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HomeMy WebLinkAboutOrdinance 2651 ORDINANCE NO. � � E ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF EAST CANNON STREET IN THE CITY OF FORT WORTH; T AS, FIX- ING CHARGES AND LIENS AGAINST PROPERTY ABUTTING THERE- ON, 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 East Cannon Street in the City of Fort Worth, Texas, be improved by raising, grading and filling same and constructing thereon a six inch reinforced concrete pavement with integral curbs, together with incidentals and appurtenances including drains where neces sary, 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 Worth Construction Company for the making and construction of such improvements; said portion of East Cannon Street being as follows, to wit: EAST CANNON STREET from the westerly line of Blocks J+ and 5, Glenwood Addition, to the westerly line of Exeter Street; nd, WHEREAS, estimates of the cost of the improvements of 'such portion of East Cannon Street were prepared and filed and pproved and adopted by the City Council of the City, and a time nd place was, fixed.,-for a hearing to the owners of abutting proper- y, 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 day of , A.D. , 19491 t _ _o r clock, . ti. , in the Council Chamber in the City -all 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 -2- i 4 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 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 AfORTH,, TEXAS: THAT, I. 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. II. The City Council, from the evidence, findsthat the assessments herein levied should be made and levied against the respective parcels of property abutting upon said portion of East Cannon Street, 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 by 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 proceedings of the City heretofore had with reference to said improvements, and is in all respects valid and regular. III. 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: 03�. 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, 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. V. That 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 (6%) per cent per annum, together with reasonable attorneys ' 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 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 b.e a first and paramount lien thereon, superior to all other liens and claims, except State, County, School District, and. City ad valorem taxes. That 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 respective- ly on or before twenty (,2.0) days, one (1) .,' two (2) . three (3) and four (/+) 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 (6J) per centum per annum, payable annually with each installment, so that upon the completion and acceptance of the improvements assess- ments against the property upon such completed and accepted portion of East Cannon Street 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, end provided further that if default shall be made 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 the option of the said Worth Construction Company, or its assigns, be and become immediately due and payable, and shall be collectible, together with reasonable attorneys ? fees and costs of collection, if incurred. VI. That if default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sal 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 the 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 latiful powers to aid in the enforcement and collection of said assessments . VII. 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 Worth Construction 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 to aid in the enforcement and collection of said liens and sums and personal obligations . VIII. 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. IX. 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 City of Fort Worth upon completion and a.ccepta.nce by the City of the improvements, which certificates shall be executed by the bla.yor in the name of the City and attested by the City Secretary with the corporation seal, and shall be payable to said Worth Construction 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, 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 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, 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 collectible, with reasonable attorneys ' fees and costs of collection, if incurred., and shall provide sub- stantially that the amounts evidenced thereby may be paid to the Assessor and Collector of Taxes of the City of Fort Worth, 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, hereby designated as WORTH CONSTRUCTION COMPANY STREET IiUIPROVEMENT FUND, and when any payment shall be made to the Assessor and Collector of Taxes upon such certificate he shall, upon presentation to him of the cer- tificate 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 endorsement -5- and credit shall be the Trea.surerts 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 all 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 prerequisites to the fixing of the assessment lien against the property 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 certificates, 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. Worth Construction 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; 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 East Cannon 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 . 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 des- cribed, notwithstanding such owners may not be named, or may be incorrectly named. XII. 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 -6- f • e Session and now- shown as Article 1105b of. Vernon's Civil Statutes of the State of Texas, Annotated, -which Act has been adopted as an amendment to' ard made a part of the Charter of the City of Fort Worth, PASSED AND APPROVED Thi-s 'z day of _ ` � 1949. Mayor, City of Fort Worth, Texas ATTEST: City Secretary APPROVED AS TO FORM: - City Attorney., . -7- Y ENGINEER'S ROLLS OR STATZdENT FOR EAST CANNON STREET FROM THE EASTERLY LINE OF.UM I&GN RAILROAD TO WESTERLY LINE OF.EXTER STREET ASSESSMENT FOR OEM, NUMBER ASSESSENT IMPROVEMENTS DaE-S-C-R S-j-2+-I-O-N O-F P�R�O P-E�-R T OF FRONT FOR INTEGRAL EKCLU5IVE OF TOTAL IATA m OF PROPERTY 0`4''TN R LOT BLOCK ADDITION FEET CURB_ INTEGRAL CURB ASSES190T SOUTH SIDE John. To Laymanee 1 5 Glenwood Addition 50 42.E 372.50 415000 Edward Eo Anderson 2 5 Glenwood Addition 50 42®50 372o50 415.00 Ray Russell and wife, 3 5 Glenwood Addition 50 42.59 372.50 415.00 Bessie Russell Alan T. Strong 1 and 2 8 Glenwood Addition 100 85000 745000 830+00 F Myrtis Lo Douglas 3 and Westerly 252 of Lot 4 8 Glenwood Addition 75 63075 558.75 622,50 R. T. Williams 5 and Easterly 259 of Lot 4 8 Glenwood Addition 75 63075 558.75 622.50 Roy Carter and wife9 6 8 Glenwood Addition 50 42.50 372.50 415®00 Katie Carter Liram, So 1, Newton 7 8 Glenwood Addition 50 42.50 372®50 415.00 Felix Braune and wife, 8 8 Glenwood Addition 50 42.50 372050 415®00 Irma Braune Della Raley 9 8 Glenwood Addition ZE 51 43.35 379®95 423 0v0 J. J. Wragg and wife, 1 11 Glenwood Addition 50 42050 372.50 415000 Dora a"dragg Ona McCullough 2 11 Glenwood Addition 50 42.50 372o5D 415000 9r'0 f. Ashing and wife, 3 and ' Jewell Ashing Westerly 25 Ft0 Lot 4 11 Glenwood Addition 75 63.75 558075 622950 Joe Lee Taylor 5 and 11 Glenwood Addition 75 63075 558.75 622,50 Easterly 25 Ft. Lot 4 Co L. Allard and wife, 6 and 11 Glenwood Addition 60 51.00 447.00 498.00 Theodoshie Allard Westerly 10 Ft. Lot 7 Engineer's Rools or Statement for East Cannon Street -- Continued (2) ASSESSUMT FOR OTMM NUMBER ASSEsavr NT AFRO + TS D-E-S-0-R-I-P-T-I-Dj4N 0-F P-R-O-P-E-R-T-Y OF FRONT FOR INTEEGRAL EXCLUXIVE OF TOTAT, N9,12 OF PROPERTY OWNERS 6 LOT BLOCK ADDITION FEET CURB INTMRAL CURB ASSESSMENT 0. C. rensen and wife s Easterly 40 Ft. Lot 7 and Maude ;day Jensen Westerly 10 Ft. Lot 8 11 Glenwood Addition 50 42050 372,50 415.00 Mrs. H. A. Bridges Easterly 40 Fite of Lot 8 Glenwood Addition 50 42,50 372.50 415,00 and Westerly 10 Ft.- Lot 9 11 City of Fort Worths Texas Easterly 40 Ft. Lot 9 and 11 Glenwood Addition 65 55025 484925 539050 Westerly 25 Ft. Lot 10 John He Strawn and wife, 11 and 11 Glenwood Addition 75 63,75 558.75 622050 Bertha Ray Strawn Easterly 25 Ft, Lot 10 liary L. Estill 12 11 Glenwood Addition 50 42050 372,50 415,00 James Homer Crawford 13 11 Glenwood Addition 48 40,80 357.60 398,40 NORTH SI DE Dennis W, Taliaferro and wife,, 4 and 5 4 Glenwood'Addition 100 85000 745900 830,00 Willie Taliaferro R. E. Cox 6 4 Glenwood Addition 50 42950 372.50 415.00 Miguel Perez and wife, 10 and 11 9 Glenwood Addition 101 85085 752.45 838,30 Aurora Perez D. Co Bruton 12 and 9 Glenwood Addition 75 63,75 558,75 622.50 Easterly 25 Ft. Lot 13 H. Po Godbey and wife, 14 and Glenwood Addition 75 6305 558,75 622,50 Bertha R, Godbey Westerly 25 Ft, Lot 13 9 E. F. Corley 15 9 Glenwood Addition 50 42950 372,50 415,00 G, W. Crawford 16 9 Glenwood Addition 50 42,50 372.50 415.00 -.3 Fa Berries y. 17 9 Glenwood Addition 50 42.50 372.50 415.00 Myrtle Jacoby- = 18 9 Glenwood Addition - 50 42.50 372,50 415.00 Engineer's Rolls or Statement for East Cannon Street e Cont inued (3) ASSFSSMI+iVT ' FOR OTHER NUMBER ASSESSMENT II\1PROV -MiTS D--E--S-C-R--I-P--'PSI-O-N 0-F P R-O-F-E-R T-Y OF MONT FOR INTEGRAL EXaLUSIVE OF TOTAL NAME OF PROPERTY OVM ERS .LOT BLOCK ADDITION FEET,. . 02B INTEGRAL CURB ASSESSAWT John 0. Dool 14 10 Glenwood Addition 48 40080 357060 398040 Alice Mo Taylor 15 10 Glenwood Addition 50 42050 372050 415.00 Tack Raley 16 10 Glenwood Addition 50 42050 372.50 415oOO IV. 1. ;Hickman 17 10 Glenwood Addition 50 42.50 372,50 415000 Rena Barksdale 18 10 Glenwood Addition 50 42.50 372,50 415.00 IV. R. Smith and wife,, 19 10 Glenwood Addition 50 42950 372.50 415.00 Gertrude Smith T. Wo Erwin 20 10 Glenwood Addition 50 42,50 372,50 415000 L. L. Williams 21 10 Glenwood Addition 50 42.50 372.50 415*00 Clifton E. Bates and wife, 22 10 Glenwood Addition 50 42050 372o50 415,00 Cora K. Bates Beulah F, Treadwell 23 10 Glenwood Addition 50 42,50 372.50 415000 Mrs. Mabel Evans 24 10 Glenwood Addition 50 42.50 372,50 415,00 Mrs. T. L. Stuckert 25 10 Glenwood Addition 50 42050 372,50 415,00 Tames E0 Shurbet 26 10 Glenwood Addition 50 42,50 372050 415,00 n ASSESSNICNT RATE PER FRONT FOOT FOR INTEGRAL CURB . .85 ASSESSMENT RATE PER FRONT FOOT FOR IMPROVEMENTS EXCLUSIVE OF INTEGRAL CURB .$ 7.45 TOTAL AMOUNT ASSESSED AGAINST ABUTTING PROPERTY 01MERSo . o . o . o o .$ 20 9 733 640 TOTAL ESTIMATED AMOUNT OF CITY'S PART.' . * o . o o o . o o e . o . 29627.10 TOWL ESTIK6.TED COST OF INMOVIIVIMTS o . . o . o o . o . . o • o . . 239360.50