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HomeMy WebLinkAboutOrdinance 3150 jj it 1 ORDINANCE NO, AN ORDINANCE CLOSING HEARING AND LEVYING ASSESS- MENTS FOR PART OF TIME COST OF IMPROVING A PORTION OF CALMONT AVENUE, IN THE CITY OF FORT WORTH, TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTY ABUTTING THEREON, AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF. WHEREAS, the City of Fort Worth, Texas, has heretofore ordered that the below mentioned and described portion of Calmont Avenue in the City of Fort Worth, Texas, be improved by raising, grading and filling same and by constructing thereon a l inch Hat Mix Asphalt Concrete Surface on a 7 inch Flexible Base, together with combined concrete curbs and gutters where same are not already constructed on proper grade and line, 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 Texas Bitulithic Company for the making and construction of such improvements; said portion of Calmont Avenue being as follows, to wit: i CALMONT AVENUE, from the westerly line of Belle Place to the westerly line of Montgomery Street; r and, �t WHEREAS, estimates of the cost of the improvements of such portion of Calmont Avenue 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 to the owners of abutting property, and to all others in anywise interested, and due and 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 13th day of January, A. D., 1953, at f:eO o'clock, -'Z—. M., in the Council Chamber in the City Hal 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 - 1 - - i i protested that i i protested that U fl Il i f protested that it I protested that protested that i i protested that protested that i 1 2 I land 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 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; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: ' SECTION 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 enumerated 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 ' Calmont Avenue, 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 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 property assessed is ! specially benefited in enhanced value to the said properties jby means of said improvements 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 apportionment of the cost of the improvements is in accordance with the law in force in this City and the proceed- ings of the City heretofore had with reference to said improvements, and is in all respects valid and regular. SECTION 3. 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 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: I i - 3 - I .i �t It II I j 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 rata of the total assessment against such prop- erty 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. SECTION 5. I j 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 centum (6%) per annum, j together with reasonable attorneys ' fees and costs of collection, if incurred, are hereby declared to be and are made a lien t; upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the Ireal 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 District and City ad valorem taxes. �1 i The sums so assessed against the abutting property and the owners thereof shall be and become due and payable as follows,i to wit: in five (5) equal installments, due respectively on or before twenty 20days, one (1), two (2), three (3) and four (4) years from the completion and acceptance of the improvements and shall bear interest from the date of such completion and acceptance at the rate of six per centum (6%) 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 the completion and acceptance of the improvements assess- ments against the property upon such completed and accepted portion of` Calmont Avenue 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 bor ade in the payment of any installment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such default is made, shall, at Ithe option of Texas Bitulithic Company, or its assigns, be and become immediately due and payable, and shall be collectible, , together with reasonable attorneys ' fees and costs of collection, it if incurred. I SECTION 6. If default shall be made in the payment of any assess- ment, collection thereof shall be enforced either by the sale of the property by the Assessor and Collector of Taxes of said hCity 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, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. i 1 j� SECTION 7. I The City of Fort Worth shall not in any manner be liable for payment of the sums hereby assessed against any property or, the owners thereof, but the said Texas Bitulithic Company, 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 Ito 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 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 in the City. SECTION q. 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 certif- icates shall be issued by the City of Fort Worth upon completion and acceptance by the City of the improvements, which certif- icates 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 shall be payable to ;Texas Bitulithic Company, 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 certificate is issued, land 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 the said property shall be owned by an estate, then the description of same 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, for in giving the name of the owner, shall invalidate or in anywise impair such certificate, or the assessments levied. i The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectible, with reasonable attorneys ' fees and costs of ! collection, if incurred, and shall provide substantially that ' the amounts evidenced thereby may be paid to the Assessor and Col-- lector 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 jTaxes shall deposit the sums so received by him forthwith with 'the City Treasurer to be kept and held by him in a, separate fund, ;hereby designated as TEXAS BITULITHIC COMPANY STREET IMPROVEMENT FUND, and when any payment shall be made to the Assessor and Collector of Taxes upon such certificate he shall, upon present- Iation to him of the certificate' by the Contractor, or other holder thereof, endorse said payment thereon, and the Contractor, or other holder of such certificate, shall be entitled to receive from the City Treasurer the amount paid upon presentation 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 receipted for by the holder of such certificate in writing and by surrender !'thereof when the principal, together with accrued interest and x.11 costs of collection and reasonable attorneys ' 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 pre-- requisites to the fixing of the assessment lien against the prop- described in such certificate and 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 certificate, and no further proof thereof shall be required in any court. The 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 installments,, leaving the main certificate to serve for the fifth installment, which coupons may be payable either to Texas Bitulithic Company, or its assigns, or to the bearer, and may be signed with the facsimile signatures of the Mayor and City Secretary. Said certificates shall further recite that the City of Fort Worth shall exercise 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 appropriate thereto; jand 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 Calmont Avenue 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 inforce in this City, vested in the City. SfE;CTION 11. A].1. assessments levied are a personal liability and charge against the real and true owners of the premises des- cribed, 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 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. SECTION 13. i This ordinance shall take effect from and after its ; passage. ' APPROVED AS TO FORM: w City Attorney. 1 6 - I'