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HomeMy WebLinkAboutOrdinance 2621 0 P Y 011DINANCE NO 2621 AN ORDINANUy BETEAMINING THE NNGESSI.11 TOR AUTHOR- IZING AND DIHMCTING THN MAYOR OF ` AE CITY OF FORT WORTH, TWOS, TO PURCHASE 21 PAVING LIEN unIni)Ans, UPgffa ISSUANCE, FOR PAVING TO BE PERF'OMIED ON A PORTION 01' GAIABRE,L STBE TI! FROM `i & EASTEP1Y LINE OF JAMES STREET KNOWN AND DN3IGNATED AS UNIT 'NO. 2, FORT WORTH, TARR1RT COUNTY, 'vExAS, AS pzx CONTRACT EXECUTED JULY 23, 1947, BETWEMN THE CITY OF PORT WORTH AND BROWN & ROOT, INC. ; APPROPRIATING TRE SUIS OF $4,970.87 FROM THE GENERAL PAVING FUKDS 'OP THE CITY 07 FORT WORM TEXAS, yOR TRE PURCHASE OF SAID Gi+aRTIFICAUS: DXTERNINING AND IIENTIFYING SAID GZATIF'ICA'1%S TO BE PURCHASED: DIF5C'rING THE COYTRACTOR TO PA <, UNIT :Z CSF' OAMBJ�ELL STREET# AND OTHER RELATh:D UA1T12S. BE IT ORDAINT1aD BY THE CITY COUNCIL OF THT CIrij .OF FORT 'MORTH, TEXAS, SECTION 1. The City icotmoil of the City of Fort Worth, Texas, hereby finds and determines (a.) That the City` Council of the City of ?ort Worth has heretofore, by ordinance duly enacted on July 10, 1946, determined the necessity for andorderedthe improvement of a. portion of Gambrell Street from the Etzeterly line of James Street to the westerly line of South Adams Street known and designated as Unit No. 2. (b) That the City Council of the City ,of Fort Worth. Texast. has heretofore, by ordinances duly enacted, authorized and executed a contract with Brown & Rost, I,pa. for the paving of that portion of Gambrell Street from the easterly line of .James Street to the westerly line of Mouth Adams Street known and designated as Unit No. 2, said contract being dated July 23, 1947, 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, mechanicle lien contracts are executed by the abutting property owners, if at tall,possible. That the contractor shall not be oompelled to construct said improvements in that portinxt*of the street immediately abutting any property ageinst 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 fpr 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; sum with which such property, would be chargeable or if the city shall, itself, arrange with the contractor to pay therefor, them the improvements shall be constructed in such portions of the street., {c) That the City Council of the City of Fort forth, Texas., has heretofore, by: ordinancoa duly enacted, determined the tbeessity for levying assessments upon the abutting property on Gambrell 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 cast 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 comvietion 'and acceptance of said work,, ` and provided for the manneran, method of collecting Bald certificates and assessments. (d) That a need for and necessity still exists for the paving of that portion of Gambrell Street from the Bast line of .Tames Street to the West Line of South Adams Street, known and desig- nated as Unit Na. 2. (e) That the following parcels of land abutting upon Gambrell Street rdthin the limits defined are homestiadss Lots 12, 14, 15, 16 and 20, in Block 8, Hubbard Highlands Addition; Lots 22 , 2;3 and 24 in Block 9, Lots 13, the east 46* fust of Lot 14. Lots 199 20, 21, idd 22 in Block 10, Lot 13 in Block 12, Lots 2, 3 and 4, in Block 14, Lots 3, 4 and 5 in Block 15, all in Hubbard Highlands Addition, City of Fort North, Texas; That Brown & boot, Inc. has exercisedits beet efforts to obtain mechanic's lien contracts from said abutting property orners 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 chargea.bl e. (f) That it is necessary for the City of Fort Worth to a,rracnip with the contractor to pay for the assessments against the above listed property said assessments being in the total amount of $4.970.87. in order to pave Gambrell Street within the. limits defined. (g) That in order for the City of Fort North 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 certifi- cates now, and to agrees to pay therefor upon completion of the work and issuance of said certificates and to appropriate from the general paving fund the sum of $4,970.87 to pay therefor. (h) That it is necessary to authorize the MgWor 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 North to pay therefor, and to dir�.ct the contractor to proceed to complete said work in accordance with the plans and specifications of said contract, 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 th el laws of the State of Texas, with particular reference to Cha-peer 106 of the Actp,of The First Called Session of the 40th Legislature of the, State tee of rexaes. known and shown as Article 1105b of Vernon's Annotated Civil Statutes of Texas, as amended and as adopted by Section 17, Article XXI11 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 oral directed to purchase from Brown & Rood, Ino,., upon completion of the work on Gambrell Street, within the limits derided, and issuance of the pawing lien certificates, the certificates f. issued for paving abutting on the following tracts or parcels of properiyi Lots 12, 14, 15, 16 and 20, .in Block 8, Hubbard Highly-ads Addition; Lots 22, 23 and 24 in Block 9, Lots 13, the east 461 feet of lot 14. Lots 19, 20, 21 and 22 in 23-oak 10, Inst 13 In Block 12, lots 2, 3 and 4 in Block 14, Lots 3, 4 and 5 in Block 15, all. in Hubbard Highlands Addition, City of Fort Porth, Texas, and the earn of $4,970.87 is herewith appropriated from the General Paving Fund of the City of Fort 'forth to gray therefor and the contractor, Brown & Root. Inc. is herewith assured of payment and. instructed to pave that portion of Gsmbrell Street from the East line of Janes Street to the best line of South Adams Street known and designated as Unit No. 2. SECTION III. This Ordinance shall take effect and be in fall force from and after its passing. PASSED .AND APPROVE, this 2Pnd da of Decembcr, 1948. /s/ F. E. Leen W.YDR OF Tmil CITY OF FORT TIQR'M TMr.AS ATTEST E. S. Birdsong APPRQVD',�AS TO VOILA: ' � /s// Rr. E. Rower City Attorney i