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HomeMy WebLinkAboutOrdinance 181 AN ORDINANCE PRESCRIBING THE METHOD OF REGISTERING AND COLLECTING IMPROVMdENT CERTIFICATES AND SATISFYING THE LIEN THEREOF, AND PRESCRIBING THE DUTIES OF THE CITY ASSESSOR AND TAX COLLECTOR AND THE CITY TREASURER IN RELATION THERETO, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH AS FOLLOWS: Section 1. Whenever improvement certificates are to be issued by the City to a contractor, or to the City of Fort Worth, in part payment of the cost of any street improve- ment, it shall be the duty of the City Secretary, when such certificates are made up and signed by the Mayor and attested by the City Secretary and before the delivery of such certifi- cates to the contractor, or the issuance thereof by the City, to make up and certify to a statement of such certificates, which statement shall recite the name of the street or highways or part thereof improved, the name of the contractor for the work to whom the certificates are issued, the date of the ap— proval of the ordinance levying, assessing and charging the cost thereof, and a description of each lot or parcel of land assessed and charged, and the name or the names of the owners thereof who are personally liable to such charge, and the amount of such charge and the date of the completion and acceptance of the work by the city and all such certificates shall be dated on the date of the acceptanwe of said work by the city* And if the certificates are payable in installments, the amount of each installment and the date when each is due and payable; and he shall transmit such statement, or a true copy thereof, to the City Assessor and Tax Collector and take his receipt therefor; and thereupon it shall be the duty of the City Assessor and Tax Collector immediately to make a rec- ord in his office of such imprbvement certificates, which rec- ord shall contain substantially the same information contained in the statement of the City Secretary above referred to; and he shall notify the owners of the property liable to such ass- essments so far as are known to him or so many as he by reason- able inquiry may discover, by postal card of the amount of such assessment and where the same may be paid without interest; he shall accept and receive payment of such assessments, or any installment thereof, together with the interest cue thereon whenever payment thereof is tendered to him and give a receipt to the person paying the same, which receipt shall describe the improvement certificate or insta3.3*ent thereof which is paid, state the amount thereof and a description of the property against which such certificate has been issued. And he shall make an appropriate note on his record. of such improvement certificate of the date and the amount so paid and describe the certificate or installments so paid; and when any such assessment is paid in full, he shall note upon the margin of the record thereof that the lien of such certificate is satis- fied in full. Section 2. The City Assessor and Tax Collector to keep accurate accounts of all collections made on account of improvement certificates and installments thereof and shall at the end of eadk week, pay and turn over to the City Treasurer all sums so collected, giving to him a statement xhowing the name of the street and highway, or part thereof, for the im- provement of which such certificates or installments so col- a lected were issued, the number of the certificate or install- ment so collected and the property against which the assessment was charged; upon making such payment, he shall take the re- ceipt of the Treasurer therefor and preserve the same in his office. Section 3. It shall be the duty of the City Treas- urer to keep all funds paid to or turned over to him by the City Assessor and Tax Collector in payment of such improvement cer- tificates or installments thereof, for the use and benefit of the respective holders of such certificates, and to keep all of the collections so received by him for or on account of certificates issued in payment of each street or part thereof included in one contract as a separate account and fund for the owners of the certificates issued in part payment of the im- provement on such street or part thereof; and the funds so re- ceived by him shall be kept, preserved and disbursed by him solely for the use and benefit of the holders of such certifi- cates respectively, and the same shall not be applied or paid out to or for any other use or purpose. Section 4. Upon presentation of any improvement certificate or installment coupon thereof by the contractor or his assignee to the City Treasurer with the request of payment therefor, it shall be the duty of the City Treasurer, if he shall have received the money to pay any such certificate or installment coupon, or part of the same, to pay to such con- tractor or his assignee the amount so collected and held by him; upon such payment he shall take up the certificate or install- ment coupon so redeemed, and the certificate or coupon so re- deemed shall be taken and held to be a full receipt and dis- charge of the City Treasurer for his disbursement on account a e � � thereof. If the contractor or his assignee shall collect from the City Treasurer only a part of any such certificate or in- stallment coupon, he shall nevertheless leave with the City Treasurer the certificate or installment coupon upon which such collection has been made, and the City Treasurer shall note thereon the date and amount received by the holder thereof and the City Treasurer shall give a receipt for the certifi- cate or coupon so delivered, which receipt shall describe the certificate or coupon and the amount paid by the City Treas- urer thereon. Section 5. All funds collected or received either by the City Assessor and Tax Collector or by the City Treasur- er in payment of or on account of improvement certificates or installments thereof and all disbursements made by either of the said officers of such funds shall be taken and held to have been received and dirbursed by them in performance of their respective official duties, and they and their official bonds- men shall be liable for the faithful discharge of their duties in respect to such funds. Section 6. If any owner of property against which an improvement certificate has been issued, or person liable to pay the same shall pay any sue h certificate or installment coupon thereof to the payee therein named or his assignee, if an assignment thereof €shall appear upon such certificate or coupon, and shall produce and present to the City Assessor and Tax Collector such certificate or installment coupon, with payment thereof duly receipted by the payee or assignee Of such certificate or coupon, it shall be the duty of the City Assessor and Tax Collector to receive and hold in an appropriate file such certificate or installment coupon, and i r e to n6te on his record thereof that such certificate or install- ment coupon has been presented, duly receipted, and filed, showing the date of such presentation; and if the certificate is receipted in full, he shall note that fact upon the record and recite that the lien thereof is satisfied in full, And a recital by the City Assessor and Tax Collector on his record, made in good faith and in the absence of fraud, that any cer- tificate is satisfied in full, shall be conclusive of that fact and shall release the lien thereof and the land charged and the owner thereof from further liability therefor. Section 7. This ordinance shall take effect and be in force from and after its passage. I hereby certify that the above and fore going ordin- �Jed as dul ppented un n ously passed by the Board of Corttn- neA& it�(4aF "t ).a session of said Board held T ay J'u yy 2�th,1910. { _ � ecret ary.