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HomeMy WebLinkAboutOrdinance 5742 oR ORDINANCE NO.__-1_'?4-1Az-- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF--- 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. FOUE41ER STit.!�."T: From ,,j'est 10th Street to 'tjest 7th Street, kno-,n and designated as Unit 1, Project 104-24000-165, 7 inch reinforced concrete paveraent on a 30 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 orl-.h Construct-Lan 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 _l_Lh day of____Iuiarch 19_ .(,'1 , 9:30 A.L. , 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 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_ rull,y considered all proper matter, is of the opinion that the said hearing should be closed and assessyrients 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: 1. Said hearing be, and the same is herebv, 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 herebv, overruled. 11. 'l'he CiLV Council, from the evidence, finds tha+t 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 rneans 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 ,aid improvements, and is in all respects valid and regular. M. There shall be, and is herebv, levied an assessed against the parcels of property herein below mentioned, aind against the read and true owners thereof (whether such owners be correctly named herein or not) the sums of monec 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�r) 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- rrient, 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 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 fort'v-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 Attorney is herel)y 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, 4and 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 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. The total arnount a ,,c 7°aed agatm t t][e I el,,, of Poal alt I.iig; 1-wopoit,y, and the owners thereof, is in accordance with the procee(flnlfs of Lhe Otry r°c^unlit„ do e°Jd unakir ,eements and ass.essrnents thereof, and is less than the proportion of the d:�ost rAovT,edk wid portui�th,d by the'hm,in 1°oicq,in the City, "4t,tff. Although the aforementioned chargad,a kiar,'e bou"Yi fixed, 1. iced, and iissessod hi tire respective amounts hereinabove stated, the City Courwil does h4rraiYas reserve cmto �t°eH the right to reduce the aforementioned assessments by allowing credits to a ert:rin piro«;tk+T t, uV,,not wits rer dourn ed'd aapp ropviaate.Notwith.staa.nding the City Council has herein reserved the right to issue ereedit�;a it sh ati not be r(-gtored to issue credits,and will not do so, if same would result in any equity and/or unjust cii°e°r°arriin,wtGe,rA. The principal amount of each of the soveraC d,eertlticates tai he issues] the City of Fort Worth, Texas, as hereinafter provided, nhitrdl be fixed<rrid nletermi ned by deciucl,ingr rroni the aarnount of any assessment hereinabove levied such arriount or adrnounts,if an,y,„,,,ni,at Marra^rafter be aalloavved lat the (pity Council as a credit against the respective assessr'nent:s. 1fk, For the purposad of eviderwingf dw tr,r ndf �"'orn,8 ,Aa;,d,,.,d_,l ap;;rainsi, the veepoctiv e paiceis of abutting prop- erty and the owners thereof, quid the time niid tdt^rrns� of h<avniont, and to aid to the nnfoi°caement and collection thereof, assignable certificates, in l Oder prine.ipo ii ,a,T omlt of Ole i�.s1?d"tit»;; it .as iii+;eiHtwa less tha,, amount of any re- spective credit allowed thereon, ;sllaaH 11" btv fhe a k°v of h�drrr `d'4 i h ➢e.iaass. upon completion and accept- ance by the City of the improvements ire oath itni.t ,,t impro%,,nwnt as tlie- work �n such unit is completed and accepted, which certificate:, shall he ev,d:Wvd h,, tl o- ncay,1 tin Hie i,aawv of the (Jty and attested by the City Secretary, with the corpoiale seal ok the k it,V inllW a,dael 4:r �i°� �,ai, am(l hill] tjo payaxNe to the City of Fort Worth, or,its assigns„ nand shall de,hard di^ -,aii( aiunoliriu,.s, f Mr id, ;i)ld �, i (>f rni,,to, rate of intorest, and the date of the completion and of ri inrl r,ov book aIwn :m,1) pid) eri,v 'for vOiich the certificate is issued, and shall conwin Lho imnic 0 ei,s: r 4,1 no , if I of the property by lot and block number, or front feet dwreon, or ­,uch ddt rr ,Ic ,il,°id,rc ma; (,I r„rvdil.o idNonfi y ;.ho same; and if the said property shall be owned 1i.v an 1 d,ern dl(­,� ,•nn �u', :ao o ned Okail lie sufficient and no error or mistake in describing any propra t;, or iui .zk iri, Hho ndwno ',I' fho w,,wt er, ,Jmli invalid ate or in anywise impair such certificate. to the as essitirenP i vied. The cc^At�.ifid�lta ; ;htiii Idri,d.id10 f na,t iW p;aid proMt?ila tipon maturity, then t1) ,v s(uaiI ha. col Ier,UIIsk" h [a.^wim ra PIv,: a t I I irtd.^v Ccv ,d1)4 rddr:,�.< <�f' coIl ction, if aric�aurre(i, grid shall provide substantially that Oki artim mt^ i,6,a 1 ,Iwr� iii, ,dI II jo Intid to tho A: sold ('Aie(1oi of 'faxes of the City of 1^"ort "Vorth I e>aas wwlio t 1) 11 i II I i� ),'tv"iii f arid, r, i •1,�iII iw (I(­iu o of such payment on any demand for t i n si)i°rirr, ;-oink Ihoa r : i it d'olIof t,)r ,f d,,�,� j m,it i,h <iirn., sc, tpceived by him forth- with with the Cit.f l�diti,a,iiort' to I,a, kvp,P; ,mdV h0dl I)" him in �i eayrat<oCe� f m,,,P�, aami vvh,a1r1 iznV payment shall be made in the Oty the a ss .>,nr <and l ddfior lfw +,f`T1 kx v; W­r. w r? tll, upon presentation to him of the certificate by lhvu holv""r thev"of 2,ndoa. •Uud r Iwi c" d h U,c i Ire.<as,-ig;ned then the holder thereof shall Pie aired @led to reru,k,e 4"w°,}rii rhw C( Lho rawnoiaW. prrndi dr;A,n iho pre Ontation to him of such certificu+tae .so crtdorrt,of .drill i rediO d, ,ra,? r,w h ri1. mid �{idle Cw €i.o Treasurer's Warrant for nmking such paa,,an,e ut. 1?ai is grr,?t nkow , l,t I11 'f"I i d .iH ?w yd,d il,ta it f w t did 9udPale^,i of such certificate in writing and by surrender tllF,reoi� eadir'n ti, l ,ins < u, i „z: v� .,r• v,,i1 a,,rw,dC h de�v.st <incl Al coats of collection and reasonable zMorn(,Y's. if im m iod 1 ,,„e I1a,11� pd i,+ "t m d L Said certificates shall k'urtlwi +�tectt , H a th” pro6ev,hmps wi h reference to making the improvements have beers e,unary- hndd iri corllphamf" :itli �(. Yrt earl YI ,ie ails p,i rd rgifli;;,,il.es to the fixing of the assessment lien against Hie proj,vi Ip die;, r;� ,f iri , �s ditH,, I, ,id I per,,oraal lkdA ility of the owners thereof have been performed, and stir; pr,[i;w1 -L di i,,, ;,uit w f:1,I,,w,url,.n„ uf';idl tB recited in such certificates, and no further proof thea_d,1 d 0 1f Ira iri s , 1 Said certifir,atc,,, rruwt hm° v dd,u„aojs imv nccd l lw ,-i, m ;-, d im", ,1 eaach :,r rtnv of Lho several installments thereof„ or may have coupon for d,ta h ,4 1 w fw C,mf 1 wrtng P he maAin ce,ztificate to serve for the fifth installment. Which rcdrup,,,utss rn,d, l,d.,piiiti,di3Ode to Phi, „i h'oi^ tt'orf li or il•; ii gtiatiY may be signed with the facsimile signatures of P.he AL,,or And a,"if v '„r i r8;urs. - ` Said certificates shall further recite that the City of Fort Worth, Texas shall exercise all of its lawful when requested sub- stantially 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 apu levy reassessments and tv correct vdstxw,n, errors, invalidities or irregularities, either iu the assessments or in the certificates issued in evidence thereof,is,in accordance with the law in force iu this City,vested io the City. X1. 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. Xo. The ouaeawmouto av levied are for the improvements in the particular unit nvoo rxiox the property dvo,xiuod xuuts, and the assessments for the improvements in any unit are in nowise affected ur the improve- ments or uu^,,smvota in any other ooit, and in making aaueaamcutv and in holding said hearing, the ^m^out^ uoo"""*d for iop,vvocuouto in any one unit have been m nowise connected with the improvements or the assess- ments therefor io any other unit. Xn%. The assessments levied are made and levied under and hr virtue of the t,rmopowers and provisions uruu Act passed at the First Called Session of the Fortieth Legislature of the State of�oxxe. uuvvu on Chapter 100 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 mn°odnu,ot to and made u 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^[the City Council of Fort Worth,Texas, and by filing the mmn|,tc Oru/uuu,* in the appro- priate Ordinance Records^f said City. Xv' This ordinance shall tux* effect and hv iu full force and effect from and after the date of its passage and itixuoordained. P&8S0) AND APPROVED thio r»°__day of � APPROVED AS TO F0D88 AND LEGALITY: oa, ^",rn~ 1 U N (? .p t co 0 as ^ ^ to) 4:q a pp 00 t0 O F � T c� p En H 3 ? kA kH 10 �fl Q ON d I � a Lrl � w !A 1A b4 fA Q a J S (n N h t N N I u1 Vn to V4 04 w 0) IkAl ca pp -07 Of p, c N pI O O I A its L' f U)(n � I 1 1 0 I 1 u\ � I I N w w «A es to w a» vi 1-4 i o w w -zt w c F of Cs W Z of M M M 0I 0 0I d Q PW. W 8 H 43 +3 r 1 Fi 4-Z +� co Ow C7 N O � N +� Z {T1 W O U) m Gy w a a ucni H kz a a N 01 10 O (ti r-4 CO N (N 4 1l 0 z co'o Cto• 5-1 $= R .ri 4-1 .4 0 r-4 • C\l 10 ce \0 rn r-4 z Cd C', r-I N Cl) Lr\ N cy IL. IX% U4 1 PIA 0 m co n (n r-4 10 ol 0� - CC), -t 0 Fl r-A r-4 LU z tu cl. Cd Li. 09 N r1l 0 C-\ L(N N r-4 US •4A 00 0 N N 0 0 (D 010 N z ul bi (1) (D 41 4-1 O 0 43 p 00 co 0 City of Fort Worth, Texas Mayor and Council Communication et DATE It CE Benefit Hearing - Fournier PAGE NE098111-11"t Street Paving F%50 3/6/67 1 G-1063 I of On February 13, 1967, the City Council awarded the contract for the improve- ment of Fournier Street and set March 6, 1967, as the date of the benefit hearing (M&C C-884). The project includes the following: Roadway Unit Street Limits Wid til R.O.W. 1 Fournier Street West 10th Street to West. 7th St. 30 feet 60 feet The improvements were requested by the owner of 50 per cent of the abutting property (230.95 front feet). Opposition to the project was expressed only by the owner of 135 front feet. Because all three adjacent owners have been. contacted and each, is familiar with the assessment procedures of the City, no neighborhood hearing was held. It is the opinion of the Public Works Department that each parcel of property is benefitted in an amount equal to or in excess of the amount recommended for assessment. Recommendation It is recommended that an ordinance be adopted closing the hearing and levy- ing the assessments as proposed. nB:ms Attached are the following: "B" - Distribution of cost and results of Post Card Survey "C" - Assessment Rolls in alphabetical order. OFFICIAL RECORD CITY SECRETARY 1.11T. WORTH, TEX. SUBMITTED BY; DISPOSITI BY COUNCIL: PRO SE 1�"APPROVED ��16T" HER/(I�D SCRIBE) C ' T , Y DATE 2 ...........