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HomeMy WebLinkAboutOrdinance 3641 ORDINANCE NQ. " AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A P TION OF NORTH COMMiCE STREETO NORTH COMERCE STREET, KILPATRICK AVENUE, AVENUE M, SOUTH IN STREET, NORTHWEST '.l ENTY-E10HTH STREET, WAYNE STREET AND NORTHWEST TWENTY--SEVENTH STREET, IN THE CITY OF FORT WORTH, T -S, FIXING CHARGES AND LIENS AGAINST PROPERTY ABUTTING THEREON, AND AGAINST THE XNS S, THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND TIE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF. MREAS, The City of Fort 'North, Texas, has heretofore ordered that the below mentioned and described portion of North Gommearce, North Cameros Street, K l- patrick Avenue, South Nhin Street, Northwest Twenty-eighth, 'Mayne Street and North- west Twenty-seventh Street, in the City of Fort Worth, Texas, to be improved by raising grading and filling same and by constr..oti. thereon 7a inch compacted flexible base course and further constructing thereon a inch Hot Mix Asphalt Concrete Surface, together with combined concrete curbs and gutters where same are not already construct- ed on proper grade and line, together with incidentals and appurtenances, including drains where neessary, all as provided by the Flans and Specifications for such improve- ments now on file with the City, and contract has been made and entered into with the GENERAL CONSTRICTION COMPANY, for the making and construction of such improvements; Said portion of streets "being as follows, to-Twit: North Commerce Street, from the northerly line of 33rd Street, to the southerly line of 34th Street, known and designated as Unit No. 1. Worth Commerce Street, from the northerly line of 34th Street, to the southerly line of 35th Street, known and designated as Unit No 2. Kilpatrick Avenue, from the westerly line of Neville Street, to the easterly* line of Merrick Street, known and designated as Unit No. 3. Avenue M, from the easterly line of Otto Street, to the westerly line of Schmidt Street, known and designated as Unit No. 4. South Main Street, from the southerly line of Berry Street, to the northerly line of Devitt Street, known and designated as Unit No. 5. Northwest Twenty-eighth Street, from the northerly line of Ma.cie Avenue, to the southerly line of Robinson Street, known and designated, as Unit No. 6. Wayne Street, from the northerly line of Wheeler Street to the Southerly line of Fain Street, known and designated as Unit No. 7. Northwest Twenty-seventh Street, frcm the westerly line of Mace Avenue, to the easterly line of Robinson Street, known and designated as Unit No. 8. WHEREAS, estimates of the cost of improvements of such portion of North Commerce Street, North G sa Street, Kilpatrick Avenue, Avenue V, South Main Street, Northwest Twenty- eighth Street, Wayne Street, and Northwest Twenty-seventh Street, were prepared and filed and approved and adopted by the City Council of Said City, and a time and place was fined for a hearing to the owners of abutting property, and to all others in any- wise interested, and due and proper notice of the time, place and purpose of said Bearing was given and said'hearing was had and held at the` time and place fixed therefcr, to-mit on the A5 day of A. D., 1957, at WZ120olclock, in the Council- r in the City* Ha 1 in the City of Fort Worth, Texas, and at such hearing 1n -l- the following protests and objections were wade, to—wit: Protested that Protested that Protested that Protested that Protested that Protested that Protested that Protested that Protested that 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 hawing fully considered all proper matters, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered: TWCRE: BE IT MAINED BY THE CITY COUNCIL OF THE CITY OF FORT NORTH, TEXAS, THAT: SECTION 1, Said hearing be, and the same is hereby, closed and the said protests and objections, and any all other protests and objections, whether herein enumerated or not, be and the same are hereby, overruled. SECTION 2, 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 said portion of North Commeme Street, North Commerce Street, Kilpatrick lvenue,, avenue , South Main Street, Northwest Twenty-eighth Street, Wayne Street, Street, hmd against the owners of such property and that � ggssS are right and proper and are substantially in proportion tat respective beneitNC pe parcels of property by means of the improvemets are levied, and establish substantial justice and eq441i a such Sd�Sd S respective owners of the respective sidering the benefits received and burdens btae y � tx 11 rtiop c the property assessed is specially D tarther finds t xat in ed' oorr- p wally benefited in en nc d Nye to �� ld web ca.,, abuts, and for which assessment is levied and charge maA in'';° s 1 VOPOrtles said assessment and charge made against the same by this 1 T nce � excess of the that the apportionment of the cost of the improvements is lb accordance further � 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. SECTION 3* There shall be and is hereby levied and assessed against the parcels of property hersixtelow 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, and the several amounts assessed against the same, and the owners, thereof, as far as such owners are known, being as follows: SECTION 4. 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 rate of the total assessment against ouch 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 sums. SECTION 5. 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 per cattum (6%), per annum, together th 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 heroin 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-wit: in five (5) equal ineetallments, due respectively on or before twenty (20) days, one (1), two (2), three (3) and four years from the completion and acceptance of the improvements and shall bear interest from the date of such completion and acceptance at the rate of six per centum (6%) per annum, payable annually with each installment, except as to installments maturing in less than one year, which shall be payable at the maturity of the installment so payable, so that upon completion and acceptance of the improvements assessments against the Property upon such completed and accepted portions of forth Commerce Stf"eet,, North Commerce Street, Kilpatrick Avenue, Avenue N$ South Main Street, Northwest Twenty- seventh Street, 'Mayne Street, and North-west Twenty-eighth Street, 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 of principal or interest promptly as the same matures, these the entire amount of the assessment upon which such default is made, shall, at the option of fFENERAL 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. SECTION 6. 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 said Contractor, or its assigns, payment of said sums shall be enforced 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. SECTION 7. 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 thereef, 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 forth, shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and sums and Personal obligations. SECTION S. 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 with the City. SECTION 9. 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 North upon completion and acceptance by the City of the improvements, which certificates shall be executed by the Mayor in the name of the City and attested by the City Secretary, who shall impress the corporate seal of the City thereon, and shall be payable to (FNERAL CONSTRUCTION C( FANY, 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 certificates 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 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 owner, 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 reasonable attorneys' fees and costs of collection, if incurred, and shall prooide substantially that the amounts evidenced thereby may 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 forthwith with the City Treasurer to be kept and held by him in a separate fund, hereby designated as GENERAL CONSTRUCTION C012ANY STREET IMMIENT FUND, and when any payment shall be made to the Assessor and Collector of Taxes upon such certificates, he shall upon presentation to him of the certificates 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 Treasurer shall be receipted for by the holder of such certificates in writing and by surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorneys' fees, if incurred, have been paid in full. Said certificates shall further recite substantially that the proceedings with re- ference to making the improvements have been regularly had in compliance with the lair, and that all prerequisites to the fixing of the assessment lien against the property described in such certificates and the personal liability of the owner or owners there- of 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 arw of the several installments thereof, or may have coupons for each of the first four installments, leaving tho main certificate to serve for the fifth installments 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 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 withthe 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 substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of North Commerce Street, North Commerce Street, Kilpatrick Avenue, Avenue M. South "fain Street, Northwest Twenty-eighth Street, 'Rayne Street, and Northwest Twentypseventh 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. SECTION 10. 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. r SECTION 11. 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, mr may be incorrectly named. SECTION 12, The assessments levied are made and levied under and by virtue of the terms, powers and provisions of an pct 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 nawn 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 Port North, Texas. SECTION 13. This ordinance shall take effect from and after its passage. APPROVED AS TO FORM: A sty ttorney. -6-