HomeMy WebLinkAboutOrdinance 4617 t
ORDINANCE NO.� OFFICIAL RECORD
CITY SECRETARY
AN ORDINANCE CLOSING HERRING AND LEVYING ASSESSMENT FOR FT. WORTH, TEX.
PART OF THE COST OF IMPROVING A PORTION OF MILLER
AVENUE-OAKLAND BOULEVARD, 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; PRO-
VIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF;
RESERVING UNTO THE CITY COUNCIL THE RIGHT TO AILOW CREDITS
REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE
EXTENT OF ANY CREDIT GRANTED: DIRECTING THE CITY SECRE-
TARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE
CAPTION OF SAME 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 con-
structing thereon a 7" reinforced concrete pavement, 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 Worth Construction Company for the making and construction of such im-
provements; said portion of streets, avenues and public places being as follows, to-wit:
1. Miller Avenue,-Oakland Blvd. From Hawlet Street to Kenwood
Court, known and designated
as Unit No. 1.
WHEREAS, estimates of the cost of the improvements of 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 and place fixed therefor, to-wit, on the 30th day of
April, 1962, at 9:30 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:
yrotested that
.protested that
Drotested that
protested that
-erotested that
.protested that
-1-
Protested that
Protested that
yrotested that
protected 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 fully considered all proper matters, is of
the opinion tchat 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,
TEXAS, THAT:
I.
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.
Iz.
The City Council, from the evidence, finds that the assessments
herein levied should be made and levied against the respective parcels of property abutt-
ing 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 sub-
stantially 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 sub-
stantial justice and equality and uniformity between the respective owners of the respec-
tive properties, and between 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 improve-
ments 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 charges 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 par-
cels 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 owners thereof, as far as such owners are know, 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 only for its, his or her pro rata of the total assessment against such property
in proportion 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
(6%) per cent per annum, together with reasonable attorneyts 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 the property on which such assessments are levied, and shall be a first and para-
mount 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 in-
stallments, 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 uPit, 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,
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 Worth, or its assigns, be and become immediately due and payable, and shall
be collectible, together with reasonable attorneyts fees and costs of collection, if in-
curred, 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 same assessed
against abutting property upon such completed and accepted unit in not more than forty-
eight (48) 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 ai'ter 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
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 material.man's contract upon forms supplied by the
City granting a mechanic's 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, collec-
tion 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 tax'es,,, 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 materialmants contract
as aforesiad, and said City shall exercise all of its lawful powers to aid in the en-
forcement 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
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: (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 owner per front foot, shall be one-half the assessed rate per front foot.)
Notwithstanding the City Council has herein reserved the right to issue
credits as hereinabove provided, it shall not bra 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 deter-
mined 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 pay-
ment, 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 credit 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 shall be executed by the mayor in the name of the City and
att@Ated 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 said amounts,
time and terms of payment, rate of interest, and the date of the completion and acceptance of
the improvements abutting upon such property for which the certificate is issued, and shall
contain name of the owner or owners, if known, description of the property by lot and block
number, or front feet thereon, or other such description as may otherwise identify the same; an
if the said property shall be owned by an estate, then the description of same as so owned shal
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 assessments levied.
The certificates shall provide substantially that if same shall not be
paid promptly upon maturity, then they shall be collectable, with reasonable attorneyfs fees
and costs of collection, if incurred, and shall provide substantially that the amounts eviden-
ced 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 entitle
to receive from the City Treasurer the amount paid upon the presentation to him of such certifs
cate 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 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 attorneyfs fees, if incurred, have been
paid in full.
Said certificates shall further recite substantially that the proceeding:
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 property 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.
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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 requested so to do, to aid in the enforce-
ment 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 of any of
said units adjacent to any premises exempt from the lien of such assessments shall not in any-
wise 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 improvements or the assessments therefor in any other
unit.
XIII.
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
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.
XIV.
The City Secretary is hereby directed to engross and enroll this ordi-
nance 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 apepropriate 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 APPROVED this 30 day of_ 19
APPROVED
AS/ TO FORM AND LEGALITY:
City Attorney
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CITY OF FORT WORTH !
TEXAS
OFFICE Or THE CITY MANAGER Communication to Mayor and Council No. PW-990
April 307 1962
Honorable Mayor and Re: Benefit Hearing
Members of the City Council Miller Ave. - Oakland Blvd.
City of Fort Worth Project No. 94-B3-2 CIP-A-23
Mrs. McKnight & Gentlemen:
Administrative Hearings have been held: OFFICIAL RECORD
Date -- Location -- ,
Date Location Date Location CITY SECRETARY
Benefit Hearing scheduled for April 309 1962 FT. WORTH, TEX.
The project consists of the unit named below
Unit Street Name j,imits
1 Miller Ave. - Oakland Blvd. Hawlet to Kenwood Court
An Administrative Hearing was not held as there are only six owners to be
assessed and were contacted personally. A summary of the results are attached
with distribution of cost and other pertinent data. An outside appraisal is
being obtained on one parcel of property and if the appraisal justifiesq a
credit will be granted upon the approval of the Council.
Res cf y su mitted,
L. P. Cookingh
City Manager
JnOF FORT WO�THIS
�M &C-C-
7THE �%AtT
MATTER OSEN�F� T3 OT,E�CITY COUNCIL
PR - ,
AND WAS ❑ APPROVED
.A/J.
r!!gcity-Secxe^a_'_',