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HomeMy WebLinkAboutOrdinance 2654 ORDINANCE NO. LOtS� ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BALLINGER AND COLLIER STREETS IN THE CITY OF FORT WORTH, TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTY ABBUTING THEREON, AND AGAINST THE OWNERS THEREOF, PRO- VIDING 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 Ballinger and Collier Streets in the City of Fort Worth be improved by raising, grading and filling same, con- structing 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 seven (7) inches of reinforced concrete pavement, placed there on a two (2) inch compacted gravel foundation course, so as to make the completed improved area on Ballinger Street forty (/+0) feet and on Collier Street thirty (30) 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 specifi- cations for such improvements trotidtn#ot ist•=rpdvb-.efl,-thb 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 streets being as follows, to-wit: BALLINGER STREET, from the South Line of West Seventh Street to the North Line of West Tenth Street. COLLIER STREET, from the South Line of West Seventh Street to the North Line of West Tenth Street, and SEAS, estimates of the cost of the improvements of such portion of Ballinger and Collier Streets 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 9th day of March, 1949, at 9:30 otclock A. M. in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at -1- 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 ac- complish 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 con- sidered 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 ORDAIM 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, whither herein enumerated or not, be and the same are hereby overruled. II. The City Council, from the evidence, finds that the assessments herein levied should be made and levied against the respective parcels of pro- perty abutting upon said portion of Ballinger and Collier Streets, 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 streets 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 partite concerned, considering the benefits received and burdens im- posed, 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 on such portion of streets upon which the particular property abuts, and for which -2- assessment is levied and char;e.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. 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 known being as follows: i -3- UIN £ F H g O 14 m§ § \� K / � ' 2 o k § � 2 § § § § 2 2 � § � q \ / \ k oil2 / § @ � � § IH q x « / k � 40 9 g 2 q 4$ 4 42 _ q § §® k q S R■ � k C-P E � � 04 0 § d ■� o% $ J § �I w # ° m E} ■ § b k q ® 0pq a. & / K k % 2 loo / % k 3 / %2 f . § o . c . m § . \ G f\ § § _ . ■ p ' R $ . § § b o E- / / 110 co § \ o E G 3 \ � / \ \ \ / § \ \ h § \ \ R / F4 \ \ \ . @ \ P. / § 2 M H Q [ / ) \ § ) % g g \ \ / / . � 8 G . a O U W Ci E+ w� to m UN w w co U o E+ WN H ze E H to � O EO x a o �� ON u; E o �o amo a �n o� q o � a w � m dm a4 `n ti+,� ti+,� ►� Fmi m m o 0 c� ~ NOpp CVN W 1a A W �a �a 43- -42 a in m O CV m 4+ O a o 0U A 's x �0 Fz. E-+ m EH U a' m C7ca O a mm oam 8 q CN � 1 \ \ k k & ® k . . . . 9 ' � \ § 2 ' b . \ / § co / \ \ 00 . r-I . / § § § m 8 § / Pi 2 m o § Q ® b - \ cc / ^ / /E %� m q R 2 ' \ \ / § g ^ \ \ § � / m o % P� 2 § 2 § § j m 4 § 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 rats 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 bay be released from the assessment lien upon payment of such proportionate 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 air (6) per cent per annum, together with reasonable attorneys fees and costs of collection, if incurred, are hereby declared to be and are madd 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, to4wit: 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 six (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 wnd with in- terest from the date of such completion and acceptance. Provided, however, that aqy 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 or 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 -4- 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. 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 possible in the manner pro- vided 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 en- forced 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 assess- ments. VII. The City of Fort North shall not in any manner be liable for pay- ment of the sums hereby assessed against amy 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 enforce- ment 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 permitted 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 enforcement and collection thereof, assignable certificates shall be issued by the City of Fort Worth upon completion and accept- ance 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 corporktion seal, and shall be payable to said GENERAL CONSTRUCTION COMPANY, of its assigns, and shall declare the said amounts, time and terms of payment, rate of interest, and the date of completion -5- 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 unknown, then to so state will be sufficient, and no error or mistake in describing any property, or in giving the name of the owners, 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 matuirty, then they shall be collectible with reason- able attorneys' fees and costs of collection, if incurred, and shall provide substantially that the amounts evidenced thereby may be paid to the Assesor and Collector of Taxes of the City of Fort Worth, who shall issue his receipt there- for, which shall be evidence of such patent on any demand for the same, and the Assessor and Collector of Taxes shall deposit the sums so received by him forth- with *ith the City Treasurer to be kept and held by him in a separate fund, hszreby daignated as GENERAL CONSTRUCTION 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 Con- tractor, or other holder thereof, endorse said payment thereon, and the Contractor or other holder of such certificate, shall be entitled to receiie from the City Treasurer the amount paid upon presentation to him of much certificates so en- dorsed and credited; and such endorsement and cr4dit shall be the Treasurer's Warrant for making such payment. Such payments by the Treasurer shall be re- eeipted 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 attorneyst:-fees, if incurred, have been paid in full. Said certificates shall further recite substantially tha6 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 assessment lien against the pro- perty 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 certificates, and no further proof -6- thereof shall be required in any court. The said certificates may-have coupons attached thereto in evidence of each or any of the several ihstallments 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 assigus. or to the bearer, and may be signed with the facsimile signatures of the Mayor and City SecretsAy. 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 appro- priate 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. Fill power to make and levy re-assessments 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. %I. All assessments levied are personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be inoorrect2y named. %II. The assessments levied are made and levied under and by virtue of the terms, powers, and provisions of an Act passed at the First Callid 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 Civil Statutes of the State of Texas, Annotated, which Act has been adopted as an amendment to and -7- made a part of the charter of the City of Fort Worth, PASSED AND APPROVED THIS day of ,1949. Myor, City of. Fort Worth ATTEST: City Secretary APPROVED AS TO FORM: City Attorney _g.