HomeMy WebLinkAboutOrdinance 2702 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AUTHORIZING
AND DIRECTING THE MAYOR OF THE CITY OF FORT WORTH,
TEXAS, TO PURCHASE A PAVING LIEN CERTIFICATE, UPON
ISSUANCE, FOR PAVING PERFORMED OR TO BE PERFORMED ON A
PORTION OF BALLINGER STREET FROM THE NORTHERLY LINE OF
WEST TENTH STREET TO THE SOUTHERLY LINE OF WEST SEVENTH
STREET, KNOWN AND DESIGNATED AS UNIT NO. I, FORT WORTH,
TARRANT COUNTY, TEXAS, AS PER CONTRACT ENA=E-D FEBRUARY
16, 1949, BETWEEN THE CITY OF FORS' WORTH AND GENERAL
CONSTRUCTION COMPANY; THE PURCHASE OF SAID CERTIFICATE
TO BE MADE WITH FUNDS FROM SERIES 74, STREET IMPROVE-
MENT BOND FUND; DETERMINING AND IDENTIFYING SAID CER-
TIFICATE TO BE PURCHASED; 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, herby finds
and determines:
(a) That the City Council of the City of Fort Worth hereto
fore, by ordinance duly enacted on November 21., 1948, deter-
mined the necessity for and ordered the improvement of a
portion of Ballinger Street from the northerly line of West
Tenth Street to the southerly line of West Seventh Street,
known and designated as Unit No. 1.
(b) That the City Council of the City of Fort Worth,Texas,
has heretofore by ordinance duly enacted, authorized and
executed a contract with General. Constriction Company for
the paving of that portion of Ballinger Street from the
northerly line of West Tenth Street to the southerly line
of West Seventh Street, known and designated as Unit No. 1,
said contract being dated February 16, 1949, and providing
that the contractor shall exercise his best efforts to see
that all of the assessments are regular, valid and enforce-
able, and that in case of homesteads, mechanic's lien con-
tracts 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 arW 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 therfor, then the improve-
ments 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 pro-
perty on Ballinger Street within the limits defined; deter-
mined the amount of said assessments; found and deter-
mined that each and every parcel of property abutting
upon said street within the limits defined would be
specially benefitted 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
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 accept-
ance of said work, and provided for the manner and method
of collecting said certificates and assessments.
(d) That a need for and necessity existed for the paving
of that portion of Ballinger Street from the norther]y
line of nest Tenth Street to the southerly line of West
Seventh Street known and designated as Unit No. I.
(e) That the following parcel of land abutting upon
Ballinger Street within the limits defined is a homestead;
south 205 feet of Lot 1, Block 25, Jennings hest Addition
in the City of Fort Worth, Tarrant County, Texas, said
tract sometimes beta described as the south 205 feet of
the west one-half (12) of Block 25 of Jennings West
Addition in the City of Fort Worth, Tarrant County, Texas;
that General Construction Company has exercised its beat
efforts to obtain a mechanic's lien contract from the
owner of said abutting property but has been unable to do
so, and that the owners of said property have not satis-
factorily secured the contractor in the payment of the
sums with which property would be chargeable.
(f) That it is and was necessary for the City of Fort
Worth to arrange with the contractor to pay for the
assessment against the above described property, said
assessment being in the total amount of One Thousand,
Nine Hundred Fifty-one and 10/100 Dollars 41,951.10), in
order to pave Ballinger Street 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 otherwise be chargeable against the above described
property, it is necessary to authorize the purchase of the
paving lien certificate now, and to agree to pay therefor
upon completion of the work and issuance of said certi-
ficate.
(h) That it is necessary to authorize the Mayor and the
City Secretary of the City of Fort Worth, Texas, to pur-
chase the paving lien certificate issued or to be issued
against the above described property upon completion of
the work and issuance of said certificate, to draw from
Series 74, Street Improvement Bond Fund, to pay therefor.
SECTION II.
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 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 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, Texas, shall
be, and hereby are, authorized and directed to purchase from General Con-
struction Company, upon completion of the work on Ballinger Street, with-
in the limits defined, and issuance of the paving lien certificate, the
certificate issued for paving abutting upon the following tract or parcel
of property: south 205 feet of Lot 1, Block 25, Jennings West Addition in
the City of Fort Worth, Tarrant County, Texas, said tract sometimes being
described as the south 205 feet of the west one-half (1/2) of Block 25 of
Jennings West Addition in the City of Fort Worth, Tarrant County, Texas;
and the sum of One Thousand, Nine Hundred Fifty-one and 10/100 Dollars
($1,951.10) herewith appropriated from Series 74, Street Improvement Bond
Fund, to pay therefor, and the Contractor, General Construction Company,
is herewith assured of payment.
SECTION III.
This ordinance shall take effect and be in full force from and
after its passing.
PASSED AND APPROVED, this 214_4.day of August, 1949.
Mayor of the City of Fort Worth,
Texas.
ATTEST:
City SeorstarT
APP VED AS 7r:
4.w G.
r±i+v A++ram--