HomeMy WebLinkAboutOrdinance 3446 ORDINANCE NO
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING A PORTION OF HUNTER
STREIT, IN TIT9 CITY OF FORT WORTH, TEXAS, FIXING CHARGES
AND LIENS AGAINST PROPERTY ABUTTING THEREOF, AND AGAINST
THE OT MFRS THEREOF, PROVIDING FOR THE COLLECTION Or SUCH
ASS-SSMINTS, ANT) THE ISSUANCE 07 ASSIGNABLE CERTIFICATES
11 EVIDENCE THEREOF.
WHEREAS, The City of Fort Worth, Texas has heretofore ordered,
that the below mentioned and described portion of HUNTER STREET, in the City
of Fort Worth, Texas, be Improved by raising, grading and filling, same and by
constructing thereon 7J inch compacted flexible base course and further con-
structing thereon a 1*'ineh Hot Mix Asphaltic Concrete Surface, together with
combined concrete curbs and gutters where same are not already constructed on
proper line and grade, together with incidentals and appurtenances, including
drains where necessary, all as provided by the Plans and Specifications for
such improvements now on file with the City, and contract has been made and
entered into with GENERAL 0079TRJCTIOTT COVTANY, for the making and construction
of snob improvements; said portion of HUNTER STREET, being as follows, to-wit:
HUNTER STREET, from the northerly line of CRAIG
STREET, to the southerly line of PEATY STRIFT,
known and designated as UNIT NO. 1.
WHEREAS, estimates of the cost of the improvements of such portion
of RUNTM STREET, were prepared. and filed and approved and adopted by the City
Council of said City, and a. time and place wa.s fixed for a hearing to the owners
of abutting property, and to all others in anywise interested, and due and pro-per
notice of the time, place end purpose of said hearing was given and said hearing,
was had and held at the time and place fixed therefor, to-wit, on the 22n;i day
of February, A. D., 1956, at 10:00 o'clock, 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
rrotested that
protested that
-protested, that
protested. that
protested that
protested that
protested; that
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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 fall
and fair opportunity to be heard, and the City Council of the City having full
considered all proper matters, Is of the opinion that the said, hearing should
be closed and assessments should be made and levied as herein ordered; THEMORE,
B'T, IT ORDAINM BY THE CITv COUNCIL OF THE CITY OF
FORT WORTH, TRUS, THAT:
SMCTIO7 1.
Said hearing be, and the same is hereby, closed and the said
protests and objections, and any and all other protests and objections, whether
herein enumbrated or not, be and the same are hereby, overruled.
SECTION 2.
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 said portion of HUNTER STREET, and against the owners of such
property and that such assessments and charges are right and proper and are sub-
stantiall,-,,- in proportion to the benefits to the respective parcels of property
by means of the improvements 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 se the
property assessed is specially benefited in enhanced value to the said properties
by means of ".1d improvements upon which the particulp,,r -property abuts, and for
which assessment is levied and charge made, in a sum in excess of the said assess-
ment and charge made against the same by this ordinance, and further finds that
the apportionment of the cost of the improvements is in accordance with the law
In force in this City and the proceedings of the Citv heretofore had with reference
to said improvements, and is in all respects valid and regular.
SECTION J.
There shall be and is hereby levied and assessed against the
parcels of property hereinbelow mentioned, and against the real and true owners
thereof (whether such owners be correctly named- herein or not), the sums of
money below mentioned- and itemized shown opposite the descrintion 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:
SECTION 4.
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, his or her pro rate of the total assessment
against such property in proportion as its, his or her respective interest
bears to the total ownership of each property, and its, his or her respective
interest in such property may be released from the assessment lien upon pay-
ment of such proportionate sums.
SECTIOY 5.
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 center (6%) per annum, together with reasonable attorneys,
fees and costs of collection if interred, are hereby declared to be and are
made to lien upon the respective parcels of property against the real and true
owners of such property, whether such owners be named or 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 nistrict any? 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-eit: in five (5)
equal installments, due respectively on or before twenty (20) days, one (1)
two (2), three (3) and four (4) years from the completion wad acceptance of
the improvements and shall bear interest from the date of such completion and
acceptance at the rate of six per center (6 1) per annum, payable annually
with each installment, except as to installments maturing in less than one
year, which shall be payable at the maturity of the installment so payable, so
that upon completion and acceptance of the improvements assessments against the
property upon such completed and accepted portion of HUNTER STR37T, 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
matnrity, by payment of principal and accrued interest, and provided further
that if Oefnult shall be made in the payment of any installment of principal
or interest promptly as the same matures, then the entire amount of the assessadmff
went upon which such default is made, shall, at the option of GEYERAL COMM-
TION COMPAYT, or its assigns, be and become immediately due and payable, and,
shall be collectible, together with reasonable attorneys' fees and costs of
collection, if interred.
SECTION 6.
If default shall be made in the payment of any assessment, collec-
tion thereof shell 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 manner provided
for the sale of property for the non-payment of ad valorem taxes, or, at the
option of said Contractor, or its assigns, payment of said sums shall be enforced
by suit in any court of competent jurisdiction, ask said City shall exercise all
of its lawful vowers to old in the enforcement and collection of said assessments.
SECTION 7.
The City of Fort Worth shall not in any manner be liable for pay-
ment of the sums hereby assessed against any property or the owners thereof,
but the sail GEYERM CONSTRUCTION COPPANY, or Its assigns, shall look solely
to such property and the owners thereof for the payment Of such assessments,
but the City of Fort Worth shall exercise all of its lawful powers to aid in
the enforcement and collection of said liens and sums and personal obligations.
SECTION 8.
The total amount assessed against the respective parcels of
abutting rd
, property, and the owners thereof, is in accordance with the proceedings
of the City relating to said improvements and, assessments therefor, and is less
than the proportion of the cost allowed., and permitted by the law in force
with the City.
SECTIO7, 9.
For the purpose of evidencing the several sums assessed against
the respective parcels of abutting property and the owners thereof, and the
time and terms of payment, and to aid, in the enforcement and collection thereof
assignable certificates shall be issued. by the Olt7* of Fort Worth upon completion
9.&, acceptance by the Cit7, of the improvements, which certificates shall be
executed by the Mayor in the name of the City and attested by the City Secretary,
who shall impress the corporate seal of the City, thereon, and shell be payable
to GENM&L CONSTRUCTIOX COMPAT7, or its assigns, and shall declare the said
amounts, time and terms of payment, rate of interest, and the date of completion
and acceptance of the improvements abutting upon such property for which the
certificates is issued, and shall contain the name of the owner or owners, if
known, description of the property by lot and block number, or front feet thereof,
or such other description as may otherwise identify the same; and if said
property shall be owned b7T an estate, then the description of some as so owned
shall be sufficient, or if the name of the owner be unknown, then to so state
will be sufficient, and no error or mistake in describing any property, or in
giving the name of the owner, shall invalidate or in anywise impair such certifi-
cates, or the assessments levied.
The certificates shall provide substantially that if same shall
not be paid promptly upon maturity, then they shall be collectible, with. reason-
able attorneys' fees end. costs of collection, if incurred, and shall provide
substantially that the amounts evidenced thereby may be paid to the Assessor
and Collector of Taxes of the City of Fort north, Texas, who shall issue his
receipt therefor, which shall be evidence of such payment on any demand for
the same, and the Assessor and Collector of Taxes shall deposit the sums so
received by him forthwith with the City Treasurer to be kept am held by him
in a separate fund,, hereby designated Ps, G71TMAT, COYSTRUCTION COMPAT7 STRE,TPT
IMPIMM.10T FUND, and when any payment shall be made to the Assessor and col-
lector of Taxes upon such certificates he shall, upon presentation to him of
the certificate by the Contractor, or other holder thereof, end.orse said pa7rment
thereon, and, the Contractor, or other holder of such certificate, shall. be en-
titled, to receive from the City Treasurer the arriount paid, upon presentation
to him of such certificates so endorsed and credited; and sach endorsement and
credit shall be the Treasurer's Warrant for making such payment. Such payments
ments
by the Treasurer shall be receipted for by the holder of such certificates in
writing and by surrender thereof when the principal, together with accrued interest
and all costs of collection and- reasonable attorneysl fees, if 'Incurred, have
been paid in fall.
Said certificates shall further recite substantially that the pro-
ceedings with reference to raki�ng, the improvements have been regularly had in
compliance with the law, and that all prerequisites to the fixing of the assess-
ment lien against the property described in such certificates end the personal
liability of the owner or owners thereof have been performed, and such recitals
shall be prima facie evidence of all the matters recited in such certificates,
and no further proof thereof shall be reqLAred, in any court.
The said certificetes may have coupons attached. thereto in evidence
of each or any of the several installments thereof, or may have coupons for
each of the first four installments, leaving, the main certificate to serve for
the fifth installment, which coupons may be payable either to GETEFAT, CONSTR�C-
TICIT COMPANY, or its assigns, or to the bearer, and may be signed with the
facsimile signatures of the 147,or and City Seeretar7.
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Said certificates shall further recite that the City of Fort
Worth shall exercis6 all of its lawful powers, when requested to do so, to aid
in the enforcement and, collection thereof, PM. may contain recitals substantially
in accordance with the above and other additional recitals pertinent or appro-
priate thereto; 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 e portion of MW EP STREET, adjacent
to any premises exempt from the lien of such assessment, shall not in anywise
invalidate, affect or impair the lien of such assessments upon other premises.
SECTION 10.
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.
SECTION, 11.
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.
SECTION 12.
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 110510 of Vernonts 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.
SECTION 13.
This ordinance shall take effect from and after its passage.
APPROVED AS TO FORM:
CITY ATTORNEY
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TO THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS.
RE: ASSESMENT PAVING ORDINAVCE
OF HUNTER MEET.
We the undersigned owners and occupants of property located
in the 2800 block of Hunter street oppose passage of the above
captioned City Ordinance:
Lot P, Quisenberry Revision of a
part of Block q, Hyde Jennings
JcLt'lell Subdivision to the Town of Handley
Mulkey Tarrant County, Texas, according to
plat filed in Book 388-F., page 547,
Deed Records, Tarrant County, Tema s.
Said property fronting 60" on 2800
block of Hunter Street.
Lot G, Block 9, Hyde Jennings
Subdivision to the Town of Handley,
Tarrant County, Texas, according to
Mrs- Ch� tte Simmons, d widow/ plat filed in Book 388-F•, page 547,
Deed, Records, Tarrant County, Texas.
Said property fronting 6011 on 2800
block of Hunter Street.
Lots Nos. 3, 4, 5, & 6 of B. E.
Hunters Subdivision of a part of
Block 9 Hyde Jennings Subdivision
of the S. G. Jenningu 7,13 Aoxe,
H. E. Hunter Survey, as shown by plat recorded
in the Deed Records of Tarrant County,
Texas, and Thirteen feet off of the
North end of Lot B., of the Quisen-
berry Revision of Block No. 9, Hyde
lenning's Subdivision to Handley, now
a part of the City of Fort Worth, Texas.
Said property totaling 605f frontage or,
Hunter Street.
cr�'Jll
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