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HomeMy WebLinkAboutOrdinance 2778 ti ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY FOR, AUTHORIZ- ING AND DIRECTING THE MAYOR OF THE CITY OF FORT WORTH, TEXAS, TO PURCHASE EIGHT (8) PAVING LIEN CERTIFICATES, UPON ISSUANCE, FOR PAVING TO BE PERFORMED ON A PORTION OF SYLVANIA AVENUE, FROM THE NORTHERLY LINE OF EAST 4TH STREET TO THE SOUTHERLY LINE OF EAST BELKNAP STREET, KNOWN AND DESIGNATED AS UNIT NO. 1, FORT WORTH, TARRANT COUNTY, TEXAS, AS PER CONTRACT EXECUTED MARCH 16, 1949, BSTgEEN THE CITY OF FORT WORTH AND TEXAS BITULITHIC COMPANY; APPROPRIATING THE SUM OF FIVE THOUSAND, EIGHTY- SEVEN AND 69/100 DOLLARS ($5,087.69) FROM THE GENERAL PAVING FUND OF THE CITY OF FORT WORTH, TEXAS, FOR THE PURCHASE OF SAID CERTIFICATES; DETERMINING AND IDENTIFY- ING SAID CERTIFICATES TO BE PURCHASED; DIRECTING THE CONTRACTOR TO PAVE UNIT NO. 1 OF SYLVANIA AVENUE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. 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 on November 17, 1948, determined the necessity for, and ordered the improvement of a portion of Sylvania Avenue, from the northerly line of East 4th Street to the southerly line of East Belknap Street, known and designated as Unit No. 1. (b) That the City Council of the City of Fort Worth, Texas, has heretofore, by ordinances duly enacted, authorized and executed a contract with Texas Bitulithic Company for the paving of that portion of Sylvania Avenue from the northerly line of East 4th Street to the southerly line of East Belknap Street, known and designated as Unit No. 1, said contract being dated March 16, 1949, 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 case of home- steads, mechanicts 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 con- tractor in the payment of the stun 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 assessments upon the abutting property on Sylvania Avenue 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 improvements proposed to be and as assessed against said properties; levied an assessment for the payment of a portion of the cost of im- proving 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 pav- ing of that portion of Sylvania Avenue from the northerly line of East 4th Street to the southerly line of East Belknap Street, knorm and designated as Unit No. 1. (e) That the following parcels of land abutting upon Syl- vania Avenue within the limits defined are homesteads; A part of the B. F. Crowley Survey in the City of Fort Worth, Tarrant County, Texas: Beginning at a point where the north line of East Fourth Street intersects the west line of Sylvania Avenue; thence northwesterly 215 feet to a point in the south line of Tract 34 de- scribed in deed from Texas & New Orleans R. R. Co. to Thornton-Shaffer, Inc., dated 12/19/41 and recorded in Book 1491, page 539, Deed Records of Tarrant County, Texas, said point being 100 feet west of west line of Sylvania Avenue; thence east along said line 100 feet to the west line of Sylvania Avenue; thence south along the west line of Sylvania Avenue 190 feet to the place of beginning, and containing 0.218 acre of land. A part of the B. F. Crowley Survey in the City of Fort {North, Tarrant County, Texas, as follows: Being 50 by 150 feet out of the southeast corner of a 3.056 acre tract conveyed by Thornton-Shaffer, Inc, to Shaffer- Billingsley, Inc., on Feb. 27, 1942, by deed recorded in Book 1500, page 64, Deed Records of Tarrant County, Texas: Beginning at the southeast corner of said 3.056 acre tract in the west line of Sylvania Avenue; thence west along the south line of said 3.056 acres 150 feet; thence north 50 feet; thence east 150 feet to west line of Sylvania Avenue; thence south 50 feet to the beginning. Lot 5 of Shaffer-Billingsley Subdivision of a part of the B. F. Crowley Survey in Fort Worth, Tarrant County, Texas. Lot 4 of Shaffer-Billingsley Subdivision of a part of the B. F. Crowley Survey in the City of Fort Worth, Tarrant County, Texas. Lot 3 of Shaffer-Billingsley Subdivision of a part of the B. F. Crowley Survey in the City of Fort Worth, Tarrant County, Texas. Lot 1, Block 1 of Nies & Rouse Addition to the City of Fort Worth, Tarrant County, Texas. North 50 feet of Lots 9 and 10, Block 8 of Nies & Rouse Addition to the City of Fort Worth, Tarrant County, Texas. Lots 10 and 11, Block 13 of Nies & Rouse Addition, Third Filing, to the City of Fort Worth, Tarrant County, Texas. That Texas Bitulithic Company 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 charge- able. (f) That it is necessary for the City of Fort Worth to ar- mnge with the contractor to pay for the assessments against the above listed property, said assessments being in the total amount of $5,087.69, in order to pave Sylvania Avenue within the limits defined. (g) That in order for the City of Fort Worth to secure the contractor in the payment of the assessment which would other- wise be chargeable against the above described property, it is necessary to authorize the purchase of the paving lien cer- tificates now, and to agree to pay therefor upon completion of the work and issuance of said certificates and to appropriate from the general paving Rind the sum of $5,087.69 to pay therefor. (h) That it is necessary to authorize the Mayer 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 the 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 proceed to complete said work in accordance with the plans and specifications of said contract. SECTION 2. That in pursuanbe of said ordinance duly enacted by said City Council authorizing and ordering improvement of the above described street within the limits hereinabove named and defined, and in pursuance of said pro- ceedings heretofore had and enacted by said City Council in reference to said improvements, and by virtue of the powers vested in said City with respect to said"street improvements by the laws of the State of Texas, with particular reference to Chapter 106 of the Act of the First-Called Session of the 40th Legislature of the State of Texas, known and shown as Article 1105b of Vernonts Annotated Civil Statutes of Texas, as amended and as adopted by Section 17, Article RXIII of the Charter of said City, the Mayor and the City Secretary of the City of Fort Worth, Texas, shall be, and hereby are, authorized and directed to purchase from Texas Bitulithic Company, upon completion of the work on Sylvania Avenue within the limits defined and issuance of the paving lien certificates, the certificates is- sued for paving abutting on the following tracts or parcels of property; A part of the B. F. Crowley Survey in the City of Fort Worth, Tarrant County, Texas: Beginning at a point where the north line of East Fourth Street intersects the west line of Sylvania Avenue; thence northwesterly 215 feet to a point in the south line of Tract 34 de- scribed in deed from Texas & New Orleans R. R. Co. to Thornton-Shaffer, Inc., dated 12/19/41 and recorded in Book 1491, page 539, Deed Records of Tarrant County, Texas, said point being 100 feet west of west line of Sylvania Avenue; thence east along said line 100 feet to the west line of Sylvania Avenue; thence south along the west line of Sylvania Avenue 190 feet to the place of beginning, and containing 0.218 acre of land. A part of the B. F. Crowley Survey in the City of Fort Worth, Tarrant County, Texas, as follows; Being 50 by 150 feet out of the southeast corner of a 3.056 acre tract conveyed by Thornton-Shaffer, Inc. to Shaffer- Billingsley, Inc., on Feb. 27, 1942, by deed recorded in Book 1500, page 64, Deed Records of Tarrant County, Texas: Beginning at the southeast corner of said 3.056 acre tract in the west line of Sylvania Avenue; thence west along the south line of said 3.056 acres 150 feet; thence north 50 feet; thence east 150 feet to west line of Sylvania Avenue; thence south 50 feet to the beginning. Lot 5 of Shaffer-Billingsley Subdivision of a part of the B. F. Crowley Survey in Fort Worth, Tarrant County, Texas. Lot 4 of Shaffer-Billingsley Subdivision of a part of the B. F. Crowley Survey in the City of Fort Worth, Tarrant County, Texas. Lot 3 of Shaffer-Billingsley Subdivision of a part of the B. F. Crowley Survey in the City of Fort Worth, Tarrant County, Texas. Lot 1, Block 1 of Nies & Rouse Addition to the City of Fort Worth, Tarrant County, Texas. North 50 feet of Lots 9 and 10, Block 8 of Nies & Rouse Addition to the City of Fort Worth, Tarrant County, Texas. Lots 10 and 11, Block 13 of Nies & Rouse Addition, Third Filing, to the City of port Worth, Tarrant County, Texas., and the sum of $5,087.69 is herewith appropriated from the General paving Fund of the City of port Worth to pay therefor, and the contractor, Texas Bitulithic Company, is herewith assured of payment and instructed to pave that portion of Sylvania Avenue from the northerly line of East 4th Street to the southerly line of East Belknap Street, known and designated as Unit No. 1. SECTION 3. This ordinance shall take effect and be in Hill force from and after its passage. F PASSED AND APPROVED this �L 8— day of June, 1950. May o the City of Fort Worth Texas ATTEST: a � Secretary 6PPROVED AS TO FORM: ,,