HomeMy WebLinkAboutOrdinance 5134 N
ORT)INA 'CE NO.
ORDINANCE CLOSING HEARING AND LE'VV ING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF-
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE
VITY OF FORT WORTH, TEXAS: FIXING CHARGES AND LIENS AGAINST ABUTTING
INIZOPERTY THEREON, AND AGAINST THE OWNERS "THEREOF: PROVIDING FOR THE
D1'LECTION 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.
WIHEREAS, the City of Fort Worth, Tufts, ltas heretofore, ordered that each of the hereinafter described
��tveets. avenues and public place!,, in Wwlh, Texas, be improved by raising, grading,
ov by constructing thereon tovvit,
HULEN STREET.- FROM, VALENTINE STREET TO GEDDES AVENUE, KNOWN. AND DESIGNATED AS
UNIT NO. TWO, A 7 INCH REINFORCED CONCRETE PAVEMENT WITH '7 INCH
CURB AND 2 GUTTER ON A 60 FOOT ROADWAY,
RECORD
CITY SECRE',"i"Aill"i
RI,"if If
FT" "VINID I
. , . .
- ^
. ` ^
The above, together with combined concrete curbs and gutter on proper grade and line where same are not already
no constructed, together with storm drains and other necessary incidentals and appurtenances; All of said improve-
ments are tobmso constructed usand where shown on the Dlooa and in strict accordance with the Plans and
8Daoficutimos therefor: and contract has been made and entered into with WORTH CONSTRUCTION COMPANY
for the making and construction of such improvements oo the above said portion of streets, avenues and public
D/ooea.
WHEREAS, estimates of the cost oI the improvements of each such portion oC streets, avenues and public
places were prepared and filed and approved and adopted by the City Council of the City, and time d place
was, fired for ubeariug and the proper notice of the time, place and purpose,of said hearing was given and said
hearing was had and held ot the time and place fixed therefor, to-wit' on the--9--.-day ,
19�p4__, . 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-vvit:
'
� ____--protested that
`
tootodthut
'
__protested that
---- protested that
-------- --------_
protested that
------ --- -- ----- ----- -- -protested that
-protested that
-protested that
-------- that
° ~
. ,
IV.
Where than firm or corporation interest i any property above described, each .
said person, firm or corporation shall be personally liable only for its, her or his 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 respective interest in such property may be released from the assessment lien upon pay-
ment 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 per cent (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, 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 aunua so uooeaaed against the abutting property and the owners thereof shall be and become due and
payable as follows, to-wit: in five (G) equal installments, due respectively ou or before thirty (80) days, (1)
two (2), three (3), and four (4) years from the date of completion and acceptance of the improvements in the
respective unit, and the assessments against the property abutting upon the remaining units 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 said date at the rate of six per cent (6('(' ) per annum, payable annually with each install-
ment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the
completion and acceptance of the improvements in a particular unit, assessments against the property abutting
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. 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 principal or interest
promptly as the same McAtUres, then the entire amount of the assessment upon which such default is made shall,
at the option of said City of Fort Worth, or its assio-ns, be. and become immediately due and payable, and shall be
collectable, together with reasonable attorne'v's fees arid cost of collection, if incurred, PROVIDED, however,
that acting through its dul'v authorized Director of Public NA"orks the City of Fort Worth retains the right to
authorize payment of the Sums assesed against abutting propertY upon sucli completed and accepted unit in not
more than forty-eight (48) equal regular monthly installments of not less than $9.00 each, the first of such
installments to become due and payable riot more than thirt*v (30) days after the completion and acceptance by
the City of the particular- unit. PROVIDED FURTHER, that the Cit'v Attorne'v is hereby empowered to authorize
payments of said sums of lesser- installments and/or over u \unlo�er period of time in cases in which the Director
of Public Works has previously determined that an extreme fiouocio| hardship upon the property owner will
otherwise result; and PROVIDED FUDIBED, thutmuch method of payments uhu\\ be authorized only in ioatuooea
where the owner or owners of property abutting upon such completed and accepted unit shall have executed and
delivered to theCit! of Fort Worth u |ovful, valid and bindinr note and mechanic's and rnuteriu\nuuu'a contract
upon forms supplied by the City granting a mechanic's lien upon and conveying the said abutting property in
trust tosecure the paYnueot by said owner, or owners according to the terms thereof of the sums assessed against
such propertY.
If default mhuU he made in the Vu)ment of
x xn� assessment, collection thereof shall be enforced either u by
the me of the loVert b the �sueaaor and Co \ector of Taxes of said City as near as possible in the same oau-
x x!oren 1usey' or- at the option of the City of oe, provided for the sale oƒ pmpert? for the oon'pu�nuent of ad r
Fort Yorth, or its ooaigue' payment of said sono ahxU
he enforced by suit in any court of competent jurisdic-
tioo. or as provided in onY mechanic's or nnutedu|noun'o contract osaforesaid, and said City abaU exercise all of
its ]uvvƒu| powers to aid in the enforcement arid collection oƒ said assessments.
VII.
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 discriminaat ion.
The 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, it any, as may hereafter be allowed by the City Council as a credit
against the respective assessments.
1 X.
For the purpose of evidencing the severs-d.sunr; aria, essed against the respective parcels of abutting prop-
erty and the owners thereof, and the time and terms of payment, a,md 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 Dort " forth, Texas, upon corpletion 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 b;a,' the mayor in the name of the City and attested by the City
Secretary, with the corporate seal of tire City unapressed thereon, nand shall be payable to the City of Fort Worth,
or its assigns, and shall declare the said arnourrts,, t.ilne and torro of pa'vment, rate of interest, and the date of
the completion and acceptance of the improvcmen8.a AhUttillg° upon such property for which the certificate is
issued, and shall contain the name of thcr ov ner or own:ners, if known,wn, description of the property by lot and block
number, or front feet thereon, or such other bast il&on u°aw'v otherwise identify the same; and if the said
property shall be owned by an estate, then the air:."'Criptioar of ,raarne as so owned shall be sufficient and no error or
mistake in describing any property, or in ;riving, the n; no:, of the o,ak' rer, shall invalidate or in anywise impair
such certificate, to the assessments levied.
The certificates shall provide substantiaall*v thaat if . aarrle shall not be paid promptly upon maturity, then
they shall be collectable, with reasona�able� 'aAtortlw" foxes and co,,Os of colloc°tion, if incurred, and shall provide
substantially that the amounts evidenced t.het'O) �;hraall lrr pr< id to the Assessor and Collector of Taxes of the
City of Fort Worth, Texas, who shall hi,"' which be evidence of such payment on any
dernand for the same, and the Assessor and (°oHec:tor of q Ri�xos ,-duall deposit the sums so roceived by hire forth-
with with the City Treasurer to be kept and held by 1)h'n in as separate fund, and when any payment shall be
made in the City the Assessor and Collector of Taxes Upon such certificate sh,all, upon presentation to him of
the certificate by the holder thereof endorse said payment, thereof, if such ct,rtiYicate 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 endorsern neat and cra.Ait shall be the Treasurer's Warrant for
making such payment. such payments b�° thr= l"re�a.,arrer� sli a1i Iaa,G raa,:c^ulrta,cl for the holder of such certificate in
writing and by surrender thereof when the pr-incipal, cc ith accr°u(Nl interest and all costs of collection
and reasonable attorney's fees, if incurred, lave [well paid in full.
Said certificates shall further recite sulstantially tlud thcs proceedings with reference to making the
improvements have been regularly had in conrplianc-c withh the lama, and that all prerequisites to the fixing of the
assessment lien against the property desc'ritaed in snaa"lr certificate and the personal liability of the owners thereof
have been performed, and such recitals s sh'al'l 1'be prim,t faacie evidenc r_, of ra1l the matters re�e ited in such certificates,
and no further proof thereof shaaH be required in ,knY ro ul•t.
Said certificates may have coupons attached th resto in evidence (J each nr any of the several installments
thereof, or may have coupons for each of th�a,a th'St four iN'.'ik11hllents,� lc�aa ing the main certificate to serve for the
fifth installment, which coupons may be payaal)hl' to than Citt of Fort \N;orthr, or its assigns may be signed with the
facsimile signatures of the Mayor and Pita° Rc�r,r°etar.rw .
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
ments therefor in any other unit.
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 anv 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 11.05b of Vernon's Texas Civil Statutes, which pct 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.
PASSED AND APPROVED this__'' � ____day of � .� . �` 19 �^ -
APPROVED AS TO FORM AND LEGALITY:
57
City Attorney
> "o I N ID CC) ON
co
4w Va.
CT 0 C\j 0 04
Lo 0 to
ON
O C\'
0, \0 C;\ to
Lo co
i co CY)
c
c
C�
It
0 8; cy)C�
0 C 8
LO 00 r,
G\
::D CY)
iR C) co
air! H phi 1A 4w A& 4& 4*—1
r-q 0 I-q 0,
co Ln m %0 0 110 c
0 Cl) ci 0 • • •
0 "tj
-4 tl- co r-q N I
\0 IT 0 N r-q
cy
co i)
s.
O4 0
IOM
c 4 LO LO
�2 1 (T Oj 0\ cq
C) I w ft
64 C\ 0\
OD co
--q I-q 0:) CO
C) 0
cn
al DA
in
E-4 In
ad
O4 0 - o 11 t,-- 0 IT
—4 -43 r. q r- 01, 3
41 C14 cy) 0 4-> 6
r-I @) 01 (; S 'r-I Ri
0 0)H 4-3 (1) 4-3
�j 0 $4 0
E-4 4-)
C)
0) a) CD co
X P-4
N LO
\0 1-4 ON V)
0% Lo 1-4 Clq ON
U4 C\j
C) CY) cli NJ- C"i NT
(21
th co•0
H 0
AO 0 110
OD
C; N LO
01
P4 co co
6-4 N
E-1 rl*
Fj n
•
0 ci co
ON
P r-1w
C: P,
0 0 >
'. s
P. �D 0 ON 0
n
0 P4 co
P4
O`
�
ON 00
0 0 cli LO -CY)4 CY)
C�
Cf) Si
0 N C14 ON
CO 0\
o 0 0
LO CY) r-4 Ltd LO
LO I- co LO co
-
-P -P
As Ej
-0 (D
LE4
U) to
C-4 co co C)
rl 0 E-4 C)
P;
LO 0
LO
C)
-P 0 �q 0 4-)
0 $4 C) .,4 C:
0 2� U)-P 0 2
06 CO 4J Q
a -rq -P 0 N N +> ;:3 -P -P
CO 4-> H r-I Cd C C H �q 0 Pi k
0) C 0 (D 0 x 0 10
to k C) "4 -14 -P w L14 W4
0 m 4A rq a) 0 r-I 4-f 0) 44
> 0 [A aw 0 C: 0 0
�q 4j w -H r-I 4j c
P4
:34 0 Odd C) c3 rn U 0
itn i
U)
OD II
pi C•1,131j, CY\ cN
4J CY) 0 0
(�I) 0
Ham)
-1
4-) C) 4-) Q)
. 4-)
0 0 -0 -0 +-)
-4 (D (1) >
-1 41 H +) FA 4-) H 0 (v
Q) 0 ro 0 0 C) 0 134
4-)
Ncni (D (D $4
.,-I rj 0� Z3 x
Cl) Uw
0 0
0 00 Lo 0
N r-q co co
0 Eq 0 0
€ , I co co
F-4 M co 0 (ON ci
I�r Q N 0
r-i r-4 r-I Cr\
C
0 0 Y)
\0
E-i E-A 4c)
;n OD \D CY) \D
tb P.. C\j r-i
W r=
0 0 P14
P4
rb;:D 0 OD 0 0 0
r24 C14 C\j 0
Ej 1�
OD OD CP \0
CY)
0 00 0 (Y) 0
r-q
:5- U)
E-V
'D
EA
LO 0 0 0 0
• ci LO
LO IZI- OD
rc I
4->
E-4 04
P4 Ej :11: r jo,
P4 m (1) C)
0 P4 S1 0
V2 E-1 r-I
E-4
0 CY) (Y) rmq 14
E-4 0
P4 .-1 4-1
0-e PCI 0
OD
0
C\j 4
C:
o 0 r-q
0
(3) Q) X U 4-) C:
cc: 0
0 rQ 0 a) r- 0! �� = C) I
(3) 114 J!:3 0 CY) 4-) •
:3
0 0 cc
a co 00 4-) LO
-C� "I" C S
ri LO r-j 0 a) LO 0 co (v
CID
op,
bbi E-4
0
L-
r4 LD 0\
U2 P4 ve 0 r
4-)
�3 co to 3 1-4
in C) a4 126 c 3
0 OC)
(1) U) �Q k -Q •ri to
-r-i
x :3 :3 LU r-q C14
C) pi C) C)
04 1- --1 qt C14 0
C\l LO
rA
C7\
C\l
Lr) LO
04 Ln CV 04
E-i OD 0
C')
.4 -4 CY)
C\l
� Pr4'
as
0 0
0
0 0
04
0 C;
. 0 00 0 C14 0 0
0 0 0 0 0 0 0 OM 0
0 0 0 a
N N Ln 1� 0 1• t-!
C\l 04 04 N It
E-1 o
P4 Ej +3
14 t; C-
E
V2 E-4 -� 4
P4
0 �q r-4 44 q C\l C14
E-4 C) Ln
P4 1-1 4-1
0 0
10 A OD C\J (N 05 It v
gn E-4 (� ft ft 04 oz, cl -
0 r-q 0\ 4% 0\ 4•4 0\
z C\j r--q Cf) 0 04 O=i CY) r-4 CY) 4
4-) 4-)
0 I-q 0 0 0 0 0
�3: -Q —4
E� —4
41 0) 0) 4-) 4-)
FA �,4 0 k k
0 r-j H 0 0 0 0
04 o +) cu P4 44 w LLI
a) 0 • 44 0 4-4 44 44 44
44 F- cr 0 0 a) 4 0) 0 0 0 0 0
C-4 ro U V- a r- >. k r-4 a) >• >• >-
-4 W Cr) 4-) 0 C\l Moll -P -P +)
• CO • LO 0) co :3 0
wW PP4 w CV tJ t7 CO W CO
fn
cn
E-4
E-4
P!4 z
H
.A, .'jg
W 0 (m)"
opt II
� 41
C;4-)
0 4-)
(1) 4-)
U) (a
uj N 00
C\j 0 0 0 Lr)
00
P4 CN
0 tri
}pro ( t�aOA � •C,
•
Lf
C) co 0
F-I W- 'o
PL,
ry m Pi E-4 co rD
E-.f 00
It rL. � C�l
P4 cr.,
. P
0 N 0 C
co
op
fa. LN
0 0
EA LC)
0 0 C\j 0 C• ci CU
C\j
LC) LO co M -4
E-4
4-)
4
U7 C)
E-4
E--, 0 0
P-1 A CY) 44 in
9-1 pq :3 .0
4-) CO
(Y)
r'll 1,4 Lo n n co Q�
m +) C)
0 H H 4-4 H a)
= 0 0 0 0 0 1
4-) 114 114 4-) 4-) P4 (n
a %zr (0 0. as a)
a) LH 44 (1) m -4 44
C: 0 0 4a) QQ W4 0
PNI 0 m -r-I ri J-) LC)
K
City of Fort Worth, Texas X:
Mayor and Cotfncil Communication
CRATE maR c � . Assessment Paving, Street PACE-aa
3/16/64 % Project
as march 2, 1964, the City Coax a it awarded as contract for the Assessment
Paving a i i ulen Street and apt March 16, 1964, the date of the 4pnefit
hearing ,' C-250). A Neighbothood Hearing vas held at the Brooklyn Heights
Elementary School on Fdbruary 10, 1964. The project consi is of the follow-
ing:
t; Street await
i
Wen Street Valentine Avenue to eddes Avenue
it is the opinion of the Public Department that, eadh parcel jai property
is benefitted in an amount equal to or in excess of the unt recommended
for assessment.
It is recannended that an ordinance to adopted closiAg the hearing aaud levy-
ing
JLBIGA
Attacfanents
Attachment "All Resume of the project.
Attachment "B" Distribution of coact and assessments; results
of post card survey.
AtWhmont "C" Assessment rolls in alfhabetical order.
C
w
nrrril9"r 11f
iii;
r
�.
SUBMITTED BY; DISPOSITION BY,,00UNCIL PROCts'stasy
�+� 61TY SIAMMY
SATE
CrrY MANAGER
..m„„
/6 .,,,,,,;i,