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HomeMy WebLinkAboutOrdinance 5636 ORDINANCE N . ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF______ VICKERY BOULEVARD 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: VICKERY BOULEVARD From Forest Park Boulevard to 2200 feet East, known and designated as Unit 1, Project 104-24000-147, a 7 inch rein-' forced concrete pavement on a 44 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__ Worth Construction Company 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_ 29th day of August , } 1966 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: ..... _. ---__— . ._._ . �.. _..,a_,........ -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 v 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 rifEREFORE: 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 protest and objections, and any and all other protests and objections, whether herein enumerated or or not, he and the same are hereby, overruled. The e Ci t*v 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 heneits 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 proper-tv 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. III. 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 v named herein or not) the sums of money v itemized below opposite the description of the respective parcels of property and the several arriounts 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 "r - thereof, and interest thereon at the rate of six per cent (61�' ) 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 t-he 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 (61 ) 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 yment 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 attorney's v's fees and cost of collection• if incurred, PROVIDED, however, that acting through its duly authorized Director of Public Works the City of Fort Worth retains the right to authorize payment of the sums assesed against abutting property Up011 Such 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 not more than thirty v (30) days s after the completion and acceptance by the City of the particular unit. PROVIDED FURTHER, that the City v Attorne'v 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 extrerne financial hardship upon the property owner will otherwise result; and PROVIDED FURTHER, that such method of pa'vynents shall be authorized only in instances where the owner or owners of property y abutting upon such completed and accepted unit shall have executed and delivered to the City' of Fort Worth a lawful, Valid and bindinc, 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 by said owner or owners according to the terms thereof of the sums assessed against such property, If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the property v by v the Assessor� and Collector of Taxes of said City as near as possible in the same man- ner provided for the sale of property\11 for the non-paYment of ad Valorem iaxes, or at the option of the City of Fort Worth, or its assigns, pa'yrnent of said sums shall be enforced 1,)y 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. V IL The total amount armessead aagaha ,t the rislowl ve im mM of abr.attiragpp° ywoperty, and the owners thereof, is in accordance with that proceeding's cf Lhe City r°eN Haupt~ to M aarq>mavemvnLs and tas essments thereof, and is less than the proportion 1 a.. the Lvvv i�rl .for°c,e�,:e in thc: City. p p ion of thc� e�^ca..��t a�aldeereeuef �arac# tact°aayatfeu� pa l lT. Although the aforementioned charptes inivW!ie been fia;K levied, aaxid assessed in the respective amounts hereinabove stated, the City Caa'uneil does hereby reserve unto itseW the right to reduce the aforementioned assessments by allowing credits to certain prnhaebr°ty owners where demned appropriate„ Notwithstanding the City Council has herein reserved the right: to issue credits, it e,loa H not be required to issue credits, and will not do so, H same would result in any equity and/or unjust ulise r•irnkatia°n The principal amount of each of the saa,u,ora�fl nssen,sniont reirtP4frcwWs to be issued the City of Fort Worth, Texas, as hereinafter provided, shall be Axed <ami dwWruOnNI by c9ducting front the anvmnt of any assessment hereinabove levied such amount or amourrts„ H any, as inny pogvaafte:er° be nlloae(41 by the l.�Eity Council as a credit against the respective as serssnientz TX For the purpor.,,e of evidencing that Araa�vinl.sun aaar,bM,od again;tt: the respective parcaek of abutting prop- erty and the owners thereof, Hnd t1w tiruic Lind terms nr la<ayrnen& and to .aid in the enforcement and collection thereof, assignable certificates in t,ho pi lnuipraal aaniount of the Ye 1roptiv r assessments less the amount of any re- spective credit allowed thereon, .shall 1w imue>d Ira° they r'i'lr N' Fort Mcar Un Texas, upon completion and accept- ance by the City of the impivvPrr wnLs in (MCA i. Nt of irr,ilrr°a7v e rrwnt n s the %rwk hi guch unit is completed and accepted, which ceitificaates diaall tae vxmaarled by Me uaua vwr in tins rb,:a.rnp r�>f the (IQ and a tested by the City Secretary, with the corporate seal or the ( it.Y imprv::.,M 'trroreon, urrad r,lr,all be payable to the City of Fort Worth, or its assigns, and shall dec we the add ao-rarorasdt , r:nu a,ul Lenin of lwgnc:,nt„ rate of interest, and the date of the completion and arEaceptarice of the inip>r°nw i arlc nts nlmO tin ,. upon property for which the certificate is issued, and shall contain the name of Lhe =wr or e4ru-irv= s, �1' ],:nw,,,n, des( KprMn of the propaebrt, by lot and block number% or front Peet 'theea rron,, or ,:t"T other dos;; igye iepap, Ns may N Or"Ise identify the saa.nie; and if the said property shall be owns! by an Man ]lieu UP ¢pvv r Kpar.ion arI ,aaamo ,rs •,e ov,, i d shall be Mdmlt and no error or mistake in describing any projAq ty, r>i irr g i roll the r4°rmc 9d the, vase is i% shall it vu didake or in anywise impair such certificate, to the nssessrnents IP !oral. The certificates shall pro Me aMt.riot, nthti'fy Mal if saine, sl"M not he paid promptly upon maturity, then they shill 64, e011eet°ta der°, "Uh a°e^„ sunaadala "Hur4ree,°-A Nos <irn6 ea, s of r°trllr tion, if" ineuvretid, and shall provide substantially tllr-at the mounts. e�ai�Pe.ra4 a�cl r�lre�i�e�lai� wl ,a.41 p,U� ,nt�ird rEa rlik _tti. �a�c „��err arnal e,'rrllee�t;or cut" ].'axes of the Crtt` of d°"e:)1't. Worth, Texas, KO i ME rs are= On i¢aa°All Wa b,hw. whra h .,11;611 In eac„i ieew o v.,f ,°,uch payment on any dennand for the :ranter, and the Aswasor on d a o,d44_w n'r o edejHU.rit ilrau crier received by him forth- with with the City lre u,'a.n-ev to he �in d b,, hir in a^. on airwo fi.iuL and w4idKgj °Ivey payment shall be made in the City the Msressor and tM°tt( r ;at"]'crave,w, ra°; Oc Sucll sdrarll, opoKn presentation to him of the certificates by the NAVY thmsoof" ,^r•ic1 Mrn, , dd pm inew, It "rich ceertiticaatch be a,r,signed then the holder thereof shall be entitled to recvive Ervin IN, My `1rni €ab,,r. tlre, amp ant batted upa«u thv pree.aentation to him of such certificate so cndor4.u.d and r ryepily d, and •,rrc_h malul viaiuld alai '114R �haa11 '1 cr the Treasurer's Warrant for making such paynwnt. SuF li pho ,l rcaa,,,urvi : mlf }re-, nNimp tod for the holder of such certificate in writing and by snnvndcer• titarrr o1 Nvh;Era t ha p,,°Iri4 ipr,.l r Y o,l n, 01h h art , r rived inteer°at and 01 costs of collection and reasonable atttor ney s fees, if i nun ri ed '4,= 449 I Wli l K I D MY Said certificates shall fur°thcr rr0p Ar.aWR.,aaitWI[ 1haav 1ho 1muccn4lairpps with rence to making the improvements have been ivgvlaarly had in ",raM dcr two Kh tlr" 1 se.n nud &V ball pra'i r mpirir~wi es to the fixing of the assessment hen <aparrret, t:ha" prN"ol i ly tla Y i brae'¢" 114 ut {r n°[ °W ;i.w , 01 tl P+ ]mcqw)n al liahility of the owners thereof have been pe.rf wmeil, ;md :* a l"t YP iINY Miall 0 1rr"4a 1" 1:1€'ka� e°`�'lale ri4 +' E'rl flp r,pps r'klai 6.tr l':= 2`a't`rt�"'d In SL1C}l C21'tlfrcate5, and no further proof thesi,erd l'adl Ire irr aar4 Said certitic-ates nug Me c eaMmm a r4.0 aG hni H~" in of each or a nv of the several installments thereof, or may have coi.rp�ew.ons Or each 4 the And l'um iirrn 411sm w le:o ar g the rimin cortMeate to serve for the fifth installinent, whkh cogwns rrwy in po „a1 e rrs Go a°it wC 11"I dt°r�r d_h„ or its assigns, niay be signed with the facsimile sigruaatures of the 'Mayor and a it v �­o� , ^ ^ ~ Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful when requested so to do' to aid in the enforcement and collection thereof, and may contain recitals sub- stantially in n] with the above additional recitals thereof, and it shall not be necessary that the recitals bein the exact form above set forth, but the aobat000e thereof abuJl be ooffioiout. The fact that such improvements may be omitted on any portion of any of said units adjacent toany premises exempt fxnoutbelieoofaoobuaoeoarueotaoball not io anywise invalidate, affect nr impair the lien nI such osaeaoozmotm upon other premises. X. Full power tomake and levy reassessments and to correct mistakes, errors, invmlid0bea or i uba�t�s either in the assessments or in the certificates issued in evidence thereof, is, in accordance with the law- in force io this City, vested io the City. XD. All aoaesaoueota levied are 4 Dormoom| liability and charge against the real and trneowners of the premises described, notwithstanding such owners may not be nmrood' or may be incorrectly named. XDD. The moamsonucots so levied are for the ionDrovezoouta in the Dmrtino}or unit upon p/bicb the property described abuts, and the uoaeaaoueuto for the iouDrovmoueotw in any unit are in nowise affected by the improve- ments or uomomorumotu in any other unit, and in making aaaeoocoaotm and in bnLdbug said hearing, the oruonots assessed for improvements in any one unit have been in nowise connected with the improvements or the assess- ments therefor in any other unit. XDD8. 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, buovvo as Chapter 106 of the Acts of said Session and now abovvo as Article 1108b of Vernon's Texas Civil Statutes, vvbinb Act has been adopted as an amendment to and made a part of the Charter of the City of Fort Worth, Texas. 7C%V, 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 o2 Fort Worth, Texas, and by filing the complete Ordinance in the appro- priate Ordinance Records of said City. XV. This ordinance abu\l take effect and be in full force and effect from and after the date of its passage and itiaonordained. PASSED AND APPROVED this day of APPROVED AS T0 I/OIl&I AND LEGALITY: mw ^u~rn". 5 � C; r. 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H U) , 41 r. _*e r4 41 0 0 0 z UJ LU 0) p a) •A u u x ca pq "0 41 3 w -4 -4 ca to z ^ . 0 0 I 41 rn a u 5 > P4 En C4 u cn 0 0 cu 0 0 r4 . to •rj 0 E-4 ci �a 0 C4 -w ri z u 0 0 0 IV 0 U) U) .0 E-4 1-4 0 N 4 u z 0) 0 Pi Cd H u Ei %It C) x OD W MM - ON co r, ca C) IV • 0) C:) 4J -H O 4J cl r-q -1 CY) P4 fra N E-4 Pd LM ca u tn W z City of Fort Worth, Texas c r and Council Commun � , +o mamu�r� GRWA DATE REERENGE sm�B-IECr: lleriefit } � Vickery PAGE NUMBER var"d Widening and Paving or . it/29/ C_ 8 7 On August 15, 1966, t :- unci a aided the contract for Assessment Paving Of Vickery Boulevard, and set Ammdmrst 291 1,966 as the date for the Benefit Hear- ing (MW C=772) . The pro, ec't includes the following: Roadway Street Limits Width R.O.W41 Vickery Boulevard F(.,rarest. Park Blvd. to 2200 44 feet 60 feet feet East An independent appraiser, retained the Public Works Department to deterarmine the benefit of ttie paving to properties on Vickery Boulevard within the limits of this project, reports it is his opinion that each parcel of property is bene- fitteid in air amount, equal to or in excess of the recommmmnended assessments. The Public Works Department and band Division concur with the appraiser that each parcel of property is benefitted in an amount equal to or greater than the re- commamTmended assessments. Additional, Information At the timmme of the award of the contract, Council Members were provided ace s_ mmrerit rolls which indicated that the project 'had been, initiated by the City. 'l."'he text of the resume reported that the project had been petitioned by a comma- jority of the property owners excluding the railroad property, The assessment rolls and summary sheets attached to this cotamainication have been corrected to indicate which property owners have petitioned the improvements and, the per- centage of property they represent. No other changes in data from the contract communication are included in this co msmunication. Recommendation It is recommended that an ordinance be adopted Closing the he in and 1e the assessments as proposed . OFFICIAL RECORD I WORTH,Lj.l AAttached are the fo'l"lowi'ng: E � ! f. "A" - Resume of ttie Project SAP" - Distribution of cost and results, of Post Card Survey "C" - Assessment Rolls in alphabetical carder. � `APPROV D *"6`rm# R (DESCRIBE) f�f� �s �wBNP SUBMITTED BY: D$S 1T6DI RY COUNCIL: I /'�� / C >yY n DAjf' „ x Ale" I '4adl" CITY MA1 AGER aid � ,i,i,,..