HomeMy WebLinkAboutOrdinance 2730 ORDINANCE NO. -2 730
Q
AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS,
LEVYING AN ASSESSMENT FOR THE PAYMENT OF A
PORTION OF THE COST OF IMPROVING WEST TENTH
STREET (SOMETIMES REFERRED TO AS TENTH STREET)
IN THE CITY OF FORT WORTH TEXAS WITHIN THE
LIMITS HEREIN DEFINED• FLING A 6HARGE AND
LIEN AGAINST THE PROPiRTIES ABUTTING UPON SAID
STREET AND AGAINST THE REAL AND TRUE OWNERS
THEREOF-PROVIDING FOR THE ISSUANCE OF ASSIGN-
ABLE CkiTIFICATES UPON THE COMPLETION AND AC-
CEPTANCE OF SAID WORK AND THE MANNER AND TIME w
OF PAYMENT THEREOF, AND PROVIDING FOR THE MAN-
NER AND METHOD OF COLLECTION OF SAID ASSESS-
MENTS AND FOR INCIDENTAL MATTERS; DECLARING AN
EMERGENCY AND PROVIDING THAT THIS ORDINANCE
SHALL TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE
AND APPROVAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
The City Council of the City of Fort Worth, Texas, hereby
finds and determines:
(a) - That the City Council of the City of Fort Worth,
Texas, has heretofore, by Ordinance duly enacted on No-
vember 24, 1948, determined the necessity for, and or-
dered the improvement of portions of WEST TENTH STREET,
(sometime referred to as Tenth Street) within the
limits hereinafter defined, in the City of Fort Worth,
Texas in the manner and according to the plans and
specifications therefor, which plans and specifications
have heretofore been approved and adopted by said City
Council, said street and the portions thereof so ordered
improved being as follows:
WEST TENTH STREET, from the Easterly line of Penn Street to
the Westerly line of Cherry Street save and except the
intersection of Henderson Street, In the City of Fort
Worth, Texas.
(b) That notice duly executed in the name of the City
of Fort Worth, Texas, of the enactment of the above de-
scribed Ordinance has heretofore been filed with the
County Clerk of Tarrant County, Texas, and duly recorded
in the Mortgage Records of said County.
(c) That after advertising for bids for the con-
struotion of said improvements in the manner and for
the length of time as required by the law and the
Charter of said City, the lowest secure bid of Brown
& Root, Inc. was accepted and contract duly awarded
to said Brown & Root, Inc. for the construction of
said improvements, by Ordinance duly enacted on Sep-
tember 21, 1949, which contract is dated September 21,
1949; and
(d) That the City Council has caused the Director of
Public Works to prepare and file estimates of the
cost of such improvements on the portions of said
street to be improved, and estimates of the amount per
front foot proposed to be assessed against the proper-
ty abutting upon said street within the limits above
defined, and the real and true owners thereof, and
said Director of Public Works has heretofore filed
said estimates and a statement of other matters relat-
ing thereto with said City Council and same have been
received, examined and approved by said City Council.
(e) That said City Council, by duly enacted Ordinance
dated October 5, 1949, did determine the necessity of
levying an assessment for that portion of the cost of
constructing said improvements on said street within
the limits herein defined, to be paid by the properties
abutting thereon, and the real and true owners thereof,
and did order and set a hearing to be held at 9:30 A.I .
October 19, 1949, in the Council Chamber of the City
Hall of Fort Worth, Texas, for the real and true owners
of the properties abutting upon said street within said
limits defined, and for all others owning or claiming
any interest in, or otherwise interested in said proper-
ties, or said matters as to the assessments and amounts
proposed to be assessed against each parcel of said
abutting property, and the real and true owners thereof,
and as to the special benefits to accrue to said abutting
properties and the real and true owners thereof by virtue
of said improvements, if any, or concerning any error,
invalidity, irregularity or deficiency in any proceeding
or contract ooncerning. same, to appear and be heard in
person or by counsel, and offer evidence in reference to
said matters; and said City Council did by said Ordin-
ance, order and direct that the City Secretary of said
City give notice of said hearing as required by the
laws of the State of Texas, to-Twit: Chapter 106 of the
Acts of the 40th Legislature of the State of Texas,
known as Article 1105«►b of Vernon's Annotated Civil
Statutes of Texas, as adopted by Section 17 of Article
XXIII of the Charter of said City, said notice to be by a pub:►-
lioation in some newspaper of general ciroularion in the
City of Fort Worth, Texas, said notice to be published in
said newspaper at least three times prior to the date of
said hearing, the first publication of which to be at
least ten days prior thereto.
(f) That said notice as ordered and directed by said
City Council and as required by said Acts above Identi-
fied, was duly given by publication of same in the
Fort Worth Star Telegram , a newspaper of general cir-
culation published in the City of Fort Worth, Texas, on
October 6th.., 7th and 8th. 1949.
- 2 »
(g) That after due, regular and proper notice there-
of, all as provided by said Acts, said hearing of
which notice was given was opened and held on Oot-
ober 19, 1949 at 9:30 o'clock A, M, in the Council
Chamber of the City Hall of the City of Fort 'forth,
Texas, In accordance with said Ordinance and Notice
at which time an opportunity was given to all of sad
above mentioned parties and agents and attorneys, to
be heard and to offer evidence as to all matters in so-
cordanoe with said Ordinance and Notice.
(h) That at said hearing held pursuant to such Notice
on October 19, 1949, said City Council heard evidence
as to the special benefits in enhanced value to accrue
to said abutting properties, and the real and true
owners thereof, as compared with the portion of the
cost of constructing said improvements prQpoasd to be
assessed against said properties, and heard all part-
ies appearing and offering testimony, together with
all protests and objections relative to such matters
and as to any errors, invalidities or irregularities in
any of the proceedings and contract for said improve-
ments, and gave a full and fair hearing to all parties
making or desiring to make any such protest, objections
or to offer testimony, and fully examined and oonsid-
erect all of said evidence, matters, testimony and ob-
jections offered; and, based upon said evidence, testi-
mony and hearings, the City Council found that each and
every parcel of property abutting upon said street,
within the limits improved as herein defined, would be
enhanced in value and specially benefited in an amount
in excess of the amount of the cost of said improve-
ments proposed to be assessed against each of said par-
oels of property, and the real and true owners thereof;
and said City Council did consider and correct all er-
rors, invalidities, or deficiencies called to its atten-
tion, and did find that all proceedings and contracts
were in accordance with the laws under which same axe
being had and the proceedings of said City Council there-
tofore had with reference to such improvements and that
all of same are in all respects valid and regular; and
that the assessments hereinbelow made against said
abutting properties, and the real and true owners there-
of, are just and equitable, and did adopt the rule of
apportionment set forth below herein and the division
of the costs of said improvements between said abutting
properties and the real and true owners thereof, and
being gust and equitable and as producing substantial
equality, considering the benefits to be received and
the burdens imposed thereby and that all objections and
protests should be overrule& and denied. Said hearing
was duly continued and kept open by a resolution adopted
on October 19, 1949,until October 26, 1949, when by an
Ordinance enacted on that date, said meeting was duly
closed,
» 3 is
SECTION II:
That in pursuance of said Ordinance duly enacted by said
City Council authorizing and ordering the improvement of said above
described street, within the limits hereinabove named and defined,
and in pursuance of said proceedings heretofore had and enacted by
said City Council in reference to said improvements, and by virtue
of the powers vested in said City with respect to said street improve*
mento by the laws of the State of Texas, with particular reference
to Article 1106-b of Civil Statutes of Texas, as amended, and as
adopted by Section 17, Article XIII, of the Charter of said City,
there shall be, and is hereby levied, assessed and taxed against the
respective parcels of property abutting upon said street, as herein
below described, and against the real and true owners thereof, wheth-
er such real and true owners be named or correctly named, or whether
said properties be correctly described herein or not, the several
sums of money hereinbelow mentioned and itemized opposite the de—
acription of the respective parcels of said property, all as adjusted
by said City Council, being as follows, to-tit:
(Mere Final Assessment Rolle)
.. 4
SECTION III:
That the several sums mentioned above in Section II
hereof, assessed against said parcels of abutting property and the
real and true owners thereof, whether said owners be named or cor-
rectly named or whether said properties be correctly described
herein or not, together with interest thereon at the rate of Six
(6%) per cent per annum and with reasonable attorney's fees and all
costs and expense of collection, if incurred, are hereby declared
to be and made a first and prior lien upon the respective parcels
of property against which same are assessed and taxed from and after
the date said improvements were ordered by said City Council on
November 24, 1948, and a personal liability and charge against the
real and true owner or owners thereof, whether or not such owner or
owners be named or correctly named herein, and said liens are and
shall be paramount and superior to all other liens, claims, or titles
except for lawful ad valorem taxes; and that the sums so assessed
and taxed shall be payable as follows, to-wit: in five (5) equal
Installments, the first of which will be payable on or before twenty
days after the completion and acceptance of said improvements by
said City Council, and the four (4) remaining installments to be due
and payable respectively one (1), two (2), three (3) and four (4)
years from and after said date of completion and acceptance of said
Improvements by said City Council, deferred payments to bear interest
from such date at the rate of six (6K) per cent per annum, payable
annually, past due installments of principal and interest to bear
interest at the same rate per annum until paid; however, any owner
of such property shall have the right to pay off the entire amount
of any such assessment, or any installment thereof, before maturity
by paying principal and accrued interest to date of said payment; and
provided, further, that if default shall be made in the payment of
any installment of principal or interest when due, then the entire
amount of said assessment or tax, upon which such default is made#
- 5 -
shall, at the option of the said Brown & Root, Inc., or its assigns,
be, and become immediately due and payable and shall be collectible,
together with reasonable attorney's fees and all costs and expenses
Of oalleotion, if incurred,
UCTION IV•
That the City of Fort Porth, Texas, shall not in any man-
ner be liable for the payment of any sums hereby validly assessed
against any abutting property and the real and true owner or owners
thereof, but Brown & Root, Inc, shall look solely to such property
and to the real and true owner or owners thereof, for payment of any
sums validly assessed against said respective parcels of property,
but said City shall be obligated to furnish Brown & Root, Inc. valid
assessments and assessment certificates and shall exercise all of
its lawful powers to aid in the enforcement and collection of said
assessments; and, if default be made in the payment of any of said
sums herein assessed or taxed against the said parcels of property,
and the real and true owner or owners thereof, collection thereof
shall be enforced at the option of said Brown & Root, Inc., or its
assigns, either by suit In any court having jurisdiction or by sale
of the property assessed as nearly as possible in the manner as may
be provided by law in force in said City for the sale of property for
the collection of ad valorem tames,
SECTION V:
That for the purpose of evidencing said assessments or
special taxes, the liens securing same and the several sums assessed
against the said parcels of property and the real and true owner or
owners thereof, and the terms of payment, and to aid in the enforce-
ment thereof, assignable certificates shall be issued by the City of
Fort North, Texas, to Brown & Root, Inc., upon the completion and
acceptance of said improvements in said street, which shall be exe—
cuted by the Mayor in the name of the City, attested by the City
r 6 r
Secretary with the City's corporate seal, and which„shall declare
the amounts of said assessments and the terms thereof, the rate of
Interest thereon, the date of the completion and the acceptance of
the improvements for which are issued, and shall contain the name
Of the apparent true owner or owners as accurately as possible and
the description of the property assessed by lot and block number or
front foot thereof, or such other description as may otherwise
Identify the same, and if the said property shall be owned by an es-
tate or firm, then to so state the fact shall be sufficient, and no
error or mistake in describing any such property or in giving the
name of any owner or owners, or otherwise, shall in anywise inv4i-
date or impair the assessment levied hereby or the certificate is-
sued in evidence thereof.
That the said certificate shall further provide substan-
tially that if default shall be made in the payment of Any install-
ment of prinoipal or interest when due, then at the option of Brown
& Root, Inc., or its assigns, or the then holder thereof, the whole
of said assessment evidenced thereby shall at once become due and
payable and shall be collectible with reasonable attorney's fees and
all expenses and costs of collection, if incurred, and said oertifi-
cats shall set forth and evidence the personal liability of the real
and true owner or owners of such property, whether named or correctly
named therein or not, and the lien upon such property, and that said
lien is first and paramount thereon, superior to all other liens,
titles and charges, except for lawful ad valorem taxes, from and
after the date said improvements were ordered by said City Council,
and shall provide in effect that if default shall be made in the pay-
ment thereof, the same may be enforced, at the option of Brown &
Root, Inc. or its assigns, either by the sale of the property there-
in described in the manner provided for the collection of ad valorem
taxes as above recited, or by suit in any court having Jurisdiction.
- 7 -
That said certificate shall further recite in effect that
all the proceedings with reference to making said improvements have
been regularly had in compliance with the law in force in said City
and with proceedings of the City Council of said City, and that all
prerequisites to the fixing of the assessment lien against the prop-
erty and the personal liability of the real and true owner or owners
thereof, evidenced by such certificates, have been regularly done and
performed, which recitals shall be evidence of all the matters and
facts so recited and no further proof thereof shall be required in
any court. That the said certificates *ay have coupons attached
thereto in evidence of the several installments thereof, which may be
signed with the facimile signatures of the Kayor and City Secretary.
That said certificates shall further provide in effect that the City
of Fort Porth, Texas, shall exercise all of its lawful powers when
requested to do so by the holder of said certificates, to aid in the
enforcement and collection thereof, and said certificates may contain
other and further recitals pertinent and appropriate thereto. It
shall not be necessary that said certificates shall be in the exact
form as above set forth, but the substance and effect thereof shall
suffice.
SECTION VI:
That all such assessments levied are, and shall be, a
personal liability and charge against the respective real and true
owner or owners of said abutting properties, notwithstanding such own-
er or owners may not be named or correctly named, and any irregularity
in the name of the property owner, or the description of any property
or the amount of any assessment, or in any other matter or thing
shall not in anywise invalidate or impair any assessment levied hereby
or any certificate issued, and such mistake, error, invalidity or ir-
regularity, whether In such assessment or in the certificate issued
in evidence thereof, may be,. but is not required to be, in order to be
enforceable, corrected at any time by the City Council of the City of
Fort Worth, Texas. That the total amounts assessed against the re-
- 8 -
spective parcels of property abutting upon said street, within the
limits herein defined, and against the real and true owner or own-
ers thereof, are not more than the estimates of said assessments
and charges prepared by the Director of Public Works and approved
and adopted by said City Council and are in accordance with the pro-
ceedings of said City Council, and are within the tome, powers and
provisions of said Chapter 108 of the Acts of the 40th Legislature
of the State of Texas, known as Article 1108-b of Vernonta Annotat-
ed Civil Statutes of Texas, as adopted by Section 17, Article XXIII,
of the Charter of said City, under which said improvements and as-
sesaments were had and made by said City Council.
This Ordinance shall take effect and be in full force from
and after its passage,
PASSED AND APPROVED, this the day of November, 1949,
XAYOR OF THE am OF
FORT WORTH, TEXAS
ATTEST:
CITY SECREM
APPROVED AS TO FORM:
CITY AMMM
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