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HomeMy WebLinkAboutOrdinance 3174 ORDINANCE NO. 3 ,; ORDINANCE CANCELLING, ANNULLING AND RESCINDING CONTRACT WITH TEXAS BITULITHIC COMPANY FOR THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS ON PORTIONS OF TILLAR STREET IN THE CITY OF FORT WORTH, TEXAS, CANCELLING, ANNULLING AND RESCINDING ALL ORDINANCES, RESOLUTIONS AND PROCEED- INGS RELATING TO THE IMPROVEMENT OF SAID PORTIONS OF SAID STREET, AND RELEASING THE RESPECTIVE PARCELS OF PROPERTY ABUTTING ON SAID PORTIONS OF SAID STREET FROM THE SPECIAL ASSESSMENT LIENS HERETOFORE CREATED ON AND AGAINST SAID PROPERTIES AND AGAINST THE OWNERS THEREOF. WHEREAS, by Ordinance No. 3077 adopted by the City Council of the City of Fort Worth, Texas, on May 6, 1953, it was determined that the hereinafter described portions of Tillar Street in said city be improved, and that the City Secretary prepare and file a notice of enactment of said ordinance with the County Clerk of Tarrant County, Texas, and WHEREAS, said notice was prepared and filed with the County Clerk of Tarrant County, Texas, and was duly recorded on June 29, 1953, in volume 1020, page 490, of the deed of trust records of said county, and said notice is to the effect that a portion of the cost of the improvements to be constructed is to be specially assessed as a lien upon the property abutting on the hereinafter described portions of Tillar Street in the City of Fort Worth, Texas, and WHEREAS, by Ordinance No. 3090 adopted by the City Council of the City of Fort Worth, Texas, on June 17, 1953, contract for the making and construction of the improvements on the hereinafter described portions of Tillar Street in said city was awarded Texas Bitulithic Company and was duly executed by the said Texas Bitulithic Company and the City of Fort Worth, Texas, acting by and through its Mayor and City Secretary, and WHEREAS, the City Council of the City of Fort Worth, Texas, is of the opinion that the hereinabove mentioned improve- ments ordered constructed on the hereinafter described portions of Tillar Street should be abandoned; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. Texas Bitulithic Company having consented to the aban- donment of the improvements heretofore ordered constructed on the hereinafter described portions of Tillar Street in the City of Fort Worth, Texas, it is hereby found and determined that it is not practical to proceed with the improvements as heretofore provided for and that the construction of said improvements on the hereinafter described portions of Tillar Street should be abandoned and said improvements be and are hereby abandoned. II. The contract with Texas Bitulithic Company for the making and construction of the improvements heretofore ordered on the hereinafter described portions of Tillar Street be and the same is hereby cancelled, and Texas Bitulithic Company be and is hereby relieved from any and all obligations imposed upon it by said contract. III. All ordinances, resolutions and other proceedings of any and every kind and character whatsoever relating to the construction of improvements on each of those portions of Tillar Street hereinafter described, be and are hereby cancelled, annulled and rescinded. IV. The special assessment liens created on and against the respective parcels of property which abut on those portions of Tillar Street hereinafter described, created by virtue of sundry proceedings passed by the City Council of the City of Fort Worth, Texas, and evidenced by the notice of assessment recorded in volume 1020, page 490, of the deed of trust records of Tarrant County, Texas, be and the same are hereby cancelled, annulled and rescinded and the respective parcels of property abutting on said portions of said street are hereby released from said special assessment liens, which said respective parcels of pro- perty abut on the following described portions of Tillar Street, to-wit: On TILLAR STREET, from the westerly line of Ruper Street to the westerly line of Foch Street, known and desig- nated as Unit No. 1. On TILLAR STREET, from the westerly line of Foch Street to the westerly line of Wimberly Street, known and designated a as Unit No. 2. On TILLAR STREET, from the westerly line of Wimberly Street to the easterly line of University Drive, known and designated as Unit No. 3. V. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ity Attorney -2- THE STATE OF TEXAS COUNTY OF TARRANT WHEREAS, a notice of assessment was filed with the County Clerk of Tarrant County, Texas, and was duly recorded on June 29, 1953, in volume 1020, page 490, of the deed of trust records of said county to the effect that a portion of the cost of improvements to be constructed on the hereinafter described portions of Tillar Street in the City of Fort Worth, Texas, was to be specially assessed as a lien against respec- tive parcels of property abutting on the hereinafter described portions of Tillar Street, and WHEREAS, the City Council of the City of Fort Worth, Texas, by Ordinance No./ §�J 7� adopted on /f day of , 1954, abandoned the improvements theretofore ordered on the hereinafter described portions of Tillar Street in said city and cancelled, annulled and rescinded all special assessments on those parcels of property which abut on those portions of Tillar Street hereinafter described and released said parcels of property from said special assessment liens; THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consid- eration of the sum of $1.b0 and other valuable considerations, the receipt and sufficiently of which are hereby acknowledged, the City of Fort Worth, Texas, acting by and through its Mayor and its City Secretary and Texas Bitulithic Company, a corpora- tion of Dallas, Texas, acting by and through its duly authorized officers, have fully and completely released and discharged and do hereby fully and completely release and discharge from the lien of special assessment heretofore created and evidenced by the notice of assessment hereinabove mentioned the respective parcels of property which abut on the following described por- tions of Tillar Street in the City of Fort Worth, Tarrant County, Texas, to-wit: 1 On TILLAR STREET, from the westerly line of Rupert Street to the westerly line of Foch Street, known and designated as Unit No. 1. On TILLAR STREET, from the westerly line of Foch Street to the westerly line of Wimberly Street, known and designated as Unit No. 2. On TILLAR STREET, from the westerly line of Wimberly Street to the easterly line of University Drive, known and designated as Unit No. 3. IN WITNESS WHEREOF, the parties hereto have executed this instrument this /o day of , 1954. CITY OF FORT WORTH, TEXAS ATTEST: By Mayor �t ecre ry f TEXAS BITULITHIC COMPANY ATTES`' - By W. A. Pre si"denli Secretary THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared W. H. COURSON, President of Texas Bitulithic Company, known to me to be the person and officer whose name is subscribed to the fore- going instrument and acknowledged to me that the same was the act of the said Texas Bitulithic Company, a corporation, and that he executed the same as the act- of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this theo�= day of �� 1954. a b c in and or Dallas County, Texas -2- d THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared �Q �_L , Mayor of the City of Fort Worth, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Fort Worth, a municipal corporation, and that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this/ =—day 24 of 1954. --F-0tbry//JPub11c in and for TarriEnt County, Texas. -3- 40 ua vM • MEd= ME �® + wi us mm a� Er era W WE m ©®; ,�■® t. lt�t�it • . Igloo oQ � I��I��I��iili i�iii o► w 4 . O F. EDGAR DEEN. MAYOR COUNCILMEN COUNCILMEN T. L.CARLETON M. M.MCKNIGH7 JOE B.ELLIS MRS.JOE SPURLOCK EDD KANE 'W0MTJ JESS F. TAR LTON THOMAS A. MCCANN J. D. "BUDDIE"THOMPSON W O.JONES.CITY MANAGER PUBLIC WORKS DEPARTMENT C. M. THELIN, DIRECTOR March 8, 1954 9 1954 - t r 4Ar Adr.• f Mr. W. 0. Jones Re: Tillar Street Paving. 17 City Manager Abandonment of Building Dear Sir: We are transmitting herewith an ordinance abandoning the paving of Tillar Street and releasing Texas Bitulithic Company from their contract and obligations to pave the street. The City Council in session October 7, 1953, cancelled the pro- posed paving of Tillar Street, and the Texas Bitulithic Company requests that this ordinance be passed in order to officially relieve them of any obligations in connection therewith. We have gone over the matter with the construction company and recommend that the ordinance be passed officially abandoning the project. Yours very truly C. M. THELIN PUBLIC WORKS DIRECTCR ICD:hls Attach. cc - Mr. R. E. Rouer, City Attorney 7W ls*rco lop e C N* 3ftr akrt Tto City %mdl in mot= 109 19 ,,p c ad Ord'mwmm Ita, 3174 som"ing omtm&t mith T r J MELVIN "MEL" FAULK COUNTY CLERK FORT WORTH, TEXAS TABBANT COUNTY DOUBT HOUSE April 21, 1954 E. S. Birdsong, City Secretary City Hall, 1000 Throckmorton Ft. Worth, Texas Dear Mr. Birdsong: We return herewith original instrument #19109, filed April 6, 1954. This is a release, pity of Fort Worth to Various Owners. We return this instrument for your files and records. le v y trul , r MF:rg n " 1" Faulky C erk, Tarrant County