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HomeMy WebLinkAboutOrdinance 2687 ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY FOR, AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF FORT WORTH, TEXAS, TO PURCHASE FIVE PAVING LIEN CERTIFICATES UPON ISSUANCE FOR PAVING TO BE PERFORMED UPON A PORTION OF ROSEDALE STREET FROM THE WESTERLY LINE OF SOUTH MAIN STREET TO THE EASTERLY LINE OF FIFTH AVENUE, FORT WORTH, TARRANT COUNTY, TEXAS, AS PER CONTRACT DATED DECEMBER 8th, 1948, BETWEEN THE CITY OF FORT WORTH AND BROWN & ROOT, INC. ; APPROPRIATING THE SUM OF $4,351.60 FROM THE GENERAL PAVING FUNDS OF THE CITY OF FORT WORTH, TEXAS, FOR THE PURCHASE OF SAID CERTIFICATES,;DETERMINING AND IDENTIFYING SAID CERTIFICATES TO BE PURCHASED; DIRECTING THE CONTRACTOR TO PAVE SAID STREET WITHIN THE LIMITS DEFINED; RECOGNIZING THAT THERE IS ADDITIONAL PROPERTY COVERED BY THE PAVING CONTRACT WHICH IS NOT SUBJECT TO ASSESSMENT AND FOR WHICH THE CONTRACTOR HAS NOT BEEN SATISFACTORILY SECURED FOR THE COST OF SAID PAVING WHICH WOULD ORDINARILY BE ASSESSED AGAINST SAID PROPERTY, AND OTHER RELATED MATTERS. 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 June 23, 1948, determined the necessity for and ordered the improvement of a portion of Rosedale Street from the Westerly line of South Main Street to the Easterly line of Eighth Avenue, 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 Rosedale Street within the limits defined, said contract being dated December 8th, 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, 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 wpuld 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 charge- able, 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 Rosedale 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 improve- 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 Rosedale Street from the Westerly line of South Main Street to the Easterly line of Eighth Avenue, Fort Worth, Tarrant County Texas, save and except the intersection of Hemphill Street. (e) That the following parcels of land abutting upon Rosedale Street within the limits defined are homesteads: A part of East j of Block 2; described in deed recorded in Vol. 1774 Pg. 295 of the T.C.D. Records, Field-Welch Addition; Lot 42 of Park Subdivision of Block 4, Field- Welch Addition; Lot 30 of Terrell Subdivision of Block 67 Field-Welch Addition; West 40-3 ft. of South 50 ft. of Lot 17 of McMillan Subdivision of W -j of Block 7, Field- Welch Addition; Lots 31 and 32, Block 6 Grandview Addition; Lots 29 and 30, Block 6, Grandview Addition; Lot 40 of Southland Subdivision of Block 10, Field- Welch Addition; Lot 43 of Southland Subdivision of Block 10, Field-Welch Addition; Lot 1, Block B of Glendale Subdivision of Block 17, Field-Welch Addition, less and except W 51 ft. ; Lot 14 Block B of Glendale Subdivision of Black 17, Field-Welch Addition; 90 ft. of Lot 10 of Stone Subdivision of East + of Block 169 Field-Welch Addition; Lot 64, being NJ of N.E. -j of Lot 8 of E. E. Chase Subdivision of Block 13, Field- Welch Addition; Lot 33 of E. E. Chase Subdivision of Lot 8, Block 13, Field-Welch Addition; Lot 16 of Block l of Seidel Subdivision of Block 12, Field-Welch Addition; and East 40 ft. of Lot 1, Block 1 of Seidel Subdivision of Block 12, Field Welch Addition. 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 arrange with the contractor to purchase certain of the paving lien certificates to be issued against the above listed property immediately in order to prevent a delay in the paving of said street between the Westerly line of South Main Street and the Easterly line of Fifth Avenue, Fort Worth, Tarrant County, Texas, save and except the intersection of Hemphill Street, said assessments against said property being in the total amount of $4,351.60. 2. (g) That the contractor has not been satisfactorily secured in the payment of the sums which would ordinarily be assessed against all of the property described in paragraph (e) above, however, at the present time, the City will only secure the contractor in the payment of the assessment which would otherwise be chargeable against the following described property: A part of East j of Block 2; described in deed recorded in Vol. 1774 pg. 295 of the T.C.D. Records, Field- Welch Addition; Lot 42 of Park Subdivision of Block 4, Field-Welch .Addition; Lot 30 of Terrell Subdivision of Block 6, Field-Welch Addition; Lot 1, Block B of Glendale Subdivision of Block 17, Field-Welch Addition, less and except W 5f ft. and Lot 14 Block B of Glendale Subdivision of Block 17, Field Welch Addition, all in Fort Worth, Tarrant County, Texas; The city recognizes that the contractor is still unsecured in the amount which would otherwise be chargeable against the balance of the property described in paragraph (e) above and that the contractor is not required to pave said street abutting such property until it has been secured in the payment of the sums which would otherwise be assessed against said property, and that nothing herein shall in any way limit the City of Fort Worth or the property owners or prevent them in the future from securing said contractor for said sums by the execution of mechanic's lien contracts by the property owners or by the City of Fort Worth agreeing to purchase the paving lien certificates to be issued against the balance of the property described in paragraph (e) above. (h) 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 property described in paragraph (g) above it is necessary to authorize the purchase of the paving lien certificates now and to pay therefor upon completion of the work and issuance of said certificates, and to appropriate from the General Paving Fund the sum of $4,351.660 to pay therefor. (i) That it is necessary to authorize the Mayor and the City Secretary of the City of Fort Worth, Texas, to purchase the paving lien certificates to be issued against the property described in paragraph (g) above, upon completion of the work and issuance of said certificates, and the Mayor and City Secretary be authorized to draw upon the General Paving Fund of the City of-Fort Worth to pay therefor and be authorized to direct the contractor to complete said work in accordance with the plans and specifications of said contract, and to assure said contractor of payment upon completion. SECTION 2. That in pursuance 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 proceedings heretofore had and enacted by said City Council in reference to said improvements, and by 3• c virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas, with parti- cular 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 Vernon's Annotated Civil Statutes of Texas, as amended and as adopted by Section 17, Article XXIII of the Chapter 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 Brown & Root, Inc. upon completion of the work on Rosedale Street within the limits defined, and issuance of the paving lien certificates, the certificates issued for paving abutting on the following tracts or parcels of property: A part of East J of Block 2; described in deed recorded in Vol. 1774 pg. 295 of the T.C.D. Records, Field- Welch Addition; Lot 42 of park Subdivision of Block 4, Field-Welch Addition; Lot 30 of Terrell Subdivision of Block 6, Field-Welch Addition; Lot 1, Block B of Glendale Subdivision of Block 17, Field-Welch Addition, less and except W 5j ft. and Lot 14 Block B of Glendale Subdivision of Block 17, Field-Welch Addition, all in Fort Worth, Tarrant County, Texas; The City of Fort Worth recognizes that the contractor is unsecured in the payment of the assessments which would ordinarily be chargeable against all of the property described in Section 1, paragraph (e) above, and nothing herein shall in any way prevent the property owners from securing the contractor in the sum which would otherwise be assessed against said property or in any way limit or prohibit the City of Fort Worth from subsequently securing the contractor for said sums by agreeing to purchase the paving lien certificates to be issued against the balance of the property described in Section 1, paragraph (e) above. This authorization being for the purpose of insuring the contractor for payment of sums which would ordinarily be assessed against the property described in Section 1, paragraph (g) above, which said property is located oh Rosedale Street between the Westerly line of South Main Street and the Easterly line of Fifth Avenue in Fort Worth, Tarrant County, Texas. 4. This authorization, and the acceptance of the benefits herein provided by the contractor, shall in no way affect, alter, change or otherwise impair the contract between the City of Fort Worth and Brown & Root, Inc. dated December 8, 1948, and nothing herein contained shall ever be construed so as to require said contractor to pave the street in front of the balance of said property described under Section 1, paragraph (e) above, until said contractor has been satisfactorily secured for the payment of all sums which would ordinarily be assessed against said property. This authorization shall not he affected in the event it is necessary to reassess, alter or otherwise change the assess- ment against said property, and the sum of $4,351.60 is herewith appropriated from the General Paving Fund of the City-of Fort Worth to pay therefor, and the contractor, Brown &Root, Inc. , is here- with assured of payment and instructed to pave that portion of Rosedale Street from the Westerly line of South Main Street to the Easterly line of Fifth Avenue, Fort Worth, Tarrant County, Texas, save and except the intersection of Hemphill Street. SECTION 3. This Ordinance shall take effect and be in full force from and after its passing. PASSED and APPROVED this day of , 1949. Mayor. of the City of Fort ATTEST: Worth, Texas. City Secretary ORDINANCE Date Filed Day of t Gin¢ City Secretary P. Q Na 18697-R