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HomeMy WebLinkAboutOrdinance 2561 t 1 ' 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 COMMERCE STREET IN THE CITY OF FORT WORTH, WITHIN THE LIMITS HEREIN- BELOW DEFINED, AND TO ANY RAILWAYS USING, OCOUPYING OR CROSSING SAID STREET,AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROVEMENT OF SAID STREET WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR, OVER-RULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; 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 S AID IMPROVE- MENTS , PROPOSED TO BE, AND AS ASSESSED AGAINST SAID PROPERTIES, AND THE 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 THE REAL AND TRUE OWNERS THEREOF; LEVYING A SPECIAL TAX AND FIXING A CHARGE AND LIEN AGAINST SAID RAILWAYS, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACOEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAY- ment THEREOF AND PROVIDING FOR THE MANNER AND METHOD OF OOLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; 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 6Worth, Texas, hereby finds and determines: (a) That the City Council of the City of Fort Worth, Texas, has heretofore by Ordinance duly enaoted on February 11, 1948, determined the necessity for, and ordered, the improvement of portions of Commerce Street within the limits hereinafter defined, in the City of Fort Worth, Texas, in the manner and according to the Plans and Specifications therefor, which Plans and Specifications have heretofore been approved and adopted by said City Council, said street and the portions thereof so ordered improved being as follows, to wit : 0020MCE STREET, from the Southerly line of East Weatherford Street, to the Northerly line of East Lancaster Street. (b) That Notice duly executed 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 28th day of June, 1948, in reference to the above street. -1- (e) That after advertising for bids for the construc- tion of said improvements in the manner and for the length of time as required by the lay: and the Charter of said City, the lowest secure bid of Brown & Root„Ino. was accepted and contract duly awarded to said Brown & Root, Inc. for the construction of said improvements, by Ordinance duly enacted on June 23, 1948, which con- tract is dated •June 23, 1948; and (d) That the City Council has caused the Director of Public Works to prepare and file estimates of the cost of such improvements 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 aboie defined, and the real and true owners thereof, and of the amounts proposed to be assessed and taxed against the railways using, occupying or crossing said street, and the real and true owner thereof, and said Director of Public Works has heretofore filed said estimates and a statement of other matters relating thereto with said City Council and same has been received, ex amined and approved by said City Council. (e) That said City Council, by duly enacted Ordinance dated June 30, 1948, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on said street within the limits herein defined, to be paid by the p roperties abutting thereon, and the real and true owners thereof, and by said railways, and did order and set a hearing to be held at 9:30 a.m. o'clock on July 14, 1948, in the Council Chamber of the City Hall of Fort !forth, Texas, for the real and true owners of the properties abutting upon said street within said limits defined, and for any railway using, occupying or crossing said street, and for all others owning or claiming any interest in, or otherwise interested in said properties, or said railways, or any of 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 amounts proposed to be charged to and taxed against said Railways, and as to the special benefits to accrue to said abutting properties and the real and true owners thereof by virtue of said improve- ments, if any, or concerning any error, invalidity, irregularity, or deficiency in any proceeding or contract concerning same, to appear and be heard in person or by counsel, and offer evidence in reference to said matters; and said City Council did by said 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 XXIII of the Charter of said City, said notice to be by a publication in some newspaper of general circulation in the City of Fort ",forth, Texas, said notice to be published in said newspaper at least three times prior to the date of said hearing, the first publication of which to he 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 identified, was duly given by publication of same in The Fort north Press, a newspaper of general circulation published in the City of Fort Worth, Teas, on July 1, 1948) July 2 , 1948, and July 3, 1948. -2- (g) That after due, regular and proper notice thereof all as provided by said Acts, said hearing of which notice was so given was opened and held on July 14, 1948, at 9:30 a.m. , in the Council Chamber of the City Hall of the City of Fort Worth, 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: MR. SCOTT McDONALD, in response to questions by the City Attorney, stated that he was a resident of the City of Fort Worth, Texas engaged in the real dstate business, and that he was familiar with real dstate and its values in said City, and in particular with the properties and values thereof abutting upon Commerce Street 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 of property abutting upon said street to be improved will be specially benefited in enhancemeit 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 property abutting upon said street as a result of said improvement will be in an amount in each case, in excess of $3.08 per front foot. No further persons or parties appearing and desiring to be heard or offer testimony, upon motion by Councilman Eaale seconded by Councilman , and duly carried, sa d hearing was Mlazed closed. (h) That at none of said hearirMs were any objections, protests or testimony offered as to said improvements, the assessments or contracts therefor, or as to any of the proceedings in reference thereto except as herein- above set out; and said Oity Council has heard evidence as to the special benefits in enhanced value to accrue to said abutting properties, and the real and twue owners thereof, as compared with the portion of the cost of constructing said improvements proposed to be assessed against said properties, and has heard all parties appearing and offering testimony, together with all protests and ob ections 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 full and fair hearing to all parties making or desiring to make any such protests, objections or to offer testimony, and has fully examined and con- sidered all of said evidence, matters, testimony, and objections offered, and based upon same, said City Council finds upon said evidence that each and every parcel of property abutting upon said street within the limits to be improved as herein defined, will be enhanced in value and specially benefited by the construction of said improvements 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, 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 are being had and the proceedings of said -3- City Council theretofore had with reference to such improvements and that all of same are in all respects valid and regular; and said City Council further finds upon said evidence that the assessments hereinbelow made and the charges hereby declared 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 properties, and the real and true owners thereof, as being just and equitable and as producing substantial equality considering the benefits to be received and the burdens imposed thereby, and that all objections and protests should be overruled and denied. SECTION II: That there being no further protests or testimony for or against or in reference to said improvements, benefits or proceed- ings, said hearing granted to the real and true owners of properties abutting upon said street within the limits herein defined, and of railways using, occupying or crossing said street, and to all persons, firms, 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 improvements 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 produce substantial equality, con- sidering the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas, and the Charter of said City; and that all proceedings and contracts here- tofore had with reference to said improvements are in all respects -4- regular, proper and valid, and that all prerequisites to the -1'4 g of the assessments liens against said abutting properties, as herein- after described, and the personal liability of the real and true owners thereof, ,,,hether named or correctly named herein or not, and of the special taa and lien upon said railways, their roadbeds, ties rails, fixtures, rights and franchises, have been in all things regularly 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'of said proceedings heretofore had aryl 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 40th Legislature of the State of Texas, known and shown as Article 1105-b of Vernon's Annotated Civil Statutes of Texas, as amended @.nd as adopted by 6ection 17, Article XXIII, of the Chester of said City, there shall be , and is hereby levied, assessed and taxed against the respective parcels of property abutting upon said street, as herein- below 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 money herein below mentioned and itemized opposite the description of the respective parcels of said property, and there shall be, and is hereby specially taxed, levied and charged against the railways using, occupying, or crossing said street, as hereinbelow set out, and their roadbeds, ties, rails, fixtures, rights and franchises, the sums of money hereinbelow set out opposite the name or description df such railways; the description of such property, the number of front feet of each, and the several amounts assessed against same and the real and true owner or owners thereof, and the names of the apparent owners thereof, the apparent names of the railways using, occupying or crossing said street and the amounts specially taxed and levied -5- against them, all as corrected and adjusted by said City Council, being as follows, to-wit; Here insert Assessment Rolls. ) -6� SECTION V• That the several sums mentioned above in Section IV hereof, assessed against said parcels of abutting property and the real and true owner or owners thereof, whether said owners be named or correctly named or said properties be correctly described herein or not, and the sums taxed and assessed against said Railways, together with interest thereon at the rate of six (60) per cent per annum and with reasonable attorneyte 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, and the Railways, their roadbeds, ties, rails, fixtures, rights and franchises, 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 ownner 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 ad valorem taxes; and that the sums so assessed and taxed shall be payable as follows, to-wit: in five (5) equal annual installments, 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 payable respectively one (1), two (2), three (3), and four (4) yeats from and after saidadate 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°fo) per cent per annum, payable annually, past due installments of prin- cipal and interest to bear interest at the same rate per annum until paid; however, any owner of such property or Railway shall have the right to day 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 such default is made, shall, at the option of the said Brown & Root, Inc. or its assigns, be, and become i:m-iediately due and payable and shall be collectible, together withxeasonable attorneys fees and all costs and expenses of collection, if incurred. -7- 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 property and the real and true owner or owners thereof, but Brown & Root, Inc. 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 Brown & Root, Inc. 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 or Railways, and the real and true owner or owners thereof, collection thereof shall be enforced at option of said Brown & Root, Inc. , or its assigns, either by suit in any court having jurisdiction or by sale of the 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 collection 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 said Railways, and the real and true owner or owners thereof, and the tiihe and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Fort Worth, Texas, to Brown & Root,Inc. upon the 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 the C4ty1s corporate seal, and which shall declare the amounts of said assessnents 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 certi- ficates 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 -8- the said property shalll-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. That the said certificate shall further provide substan- tially that if default shall be made in the payment of any installment of priabipal or interest when due, then at the option of Brown & Root, Inc. , or its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable and shall be collectiple with reasonable attorneys 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 named or correctly namediherein 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 Brown & Root, Inc. 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 Counotl of said City, and that all prerequisites to the fixing of the assessments 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 perforadd, 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 or any of the several installments-thereof, which may be signed with the facsimile signatures of the Mayor and City Secretary. -9'.. 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 oertifi- cates 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. SECTION VIII: That all such assessments levied are, and shall be, a personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owners may mt be named or correctly named, and any Irregularity in the name of the property owner, or the description of any 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, or error, invalidity or irregularity whether in such assessment or in the certificate issued in evidence thereof, 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, and the total amounts assessed and taxed against the Railways using, occupying or crossing said street, 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 proceedings 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 40th Legislature of the State of Texas, known as Article 1105-b of Vernon's Annotated Civil Statutes of Texas „ as -10- r adopted by Section 17, Article XXIII, of the Charter of said City, under which terms, provisions and pourers and said proceedings, said improvements and assessments were had and made by said City Council. SECTION I8 : This Ordinance shall take effect and be in full force from and after its passage. PASSED AND APPROVED, this the day of July, 1948. MAYOR OF CITY OF FORT WORTH, TEXAS. 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