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.
PASSED AND APPROVED, this t:he-)-2"day of�`'^"'`' 19-�Q.
ATTEST: MAYOR, CITY OF FORT WORTH, TEXAS
CITY SECRETARY APPROVED AS TO FORM: 9.1
CITY ATTORNEY
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