HomeMy WebLinkAboutOrdinance 2670 ORDINANCE NO. G7D
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING A PORTION OF
CULLEN AND POCH STREETS IN THE CITY OF FORT WORTH,
TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTY
ABUTTING THEREON, AND AGAINST THE 0VMS THEREOF,
PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND
THE ISSUANCES OF ASSIGNABLE CERTIFICATES IN EVIDENCE
THEREOF.
WHEREAS, the City of Fort Worth, Texas, has heretofore ordered
that the below mentioned and described portion of Cullen and Poch Streets in the
City of Fort Worth be improved by raising, grading and filling same, constructing
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 com-
pacted gravel foundation course, so as to make the completed improved area on
Cullen Street forty (40) feet and on Poch Street forty (40) feet from face bf
curb to face of curb, together with incidentals and appurtenances; all'of said
improvements to be made in accordance with the plans and specifications for such
improvements, providing that no part of the 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:
CULLEN STREET, from the Easterly line of Foch
Street to the West Edge of pavement on Jacksboro
Highway.
POCH STREET, from the Northerly Line of White
Settlement Road to the Northerly Line of Cullen
Street.
WHEREAS, estimates of the cost of the improvements of such portion
of Cullen and Poch 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 Thirteenth (13th) day of April, 1949, at 9:30 o►clock, 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 ORDAINED 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, whether
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 Cullen and Foch 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 parties
concerned, considering the benefits received and burdens imposed, 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 abutq, and for which assessment is levied and charge
made, in a sum of 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 improve-
ments is in accordance with the law in force in this City and the proceedings of the
-2-
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
tgoney 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 followal
3-
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 may 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
six (6) per cent 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 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 tars.
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)9 two
(2), three (3), four (4) years from the completion and acceptance of the improve-
ments 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 completion and acceptance of the improvements assessments against said pro-
perty 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 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 GENERAL CONSTRUCTION
COMPANY, or its assigns, be and become immediately due and payable, and shall be
-4-
collectible, together with reasonable attorneys' fees and costs of collection, if
incurred.
VI.
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 assessments.
VII.
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 enforce-
ments 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, assign-
able certificates shall be issued by the City of Fort Worth upon completion and
acceptance 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 corporation seal, and shall be payable to
said GENERAL CONSTRUCTION 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 certificate is
issued, and shall contain the name of the owner or owners, if known, description of
*5*
of the property by lot and block number, or front feet thereof, or such Ether des-
cripti6n 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 uhknown, 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 maturity, then they shall be collectible with reason-
able attorneys' fees and costs of collection, if incurred, and shall provide sub-
stantially that the amounts evidenced thereby may be paid to the Assessor and
Collector of Taxes of the City of Fort Worth, 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 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 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 Warrant for making such payment. Such payments by the Trea-
aurer shall be reeeipted 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 add reasonable attorneys' fees, if incurred, have been paid in full.
Said certificates shall further recite substantially that the
proceedings with reference to making the improvements to which the particular
certificates relates, have been regularly had in compliance with the law, and that
all pre-requisites to the fixing of the assessment lien against the property des-
cribed 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 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 each of
the first four installments, leaving the main certificate to serve for the fifth in-
stallment, which coupons may be payable either to GENERAL CONSTRUCTION COMPANY, or its
assigns or to the bearer, and may be signed with the facsimile signatures of the Mayor
*6*
and City Secretary;
Said certificates shall further recite that the city of Fort Worth
shall exeraise all of its lawful powers, when reeuested so to do, to airy in the enforce-
ment and collection thereof,,and may contain recitals substairtially 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 sub-
stance thereof shall be sufficient, The fact that such improvements may be omitted on
any protion of said street adjacent to any premises exempt from the lien of such assess-
ment shall not in anywise invalidate affect or impair the lien of such assessments uron
other premises.
Full power to make and levy, re-assessments and to correct mistakes,
erros, 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 a personal liability and charge against
the real and true owners of the premises described notwithstanding arch owners may not
be named, or may be incorrectly named.
%II.
The assessments levied are made and levied un*'er and by virtue of the
terms, powers, and provisions of an Act passed at the First Called Session of the
Fortieth Legislature of the State of Texas, known as Chapter l06 of the Acta 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 made a part of the
Charter of the City of Fort North.
PASSED AND APPROVED THISLMay of .1949.
Mayor, City of Fort Worth, Texas
ATTEST:
RV Secretary
APPROVED AS TO FORM:
City Attorney
-7-
E-H
S S 8 S S o $
. .
d W In a, kr% 4l N %C\ UN %C% W% CO l
H w ON � Off+ � � �
a
O U
co
N a S S S S S S S
cry o . .
W Pq S+1 nl O O O O O O O tm
Wz q
w co.11 N S O O O S S S He -t
m • • • t .
W Cl u'\
p ba to pi tV
O 4 U H N r 1 r 1 ri ri e I rl r I t�l CV
H
O
co
C
O x O F H O- CO t0
H z S S H H H r
to
O
RO. O H
F W <C H s a
s = s z z s s s
z
0
H
H
C4 �4
U U
MOl
G m (Oil roll HG HII r�l Ho
H
O
s s r ri
w w w w •.
A -, co., a 0 � -, ooa , a � a as � a � '1 00
aO QIdH liw � ti � ti � N � N � � � ti � F a� t4 � w
p• V] m m 0 6 m m 0 0 0 0 0 0 o m
max . a � a xr x x � x �
o �o N 0 �o b,o D,o a,o a,o o-,o Du o o
� o 0 0o �V Ail v 0c, ON 00 00
ox�� � �� �� �� �� �� cc �� � ��
z w ao cq uq aq w cn m m
H
8 S S S � 8 8
to
el"o C of N N try OD cat CV Cal �t
pN a, a, O� a, e-I L- G� a, Or,
4w
E
o
41 0 O% S o O 8 g 8
m o 0 0 0Lr% C\i r 0 0 o to
UN UNH�
0
cq � o g g
co
W ern LA -n Wi to
d
ov �
U
z ti o
oa 0 0 8 0 � 0 o g
N x x r � m H r-I i-,
CO ya.�
PG O EH-H 'd
1.0
H C5 O H
PAD
0
O
H
pH
H
H
O E+
s w s o, s
w w w w
6 t3� E 6 a oa 0 0 � a 0° a na as C, oa
� m � am OV m .-gym � tia m .a+ m ., P
m � m .-+ m
Ewa ao '� a � ti .or, � r.
w x x x x a & x x x a x �
Olt N g,o D.o �,o g,o g.o d. o �.o g,o b,o
01,44
' m 0 0 0 0 m U O 0 m U 0 U m U
z m 04
m
8 8 S 8 N S 8 8
Fb � ol ol a, N a, m m 01
40,
a
00
root w
�r V]
x
m 0 8 0 8 � � 8 0 8
co 0
M w 0 0 0 r. o 0Ul% 0
AN
to Ul% UN
N 8 8 8 � 8 8 8
w o
pq
W 8
H
H H col
r-I ��I to r-I S rq
v� a
o t--,
P
x
0
HH[�
P-i
H
ArUi H r-I r-I r�i r�I r-I
m.O
m 4-1
p
� .e►a
r-I (%I r-I N
a�
w }Tyw� w w w w w
W� h •
a 9 oa � a � a C30 91 00
"� r4�,43 +�+43 +"-+ �'� - '� v pip +9
0 � F. m iO tom. ri Fri � l �{
t+ 1114 m F H
R+ aasr a ea a s� a as a a s
z a`� 12 w a m o aida co go mid
8 S 8 8 8 0 0
o, � o
a .
ov
0 o S S S
w � m �o , o 0 0 o.
c
v
m � ri ID
x
E po p p
+O! O � S 1Q S O O O S
E � tM+�04 N s i n N r r alit
r-I r-I ri r�
cn S x
E a
m
N r-i m ri 8 $ H ICO
E E4
v� a
w
a wcrk
o ca
z PEG W
H
pH�
H
PG Ad 4� u}
4 r l ri 100
r-1 r'1 rl r�1 ri r IDO �I ri
Y O m p
A 9 r] 41
w O O +2 +�
p� cl% I O
W Id ID °'+5 1°
w $ 0 $34-4w CIO $+�
.v 4 A
..° 0 m
i0a w Ooo
42 WadW cc;
42,0
w w w w w w
r°3 q m o q o q o U
'-P ate' rj -P 4 '� 4d'-P -P
0 �, 0 U to � r-i 0 to o �
00 'n c-
a
O V
b4
CIO
uoo:W
R�O
E
u0i N
o
gel14
O 8
WW u+to O L
r�1 CNt (C1i( r j
H
(n � �s
E O
U
a
E W O O L�
• •
0 0 0 �
Cc,
E
M
2
q rl rto1 rm1 N
O
p.� tH to O O
H m N +�
m�i- mO� O
p�EQQ 4.04 ,O
FL ra N C (12 W ON rr�1l
��� m�+D
m-P m (e-P
wow
w w
w
� o � o 0
2ci ti 1. 14
� m 0 00
� 0 \ � k
. , . . .
. . { C
2 , o .
§
% a 2 § § § B @
2 q b �
n ® § 2 \ § §
§ 2 �
§ 2 $ 8 § \ \a
§ § 2 0
Elf § /
§ § 2 2
n
qM1 p � � Qp pp p
T Q s N rl P- tD t9
s Ms s v v. s
$ ;
. t
ri
r t l
y
E. v