HomeMy WebLinkAboutOrdinance 4601 OFFICIAL RECORD
ORDINANCE NO. �o CITY SECRETARY
FT. WORTH, TEX.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF NELL STREET AND PORTIONS
OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY
OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING
PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR
THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL
THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE
ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE
CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING
THE CAPTION OF SALE IN THE MINUTES OF THE CITY COUNCIL OF FORT
WORTH, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS
OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth, Texas, has heretofore ordered that each of
the hereinafter described portions of streets, avenues and public places in the City of
Fort Worth, Texas, be improved by raising, grading or filling same and by constructing
thereon a 7" stabilized gravel base with 1JO Hot-Mix Asphaltic Concrete surface, together
with combined concrete curbs and gutter on proper 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
strict accordance with the plans and specifications therefor; and contract has been made and
entered into with Glade Construction Company for the making and construction of such
improvements; said portion of streets, avenues and public places being as follows, to wit:
On Nell Street: From the South Line of Kelroy Street
to the North Line of Brookline Avenue,
known and designated as Unit No. 1,
On Nell Street: From the North Line of Brookline
Avenue to the North Line of Martin
Street, known and designated as
Unit No. 2.
and,
WHEREAS, estimates of the cost of the improvements on each such portion of
street, 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 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 2nd day of April, 1962, at 9:30 o'clock,
A.M., in- the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such
hearing the following protests and objections were made, to wit:
«1«
t'-lat
tested that
--protested that
rotent-eu that
pro--ested tuat
rot^stcu that
protested t�at
that
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and. siid hearing rrs continued to the present time in order to more fully accomplish the
purposes thereof, and all d=sirinC to be hyc.rd ware given full and fair opportunity tc be
heard, and the City Ccuncil of t:_a City .a.vi-ng fully considered all proper matters is of
the opinion that ,,he said Mrin_r should be closed and assoss, feats should be made and levied
as herein ordered:
NOW THEREFCRE,
BE IT B`' LIE CITY CL i :L LF TEE CITY k F FU tT WRTH,
TEXAS, THAT:
I.
Said hearing be, and the same is hereby, closed and the s id protests aW
objections, and any and all other protests and objections, Wether herein enumerated or not,
be and the same are hereby, overruled.
II.
The City Council, frog 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 c'-arges are right and proper and am snbstar,tiall,''
in proportion to the benefits to the respective parcels of property by means of the
improvements in the unit for which suer assessments are levied, and establish substantial
justice and eruality and uniformity bet,<:een tie respective owners of the respective
properties, and be woon all parties concerned, considering the bcgefits received and
burdens imposed, and further finds that in c . case t. , abutting proporty assessed is
specially benefited in enhanced value to the said property by means of We said improvements
in the unit upon which the particular property abuts and for which assessment is levied
and c.:e.rc • node, in a sun in excess of M said assessment and chv n made against the
sage by this ordinance, and further finds that the apportionment of the cost of he
improvements is in accordance with the law in force in this City, and the proceedings of
the City ner'tofcre had with reference to said improvements, and is in all respects valid
and regular.
III.
There shall be, and is hereby, levied and assessed a. ainst the parcels of
property hereinbelow mentioned, and. against the real and true oo n_rs thereof (whether
such owners be correctly named herein or not), the sums of money it.mized below opposite
the description of the respective parcels of prCpe 't'y and M several amounts assessed
against the some, aM tte owners Wareof, as far as such owny's are known, being as
follows:
—3—
I V.
Mere more than one ^Lrson, firm or corporation owns an intero:;t in any
7ronerty above described, e.-ch said prrson, fir; or corpora'-_en shall on p.rscnally liable
only for its, his or her pro rate of the total assessment against such property in proportion
as its, his or her respective interest bears to the total ownarship of such prooprty, and
its, his or her respective interest in such property may be raleased frc� the assessment
lien upon payment of such proportionate sum.
The several sums above mentioned and assessed _ ._ the said parcels
of prope ty -.a
,, c On r=ersh thereof, and interest thereon at the rate of six per cent
Q) per annum, together with reasonable attorney's fees and costs of collection, if
incurred, arc hereby declared tc be and are 73d.e a. lien un-n the respective parcels of
property against .:niche the same are assessed, and a p rson tl lability End charge llnins-L
the real and true owners of such property, AM= such ccoors be correctly „_med herein
or nct, and the said liens shall be and constitute the first enforceable lion u_,d clzLa
against the property on which such assessments are levied, and shall be _ first and
paramount lien thereon, supericr tc all other liens and claims, encept SON, 'County,
SOOoI District and City K va-ore^ taxes.
The sums so assessed against time abutting, property and the owners thereof
shall bc and become due and r_, a;ale as fwllo:•.•s, to knit: in five (`) equal installments, due
respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4) years
from the date .f completion and acceptance of the improvements in the respective unit, and
the assessments a7ainst the property ahuttinC upon the remaining units shall be and "occme
due and payable u7 such rnsf.a_1--er:, , r..fter the date of the completion and acceptance of
stc respective units, and shall bear interest fro . said date at ;,he rate of six per cent
(65) per annum, p 7a.ble annually with each installment, oxcept as to the first installment,
c.l ich shall be due and payable at the maturity thereof, so that upcn the completion and
acceptance of the i2provements in a particular unit, assessments i7oinst the ,property
abutting upon such completed and accepted unit shall be and become due and payable in such
installments, and .with interest fro., the Bite of such completion and acceptance. Provided,
... .never, that any mmer skali have the right to pay the entire assessment, or any installment
thereof, befcrc maturity by payment of principal and accrued interest, and provided further
that if default shall ba made in the payment of any installment of principal or int r_st
promptly as the sane matur,s, then the entire amount of the assessment upon .`_ich such
default is Trade shall, at the option of said City of Fort idorth, or its assigns, be and
become immediately due and payable, and shall be collectible, together with _e.._..nable
3tterneys' fees end costs Cf collcction, if incurrec, MaIDED, however, wha' acting t'hrcugh
its duly authorized Director of Public Works, the City of Fort Worth retains the right to
authorize , jyment of ,he sums assessed against abutting property upon such completed and
accepted unit in net more than forty-eight equal regular monthly installments of not less
than $9.00 e--ch, the first of such installments to become due and payable not more than 30
days after the completion and cocoptance by the City of thu particuRr unit, PAVIDED , ,. VER,
that the City nVorney is MrAy empowered to authorize apVnents of said sums in lesser
installments anAr ova>r a ranger pericd sf time in cases in nhich ,.he Directcr of Public
Works has previously determined that an extreme financial hardship upon the property owner
will otherwise result; and PROVIDED F-1,T n, that such ,method of pa,-_,ents shall be authorized
only in instances where the owner or owners of property abutting upon such co7pleted and
accepted unit shall have executed and delivered to the City of Fort north a lawful , valid,
and binning note and mechanic's and matorialman's contract upon forms supplied by the City
granting a mechanic's lion u cn and conveying two,, said abutting property in trust to secure
the payment by said owner or owners according to the terms thereof of the sums _sscssed
against such property.
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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-paymcnt aj ad 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
jurisdiction, or as provided in any mechanic's or malorial='s contract as aforesaid, and
said City shall exercise all of its lawful ponors to aid in the enforcement and collection
of said assessments.
'II.
The total amount assessed vainst the respective parcels of nbuttio-:!
proparty, M lie owners thereof, is in accorlance with Ve proceedings of Oc City relating
to said improvemen-ts cad assessments thereof, and is less than the proportion of the cost
allowed and permitted by the l= in force in the City.
VIII.
Although the aforementioned charges have been fixed, levied and assessed in
the respective amounts heroinabove stated, the City Council does hereby reserve unto itself
the right to reduce the aforementioned assessments by allowing croons 0 carti12 property
owners where: (1) curb and/or gutter or paving presently exists, (2) property in
commercially zoned areas is occupied by owner as his residence (this credit to be such that
the maximum cost to the property OvAer per front foot, after allowing such credit, shall
not exceed $5.50 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 crodit, shall not exceed the amount
of the assessment against a residential let which fronts 100 feet on the street tc be
improved).
Notwithstanding the City Council has herein reserved the right to issue
credits as heroinabrve provided, it sA&ll not he required to issue such credits, and will
not do so, if same would result in any inequity and/or unjusl discrimination.
The principal aw=nt of each of the several assess ant certificates to he
issued the City of Fort Worth, Texas, as hereinafter providcd, Vall be fixed and determined
by deducting from the amount of any assesEnont hereinvietave levied such amount or .:mounts,
if any, as may hereafter be allowed by the City Council as a credit against ths raspcctive
assessments.
IX.
For the purpose of evidencing the scvoraj sums assessed against tAO
respective parcels of abUting property and the owners theroof, and the time and terms
of payment, and to aid in the enforcement and collection thereof, assignable certificates
in the principal an-ount cf the respective assessments less the amount of any respective
credit allowed tncrecn, shall. be issued by tAe City of Fort OrM, Texts, up n ccuipletion
and acceptance by the City of the improvements in each unit of improvement as the irrk
in such unit is completed and accepted, which cortifisa.as shall be execnted by the Mayor
in the name of the City and attested by the City Secretary, with the corporate seal of
the City i7pressed thereon, and shall he payable to tIn City of Foot North, or its assigns,
and shall declare the said amounts, time and torms of payment, rate of interot, and tne
date of the completion and acceptance of the improvyients abutting upon such property for
vMcK the certificate is issued, and Vall c,ntaiic the name of: the owner or onnovs, if
known, Qcscri-tin� of the nro7a7lo 07 lot nnd block nimber, of front 00 thar_sv, or
other such description as may otherwise identify the some; and if the said prop arty 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 nano of tno owner, shall
invalidote or in anyalso ikpiir such certificate, or the assessments levied.
-a-
The certificates shall provide substantially that if some 001 not he 7aid
prumptly upon raturity, then they shall he collectable, nith rnascnable attorncys' fees
and costs of collection, if incurred, and shall provide substantially that the aucunU
evidenced tkereby skall be paid to tne Assessor and Collector of Taxes of QO City Of 7LYt
Worth, Texas, who shall issue his receipt therefor, which Val'_ be evidence of suQ palrent
on any demand for the same, and the Assessor and Collector of Rxes shall deposit the suns
so received by him forthwith with the ;it, Treasurer V 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 u7cn such ccrtificata Vall, upon presentation to him of the certificate by the
holder thereof, enders_ id calvent 20 ecn. If sucA certificate to assigned then the,
holder then of shall be entitled to receive frog; the City Treasurer the amount paid upcn
the proson0tion to him of such certificate so endorsed and crViteQ cad sach oqQrsorcnt
and credit shall be tM Treasurer's Warrant for making such payment. Such pa1mchts by the
Treasurer shall he receipted for by the holder of such certificate in writing and by
surrender thereof when the principal, togetber with accrved interest and all costs of
c.11ection and reasonable attorneys' fees, if incurrod, have been no!W 'n full.
Said certificates shall further recite substantially that the proceedings
with reference 0 making the improvements have been regularly had in compliance MA the
lcw, and that all prercqiisiter Q the fixing of the acsossEwnt lion against tho property
described in sucA certificate and the personal liability of the oa-,ner-, thoreof have been
performed, and swch recitals shall be prima facie evidence of all the ratters recited in
such certificates, and nc further proof theyeof shall be required in any court.
Said certificates Aay have coup ns Ktached thereto in evidence of each or
any of the several install 2onts Uerocf, or may have coupons for each of the first four
instclIments, le he rain certificate to serve Or the fifth instaMent, ahich
coupons may be payable to the City of Fort Tort, or its assigns may be signed with the
facsimile signatures of the Major and City Secretary.
Said certificates snail further recite that the City of Fort horth, Texas,
shall exercise all of its lawful powers, Men requested sc 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 cr appropriate thereto; and it shall not be
necessary that the recitals be in the exact form above sot forth, but the substance thereof
sh.11 be sufficient. The fact that such improvements may be crmitted on any portion rf
any of said units adjacent to any promises exempt from the lion of such ossessments shall
not in anywise invalidate, affect or impair the lion of such assessments upon other preoises.
Full power tu make and levy reassess7ents an& t, correct Mkes, errors,
in validities or irrcgulorities, 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 he
named, or may be incorrectly named.
XII.
The assessments so levied ore for the improvements in the particular
unit upon which the property described abuts, and the assessments for the improvements
in any unit are in noulse affected by the improvements or assessments in any other
unit, and in making assessments and in holdfng said hearing, the amounts assessed for
improvements in any one unit have been in ncoise connected with the improvemcits or the
assessments therefor 7n any other unit.
Xiii.
We assessnents levied are vade and levied under and by virtue of the terws,
powers and provisions of an ct passed at the First Called Session of the Fortieth
Legislature of the State of Texas, knovo as Chapter 106 of the Acts of said Session and
now shown as Article 1105b of 0:onon's Toxvs Civ'l Statutes, /,ct has been adopted
as an amendment to and made a part of the Charter of tic City of Fort north, Texas.
XIV.
The City Secretary is hereby directed to engross and enroll Gis ordnance
by copying the caption of same in the Minute Dock of the City Council of Fort lorth, Texas,
and by filing Ve complete Ordinance in the appropriate Ordinance Records of said City.
V.
This ordinance shall take effect and be in full force and effect fron and
after the Wto of its passage and it is so ordained.
PASSED k D 11IRWED this day f 191,
APPR-CVED AS T, F,RM A.;D L&",.-`.LITY:
City Attorney
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