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HomeMy WebLinkAboutOrdinance 3435 ORDINANCE NO. JUJ AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING PORTIONS OF TER- RELL AVENUE, NORTHWEST TWENTY FOURTH STREET, AND SEKINARY 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 OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF. WHEREAS, The City of Fort Worth, Texas, has heretofore ordered that the below mentioned and described portions of TERRELL AVENUE, NORTHWEST TWENTY FOURTH STREET, AND SEMINARY DRIVE, in the City of Fort Worth, Texas, be improved by raising, grading and filling same and by constructing thereon 7J inch compacted flexible base course and further constructing thereon a 1J inch Hot Mix Asphaltic Concrete Surface, 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 improve- ments now on file with the City, and contract has been made and entered into with G.MRAL CONSTRUCTION COMPANY, for the making and construction of such improvements; said portions of TERRELL AVENUE, NORTHWEST TWIENTY FOURTH STREET, AND SEMINARY DRIVE, being as follows, to-wit: TERRELL AVENUE, from the westerly line of MISSOURI AVENUE, to the easterly line of the NORTH SOUTH FREEWAY, known and designated as UNIT NO. 2. NORTHWEST TWENTY FOURTH STREET, from the northwesterly line of ROBINSON STREET, to the southeasterly linetof TITUS STREET, known and designated as UNIT N0. 3. SEMINARY DRIVE, from the easterly line of TRAVIS AVENUE, to the westerly line of HEYPHILL STREET, known and designated as UNIT 10. b. WHEREAS, estimates of the cost of the improvements of such portions of TERRELL AVENUE, NORTHWEST VW,TXNTY FOURTH STREET, AND SEMINARY DRIVE, were prepared and filed and approved and adopted by the City Council of said 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 22nd day of February, A. D., 1956, at 10:00 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: protested that -jrotasted that retested that -1� Protested that Protested that Protested that Protested that Pretested that Pretested that and said bearing 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 NORTH, TEXAS, THAT: SECTION 1. 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 portions of TERML AVENUE, NORTHWEST TWENTY FOURTH STREET and SEMINARY DRIVE, and against the owners of such property and that such assessments and charges are right and proper and are substan— tially 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 ease 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 assessment is levied and ehaPge 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 heretofore 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 assessed against the same, and the owners thereof, as far as such owners are known, being as follows: 3- 1 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 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 ownership of such property, and its, his or her respective interest in such property may be released from the assessment lien upon pay- ment of such proportionate sums. 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 (6%) per annum, 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 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 enforce- able 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 and shall bear interest from the date of such completion and acceptance at the rate of six per eentum (6%) per annum, payable annually with each installment, except as to installments maturing in lees than one year, which shall be payable at the maturity of the installment so payable, so that upon completion and acceptance of the improvements assessments against the property upon such completed and accepted portions of TERRELL AVENUE, NORTHWEST TWENTY FOURTH STREET, AND SEMINARY DRIVE, 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 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. SECTION 6. 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-payment of ad valorem taxes, or, at the option of said Contractbr, 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. SECTION 9 The City of Fort Worth shall not in any manner be liable for pay- ment 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. SECTION 8. The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in accordance with the pro- ceedings 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 with the City. SECTION 9. For the purpose of evidencing the several sums assessed against the respedtive 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 certificates shall be issued by the City of fort North 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 GENERAL CONSTMJCTION 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 certificates is issued, and shall contain the name of the owner or owners, if know, description of the property by lot and block num- ber, or front feet thereof, or such other description as may otherwise identify the dame; and if 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 certificates, 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 provided substantially that the amounts evidenced thereby may be paid to the Assessor and Collector of Taxes of the City of Fort North, 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 GENERAL CONSTFUCTION COMPANY STREET IMPROVEMENT FtJRD, and when any payment shall be made to the Assessor and Collector of Taxes upon such certificates 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 endorsed and credited; and such endorsement and credit shall be the Treasurer's Tarrant for making such payment. Such payments by the Treasurer shall be receipted for by the holder of such certificates in writing and by surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorneyst 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 certificates 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 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 eaeh 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 asigns, or to the bearer, and may be signed with the facsimile signatures of the Mayor and City Secretary. -5- 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 amy portions of TERRELL AVENUE, NORTHWEST TWENTY FOURTH STRz'E!', and SE14INARY DRIVE, adjacent to any premises exempt from the lien of such assessment, shall not in anywise invalidate, affect or impair the lien of sudh assessments upon other promises. 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 described, 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 for the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and now shown as Article 110$b 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. SECTION 13. This ordinance shall take effect from and after its passage. APPROVITi AS TO FORM: -3, -�W� -6- ra, Co X* Thelln ..-,naoto- of Pubuc 10*8 lhti l.dirng Dear .31r1 Ths City Ca=LU in *maim Fabrmkry 2 : 19010 adopted Urdirmos �49 3435,p MUMOoV hearing MA lv-Pf w ilsw.;J ii nt On raping Of the Ter1' U $tr *,p ft%w Ussoul l Avon* to the :r'OAWi :5oina y Dftvvs from T',-avla �verrm 60 kills w. °!. 24th 9tfo to from -xbinsor A4 to TUND Ste Tl a boarind on the P&vW of hntwr 3UV*t, fr w Crald 3t. to ter Street was oantl=nd toe -L �arind not to axe*" taus` weeks. Yours trulys ClrY -LACZ0TAuY Ga Are J. eo jmom fit'# � r - 1 cwt ELuwrt /�r c .f