HomeMy WebLinkAboutOrdinance 6547 ORDINANCE NO. 6547
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF
THE COST OF IMPROVING A PORTION OF THE SANITARY SEWER SYSTEM
SERVING A PORTION OF RIDGLEA WEST ADDITION TO THE CITY OF FORT
WORTH; ORDERING THE CONSTRUCTION OF SUCH IMPROVEMENTS ; FIXING
CHARGES AND LINES AGAINST PROPERTIES BENEFITED BY SUCH IMPROVEMENTS,
AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF
SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN
EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO
ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENTS
TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY
TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF
SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL OF THE CITY OF FORT
WOR"CH AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE
ORDINANCE RECORDS OF THE CITY; AND PROVIDING AM EFFECTIVE DATE.
WHEREAS the City Council of the City of Fort Worth has heretofore declared
the necessity of improving and/or extending the hereinafter described portion
of the sanitary sewer system of the City of Fort Worth, Texas by installing,
constructing, reconstructing or extending same as follows, to wit:
Construction of 1300 feet of 6-inch sanitary sewer, complete with
appurtenances, extending north in Borden Drive, from connection to
a sanitary sewer in the intersection of Borden Drive and West
Vickery Blvd., to a point in Borden Drive approximately 32 feet
west and 5 feet north of the southwest corner of Lot 1 , Block 47,
Ridglea West Addition.
WHEREAS estimates of the cost of improving and/or extending such portion
of the Sanitary Sewer System of the City of Fort Worth were prepared and filed
and have been approved and adopted by the City Council of the City of Fort Worth
and a time and place were fixed for a hearing and a proper notice of the time,
place and purpose of such hearing was given and such hearing was had and held
at the time and place fixed therefore, to wit, on the 13th day of September,
1971 , in the Council Chamber in the City Hall of the City of Fort Worth, Texas,
and at such hearing the following protests and objections were made, to wit:
Mr. C. B. Borden, in person and represented by his attorney, protested
that the sanitary sewer could be provided by alternative means not
requiring assessment against the property and urged that such alternative
procedures be followed in lieu of construction by the assessment utility
construction procedure. No other objections were made.
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WHEREAS such hearing was continued to the present time in order to more
fully accomplish the purposes thereof and all persons des /ring to be heard
were given full and fair opportunity to be heard and the City Council of the
City having fully considered all pertinent, proper and relevant matters, is
of the opinion and finds that such hearing should be closed and assessments
should be made and levied as herein ordained:
NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH/ TEXAS,
THAT:
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Such hearing relating to the improvement and/or extension of a portion
of the Sanitary Sewer System of the City of Fort Worth serving a portion of
Ridglea West Addition to the City of Fort Worth/ be, and the same is hereby
closed, and the said protests and objections and any and all other protests
and objections to same, whether herein enumerated or not, be and the same are
hereby overruled.
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The City Councilx from the evidence, finds that the assessments herein
levied should be made and levied against the respective parcels or property
benefited by such improvement and/or extension and that such assessments and
charges are right and proper and are substantially in proportion to the bene-
fits to the respective parcels of property by means of the improvements for
which such assessments are levied and establish substantial justice, equality
and uniformity between the respective owners of the respective property and
between all parties concerned, considering the benefits received and burdens
imposed, and the City Council further finds that in each case the property
assessed is specially benefited in enhanced value to the said property by means
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of the said improvements for which assess_-ient is levied and charge made in a
sum in excess of the said assessment and charge made against the same by this
Ordinance, and the City Council finds that the apportionment of the cost of
such improvements is in accordance with the law in force in the State of Texas
and the City of Fort Worth, and the proceedings of such City heretofore had
with reference to such improvements, and are in all respects valid and regular.
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Thera shall be, and there are 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 description of the respective parcels of
property, as follows:
R |DCLEA WEST ADDITION
Owner Lot Block |Frontage� Rata
C. B. Borden 2-9 48 511 ^31 $4.85
2926 W. 7th SL .
Harris Homes' Inc. l 48 71 ^31 4.85
3804 Dexter 1 -12 47 783 / 4`85
Where more than one person/ firm or corporation owns an interest in any
of the property above described, each said person, firm or corporation shall
be personally liable for its, her or his pro rata share of the total assessment
against such property in the same proportion as its' her or his respective
interest bears to the total ownership of such property, and its, her or his
respective interest in such property may be released from the assessment lien
upon payment of such proportionate share,
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The City Council of the City of Fort Worth hereby finds that the above
described improvements and/or extensions to a portion of the Sanitary Sewer
System serving a portion of Nldglea West Addition to the City of Fort Worth
should be constructed, and it is so ordered.
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The several sums above-mentioned and assessed against the said parcels
of prmperty/ and the owners thereof, and interest thereon at the rate of six
/6%\ per cent per annum, together with reasonable attorneys / fees and costs of
uollect /on/ 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 or claim against the property on
which such assessments are levied, and shall be o first and prior lien thereon,
superior to all other limns and claims/ except stato^ county/ school district
and City ad valorem taxes.
The sums so assessed against the benefited property and the owners there-
of shall be and 6*cnma due and payable as follows, to wit: In four equal in-
stallments due respectively on or before one year, two years, three years and
four years from the date of completion and acceptance. The entire amount
assessed against the particular parcels of benefited property shall bear interest
from the date of completion and acceptance of improvements at the rate of six
/65'\ per cent per annum paid annually; provided that if default be made in the
payment of any installment promptly as the same matures/ then at the option of
the City of Fort Worth or its assigns, the entire amount of the assessment upon
which such default is made shall be and become immediately due and payable,
together with interest, reasonable attorneys ' fees and costs of collection,
if incurred. Said assessments against the respective lots and parcels of
property and the owners thereof shall be evidenced by certificates of a special
assessment which shall be executed in the name of the City of Fort Worth.
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if default shall be made in the payment of any assessment levied herein,
collection thereof shall be enforced either by the sale of the property by
the 'Assessor and Collector of Taxes of the City of Fort Worth as nearly as
possible in the same manner provided for the sale of property for the non-
payment of a6 valorem taxes, or by suit in any court of competent jurisdic-
tion, or as may be provided in any mechanics or materialman / s contract which
might be executed to secure the payment thereof, or, at the option of the
City of Fort Worth/ as an aid to the enforcement of the l /abil /ty imposed by
the assessment, the City may refuse to connect or may disconnect sewer or
water service to a tract or parcel of benefited property during the period on
which there is a default in the payment of any amount assessed hereunder against
such tract or parcel or the owners thereof.
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For the purpose of evidencing the several sums assessed against the
respective parcels of benefited property and the owners 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, upon completion and acceptance by the City of the im-
provements, which certificates shall be executed by the mayor in the name of the
City and attested by the City Secretary, with 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 improvements for
which the certificate is issued, and shall contain the name of the owner or
owners, if known, description of the property by lot and block number, or such
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other 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 owned shall be
sufficient. No error or mistake in describing any property or in giving the
name of the owner shall invalidate or in anywise impair such certificate or
the assessments levied.
The certificates shall provide substantially that if same shall not be
paid promptly upon maturity, then they shall be collectable with interest,
reasonable attorney' s fees and costs of collection, if incurred/ and shall
provide substantially that the amounts evidenced thereby shall be paid to the
Commercial office of the Water Deportment of the City of Fort Worth, Texas,
which shall issue receipt therefor, which receipt shall be evidence of such
payment on any demand for the same, and when any payment shall be made to the
City, the Commercial office of the Water Department shall , upon presentation
of the certificate by the holder thereof, endorse upon such certificate said
payment thereof. If such certificate be assigned, then the holder thereof shall
be entitled to receive from the City Treasurer the amount paid upon the pres-
entation to him of such certificate so endorsed and credited, and such endorse-
ment and credit shall be the Treasurer 's warrant for making such payment. Such
payments by the Treasurer shall be raceipLed for the holder of such certificate
in writing and by surrender thereof when the principal , together with acrued
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 /aw, and that all prerequisites to the fixing of the assessment lien
against the property described in such certificate and the personal liability
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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 three installments/ leaving the main certificate to serve for the fourth
installment, which coupons may be payable to the City of Fort Worth, or its
assigns and each such coupon 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 exorcise all of its lawful powers, when 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 appropri-
ate 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 .
Full power to make and levy reassessments and to correct mistakes,
errors, |nvaliditios, or irregularities, either in the assessments or in the
certificates issued in evidence thereof, is in accordance with the law of the
State of Texas vested in the City Council of the City of Fort Worth.
All assessments levied are a personal liability and charge against the
real andtrue owners of the premises described, notwithstanding such owners
may not be named, or may be incorrectly named.
The assessments levied are made and levied under and by virtue of the
terms, powers and provisions of Chapter 192/ Acts of the Fifty-Eighth Legisla-
ture of the State of Texas, 1963, now known as Article | llOc of Vernon ' s
Texas Civil Statutes.
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Although the aforementioned 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 where deemed appropriate. Not-
withstanding the City Council has herein reserved the right to issue credits,
it shall not be required to issue credits, and will not do so, if same would
result in any inequity and/or unjust discrimination.
The principal amount of each of the several assessment certificates to
be issued by the City of Fort Worth, Texas' as hereinafter provided, shall be
fixed and determined by deducting from the amount of any assessment hereinabove
levim6/ such amount or amounts, if any, as may hereafter be allowed by the City
Council as a credit against the respective assessments.
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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.
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This Ordinance shall take effect and be in full force and effect from
and after the date of its passage and it is so ordained.
PASSED AND APPROVED this l3th day of September, 1971 .
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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%.Aty of Fort Worts, Texas
Mayor and Council Communication
.tea T2ATI EFERE► E suBaTm Benefit Hearin Assessment PAGE
ta
atT4T san uur� ER Construction of Sanitary Sewer, �
9/13/71 G-1,820 Ridglea West Addition
On August 9, 1971, the City Council approved i , G-1802 establiEffiing the
necessity for the construction of a six inch sanitary sewer extendiag north
from West Vickery Boulevard 1300 feet in, Borden Drive to provide sanitary
service to Lots 1-12, Block 7 and Lots 1-9, Block 48, id lea lest Addition.
It was also determined that a portion of the cost for this sanitary suer
extension should be assessed against the property benofitt d 'by the extension
and this amount of uch assessment should e, $4.85 per frant foot, subject to
determinations made duriiig the public hearing relating to such assessment. The
date of the benefit bearing was established as September 1; , 1971, 1a3 a.m. in
the City° Council Chamber.
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Mr. J. C. Harris, the owner of all, the lots in Block 47 and Lot 1, Block 48,
has appeared before tine Council nn several occasions requesting sanitary
sewer service for this property. Transmitted to the City Council ml JuT�e, 4,
1971, was an lit #1913, sui� ect. "490D-5000 lilod Borden Street Sara^ Facilities".
At the City Council meeting on June 7 1971, the City Council approved the con-
struction, of sanitary seer service, for Lots 1-12, Block 47 and tots 1-9,
Block 48, 'Rid, lea, iciest Addition amnder the assessuent utility construction policy.
The ewer extension will be constructed ley, City farces and will connect to tie`
naafi sewer in West Vickery ;Boulevard. The sewer extension will servo all ttle, ,lots
in: Blocks 47 and 48, Ridglea West addition. The total project cost is $7,369,00
$6,,623.15 to be assessed against the portion, served Arad $745.85 to be Lorne by
the City.
ern ose �sessaaents
liidy,lea lest Addition
Owner Lot �Block y o ta".e Ra i 7 ,
Barris Homes, Inc.", 4 dexter 1�-� 47 -777— , �4'�" 5 X3,797.55
'Harris Lono s, inn,. Dexter 1 4 11.3' 4. 85 -345.80
C. B. Jorden, 2926 W. 7th Bt. 2-9 48 511,3' 4.85 2,479.80
Reco endatt. ..
It ;is recommended that an ordinance be adopted closing the hearing and levying
the assessments as proposed.
i is/Je
attachment Location Ma
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SUBMITTED BYE PROPO ...G ; Y,
APPROVED (J OTHER (DESCRIBE)
�Cl! BECFRETA
DATE
CITY MANAGES