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HomeMy WebLinkAboutOrdinance 2338ORDINANCE CLOSING HLAMNG AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION 07 NORTH CALHOUN STREET AND SUNDRY OTHER STREETS AND AVENUE IN THE CITY OF FORT WORTH, TEXAS, FIXING CHARGES AND LIDS AGAINST PROPERTY ABUTTING THEREON, AND AGAINST THE OWNERS THEREOF, AND AGAINST RAIL KATS,, USING, OCCUPYING, OR CROSSING SAID STREETS AND/OR AVENUE AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSIMENTS, 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 por- tions of streets and avenue in the City of Fort Worth, Texas, be improved by raising, grading, and filling same, constructing concrete curbs and gutters where adequate curbs and gutters are aot now installed on proper grade and line and by paving, to- gether with incidentals and appurtenances, including drains where necessary; and contract has been made and entered into with Austin Road Company for the making and construction of such im- provements, to wit, raising, grading and filling same, construct- 1 Ing reinforced concrete curbs and gutters where adequate curbs and gutters are not now installed on proper grade and line, by' paving with 7 inch reinforced concrete pavement (except In 6,reAt occupied by rails, tracks, double tracks, turn-outs and switches, and 2 feet on each side thereof of railways using, occupying and/or crossing said streets), together with incidentals and appurtenances, including drains where necessary, and by improving the areas occupied by rails, tracks, do-able tracks, turn -guts and switches and 2 feet on each side thereof of railways using occupy,- ing and/or crossing said streets and/or avenue, by paving with 9 inch reinforced concrete pavement on ballast placed on 6 inch re- inforced concrete sub-base, all as provided by the plans and specifications for such improvements; said portions of streets and avenue being as follows, to-wit: NORTH CALHOUN STREET, from the southerly line of Northeast Sixth Street to the southerly line of Northeast Seventh Street, known and designated as Unit No. 1. NORTH COMMERCE STREET, from the southerly line of Northeast Fourth Street to the southerly line of Northeast EleVant Street, known and designated as Unit No. 2. HOUSTON et tot as NORTH THROCKMORTON STREET, from the southerly line of Northwest Fifth Street to the northerly line of Northwest Eigh Street, known and designated as Unit No. J+. FOURTH STREET, from the easterly line of North Houston Street to the westerly line of North Commerce Street, save and except the intersection of North Main Street, known and desig- nated as Unit No. 5. - I - FIFTH STREET, from the easterly line of North Throckmorton Street to the westerly line of North Commerce Street, save and except the intersections of North Main Street North Houston Street, known and designated as Unit No. 6. SIXTH STREET, from the easterly line of North Throckmorton Street to the westerly line of North Calhoun Street, save and except the intersections of North Commerce Street, North Main Street and North Houston Street, known and designated as Unit No. 7. SEVENTH STREET, from the easterly line of North Throckmorton Street to the easterly line of North Calhoun Street, save and except the intersections of North Commerce Street, North Main Street and North Houston Street, known and designated as Unit No. S. NORTffiVEST EIGHTH STREET, from the easterly line of I North Throckmorton Street to the westerly line of North Houston I Street, known and designated as Unit No. 9. NORTHEAST EIGHTH STREET, from the easterly line of Worth Main Street to the westerly line of North Commerce Street, known and designated as Unit No. 10. NORTHWEST TRINITY AVENUE, from the westerly line of North Houston Street to the westerly line of North Main Street, known and designated as Unit No. 11. NORTHEAST NINTH STREET, from the easterly line of North Main Street to the westerly line of North Commerce Street, known and designated as Unit No. 13. NORTHEAST ELEVENTH STREET, from the easterly line of North Main Street to the easterly line of North Commerce Street known and designated as Unit No. 14. NORTH CALHOUN STREET, from the northerly line of Northeast Seventh Street to the southerly line of Block E, North Fort Worth Addition, and the southerly line of Lot 12, Block 244, North Fort Worth Addition, known and designated as Unit No. l(A). NORTHEAST EIGHTH STREET (North Fort Worth Addition) from the easterly line of North Commerce Street to the westerly line of North Calhoun Street, known and designated as Unit No. 2(B). and, WHEREAS, estimates of the cost of the improvements of such portions of streets and avenue were prepared and filed land 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 to the owners of railways using, occupying, or +crossing said portions of streets and/or or avenue, 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 7th day of August, 1946, at 9:,o jolclock a.m. in the Cotir�v­­13, Citember in the City Hall in� the City of Fort Worth, Texas, and at such —hearing the following �protests and objections were made, to-wit: There ware no protests - 2 - protested that protested that protested that protested that protested that protested that protested that nd said hearing was continued to the present time in order to ore Fully accomplish the purposes thereof, and ail desiring to be erd were given Full and fair opportunity to be heard,, and the ity Council of the City having Fully considered all proper matters s of the opinion that the said hearing should be closed and assess ents 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. -3 -, 0 Ii. 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 por- bons of streets and avenue, and against the owners of such property, and against railways using, occupying or crossing said >ortions of streets and,/or avenue,]and against the owners thereof, ind that such assessments and charges are right and proper and are substantially in proportion to the benefits to the respective ?arcels of property by means of the improvements in the Unit for Yhich such assessments are levied, and establish substantial justice and equality and uniformity between the respective owners )f the respective properties, and between all parties concerned, 3onsidering the benefits received and burdens imposed, and fur - >her finds that in each case the property assessed is specially )enefited in enhanced value to the said properties by means of Said improvements in the unit upon which the particular property ibuts, 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 apportionment )f the cost of the improvements is in accordance with the law in 'orce in this city and the proceedings of the city heretofore had with reference to said improvements, and is in all respects valid ind regular. III. That there shall be and is hereby levied and issessed against the parcels of property hereinbelow mentioned, ind against the real and true owners thereof (whether such owners )e correctly named herein or not), and against railways using, sccupyin:g, or crossing said streets and/or avenue,the sums of coney below mentioned and itemized shown opposite the description >f the respective parcels of property and,/or name of railway; the iescriptions of the respective parcels of property, the names o' °ailways, and the several amounts assessed against the same, and ;he owners thereof, as far as such owners are known, being as 'allows: ( ran N' vuN � xzgfa 21I Nl rf"'LM S I MMI" M 11 , INDUATUM, A1MUA,, SdYW.V1LL44'1" V - 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 rata 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. That the several sums above mentioned and assessed against the said parcels of property, and the owners thereof, and against said railways and the owners thereof, and interest thereon at the rate of 6% per annum, together with reasonable attorney's 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 and of such railways, 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, to -, tz In five (5) equal installments, due res ectively on or before twenty (20) days,- one (1), two (2), three c� , and four (4) years from the completion and acceptance of the improve- vents in the unit upon which the particular property ebuit's, and the assessments against the property abutting upon the remaining anits shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from the date of such completion and acceptance at the rate of 6' per centum per annum, payable annually with each installment, so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property upon such completed and accepted unit shall be and become due and payable in such installments and with interest from the date of such completion and acceptance. Pro- vided, 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 of principal or interest promptly as the same matures, then the entir( amount of the assessment upon which such default is made, shall,, ,at the option of the said Austin Road Company, or its assigns, be and become immediately due and payable, and shall be collectible, together with reasonable attorney's 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 as possible in the manner provided 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 enforced by suit in any court of competent juris- diction, 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 payment of the sums hereby assessed against any property, or the owners thereof, but the said Austin Road Company,i 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 pourers to aid in the enforcement and collection of said liens and sums and personal obligations. VIII. 1 The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in ac- eordance'With the proceedings of the city relating to said im- provements and assessments therefor, and is less than the pro- portion 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 acceptance by the City of the improvements in each unit of im- provement as the work in such unit is completed and accepted, whic 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 Austin Road 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 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 suffi- cient, 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 owner, shall invalidate or in anywise impair such certificate, 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 reasonable attorney's fees and costs of collection, if incurred, and shall provide substantially that the amounts evidenced thereby may be paid to the assessor and Collecto 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 deposi 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 AUSTIN ROAD C U2ANY STREET II,,IPRCVVAMT 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 Contractors, or other holder thereof, endorse said payment thereon, and the Contractors, 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 Treasurer shall be receipted for by the holder of such certificate in writin 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 substan- tially that the proceedings with reference to making the improve- ments 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 property described in such certificate and the personal liability of the owner or owners thereof have been performed, and such re- citals shall be prima facie evidence of all the matters recited in such certificates, and no further proof thereof shall be re- quired 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 Install- meats, leaving the main certificate to serve for the tifth In- stallment, which coupons may be payable either to Austin Road Company, or its assigns, or to the bearer, and may be signed with the facsimile signatures of the Mayor and City Secretary. 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 streets adjacent to any premises exempt from the lien of such assessment shall not in anywise f 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. X1. All assessments levied are a personal liability and charge against the real and true owners of the premises des- cribed, notwithstanding such owners may not be named, or may be incorrectly named. XII. The assessments herein made and levied against railways using, occupying, or crossing streets and/or avenue for work between the rails, tracks, double tracks, turn-outs and switches, and two (2) feet on each side thereof shall be paid upon the same terms and in the same installments and at the same rate of interest as herein provided with reference to assessments against abutting property and the owners thereof, and certificates in evidence of assessments against such railways shall be issued in the same manner and with the same force and effect as herein provided with reference to certificates in evidence of assessments; against abutting property and the owners thereof. 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 Act 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 XIV. The assessments for the improvements in one unit are in nowise related to or connected with the improvements or assessments in any other unit, end in making assessments and in holding said hearing the amounts assessed for improvements in one unit have been in nowise affected by any fact in anywise connected! with the improvements or the assessments therefor in any other unit. PASSED AND APPROVED this day of August, A. D., 1946. Mayor, City of Fort worth, Texas. ATTEST: CTEY 99,3retary.