HomeMy WebLinkAboutOrdinance 4114 ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING THE ESTIMATE,
STATEMENT AND REPORT OF THE CITY ENGINEER WITH
REFERENCE TO THE IMPROVEMENT OF CERTAIN STREETS OR
AVENUES OR PORTIONS 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 ESTI-
MATED 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 PROPOSED
SHALL BE ASSESSED AGAINST THE ABUTTING PROPERTIES
AND THE REAL AND TRUE OWNERS THEREOF; RATIFYING AND
APPROVING THE ACTIONS OF THE CITY MANAGER IN EXECUT-
ING AND OF THE CITY SECRETARY IN ATTESTING THE CON-
TRACTS BETWEEN THE CITY OF FORT WORTH AND LEWIS AND
LEWIS AND FIRST OF TEXAS CORPORATION; APPROVING THE
100% PERFORMANCE BOND OF LEWIS AND LEWIS; DETERMIN-
ING 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 ATTORNEYS; FIXING THE TIME AND
PLACE FOR SUCH HEARING; DIRECTING THE MAYOR AND THE
CITY SECRETARY TO GIVE NOTICE 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,AELATING 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
defined by said ordinances, and has determined to assess a por-
tion 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 3997 to 4002, inclusive, 4004 to 4008, inclusive,
3811 to"3814, inclusive, 4010 to 4015, inclusive and 4031 to 4039,
inclusive, as amended by ordinances numbered 40,980 , /00 ,
A101 and #i9g and said streets and avenues or potheme
e ng"-described as follows, which streets and avenues or portions
thereof are hereby designated as separate and distinct improvement
units to be identified by improvement unit numbers as shown below,
to-wit:
P �
WHEREAS, notices of the enactment of said ordinances,
signed in the name of the City of Fort Worth by its Mayor,
identifying or designating the streets and avenues or portions
thereof to be so improved, as ordered by said ordinances, and stat-
ing that a portion of the cost of said improvements is to be speci-
ally assessed 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, of the
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 1391, pages 570 to
573; Volume 1435, pages 434 to 450; Volume 1441, pages 625 to 631
and pages 633 to 637; and notice of the enactment of said amenda-
tory ordinances, signed in the name of the City of Fort Worth by
its Mayor, was filed with the County Clerk of Tarrant County, Texas
and recorded in Volume /�, page l�Z__,_, of the Deed of Trust Records
of said County; 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 fiscal
agency services was given as required by law and by the Charter 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 provided
in the notice therefor; and
WHEREAS, after careful consideration of all bids received,
the City Council found that the bid of LEWIS AND LEWIS, when taken
into consideration with the proposal of FIRST OF TEXAS CORPORATION
to-'act as the City's Fiscal Agent, was the most advantageous bid
for the City to accept, and that LEWIS AND LEWIS and FIRST OF TEXAS
CORPORATION are both responsible parties, and that LEWIS AND LEWIS
was the lowest and best bidder on the cash basis and that said bid
is fair and reasonable, and that FIRST OF TEXAS CORPORATION 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 27th day of March, 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 LEWIS AND LEWIS, and 'authorized
the City Secretary to affix the seal of the City thereto and attest
same, based upon said bidder's Bid No. 2 proposal (cash basis)
(Alternate No. 3), 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 improve-
ments 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 LEWIS
AND LEWIS and to FIRST OF TEXAS CORPORATION; and
WHEREAS, such contracts with LEWIS AND LEWIS and FIRST OF
TEXAS CORPORATION were duly executed on behalf of the City and on
behalf of said LEWIS AND LEWIS 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 LEWIS AND LEWIS has submitted its 100%
Performance Bond in the sum of $290,744.75; and
WHEREAS, the City Council finds that said Bond is duly
executed by LEWIS AND LEWIS and by a corporate surety duly author-
ized 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
LEWIS AND LEWIS and by said FIRST OF TEXAS CORPORATION and on the
part of the City by the City Manager and have been attested by
the City Secretary and have been approved by the Public Works Di-
rector 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 againstLthe.prop-
erties 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 aforementioned
ordinances ordering the improvements to be made, as amended, 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 Coun-
cil, and will (with certain possible exceptions hereinafter men-
tioned) result in just and equitable assessments and that the as-
sessments proposed to be levied against the properties abutting the
streets or avenues or portions thereof to be improved are apportioned
between such properties and the owners thereof substantially in ac-
cordance with the Front Foot Plan or Rule; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH:
Section 1
The written estimate, statement and report of the City
Engineer (Public Works Director), having been received and examined
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 finding therein contained are
hereby approved.
4
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 abutting properties and the real and true owners thereof, are
all correctly stated and computed by the City Engineer (Public
Works Director) 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
attesting the contract between the City of Fort Worth and LEWIS
AND LEWIS dated the 27th day of March, 1959, for the construction
of said street improvements, and the contract between the City of
Fort Worth and FIRST OF TEXAS CORPORATION, dated the 27th day of
'March, 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
That the 100% Performance Bond submitted by LEWIS AND
LEWIS in the penal sum of $290,744.75 is hereby accepted and ap-
proved.
Section 5
That 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 abutting 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 en-
forced either by- sale of said respective properties in the manner
provided by law for the collection of ad valorem taxes by the
City or by suit in any court having jurisdiction; and all such
assessments shall be payable as follows, to-wit:
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 previ-
ous 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 in
five (5) equal (or as nearly equal as possible) installments, as
follows:
2. The first of said installments shall be due and pay-
able 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 (4) remaining installments shall be due and
payable on or before one (1), 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 installments become due as
above set out (or at the time of payment of such installments in
the event of prepayment). Past due principal and interest shall
bear interest at the rate of eight (8%) per cent per annum. If
default is made in the payment of any installment of principal 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
immediately 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
abutting property, or against the real and true owner or owners
thereof, in excess of the special benefits to accrue to such prop-
erty in the enhanced value thereof, resulting from said improve-
ments. Where the application of the Front Foot Rule or Plan will,
in the opinion of the City Council, in particular cases result in
injustice of irregularity, it is the intention of the City Council
that the costs of the improvements in such cases shall be appor-
tioned 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 adjust-
ment of such apportionment so as to produce a substantial equiva-
lent of benefits received and burdens 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 as-
sessment per front foot shown on the City Engineer's estimate, ex-
cept after due notice and hearing.
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
e
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
That 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 corporation, it shall be sufficient to so state, and it
shall not be necessary 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 within the same unit may be made in one` assess-
ment when owned by the same person, firm, corporation or estate,
and property owned jointly by one or more persons, firms or corpor-
ations may be assessed jointly. 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 improve-
ments or assessments in any other unit; and in levying said assess-
ments 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 improvements 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 im-
provements of or the validity of the assessments therefor in any
other unit. Further, the omission of said improvements in any par-
ticular unit in front of any parcel or parcels of property shall
in no wise affect or impair the validity of the assessments against
the other abutting properties in such unit.
The Contractor shall not be compelled to construct any
improvements on that portion of any street or avenue immediately
abutting 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, volun-
tary mechanics' 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 omit-
ted to the center line of such streets). If, however, the owners
of any such exempt properties execute valid mechanics' lien con-
tracts, 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 Con-
tractor on the portion of the street or avenue abutting such prop-
erty; 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 execution of a valid
mechanics' lien contract or contracts by the owners of said prop-
erty for the payment of the portion of the costs properly charge-
able 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 option of the City if it is advisable to do so to eliminate
drainage problems or for other reasons. In the event the improve-
ments are omitted, abutting any particular properties, the lien on
such properties, which was evidenced by the filing of notice of
the enactment of the ordinances ordering such improvements to be
made shall be released.
Section 8
That the City does not guarantee the collection of the
assessments 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 Con-
tractor or its assigns any sums collected between the date of the
acceptance of the improvements and the date of delivery of the
certificates of special assessment to the Contractor or its as-
signs; as well as any sums which may thereafter be paid to said
City .as payment on or of such assessments.
Section 9
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 herein-
above named within the limits hereinabove defined, and to all
other interested parties, and to their agents and attorneys, be-
fore the City Council if the City of Fort Worth, which hearing
shall begin on the aGt day of T,,"e. 1959, at 9.,0®
o'clock A. M.and shaTI be held in the Cit-y-- all of the City of
Fort WorT , 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 liability there-
for, the special benefits to the abutting properties and the
owners thereof by means of the improvements for which assessments
are to be levied, the accuracy, sufficiency, regularity and valid-
ity of the proceedings and contracts in connection with such im-
provements and proposed assessments and/or concerning any matter
or thing connected therewith.
That the said hearing may be continued from time to time
and day to day until a fair opportunity for hearing has been af-
forded to all desiring to contest the said assessments or proceed-
ings, 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 ordinances, to levy such assessments before,
during or after the construction 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 constituting a unit of improve-
ment as above set out, after a fair opportunity 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 Coun-
cil 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
That 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
That the Mayor and City Secretary of the City of Fort
Worth are hereby ordered and directed to give notice of said hear-
ing to all owners and to all personsowning or claiming any interest
in or lien upon any property abutting the streets or "avenues or
portions thereof to be improved within the limits hereinabove desig-
nated, and to all other interested parties and to their agents and
attorneys, by advertisement inserted at least three (3) times in
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 im-
provements 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 and avenue or portion thereof to be improved constituting a
separate unit of improvement. It shall not be necessary to include
in said notice the names of the owners of properties abutting on
such streets, 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:
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 im-
provements were ordered, whether correctly named or not. No error
or mistake in attempting to name any such owner or in describing
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 hald to be void and without
force and effect for any reason whatsoever by any court of compe-
tent jurisdiction, the remaining portions of the ordinance shall
not be thereby affected; but they shall retrain 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:
avid2w City Attorney
WM
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 THEITY HALL OF,,THE CITY OF FORT
WORTH, TEXAS, BEGINNING ON THE til• DAY OF (A_kw R 1959
AT �, 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 defined, 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 thereof 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 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, before the City Council of the City of Fort Worth,
Texas, which hearing shall begin on the-2G-M-day of ::r_vN e,
1959, at q: ob o'clock AM, and shall be Feld in the y a o
Fort Wort , exas, at which hearing all of said owners and other
interested parties, their agents or attorneys, shall have the right
to beheard 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, the lien
and the liability thereof, the special benefits to the abutting
property and the owners thereof by means of the improvements for
which such assessments are to be levied, the accuracy, sufficiency,
regularity and validity of the proceedings and contracts in connerc-
tion 'with such improvements and proposed assessments, or concern-
ing any matter or thing connected therewith. The said hearing may d
be continued -from time to time and day to day until a fair opportun-
ity for hearing has been afforded to all desiring to contest the
said assessments or proceedings, and the City Council shall have
power to and shall correct any errors, inaccuracies, irregularities
and invalidities, and shall have power to and shall supply any de-
ficiency 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
a
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 assess-
ment is levied. It shall not be necessary to levy all of the as-
sessments at one time or by a single ordinance, and said hearing
may be closed as to each portion of a street or avenue, constitut-
ing a unit of improvement (as such units are designated below),
after a fair opportunity for hearing has been afforded to all de-
siring to contest the assessments proposed to be levied against
the assessments 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 excess 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 interested parties, their agents or attorneys, are hereby
referred for further information to the proceedings with reference
to said improvements on file and/or of record with the City Secre-
tary of the City of Fort Worth, and particularly to the estimate
of the City Engineer (Public Works Director) and to the proposed
assessment roll wherein the exact amount proposed to be assessed
against each property 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 assessment 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 or avenues or portions thereof within the limits
hereinafter described, shall be improved by raising, grading, fill-
ing, widening, permanently paving or repaving same by the construc-
tion, reconstruction, repairing or realigning of concrete curbs and
gutters in the manner and where the City Engineer determined that
adequate curbs and gutters are 'not now installed on proper grade
and line, and by constructing necessary and proper appurtenances
and incidentals to such improvements, including drains and culverts,
where necessary in the opinion of the Cit Engineer; said improve-
ments to consist of the construction of 311 hot mix asphaltic con-
crete surface on 7P flexible base (crusher-run, crushed limestone)
and combined 8" curb and 2' gutter, which paving, curbing 'and gut-
tering, 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 dis-
tinct improvement units. There is stated in connection with the
listing of each street and avenue or portion thereof within the lim-
its herein defined constituting each improvement unit the estimated
amount or amounts per front foot to be assessed against the owner
or owners of properties abutting such street or avenue or portion
thereof and such properties, the estimated total cost of the street
improvements in each improvement unit and the width of paved sur-
face 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 $1.80 per front foot will be allowed for such existing curb and
gutter, and a credit of $.90 per front foot will be allowed for
existing curb where there is no gutter.
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 residen-
tial or non-commercial so that any such lot should be assessed at a
rate no greater than $5.50 per front foot forb, gutter and
paving; and so that the assessments against armot 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:
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 omissions wr ll not invalidate the
lien or liability on assessments made against the abutting prop-
erties being improved.
DONE BY THE ORDER OF THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, IN WITNESS WHEREOF
WE HAVE HEREUNTO SET OUR HANDS AND THE SEAL OF
SAID CITY THIS /Z44 DAY OF ;T v w e� 1959.
MAYOR, City of Fort Worth, Texas
ATTES
C14Y ECRETARY, City of Fort Worth
(SEAL OF CITY)
THE STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT 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?.�f day of ,�_a 1959, at ®a o'clock �M; done
by order of Tie-City Council or the City of or Worth, Texas, pur-
suant to instructions contained in an ordinance approving and adopt-
ing 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 /.?A-day of
1959, which ordinance, together with the a ove and
-foregoing g NoTice of Special Hearing, appears of record in Book 0—f
of the Minutes of said City Council of the City of Fort Worth.
WITNESS MY HAND AND SEAL OF SAID CITY on this, the _LA�
day of U-Y&gr , 1959•
(SEAL OF CITY) C T VSECRETARY, City of Fort Worth
V2 0 0 0 0 0 C 0 0 0 0
►-1 t N r-1� � � N Nrn O o0 OD
d w M LA to 00 N 111 l0 � N N
p���777 pp w w w w w w w w w Ln
U WHOH N � N l0 l� co 01
E
aPL.oQ p��04
R:x tf1 11 N N N
1to lfl to lf� N
O pV p,, E to
8 E w [E!1 E-4 l0 kO ul LLl �O l0
m iH0H
vE�rr,C7
W O W d d
8 w
N
O OCO O O CH 0 v O 4 O 0
O N 0 0 O� 41 N ri d N d 41 d
Hm � > � >
H �d NPC. N �+y rf� i1014 0 �+d
43 G1 gy�m{{ N y� G1
'y 6 � C4 V3 4.3 � C 4S g � -P N
FFF�77 O r1 ri co LL Fi F 1 cWd e� (d t� c1d0 U
F. 0223 V3 t� v°]c� g. Qgm 3A1 gds W� 3
N
000 0 d N 0
- 4) (D o .S E 0 0 0
x 1 0
�" r�> At �� ,�> �o � 1�
ti ti 4 4 €+ ri W $1 4 rl w r 0 r� "✓ r�f
0 0)w m W Ds R1 d t, ti d �"
ar
g 14ig': e19i1> �+i -P 43 a43doi cmd m mai
.`COQ ztk �1� �� �v
E
y
�-! d r-Irl
9 z^ a q C? x
z O r, N (n Ln l0 ti 00 01 roi
w� �
H O O O O p O O OO O O
O O O O O O O O O O O
� =r M O L- --t O N O ON N
o\ a0 cY) 10 --t -zr L-- N O 00 t--
a co co %.0 \o --t m %D ti --t OD
8 cn O
w w w w w w w w w w w
r-Iti ti ti k N Ln oo ti
49-
P.-
110
N N N N N N N N N N
Ln Ln Ln Ln Ln Ln Ln tf 1 Ln Ln
8
O _
cy) N M c� cYl M f n cOrl
C� O
v N
i caL: O
�-1 d rl
4 1 4-4 W W W0 y A d 4-1-rrl W W O
O O O O O Ti 4.3- O > 0 4- O
0) ? O O) 0)m 0 :9 W rH-1 4) C� 3 N L�
PA >bx rq E :3 sft m Pa N y,N ri 4
A R V & 14 04-4 H- ri:♦ m '-t 03 $4.N
f~ m F,-P ti+- A ti o 0) 3 co O $4 a q�
0) m 0)ca 4)v] 0) �: N y+ o O 0) cd 0) 4 0
43 01 $ m mfi m � m � � m CO mcd .'d0
8 9 90 ao 98 9z 039 8 a 0 *IR In9
w w w w 4) w o o w w a4 o
0 Oat 0a1 05 o O 0 0
r0) r0� f, ,C0 �, ,rC4) p r4) O 0m ,rD O r) N amO
i 4-1
d �l d N 0�i �7 ani O �7 N m 14
H r ca
d fHi T', 4 tom". !m �f 6 0 ri 0 y 4 k N1p
0)vi 0) 0) 0) 0) 0) 0) mmt 4-1 411C+ .0 ri 4� � 0) �O O ll 4
0) N 0)r01 0)ri 02 0) m Gi H O td m0 M Cd 00
N
8 3 w aW 3a 4A zh zap 3U 9;W c�3 zap
r� O �7
• H ad O � F m � vri
�rq 14m
v� 8 H N l0 y ri
3 3� � 3 W 3 ►� d a
O H N cn --t Ln %0 L— co O\ O ri
C� H ri ri ri ri ri H r-1 H N N
0 0 0 0 0 0 0 0 0
N M M
a w w w w w w w w w
8 o 01) N OD w ti c, to
1p tp �p �p
N l N lIl lL1 N N �
p %O Lr% \O t[1 %0 l0 LC% to -7t
U
cc M m ccn N
8
4-N 4.),
;� m m� mm
wy 4.4 4-4 a4 m mw 4-4
° 0 0.0 04 m 4 ° °
.0 003 O+3
H ti y�41 'i�cj ri �ci� m 1� 02-P
�0 10
a 4-31
� o�p
14 d S: cdOo ca D O 14 O /+ri
0r1 fa m 0 r mrl m m m� 0 and z mi t+ pp mri
43
tam �+ b m 8
tooz°�Z mx 003 �S H O c 0 I
ami m m ami a t as w
m� 2 O O o
way wm aava
+- +1 43 m ON m m
°m m °m ° ° m ` o oz � czo
mC m w p%w 0
43
t t ry(, t m+-3 m 043 m++ rl
43 M
~ f'ic rf :� k m m ami off m°y�, m m p3'm M 14w
m rl 14 m rI m+� iR ri 4 H } 0 x m VI m A m A
.s~
00 43 �' � N F1 � p � � me �., m
O 0m O O o w O ° O O N tll t ttl ami '90
8 w 1+ � t0�z xz v3 o Am ZOA zz r-Iis39 9 128
m m
m
m b
~ 0 M 0 g� c
ti
a� z `� 4
8 N N N N N N N M
+bL
UNIT STREET OR AVENUE FROM TO
1 Ramona Drive Northerly line of Southerly line of
US Highway No. 80 Slocum Avenue
2 Ramona Drive Northerly line of Southerly line of
Ruby Place US Highway No. 80
3 Olive Place Northerly line of Southerly line of
Locke Avenue Malvey Street
4 Olive, Place Southerly line of Southerly line of
Malvey Street Calmont Avenue
5 Hemsell Place Westerly line of Westerly line of
Olive Place Sappington Place
6 Fairfax Avenue Southerly line of Northerly line of
Garza Avenue to the Garza Avenue to the
West East
'7 East Baker Street Easterly line of Westerly line of
the North-South Evans Avenue
Freeway
8 Fuller Street Easterly line of Westerly line of
James Street Ryan Avenue
9 Fuller Street Westerly line of Easterly line of
Ryan Avenue Sixth Avenue
10 West Shaw Street Easterly line of Westerly line of
Cleburne Road Frazier Avenue
11 West Shaw Street Westerly line of Westerly line of
Frazier Avenue Townsend Drive
12 West Cooper Street Westerly line of Westerly line of
Eleventh Avenue Orr Street
13 West Terrell Avenue Westerly line of Westerly line of
Eleventh Avenue Orr Street
14 West Butler Avenue Westerly line of Westerly line of
Park Ridge Blvd S. University Dr.
15 East Dashwood Street Easterly line of Westerly line of
Evans Avenue New York Avenue
16 Weiler Boulevard Northerly line of Southerly line of
Jewell Avenue Meadowbrook Drive
17 Janace Lane Northerly line of 100' South of the
Beaty Street South line of
Jewell Avenue
18 Avenue "L" Westerly line of Westerly line of
Conner Avenue Lot 4, Dunlap's
Subdivision
19 Primrose Street Westerly line of Westerly line of
Beach Street Gilcrest Street
i AMIN,.
o- 4 • � `a
UNIT STREET OR AVENUE FROM TO
20 Denman Street Easterly line of Westerly line of
Wichita Street Foard Street
21 Tallmon Street Northerly line of Southerly line of
Martin Street Knox Street
22 Ross Avenue Southerly line of Northerly line of
NW Thirty-Sixth St NW Thirty-Fifth St
NW Thirty-Fifth St
(An off-set in
Ross Avenue) Easterly line of Westerly line of
Ross Avenue to the Ross Avenue to the
North South
Ross Avenue Southerly line of Northerly line of
NW Thirty-Fifth St NW Thirty-Fourth St
23 North Calhoun St Northerly line of Southerly line of
NE Thirty-Third St NE Thirty-Fourth St
24 McCandless Street Southwesterly line of Northeasterly line of
Azle Street NW Twenty-Third St
25 NW Loraine Street Northwesterly line of Southeasterly line of
Rock Island Avenue McCandless Street
26 NW Twenty-Second Northwesterly line Southeasterly line -
of Kearney Street of Lydon Street
27 NW Twenty-Third Northwesterly line Southeasterly line
of Menefee Street of Long Avenue
28 Fernwood Street 150' South of the 150' North of thq
Southerly line of Northerly line of
Walnut Drive Sundown Drive
29 Sundown Drive Westerly line of Easterly line of
Sam Calloway Road Fernwood Street
30 Orr Street Southerly line of Southerly line of
Cooper Street Terrell Avenue