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HomeMy WebLinkAboutOrdinance 2675 ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY FOR AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF FORT WORTH TEXAS TO PURCHASE THE MAX111UM OF NINE (93 PAVIN6 LIEN CERTIFICATES, UPON ISSUANCE, FOR PAVING TO BE PERFORMED UPON A PORTION OF DEXTER STREET FROM THE EASTERLY LINE OF CLOVER LANE TO THE WESTERLY LINE OF SLITTER STREET, FORT WORTH TARRANT COUNTYi TEXAS, AS PER CONTRACT 514ED SEPTEM- BER 13 1948, BETWEEN THE CITY OF FORT WORTH AND BRW & ROOT, INC: APPROPRIATING THE MONEY THEREFOR FROM THE GENERAL PAVING FUND OF THE CITY OF FORT WORTH, TEXAS, FOR THE PURCHASE OF SAID CERTIFICATES, DIRECTING THE CONTRACTOR TO PAVE SAID STREET, AND OTHER RELATED MATTERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, SECTION I• The City Council of the City of Fort Worth, Texas, hereby finds and determines; (a) That the City Council of the City of Fort Worth has heretofore, by ordinance duly enacted June 16, 1948, determined the necessity for and ordered the improvement of a portion of Dexter "Street from the Easterly line of Clover Lane to the Westerly line of Sutter Street, Fort Worth, Tarrant County, Texas. (b) That the City Council of the City of Fort Worth, Texas, has heretofore, by ordinances duly enacted, authorized and executed a contract with Brown & Root, Inc. for the paving of that portion of Dexter Street within the limits defined, said contract being dated September 13, 1948, and providing that the contractor shall exercise his best efforts to see that all of the assessments are regular, valid and enforceable, and that in the case of homesteads, mechanic's lien contracts are executed by the abutting property owners if at all possible. That the contractor shall not be compelled to construct said improvements in that portion of the street immediately abutting any property against and upon which valid assessments are not levied, but shall be entitled to omit such improvements in that portion of said streets immediately abutting such property and for which said property would otherwise be chargeable, provided that if the owners of said property shall satisfactorily secure the contractor in the payment of the sum with which such property would be chargeable, or if the city shall, itself, arrange with the contractor to pay therefor, then the improvements shall be constructed in such portions of the street. (c) That the City Council of the City of Fort Worth, Texas, has heretofore, by ordinances duly enacted, determined the necessity for levying assess- ments upon the abutting "property "on Dexter Street within the limits defined; determined the amount of said assessments;'- found and determined that each and every parcel of-property abutting upon said street within the limits defined would- be specially benefited and enhanced in value in excess of the amount of the cost of said impreve- ments "proposed'to be and as assessed against said properties; levied an assessment for the payment of a portion of the cost of improving said street within said limits defined;levied a charge and lien against said properties and the real and true owners thereof, provided for the issuance of assignable certificates upon the completion and Acceptance of said work, and provided for the manner and method of collecting said certificates and assessments. (d) That a need for and necessity still exists for the paving of that portion of Dexter Street from the Easterly line of Clover Lane to the Westerly line of Sutter Street, Fort Worth, Tarrant County, Texas. (e) That the following parcels of land abutting upon Dexter Street within the limits defined are homesteads, all in' Queensborough Addition, First. Filing, an addition to the City of Fort Worth, Tarrant County, Texas: LOT BLOCK PROPERTY OWNZR 19 24 John G. Stanko and Evelyn Stankor 20 24 Leonard L. Lowe and Hazel Lowe 11 and, J2 25 R. C. Baucom and Ruth Baucom 10 32 Earl C. Smith and Frances H. Smith 33 R. Degunia and M. L. Degunia 2 33 R. Akers and V. Akers 4 33 W. Perrin and C. M. Perrin 16,and W. 25 ft. / Lot 17 24 James W. Brown and wife Martha K. Brown That Brown & Root, Inc. has exercised its best efforts to obtain mechanic's lien contracts from said abutting property owners but has been unable " to do so and that the owners of said property have not satisfactorily secured the contractor in the payment of the sums with which such property would be chargeable. (f) That it is necessary for the City of Fort Worth to guarantee the contractor of paymeni for the assessments against the above listed property and to arrange with the contractor to pay for any and"all of said assessments in the event the property"owners refuse to sign or to pay said assessments in full upon completion of the work, said assessments being in the total amount of $3,4+ 0.30. That said guarantee and arrangement to pay the contractor is necessary in order to pave Dexter Street within the limits defined. 2. (g) That in order for the City of Fort Worth to secure the contractor in the payment of the assessment which would otherwise be chargeable against the above described property it is necessary to authorize the purchase of the paving lien certi- ficates and to agree to pay therefor upon completion of the-work-and issuance of said certificates, 'and to appropriate from the General Paving Fund the sum of $3,420.00 to pay therefor. (h) That it is necessary to authorize the Mayor of the City of Fort Worth and the City Secretary of the City of Fort Worth, Texas, to purchase the paving certificates to be issued against the above described property upon completion of the work and issuance of said certificates, to draw upon the General Paving Fund of the City of Fort Worth to pay therefor, and to direct the contractor to complete said work in accordance with the plans and specifications of said contr%ct. SECTION II. That in pursuance of said ordinance duly enacted by said City Council authorizing and ordering the improvements of the above described street within the limits hereinabove named and defined, and in pursuance of said proceedings heretofore had and enacted by said City Council in reference to said improve- ments, and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas, known and shown as Article 1105b of Vernon's Annotated Civil Statutes of Texas, as amended, and as adopted by Section 17, Article XXIII of the charter of said city, the Mayor and the City Secretary of the City of Fort Worth shall be, and hereby are, authorized and directed to purchase from Brown & Root, Inc., upon completion of the work on Dexter Street within the limits defined, and issuance of the paving lien certificates, the certi- ficates issued for paving abutting on the following tracts or parcels of property: Lot 19 and Lot 20, Block 24; Lot 16 and West 25 feet of Lot 17, Block 24; Lots 11 and 12, Block 25, Lot 10, Block 32, Lots 1, 2, and 1+1 Block 33, all in Queensborough Addition, First Filing, an addition to the City of Fort Worth, Tarrant County, Texas, and the sum of $3,420.00 is herewith appropriated from the General Paving Fund of the City of Fort Worth to pay therefor; and the contractor, Brown & Root, Inc., is herewith assured of payment and instructed to pave that portion 3. of Dexter Street from the Easterly line of Clover Lane to the Westerly line of Sutter Street. SECTION III. This ordinance shall take effect and be in full force from and after its passing. PASSED and APPROVED this day of Xa 1949. fi . •.P„ MAYOR OF THE CITY OF FORT WORTH, TEXAS CITY SECRETARY APPROVED AS TO FORM: rev CITY ATTORNEY. 4.