HomeMy WebLinkAboutOrdinance 5948 ORDINANCE
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF- -_ _ 9 , ,-", "' "
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, }roes heretofore ordered that each of the hereinafter described
pet�iorm of streets, avenues and public places �n tie City of Fort Worth,Texas,be improved by raising,grading,
Iry fiffinpr same and by constructing thereon to-wit
irh,emian nvciue From the oast laic Of DecO.tUr i',v�_nue to the
1_ij-,c oCold 3prin, s ,to,-d, kno,mlu
Lod ULit 1p ?roju, iso. iO424000-1_70,
a 6-:Lnch rej_nforccd co-increto pL,-j-f_,_ent on a
6-inch, tj,jjcj,, JL,jo stabiliz�,,d an a
40-4' foot '-inch thick concrete
Acified.
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
L,
lL�:.:'sl .�w�.L� (�1m��_�!!c..�.n.,�m d,�wad`.4 ..wd�.i�1.�c.�J_.�
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 2 _day of
19. U 9:30 A. h. 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
rll 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 enumea'ated or or not, be and the same are hereby, overruled.
If.
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 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 or 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
speciall'v benefited in enha nced value to the said property b� - means of the said improvements in the unit upon
which the particular propert,v 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 1)'v this ordinance,zrnd 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 (`its- heretofore had with reference to said improvements, and is in aril respects valid and regular.
M.
There shall be, and is hereby, levied and assessed against the parcels of property herein below mentioned,
and against the real and true owners thereof 1 whether such owners be correctic- named herein or not) the sums of
mone'v itemized below opposite the description of the resjpect.ive parcels of property and the severed amounts
assessed against the same, <Lnd 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 (61, ) per annum, payable annually with each install-
ment, 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
s
authorize payrnent of the ums assesed against abutting property upon such completed and accepted unit in not
more than forty-eight (48) equal regular monthly installments of riot 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 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 propert%11y abutting upon such completed and accepted unit shall have executed and
delivered to the City of Fort Worths a lawful, valid and binding note and mechanic's and materialrnan'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
Stich property.
If default shall be made in the 1myment ofany 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.
)AL
The total amount assessed iig;ai st tlic reslriW€Ulvc li,aicvls of ,Om[.Hngg property, and the owners thereof, is
in accordance with the proveedings of the t,ity r•eluat3r�ig;" c,o siiiu4 iia�gn Eiraura�ra n(s and asisessmenCs thereof, and is
less than the proportion of the cost a1BoweQl axd l'M^rrrrrtted 6r,r flee quare°ire fos°sa,ifu the Ot.,V
V[IL
Although the a uforernentioned nlh a gess have, been fixed, levic,tl, and ,assessed in the respective amounts
hereinabove stated, the City Council dnes hvrok re serwo. urve itselff the right to reduce the aforementioned
assessments by allowing credits to cei t del gar opcsrty orwrner • wwhere deemed appropriate. Notwithstanding the City
Council has herein reserved the right to issue credits, it shall not be requirc;d to issue credits,and will not do so,
if same would result in any equity azid,or urJuast drsruuirr.r,iruartieara.
The principal amount of each of the, several assessrntmt coarWic a.tess to be issued the City of Fort Worth,
Texas, as hereinafter provided, suh'alf be fixed and deterniiried lay de=duv l ing from the amount of any assessment
hereinabove levied such amount or aY"ua_sa,i�ut , if arng aaa rilay hereafter be Hallowed by the City Council as a credit
against the respective assessirre nts'a,
t .
For the pui pose, of oviidem ing the severA,stann w>srs, od a„g-ains6 the j espe ti l e gr,aar vels of abutting prop-
erty and the owners thereof, and the tinic sand lern,> of payment, and to aid in the enfaoreement and collection
thereof, assignable certificates in [he principal sainFrunt of, f her ,:a.,sessment;, less that ,amount of any re-
spective credit allowed thereon, shah bas i -utvrE'# I)y CIe City of l^w,L 'A'orth, ic,saga, upon completion and accept-
ance by the City of the imlirowiawunt,�� m vach unit Quo” .:s the work in such unit is completed and
accepted, which certificates Scholl lie w,ar(Wwl h", the in Vlw r,:anic of the City and attested by the City
Secretary, with the torpor ate seal of the= Cif ic• prop s;cd Olt' ion, Lana"sh a'll be pay�able to the City of Fort Worth,
or its assigns, nand shall dccl�aio the . Jd r�aMs�„� ntt :,, chile,nnd rQai ere. of pavfrent, rate of intorest, and the date of
the completion and ac(eptainc c of ileo ire po"), raga m 4m;h property f"or Aldoh the certificate is
issued, and shall contain the name „i rho ri,Q raver, or 'pie norti, r(!,uovw i� e[Q>�,irMl>tiun of the property by lot and block
number, or front fool thvremi, w m(+ rc,Hwr ialciOily the same; and if the said
property shall be of mr d bsv iter ais ')Ir f lwi> i1 r dc(c,r ipt.ion 4 w,aains ,,, car v,ra,rwd Ah ill I,e sul ic.ient and no error or
mistake in describing„ any po}ra7rl.v, [,i` in �Iw MAIDW v,l (1w „wner, i�Ii all hrvaulidate or in anywise impair
such certificate, to the li, wd.
The certificate, sPr li piaawlrke tl,�t if �oiii, ;li,all not lip laaaid proinptly upon maturity, then
they, shall be �O,h ieaa�;,rral,le �uLP��Fater, fops awd crrr; yak" colli(tion, if unca.irred, and shall provide
substantially that the aa,i'ntmw t he nd)L �llZdl [,' l>eald to the A,,sos6or ;and Cofleetor of `1 Axes of the
City of'Fort NVorth, e°xaas, ce Ira m'Ih [l i -€aw fri� rco,-ipt tl,�s•�E�fnr�; rvhiv ii "hi dl N, of such payment on any
demand for the .,same, „and tliv sa¢iii a „lie,�,)r oL f mo :Ai,dl dejmv wit the :,renis so ri-coived by him forth-
with with the Citv 7re,i,twe to )c kwj)t uin,f iwl,l i iw in fund, mid when any payment shall be
made in the City the ih ssi ;or and Uofl,^,A iw of rtiliwl ;rich sliadl„ upon presentation to hinr of
the certificate by flit, hi)Wi.a ortd,o 6d ,i M,i'n,eO ilia tco uJ' �cli o er tifl(aio Vw,a au,, igned then the holder
'thereof shall be enLitlead 4o ioct6,,e, la'rrrur lire= Cilv Irena-It.iiii- ,Vie ,,moan?. piJd iiprin the presentation to him of
such certificate so endorsod nwi c r,,diLvd; mirk ru,l, amd,i o<dir shill ha� the Troasurer's Warrant for
malting Sucre i;roaal.-irloiit. Stu 1< Ir U " 'If1o1)1 1w i i�,e^ig h,O ilea tho kohler of such certificate in
~tinting and I>y rni'venai- Ch r(,eat' Nvhc th,a ,isiotr lr,1, t r;fI ,r° rwir a riwd intcrust ,,.and all costs of collection
and reasonable axttorne.�"s foul, if incawtod, l tc- lii ^ii Irariil ii I(ill.
Said certiiflcates shall Cupl )cr iv,iie, sril,e,9rPntr,rdlr OW tli acith reference to making the.,
improvements have ]-leen r•,^Ro.alaaOy law€l in th", l,, , wid iE Lir <all pr°4>uo^quisites to the fixing of the
assessment lien against the pr q,(;r ig de",:i hed ice 1wh �Oe^ and the lii^r.,wiaal liability of the owners thereof
have been performed,mid such !,a H ho prima I i,i i" i,:ill Opo^ iw,1hTS per,Hod in such certificates,
and no 't'urther proof there+«( •1.<till 1w ¢'e1v_111h'Od 'ipti 00 miter(.
Said certificates nuiY hwcv ort nlicd �n oa idencv of eirclr or many of the several installments
thereof, or ma," Mase coujr(m, titer°co, 1, nY I kM[ ori:rcollrr�t^a�tti, la,rming clic ri'aiml certificate to serve for the
fifth installment, which cwipon:, m as I,v-ti I,,a",a[ilc Y,)Ili, ,I Wort tt`oitli, nr it>,aan.if;ii, may be signed with the
facsimile signaaturazs, of° the Ca�,a�c aarsvl t"ir . vr¢r.r,arg.
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 assessments or in the certificates issued in evidence thereof,is,in accordance with the law in force
in this City,vested in 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.
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 improve-
ments or assessments in any other unit, and in making assessments and in holding said hearing, the amounts
assessed for improvements in any one unit have been in nowise connected with the improvements or the assess-
ments 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 Legislature of the State of Texas, known as Chapter 106
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 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 of the City Council of Fort Worth,Texas, and by filing the complete Ordinance in the appro-
priate Ordinance Records of said City.
xv.
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, -day of __1962.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
City of For Worth Texas
Mayor and Council Communication
DATE REFERENCESUBJE PAGE
NUMBER Benefit Hearing -- Assessment
4/22/68 G-1223 Paving - Brennan Avenue nor
On March 25, 1968, the contract was awarded for the assessment paving of
Brennan Avenue and April 22, 1968, was set as the date for the benefit hearing.
UNIT STREET LIMITS ROADWAY WIDTH R.O.W.
1 Brennan Avenue Decatur Avenue to 40-44 feet 60 feet
Cold Springs Road
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 levying
the assessments proposed.
The following summaries are attached:
"A" - Resume of Project
"B" - Location Map and results of Post Card Survey and Engineering
Preliminary Assessment Rolls.
FILM:fk
Attachments LI;All
............. .. .......
SUBMITTED BY: DJSPOSITID,"'� COUNCIL. PROCESSED BY
I
V'APPROVIED al�T�ER (DESCRIBE)
CITY SECRETARY
717, DATE
CITY MANAGER