HomeMy WebLinkAboutOrdinance 5535 ORDINANCE . 0. 4`, "
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF_ FOPEST,,,PARK BOULEVARD EXTENSION
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
portions of streets, avenues and public places in the City of Fort Worth, Texas, be improved by raising, grading,
or filling same and by constructing thereon to-wit:
1. FOREST PARK BLULEVARD EXTENSI_,N: From East-'nest Freeway to Viest Side
Connection, known and designated as
Unit No. 1, project 094-23000-107? a
7-inch reinforced concrete pave-rsent
on a 44 to 64-foot roadway.
2. NEST TENTH STREET: From Forest Park Boulevard Extension
to Penn Street, known and designated
as Unit No. 2, project 094-23000-1079
a 7-inch reinforced concrete pavement
on a 44-foot roadway.
3. 7ir T FIFTH STREET: From Forest Park Boulevard Extension
to Penn Street, known and designated as
Unit No. 3, project 094-23000-107, a
7-inch reinforced concrete pavement on
a 44 to 52- foot roadway.
4. PUkCEY STREET: From 'Nest Side Connection to West
Peach, known and designated as Unit
No. 49 project 094-23000-1079 a 7-
inch reinforced concrete pavement on
a 40-foot roadway.
The above, together with combined concrete curbs and gutter on proper grade and line where same are not already
so constructed, together with storm drains and other 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!fiOkTH CGi61RUCTICN CU6,ANY
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 the 7 —day of March
19 66 9:30 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
_._ _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 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 hearinh- 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.
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 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.
M.
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:
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, 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(,x�) 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 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 installments, due respectively on or before thirty (30) days, one (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 matures, 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 assigns, be and become immediately due and payable, and shall be
collectable, together with reasonable attorne'y's fees and cost of collection, if incurred, PROVIDED, however,
that acting through its dul'y authorized Director of Public Works the City of Fort Worth retains the right to
authorize payment of the sums assesed against abutting property upon such completed and accepted unit in not
more than forty-eight (48) equal regular monthly installments of not less than 59.00 each, the first of such
installments to become due and payable not more than thirty (30) days after the completion and acceptance by
the City of the particular unit. PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize
payments of said sums of lesser installments and/or over a longer period of time in cases in which the Director
of Public Works has previously determined that an extreme financial hardship upon the property owner will
otherwise result; and PROVIDED FURTHER, that such method of payments shall be authorized only in instances
where the owner or owners of property abutting upon such completed and accepted unit shall have executed and
delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's and materialman's contract
upon forms supplied by the City granting a mechanic's lien upon and conveying the said abutting property in
trust to secure the payment b'y said owner or owners according to the terms thereof of the sums assessed against
such property.
N'I.
If default shall be made in the payment of any asse:!;sment, collection thereof shall be enforced either by
the sale of the property b'v the Assessor and Collector of Taxes of said (`it'y as near as possible in the same man-
ner provided for the sale of property for the non-payment of ad valorem taxes, or at the option of the City of
Fort Worth, or its assigns, payment of said sums shall be enforced by suit in any court of competent jurisdic-
tion, or as provided in any mechanic's or materialman's contract as aforesaid, and said City shall exercise all of
its lawful powers to aid in the enforcement and collection of said assessments.
The total amount assessed against the respeclNe .hr mealy of ablotting pnoerty, and the owners thereof, is
in accordance with the proceedings to the My Mating to said improvements and assessments thereof, and is
less than the proportion of the cost allwvNj and lmniAttNI by the law M force, in the City.
V Ill.
"hough the aforementioned chaMvs have bmwi Oxed, Imlet and as wmpd in the respective amounts
hereinabove stated, the City Council does hereby re,,wrve unto Mf the right to reduce the aforementioned
assessments by allowing credits to certain Inwperty ownein where deemc�d appropriate, Notwithstanding the City
Council has herein reserved the right to Que tiydiW, it shnH M Q required to is-;ue credits, and will not do so,
if same would result in any equity anQur untint dhedmAmMin.
The principal amount of each of the mevoiml assessment certiticates Lo be issued the City of Fort Worth,
Texas, as hereinafter provided, shall be fixel ami detvrirnhwd b,' de'dUkAin • J`n-,)m the amount of any assessment
herdnabove levied such amount or zonourds, ff any, as may hereafter he Olowed by the City Council as a credit
against the respective assessments-
DV
For the purpose of evidencing the sevviod,nnig ann"ol agOnst the mspa,tive pareels of abutting prop-
erty and the owners thmvof, and the thne smi town of Ntynnent, and to aid & the enfoivennent and collection
thereof, assignable certificates in Lhe prrencipal ainount of the respective assessment's less the amount of any re-
spective credit allowed thereon, shall be ia 'sw'A [)'v Hie or Foit Mnlk 7'exavc upon completion and accept-
ance by the City of the improvements in vack urdt of improvenant as the work in such unit is completed and
accepted, which certificates shnil be executut! !I the nmyor in the name of` the Oor and attested by the City
Secretary, with the corporate sny (sr th IS impressed t1wivon nim! shnH be payabW to the City of Fort Worth,
or As assigns, and GO dmkuv Ow .,Ad nninomas, M! and V"ns ;I pAynieia, rak-, of interest,, and the date of
the completion and acceptancr e. f. lion &iproV;'11'uc'r1(s ahutlinjg Ullon zauch 1'�wtqwrty for whielt the certificate is
issued, and shall contain the name of the owwor ur emTers. it Ann" Pia dvscriptNai uf the looper' by lot and block
number, or front Mt thereon, or such raher dissiplinn as uii�aenvlsc identify the same; and if the said
property shall be owned by an estate, Mai t o desKjAm of samn As so ownNI shall be suMcient and no error or
mistake in descriNng any jmqxxO% ;w in ghdinw the name od the owum% shWI KUM or in anywWe impair
such certificate, to the assessmont; R&O.
The certificates shall pnivide substauthtHy Ow it same MH not be paid plownpLly upon maturity, then
they shzdl be ca4lectable, with mawmaW" nUorpugA Fevs and ( • A of MOM, if incurivd, and shall provide
substantially that the amounts Uwr( h' �Jo(H JA' paid to the Assessornnd CAlectorOfOxesofthe
City of Fort Worth, Texas, who shalf bauo hi, nxvot &MY, whdt BY! he oxide ernes or such payment on any
demand for the same, and the Manwir ;md (ATsUr. "I Umy MY dplaWt Jie sutm; so received by him forth-
with with the City "Upeasuivi: to 1w keld ar"I hewl ly- him 0 ,a sopar"'ae furid, and vhcri any Ix')iyment shall be
made in the City the Msessor antol ('116chn: of Un s ulan such ivrOMP sh.,ffl, upon, pr(.'sentation to him of
the certificate by the holder there eweref,nra,e .4"Irjwf throviol*, U slich 1)4,,^ .o.ssigneoi then the holder
thereof shall be entfl,led to receive famn H", 1"rea'suilq- Me anumint pakf upon the pr(,.asentation to him of
such certificate so endorsed viand croMM: aml sudi enrkowin"! ap"I ml% shall bc, the 'Treasurer's Warrant for
making such payment. Suth paymests Q thu Tr"wAns shOl hP nweiplod foT the holder of s-ach certificate in
writing and by surrender thereor "'On !hv jOnvInk i"g0hor "M oTinwd and all costs of collection
and reasonable attorney's fees. if incurraY, ha%w, In in paid N.M.
Said certificates shall fudher iMM substantidly IM the pm • "Hngs Mi reference to making the
improvements have been mgUnHy imrl in com[Ohinvo milli the In", alld thwo Of pre"qpMes to the fixing of the
assessment Hen against the proppily eta olluml in siwh ci&kirnie n uid the lialdlity of the owners thereof
have been performed, mid such n hals shAi we pvfr'wi. t'se'fo' e" idoiii"i, (d'A I Q matters cocited in such certificates,
and no further proof thereol sJ�,,dl he iorpiircd are rM'V r(Port.
Said certificates niny havv cotqwng Macll'd thoroto) ki rviden _1 of vach w any of M several installments
thereof, or may have coulwn; for nwh & Jiv nist runr ks,,ning, tho main cMflcate to serve for the
fifth installrient, which coupons lrna'�'c he, pay"nde to thin ("hy of Owt lVorK or OA anAgns may be synedwRh the
facsimile signatures of the I.Jay r and (ri,
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.
X V.
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 o f ! _
APPROVED AS TO FORM AND LEGALITY:
Citv Attorney
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00 .7;7V;R7eTnt:` V=aV15,907"" RUFF 11577,
004-23000-107 : � Olt'M
On February 21, 1966, the City, lunch awarded time coutract for Assao#mpat
'Paving of Foratt :dark Boulevard Extension, Proj 3 1,07,, Vim;
set, March 7,,, 1966, as the date fat the Benefit Hearing C-651). The
projtct includes the AMR, units :
PIADAY
NIT . w "
/ii
',.
Parest Park Blvd* E ast-West r t
Mention West Side Connection
W. Tenth Street Forest Paxk Bled. Ex t. 44 feet 6P feet
to Penn Street
, ; W. Fifth Street Forest Pare Blvd. Ext. 44-52 feed 75 fait
Vim) Purcey Street West Side: Connection 40 feet 60 feet
to W Push Street
n February 21, 1966,, t e contract award communication inadvertently omitted
the nocessary transfer of bond funds m ance thassessment wing of
men , Fift h and Purcey Meets. The entire project o , n Audi ntr ot-
0,, right-of-way ac u ian, construction, and miscellaneous expenses, is
follaw-
Las project 1 Finat
Forest Park, 'J�oulevard Extension 09166 CIP Page , Wepta,,ide
CI ecti on (1966 CIP page , m ing 1 I�
Pa#e , and Assessment ent Kving RelvdIving,' Fund, � > : " ro'go,
Racent review of right-of-way re men ts indicates that some acqpisitl0a,
planned l earlier may ° ode , making it advisable add, to the s
Laukry aod the First Baptist Churdh. the act acb d Tolls efi w ill,
vised assessments.
It is the opinion. of he. Public Works, Department that a h parcel of
property m e an amount equal to r in excess of the,
recommooded for assessment,
uWNi f
IJ Y
a
�`�h
, "o
�uoomwdi�dao uowfNaa . ""'
I
f ':
PAR ,..,,,
n �
Fit4TE REFERE BUBJs Tw Assessment Pavixig of Forest Park, PAGE
NUMBER „Bou,Levard Exten-sion, Proect,
G-916 G� - n01 -x..07 A-191) of �
It is r craarua ended;:
1 That the halal. iIag boiid fund t ,,u s be approved;
AMOUM, FROM TO PURPOSE
$59,284 .48 um w 1" ,,w„ 000- o 104-240010-1,07 the pity'
Uns ecif ied Forest,: Park "blvd. share of the avrast
Assessment Paving E t ens a:°°a of street urq)r+ vel
inients to Units 2,
3 and 4 Of the
project.
That or in�sa"ace e adopted closing,... the: hearijig and Ie° ° °inr; the
assessments as proj.)osed.
Attached",a.ched ar the o ll lana'wi n suaararua;ri s
"A" - Resume of the Project
�^ '"� Distribution cost alld assessments an ult of Post Card S,urvey
C" - Assessment Rolls in, alphabetic,al order
1"
��a J
BU ML D BY ml �c"rioN--------.Y-. P V BY
APFRO - 4iR aDEB PNBEa
w
/ ITY,St
ns .�...
CITY MANAGER �
ell-