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HomeMy WebLinkAboutOrdinance 2644 ORDINANCE No. m,. AN ORDINANCE AMENDING ORDINANCE NO. 2608, SAID ORDINANCE NO. 260$ BEING AN oRDINANCE DETERMMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF SYLVANIA AVENUE IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LIMITS HEREIN DEFINED, BP IMPROVED. PROVIDING THE MANNER IN WHICH THE COST OF SUCH IMPROVAMENTS SHALL BE PAID; DINING THE CITY ENO& INMM TO PREPARE AND FILE FLANS AND SPECIFICATIONS FOR SUCH IMPRO"9EMSNTS; DIRECTING THE CITY SECRETARY TO FILES A NOTICE OF TIM ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLM OF TARRANT COUNTr, TEXAS; AND DECLARING THAT THIS ORDINANCE AND ALL SUBSEq,UENT PROCEEDINGS 'S TINE TO SUCH IMPROVEMENTS ARE AND SHALL BE PUR6`UANT'TO THE ACT OF THE FIRST-CALLED SESSION OF THE PORTINTS LEGIS LATURE OF THE STATE OF TEXAS, CHAPTER 106, 00)MN Y KNOWN AS ARTICLE 1105b, OF THE VERNONt: STA 3.'E$ OF TEXAS, BY CHANGING TEE TIME OF PAYMENT, PROVIDED FOR IN SECTION FIFE (5). FROM FI 3 (5) EgUAL ANPEUAL PATMXXTS TO TEN (10) WAL ANNUAL PAYMENTS. SAID ORDINANCE AFTER BEING AMENDED SHALL BEAT? AS FOLLOWS: WMM&EAm, 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 the hereinafter described portion of an Avenue in the City of Fort Worth, Texas, in the manner hereino. after provided; THER17ORID, BE IT ORDAINED BY T'H'E CITY COUNCIL OF THE CITY OF FORT WORTH, TEE. SECTION 1. That there exists a public necessity, and said City Council does hereby determine that it is necessary to permanently improve the following described portion of an Avenue within the City of Fort Worth, Texas, as follows, to-wit: SYLVANIA Ate, from the northerly line of East Fourth Street to the southerly line of East Belknap Street, known and designated as Unit No. 1. SYLVANIA AVENUE, from the northerly line of Race Street to the southerly line of North East Twenty-Eighth Street, Imown and designated as Unit No. 2. SECTION 2. That it is hereby ordered that said Avenue within the limits hereinabove described shall be improved by raising, grading, filling, widening, permanently paving or repaving same by the construction, reconstruction, repairing or realigning of concrete curbs and gutters in the manner and where the City Engineer determines that adequate curbs and gutters are not now installed on proper grade and line, and by construction of each drains and other necessary incidentals and appurtenances as deemed necessary by said Engineer, said permanent paving to consist of the construction of an adequate wearing surface upon a substantial bass course, both of such type, construction, materials, and thickness as is deemed adequate and proper by said Engneer.and all of said improvements to be 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.. SBCTI0N 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 106 of the Acts of the first--Called Session of the 'fortieth Legislature of the State of Texas, which is known and shown as Article 1105b of the wised Civil Statutes of Texas, 1925, as amended, and as adopted by the City of Fort Worth as Section 17, Chapter XCIII of the Charter of said City. Sl3CTION 4. The City Zagineer is hereby directed to forthwith prepare and file with the City Council complete plans and specifications for such improvements. BUTIOH 5- The cost of said improvements as herein defined shall be paid for as follows, to wit: (a) The property abutting on that portion of the Avenue and the real and true owners thereof shall pay all of the cost of the ,curbs and gutters in front of their respective property and not exceeding nine-tenths (9J10ths) 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) above. The amounts payable by the abutting properties and the real and true owners thereof shall be assessed against such properties &44 the real and true owners thereof and. stall constitute a first and prior lien upon such properties and a personal liabil- ity of the real and true owners thereof, and shall be payable as follows, to wit: When said improvements are completed and accepted by the City Council, the amounts payable by and assessed against the property abutting thereon and the real and true owners thereof shall be and become payable in ten (10) equal annual install- ments, due respectively on twenty (20) days one (1), two (2), three (3). four (4), five (5), six (6), seven (7), eight (F), and nine (9) years from the date of said acceptance by said City Council, together with interest thereon from said date of acceptance at the rate of six per cent (6%,) per —m, 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 dust together with interest accrued to the date of payment. Nr�� Farther, if default be made in the payments of any of said installments of;principal or interest promptly when same matures, then at the option of the contractor or assigns, the entire amount of the assessment upon which such default is made shall be and become immediately due and payable, together with reasonable attorney's fees and collection costs, if incurred. However, it to specifically stipulated and provided that no assessment shall in any ease be made against WW property or the real or true owners thereof in excess of the special benefits to accrete to such property in the emhaneed value thereof resulting from said improvements. SZOTION 6. 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 mentioned shall be liable and the assessment against the property shall be valid whether or not such owner be named or correctly named. It is hereby further provided that in levying said assessments, the omission of said improvements in front of any parcel of property exempt from the lien of such assessments shall In nowise affect or impair the validity of the assessments against the other abutting properties in such street. SECTION 7. The City secretary is hereby directed to cause to be prepared 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 8. 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: CITY ATT