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HomeMy WebLinkAboutOrdinance 2532 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF CURRIE STREET 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 Currie Street in the City of Fort Worth he improved by raising, grading and filling same, constructing concrete curbs and gutters and concrete inlets where adequate curbs, gutters and inlets are not now installed on proper grade and line, and by paving with 7 inches of reinforced concrete pavement, placed thereon on a 2 inch compacted gravel foun- dation course, so as to make the completed improved area 38 feet from face of curb to face of curb, together with incidentals and appurtenances; all of said improvements to be made in accordance with the plans and specifications for such improvements, providing that no part of the cost of making and constructing concrete inlets shall be paid by abutting property and the owners thereof nor shall the cost thereof be taken in consideration in determining the amounts to be assessed against abutting property and the owners thereof; said portions of said street being as follows, to-wit: CURRIE STREET, from the northerly line of Bledsoe Street to the southerly line of West Seventh Street, and WHEREAS, estimates of the cost of the improvements of such portion of Currie Street 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 the owners thereof, 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 12th day of May, 1948, at 9:30 o'clock A. M. in the Council Chamber in the City Hall in the City of Fort Worth, Texas, -1- and at such hearing the following protests and objections were made, to-wit: ,protested that ,protested that ,protested that ,protested that ,protested that 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 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, 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 here- by ogerruled. II. The City Council, from the evidence, finds that the assess- ments herein levied should be made and levied against the respective parcels of property abutting upon said portion of Currie Street, 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 on such portion of street for which such assessments are levied, and establish substantial justice and equality and uniformity -2- between the respective owners of the respective properties, and be- tween 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 pro- perties by means of said improvements on such portion of street upon which the particular property abuts, and for which assessment is levied and charge made, in a stets in excess of the said assessment and charge made against the same by this ordinance, and further finds that the Apportionment of the coat 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 parcels and 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; the descriptions of the respective parcels of property, the several amounts assessed against the same, and the owners thereof, as far as such owners are kno".,being as follows: -3- a 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 pvoportion as its, his or her respective interest bears to the total onmership of such property, and its, his or her respective interest in such property may be released from the assessment lien upon payment of such pro- portionate 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 6 per cent per annum, together with reasonable attorney's 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 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 of the improvements on said portion of street upon which the particular property abuts, and shall bear interest from the date of such completion and acceptance at the rate of 6 per centum per annum: payable annually with each installment, so that upon the completion and acceptance of the improvements assessments against said property 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 assess- ment, or any installment thereof, before maturity, by payment of -4- 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 the said General Construction 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. VI. If default shall be made in the payment of any assessment, collection thereof shall be enforeed either by the sale of the pro- perty by the Assessor and Collector of Taxes of said City as near possible in the manner provided for the sale of property for the non- payment of ad valorem taxes, or, at the option of the 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. VII. 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 General Construction 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. VIII. 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 per- mitted by the law in force in the City. 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 payment, and to aid in the enforce- -5- ment and collection thereof, assignable certificates shall be issued by the City of Fort North upon completion and acceptance by the City of such improvements as the work is completed and accepted, which certificates shall be executed by the Mayor in the name of the City and attested by the City Secretary with the corporation seal, and shall be payable to said General Construction 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 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 unknow, 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, 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 forth- with with the City Treasurer to be kept and held by him in a separate fund, hereby designated as GENERAL CONSTRUCTION COMPANY STREET IMPROVE- MENT 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 certificate, shall be entitled to receive from the City Treasurer the amount paid upon presentation to him of such certificates so en- dorsed and credited; and such endorsement and credit shall be the -6- 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 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 to which the particular certificate relates, have been regularly had in compliance with the law, and that all pre-requisites to the fixing of the assess- ment lien against the property described in such certificate and the personal liability of the owner or owners hhereof 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. 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 General Construction 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 con- tain 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 said street 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. X. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, either in the -7- . t � assessipemts 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, notwith- standing such owners may not be named, or may be incorrectly named. XII. 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 Varnon's Civil Statutes of the State of Texas, Annotated, which Act has been adopted as an amendment to and made a part of the charter of the City of Fort Worth. PASSED AND APPROVED THIS 12th day of May 1948. /a/ 7. 2. Deen Mayor, City of Fort Worth, Texas ATTEST: /a/ 1. S. Birdsong City Secretary. APPROVED AS TO FORM: OrA City Attorney. -8-