HomeMy WebLinkAboutOrdinance 5733 ORDINANCE NO._-5YJe�_
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF-- e—L
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 her,etofore ordered that each of the hereinafter described
portions of streets, avenues and public places in 0 e Clt,y of Fort Worth, Texas, be in'tproved by raising, grading,
or ii1fing same and by constructing thereon to,wit:
1. 33rd c-reet: F'ro'l t;ie 01"
to thc of "no-n
as a 7 "r�ch'
11 fCq"'�4-
J
w
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
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_.__ __._.—day of ,
19 , 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 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 Cit'v Council, from the evidence, finds that the assessments herein levied should be made and levied
a'o-ainst 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 1)y 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 v abuts and for, which 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.
There ,;hall 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 riot) 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:
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-
nient 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 (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 F.gainst 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 (611, ) per annum, payable annually with each install-
ment, except as to the first installment, which shall be due and pa'yable 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 accel')tance. 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 attorney'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 upon 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 (30) days after the completion and acceptance by
the City of the particular unit. PROVIDED FURTHER, that the City y 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 b\ 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 by the Assessor: and Collector of Taxes of said City 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.
VIL
The t= amount against the resImMe pam& of abMng pr• Cwo,y, and the owners thereof, is
in accordance with the Imaceshngs of the Chy Wanting to said Improvements and assessments thereof, and is
less than the proportion of the cost albmim! and pennhad Q Me law in force, in the (Tity.
V111.
"hough the aforementioned chargc�s lunve Wen ixed, levied, and nssessed in the respective amounts
hereinabove stated, the City Council docws hereby rescwve unto iNdf the right to reduce the aforementioned
assessments by allowing credits to certain property owners where deenwd iq)propriate. Notwithstanding the City
Council has herein reserved the right to issue credits, it s0dl not be marl hvd to issue credits, and will not do so,
H same would result in any equity and/or, iinjust
The principal amount of each of the several assessmem epytific8tes to 11�e issued the City of Fort Worth,
Texas, as hereinafter provWN, shin be 9ixee1 and determinod by d(IdUCting WMI the amount of any assessment
hereinabove levied such amount or arriourits, if any, as may heivaRer he Wkwed by the City Council as a credit
against the respective assessmerit,;,
For the purpose of evidencing the severnVsunis ai;so. eod ,agidnsL the respective pnrcels of abutting prop-
sty and the owners thereof, and the Way, mind ternis of paynient, and to aid in [he enforcement and collection
thereof, assignable certificates hi the pi?wipal ommunt of die re:spective assessinents, less the amount of any re-
spective credit allowed thereon WH be issued 1, the Nty id ]AM "01h, Mac upon completion and accept-
ance by the (Ity of the improventomts in koch emit of Quavonent ns the work in such Unit is completed and
accepted, which certificates Will he exmWod hy the nugor in Lh—"mne of the (Ity and attested by the City
Secretary, with the core matte seal or tht, (T—impresAed thpn4m, and shall Wy ppybW to the City of Fos Worth,
or its assigns, and shall dekdare th ,aid Hnw and twTis or 1mymwO, ra1v of interest, and the date of
the completion and auvptamT of the WipowwripAs ViOfing up(w s-)och property fon 'which the certificate is
issued, and shall contain turn n;'uno of [ho or if Ginn, o, ek,srriptiori of the property by lot and block
number, or front feet thviomn (n- wich 00i d,,iS,Jptjnn "Is nmy' idlenLify the eame; and if the said
property shall be ownNI by an tatsdo, Own I he &=O(hm (14 samp an m) owned shall Q sufficient and no error or
mistake in describing any p"jxT1.,4 or 5, gking W"s imno, 4 the otv:"T, shall immUlae or in anywise impair
such ceilificute, to the assessmynk Wied.
The ceit%ates shall pin wide si0stantiall" WUL if SaW ShaH W 1W 1W jo-Otllptly upon maturity, then
they slwdf be oMectmIde, with namovWhi m!"ru400 reps and coMn of (aHNIVrh if incuimih and shall provide
substantially that the anvnins Wdemal thvwq- WH Q jold to Ph: Assessor and Wlector of Dixes, of the
City of Fort Worth, Kxas, win) WH issio his ;iMIA 1WAK whkV WH he uvidenre of such payment on any
demand for the same, and the Axsi4sov mini CoMmw or Kxes stun QWL the sums so roceived by him forth-
with with the City Tre�asuvor to 1_)o ketA ,(nd Irw BrE by 11im in a sqwmav fAnd,, and when any payment shall be
made in the (Ity the Mspssor and =T NY, of Twus upoN SaWl CWKnIV SWID, HP011 presentation to him of
the certificate by the hoMer the"44 Pnthn° r snW Inyqw"L f lion qd, If stwh tiqlWahm NY assigned then the holder
thereof shall be undded to receive fimn the (TY I HILMirPr OW IMMW padd ihP presentation to him of
such certificate so endorsed said civdkek am! awh Piubyrsonvat nnH Nv0 I)e (.he, Treastirer's Warrant for
niaking such payment. prat rule Lhv Tlo.tmwr'l . 11,tll he tor the hoMei, of such certificate in
writing and by sus vwWr thav"if Won 10 jnhwoK LwqQDr "Th &wnwd inLl i,est stud all costs of collection
and reasonahle, :atturztey-7s fees, if Wunvik havi, pre q; Ito& in M.
Said certificates slud! fuilhvr iWle •iflWaWdly 1101 NO With reference to making the
improvements have bean mgWakly had in =wWwo " b h thu IN", mud JWO all j"imigdAtes to the fixing of the
assessment Hen agadnst the juvpaly dumTdwd W twjj tees inUatt, a;"! I I", tiadMity of the owners thereof
have been performed. and Ymchnilmls AM he jwhoN Win ovkhore of NH the innoars recitod in such certificates,
and no further proof theph4 ;W he rmpd"d in any W&.
Said certificates rmq We cotipins waNHY Wimv in c oC cach !w aLna of" time several installments
thereof, or may have coupoRs Cu r Paolm—AW, fir�"'t Cww tlW main cortmizate to serve for the
fifth installment, which coMAms naydw ;my We 5) t w (Ity or NO Wort h, on, W, w;shms may be signed with the
facsimile signatures of the Nlayiw Him! City Swivain
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 ueoeaanneuta or in the certificates issued io evidence thereof, is, io accordance with the law tnforce
io this City, vested iu the City.
X1.
All mooeuanumota levied are u personal liability and charge against tberoaluudtr000wuoraoftbeprenoiaes
described, notwithstanding such owners may not be named, or may be incorrectly named.
X8D.
The uauoaanuenta so levied are for the improvements in the particular unit upon n/bioh the property
described abuts, and the assessments for the irnVrnvezueoto in any unit are in nowise affected by the improve-
ments or uoaooazomntu in any other unit, and in making amoeaozu*nto and in holding said hearing, the uzoouuta
uaoeamed for improvements in any one unit have been in nowise connected with the improvements or the assess-
ments therefor in any other unit.
XDD1.
The uoaenmozooto 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 l^ogia}uturm of the State of gCmzmo, boovvo as Chapter 106
of the Acts of said Session and now ubon/n as Article 11O5hof Vernon's Texas Civil Statutes, vvbiob Act has been
adopted as an amendment to and made u part of the Charter of the City of Fort Worth, Texas.
XDv,
The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption ofsame
in the Minute Book of the City Council of Fort Worth, Texas, and by filing the complete Ordinance in the appro-
priate Ordinance Records ofsaid City.
Xv.
This ordinance shall take effect and be in full force and effect from and after the date of its passage and
itimaoordained.
PASSED AND APPROVED tbie ' o�
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City of Worth, Texas
f F MdOAAM4
Mayor and Council Communication MORP"'S
DATE "'FFRCNCF SUBJECT' Benefit Hearing -re Assessment PAGE R10
2/20/67 "'BER Q-105 Paving, of 33rd Stet (GIP A-161 I of 1
7,
On January 1,6, 1967, the contran,A' was awarded for the construction of 33rd
Street from Long Aventie Extension to Sylvania Street (H&C C-87),) and on,
January 30, 1967,, an ordinance. was passed setting the date of the Benefit
Rearing for February 20, 1967 (M&C G-1047) . This project provides an alter-
nate route for heavy traffic to and from this industrial. area during Con-
struction of the Hodge, Station Storm Drain attd the widening and improvements
of Sylvania Street north of 28th Street. 'Me project will., include the follow-
ing improvements
Street Limits Road-way Width
33rd Street,, U)ng Avenne Extension to North Sylvania 40 feet
Because the paving was petitioned by eight of the nine abutting Owners and
because all Owners are getterally familiar with the assessment procedures of
the City, no neighbor)-tood hearing was held.
It is the opinion of the Land Division and the Riblic Works Departlnent that
each parcel, of prope:rty will be benefitted in art amount, equal to or greater
than the amount recommended for assessment.
Recommendation
It is recommended that an ordinance be adopted closing the bearing and levying
the assessments as proposed.
JLB:lp
kt.tached are the following:
"A" Map Showing project limits
"B" Distributio-vi of cos it and resU. 1ts of Post Qird S'l,11-Vey
"C" Assessment Rolls in Alphabetical. order IfwJaw
.......... ..............
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SUBMITTED BY; ISPOSITI BY COUNC�L: P, ss Y
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Pf"A PPROVED VOTHER (DESCRME)
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SE fi4'AR
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MY MANACER ....... 20
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