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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.
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.
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.
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.