IMPROVEMENT AND PAVING OF STREETS AND HIGHWAYS

Fort Worth City Charter ch. XXII

in effect

Fort Worth City Charter ch. XXII, § 1 IMPROVEMENT, DEFINITION OF.

§ 1 IMPROVEMENT, DEFINITION OF. The term “improvement,” when used in this Charter shall include the improvement of any street, avenue, alley, highway, public place or square, or portion thereof, in the city by filling, grading, raising, paving, repairing or otherwise improving the same in a permanent manner, or the construction or reconstruction of sidewalks, curbs and gutters, and other necessary appurtenances, including drains and culverts, and also the laying out, opening, narrowing, straightening or otherwise establishing, defining or locating streets, alleys, avenues, public places, squares or sidewalks. Said term shall also include any other permanent street improvement for a public benefit.

Fort Worth City Charter ch. XXII, § 2 HIGHWAY, DEFINITIONS OF.

§ 2 HIGHWAY, DEFINITIONS OF. The term “highway,” when used herein, shall include any street, alley, highway, avenue or public place or square, bridges, viaducts, tunnels and causeways, in the city, dedicated or devoted to public use.

Fort Worth City Charter ch. XXII, § 3 HIGHWAYS; IMPROVEMENT OF.

§ 3 HIGHWAYS; IMPROVEMENT OF. The City Council shall have power to order the improvement of any highway or highways, or part thereof, in the city, and to prescribe the nature and extent of the improvements, and shall have power to cause any of such improvements to be made separately or together.

Fort Worth City Charter ch. XXII, § 4 PAVEMENT IMPROVEMENT OF HIGHWAY, SIDEWALKS AND CURBS; CONTRACTS; PAYMENT; LIEN; SALE; DEED.

§ 4 PAVEMENT IMPROVEMENT OF HIGHWAY, SIDEWALKS AND CURBS; CONTRACTS; PAYMENT; LIEN; SALE; DEED. Subject to the terms hereof, the cost of such improvement may be paid wholly by the city or partly by the city and partly by owners of property abutting on such improvements and benefited thereby. But the whole cost of constructing any sidewalk or curb may be required to be paid by the owners of such abutting property, and the owner of any railroad or street railroad having any track or tracks, switch or turn-out in a highway ordered to be improved may be required to pay the whole cost of such improvement between the rails and tracks of said railroad or switch or turn-out, and two (2) feet on the outside thereof. The portion of the cost of such improvement payable by the owner of such railroad or street railroad, and all costs of collection, may be a special tax against and secured by lien upon the roadbed, ties, rails, fixtures, rights, and franchises of such railroad or street railroad and the owner thereof. After the execution of a contract by the city for any such improvement, the City Council may, by ordinance, levy a special assessment upon the roadbed, ties, rails, fixtures, rights and franchises of such railroads or street railroads for the portions of said cost payable by the owners thereof, which assessment shall be a lien on such property from the time of levy, prior and superior to all encumbrances thereon, except lawful taxes. Such assessment shall become due and delinquent as shall be specified by said ordinance, and if not paid as therein provided, shall be enforced as in the case of the collection of taxes under this Charter, by the advertisement and sale of the property rights and franchises levied on. The officer making said sale shall execute to the purchaser a deed similar to the one executed when property is sold for ad valorem taxes, and the recital of such deed that all legal prerequisites to the validity of said sale have been complied which shall be prima facie evidence of the truth thereof, and so accepted without further proof. Such tax and lien may also be enforced by suit in any court having jurisdiction. (Ord. 25328-02-2022, § 2, 2-8-2022, approved 5-7-2022)

Fort Worth City Charter ch. XXII, § 5 IMPROVEMENT OF HIGHWAYS; POWER TO ORDER; PROCEDURE; SPECIFICATIONS OF MATERIAL; BOND OF CONTRACTOR; ADVERTISEMENT FOR BIDS; POWER TO ACCEPT OR REJECT; NO CHANGE OF BIDS.

§ 5 IMPROVEMENT OF HIGHWAYS; POWER TO ORDER; PROCEDURE; SPECIFICATIONS OF MATERIAL; BOND OF CONTRACTOR; ADVERTISEMENT FOR BIDS; POWER TO ACCEPT OR REJECT; NO CHANGE OF BIDS. The City Council shall have the power by resolution to order the making of such public improvements, or any of them, by majority vote, without notice, and the passage of such resolution shall be conclusive of the public necessity and benefits thereof. The resolution shall generally set out the nature and extent of the improvements to be made, the section or sections of the highway or highways to be improved, and the material or materials to be used, and the method or methods of paying the cost. The resolution may specify different or alternative materials and different or alternative methods for the construction of the improvement, and the payment of its cost; upon passage of such resolution, the director of public works shall forthwith prepare specifications, subject to approval of the City Council, for the improvement, embracing the different or alternative materials or methods which may be prescribed by said resolution, for the construction of said improvement or payment of its cost; and the character of bond or bonds, if any required of the successful bidder. Such specifications shall be submitted to the City Council, and after being corrected, in event correction is necessary, and the same is satisfactory to the council, same shall be approved by the City Council. The City Council shall have power to require of the contractor to whom the work may be let, a bond or bonds for the faithful performance of the contract, and for the repair, or reconstruction, in whole or in part, of the improvement within three (3) years after its completion, if necessitated within that time by any defective material, plans, methods, or processes, employed in the construction of such improvement, and containing such other provisions as the City Council may require. Such bond or bonds shall be executed by the contractor with a good and solvent corporate surety thereon, authorized to do business in Texas, and acceptable to the City Council, or with two (2) good, solvent and acceptable personal sureties, if the council shall so elect. When the specifications have been adopted by the City Council, the city secretary, or other officer designated by the council, shall advertise for sealed bids for the construction of said improvements in accordance with the specifications. Said advertisement shall be published one (1) or more times in a newspaper of general circulation in the city, and shall state the times prescribed by the council for receiving bids, which shall be not less than ten (10) days from the first publication of said advertisement. Bids shall be filed and opened by the City Manager or his or her designee. Said council may accept such bid or bids, as it may deem most beneficial to the city and the owner of the property abutting the proposed improvement, or may reject any and all bids, and may accept different bids for parts of the improvement and accept such bid or bids on different plans or methods, or for different materials, as it may deem best. No bid shall be amended, revised or changed after being filed. (Ord. 16797, § 1(XI), 1-24-2006, approved 5-13-2006)

Fort Worth City Charter ch. XXII, § 6 IMPROVEMENTS-CONTRACTS; SIGNATURE BY THE CITY MANAGER OR HIS OR HER DESIGNEE.

§ 6 IMPROVEMENTS-CONTRACTS; SIGNATURE BY THE CITY MANAGER OR HIS OR HER DESIGNEE. The bids having been accepted by the City Council, the city shall enter into contract with the contractor, to whom the work is let, for its performance. Such contract shall be signed by the city manager or his or her designee and attested by the corporate seal affixed by the city secretary, or other officer designated by the council, and shall be approved as to form by the City Council. (Ord. 16797, § 1(XII), 1-24-2006, approved 5-13-2006)

Fort Worth City Charter ch. XXII, § 7 IMPROVEMENTS-LIMIT OF COST; ASSESSMENT; DEFERRED PAYMENTS; INTEREST; ATTORNEY’S FEES.

§ 7 IMPROVEMENTS-LIMIT OF COST; ASSESSMENT; DEFERRED PAYMENTS; INTEREST; ATTORNEY’S FEES. Exclusive of the cost of such improvement to be paid by railroads and street railroads, as herein provided, the city, acting by the City Council, shall have the power to assess the whole cost of constructing and reconstructing sidewalks and curbs and other improvements against the owners of property abutting on the highway or highways, or sections thereof, to be improved, who are especially benefited thereby. But no part of such cost shall be assessed against any owner of his property in excess of the special benefits thereto in enhanced value thereof arising from the improvement, nor until after the notice and hearing hereinafter provided for. The proportion of the cost assessed against any property, or its owner, shall be in such proportion as the frontage of property of each owner is to the whole frontage of property to be improved, and shall be in accordance with the front foot rule or plan, unless, in the opinion of the City Council, such rule would operate unjustly in particular cases, in which event the City Council shall adopt such rule of apportionment as will effect substantial equality and justice between property owners, having in view benefits received and burdens imposed on such owner. The cost of paving street intersections and public alleys shall be borne by the city. When the payment of any part of the cost of improvement assessed against any property owners is deferred, the City Council shall have power to provide that such payments shall bear interest at not to exceed eight (8) per cent per annum, and shall have power to include in any assessment against such owners, or their property, cost of collection and a reasonable attorney’s fees, when such costs and fees are incurred.

Fort Worth City Charter ch. XXII, § 8 IMPROVEMENT-LISTS OF OWNERS; NOTICE TO OWNERS; PROTESTS; PROCEDURES.

§ 8 IMPROVEMENT-LISTS OF OWNERS; NOTICE TO OWNERS; PROTESTS; PROCEDURES. When the contract or contracts for improvements have been executed and approved, if any part of the cost is to be assessed against property, or its owner or owners, the director of public works shall at once prepare a statement containing the names of persons, firms or corporations or estates owning property abutting on the highway, or section thereof, to be improved and the number of front feet owned by each, with such description by lot or block number, or otherwise, sufficient to identify the same, and also containing an estimate of the total cost of the proposed improvement, the cost per front foot of abutting property. Said statement shall be examined by the City Council and any errors therein corrected, but no error or omission shall invalidate any assessment made thereunder. When said statement has been approved by the council, it shall then determine and declare the necessity of assessing any part of the cost of proposed improvements against such owners and their property by resolution directing notice to be given to such owners and fixing the time and place of a hearing to be given them. Such notice shall be signed by the city secretary, or other officer designated by the council, and shall state the time and place of hearing, the general nature of improvement proposed, the highway or section thereof to be improved and the total amount and amount per foot proposed to be assessed against owner and his property. Such notice shall be served by publishing same for three times, the first being at least twenty-one days before the date of hearing, in the city’s official newspaper and by mailing a copy thereof by letter deposited in the post office of said city directed to the address of each owner, if known, but if not known, then to the address of his agent or attorney, if known. Said letters shall be posted at least fourteen (14) days before the day of said hearing. Said notice and letter shall contain all the information required by law. On the day fixed for said hearing or any time thereafter, before any assessment is made, any person, firm, corporation or estate owning or having any interest in any property proposed to be assessed for any part of the cost of such improvement or against whom any personal charge is proposed, shall have the right to appear before the City Council in person, or by attorney or agent, and shall be entitled to a hearing as to all matters affecting said assessment or personal liability, or the benefits of said improvement, if any, to property proposed to be assessed and any objection to such assessment, or to the making of such improvement or any invalidity or irregularity in the proceedings with reference thereto, or any other objection. All objections shall be filed in writing, and thereafter the opportunity shall be given to persons filing objections to subpoena witnesses and produce testimony. Said hearing may be adjourned from time to time until completed without further notice. The City Council shall have power to inquire into and determine all facts necessary to the adjudication of objections and the ascertainment of special benefits to such owners by means of such improvements and shall render such judgment in each case as shall be just and proper. Objections to the regularity of any proceedings, or the validity of any assessment or charge of personal liability against any person or property, shall be waived unless presented at the time and in the manner herein specified.

Fort Worth City Charter ch. XXII, § 9 IMPROVEMENTS-ORDINANCE FIXING LIEN; PARTIAL PAYMENTS; INTEREST; RELEASE OF LIEN; PERSONAL LIABILITY; JOINT OWNERSHIP; SALES UNDER LIEN; ORDINANCE; NOTICE OF LIEN; ERRORS; EFFECT OF.

§ 9 IMPROVEMENTS-ORDINANCE FIXING LIEN; PARTIAL PAYMENTS; INTEREST; RELEASE OF LIEN; PERSONAL LIABILITY; JOINT OWNERSHIP; SALES UNDER LIEN; ORDINANCE; NOTICE OF LIEN; ERRORS; EFFECT OF. When said hearing has been concluded, the City Council shall by ordinance, which shall take effect from its passage, without publication or other prerequisites, assess against the several owners of property, and their property abutting on the highway or section thereof, ordered to be improved, such part of the cost of improvement as said council may have adjudged against them. Said ordinance shall fix a lien upon said property and declare the respective owners thereof to be personally liable for the amounts assessed against them, and shall state the time and terms of payment of such amounts. The said ordinance shall prescribe the rate of interest upon deferred payments, not exceeding the maximum set by law, and shall provide that failure to pay any installment when due shall mature all of said deferred payments. But any owner shall have the right to discharge any installment before maturity by the payment of same with accrued interest to date of payment. The lien and charge of personal liability above referred to shall secure and include all costs of collection, including a reasonable attorney’s fee, when incurred. Upon payment in full of any assessment against any such property, the city shall, acting by its mayor, execute a release which shall discharge the lien thereof. More than one parcel or lot of land, the property of one owner, or owned jointly by two (2) or more owners, may be assessed together without invalidating said assessment or the lien thereof, or any claim of personal liability. The cost of such improvement assessed against any property, or its owner, together with interest as set by the City Council and costs of collection, including reasonable attorney’s fees, when incurred, shall constitute a personal claim against such property owner and be secured by lien on such property superior to all other liens, claims or titles, except lawful taxes, and such liability and lien may be enforced in any court having jurisdiction, or by sale of such property by the officer, and in any manner, as far as applicable, sales are authorized to be made for nonpayment of city taxes, but it shall not be necessary to sell at the same time as for delinquent taxes. The recital in any deed made in pursuance to such sales that all legal prerequisites to the validity thereof have been complied with, shall be prima facie evidence thereof, and without further proof shall be presumed to be true. The City Council may by resolution make such rules and regulations as may be deemed proper to enforce collection of such assessments. Any error or omission in any proceeding herein provided for shall be corrected by the council, and shall not invalidate the said proceedings. The passage of such ordinance making said assessment shall be notice to all persons of the lien created thereby.

Fort Worth City Charter ch. XXII, § 10 IMPROVEMENTS-SUIT BY OWNER; FIFTEEN DAYS LIMITATION; PRECEDENCE IN COURTS; DEFENDANTS; SUSPENSION OF IMPROVEMENTS.

§ 10 IMPROVEMENTS-SUIT BY OWNER; FIFTEEN DAYS LIMITATION; PRECEDENCE IN COURTS; DEFENDANTS; SUSPENSION OF IMPROVEMENTS. Any person interested in any property assessed for such improvements, or against whom any charge of personal liability may have been fixed, may, within fifteen (15) days from the conclusion of the hearing above referred to, but not thereafter, institute suit in any court having jurisdiction for the purpose, on any ground, of testing the validity of said assessment or personal liability, and the validity of any proceeding had with reference thereto; but is said action be not brought within said period of fifteen (15) days, then said persons, their heirs, successors, assigns, or personal representative, shall be forever barred from asserting any defect in such proceedings or any invalidity in said assessment or charge of personal liability, in any action in which the same may thereafter be brought into question. The said city and the contractor to whom the work of improvement may have been let, shall be made parties defendant to any suit brought under this section. When any suit has been brought under the terms of this section, the performance of any work may be suspended at the election of the city or the contractor until said suit is finally determined, provided that any writ of error or appeal from the judgment of the court in which said suit was brought shall be perfected within thirty (30) days from the adjournment of the term of the court of original jurisdiction at which final judgment shall thereafter be taken or sued out, but any such suit shall be entitled to precedence in all courts in this state, and any party may move in any court of an early hearing, and such cases shall, in all courts, be entitled to be advanced on the docket and speedily determined.

Fort Worth City Charter ch. XXII, § 11 IMPROVEMENTS-OMISSION OF PROPERTY FROM IMPROVEMENT; EFFECT OF.

§ 11 IMPROVEMENTS-OMISSION OF PROPERTY FROM IMPROVEMENT; EFFECT OF. When the City Council has reason to believe that the owner of any property may successfully claim the same as exempt from assessment, the council may order that the improvement shall not be made in front of said property, unless the owner shall first satisfactorily secure the payment of the amount which would be assessed against the same, were it not exempt. When any part of the cost of improvement is to be paid by such property owners or assessed against their property and the contractor is required to look to such property or its owners for the proportion of the cost assessed against them, and the city is relieved from the payment of such cost, the contractor may or may not be required to construct improvements in front of property which is exempt from the enforcement of a lien for such cost. The omission of improvements in front of such property on a highway or section thereof ordered to be improved, shall not invalidate or affect any assessment against any other property located on such highway, or section thereof, or charge of personal liability against the owner thereof.

Fort Worth City Charter ch. XXII, § 12 IMPROVEMENTS-ON ONE SIDE OF HIGHWAY; ASSESSMENT OF COST.

§ 12 IMPROVEMENTS-ON ONE SIDE OF HIGHWAY; ASSESSMENT OF COST. The City Council shall have power to order improvements made on only one side of a highway or section thereof, and may assess part of the cost against property and its owners abutting on said improvement as herein provided.

Fort Worth City Charter ch. XXII, § 13 IMPROVEMENTS-CORRECTION OF ERRORS; INVALID ASSESSMENTS; PROCEDURE TO CORRECT; REASSESSMENT.

§ 13 IMPROVEMENTS-CORRECTION OF ERRORS; INVALID ASSESSMENTS; PROCEDURE TO CORRECT; REASSESSMENT. If any error shall occur in any proceeding provided for by this chapter of the Charter, it shall be the duty of the City Council to correct the same, and whenever it shall be finally determined in any suit that any assessment or charge of liability against any property, or its owner, is invalid or unenforceable, for any reason, then it shall be the duty of the City Council at once to reassess against said property and its owner such proportion of the cost of improvement as may be proper, lawful and just, and the City Council shall have power, and it shall be its duty, by ordinance or resolution, to adopt such rules and regulations for a hearing to said owners before the reassessment as may be necessary legally to bind such owners and property by reassessment, and shall have power to adopt all other rules and regulations requisite to such reassessment, or fixing a charge of personal liability against such owners.

Fort Worth City Charter ch. XXII, § 14 IMPROVEMENTS-PETITION OF SIXTY PER CENT OF PROPERTY OWNERS; PROCEDURE; PARTIAL PAYMENTS; INTEREST; PAYMENT BY CITY; ASSIGNMENT OF DEFERRED PAYMENTS; STREET IMPROVEMENT FUND.

§ 14 IMPROVEMENTS-PETITION OF SIXTY PER CENT OF PROPERTY OWNERS; PROCEDURE; PARTIAL PAYMENTS; INTEREST; PAYMENT BY CITY; ASSIGNMENT OF DEFERRED PAYMENTS; STREET IMPROVEMENT FUND. Whenever the owners of sixty (60) per cent of the front feet of property abutting on any highway, or part or section thereof, in the city shall, in writing, petition the City Council for the improvement thereof, and shall in the petition agree to pay the cost of such improvement in front of their respective properties, exclusive of any costs payable under the terms of this Charter, by owners of railroads or street railroads, and shall generally designate the nature and extent of the proposed improvement, the City Council must order the making of said improvement; provided, only, that the City Council shall be satisfied from the said petition, or other evidence before it, that the payment of at least one-half of the total cost of improvement, exclusive of cost to be paid by owners or railroads and street railroads, can be secured by assessment against abutting property and its owner, or in some other manner. When such petition has been filed and approved, the procedure of the said council, the city and its officers, with respect to such improvement and fixing, and assessing, apportioning and collecting the cost thereof, shall, in all things be in compliance with the preceding and succeeding sections of this chapter of the Charter, and the provisions thereof which shall apply in all respects to proceedings under this section, except as in this section otherwise provided. Where improvements are made under the terms of this section, the work shall not begin until at least sixty (60) per cent of the estimated cost thereof, exclusive of the amount to be paid by railroads or street railroads has been assessed against the property abutting on the proposed improvement, or against the owners thereof. When improvements are made under the terms of this section, the proportion of the cost thereof assessed against the owners of property, and their property shall be payable by them to the city, or its assigns, in five (5) or more equal installments, the first of which shall be due thirty (30) days after the completion and acceptance of the improvement by the city, and the remainder in annual installments thereafter. Deferred payments shall bear interest at not to exceed eight (8) per cent per annum as may be fixed by the City Council, and default in the payment of any installment of principal or interest, when due, shall, at the option of said city, or its assigns, mature all unpaid installments, which shall, in such event, without notice, become collectible. During the progress of and when improvements are completed under this section, the city may pay to the contractor making same, the whole agreed cost thereof, except amounts payable by the owner of railroads and street railroads, under the terms of this chapter. But upon such payment by the city, the contractor shall endorse and assign to the city, without recourse, all notes, contracts, liens or other securities or obligations given to said contractor by owners of abutting property to secure the payment of the cost of such improvements. The owners of property against whom and whose property, however, two-thirds of said cost shall have been assessed, shall pay the same to the city or its assigns, in installments, as above set forth. But such owner shall have the privilege of discharging said installments before maturity by paying same with accrued interest to date of payment. Payments so made to the city, or the proceeds of said assessments, if sold by the city, shall become part of the permanent street improvement fund and be sacredly preserved therein, and shall not be used in any manner except to make other permanent street improvements, where the cost or part thereof is assessed against abutting property or its owners.

Fort Worth City Charter ch. XXII, § 15 IMPROVEMENTS-CERTIFICATES, FORM OF; EXECUTED BY MAYOR; STREET IMPROVEMENT FUND.

§ 15 IMPROVEMENTS-CERTIFICATES, FORM OF; EXECUTED BY MAYOR; STREET IMPROVEMENT FUND. The City Council may also authorize the issuance by the city of assignable certificates against abutting property owners or against persons, firms, corporations or estates using or occupying highways. Such certificates shall be payable to the contractor, or to the city, should the city pay the whole cost of improvements, as set out in Section 14, and the City Council shall fix the form and terms of such certificates. The recital in such certificates that proceedings with reference to such improvements have been made in compliance with the terms thereof, and that all prerequisites to the fixing of the lien and charge of personal liability evidenced by such certificates have been performed, shall be prima facie of the facts so recited, and no other proof thereof shall be required, but in all courts the said proceedings and prerequisites shall, without further proof, be presumed to have been had and performed. Such certificates shall be executed by the mayor and attested by the city secretary, or such other officer as may be designated by the City Council, with the corporate seal. Such certificate, when payable to the city, may be sold by it as may be provided by the City Council, and the proceeds of said sale shall become part of the permanent street improvement fund.

Fort Worth City Charter ch. XXII, § 16 IMPOUNDMENTS-VALIDATION OF OLD CONTRACTS.

§ 16 IMPOUNDMENTS-VALIDATION OF OLD CONTRACTS. The City of Fort Worth having heretofore entered into contracts for the pavement of streets or begun proceedings looking thereto, all provisions of the preceding Charter and ordinances of the City of Fort Worth providing for the construction of such improvements or assessment of the cost thereof against owners of abutting property and their property, or the enforcement of such assessment shall remain in full force for the purpose of effecting the construction of the said improvements and assessing and collecting the cost thereof, and all contracts entered into by the City of Fort Worth heretofore for the same are hereby validated.

Fort Worth City Charter ch. XXII, § 17 [IMPROVEMENTS-ALTERNATIVE METHOD.]

§ 17 [IMPROVEMENTS-ALTERNATIVE METHOD.] That all of the powers conferred by the act of the first called session of the Fortieth Legislature, authorizing cities to improve streets and alleys and make assessments for same, known as Chapter 106, and found on page 489 of said Session Laws, be adopted as an alternative method, the provisions of which act, or any one of them may be exercised by the City Council or other governing authority whenever it is deemed advisable so to do.

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-366Fetched: 10/26/2026