HomeMy WebLinkAboutOrdinance 2694 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR,
AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY
OF FORT WORTH, TEXAS, TO PURCHASE SIX (6)
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 EIGHTH AVENUE,
FORT WORTH, TARRANT COUNTY, TEXAS, AS PER
CONTUCT DAMD, DECEMBER 81 1948 BETWEEN THE
CITY OF FORT WORTH AND BROWN & hOT, INC. ;
ASSUMING AND AGREEING TO PAY TO SAID CONTRACTOR
THE AMOUNT WHICH WOULD OTHERWISE BE ASSESSED
AGAINST SAID PROPERTY; APPROPRIATING THE SUM
&P,1SLz" OF FROM THE GENERAL PAVING FUND OF
THE CITY OF FORT WORTH, TEXAS, FOR THE PURCHASE
OF SAID CERTIFICATES; DETERMINING AND IDENTIFYING
SAID CERTIFICATES TO BE PURCHASED AND THE PIECES
OF PROPERTY AGAINST WHICH SAID CERTIFICATES WILL
BE ISSUED; DIRECTING THE CONTRACTOR TO PAVE
SAID STREET WITHIN THE LIMITS DEFINED; DECLARING AN
EMERGENCY, 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 Rosedaleatreet within the limits defined, said
contract being dated December 8th, 1948, and
,providing that the contractor shall exercise his
beat 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 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 improvg-
ments proposed to be and as assessed against said
properties; levied an assessment f-or 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 pol ion of Rosedale Street
from the Westerly line of outh 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:
OWNER PROPERTY DESCRIPT ON AMO)JIT��yOF
1�_4112L' M '+
J. D. Stewart Lots 31 and 32,
Block 6, Grandview
Addition 430.00
Mrs. Jessie Scott, Lot 43 of Southland
a widow Subdivision of Block
10, Field-Welch
Addition $ 430.00
William V. Scott Lot 64, being the North
1/2 of the Northeast 1/4
of Lot 8 of E.E. Chase
Subdivision of Block 13;
beingg a part of Original
Lot 8 of said Block,
described in deed recorded
in Vol. 17239 pg. 36 of
T.C.D. Records, Block 13
Field-Welch Addition 890.10
Mrs. D.R. Lyster, Lot 33 of E.E. Chase
Sr. Subdivision of Lot 81
Block 13 of Field-Welch
Addition, being a part
of the original Lot 8 in
said Block described in
deed recorded in Vol. 2044,
pg 265 of T.C.D. Records,
Block 13, Field-Welch
Addition 890.10 H. E. McQuaid Lot 16 Block 1 of
Seidel Subdivision,
Block 12, Field-Welch
Addition 860.00
W.Frank Hurns,et East 40 ft. of Lot 1 of Block 1 of
ux Ellen Pearl Seidel Subdivision,Blk. 12
Burns Field-Welch Addition $ 344.00
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.; 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 all.
of the paving lien certificates to be issued against the
ah9ve listed pr�,pert., mediate-.,, in order to r--event
a delay in the paving of said street between the Westerly
line of South Main Street and the Easterly line of
Eighth Avenue, Fort Worth, Tarrant County, Texas, save
qnd except the intersection of Hemphill Street, said
assessments against said property being in the total
amount of �: 3,8 44-Z o
(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, and that in order for the City
of fort Worth to secure the contractor in the payment
of the assessments which would otherwise be chargeable
against the property described in paragraph (e) 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 � tc pay therefor.
3,8 44.2.o
(h) TYat it is necessary :o authorize the Mayor and
the City Secretary of the City of Fort Worth, Texas,
to purchase the paving lien certificates to 6e issued
against the property described in paragraph (e) 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 pay-
ment 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
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 Charter of said City, the Mayor and the City Secretary
3•
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;
OWNER PROPERTY DESCRIPTION AMOUNT OF ASSESSMENT
J. D. Stewart Lots 31 and 32, Block 6,
Grandview Addition $ 1+30.00
Mrs. Jessie Scott, Lot 43 of Southland Subdivision
a widow of Block 10, Field-Welch Addition $ 430.00
William V. Scott Lot 64, being the North 1/2 of the
Northeast l/4 of Lot 8 of E.E. Chase
Subdivision of Block 13; being a
part of Original Lot 8 of said block,
described in deed recorded in Vol. 1723,
pg. 36 of T.C.D. Records, Block 13,
Field-Welch Addition 890.10
Mrs. D.K. Lyster, Lot 33 of E. E. Chase Subdivision
Sr. of Lot 89 Block 13 of Field-Welch
Addition, being a part of the original
Lot 8 in said Block described in
deed recorded in Vol. 2044, pg 265
of T.C.D. Records, Block 13, Field-
Welch Addition $ 890.10
H. E. McQuaid Lot 1$ Block 1 of Saidel Subdivision,
Block 12, Field-Welch Addition $ 860.00
W. Frank Hurns, et East 40 ft. of Lot 1 of Block 1 of
ux Ellen Pearl Seidel Subdivision, Block 12,
Burns Field-Welch Addition $ 344.00
all in Fort Worth, Tarrant County, Texas.
That the City of Fort Worth hereby assumes and agrees to
pay for the certificates to be issued against the above described
property in the amount hereinabove stated, said amount to be paid on
the transfer and assignment without recourse by the contractor to
said City of the certificates to be issued evidencing said assignments
levied against said owners and their property.
SECTION 3.
That the sum of $ T84.1_� being the total amount of said
3 $44.1v
assessments, is hereby appropriated from the General Paving Fund of
the City of Fort Worth to pay for said certificates.
SECTION 4.
That the fact that the above named street within the
limits defined is in need of immediate improvement creates a public
emergency and it is hereby determihed that an emergency exists
4.
requiring that this ordinance be finally passed on its first reading
on the date of its introduction, and becomes effective immediately
upon its passage. Be it therefore further ordained that any rule
or ordinance requiring several separate readings of this ordinance
be suspended and that it be finally passed on its first reading
on the date of its introduction, and that it become effective
immediately upon its passage.
PASSED and APPROVED this day of , 1949•
Mayor of the City of Fort Worth,
T E X A S
ATTEST:
City Secritary
ORDINANCE
xo. ,Z
Title
Date �� r
Day of
19 �
City Secretary
P. O.No.13697-R