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HomeMy WebLinkAboutOrdinance 4253 ORDINANCE NO. AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SEMINARY DRIVE FROM HEMPHILL STREET TO NORTH-SOUTH FREEWAY IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LIMITS HEREINBELOW DERNED, AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROVEMENT OF SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED INVALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS, PROPOSED TO BE AND AS ASSESSED AGAINST SAID PROPERTIES, AND REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES, AND REAL AND TRUE OWNERS THEREOF; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK$ THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES, AND PROVIDING THAT THIS ORDINANCE SHALL TARE EFFECT UPON ITS PASSAGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. The City Council of the City of Fort Worth, Texas, hereby finds and determines: (a) That the City Council of the City of Fort Worth, Texas, has heretofore by ordinance duI enacted on the Zff"day of pV MB A. D. L9iodetermined the necessity for, and ordered the improvements of portions of Seminary Drive within the limits herein- after defined, in the City of Fort Worth, Texas, in the manner and according to the plans and specifications therefor, which plans and specifications have been heretofore approved and adopted by said City Council, said street and the portions thereof to ordered improved being as follows, to-wit: Seminary Drive from Hemphill Street to North-South Freeway in the City of Fort Worth, Texas. 1. (b) That notice duly enacted in the name of the City of Fort Worth, Texas, of the enactment of said above described ordinance has heretofore been filed with the County Clerk of Tarrant Cuun ty, Texas, in which said City is situated, on the �fday of Ste_, A. D. 19M and duly recorded in Volume /=, Page a 2 , of the Mortgage Records of Tarrant County, Texas. (c) That after advertising for bids for the construction of said improvements in the manner and for the length of time as required by law and the Charter of the City of Fort Worth, the lowest secure bid of Worth Construction Company, a Corporation, was accepted and contract duly awarded to said Worth Construction Company for the construction of said improvements by ordinance duly enacted on the 24_''day of JZW. , A. D. 19.a, which contract is dated the &3r day of A. D. 19;5 ; and (d) That the City Council of said City has caused the Director of Public Works to prepare and file estimates of the costs of such improvements on the portions of said street to be improved and estimates of the amounts per front foot proposed to be assessed against the property abutting upon said street within the limits above defined, and the real and true owners thereof, and said Director of Public Works has heretofore filed said estimates and a statement of other matters relating thereto, with said City Council and same has been received, examined and approved by said City Council. (a) That said City Council, by ordinance duly enacted, dated the 4�= day of , A. D. 191,, did determUm the necessity of levying an assessment for that portion of the cost of constructing said improvements on said street within the limits above defined, to be paid by the properties abutting thereof, and the real and true owners thereof, and did order�a��d,,set a hearing to be held at o'clock, A. M. in the Council Chamber of the City Hall of the City of Fort Worth, Texas, for the real and true property owners of the properties abutting upon said street within said limits defdfied, and for all others owning or claiming any interest in, or otherwise interested in said properties, or said matters as to the assessments and amounts proposed to be assessed against each parcel of said abutting property, and the real and true owners thereof and as to the real and special benefits to accrue to said abutting properties and the real and true owners thereof by virtue of said improvements, if any, or concerning any error, invalidity, irregularity or deficiency in any proceeding or contract concerning same, to appear and be heard in person or by counsel and offer evidence in reference to said matters; and said City Council did by ordinance, order and direct that the City Secretary of said City give notice of said hearing as required by the laws of the State of Texas, to-wit: Chapter 106 of the Acts of the Fortieth Legislature of the State of Texas, known as Article 1105-b of Vernon's Annotated Civil Statutes of Texas, as adopted by Section 17 of Article XXIII of the Charter of said City, said notice to be by a publication in some 2_ newspaper of general circulation in the City of Fort Worth, Texas, said notice to be published in said newspaper at least three times prior to the date of said hearing, the first publication of which is to be at least ten days prior thereto. (f) That said notice as ordered and directed by said City Council and as required by said Acts above mentioned, was duly given by publication of same in 1/1/aerrg a sh , a newspaper of general circulation publ shed in the City of Fort Worth, Texas, on A. D. 19_jkg, .4'e c"4 '_9 A. D. 19�,0, and RPGf.+ /O , A. D. 19,j_. (g) That after due, regular and proper notice thereof all as provided by said Acts, above mentioned, said hearing of which notice was so given was opened and held on the day of , A. D. 19 ' at o clock, i�i. , in the Council Chamber of the City Hall of the City of Fort North, Texas, in accordance with said ordinance and notice, at which time an opportunity was given to all of said abniro mentioned parties and agents and attorneys, to be heard and to offer evidence as to all matters in accordance with said ordinances and notice, at which time the following appeared and testified as follows: and in response to questions by the City Attorney, each stated that he was a resident of the City of Fort Worth, Tarrant County, Texas, and said was engaged in the real estate business and said was City Land Agent; that he was familiar with real estate and its valuesin said City, and in particular with the properties and values thereof abutting upon Seminary Drive within the bounds above stated in said City to be improved under these proceedings; that in his opinion, if said street is improved in the manner proposed by the City under these proceedings, that each and every parcel of property abutting upon said Street to be improved will be specially benefited in enhancement in value as a result of the construction of said improvements; and that in his opinion the amount of such special benefits which will accrue to each parcel of the property abutting upon said street as a result of said improvements will be in an amount in each case, in excess of per front foot. appeared and protested that: 3. appeared and protested that: appeared and protested that: appeared and protested that: appeared and protested that: appeared and protested that: appeared and protested that: appeared and protested that: appeared and protested that: appeared and protested that: No further persons or parties appearing and desiring to be heard or offer testimony, upon motion of Councilman seconded by Councilman and duly carried, said hearing was declared closed. (h) That at none of said hearing were any objections, protests or testimony offered as to any of the proceedings in reference thereto except as hereinabove set out; and said City Council has heard evidence as to the special benefits in enhanced value to accrue to said abutting properties, and the real and true owners thereof, as compared with the portion of the costs of construction said improvements proposed to be assessed against said properties, and has heard all parties appearing and offering testimony, together with all protests and objections relative to such matters and as to any errors, invalidities or irregularities in any of the proceedings and contract for said improvements, and has given a full and fair hearing to all parties making or desiring to make any such protests, objections or to offer testimony, and has fully examined and considered all of said evidence, matters, testimony and objections offered, and based upon same, said City Council finds upon said evidence that each and every parcel of property improved as herein defined, will be enhanced in value and specially benefited by the construction of said improvements in an amount in excess of the amount of the cost of said improvements proposed to be, and hereinbelow assessed against each of said parcels of property abutting upon said street, to be improved, and the real and true owners thereof; and said City Council did consider and correct all errors, invalidities, or deficiencies called to its attention, and did find that all proceedings and contracts were proper and in accordance with the laws under which same are being had and the proceedings of said City Council thereto had with reference to such improvements and that all of same are in all respects valid evidence that the assessments hereinbelow made and the chargeshereby declared against said abutting properties and the real and true owners thereof are just and equitable and did adopt the rule of apportionment set forth below herein and the division of the costs of said improvements between said abutting properties, and the real and true owners thereof, as being just and equitable and as producing a substantial equality considering the benefits to be received and the burdens imposed thereby, and that all objections and protests should be overruled and denied. 5. SECTION II. That there being no further protests or testimony for or against or in reference to said iuproven"ta, benefits or proceedings, said hearing granted to the real and true owners of properties abutting upon said street, within the limits herein defined, and to all persons, firms, corporations, and estates, owning or claiming same or any interest therein, be, and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION III. The City Council hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon said street, within the limits herein defined, that the special benefits in the enhanced value to accrue to said property, and the real and true owners thereof, by virtue of the construction of said improvements in said portions of said street, will be in excess of the amount of the costs of said improvements proposed to be, and as herein assessed against said abutting properties, and the real and true owners thereof, and finds that the apportionment of the costs of said improvements, and that the assessments here- inbelew mdde, are just and equitable and produce substantial equality, considering the benefits received and the burdens imposed thereby, are in accordance with the laws of the State of Texas, and the Charter of said City#; and that all proceedings and contracts heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as hereinafter described, and the personal liability of the real 6. and true owners thereof, whether named or correct&# named herein or not, have been in all things regularly had and performed in compliance with the law, and the proceedings of said City Council. SECTION IV. That in pussuance of said ordinance duly enacted by said City Council authorizing and ordering the improvement of said above described strict, within the Limits hereinabove named and defined, and in pursuance of said proceedings heretofore had and-enacted by said City Council in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas, with particular reference to Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, known and shown as Article 1103-b of Vernon's Annotated Civil Statutes of Texas, as amended and as adopted by Section 17, Article XXIII, of the Charter of said City, there shall be, and is hereby levied, assessed and taxed against the respective parcels of property abutting upon said street, as hereinbelow described, and against the real and true owners thereof, whether such real and true owners be named or correctly named, or said properties, be correctly described herein or not, the several sums of money hereinbelow mentioned and itemized opposite the description of the respective parcels of said property, all as corrected and adjusted by said City Council, being as follows, to-wit: 7. SECTION V. That the several sums mentioned above in Section IV hereof, assessed against said parcels of abutting property and the real and true owners thereof, whether said owners be named or correctly named or said properties be correctly described herein or not, together with interest thereon at the rate of six (6%) per cent per annum and with reasonable attorney;s fees and ail costs and expense of collectionk if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property against which same are assessed and taxed from and after the date said improvements were ordered by said City Council, and a personal liability and charge against the real and true owner or owners thereof, whether or not such owner or owners be named or correctly named herein, and said liens are and shall be paramount and superior to all other liens, claims, or titles except for lawful and valorem taxes; and that the sums so assessed and taxed shall be payable as follows,to-wit: in five (5) equal annual installments, the first of which will be payable on or before twenty days after the completion and acceptance of said improvements by said City Council, and the four (4) remaining installments to be due and payable respectively one (1), two (2) , three (3) and four (4) years from and after said date of completion and acceptance of said improvements by said City Council, deferred payments to bear interest from such date at the rate of six (6%) per cent per annum, payable annually, pastdue installments of principal and interest to bear interest at the same rate per annum until 1 paid; however, any owner of such property shall hove the right to pay off the entire amount of any such assessment, or any installment thereof, before maturity by a. OHM Imp!AW paying principal and accrued interest to date of said payment, and provided, further that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment or tax, upon which default is made, shall, at the option of the said Worth Construction Company, or its assigns, be, and become immediately due and payable and shall be collectible, together with reasonable attorney's fees and all costs and expenses of collection, if incurred. SECTION VI. That the City of Fort Worth, Texas, shall not in any manner be liable for the payment of an* sums hereby validly assessed against any abutting property and the real and true owner or owners thereof, but Worth Construction Company shall look solely to such property and the real and true owner or owners thereof, for payment of any sums validly assessed against said respective parcels of property, but said City shall be obligated to furnish Borth Construction Company valid assessments and assessment certificates and shall exercise all of Us lawful powers to aid in the enforcement and collection of said liens and assessments; and if default shall be made in the payment of any of said sums herein assessed or taxed against the said parcels of property, and the real and true owner or owners therof, collection thereof shall be enforced at option of said Worth Construction Company, or its assigns, either by suit in any court having jurisdiction or by sale of property assessed as nearly as possible in the manner as may be provided by law in force in said City for the sale of property for the collection of ad valorem taxes. SECTION VIII. That for the purpose of evidencing said assessments, special taxes, the liens securing same and the several sums assessedegainst the said parcels of property, and the real and true owner or owners 9. thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Fort Worth, Texas, to north Construction Company, upon completion and acceptance of said improvements in said street, which certificates shall be executed by the Mayor in the name of the City, attested by the City Secretary with City's corporate seal, and which shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and the accpptance of the improvements for which the certificates are issued, and shall cant*in the name of the apparent true owner or owners as accurately as possible, and the description of the property assessed by lot and block number of front foot thereof, or such other description as may otherwise identify the same, and if the said property shall be owned by an estate or fim, then to so state the fact shall be sufficient, and no error or *istake in describing any such property or in giving the name of any owner or owners, or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. That the said certificate shall further provide substantially that if default shall be made in the payment of an installment of principal or interest when due, then at the option of Worth Construction Companyor its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall be at once due and payable and shall be collectible with reasonable attemey's fees and all expenses and costs of collection, if incurred, and said certificate Mail set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or corfectly named therein or not, and the lien upon such property, andthat said 10. lien is first and paramount thereon superior to all other liens, titles and charges except for lawful ad valorem takes, from and after the date said improvements were ordered by said City Council, and shall provide in iffect that if default shall be made in the payment thereof, the same may be enforced, at the option of Worth Construction Company, or its assigns, either by the sale of the property therein described in the manner provided forhhe collection of ad valmvem taxes as above recited or by suit in any court having jurisdiction. That said certificate shall further recite in effect that all the proceedings with reference to making said improvements have been regularly and had in compliance with the law in force in said City and proceedings of the City Council of said City, and that all pre- requisites to the fixing of the assessment lion against the property and the personal liability of the real and true owner or owners thereof evidenced by such certificates, have been regularly done and performed which recitals shall be evidence of all the matters and facts so recited and no further proof thereof shall be required in any court. That the said certificates may have coupons attached thereto in evidence of each of any of the several installments thereof, which may be signed with the facsimile signatures of the Mayor and City Secretary. That said certificate shall further provide in effect that the City of Dort Worth, Texas, shall exercise all of its lawful powers when requested to so do by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact fore as above set forth, but the substance and effect thereof shall suffice. 11. SECTION YXI That all assessments levied are, and shall be, a personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued and such mistake, error, invalidity or irregularity whether in such assessment or in the certificate issued in evidence thereof, may be, bht is not required to be, in order to be enforceable, corrected at any time by the City Council of the City of Fort Worth, Texas. That the total amounts assessed against the respective parcels of property abutting upon said street within the limits herein defined, and the real and true owner or owners thereof, are the same or less than, the estimated of said assessments and charges prepared by the Director of Public Works and approved and adopted by the City Council and are in accordance with the proceedings of said City Council relative to said #mprovements and assessments therefor, and with the terms, powers and provisions of raid Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, known as Article 110E-b of Vernon's Annotated Civil Statutes of Texas ad adopted by Section 17, Article XXIII, of the Charter of said City, under which terms, provisions and powers and said proceedings, said improvements and assessments were had and made by said City Council. SECTION X. This ordinance shall take effect and be infull force from and after its passage. 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