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HomeMy WebLinkAboutOrdinance 4646 w� RECORD ORDINANCE 1110. �"� '��'��" CITY SECRETARY ORDII,4MiCE CLOSING HEA�IIiiG AA';H) LEVYING ASSESSd,,ENTS FOR 1'Aiff OF THE CUST OF IPAPROVT,G A PC11TD'J,N G,F HLLEN STREET AND PORTIU1',,�S OF SUNDRY UTHER STIL'ETS, A'VFNUES AND Pi-BLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING 01VUROE'S MD LIEG,3 AGAINST ABUTTIHG PROPERTY THEREON, AND AGAINST TIME UMP IERS THE- EC,F; PRLVIDING FOR THE COLLECTI0i, OF SUCH AS5-S;EI'E'1TS A10 ThE ISSUA4ZE OF ASSIGIiA31E CERTIFICATES IiN EVIDENCE THEREOF; RESEkVIi',iG UNTO THE CITY C("UNCIL THE RIGHT TO ALLOVI CREDITS REDUCII''G THE &,10UNT OF THE RESPECTIVE ASSES'SbIENT TO THE EXTENT OF AIY CREDIT GRA<,,(TED; DIRECTI'IIG THE CITY SECRETARY TO E14GRGSS A4L) l idRC)LI, THIS (,RDINANCE BY COPYING THE CAPTIUN OF SkIAE. IN THE MINUTE'S rJF TT-4C G:ITY COUNCIL CF FORT VC7RTz-[, TEXAS, AND by FILING TdIE F-RDIIIANCE II'e THE CRDINANCE RECORDS OF SAID CITY; AND PROVIDING A, (EFFECTIVE' DATE. MEREAS, 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 a 7" Reinforced Concrete Pavement, together with combined concrete curbs and gutter on proper grade and line where same are riot already so constructed, together with storm drains and other necessary incidentals and appurtenances; all of said improvements 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 Co. for the making and construction of such improvements; said portion of streets, avenues and public places being as follows, to-wit: 1. Hulen Street: From Geddes Street to East-West Freeway, known and designated as Unit No. 1. WHEREAS, estimates of the cost of the improvements of each such portion of street, avenue and public place ,acre prepared and filed and approved and adopted by the City Council of the City, and a time and place was fixed for a hearing to the proper notice of the time and place fixed therefor, to-wit, on the 4th day of June, 1962, 9:30 A.Mi. in the Council Chamber in the City IIall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wits Protested that Protested that Protested that Protested that Protested that -1- ~ - ^ . ^ Protested that Protested that Protested that Protested that Protested that Protested that and said hearing was continued to the present time in order to mvru fully accomplish the purposes txrreof, 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 matters, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered: ' NOW THEDEFOP—E, BE IT ORDAINED BY THE CITY COU0CIL 0P 'ME CITY OF FORT wDRIH, IGxAs, THAT: I. Said hearing be, and the same in hereby, closed and the said protests and objections, and any and all other protests and objections, whether horoio enumerated or out, be and the name 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 aoaio*t 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 »encfiteu in eouaoueu value to the said property by means of the said improvements in the unit upon wblob the particular property abuts and for which assessment is levied and charge made, in a sum in excess of the said aaaeaymmut and charge made against the same by this ordinance, and further finds that the apportionment of the cost of the improvements is in a:nurd"oue 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. zzz. There shall be, m^d 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 ncriptioouf the respeotir�j parcels of property and the several amounts assessed against he same, and owners thereof, as far as such owners are known, being as follows: IV. Where more than one persc)n, firm or corporation ovins an interest in any property above described, each said person, firm or corporation shall be personally liable only for its, his or her 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 her respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. V. The several sums abova mentioned and assessed against the said parcels of property, and the owners thereof, and interest thereon at the rate of six per cent (6%) per annum, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a lien upcnn the respective parcels of property against rinich the same are assessed, and a personal liability and charge against the real and true owners of such property, .,41aether such (niners 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-wits 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 con�pletion and acceptance of the improvements in the respective unit, and the assessments against the property abutting up,,�n 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 per annum, payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity thereof, so that uTpon 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 cor,ipletion 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 any installment of principal or interest promptly as the saine 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 immedi- ately due and payable, and shall be collectible, together with reasonable attorney's fees and costs of col ection, if incurred, PRUVIDED, however, that acting through its duly authorized Director of Public Works the City of Fort Worth retains the right to authorize payihent of the sums assessed against abutting property upon such curopleted 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. I-IRCVIDED FURTHER, that the City •"',ttorney is hereki,y eiFpo�,��ered 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 Viorks has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PRC'1,1 IDED FUITELR, 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 w4orth a lawful, valid and binding note and mechanic's and materialmar's contract upon forms supplied by the City granting a atechanic'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. VI. 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 manner provided for the sale of property for the non- payment of advalorem taxes, or at the option of the City of Fort 4',Iorth, or its assigns, payment of said sums shall be enforced by suit in any court of competent jurisdiction, 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. -3- VII. The total amount assessed against the respective parcels of abuttihg pro- perty, and the owners thereof, is in accordance with the proceedings of the City relating to said improvements and assessments thereof, and is less than the proportion of the cost allowed and permitted by the law in force in the City. VIII. Although the aforementicned charges have been fixed, levied and assessed in the respective amounts hereinabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners wherei (1) curb and/or gutter or paving presently exists, (2) property in commercially zoned areas is occupied by owner as his residence (this credit to be such that the maximum cost to the property owner per front foot, after allowing such credit, shall not exceed $5.50 per front foot for curb, gutter and paving), (3) property abuts on the street to be improved, but actually fronts on another street (this credit to be such that the cost to the property owner, after allowing such credit, shall not exceed the amount of the assessment against a residential lot which fronts. 100 feet on the street to be improved. Notwithstanding the City Council has herin reserved the right to issue credits as hereinabove provided, it shall not be required to issue such credits, and will not do so, if same would result in any inequity and/or unjust discrimination. Die principal amount of each of the several assessment certificates to be issued the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts, if any, as may hereafter be allowed by the City Council as a credit against the respective assessments. IX. For the purpose of evidencing the several sums assessed against the respective parcels of abutting property and the (,,,wners thereof, and the time and terms of payment, and to aid in the enforcement and collection thereof, assignable certificates in the principal amount of the respective assessments less the amount of any respective credit allowed thereon, shall be issued by the City of Fort Worth, Texas, up6n completion and acceptance by the City of the improvements in each unit of improvement as the work in such unit is completed and accepted, which certificates shall be executed by the mayor in the name of the City and attested by the City Secretary, the corporate seal of the City impressed thereon, and shall be payable to the City of Fort Worth, or its assigns, and shall declare the said amounts, time and terms of payment, rate of interest, and the date of the completion and acceptance of the improvernents abutting up(,)n such property for which the certificate is issued, and shal' contain the nw-ae of the owner or owners, if known, description of the property by lot and block number, or front feet thereon, or other such description as may otherwise identify the same; and if the said property shall be owned by an estate, then the description of same as so o,,,,jned shall 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 certificate, to the assessments levied. The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectable, with reasonable attorney's fees and costs of collection, if incurred, and shall provide substantially that the amounts evidenced thereby shall be paid to the Assessor and Collector of Taxes of the City of Fort Worth, 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 and held by him in a separate fund, and when any payment shall be made to the City the Assessor and Collector of Taxes upon such certificate shall, upon presentation to him of the certificate by the holder thereof endorse said payment thereon. If such certificate be assigned then the holder thereof shall be entitled to receive from the City Treasurer the amount paid upon the pre- sentation to him, of such certificate so endorsed and credited; and such endorsement and credit shall be the Treasurer's Warrant for making such payment. Such payments by the Treasurer shall be receipted for the holder of such certificate in writing and by surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorney's fees, if incurred, have been paid in full. Said certificates shall further recite substantially that the proceedings with reference to making the improvements have been regularly had in compliance with the law, and that all prerequisites to the fixing of the assessment lien against the property -4- described in such certificate and the personal liability of the 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 required in any court. Said certificates 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 in- stallments, leaving the main certificate to serve for the fifth installment, which coupons may be payable to the City of Fort Worth, or its assigns may be signed with the facsimile signatures of the (Mayor and City Secretary. Said certificates shall further recite that the City of Fort Worth, Texas, shall exercise all of its lawful powers, iihen requested so to do, to aid in the enforcement and collection thereof, and may contain recitals substantially 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 ommitted on any portion of any of said units adjacent to any premises exempt from the lien of such assessments shall riot 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 improvements or assessments in any other unit, and in making assessments and in holding said h(i.aring, the amounts assessed for irtiirjrovements in any one unit have been in nowise connected o,iith the improvements or the assessments 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 Legis- lature of the State of Texas, known as Chapter 1+6 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 North, 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 appropriate Ordinance Records of said City. x1f. This ordinance shall take affect 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 of 19 ^2, APPRCVIED AS TC' FORNA kID LEGALITY: City Attorney -5- UNIT NO. 1 OF 1 SHEET NO. I OF 2 W 1--HEEWAY, KNGWJ kiD L)LjIGIJATED EMGINEER'S PERllANL!TT ROLLS OR STATEMENT FOR PAVING ON II➢JLEII SMEST* FRU 5LDULS A1L. fc) E- AS tKJFT P O. I APPAREi,-i APFAFLENT Credits Cost ASSESSA,ENT RATE PER FRONT FOOT FOR CURB & GUTTER $ 1.75 1330.00 410 9.Ot, ASSESSMENT RATE PER FRONT FOOT FOR IMPRUME ENTS EXCLUSIVE OF CURB & GUTTER $ 16,891.34 11,018.50 TOTAL WOUNT ASSESSED AGAINST ABUTTING PROPERTY OWNER-$ 33,343.34 18,221.34 15,127.50 TOTAL ESTIMATED AMOUNT OF CITY'S PART 40,239.08 58,46-).42 TOTAL CONTRACT- FJ�ICE OF IMPROM,1ENTS 73,:x137.92 73,587.92 ENGINEER'S A: _ ROLL PAVING ASSESSMENT UNIT`:C.I CF]_ WIDTPI 60, FEET UL.IT DESCRIPTIY. J�.i. ;, ';T" * I`r, , ,. A n u L'. SHEET „C.A CF2 CC'NTRACTOR: WORTH CONST. COY[PAIdY CUMIACT DATE: May 14, 1962 TYPE CF INFRCV2-lEYTS7" Reinforced Concrete Pavevient CERT. DESCRIPTION OF PROPERTY ASSESSt,.ERT N0. PR(')FERTY OWNER LOT BLOCK ADDTTICN FRCAT I1` RCtE[�rtdTS GG4c Fr�:PERTY FEET ESCLL�SIba CF LSD UZIERS FINAL CE.&GUT.Fc GLTTER CCST ADJISTtlE:'{T CREDITS A'.ti.0?'ST FRCNT FCCT PER LIN. FEFCRE CF S ./':% FT. J CREDITS ASSESSMENT A..CLAT $ " $1G,'73 Low J'c ,.. u:e L S rt m 1, 9 ,604.42 1S54, Res.Credit(95.23 = 8,127.42 '101 i s 1�.] 1�'-r, i ? d 50' Side Lot Cred910.73 536.50 i,R3 92 8,010.50 ,0) d in I r1.> i P,,. l I a_ ids 6 'i:.. I L. 1 i�: ( ra irtb .l' J2 'l ,ai t a.' i .. ;1 7. iaE" � ,c �G°i i, .�i1 �1 „7,:. � .;i �4e 1 r•:.r' I r r i