HomeMy WebLinkAboutOrdinance 3349 I
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ORDIffANCE NO.
ORDINANCE CLOCI"^TG AbH) LNVYING ASSE SSYTwTS
FOR PART 07 TEE CO'EST OF I 'PROVI!M A PO?aTIO,, 01' 77AST
FIRST STREET AND PORTIONS 011 STTa,G,JT Y OT"ER `-TRTrT,TS
AlfiTT,i AVC'NTIErS IN THTC;, CITY OF FORT ";,JrO tTH, TT T'AS, FI:>NG
CHARGES AND LIENS AGAIIIS°I P.ROPF,R`T'Y ABTITTINk T.rvEREON1
ATID AGAINST TIE OI;T.,;11�,RS T LRE014 IUIU AGAINST RAIL`"A S,
STREET RATT i,!AQTS OT_'' 1"TE"RU RTFA1TS ?'SING, OCCUPYING OR
CROSSING ANY OF S ID PORTIONS 02 STMIETS ANT"' AVENT-TES,
AIR) AGAINST TEE O,R,lT],,Try !"T1ERT,'OF, PROVIDTNG 7OR TRTT,
COLLECTION OF °: TICT.r _,_`TT`x,aTir,TTS AITYa Ti:,% ISSTTCICE OF
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ASSIGT',ABLI CT '".TIFICATEr'S ITT TT*"ITiET"CE TE EMEOF.
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TRT;TT��EA4l, the City of Fort .q„Torth, Texas, has heretofore
ordered that the hereinafter mentioned ndd�rdescribedrportion
of East First Street and rortions o streets and
avenues in the City of .Fort Worth, Texas, be improved by
raising, gradin; and filling same and by constrr_actinp tT�.ereon
a 6 inch reinforced concrete pavement with a 1- inch hot mix
asphaltic altic cor!crete surface, together with combined curbs and
gutters on proper grade and; lire where same are not already
so constructed, togcther with recessary incider;tals and
appurtenances, all to constraacted as and where shoirn on
the Plans and in, strict accordaazar.ce with the Flans and ',spec-
ifications therefor; and contract has been made arrf entered
into with Texas Litulithic Compary for the making and con-
struction of such improvements; said, portions of streets and
avenues being as follows, to
EAST FIRST 13`,RT4BT, from the easterly line of Elm Street
to the westerly line of TT'arding Street, known and designated,
as 7nit No. 2;
EAST FIRST STR512T, from the easterly line of Tones Street
to the easterly line of Pecan Street, 1cno"in and designated
as Unit No. 3;
AST SECOT�,I;, "! !,!.T+°T°', from the westerly line of Elraa Street
to the easterly line of il.ampton. Stroet, knowr- and desi;~,nated
as Unit ',�To. 4;
EAST FOFTRTT E'Rf°T;'i', from the westerly line of Elm, ;street
to the easterly line of Criurip 'Street, noiavn and desi hated as
17nit N"o. 5;
FAiVI,FTOF,E STREET, from the northerly line of 13ast First
Street to the northerly line of Fast Second Street, 1,own and,
designated as Unit No. 6;
ii CRTRVIP STREET,, from the southerly line of East Second.
Street to the nort'rerly line or East Fourth Street, save and
except the intersection of 1,ast Third Street, l notirn and,
designated as 7nit Z`?o. 7;
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ELM STRY,T, from the southerly line of Past First Street
to the northerly line of ]"'.';ast Second Street, known and designated
as 7nit No. 8;
TERRY STRR]joTl from the southerly line of East Second
Street to the northerly lire o' rust Folarth Street, save and
except the intersection of East TTlird Street, knoi,m and desig-
nated as Unit No. 9;
PECA]"T STYIEET, from the southerly line of East First
Street to the northerly line of East .;'ourth Street, save and
except the intersections of East Second and East Third Streets,
known and designated as TTYAt No. 10;
GROU STRE�,,T, from the sortherly line of East ',,Teatlherford
Street to the northerly line of East Fourth Street, save and ex-
cept the intersections of East First, East Second ard East Third
Streets, known an(9, designated as Unit No. 11;
LAIAAR from the soiitherly line of ',),"est Belknap
Street to the northerly line of Jest "),11'eatherford. Street, known
and designated as Unit TIo. 12;
BITRrIT1,TT STREJ,'�T, from th,(-; southerly line of '',Test Belknap
Street to the northerly line of li,,)ost I,,Teathorford Street, known
and designated as Unit No. 13;
CHERRY STREI.,37, from the sotitlaerly line of 'vJest BelIkInEaP
Street to the northerly li-.-.,e of V.Jest First �treet, save and
except the intersection of "Teatherford. Street, Irnol,,rn and desig-
nated as TTnit JTo. 11,-;
FLORENCE STRE�'IIT, from the southerly line of ",rest BeLknap
Street to the northerly line of" ',Jest "rTeatherford Street , knolrn
and designated as Unit 11o. 1�5;
WEST EIIT,7? ST.113EY10T, from the westerly line o4' Le7inrrton
Street to the westerly line of Henderson Street, known and.
.Iesig?natpd as Unit ITo. 1.6;
LEXINGTON STREET, frog: thr- soi,7,therly line of WeatTaerford.
Street to the northerly line Of "I7I'3St P")A."St Street, known and
designated, as Unit No. 12;
BALLTNGER STREET, from the northerly line of Thirteenth
Street to the southerly line of Texas Street, known and
desil",'nated as TTnit Cko. 22;
ELM ST- T,`T, from tI-ie rovtherly line of East Third Street
to the rkortherly line of YTast Fourth Street, known and. designated
,as Unit ffo. 23;
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from. the easterly line of Jennings
Aveni.7e to the westerly right-of-way line of the T. an(". (`11. 0.
Railroad, knovn and designated as Unit No. 24;
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and
T,U REAS, estimates of the cost of the improvements on each
such, portion of street and avenue -were, prepared, and, filed and
approved and adopted by the City Council of the City, and a time i,
and place was fix�,d for a Jaeari ag to the oi�,iners of ablitting prop-,
erty, and to the owners of railwRys, street railways or inter-
iirbans using, occrpyin,-I and/or crossing any of said portions of
streets and avenues, and the o�,rners thereof, and to all others
in anywise, interestr!6, and, atie ai,,id proper notice of t.he time,
place and purpose of said. hearing was given and said hearing wrns
had and held at the time and rilace fixed therefor, to wit, on
the day of A. D. , lq�,15, at o'clock,
. 111. , in the, Council Chamber in the City Nall in the City
of Fort F,,,,Torth, Texa,=i, , and rt such hearing the follo,,,,Ting protests
and,objections -were i-ade, to wit:
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_ protested that
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l,:rotes'15ed that
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protested that
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_.. protesters that
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protested that
protested that
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protested that
protested that
protested that
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�J and said hear tine was r, ontinuo d to tate present time in order to
more fully accomplish the and all deairin,r; J
to be rae.a.ru were ,,ivat. °'u:tl and Mr opportunity to be, ncar^cx;
anal t°he- City CounuiL o1 that:, C i cyr ha aln,; fully conal«'tiered all
propar matters, is of the opinion that i1'1e said hd arinq,, should
be closed and as, c sm ntw ",ihC,arl.! be a°wd,C , aan..lr lav ed a13 1.,erein �
orfcrte.lA 'f Hl I.a;-%'C'rX],
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BE IT 'stl?''Af4IN I) !'YA1` T1 r CITY Cl:u 1,1CIL Oil Tftr, CITY UP
FORT WORTlw, T 6i;liPaS,, `Plif0 -
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Said hearinS be,, and r n
same is hereby, closed and t,1:e
Said protests and objec'„ionn and tn�y and, all otiit,,r protest' s
and obJections, whuther herein ,;.rsulrar<a„te cl or -not, be and the
same are hereby overru.Led.
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II. j
The CiQr Couz'mil, Mm the evidence,i.dence, _"i.nds that the
soessments herein levied should be rnrxde and ::Levied against
the respective parcels of property abutting upon the said
portions of streets and rr venn..s ,and a.,,oa i nst the owners of
such property, and against railways, s i:,reet ra lwa.ys or
interurbans, their roadbeds, ries, rails, fixtures, rirz,hts
and franc '1;::Lses, usinq, occu iln, or crossin;;` any portilon of
said, streets and avenues, and against he owners thereof,
and
ra
t such sa sm ntas and charges are right and proper
End tha
substantially a.l I � itw proportion to the benefits to the
respective ve parcels of property by mans of the. improvements 1
in the unit or Mch such assessments are levied, and
establish substantial justice and ,duality and uniformity
between the respective owners oi` the respective properties,
and between all pcar°tieu.° concerned, considerinq the benefits
case the asuttinr, property assessed
isfurther finds Lien in each
received and burdens imposed, and
p. p s�: d is specially lre,nefitv:c9, in
enhanced value e to the said property r by means of the said
improvements: in the un, t upon which the particular property
abuts and :Cor which asseswwnt Is levied and cha.rye made, ix.'a, a
sum in excess or the said azsasseaaant 'rzlrt ci^1arp,,e oaed�.:a ag ainst
the same by this ordinance, and further finds th at the
apportionment of the cost of the improvements is in accordance
with the law in force in this City and t lie proceedings of the
City heretofore led Wth reference to said improvements, and
is in all respects valid and regular.
III.
�IThere shall be and is hereby :Levied and assessed against
J the parcels of propertj hereinbelow mentioned, and against the
real and true owners + ilereor (wketLer such owners be correctly
named herein or not), and ax,a.inst railways, street railways J
or interiarbans, their roadccds, ties,, rails,, fixtures, rip' xts
and franchises, using;, occi.up,�Lnr or croosin„ any portion of
said streets and avenues, and against the owners thereof, the
urns of money below mentioned and itemized shown opposite the
j description of the respective parcels of property and/or name �
of railways, street raarlwa,p!;s or interurbans and/or the named
owners of said railways, stroct railways or inter rbans (whether
sucri owners be correctly named Larein or not) ; the description
of the respective para is oY property, the names of railways,
street railways and interururans, and the several amounts
assessed against the same, and the owners thereof, as far as
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such owners are known, P,eing as follows:
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IV.
Where more than one p*r ,on, firm or corporation owns an
interest in any xrrxop�;r r y a ao wr: ct(�scr.ibed, each said person,
aismoornpn shall be T)ersfanaily liar)le only for its,
corporation `"
r total assessment against such
property in proportion ori as !t,,, vii , or her respective interest
hears to the total ov,-.n r u„1.p o; such property, and its, his
or hvt+ r respective interest in such property may be released
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"ram the assessment lien upon payment of such proportionate sw'i'a.
V.
The several sums above mentioned and assessed against the j
said parcels of prop:pertpa, and the owners thereof, and against
any railway, street railway or interurban, its roadbeds, tie:},,
rails, fixtures, rii lits and: franciii eo and the owners thereof,
and interest thereon at the rate oy six per cent (6%) per annum.
tog',ether with reawona, )lo attorneys ' 1`ee, and costs of collection,
if' incurred, are ha,.re ,y declared to 11.;e end are made a lien. upon
j the respective parcels of property a;,aa.inst which the same are
assessed., a.ncr a persona] iia,lailit,y and rlia.r.ire against the real
and true owners of such property and of any, ra:u_lway, street
railway or intwerUr6a�n, wac>stlaer sUCh owner ie correctly Flamed
herein or not, and the, said liens sl,,all be andconstitute the
first enforceable l,1.en, and claim against the p rop;;,rerty on which
s�acir assessments are levied, and shall Le a t`_i.rst and paramount
j :lien thereon, superior to all other liens and claims, except
State, County, School District, and City ad valorem taxes.
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The sums so assessud against the ar",i.attin, property and the
j owns".ors thereof, and a Sri l,nst any railway , street railway or
interurban, its roadbeds, ties, rails, fixtures, rights and
franchises, and the owners the-reof', s.'ha.11 L;e anal become ?:due
and pa;,°able as f.'oil r.,wraa, to wit: in f_l_vaa ( l equal installments,
three respectively
cyree (3)' andi'oaa-rrw(4)l ebefore from
rorei�nri„e Qatewlof�comp7 et_ (2�,
( ) (1), two
on and
acceptance
of the ra o w:
and the
assessments againsttheproper ,y aauttink� upon the rerawn1nr;
units shall be anu become due and payaQ e in such installments
j a.Mer the date of the completion and acceptance of such res-
pective units, and small bear interest st E r°om sa.>_+_t date at the
rate of six per cent (6%) payable annually TwI th eacxi
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f installment. except as to the first installment. which shall be
due and payable at the maturity, tnereu%'„ so upon the
completion and ac upata.nce of the improvements in a particular
unit, assessments against the proport,,y upon such completed and
) accepted unit and assessments against any railway, street
rihts and franchiser; Capon, Such coat,pl.etcd,and-i.ac fixtures,
rights
railway a, � payable alwC�l installments,
��anit
Islaall be and become due and �,a,�w.��:rlu and
with interest a";a'^aim a,aae d.a.c;e of su.cli completion and acceptance.
tar'ace.
Provided, however,, that any owner shall have taie riw,,•„at to pay
the entire assessment, or any installment t iw.reof, before
mat a qty, by payment oV
' , einclal and a � ointerest,
ntre`t, n
provided fattLerthat cixa11be made,
L'c're payment of
any installment of principal or interest promptly as the same
ma i,u;C"°Wes, then the eY1i":l..C ae w9molr,P"lt M the assessment upon which
alt. ;ri default .1s made,
„raa1..1., at 't;a:' G'prJt,W..on x..°y1° t'.aa said Ta=r:,
Bitull_thic Company, or its as MAI , be and becoma immediately
cue and payable, _r,nd. shall Q,,, 'vl_ _c r,J..',i r„ to,,ctner with
reasonable attorneys ' fous aria costs of collection, if incurred.
VI.
If default sha L 1 be magic, in the payment of an„,a as,e ssrient, I.
Col ec Lon thereof hail be en orca a either e:r b he salethe
, property rry. the Asessur as":t:ap Collector clSr,r ut` % r a of said City �
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las near as pos S.ble in the manner provided for tiac., sale of
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property for the non-payment K ad valorem taxes, or, at the
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option of Contra,�tor, or its ,i,wt;r�as,� par,,,ufient of said srrcas
�( shall ba enforc,,d b;<, sz:i Tn any c(,.)urt oU competent ,jurisdiction,
and said. City shall exercise a'i l of its lawi'ul powers to al-d
in tie ena'orcernent and col:Iecak;.;_on o ° r,,aid a sessments.
T-ne City of Fort,, c�.°t i, �l i ru, hall not in any manner 7:1e
liable for para°iient of thl,� swtis a. ss,,.�d aga.lnst any
property or the owners thereof, but the aairiTexas Bitulithic 1
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Company, or its a.rsi:';irs, ,,;aa.il look solei_ i to such property and
1 the owner thereof for the pa riontl of such assessments, but .fln1e �
and personal sopaenoulic,ii.cnonstir! collect-Ion of. said Liens powers to
Cit of Fort Worth !ball evca,r cy e all of its Lawful
sic" liens a.rra:;� .>>srns
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VIII.
T'rc total amount a. ,c ,, ed a falnst Lice respective lcarcels
�ij of abuttin,17 property, and, Lite owners thereof, as well as the
assessments
s nst Y allwa y, 1-„treet railwal/' or interuri",a.n, J
itsroadbed., ties, xailus, J-xtur o,, Y'ipg_,"`ats and frea,nchises, and
the owners thereof, is in accordance w"Ith time proceed n;s of tl.ie,
City rela.tin , to said inproveiiients and assessments therefor, and
,i., less than the proportion of' the cost allowed. and permitted
y the law in force in the City.
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1k'or the purpose of e videncina,- t`,-re several sums assessed
ai;a.inst the respective parcels of abutti net property and the
Downers thereof, as well. asa,tainst any railwa.,4,?, street x,a.ilway
for interurban, its roadbcrd s„ ties, rails, fixtures, rir_,lits rani:^,
franch�_ses, a.nd tk,re owra , s tL i� reof and tl��ie tune �a�n�� terms of"
ipayment, and to aid in the enforcement and collection thereof,, t
�ass,rrna.ble certificates sI)all lj;, issued by the City of" 1+'ort Crlorth, Texas upon campletion and acceptance ty the City of the
Improvements in each unit of improvement, as the work in such
unit is completed and accepters, which certificates shall bo,
�executod by the Mayor in tide name ('A' the City and attested by
the City Secretary with the corporate seal of the city impressed
thereon, and shall be pay a,°ule to said Texas Bitull-chic Company,
or its assigns, and „l-iall declare the said amounts, time and
terms of payment, rate of interest, and the date of completion J
sand acceptance of the improvements abutting upon such property
for which the certi Pica 14 is isr)'ued., and sria.11 contain the name
of the owner or own rs, i.` lrnovin, description of the property
by lot and block numb er, or front Veet triereo:f, or such other
description as ma,y ctrrerwise identify the same; and if the said
!'..Drops,>rty shall be oti"med by an estate, then the description of
.same as so owned uh<a,ii be saa" ticient, or if the name of t;he
!,owner be unknown, then to so state will be sufficient,, a"ndno
(error or mistake in describ;injZ any property, or In ,Jvinr tcre
!name of the owner, shall Lnvali.da.te or in anywise impair such !
certificate, or the a.ssessmc�nts levied.
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The certificates shall provide substantially that if same
7ha1:1 not be paid promptly upon maturity, then they shall be
i�aollectible, with reasonable attora'aeias " fees and costs of
''collection, if incurrec3. and s,'i:i,li provide substantially that
the amounts evidenced 11hereby may be paid to the Assessor and
f3ol.l.ector ofTares of tiie, City of Fort !Mortes, Texas, who skrall
�Issue his receipt therefor, which shall be evidence of such
payment on any demand for the same, and the Assessor and Collector
oaf Taxes shall deposit the sums so received Ly him forthwith with
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the City Treasurer to ke-pt and h i.m in a, separate
fund, hereby desl,_rrated as TEXAS BITULITHIC COMFPJ4 Ty STR-EET
IMPROrF°'2rELkNT FUND, and when payment °hall be made to tur,,�
Assessor and Collector rel' Tama upon such certificate he shall,
upon presentation to '-tirm of tiie ccrtrfica,te by the Contractor,
or other holder t lereot , 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 u]' such cerci i'lcate so endorscMd and.
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credited; and such endorsement and credit shall be the
Treasurer 's Warrant for such payment. Such paymients by
the Treasurer shall be recel p'l,-ed for by ti,-ie holder of such
certificate in writing and by surrender thereof when the prin-
cipal, together with accrued interest and all costs of
collection and reasonable attorneys ' fees, if incurred, have
been paid in full.
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j Said certiflca,tes shall furt'lrer recite substantially that
the proceedlnds with referEriace to making the improvements have
been regularl-� 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 perfarmcd,
anc such recitals shall be prima facie evidence of all t1-ie
; matters recited in such certificates, and. no further proof'
thereof srall be required in any court.
Said certificates may have coupons attached thereto in
' evidence of each or any of the several installments thereof,
jor may have coupons for each of the first four installments,
leaving
emain_ certiicateto fifth insta.11-
e , whicpayableeither to Texas Bitulithi
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Company, or its assigns, or to the bearer, and may be signed
with the facsimile si.tnatu:res of tiie Mayor and City Secretary.
Said certificates shall f,re7ther recite that the City of
Fort Worth, Texas sha-11 ear=axyc in.>e all of its lawful. powers, when
I requested so to do, to aid 1.n the enforcement and collection j
thereof, and may contain recitals substantially in accordance
with the above and other add.i°Lional recitals pertinent or
appropriate thereto; and it sha.il, not be necessary that the
recitals be �.n -h exa.et f"orm above se"� :Forth, 'Lut the substance
� thereof shall bf, sufficient. The I'a.ct that such improvements
may be omitted on any, portion of said streets and avenues
! adjacent to any premises exempt from the lien of such assessments
shall not in anywise invali.,`late, affect or impair the lien of
such assessments upon otnf:wr premises.
Full. power to make and, levy reassessments and to correct
'mistakes, errors,, invalidi'ti_es or irregularities, either in the
assessments or in the certifrcatos issued in evidence thereof,
lis, in
accordance with the law in force 1n this City, vested in
tile Xi.
All assessments levied are a personal liability and charge
Jagainst the real and true owners of the premises described, not-
(withstanding such owners may not be named, or may be incorrectly
named.
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The assessments herein made and levied aLga.i.nst any railway,
�street railway or interurban, its roa.dbeclo, ties, rails, fixtures, �
krights and franchises, "or worlr between and under rails, tracke:s,
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double tracks, turnouts and and, two feet on each side
thereof, shall pa-id upon tl,�Le same terms and in the same
installments and at the same rate, of liaterest as herein provided
with reference to assessment sq,,-ainst abutting property and. the
owners thereof, and certificates in evidence of assessments
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against such railwa�s , stre est railways or intorurbans and the
owners thereof, snail bo Issued In the same manner and with the
same force and offect a-s herein provided with reference to
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certificates in evidence of as,,,ressmen.Ls against abutting-,7
property and the owners thereof.
XIII.
The assessments so levied are for the improvements in the
particular unit upon which tbe propert�7 described, abuts, and.
the assessments for the iim)rovements in any one unit are in
nowise affected by the -imp2ovements or assessments in any other
unit, and in makin�- as3sments and in holding said hearing,
t-',,e amounts assessed for improvemen,Ls in any one anit have been
in nowise affected b,,y any fact in ani-Wse connected with the
improvements or the asse,ssnents therefor in any other unit.
XIV.
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The assessments levied are made and levied under and by
virtue of the terms, powers and provisions of an Act passed at
ithe 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 11.05b of Vernon's Texas Civil
� Statutes, which Act has been adopted as an amendment to and
made a -part of the Chart,-r of the City of Fort Worth, Texas.
PASSED AND APPROVI'KT) This d a.y a f
f1A. D., 1.955.
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APPROVED AS TO FORM:
y Attorney.
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