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HomeMy WebLinkAboutOrdinance 3217 ORDINANCE NO. 2 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESS- MENTS FOR PART OF THE COST OF IMPROVING A PORTION OF WILSON ROAD IN THE CITY OF FORT WORTH, TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTY ABUTTING THEREON, AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF. WHEREAS, the City of Fort Worth, Texas, has heretofore ordered that the below mentioned and described portion of Wilson Road in the City of Fort Worth, Texas, be improved by raising, grading and filling same and by constructing thereon a 12 inch Hot Mix Asphalt Concrete Surface on a 72 inch Flexible Base, together with combined concrete curbs and gutters where same are not already constructed on proper grade and line, together with incidentals and appurtenances including drains where necessary, all as provided by the Plans and Specifications for such improvements now on file with the City, and contract has been made and entered into with Texas Bitulithic Company for the making and construction of such improvements; said portion of Wilson Road being as follows, to wit: WILSON ROAD, from the easterly line of Jenson Road to the northerly line of Pyron Avenue; and, WHEREAS, estimates of the cost of the improvements of such portion of Wilson Road 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 owners of abutting property, and to all others in anywise interested, and due and 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 7th day of July, A. D., 1954, at D:o o'clock, __4t M., in the Council Char*er in the City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to wit: protested that protested that protested that - 1- 3 r protested that i protested that protested that protested that protested that protested that protested that - 2 - 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 ai-d 1"air opportunity to be heard, and the City Council of the City having fully 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; THEREFORE, 3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: SECTION 1 . Said hearing k1je, and t--ie 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 heresy overruled. SECTION 2. The City Council, from the ev_'der-ce, Finds that the assessments herein levied should be made ai�d levied against the respective parcels of property abutting upon said portion of Wilson Road, aEd 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 s parcels of property L)y mean o_' the improvements for which such assessments are le�,ied, and establish substantial �ustice and equality and uniformity cetween the respective owners of the respective propertles, af.d _e-,,,.ieen all parties concers,ed, considering the benefits received and burdens imposed, and further finds that in each case the property assessed is specially benefited in enhanced value to tie said properties by means of said improvements upon which ttie particular property abuts, and for w1-1c.'i assessment is levied and charge made, in a sum in excess oft-he said assessment and charjFe made against the same by this ordinance, and 2urt'_Ier finds that-, the apportionment of the cost of the improvements is in accordance with the law in l'orce in this City and the proceed- ings of the City heretofore had witli reference to said improvements, and is it all respects valid and regular. SECTION 3. There shall be and is herecy levied and assessed against the parcels of property hereinbelow mentioned, and a-7air.st the real and true owners thereo'L. (whether sucl-, owners .be correctly named herein or the sums of money below mentioned and itemized snown 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, bein-- as follows: SECTION 4. Where more than one person, firm or corporation owns an interest in any property above described, each said person, J firm or corporation shaLl Le personally iia.bie only for its, his or her pro ra.ta of the total assessment against such prop- erty in proportion as its, his or her respective interest bears to the total ownership of such property, and its, his or ',pP.r respective interest in such pro:-ert-Y may be re eases: from the assessmentlien upon payment ofsuc,, proportionate sum. SECTION 5. 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 centum (06%) per annum, together with reasonable attorneys ' fees and costs of collection, if incurred, are hereby declare6 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 named or 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 paramount 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 installments, due respectively on or before twenty (20) days, one (1), two (2), three (3) and four (4) years From the completion and acceptance o' the improvements ana shall bear interest from the date of such completion and accept- ance at the rate of six per centun (60) per annum, payable annually with each instal-Iment, except as to installments maturing in less than one year, which shall be payable at the maturity of the installment so payable, so that upon the complet- ion and acceptance of the improvements assessments against the property upon such completed and accepted portion of Wilson Road 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 ln� tur_es, then the entire amount of the assessment upon which such default is made, shall, at the option of Texas Ritulithic Company, 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. SECTION 6. If default shall be made in the payment of any assess- ment, 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 ad valorem taxes, or, at the option of said Contractor, or its assigns, payment of said sums shall be enforced by suit in any court of competent jurisdiction, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. 4 SECTION 7. The City of Fort Worth shall not in any manner be liable for payment of the sums hereby assessed against any property or the owners thereof, but the said Texas Bitulithic Company, or its assigns, shall look solely to such property and the owners thereof for the payment of such assessments, but the City of Fort Worth shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and sums and personal obligations. SECTION 8. 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 therefor, and is less than the proportion of the cost allowed and permitted by the law in force in the City. SECTION 9. 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 certif- icates shall be issued by the City of Fort Worth upon completion and acceptance by the City of the improvements, which certif- icates shall be executed by the Mayor in the name of the City and attested by the City Secretary, who shall impress the corporate seal of the City thereon, and shall be payable to Texas Bitulithic Company, or its assigns, and shall declare the said amounts, time and terms 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, description of the property by lot and block number, or front feet thereof, or such other description a.s 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, or if the name of the owner be unknown, then to so state will 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 may 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 received by him forthwith with the City Treasurer to be kept and held by him in a. separate fund, hereby designated as TEXAS BITULITHIC COMPANY STREET IMPROVEMENT FUND, and when any payment shall be made to the Assessor and Collector of Tares upon such certificate he shall, upon presentation to him of the certificate by the Contractor, or other holder thereof, endorse said payment thereon, and the Con- tractor, or other holder of such certificate, shall be entitled to receive from the City Treasurer the amount paid zpon 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 .)y the holder of such certificate in writing and by -- 5 - surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorneys ' fees, if incurred, have been paid in full . Said certificates shall further recite substantially that the proceedings 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 owner or owners thereof have been performed, and such recitals shall be prima facie evidence of all the matters recited in such certificate, and no further proof thereof shall be required in any court. The 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 either to Texas Bitulithic Company, or its assigns, or to the bearer, and may be signed with the facsimile signatures of the Mayor and City Secretary. Said certificates shall further recite that the City of Fort Worth shall exercise all of its lawful powers, when requested 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 appropr'ate 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 Wilson Road adjacent to any premises exempt from, the lien of such assessment, shall not in anywise invalidate, affect or impair the lien of such assessments upon other premises. SECTION 10. 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. SECTION il . All assessments levied are a. personal liability and charge against the rea.1 and true owners of the premises des- cribed, notwithstanding such owners may not be named, or may be incorrectly named. SECTION 12. 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 SECTION 13. This ordinance shall take effect from and after its passage. APPROVED AS TO F M: — �111 - CITY-Attorney_ ORDINANCE .sue f No. Title y �' r } , Adopted Filed > Day of 19 f Cite Secretar; - ' r P.O.No.0 i 13-T