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HomeMy WebLinkAboutOrdinance 2522 ORDINANCE N0, AN ORDINANCE DETERMINING THE NECESSITY FOR APID ORDERING THAT A PORTIOTT OF FAST CANNON STREET, IN THE CITY OF FORT TAORTH, TI'XAS, "TITHIN THE Ln ITS HERRIN DEFINED, BE I"ROVTD; PROVIDING THE "'IMR IN IHICH THE ODST OF SUCH I)PROVEMINTTS SHALT, BR v`ID; DIRECTING ME QTY ENQ WIR TO PREPARE' AWTD FILE: PIANS AND SPECIFICATIONS FOR SUCH IMPROVMTENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF .THF ADOPTION OF THIS ORDINANCE '111H THE ODUNTY CLERK OF TARRANT COUNTY, TPXAS; AND DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SUCH DPROVEIGRENTS ARE AND SHALL BE PURSUANT TO THF ACT OF THE FIRST-CALLED SESSION OF THE FOR'T'IETH IRGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, CO1 MNLY KNOWN AS ARTICLE 1105b OF THE VERNONtS STATUTES OF TEXAS. WHEREAS, the City Council of the City of Fort Worth, Texas, has de- termined that a public necessity exists for and has decided to order the im- provement of the hereinafter described portion of a street in the City of Fort Worth, Texas, in the manner hereinafter provided; 7HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TFMAS: SECTION i. That there exists a public necessity, and said City Council does here- by determine that it is necessary to permanently improve the following de- scribed portions of a street within the City of Fort Worth, Texas, as follows, to-wits East Cannon Street, from the westerly line of Blocks 4 and 5, Glen- wood Addition to the westerly line of Exeter Street. SECTION 4 That it is hereby ordered that said street within the limits herein- above described shall be improved by raising, grading, filling,nridenings permanently paving or repaving same by the construction, reconstruction re- in the manner and where the City EngiV)p $eteamines that 449(p ate-;ir e- an4,gutte; pairing or realigning of concrete curbs and gutters/are not now in- stalled on proper grade and line, and by construction of such 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 base course, both of such type, construe- tin, materials and thickness as is deemed adequate and proper by said �n- ginner, and all of said improvements to be as provided for in the plans and specifications therefor, to be prepared by said City Nineer as hereinafter directed, and as shall be approved and adopted by the City Council. SECTION 3r In providing for and making such improvements, said City Council deems it advisable and hereby determines to proceed under and in the exer- cise of the powers, terms and provisions of Chapter 106 df 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 Revised Civil Statutes of Texas, 1925, as amended, and as adopted by the City of Fort Worth as Section 17, Chapter %XIII, of the Charter of said City. SECTION 4. The City Feigineer is herety directed to forthwith prepare and file with the City Council complete plans and specifications for such improve- ment s. SECTION 5. The cost of said improvements as herein defined shall be paid for as follows, to wits (a) The property abutting on that portion of the street to be in- proved 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 (9/10ths) of the estimated cost of the remainder of such improve- ments. (b) The City of Fart 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 and the real and true owners thereof and shall constitute a first and prior lien upon such prop- erties and a personal liability 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 Coun- cil, the amounts payable by and assessed against the property abutting there- on and -the real and true owners thereof shall be and became payable in five (5) equal annual installments, due respectively on twenty (20) days one (1), two (2), three (3) and four (4) years from the date of said acceptance tg said City Council, together with interest thereon from said date of acceptance at the rate of six per cent (6%) per annum, payable annually; provided, how- ever, 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 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 is specifically stipulated and provided that no assessment shall in any case be made against ary property or the real or true ownerslhereof in excess of the special benefits to accrue to such prop- erty in the enhanced value thereof resulting from said improvements. SECTION 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 tr 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 shell in nowise affect or impair the validity of the assessments against the ether 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 S. 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 FOX AND LEGALITY: City Attorney ti '