HomeMy WebLinkAboutOrdinance 4520 ORDINANCE NO. .�-�D OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TEX.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF
THE COSTS OF IMPROVING A PORTION OF N.E. 34th STREET AND
PUBLIC PLACES 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 ASSESS-
MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE
THEREOF, RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ISSUE
CREDITS AGAINST THE AFORE-R4ENTIONED ASSESSIMENTS SHOULD IT DEEM
IT APPROPRIATE TO DO SO, SAID CREDITS, IF ANY, THEREBY REDUCING
THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY
CREDIT GRANTED AGAINST A RESPECTIVE ASSESSMIENT FOR WHICH NET
AMOUNT THE ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF SHALL
BE ISSUED, AND DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL THIS ORDINAP,?CE BY COPYING THE CAPTION OF SAUTE IN THE
MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE C014)LETE
ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY.
WHEREAS, the City Council of the City of Fort Vhtorth, Texas, has heretofore
ordered that each of the hereinafter described portions of drives and streets, in the City
of Fort Worth, Texas, be improved by raising, grading and filling sane and by constructing
a 6 inch Hot Mix Asphaltic Concrete Pavement laid on a prepared subbase with combined con-
crete curbs and gutters on proper. grade and line where same are not already so constructed.
All of the foregoing improvements are to be constructed together with storm
sewers and drains and other necessary incidentals and appurtenances, as and where shown on
the Plans and in strict accordance with the Plans and Specifications therefor; and contract
therefor has been made and entered into with Texas Bitulithic Company; said portions of
streets and drives being as follows, to wit:
On N. E. 34th Street: From the East line of Decatur Avenue to the West line
of Weber Street, known and designated as Unit No. 4.
YEEP.EAS, estimates of the cost of the improvements on each such portion of
streets, drives and 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 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 25th day of August, 1961, at 9:00 o'clock, A.M.,
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
PRO17ESTED THAT
PROTESTED THAT
PROTESTED THAT
PROTESTED THAT
PROTESTED THAT
PROTESTED THAT
PROTESTED THAT
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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:
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
NORTH, TE.US 2 THAT:
Section 1.
Said hearing be, and the same is herebyv closed and the said protests
and objections2 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
the said portions of streets, drives and 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 of the
improvements in the unit for which such assessments are levied, and establish sub-
stantial 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 benefited in enhanced value to the said property be means of the
said improvements in the unit 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 apportion-
ment ent 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 improve-
ments, 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 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, to wit:
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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 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.
Section 5.
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 ,) 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 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 twenty (20) 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 (6°d) 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 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 said 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, if incurred.
Section 6.
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 nonpayment of as valorem taxes, or, at the option of the
Contractor, or its assigns, payment of said sures 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.
Section 7.
The City of Fort Worth, Texas, shall not in any manner be liable for
payment of the sums hereby assessed against any property or its assigns, shall look solely
to such property and the owners thereof for the payment as such assessments, but the
City of Fort 'North, Texas, shall exercise all of its lawful powers to aid in the
enforcement and collection of said liens and sums and personal obligations.
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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 pro-
portion of the cost allowed and permitted by the law in force in the City,
Section 9.
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: (1) curb and gutter and/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 $5.50 per front foot for curb, gutter and
paving) , (3) property abuts on the street to be improved, but actually fronts on
another street ( this credit to be such that the cost to the property owner, after
allowing such credit, shall not exceed the amount of the assessment against a
residential lot which fronts 100 feet on the street to be improved).
Notwithstanding the City Council has herein reserved the right to issue
credits as hereinabove provided, it shall not be required to issue such credits, and
will not do so, if same would result in any inequity and/or unjust discrimination.
The principal amount of each of the several assessment certificates
to be issued the Contractor by the City of Fort Worth, Texas, as hereinafter provided,
shall be fixed and determined by deducting from the amount of any assessment herein-
above levied such amount or amounts, if any, as may hereafter be allowed by the City
Council as a credit against the respective assessments; and then the improvements
have been completed by the Contractor, the City Council shall pass the necessary
ordinance accepting the improvements. This ordinance will also set out the amount
of the respective assessmentsg the credits, if any, and the principal amount for which
the respective certificates of special assessment shall be issued*
Section 10.
For the purpose of evidencing the several sums assessed against the
respective parcels of abutting property and the owners thereof, and the time and terms
of payment, and to aid in the enforcement and collection thereof$, assignable
certificates in the principal amount of the respective assessments less the amount of
any respective credit allowed thereon2 shall be issued by the City Of Fort Worth,
Texas, upon 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 Mlayor in the name of the City and attested by the City
Secretary, with the corporate seal of the City impressed thereon, and shall be pay-
able to the said 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, 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 ownerg shall
invalidate or in anywise impair such certificate, or the assessments levied.
-5-
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 Collector of Taxes of
the City of Fort Worth, Texas, who shall issue his receipt therefore, 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 forth with with the City Treasurer
to be kept and held by him in a separate fund, hereby designated as TEXAS BITULITHIC
COMPANY STREE'T IMPROVFNIENT FUND, and when any payment shall be made to the Assessor
and Collector of Taxes upon such certificate he shall, upon presentation of 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 endorsement 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 all costs of collection and
reasonable attorneys' fees, if incurred, have been paid in full.
Said certificates shall further recite substantially that the pro-
ceedings with reference to making the improvements have benn regularly had in compli-
ance 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
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 installmentsp leaving the main certificate to serve for the fifth install-
ment, which coupons may be payable either to Texas Bitulithic Company, or its assigns
or to the bearer, and may be signed with the facsilile signatures of the Mayor and
City Secretary.
Said certificates shall further recite that the City of Fort Vlorth,
Texas, shall exercise all of its lawful powers, when requested to do so, 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 any 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.
Section 11.
Full power to make and levy assessments and to correct mistakes,
errors, invalidities or irregularities, either in the assessments or in the certi-
ficates issued in evidence thereof, is, in accordance with the law in force in this
City, vested in the City.
Section 12.
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.
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Section 13.
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 hearing, the amounts assessed for
improvements in any one unit have been in nowise connected with the improvements or
the assessments therefor in any other unit. -
Section 14.
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.
Section 15.
The City Secretary is hereby directed to engross and enroll this ordinance
by copying the caption of same in the Miinute Book of the City Council and by filing
the complete ordinance in the appropriate ordinance records of this City.
Section 16.
This ordinance shall take effect and be in full force and effect from and
after the date of its passage.
PASSED AND APPROVED this /�t h day of _ Se,o/ e� ,b ,G,� , 1961.
APPRCVED AS TO FGR4 AND LEGALITY:
V �
City Attorney
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CIEY Obi FORT `�O11 TH
CITY OF FORT WORTH, TEi_AS � �����
THE SUHJECT MATTER OF THIS M.& C.C.
"
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' '` �0 T111' CITY COU2dCIr
T
.. li _. _lI.-pp !, 196L1 J
+ _,_ F 0)%E_Cr"_M`A-NArER ' (�
kNll WAS 1l e. u Communication to Mayor a AEXMINcU C
CITY SECRETY
September 95, 9961 FT
WOT TEX.
L
City Secretary
or n Rea Assessment Paving on N.E.
Members of the City Council 34th Street (AP-60-25)
City of Fort Worth 94-B4-16
Mrs. McKnight and Gentlemen:
On August 25, 1,961 , the benefit hearing on the paving of N. E. 34th Street
was continued and the Public Works Department was directed to ,poil the
property owners regarding their desires for the paving. The form letter
attached was submitted to the property owners, whereby the owners could
indicate their desires by signing and returning the appropriate form to
the Public Works Department on or befere September 11 , 1961 . The letter
stated' that if theowner did not sign and return the form, it would be
presumed that the owner was in -favor of the paving.
The following is the breakdown of returns received by the Public Works
Department.
I . Parcels of property involved 32
2. Number of property owners 25
3. Total front footage
4. Total assessment after credits 2,786. 18
5. For-.the paving:
$ 15,238. 18
A. Parcels of ,property 5 - 15.6%
B, Front footage of property 497. 18 = 17.8%
C. Amount of assessment $2,530,00 = 16.6%
D. Number 'of owners 5- - 2J..0%
6. Against the paving:
A. Parcels of property 11 = 34,4%
B. 'Front Footage of Proper-h/ 950 = 34, 1%
C. Amount of assessment $5,225.00 = 34>3%
D. Number of owners l0 = 40,0%
7. Did not answer, presumed to be in
favor of paving:
A. Parcels of property 16 = 50,0%
B. Front footage of property 1 ,339 = 48. 1%
C. Amount of assessment $7,483, 18 = 49. l%
D. Number of owners 10 - 40,0%
If it can be presumed that all those not returning the form are in favor of
the project, then 60 per cent of the owners representing 65,6 per cent of
the parcels of property want the street to be improved.
Re ectfully s bmi ed,
LPC:vg �
L, P, Cookingham
1t ana er