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HomeMy WebLinkAboutOrdinance 2543 rr rrr MA/l// M" /i r�rc, /�%����A CITY Tib`ALE A MUCy' OF T D MIM O THIS ORDI A C»g TO SM TO THE aCT' " TAB t 'T R , Ctki Y KNOIN AS ARTICLB 110 5b r , S, the City Council of the City of Fort Worth,;Texas has acts mimed that a 'public necessity exists for and has decided to order the i ment of the hereinafter described portion of a street in the City of F'ort, ii Worth in the mazer hereinafter pro id i; THEU710RE, BE IT flRDal SD BY THE CITY' COUNCIL OF THE CITY OF FORT NOM SECTION 1 That here exists a,public necessity, and said City Council does ho , by determine that it is necessary to permanently,improve the following de- scribed portion of a street -within the City of Fort, Borth, Tess, as fo/Il:ows, to wit. Dexter kmenue, from the easterly lane of Clover Lane to the westerly line of Satter Street. r ; SECTION 2 That there Is hereby ordered that said shot within the limits h roi;n� above described shall be improved, by raising, grading, filling, wid ix , permanently paving or repaving same by the construction, reconstruction s r "„” rrrr%irrrrrrii pairing or raligning, of concrete curbs and gutters in the manner and were rrrrii, rc� ; the City igineer determines that adef juate curbs and gutters are not no*( stalled on proper grade and line, and by construction of such drains and other necessary incidentals and appurtenances as deemed necessary by said City; Engineer, said permanent paving to consist of the construction of an adequate wearing surface upon a substantial batmd course, both, of such type, construc- Lion, materiels and thickness as is deemed adequate, and proper by said ngi- near, and all of said improvem9nts to be as provided for in the plans and specifications therefor, to be prepared by said City Engineer as hereinafter directed,, and as shall be approved and adopted by the City Council.. $E TRX 3#, That in providing; for and making such improvements, said City Council, deems it advisable and hereby determines"to,pPovead tinder and in the exer- cise of the powers, terms and previsions of Chapter L4 i, ,;//,h'e of First-Galled Session of the Fortieth Le islsCiie of the State of Texas, mhicta is Icnowra and ahown as Article � � of the„ yised Civil Statutes or pb s, 1925, as axaended, and as adopt d by the City of Fort Worth as Section 17, Chapter XXIII of the Charter of said City. y SECTION a, ' at the City Engineer is hereby directed to forthwith prepare and file with the City Council complete plans and specifications for such °improvemet3ts SATION 5 That the cost of said improvemeaLs shall be paid for as follows, to writ: (a) The property abutting on that portion of Dexter Avenue between the easterly line of Clover Lane and the westerly line of Sutter Street and the real and true owners thereof shall pay all of the cost of the curbs and gut- ters in front of their respective property and not exceeding nine-tenths (4/10t s) of the estimated cost of the remainder of such improvements. ('b) The City of Fort Worth shall pay all of the remainder of the cost of said improvements after deducting the amounts herein specified to be paid by the abutting properties and the real and true owners thereof, as set out above in subsection (a).;. That the amounts payable by the abutting properties and the real and true owners thereof" shall be assessed against, such properties and the real and true owners thereof and shall constitute a first and prior lien upon such properties and a personal liability of the real and trace owners thereof, and shall be payable as follows, to wit: When said improvements are completed and accepted by the City Council, the amts payable by and assessed against the property abutting thereon A and the real and true owners thereof shall be and become payable in five (5) equal installments, due respectively on twenty (20) days, one (1), two (2), three (3) and four (4) years from the date of said acceptance by said Cite Council., together with interest thereon from said date of acceptance at the rate of six per cent (6 ) per annum, payable annually; provided, however, that the owners of said property shall have the privilege of paying any one of or all of such installments at any time before maturity thereof by paying the total amount of principal due, together with interest accrued to the date of payment. Further, if default be made in the payments of any of said in- stallments of principal or interest promptly as same matures, then at the op- tion of the contractor or assigns the entire: amount of the assessment upon which such default is made shall be and becomm immediately due and payable, together with reasonable attorney's fees, and collection costs, if incurred. However, it is specifically stipulated and provided that no assessment shall in any case be made against any property or the real and true owners thereof in excess of the special benefits to accrue to such property in the enhanced value thereof resulting from said improvemnts. SECTION 6, That in the levying.and making of said assessments, if the parse 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 sha1,1 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. Further, the omission of said improvements in front of any parcel of property exampt from the lien of such assessments shall in nowise affect or impair the validity-of the as- sessments against the other abutting'property in such street. SECTION 7, That the City Secretary is hereby directed to cause to be prepared a notice of enactment of this ordinance and to file said notice with the County Clerk, of Tarrant County, Texas, among the Mortgage Records of said county, Of SFX 8. That 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 APPRO AS TO FOW City Attorney