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HomeMy WebLinkAboutOrdinance 2668 ORDINANCE N0. 2-(i� AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS ABANDONING THE PAVING OF FAST CANNON STREET FROM THE EASTERLY LINE OF THE I&W RAILROAD TO THE WESTERLY LINE OF EXETER STREET, KNOWN AND DESIGNATED IN THE CONTRACT WITH WORTH CONSTRUCT TION COMPANY, DATED DECEMBER 22, 1948, AS FAST CANNON STREET: RELEASING WCRTH CONSTRUCTION CO. FROM SAID CONTRACT AND THE OBLIGATION TO PAVE SAID STREET AND EXEUP'lTNG THEM FROM ALL LIABILITY 3EREMER, 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 Borth, Texas, hereby finds and determines: (a) That the City Council of the City of Fort Worth has here- tofore, by ordinance duly enacted on March 31, 1948, deter- mined the necessity for and ordered the improvement of a portion of East Cannon Street from the Easterly line of the I&W Railroad to the Westerly line of Exeter Street, Down and designated as East Cannon Street. (b) That the City Council of the City of Fort Worth, Texas, has heretofore, by ordinances duly enacted, authorized and exe- cuted a contract with Worth Construction Company for the paving of that portion of East Cannon Street within the limits defined, said contracts being dated December 22, 1946, and providing that the contractor shall exercise his beat efforts to see that all of the assessments are legal, valid, and en- forceable, 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 street immediately abutting such property and for which said property would otherwise be chargeable, provided that if the owner 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 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 East Cannon Street within the limits defined, and determined the amount of said assessments. (d) That a large portion of the property abutting on East Cannon Street within the limits defined is homestead property, and a valid charge and lien cannot be levied against said property. (a) That Worth Construction Company 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 neither the owners of said property nor the City of Fort Worth has satisfactorily secured the contractor in the payment of the sums with which such property would be chargeable. (f) That the contract between the City of Fort Worth and Worth Construction Company cannot be performed due to the failure of the property owners and the City of Fort Worth to satis- factorily secure the contractor in the payment of the sums with which such abutting property would be chargeable. (g) That the contract between the City of Fort Worth and Worth Construction Company, the contractor, should be abandoned insofar as the improvements on East Cannon Street within the limits defined are concerned, and the contractor re- lieved of all further obligation thereunder and relieved of all liability in connection therewith, and that the contractor's bond should be returned and said contract held for naught insofar as it affects East Cannon Street within the limits defined. (h) That it is necessary to authorize the Mayor of the City of Fort Worth and the City Secretary of the City of Fbrt Worth to abandon the improvements on East Cannon Street within the limits defined, and to cancel the contract with the contractor insofar as said contract affects East Cannon Street within the limits defined, and to release the contractor from all liability, return the contractor's bond and other security furnished with its bid insofar as it affects East Cannon Street within the limits defined. SECTION II. That in pursuance of said ordinances duly enacted authorizing and ordering the improvements of the above described street within the limits hereinabove named and defined, and in pursuance of said proceedings hereto- fore had and enacted by said City Council in reference to said improvements, and in pursuance of the terms of the contract between the City of Fort Worth and contractor dated December 22, 1948, and by virtue of the powers vested in said city with respect to said street improvements by the lass 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 XiLLiI of the charter of said City, the Mayor and City Secretary of the City of Fort Worth shall be, and hereby are, authorized and directed to abandon the improvements on East Cannon Street from the Easterly line of the I&CN Railroad to the Westerly line of Exeter Street, ]mown and designated as East Cannon Street, and to re- lease Worth Construction Company from the performance of their contract inso- far as the improvements on East Cannon Street within the limits defined are concerned, sad to release said contractor from all liability for failure of performance of said contract, to return the contractor's bond and all security furnished with the Contractor's bid insofar as it was furnished in connection with the bid on East Cannon Street, and to execute any and all instruments necessary to effectuate a full, complete, and final release of contractor from any and all obligation under the contract between the City of Fort Worth and Worth Construction Company dated December 22, 1948, insofar as said contract affects East Cannon Street within the limits defined. SECTION III. This ordinance shall take effect and be in full force and effect from and after its passing. PASSED and APPROVED this day of , 1949. MAYOR OF TEE CITY OF FORT VIHRTS ATTEST: T E % A S CITY SECRETW AFFROVED AS TO FORE: CITY ATTORNEY ! No. - c l Date Filecl - Day of � —it retary P. O.NO.I3®87-