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HomeMy WebLinkAboutOrdinance 2722 a -�. ✓ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON TENTH STREET FROM THE EASTERLY LINE OF PENN STREET TO THE WESTERLY LINE OF CHERRY STREET, SAVE AND EXCEPT THE INTERSECTION AT HENDERSON STREET, IN FORT WORTH TARRANT COUNTY, TEXAS AS TO SPECIAL BENEFITS Ta ACCRUE TO SUCH PROPER+Y AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS OF SAID STREET WITHIN SAID LIMITS, AND AS TO THE ACCURACY SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCElDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS TO BE LEVIED AGAINST SAID PROPERTY AND THE TRUE OWNERS THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED: FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE RESPECTIVE ASSESSMENTS AGAINST SAID PROPERTY: FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PRE- #EQUISITES TO FIXING OF ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF PROPERTY OWNERS AND DECLARING AN EMERGENCY. * * * * * * * * * * * WHEREAS, by Ordinance enacted on November 24, 1948, the City Council of the City of Fort Worth, Texas, determined the necessity for and ordered the improvement of TENTH STREET within the limits herein defined, in the City of Fort Worth, Texas, and ordered that the follow- ing portions of the following named street be improved in the manner described in said Ordinance, to-wit: TENTH STREET, from the Easterly line of Penn St. to the Westerly Line of Cherry Street, save and except the intersection at Henderson Street, Fort Worth, Tarrant County, Texas. WHEREAS, the City Council has caused the City Engineer to file estimates of the cost of said improvements and of the amounts per front foot proposed to be assessed against the property abutting upon said street and the real and true owners thereof, together with a statement of other matters relating thereto, with the City Council, and same have been received, examined and approved by said City Council. WHEREAS, by Ordinance duly and regularly enacted on the 5th day of October, 1949, said City Council ordered that a hearing be given to the real and true owners of property abutting upon said street within the limits defined, and unto all other persons owning, claiming or interested in said property or any of said matters as to the assessments and as to the amount to be assessed against each parcel of abutting property and the real and true owners thereof, and as to special benefits, if any, to said property, to be received from said improvements, or concerning any error, invalidity, irregularity or deficiency in any proceeding or contract with reference thereto, or concerning any matter or thing connected therewith; said hearing to be held in the City Council Chamber in the City Hall of the City of Fort Worth, Texas, at 9:30 o'clock A.H. on the 19th day of October, 1949, at which time all persons, firms, corporations or estates owning or claiming any such abutting property, and their agents or attorneys or persons interested in said proceedings might appear in person or by counsel and offer evidence; and WHEREAS, said Ordinance further ordered and directed the City Secretary of the City of Fort Worth, Texas, to give notice of said hearing by publication, as provided for and in accordance with the terms and provisions of Article 1105-B of the Revised Civil Statutes of Texas, and the amendments thereto; and, WHEREAS, said Notice as ordered and directed by said City Council and as required by said law, as aforesaid, has been duly given by advertisement by publication of same in the Fort Worth Star Telegram of Fort Worth, Texas, on October 6th, 7th and 8th, 1949; said Notice so published having described the nature of the improvements for which assessments are proposed to be levied and which said Notice stated the highway or portion thereof to be improved, the estimated amounts per front foot proposed to be assessed against the owners of abutting property and against such property on such portions of said highway, street or units with reference to which the hearing was to be held, and the estimated total cost of improvements on said streets, within the limits defined, to be improved, and the time and place at which said hearings would be held; which Notice, in all respects, fully met and complied with all provisions of law requisite or pertinent thereto; and, 2. WHEREAS, after due, regular and proper Notice thereof, all as provided by law and the Charter of the City of Fort Worth, Texas, said hearing was held in the City Council Chamber in the City Hall of the City of Fort Worth at the time mentioned in said Notice, pursuant to the Notice above referred to, at which time an opportunity was given to all of said persons, firms, corporations and estates, their agents and attorneys, to be heard and to offer evidence as to all matters in connection with said Ordinance and Notice, and WHEREAS, at said hearing, all parties desiring or in any manner wishing to be heard concerning any of the matters mentioned in said Ordinance ordering and fixing the date of said hearing and in said published Notice, and as to any other matters connected with said proposed improvements, contract and assessments and the amounts there- of were heard, and all matters as to the accuracy, sufficiency, regu- larity and validity, and all matters of error, equality and other matters connected with said improvements, contract and assessments having been heard, considered and corrected, and said City Council having heard evidence as to the special benefits to said abutting property and each parcel thereof and to the respective owners thereof, in the enhanced value of said property by means of such improvements, and having given a full and fair hearing to all parties making or desiring to make any protest or objections or to offer testimony and having examined and considered all evidence, matters and testimony offered, and having found that said published Notice is valid and is in full accord with the requirements of law, and having by Motion duly made by Councilman Baker and seconded by Councilman Edwards, passed a resolution denying all protests and closing said benefit hearing: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1: That there being no protest against said improve- ments at said hearing granted to the true owners of property abutting upon said street within the limits above defined, and to all persons owning or claiming same or any interest therein, and to all others owning, claiming, or interested in said property or in any of the matters hereinabove mentioned, except as hereinabove set out, said hearing should be and the same is hereby closed. 3• SECTION 2: That the City Council finds and determines that all proceedings with reference to the making of said improvements on said street above named, within the limits defined, have been duly and regularly had in compliance with the law and the Charter of the City of Fort Worth, and that all prerequisites to the making of said contract for such work and improvements and to the fixing of assessment liens against the properties abutting upon said streets, within the limits defined, and the personal liability of the respective owners thereof, and have been in all things performed and complied with, and said City Council further finds and declares that all persons interested have been given a fall and fair hearing; that there is not to be assessed against such abutting property and the owner or owners thereof more than all the costs of constructing, re-constructing, repairing and re- aligning curbs and gutters and nine-tenths of the remaining costs of such improvements, as shown on the estimates of the City Engineer; that adjustment and apportionment of costs among all properties and the owners thereof have been made in Bill compliance with the law, so as to produce a substantial equality of benefits received and burdens imposed, and that the special benefits to each parcel of property and the owner or owners thereof in enhanced value, by means of said im- provements, is in each instance in excess of the amount of the assess- ment to be made against each parcel of property and its owner, and that the proposed assessments, liens and charges against said properties, and the true owners thereof, are in all things just and equitable. SECTION 3: That this Ordinance shall take effect and be in full force from and after its passage. PASSE& and APPROVED this the day of October, 1949. .GTv Mayor of the City of Fort Wort , ATTEST: T E X A S City Seai4tary APPROVED AS TO FORM: y Att rney 4.