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HomeMy WebLinkAboutOrdinance 2749 ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF Robert Street IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LIMITS HERE- IN DEFINED, BE IMPROVED: PROVIDING THE MANNER IN WHICH THE COST OF SUCH IMPROVEI.IEN'TS SHALL BE PAID: DIRECTING THE CITY ENGINEER TO PREPARE AIM FILE PLANS AND SPECIFI- CATIONS FOR SUCH IMPROVEMMNTS: DIRECTING THE CITY SECRE- TARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS: AND DE- CLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEED- INGS RELATING TO SUCH IMPROVEMENTS ARE AND SHALL BE PUR- SUANT TO THE ACT OF THE SECOITD-CALLED SESSION OF THE THIRTY-EIGHTH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 9, COMMONLY KNOWN AS ARTICLES 1221 TO 124o, INCLUSIVE, OF THE VERNON'S STATUTES OF TEXAS. WHEREAS, the City Council of the City of Fort Worth, Texas, has determined that a public necessity exists for and has decided to order the improvement of tl}e hereinafter described portion of a street in the City of Fort Worth, Texas, in the manner hereinafter provided; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That there exists a public necessity, and said City Council does hereby det- ermine that it is necessary to permanently improve the following described portion of a street within the City of Fort Worth, Texas, as follows, to-wit: ROBERT STREET, from the Westerly line of Bryan Avenue to the Easterly Line of May Street. SECTION 2, That it is hereby ordered that said street within the limits hereinabove des- cribed shall be improved by installing a Whiteway Lighting System and by the con- struction of such incidentals and appurtenances thereto as deemed necessary by the City Engineer, and all of said improvements to be provided for in the plans and specifications therefor, to be prepared by said City Engineer as hereinafter direct- ed, and as shall be approved and adopted by the City Council. SECTION 3. In providing for and making such improvements, said City Council deems it ad- visable and hereby determines to proceed under and in the exercise of the powers, terms and provisions of Chapter 9 of the Acts of ,the Second-Called Session of the Thirty-eighth Legislature of the State of Texas, which is known and shown as Art- isles 1221 to 1240, inclusive, of the Vernon's Statutes of Texas. SECTION 4. The City Zngineer is hereby directed to forthwith prepare and file with the City Council complete plans and specifications for such improvements. SECTION 5. The cost of said improvements as herein defined shall be paid for as follows, to-wit: All of the cost of making the said improvement shall be assessed against the owners of the abutting property according to the proportion which the front footage of the property assessed bears to the total front footage of the property included in the improvement, ,provided that no assess- ment shall be made against any owner or his property unless the actual bene- fits to the said property in enhanced value shall equal or exceed the amount of such assessment; nor shall any assessment be made until after the notice and hearing as provided in the general laws of the State of Texas passed by the 38th Legislature Chapter Nine. That upon the completion of the said work in front of the property of each owner and its approval by the City Znginser and the City Council, a statement of the cost chargeable to each owner and his property shall be made by the City Engimer and furnished to'the Mayor as prescribed by said law, and said coat shall constitute a lien against said property and a personal liability against its owner and shall be payable as follows: In six equal installments, one payable within thirty days after the date of completion of said work and its acceptance by the City and the remain- der in five equal annual installments thereafter provided that said oA ners shall have the right to discharge any installment before maturity by payment thereof, with accrued interest that default in the payment of any installment or principal or interest upon said assessment when due as herein provided shall at once mature the whole amount thereof, both principal and interest which shall at once become collectable without notice. SECTION 6. In the levying and making of said assessments, if the name of any owner be un- known, 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 mentioned shall be liable and the assessment against the property shall be valid whether or not such owner be named or correctly named. SECTION 7. All former Resolutions an4jor Ordinances concerning the lighting of said por- tion of Robert Street are hereby repealed. SECTION S. That when the said improvement shall have been made and the assessments again- st the abutting property and its owners as their liability shall appear and be as- certained by the City Council have been discharged by them, the said abutting pro- perty shall not thereafter during the life of the said improvement be liable for r r .fir any other light assessment and no charge shall be made or included in the cost of such improvement for the maintenance or repairs, but only the actual and rea- sonable cost to the City of cons tructing the same shall be assessed against the owners and their property. Nothing herein shall be construed as to prevent the City from issuing bonds for general street improvements. SECTION 9. The City Secretary is hereby directed to cause to be preparsd a notice of the enactment of this ordinance and to file said notice with the County Clerk of Tarrant County, Texas, among the Mortgage Records of said County. SECTION 10. 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 FOBM: City Attorney ORDINANCE Title £ �r Date Filed r > ` - Day of!u 19 .E City Secretary,} 't Y. O.No. 13697-R