HomeMy WebLinkAboutOrdinance 5750 ORDINANCE NO.-��--�-__
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF__GHdIG -STRZET
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE
CITY OF FORT WORTH, TEXAS: FIXING CHARGES AND LIENS AGAINST ABUTTING
PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF: PROVIDING FOR THE
COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI-
CATES IN EVIDENCE THEREOF: RESERVING UNTO THE CITY COUNCIL THE RIGHT
TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO
THE EXTENT OF ANY CREDIT GRANTED: DIRECTING THE CITY SECRETARY TO EN-
GROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE
MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE
IN THE ORDINANCE RECORDS OF SAID CITY: AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Fort Worth,Texas,has heretofore ordered that,each of the hereinafter described
pertions of streets, avenues and public places in the City of Fort Worth,Texas,be improved by raising,grading,
or filling sarge and by constructing thereon to-wit:
1. Craig Street: From Highway I-820 to Handley Drive, knoarn and designated
as Unit 1, Project 104-24Od0-157, a 6-inch hot mix
asphaltic concrete pavement on a 36 foot roadway.
The above,together with combined concrete curbs and gutter on proper grade and line where same are not already
so constructed,together withstormdrainsandother necessary incidentals and appurtenances;all of said improve-
ments are to be so constructed as and where shown on the plans and in strict accordance with the Plans and
Specifications therefor: and contract has been made and entered into with 8 R 0 Aspbalt, Inc.
for the making and construction of such improvements on the above said portion of streets, avenues and public
places.
WHEREAS, estimates of the cost of the improvements of each such portion of streets,avenues and public
places 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 and the 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 them._-.day of ah ,
19 ft, 930 M , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at
such hearing the following protests and objections were made,to-wit:
--- __� protested that
protested that
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— _---_---- protested that
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— ____--_--_--_-----� _-----protested that
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and said hearing was continued to the present time in order to more fully accomplish 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 considered all proper matter, is of the opinion that the said hearing should be closed and assessments
should be made and levied as herein ordered:
NOW 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 protest and objections,and any and all other
protests and objections, whether herein enumerated or or not, be and the same are hereby, overruled.
IL
The City Council, from the evidence,finds that the assessments herein levied should be made and levied
against the respective parcels of property abutting upon the said portions of streets,avenues and public places
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
in the unit 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 abutting property assessed is
specially benefited in enhanced value to the said property by means of the said improvements in the unit upon
which the particular property abuts and for which assessment is levied and charge made,in a sum in excess of
the said assessment and charge made against the same by this ordinance,and further finds that the apportion- .
ment 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.
HL
There shall be, and is hereby, levied and assessed against the parcels of property herein below mentioned,
and against the real and true owners thereof (whether such owners be correctly named herein or not) the sums of
money itemized below opposite the description of the respective parcels of property and the several amounts
assessed against the same,and the owners thereof, as far as such owners are known, being as follows:
r
V II.
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 thereof, and is
less than the proportion of the cost allowed and permitted by the law in force in the City.
VIII.
Although the aforementioned charges have been fixed, levied, and assessed in the respective amounts
hereinabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned
assessments by allowing credits to certain property owners where deemed appropriate.Notwithstanding the City
Council has herein reserved the right to issue credits, it shall not be required to issue credits,and will not do so,
if same would result in any equity and/or unjust discrimination.
The principal amount of each of the several assessment certificates to be issued the City of Fort Worth,
Texas,as hereinafter provided,shall be fixed and determined by deducting from the amount of any assessment
hereinabove levied such amount or amounts,if any,as may hereafter be allowed by the City Council as a credit
against the respective assessments.
IX.
For the purpose of evidencing the several.sums assessed against the respective parcels of abutting prop-
erty and the owners thereof, and the time and terms of payment, and to aid in the enforcement and collection
thereof, assignable certificates in the principal amount of the respective assessments less the amount of any re-
spective credit allowed thereon, shall be issued by the City of Fort Worth, Texas, upon completion and accept-
ance by the City of the improvements in each unit of improvement as the work in such unit 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 corporate seal of the City impressed thereon,and shall be payable to the City of Fort Worth,
or its assigns,and shall declare the said amounts,time and terms of payment, rate of interest, and the date of
the 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 the property by lot and block
number, or front feet thereon, or such other desciption 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 and no error or
mistake in describing any property, or in giving the name of the owner, shall invalidate or in anywise impair
such certificate, to the assessments levied.
The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then
they shall be collectable, with reasonable attorney's fees and costs of collection, if incurred, and shall provide
substantially that tfie amounts evidenced thereby shall be paid to the Assessor and Collector of Taxes of the
City of Fort Worth,Texas,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 forth-
with with the City Treasurer to be kept and held by him in a separate fund, and when any payment shall be
made in the City the Assessor and Collector of Taxes upon such certificate shall, upon presentation to him of
the certificate by the holder thereof endorse said payment thereof. If such certificate be assigned then the holder
thereof shall be entitled to receive from the City Treasurer the amount paid upon the presentation to him of
such certificate so endorsed and credited; and such endorsement and credit shall be the Treasurer's Warrant for
making such payment. Such payments by the Treasurer shall be receipted for 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 attorney's fees, if incurred, have been paid in full.
Said certificates shall further recite substantially that the proceedings with reference to making the
improvements have been regularly had in compliance with the law,and that all prerequisites to the fixing of the
assessment lien against the property described in such certificate and the personal liability of the 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.
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 installment, which coupons may be payable to the City of Fort Worth,or its assigns may be signed with the
facsimile signatures of the Mayor and City Secretary.
Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful
powers, when requested so to do, to aid in the enforcement and collection thereof, and may contain recitals sub-
stantially in accordance with the above and other additional recitals pertinent or appropriate thereof, 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 any of said units adjacent to any
premises exempt from the lien of such assessments shall not in anywise invalidate, affect or impair the lien of
such assessments upon other premises.
X.
Full power to make and levy reassessments 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.
XI.
All assessments levied are a personal liability and charge against the real and true owners of the premises
described,notwithstanding such owners may not be named,or may be incorrectly named.
XII.
The assessments so levied are for the improvements in the particular unit upon which the property
described abuts, and the assessments for the improvements in any unit are in nowise affected by the improve-
ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts
assessed for improvements in any one unit have been in nowise connected with the improvements or the assess-
ments therefor in any other unit.
XIII.
The assessments levied are made and levied under 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 106
of the Acts of said Session and now shown as Article 1105b of Vernon's Texas Civil Statutes,which Act has been
adopted as an amendment to and made a part of the Charter of the City of Fort Worth, Texas.
XIV.
The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same
in the Minute Book of the City Council of Fort Worth,Texas, and by filing the complete Ordinance in the appro-
priate Ordinance Records of said City.
XV.
This ordinance shall take effect and be in full force and effect from and after the date of its passage and
it is so ordained.
t 7
PASSED AND APPROVED thisw;�QA6_day of_z� - - 19f5
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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