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HomeMy WebLinkAboutOrdinance 4439 ORDINANCE NO. � 1 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COSTS OF IMPROVING A PORTION OF UNIVERSITY DRIVE IN THE CITY OF FORT WORTH, TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTY ABUTTING THEREON, AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ISSUE CREDITS AGAINST THE AFOREMENTIONED ASSESSMENTS SHOULD IT DEEM. IT APPROPRIATE TO DO SO, SAID CREDITS, IF ANY, THEREBY REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED AGAINST A RESPECTIVE ASSESSMENT FOR WHICH NET AMOUNT THE ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF SHALL BE ISSUED AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE RECORDS OF THIS CITY. WHEREAS, the City Council of the City of Fort Worth, Texas, has heretofore ordered that the hereinafter described portion of University Drive in the City of Fort Worth, Texas, be improved as £ollows,to-wit: That portion of University Drive from the northerly line of Cullen Street to the west fork of the Trinity River in the City of Fort Worth, Texas, be improved by raising, grading, and filling same and by constructing thereon seven inch reinforced concrete pavement, together with combined concrete curbs and gutters on proper grade and line where same are not already so constructed, together with storm sewers and drains. All of the aforementioned improvements are to be constructed together with necessary incidentals and appurtenances 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 Worth Construction Company for the making and constructing such improvements, said portion of University Drive being as follows: University Drive, from the northerly line of Cullen Street to the west fork of the Trinity River in the City of Fort Worth, Texas, known and designated as Unit No. 1; and, WHEREAS, estimates of the cost of the improvements on said portion of University Drive 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 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 ,-/t'' day of 4=fir , 1961, at 9:00 o'clock A.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 protested that protested that protested that protested that -2- 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 matters, 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 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 property abutting upon the said portion of University Drive 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 of the respective parcels of property by means of such improvements 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 improve- ments 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 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. III. There shall be, and is hereby levied and assessed against the parcels of property hereinbelow 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: -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 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. The severals sums above mentioned and assessed against the said parceli of property, and the owners thereof, and interest thereon at the rate of six per cent (6%) 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 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: in five (5) equal installments, due respectively on or before twenty (20) days, one (1), two (2), three (3) and four (4) years from the date of completion and acceptance of the improvements, and shall bear interest from said date at the rate of six per cent (67.) per annum, payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the completion and acceptance of said improvements,, assessments against the property abutting upon said portion of University Drive 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, then the entire amount of the assess- ment upon which such default is made, shall, at the option of said Worth 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, VI. If default shall be made in the payment of any assess- ment, collection thereof shall be enforced either by the sale of the property by the Assessor and Collector of Taxes of said City as -4- near as possible in the manner provided for the sale of property for the nonpayment of ad valorem taxes, or, at the option of the 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 enforce- ment and collection of said assessments. VII. The City of Fort Worth, Texas, shall not in any manner be liable for payment of the sums hereby assessed against any property or the owners thereof, but the said Worth 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, Texas, shall exercise all of its lawful powers to aid in the enforcement 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. 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 assessmentg-tby allowing credits to certain property owners where: (1) curb and/or gutter or paving presently exists, (2) property in commercially zoned areas is occupied by owner as his residence (this credit to be such that the maxiwAm cost to the property owner per front foot, after allowing suebcredit, shall not exceed $ per front foot for curb, gutter and paving), and (3) property abuts on the street to be improved, but actually fronts on another street (this credit to be such that the cost to the property owner, after allowing such credit, shall not exceed the amount of the assessment against a residential lot which fronts 100 feet on the street to be improved.) Notwithstanding the City Council has herein reserved the right to issue credits as bereinabove provided, it shall not be required to issue such credits, and will not do so, if same would result in any inequity and/or unjust discrimination. The principal amount of each of the several assess- ment certificates to be issued the Contractor by the City of Fort Worth, Texas, hs hereinafter provided, shall be fixed and -5- 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; and when the improvements have been completed by the Contractor, the City Council shall pass the necessary ordinance accepting the improvements. This ordinance will also set out the amount of the respective assess- ments, the credits, if any, and the principal amount for which the respective certificates of special assessment shall be issued. X. 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 in the principal amount of the respective assessments less the amount of any respective credit allowed thereon, shall be issued by to City of Fort Worth, Texas, 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, with the corporate seal of the City impressed thereon, and shall be payable to the said Worth 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 thensme of the owner or owners, if known, des- cription of the property by lot and block number, or front feat 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 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 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 attorneys' fees and costs of collection, if incurred, and shall provide 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 WORTH CONSTRUCTION COMPANY STREET IMPROVEMENT FUND, and when any payment shall be made to the Assessor and Collector of taxes upon such certificates he shall, upon present- ation 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 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 by the holder of such certificate in writing and by surrender thereof when the principal, together with accrued interest and all -6- costs of collection and reasonable attorneys' fees, if incurred, have been paid in full. Said certificates shall further recite substantially that the proceedings with reference to making theimprovements 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 either to Worth 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, 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 substantially 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 t1w substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of said portion of University Drive adjacent to Uny premises exempt from the lien of such assess- ments shall not in anywise invalidate, affect or impair the lien of such assessments upon other premises. XI. 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. XII. 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. 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 1105 of Vernon's Texas Civil Statutes, which Act has been adopted as an amendment to and made a part of -7- 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 and by filing the complete Ordinance in the appropriate records of this City. XV. This Ordinance shall take effect and be in full force and effect from and after the date of its passage. PASSED AND APPROVED this �-� day of January, 1961, APPROVED AS TO FORM AND LEGALITY: � fl City Attorney E-4 0 ?t 10 C4 El to 0 N r{ r-I to 0% cli 'A C\l m A '011 4 6 0 c- Ol 0 El I C� UN Ln El -0 P-1 4 U"N ri cn ,4 4 II cg -H 0 r, LI- 0 . r-4 169- :9 8 r-4 n to 10 0 fa l 0 Ci C) m 0 -t col CV Ol ol 0� LC\ 43 P� w kf\ �o LC\ CN Lc\ C, cl� Q�yt I H R. 6 m El H my %to E"M C4 to m m 10 a, C\l �g C� E� C), n a, (V k4r\ 4., 0 E-:r4 r-o I N to C\l co ri E'� 0 U'\ M') N 10 to H P) cli C\l 0 0 0 cr\ U) LC\ Cq r-4 a, r-I ID 0 C,\ 01 co 0 N r-I Cl% cn r Id M 0 E. 0 1 i(,D E- �H i�0 C) J E� �4 cv C\l op 4.2 4N U r-A H$- 1 5Z3 ClIq 0 0 .0 10 104 Id N 4> 4-1 0f 0 H-H A to '00 'D D . V 0 ca 0 0) H > -4 H -H E. C-4 to 0 11 1 100 00 '4.3 0 kc\ 9 Cd cn -H 43 a) (D bo I�V 43 A'. SLI $4 C11 E� (1) 0 . 4-31 0 rj rpj 0 to 81 0 w 04 0 Q 4CR E� 1� 34 -a ca W, '4 oll Cl\ 1 f2l CITY OF FORT WORTHG-`,,/ TEXAS OFFICE of THE CITY MANAGER Communication to Mayor and Council No. p X54 February 17, 1961xJM'lm.., Honorable Mayor and IF"Ir Vll,, Members of the City Council Re: University Drive rcm City of Fort Worth Cullen Street to the West Fork of the Trinity River Project No, 94 83 5 (CIP 178) Mrs. McKnight and Gentlemen: The City Council on January 27, 1961 , adopted Ordinance No. 4429 approving the estimates of cost and setting February 17, 1961 as the date for the benefit hearing on the above referenced project. It is recommended that an ordinance closing the benefit hearing and levying assessments be adopted. Respectfully submitted, L. Cookingha City Manager ITY, OF FORT WCR711.. .. F�XX. S„�, .... HE S U Be;.f„f.T MATTER OF'` n",; T S IS &,, C,, . F E AVID VV48', "Oil ry ry x. City secrfiri.,'au. 11100,,,,,,,,, i ,,,,,�� ,,,,,,,,,,imic,,,r,✓ ,,,,,,,.,,,,i,,,,,, CITY OF FORS ORT r- " A Mir. X1;441 s;'t TEXS OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. i _54 February 17, 1961 Honorable Mayor and .°. Members of the City Council Fie: University Drive from City of Fort Worth Cullen Street to the West Fork of the Trinity River Project Mo. 94 83 5 (CiP 178) Mrs. McKnight and Gentlemen: The City Council on January 27, 1961 , adopted (Ordinance No. 4429 approving the estimates of cost and setting February 17, 1961 as the date for the benefit hearing on the above referenced project. It is recommended that an ordinance closing toe benefit hearing and levying assessments be adopted. Respectfully submitted, ti LPCih L. Cookingh City Manager p yr m K �uy p,`p WORTH, dB ;1l, A4� di:4d `y„.rr�ri lyry2m r WPLS 111D Wi,'iS cott"Ay