings of said City Council relative to said improvements and assessments therefor, and with the terms, powers and provisions of said Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, known as Article 1105-b of Vernon's Annotated Civil Statutes of Texas as adopted by Section 17, Article XXIII, of the Charter of said City, under which terms, provisions and powers and said proceedings, said improvements and assess- ments were had and made by said City Council. SECTION II. This Ordinance shall take effect and be in full force from and after its passage. PASSED AND APPROVED, this the _day of �if�P, , 1957. 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