HomeMy WebLinkAboutOrdinance 3326 . I
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ORDINANCE NO. "
AN ORDINANCE? CLOSING HEARING AND LEVYING ASSESS-
MENTS FOR PAR" OF THE COST OF IT"PROVING A PORTION
013' MONTCLAIR DRIVE 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 OE ASSIGNAL'LE CERTIFICATES IN
�TTDENCC TI _E2_EOF.
WHEREAS, the City of Fort Worth, Texas, has heretofore
ordered that the below mentioned and described portion of
Montclair Drive in the City of Fort Worth, Texas, be improved
by raising, grading and filling same and by constructing thereon
a. 4 inch compacted flexible base course and further constructing
thereon a i inch Hot Mix Asphaltic Concrete Surface on a 2
inch Hot Mix Asphaltic Concrete Base, together with combined
concrete curbs and. gutters whe_^e same are not already con-
structed on proper p;ra.de 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 ci such improvements; said portion of Montclair
Drive being%,, as follows, to wit:
MONTCLAIR DRI,�E, from the southerly line of Normandy
Road to the northerly line of Mead-owbrcok Drive;
and,
WHEREAS, estimates of the cost of the improvements of
such portion of Montclair Drive 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 o ' a.butting
property, a.nd 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 wa.s had and held at the time and
place fixed therefor,to ::it, on the 3Q lge dad~ of _/,
A. D., 1955, at 0� o`clock,, M., in t 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:
protested that
protested that
protested that
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protested that
protested that
protested that
protested that
----protested that
protested. t'nat
2
and said hearing was continued to the present time in order to
more fully accomplish the purposes thereof, and ail 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 that the said hearing- should
be closed and assessments should be made and levied as herein
ordered; THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
SECTION 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.
SECTION 2.
The City Council, from the evidence, finds that the
assessments herein levied should be made and levied against
the respective parcels of property abutting upon said portion
of Montclair Drive, and 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 parcels of property by means of the improvements
for which such assessments are levied, and establish
substantial justice and equality and uniformity between the
respective owners of the respective properties, and between
all parties concerned, considering the benefits received
and burdens imposed, and further finds that in each case the
property assessed is specially benefited in enhanced value
to the said properties by means of said improvements upon
which the particular property abuts, and for which assess-
ment is levied and charge made, in a sum in excess of the
said assessment and charge 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 hereto-
fore had with reference to said improvements, and is in all
respects valid and regular.
SECTION 3.
There shall be and is hereby levied and assessed
against the parcels of property hereinbelow mentioned, and
against the real and true owners thereof (whether such owners
be correctly named herein or not), the sums of money below
mentioned and itemized shown opposite the description of the
respective parcels of property, and the several amounts
lassessed against the same, and the owners thereof, a,s fa.r
as such owners are known, being as follows:
SECTION 4.
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 lia.ble only for its,
his or her pro rata 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, a.nd its, his or her
respective interest in such property ma.y be released from the
assessment lien upon payment of such 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 (60) per a.nnum,
together with reasonable attorneys ' 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 a.re 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 enforce-
able lien and claim against the property on which such assess-
ments 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 a.butting property and
the owners thereof shall be and become due and payable as
follows, to wit: in five (5) equal installments, due res-
pectively on or before twenty (20) days, one (1), two (2),
three (3) and four (4) years from the date of completion and
acceptance of the improvements and shall bear interest from
the date of such completion and acceptance at the rate of
six per centum (6%) per annum, payable annually with each
installment, 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 completion and
acceptance of the improvements assessments against the property
upon such completed and accepted portion of Montclair Drive
shall be and become due a.nd 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 a.ssessment, 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 opt'_on of Texas
Bitulithic 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.
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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 certificates 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 certif-
icate 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 as
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 certif-
icate, 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 Taxes 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 Contractor, or other holder of such certif-
icate, shall be entitled to receive from the City Treasurer
the amount paid upon 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 by the holder
of such certificate in writing and by surrender thereof when
the principal, together with accrued interest and all costa of
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i 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
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 Montclair Drive
adjacent to any premises exempt from the lien of such assess-
ment, 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 11.
All assessments levied are a personal liability and
charge against the real 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 FORM:
My Attorney.
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ORDINANCE
No. 3 3 a
Title
f
Adopted �12�z a_ chime 0 a` ;
,/
Filed Day of ��° ✓ ' "
19
City Secretary
P.O.No.9713•T