HomeMy WebLinkAboutOrdinance 8579
ORDINANCE NO ~~/I9
AN ORDINANCE APPROPRIATING REVENUE OF CITY OF
FORT WORTH OF AN ADDITIONAL $100,000 FROAi THE
FUND BALANCE OF THE GENERAL FUND TO GENERAL FUND
ACCOUNT NO 90-75-00 FOR THE PURPOSE OF PAYING RENT
TO THE JENNINGS HEIRS FOR USE OF THE FORMER FORT
WCRTH PUBLIC LIBRARY BUILDING FROM JUNE 21, 1978
THROUGH FEBRUP_RY 17, 1982 PROVIDING FOR A SEVERA-
BILITY CLAUSE MAKLNG THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES REPEALLNG ORDINANCES IN CONFLICT
HEREWITH AND APPROVING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS
SECTION 1
That the City Manager of the City of Fort Worth shall
be provided with such revenue as may be secured from various sources
included in Ordinance No 8391 and in the Budget of the City Manager,
and in addition thereto there is appropriated $100,000 from the Fund
Balance of the General Fund to General Fund Account No 90-75-00 for
the purpose of paying rent to the Jennings Heirs for use of the former
Fort Worth Public Library Building from June 21, 1978, through February
17, 1982
SECTION 2
Should any part, portion, section or part of a section
of this ordinance be declared invalid or inoperative or void for any
reason by a court of competent jurisdiction, such decision, opinion
or judgment shall in no way affectxthe remaining portions, parts,
sections or parts of sections of this ordinance, which provisions shall
be, remain and continue to be in full force and effect
SECTION 3
That this ordinance shall be cumulative of Ordinance No
8391, but all other ordinances and appropriations for which provision
has been heretofore made are hereby'"'expressly repealed if in conflict
with the provisions of this ordinance
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SECTION 4
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
APPROVED AS TO FORM AND LEGALITY
City Attor ey
Date
ADOPTED ~~/"S ~-
EFFECT3VE ~~~~ g~"
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City of Fort Worth, texas
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DATE REFERENCE SUBJECT ett ement o Litigation PAGE
~.~~~:~ NUMBER Concerning the Former Fort Wort 1
Public Library ~ °f
t~acted litigation concerning the title to the real property and improve-
ments where the former Fort Worth Public Library was located has been resolved
against the City Pursuant to the judgment of the trial court title to this
property was awarded to the plaintiffs the heirs of Sarah Gray Jennings as of
June 21 1973 the date the City moved its Public Library to its present location.
This judgment was appealed by the City and the judgment has been upheld by the
appellate courts
The issues of the amount of rent payable by the City to the rightful owners the
enhancement value of the old library building in connection with the real propert
and ad valorem taxes due the City were severed out of the prior litigation for
' resolution at a later date On March 9 1982 (M&C G-5244) the City Council
___a_pproved the employment of two independent appraisers to appraise the property
-----and--improvements in order to determine enhancement if any and estimated rent
for the property The appraisals have been received and based on the appraisals
- "and negotiations with attorneys for the Jennings heirs a proposed settlement has
been reached' The proposed settlement consists of the following
~--1 Paymen-t~of rent by the City to the Jennings heirs in the amount of $100 000
""~2° " Placing the property on the tax rolls as of February 17 1982 the date the
City vacated the premises for all purposes
3 An agreement between the Plaintiffs and the City indemnifying the City
against any future claims by any unknown heirs
4 Conveyance by the City of any right or title which the City may now have in
the property of the heirs
The City Manager and the City Attorney join in recommending this settlement
Financing
As funds required for this settlement were not anticipated in the 1981-82 Annual
$udget it will be necessary for the Council to appropriate the $100 000 from the
fund balance of the General Fund
Recommendations
It is recommended that
1 The City Council approve the proposed settlement as outlined above
2 The Mayor the City Manager and the City Attorney be authorized to execute any
and all documents required to finalize this settlement and
3 The City Council adopt the attached supplemental appropriations ordinance
appropriating $100 000 from the fund balance of tthe Ge~~~~~d~~ General
Fund Account No 90-75-00 ~'~/ (-OU~C,'~
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SUBMITTED FOR lMt
CITY MANAGER'S
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DISPOSITION BY COON en>;etaxy ~ bhp
APPR~ °~~
PROCESSED BY
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ORIGINATING
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DEPARTMENT H
AD: Wade AdklriS
FOR ADDITIONAL INFORMATION
CONTACT Wade Adkins EXt. 7000
DATE