HomeMy WebLinkAboutOrdinance 4197 ORDINANCE NO. 441'9
AN ORDINANCE APPROVING AND ADOPTING THE ESTIMATE,STATE-
MENT AND REPORT OF THE CITY ENGINEER WITH REFERENCE TO
THE IMPROVEMENT OF CERTAIN STREETS OR AVENUES OR POR-
TIONS THEREOF OF THE CITY OF FORT WORTH; DETERMINING
THE TYPE OF IMPROVEMENTS TO BE MADE IN EACH UNIT, THE
ESTIMATED AMOUNT PER FRONT FOOT PROPOSED TO BE ASSESSED
AGAINST THE OWNERS OF ABUTTING PROPERTIES AND THEIR
PROPERTIES IN EACH IMPROVEMENT UNIT, THE ESTIMATED
TOTAL COSTS OF THE IMPROVEMENTS IN EACH IMPROVEMENT
UNIT, THE ESTIMATED AMOUNT OF THE TOTAL COSTS OF THE
IMPROVEMENTS IN EACH UNIT WHICH IT IS PROPOSED SHALL BE
PAID BY THE CITY, THE ESTIMATED AMOUNT OF THE TOTAL
COST OF THE IMPROVEMENTS IN EACH UNIT WHICH IT IS PRO-
POSED SHALL BE ASSESSED AGAINST THE ABUTTING PROPERTIES
AND THE REAL AND TRUE OWNERS THEREOF; RATIFYING AND AP-
PROVING THE ACTIONS OF THE CITY MANAGER IN EXECUTING
AND OF THE CITY SECRETARY IN ATTESTING THE CONTRACTS
BETWEEN THE CITY OF FORT WORTH AND R. W. GIBBINS, INC.
AND FIRST OF TEXAS CORPORATION; APPROVING THE 100% PER-
FORMANCE BOND OF R. W. GIBBINS, INC.; DETERMINING THE
MANNER AND TERMS OF PAYMENT OF THE PROPOSED ASSESSMENTS;
ORDERING THAT A HEARING SHALL BE GIVEN TO THE OWNERS
AND TO ALL PERSONS OWNING OR CLAIMING ANY INTEREST IN
OR LIEN UPON ANY PROPERTY ABUTTING THE STREETS OR
AVENUES OR PORTIONS THEREOF TO BE IMPROVED AND TO ALL
OTHER INTERESTED PARTIES AND TO THEIR AGENTS AND AT-
TORNEYS; FIXING THE TIME AND PLACE FOR SUCH HEARING;
DIRECTING THE MAYOR AND THE CITY SECRETARY TO GIVE NO-
TICE OF SUCH HEARING; SPECIFYING THE TYPE OF AND THE
MANNER IN WHICH SUCH NOTICE SHALL BE GIVEN; MAKING
OTHER FINDINGS AND ENACTING OTHER PROVISIONS INCIDENT
AND RELATING TO THE SUBJECT; PROVIDING THAT SHOULD ANY
SECTION OF OR PART OF ANY SECTION OF THIS ORDINANCE BE
HELD VOID THE REMAINING PORTIONS SHALL NOT BE AFFECTED;
AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT
IMMEDIATELY.
WHEREAS, the City Council of the City of Fort Worth has
heretofore by the following numbered ordinances duly passed and
enacted determined and declared the necessity for and ordered the
improvement of the hereinafter described streets and avenues or
portions thereof of the City of Fort Worth, within the limits de-
fined by said ordinances, and has determined to assess a portion
of the costs of the improvements against the properties abutting
the streets and avenues or portions thereof to be improved and
against the real and true owners thereof; said ordinances being
ordinances numbered 3762 and 4121 to 4147, inclusive, as amended
by ordinances numbered 44/174 ; and said streets or
avenues or portions thereof being described as follows, which
streets or avenues or portions thereof are hereby designated as
separate and distinct improvement units to be identified by im-
provement unit numbers as shown below, to-wit:
` • • S J _
WHEREAS, notices of the enactment of said ordinances,
signed in the name of the City of Fort Worth by its Mayor, identi-
fying or designating the streets and avenues or portions thereof
to be so improved, as ordered by said ordinances, and stating that
a portion of the cost of said improvements is to be specially as-
sessed as a lien against the property abutting on said streets or
avenues or portions thereof to be improved, and against the owners
thereof, in the manner provided by Article 1105b, Revised Civil
Statutes of Texas, 1925, as amended, were filed with the County
Clerk of Tarrant County, Texas, and recorded in the Deed of Trust
Records of said County in Volume 1471, pages 214 to 240, and Vol-
ume 1383, page 437; and
WHEREAS, the City Engineer (Public Works Director) has
prepared plans and specifications for such proposed improvements,
and has submitted same to the City Council; and
WHEREAS, said plans and specifications were approved and
adopted by ordinances duly enacted by the City Council of the City
of Fort Worth; and
WHEREAS, due notice to bidders for the construction of
such proposed improvements and for the furnishing of certain fis-
cal agency services was given as required by law and by the Char-
ter of the City of Fort Worth; and
WHEREAS, sealed bids were received for the construction
of such improvements and for the furnishing of fiscal agency serv-
ices to the City and were duly opened at the time and place pro-
vided in the• notice therefor; and
WHEREAS, after careful consideration of all bids received,-
the City Council found that the bid of R. W. GIBBINS, INC., when
taken into consideration with the proposal of FIRST OF TEXAS CORPOR-
ATION to act as the City's Fiscal Agent, was the most advantageous
bid for the City to accept, and that R. W. GIBBINS, INC. and FIRST
OF TEXAS CORPORATION are both responsible parties, and that R. W.
GIBBINS, INC. was the lowest and best bidder on the cash basis and
that said bid is fair and reasonable, and that FIRST OF TEXAS COR-
PORATION was the lowest and best bidder on the proposed fiscal
agency contract and that its proposal is fair and reasonable; and
WHEREAS, by ordinance duly passed, adopted, approved and
enacted on the llth day of September, 1959, the City Council of
the City of Fort Worth authorized the City Manager of the City of
Fort Worth to enter into a contract with R. W. GIBBINS, INC., and
authorized the City Secretary to affix the seal of the City thereto
and attest same based upoft said bidder's Bid No. 2 proposal (cash
basis)(Base Bidj, and authorized the City Manager to enter into a
contract with FIRST OF TEXAS CORPORATION to act as Fiscal Agent
for the City in connection with the construction of the proposed
improvements and the levying of the proposed assessments, and
authorized the City Secretary to affix the City's corporate seal
thereto and attest the same; and appropriated from unappropriated
monies on hand and to the credit of the City a sufficient sum of
money to- satisfy the maximum amounts which it was estimated would
become due to R. W. GIBBINS, INC. and to FIRST OF TEXAS CORPORATION;
and
WHEREAS, such contracts with R. W. GIBBINS, INC. and
FIRST OF TEXAS CORPORATION were duly executed on behalf of the
City and on behalf of said R. W. GIBBINS, INC. and FIRST OF TEXAS
CORPORATION; and
WHEREAS, said executed contracts have been submitted to
the City Council of the City of Fort Worth for approval; and
WHEREAS, said R. W. GIBBINS, INC. has submitted its
100% Performance Bond in the sum of $316,704.05; and
WHEREAS, the City Council finds that said Bond is duly
executed by R. W. GIBBINS, INC. and by a corporate surety duly
authorized to execute surety bonds under the laws of the State of
Texas, and that said bond is a good and sufficient bond and should
be approved, and that said contracts have been duly executed by
said R. W. GIBBINS, INC. and by said FIRST OF TEXAS CORPORATION
and on the part of the City by the City Manager and have been at-
tested by the City Secretary and have been approved by the Public
Works Director and by the City Attorney, and that the actions of
the said City Manager in executing said contracts and of the City
Secretary in attesting same should be ratified and approved; and
WHEREAS, the City Council has caused the City Engineer
(Public Works Director) to prepare and file estimates of the cost
of the improvements in each unit, and estimates of the amounts
per front foot proposed to be assessed in each unit against the
properties abutting the streets or avenues or portions thereof to
be improved and against the real and true owners thereof; and
WHEREAS, the City Council finds that the estimates as
to each unit of the amount per front foot proposed to be assessed
in such unit against the properties abutting the streets, avenues
or portions thereof to be improved and against- the owners thereof,
are all made in conformity with the provisions of the aforemen-
tioned ordinances ordering the improvements to be made, and in
conformity with the subsequent ordinances heretofore passed, ap-
proved and enacted by the City Council, above referred to, and in
conformity with the general intention and desires of the City
Council, and will (with certain possible exceptions hereinafter
mentioned) result in just and equitable assessments and that the
assessments proposed to be levied against the properties abutting
the streets or avenues or portions thereof to be improved are ap-
portioned between such properties and the owners thereof substan-
tially in accordance with the front foot plan or rule; NOW, THERE-
FORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH:
Section l
. The,written estimate, statement and report of the City
Engineer (Public Works Director), having been received and exam-
ined by the City Council of the City of Fort Worth, is hereby in
all things approved and adopted, and said estimate and the method
of arriving at the determinations and findings therein contained
are hereby approved.
Section 2
It is hereby found and determined that the type of im-
provements to be made. in each improvement unit, the estimated
amount per front foot proposed to be assessed in each unit against
the owner or owners of properties abutting each street or avenue
or portion thereof to be improved, and against their properties,
the estimated total, cost of such improvements in each unit, the
estimated amount of the total cost of the improvements in each such
unit which it is proposed shall be paid by the City of Fort Worth,
the estimated amount of- the total cost of said improvements in each
such unit which it is proposed shall be assessed against the abut-
ting properties and the real and true owners thereof, are all cor-
rectly stated and computed by the City Engineer (Public Works Di-
rector) in his said report and estimate, and that such estimate and
report as to each improvement unit is correct, and that all other
information not specifically mentioned above but which is contained
in said statement, report and estimate should be and the same is
hereby adopted as the basis for levying the assessments for such
street improvements, except as otherwise provided herein.
Section 3
The actions of the City Manager in executing and the City
Secretary in affixing the corporate seal of the City to and attest-
ing the contract between the City of Fort Worth and R. W. GIBBINS,
INC. dated the llth day of September, 1959, for the construction of
said street improvements, and the contract between the City of Fort
Worth and FIRST OF TEXAS CORPORATION, dated the llth day of Septem-
ber, 1959, for the performance of certain services by FIRST OF
TEXAS CORPORATION as Fiscal Agent for the City of Fort Worth, are
hereby ratified.
Section 4
The 100% Performance Bond submitted by R. W. GIBBINS, INC.
in the penal sum of $316,704.05 is hereby accepted and approved.
Section 5
The amounts payable by and assessed against the abutting
properties and the real and true owners thereof shall constitute a
personal liability of the real and true owners of each of such abut-
ting properties, and shall be secured by a first and prior lien
upon each of such properties, which lien shall be prior to all other
liens and claims except for State, County, School District and City
ad valorem taxes, which lien may be enforced either by sale of said
respective properties in the manner provided by law for the collec-
tion of ad valorem taxes by the City or by suit in any court having
jurisdiction; and all such assessments shall be payable as follows:
1 When the street improvements have been completed and
have been accepted by the City of Fort Worth by ordinance in or as
to a particular unit, as such units are defined in this and previous
ordinances of the City Council of the City of Fort Worth, the amounts
payable by and assessed against the properties abutting upon that
portion of the street or avenue being improved which is situated in
such unit, and payable by and assessed against the real and true
owners of such properties, shall all be and become due 1n five (5)
equal, (or as nearly equal as possible) installments, as follows:
2 The first of said installments shall be due and payable
on or before twenty (20) days from the date the improvements have been
accepted by ordinance, by the City in the unit in which the street or
avenue which is abutted by the property assessed lies, and the four
Mremaining installments shall be due and payable on or before one
, two (2), three (3) and four (4) years, respectively, from the
date of such acceptance. Interest shall run on the unpaid principal
balance until paid from the date of the acceptance of such improvements
in each such unit at the rate of six (6%) Per cent per annum, which
interest shall be due and payable at the time the principal install-
ments become due as above set out (or at the time of payment of such
installments in the event of prepayment). Past due principal and in-
terest shall bear interest at the rate of eight (8%) per cent per
annum. If default is made in the payment of any installment of prin-
cipal or interest when due, then at the option of the owner and holder
of the special assessment certificate issued to evidence such assess-
ment, the entire amount of such certificate shall be and become im-
mediately due and payable, together with reasonable attorneys' fees
and court costs, if incurred.
Section 6
No assessment shall in any case be made against any abut-
ting property or against the real and true owner or owners thereof
in excess of the special benefits to accrue to such property in the
enhanced value thereof, resulting from said improvements. Where the
application of the front foot rule or plan will, in the opinion of
the City Council, in particular cases result in injustice or irregu-
larity, it is the intention of the City Council that the costs of
the improvements in such cases shall be apportioned and assessed
against such abutting properties and the owners thereof in a just
and equitable manner, as herein and hereafter ordered by the City
Council, having in view the special benefits in enhanced value to be
received by such parcels of property and the owners thereof, and the
equities of such owners, and the adjustment of such apportionment so
as to produce a substantial equivalent of benefits received and bur-
dens imposed. If, upon completion and acceptance of the improvements
in a particular unit, it shall appear that the actual costs of the
improvements are substantially different from the estimated costs, as
to one or more abutting properties, due to a discrepancy in lineal or
front footage or to other error, the ordinance levying the assessment
shall be amended in order to correct such error, provided that in no
event shall any assessment be amended to increase the amount of the
assessment per .front foot against abutting properties above the amount
of the assessment per front foot shown on the City-Engineer's esti-
mate, except after due notice and hearing.
The City Council is of the tentative opinion that the pro-
posed assessment rates may in certain instances fail to produce a
substantial equality of benefits received and of burdens imposed,
to-wit: In those instances in which properties which are zoned for
residential purposes or for other non-commercial purposes would be
assessed at a rate in excess of $5.50 per front foot, and in those
instances in which it is proposed to assess lots which are zoned
for residential or other non-commercial purposes and which abut a
street sidewise or lengthwise for footage in excess of 100 feet on
the same basis as lots which "front" on a street. The City Council
will therefore at said hearing give special study to the question
of whether or not, in order to eliminate inequalities, and in order
that no property shall be assessed in excess of its enhanced value,
a reduction in the proposed assessment rates should be made in such
instances..
Section 7
In the levying and making of said assessments, if the name
of any owner be unknown, it shall be sufficient to so state the fact;
and if any property be owned by an estate, or by any firm or corpora-
tion, it shall be sufficient to so state, and it shall not be neces-
sary to give the correct name of any owner, but the real and true
owner of the property assessed shall be liable and the assessment
against the property shall be valid, whether such owner be correctly
named or not. Assessments against several parcels of property with-
in the same unit may be made in one assessment when owned by the
same person, firm, corporation or estate, and property owned jointly
by one or more persons, firms or corporations may be assessed joint-
ly. It is hereby further provided that said improvements and the
assessment levied therefor in any one unit are in no wise related to
or connected with the improvements or assessments in any other unit;
and in levying said assessments the amounts so assessed, and the
validity of such assessments, in any one of said units shall not be
in anywise affected by any fact or matter connected with the im-
provements or the assessments therefor in any other unit; and the
omission of part or all of said improvements in any unit shall in no
wise affect or impair the improvements of or the validity of the
assessments therefor in any other unit. Further, the omission of
said improvements in any particular unit in front of any parcel or
parcels of property shall in no wise affect or impair the validity
of the assessments against the owner abutting properties in such
unit.
The Contractor shall not be compelled to construct any im-
provements on that portion of any street or avenue immediately abut-
ting any property any interest in which was exempt at the time the
improvements were ordered, from the lien of special assessment and
against which the owners are not willing to fix valid, voluntary me-
chanics' liens, but the Contractor shall be permitted to omit such
improvements on any such street or avenue immediately abutting any
such exempt property (which improvements may be omitted to the cen
terline of such streets). If, however, the owners of any such exempt
properties execute valid mechanics' lien contracts, agreeing to pay
the property owners' share of the cost of the improvements and fixing
a valid lien upon their properties to secure such costs, or if the
City itself shall arrange to pay therefor, then such improvements
shall be constructed by the Contractor on the portion of the street
or avenue abutting such property; provided, however, that in any case
where valid assessments may not be levied against one or more parcels
of exempt property, and the Contractor is unable to obtain the execu-
tion of a valid mechanics' lien contract or contracts by the owners
of said property for the payment of the portion of the costs properly
chargeable against such property, or cash in advance, or the deposit
in escrow until the completion and acceptance of such improvements by
the City of such owners' part of such costs, then the entire unit or
any block therein in which the street or avenue or portion thereof to
be improved is situated may be deleted from the contract at the op-
tion of the City if it is advisable to do so to eliminate drainage
problems or for other reasons. In the event the improvements are
omitted, abutting any particular properties, the lien on such prop-
erties, which was evidenced by the filing of notice of the enactment
of the ordinances ordering such improvements to be made shall be re-
leased.
Section 8
The City does not guarantee the collection of the assess-
ments levied against the owners of abutting properties and their
properties, but will exercise and exhaust all of its lawful power
to aid in enforcing collection and will hold for the Contractor or
its assigns any sums collected between the date ofthe acceptance of
the improvements and the date of delivery of the certificates of
special assessment to the Contractor or its assigns; as well as any
sums which may thereafter be paid to said City as payment on or of
such assessments.
Section 9
A hearing shall be given to the owners, and to all persons
owning or claiming any interest in or lien upon any property abutting
the streets or avenues or portions thereof hereinabove named within
the limits hereinabove defined, and to all other interested parties,
and to their agents and attorneys, before the City Council of the
City of Fort Worth, which hearing shall begin on the 2 O— day of
November, 1959, at af;441 o'clock AQ M and shall be held in the City
Hall of the City of Fort Worth, Texas. At said hearing all of said
owners of abutting properties and all persons owning or claiming any
interest in or lien upon same, and all other interested parties, their
agents and attorneys, shall have the right to be heard on any matter
as to which hearing is a constitutional prerequisite to the validity
of any assessment sought to be imposed and to contest the amounts of
the proposed assessments and/or the liens and the liabi3i ty therefor,
the special benefits to the abutting properties and the owners there-
of by means of the improvements for which assessments are to be lev-
ied, the accuracy, sufficiency, regularity and validity of the pro-
ceedings and contracts in connection with such improvements and pro-
posed assessments and/or concerning any matter or thing connected
therewith,.
The said hearing may be continued from time to time and
day to day until a fair opportunity for hearing has been afforded
to all desiring to contest the said assessments or proceedings, and
the City Council of the City of Fort Worth shall have power and shall
correct any errors, inaccuracies, irregularities and invalidities,
and shall have power to and shall supply any deficiency and shall
have power to and shall determine the amounts of the assessments and
all other matters necessary, and shall have power by ordinance to
close such hearing, and by the same or by a later ordinance or ordin-
ances, to levy such assessments before, during or after the construc-
tion of such improvements, but no part of any assessment shall be
made to mature prior to acceptance by the City of the improvements
in the unit in which the portion of the street or avenue abutted by
the property assessed lies. It shall not be necessary to levy all
of such assessments at one time or by a single ordinance, but said
hearing may be closed as to each portion of a street or avenue con-
stituting a unit of improvement as above set out, after a fair op-
portunity for hearing has been afforded to all desiring to contest
the assessments proposed to be levied for the improvements in such
unit, and the City Council of the City of Fort Worth shall then have
the power to levy such assessments against the property abutting on
said portion of such street or avenue within such unit and against
the owners thereof by the same or by a later ordinance or ordinances.
Section 10
The City Secretary is hereby instructed to give notice
of the fact that such hearing has been called to all members of
the City Council, if any, who are not present at the meeting of
the City Council at which this ordinance is passed.
Section 11
The Mayor and City Secretary of the City of Fort Worth
are hereby ordered and directed to. give notice of said hearing to
all owners and to all persons owning or claiming any interest in
or lien upon any property abutting the streets or avenues or por-
tions thereof to be improved within the limits hereinabove de-
signated, and to all other interested parties and to their agents
and attorneys, by advertisement inserted at least three (3) times
in THE FORT WORTH PRESS,.. a newspaper published in and of
general circulation in the City of Fort Worth, Tarrant County,
Texas, the first publication to be made at least ten (10) days
before the date of such hearing. Such notice shall state the time
and place at which such hearing shall be held, and shall describe
in general terms the nature of the improvements to be made in each
such unit for which assessments are proposed to be levied and to
which such notice relates, and shall describe the streets and
avenues or portions thereof to be improved, in each separate unit
of improvement, and shall state the estimated amount or amounts
per front foot proposed to be assessed against the owner or
owners of properties abutting on each street or avenue or portion
thereof to be improved and against such properties; and shall
state the estimated total cost of the improvements on each street
or avenue or portion thereof to be improved constituting a separ-
ate unit of improvement. It shall not be necessary to include in
said notice the names of the owners of properties abutting on such
streets or avenues or portions thereof to be improved, nor a
specific description of specific lots or tracts.
The City Secretary at his discretion may give such addi-
tional notice of such hearing by mail or otherwise to the owners
of any of the abutting properties as he shall deem advisable, but
the failure of the City Secretary to give any additional notice
shall in no manner invalidate or affect any assessment to be
levied.
Said notice, which shall be published as above set out,
shall be substantially as follows, to-wit:
r
Section 12
Following such hearing, as above provided, and before,
during or after the construction of such improvements, an assess-
ment or assessments will be levied against such abutting property
and against the real and true owners thereof at the date the
Improvements were ordered, whether correctly named or not. No
error or mistake in attempting to name any such owner or in de-
scribing any of said property shall invalidate any assessment or
certificate issued in evidence thereof.
Section 13
Should any section or sections or any part of any sec-
tion or sections of this ordinance be held to be void and without
force and effect for any reason whatsoever by any court of com-
petent ,jurisdiction, the remaining portions of the ordinance
shall not be thereby affected; but they shall, remain in force and
effect as though the void and unenforceable portion thereof, if
any, had not been incorporated herein.
Section 14
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.
APPROVED
AS TO FORM AND LEGALITY:
V •���j�fi�/f �
44ixCity Attorney
WM
UNIT STREET OR AVENUE FROM TO
1 Elgin Street Easterly line of Westerly line of
Amanda Street Stalcup Road
2 Stalcup Road Northerly line of Southerly line of
Fitzhugh Street Ramey Street to the
East
3 May Street Northerly line of Southerly line of
Bewick Street Lot 5, Block 34,
Ryan Pruitt Addition
4 Baldwin Street Northerly line of Southerly line of
West Dickson Street West Butler Street
5 Baltimore Street Westerly line of Westerly line of
Yuma Street Delaware Street
6 Townsend Drive Northerly line of Northerly line of
West Berry Street West Bowie Street
7 Townsend Drive Northerly line of Northerly line of
West Cantey Street McPherson Street
8 Cantey Street Easterly line of Westerly line of
New York Avenue Mississippi Avenue
9 Forbes Street Easterly line of Westerly line of
Sydney Street Rufus Street
10 Fairfax Avenue Easterly line of Westerly line of
Shackleford Street Trentman Street
11 Lois Street Easterly line of Easterly line of
Bishop Street Lot 1, Block 5,
Meadowlawn Addition
12 Avenue "H" Westerly line of Westerly line of
Lloyd Street Edgewood Terrace
13 Avenue "M" Westerly line of Westerly line of
Lloyd Street Edgewood Terrace
14 Avenue "M" Westerly line of Easterly line of
Schmidt Street Miller Street
15 Donnelly Avenue Easterly line of Easterly line of
Littlepage Street Halloran Street
16 Donnelly Avenue Easterly line of Westerly line of
Halloran Street Horne Street
17 Humbert Avenue Westerly line of Easterly line of
Bourine Street Hervie Street
18 Farnsworth Avenue Westerly line of Westerly line of
Bourine Street Hervie Street
19 Lovell Avenue Easterly line of Easterly line of
Horne Street Faron Street
UNIT STREET OR AVENUE FROM TO
20 Locke Avenue Easterly line of Easterly line of
Prevost Street Hervie Street
21 West Roberts Easterly line of Westerly line of
Street Ryan Avenue Willing Avenue
22 Marquita Street Northerly line of Southerly line of
US Highway 80 Slocum Avenue
23 Byron Street Southerly line of Southerly line of
Rockwood Drive Blackstone Drive
Blackstone Drive Westerly line of Easterly line of
(An off-set in Byron Street to the Byron Street to the
Byron Street) South North
Byron Street Northerly line of Southerly line of
Blackstone Drive Deering Drive
24 Lulu Street Southerly line of Southerly line of
Maydell Avenue Eva Street
25 South Main Street Northerly line of Northerly line of
Butler Street Ripy Street
26 Routt Street Easterly line of Easterly line of
Hunter Street Milam Street
27 Hendricks Street Northerly line of Southerly line of
Avenue "GII East Rosedale
28 Avenue "0" Easterly line of Westerly line of
Mitchell Boulevard Hawkins Street
NOTICE OF HEARING ON SPECIAL BENEFITS TO BE RECEIVED FROM PROPOSED
STREET IMPROVEMENTS, AND ON OTHER MATTERS WITH REFERENCE THERETO,
WHICH HEARING IS TO BE HELD IN THE CITY HALL OF THE CITY OF FORT
WORTH, TEXAS, BEGINNING ON THE XO to DAY OF NOVEMBER, 1959 AT 9;00
O'CLOCK A. M
TO ALL OWNERS AND TO ALL PERSONS OWNING OR
CLAIMING ANY INTEREST IN OR LIEN UPON ANY
PROPERTY ABUTTING THE STREETS OR AVENUES OR
PORTIONS THEREOF OF THE CITY OF FORT WORTH,
TEXAS, HEREINAFTER NAMED, WITHIN THE LIMITS
HEREINAFTER SET FORTH, AND TO ALL OTHER
INTERESTED PARTIES, AND TO THEIR AGENTS AND
ATTORNEYS:
YOU ARE HEREBY NOTIFIED that the City Council of the
City of Fort Worth, Texas, has determined the necessity for and
ordered the improvement of certain streets or avenues or portions
thereof, hereinafter described, within the limits hereinafter de-
fined, the nature of which improvements is hereinafter generally
set forth; and that said City Council has approved and adopted
the estimate, statement and report of the City Engineer (Public
Works Director) and has taken other proceedings with reference to
the making of such improvements, all of which are of record in
the Minutes of the City Council of the City of Fort Worth; and
has by ordinance ordered that a hearing be held, and notice there-
of given,
NOW THEREFORE, PURSUANT TO SAID PROCEEDINGS
AND SUCH ORDINANCE, NOTICE IS HEREBY GIVEN:
I
That a hearing shall be given to the owners and to all
persons owning or claiming any interest in or lien upon any prop-
erty abutting the streets or avenues or portions thereof of the
City of Fort Worth, Texas, hereinafter named, within the limits
hereinafter set forth, and to all other interested parties and to
their agents and attorneys, before the City Council of the City
of Fort Worth, Texas, which hearing shall begin on the .ZVII day
of November, 1959, at 9:00 o'clock A.M, and shall be held in the
City Hall of Fort Worth, Texas, at which hearing all of said owners
and other interested parties, their agents or attorneys, shall have
the right to be heard on any matter as to which hearing is a con-
stitutional prerequisite to the validity of any assessment sought
to be imposed and to contest the amounts of the proposed assess-
ments, the lien and the liability thereof, the special benefits to
the abutting property and the owners thereof by means of the im-
provements for which such assessments are to be levied, the accur-
acy, sufficiency, regularity and validity of the proceedings and
contracts in connection with such improvements and proposed assess-
ments, or concerning any matter or thing connected therewith. The
said hearing may be continued from time to time and day to day un-
til a fair opportunity for hearing has been afforded to all desir-
ing to contest the said assessments or proceedings, and the City
Council shall have power to and shall correct any errors, inaccur-
acies, irregularities and invalidities, and shall have power to
and shall supply any deficiency and shall determine the amount of
assessments and all other incidental matters, and shall have power
by ordinance to close such hearing and by the same or by a later
ordinance or ordinances, to levy such assessments before, during
or after the construction of such improvements, but no part of any
assessment against abutting 'properties shall be made to mature
prior to acceptance by the City of the improvements abutting the
properties for which the assessment is levied. It shall not be
necessary to levy all of the assessments at one time or by a
single ordinance, and said hearing may be closed as to each por-
tion of a street or avenue, constituting a unit of improvement
(as such units are designated below), after a fair opportunity for
hearing has been afforded to all desiring to contest the assess-
ments proposed to be levied against the owners and their properties
abutting on the portion of each such street or avenue, constituting
a unit of improvement; and the City Council shall then have the
power to levy such assessments against such abutting properties and
against the owners thereof, as provided herein and in the prior
proceedings of the City Council herein referred to. No assessment
will be made against any abutting property or owner thereof in ex-
cess of the special benefits to such property and its owner in the
enhanced value thereof by means of such improvements as determined
at such hearing. All of said owners, claimants and other interest-
ed parties, their agents or attorneys, are hereby referred for fur-
ther information to the proceedings with reference to said improve-
ments on file and/or of record with the City Secretary of the City
of Fort Worth, and particularly to the estimate of the City Engin-
eer (Public Works Director) and to the proposed assessment roll
wherein the exact amount proposed to be assessed against each prop-
erty abutting any of such streets, avenues or portions thereof
within the limits hereinafter set forth, and the owners thereof, is
set forth; said City Engineer's estimate and said proposed assess-
ment roll being on file in the office of the City Secretary.
II
The nature of the improvements for which assessments are
proposed to be levied and to which this notice relates is as fol-
lows: Said streets and avenues or portions thereof within the lim-
its hereinafter described, shall be improved by raising, grading,
filling, widening, permanently paving or repaving same by the
construction, reconstruction, repairing or realigning of concrete
curbs and gutters in the manner and where the City Engineer determ-
ined that adequate curbs and gutters are not now installed on prop-
er grade and line, and by constructing necessary and proper appur-
tenances and incidentals to such improvements, including drains
and culverts, where necessary in the opinion of the City Engineer;
said improvements to consist of the construction of 1i" hot mix
asphaltic concrete surface on 7j" crusher-run crushed limestone
base, and combined 8" curb and 2' gutter, which paving, curbing and
guttering, as well as all of such other improvements to be made,
shall be of such nature and type of construction in each particular
unit of improvement as is shown in the plans and specifications of
the City Engineer.
III
The streets and avenues or portions thereof to be improved
within the limits designated by the City Council are listed below,
as they have been divided by the City Council into separate and
distince improvement units. There is stated in connection with the
listing of each street and avenue or portion thereof within the
limits herein defined corB tituting each improvement unit the esti-
mated amount or amounts per front foot to be assessed against the
owner or owners of properties abutting such street or avenue or por-
tion thereof and such properties, the estimated total cost of the
street improvements in each improvement unit and the width of paved
surface to be attained from face of curb to face of curb.
If there is any existing curb and/or gutter on any street
or avenue abutting any particular property or properties, a credit
of $1.73 per front foot will be allowed for such existing curb and
gutter, and a credit of $.86 per front foot will be allowed for
existing curb where there is no gutter; such credits to include the
excavation therefor.
The City Council is of the tentative opinion that the
proposed assessment rates may in certain instances fail to produce
a substantial equality of benefits received and of burdens imposed,
to-wit: In those instances in which properties which are zoned for
residential purposes or for other non-commercial purposes would be
assessed at a rate in excess of $5.50 per front foot, and in those
instances in which it is proposed to assess lots which are zoned
for residential or other non-commercial purposes and which abut a
street sidewise or lengthwise for footage in excess of 100 feet on
the same basis as lots which "front" on a street. The City Council
will therefore, at said hearing, give special study to the question
of whether or not, in order to eliminate inequalities, and in order
that no property shall be assessed in excess of its enhanced value,
a-reduction in the proposed assessment rates should be made in such
instances.
It is the tentative opinion of the City Council that the
proposed assessments should be adjusted in those instances where
the proposed improvements will abut property which is zoned resi-
dential or non-commercial so that any such lot should be assessed
at a rate no greater than $5.50 per front foot for curb, gutter and
paving; and so that the assessments against any such lot which abuts
any such streets sidewise for a distance of more than 100 feet shall
be adjusted in such a manner that any such lot shall have levied
against it an assessment for no greater sum of money than would a
residential lot which fronts on such a street for a distance of 100
feet.
The designation of such streets and avenues or portions
thereof and such other information is as follows:
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IV
The City reserves the right to omit the improvements in
front of any properties any interest in which was exempt from the
liens of special assessments at the time the street improvements
were ordered, and further reserves the right to omit the improve-
ments to entire units, or any blocks therein, where one or more
properties therein are exempt from the lien of the assessment and
the owners fail or refuse to execute valid mechanics' lien con-
tracts, fixing valid contractual liens against such properties,
or to otherwise secure the payment of their share of the costs
of such improvements, and any such omission will not invalidate
the lien or liability of assessments made against the abutting
properties being improved.
DONE BY THE ORDER OF THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, IN WITNESS WHEREOF
WE HAVE HEREUNTO SET OUT HANDS AND THE SEAL
OF SAID CITY THIS (o�-'i DAY OF NOVEmace,1959.
MAYOR, City of Fort Worth, Texas
ATTEST:
Q
CITY SE TARY, City of Fort Worth
(SEAL OF -CITY)
)
THE STAVE OF TEXAS
COUNTY OF TARRANT
CITY OF.RORT WORTH
I, ROY A. BATEMAN, City Secretary in and for the City of
Fort Worth, Tarrant County, Texas, DO HEREBY CERTIFY that the above
and foregoing is a true and correct copy of a NOTICE OF HEARING ON
SPECIAL BENEFITS AND ON OTHER MATTERS WITH REFERENCE THERETO, to be
held on the ;2,0tllday of November, 1959, at r!'00 o'clock A,M,
done by order of the City Council of the City of Fort Worth, Texas,
pursuant to instructions contained in an ordinance approving and
adopting the estimate, report and statement of the City Engineer of
the cost of the improvements, etc., which ordinance was passed by
the City Council of the City of Fort Worth, Texas, on the (P�A day
of Ndve mJ3tP— , 1959, which ordinance, together with the above and
foregoing Notice of Special Hearing, appears of record in Book
of the Minutes of said City Council of the City of Fort Worth.
WITNESS MY HAND AND SEAL OF SAID CITY on this, the fv
day of 1V0VQ1 0eP-� 1959.
Z70L4-1r__
tMECRETARY, City of Fort Worth
(SEAL OF CITY)
ORDINANCE
No-
Title
Adopted is
Final Adoption
Published ' -'
Filed_ nay Of—
City Seeretary �
Ace
P. O.eta. 14ol -A