Loading...
HomeMy WebLinkAboutOrdinance 4401 a J ti ORDINANCE NO- LL4a4 AN ORDINANCE CANCELLING, ANNULLING AND MCINDING A PORTION OF THE CONTRACT" DATED THE 3TH DAY OF DEMMER, 1958, ENTERED INTO BY AND PXTWTEN THE CITY OF FORT WORTH, TEXAS, AND OENE?tAL CONSTRUCTION COMPANY, INSOFER. AND ONLY INSrrkR AS SAID CONTRACT RELAT35 TO THE CON, STRMTION OF IYYROVW.F:NTS ON CERTAIN PORTIONS OF WILLIE STMIPT, DESIGNATED AS UNIT NO. 1, MWAR STREEt. DFST0- NATED AS TWIT NO. 2 A" CALLAHAN STREET, DESIGNATED AS UNIT NO. 4. IN THE CITY OF PORT WORTH, TEXAS, CANCELLING ANNULLING ME) RESCMING THfr3r, PORTIONS OF ALL, ORMNA "- , AS SAME RELATE, TO, THE SAID FORTIMS OF THE HERRINAPOVE STREETS, D&SIGNATVT) AS UNIT NOS. 1, 2 AND 4, RELEASING THE SPECIAL ASSESSYM, LIENS HVRETOVORE CREATED ON AND A0AINST THE RESPECTIV@: PARCELS OF PROPERTY •HICS ABUT ON SAID PORTIONS OF THE' HZR:F.I'.4APOVF: STR��"F, S, DESIGNATED AS UNIT NOS. L, 2 AND 4, DIRECTING THE CITY SECRETARY TO FILE A COPY OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS, FOR RECORDING IN THE DEED OF TRUST RECORDS OF SAID COUNTY, AND DIRECTING THE CITY SECRF?ARY TO FNOROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTIONS OF T'R:E SAME IN TUT MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE WITH THE ORDINANCE RECORDS OF THIS CITY. WHEREAS, by contract dated the gth day of December, 1958, by and between the City of Fort Worth, Texas and General Construction Company, it was stipulated that certain specified street improvements were to be oonstruc- ted on, among others, the following described portions of the hereinabove streets, to-witt Allis, Streets From the easterly line of Amanda Street to the westerly line of Vincennes Street, known and designated as Unit No. 1{ Dunbar Streets From the easterly line of Amanda Street to the westerly line of Vincennes Street, known and designated as Unit No. 2; Callahan Street% From the easterly line of Amanda Street to the westerly line of Lena Street, known and designated as Unit No. 41 'AMEREAS, certain notices of assessment. dated the 24th day of October, 1958. was filed with the County Clerk of Tarrant County, Texas, same being duly recorded in Volume 1429, pages 369, 391 and 392 of the Deed of Trust Records of said County, which notice was to the effect that the Governing Body of the City of Fort Worth, Texas, has ordered and determined it to be necessary that the hereinabove described portions of Willie, Dunbar and Callahan Streets was to be improved and that a portion of the cost of such improvements was to be speoially assessed as a lien upon, the respective parcels of property abutting thereon, and. WHEREAS, after sundry proceedings were taken and had by the City Council of the City of Fort Worth, Texas, including a hearing given to the owners of property abutting on, among others, the hersinabove described portions of Willie, Dunbar and Callahan Streets, dertain assessments were levied and fixed against the respective parcels of property abutting on the above described portions of Willie. Dunbar and Callahan Streets{ and. 4"HEREAS, the City Council of the City of Fort Worth, Texas, has now determined that it is not practical to proceed with the oonstruotion of the im- provements heretofore ordered constructed on the above described portions of Willie, Dunbar and Callahan Streets and that such improvements should be aban- donedy and, WHPREAS, General Construction Company has consented to the cancellation of its contract insofar as, but only insofar as, said contract relates to the construction of the improvements on the above described por- tions of Willie, Dunbar and Callahan Streets. all as is more particularly evidenced by the written consent of General Construction Company found at the bottom of thin ordinance, acting by and through its duly authorised officers and agents; THMEFORE BE IT ORDAINM BY THE CITY COUNCIL OF THE CITY OF FORT WORTH. TF,SAS, THAT: I. The eontraot hereinabove mentioned insofar as:. but only insofar as, said contract relates to the making and construction of street improve.. ments on the hereinabove described portions of Willie, Dunbar and Callahan Streets be, and it is hereby, cancelled, annulled and rescinded. but said contract, insofar as it relates to the construction of improvements on all portions of streets and public places other than the portions of Willie, Dunbar and Callahan Streets hereinabove specifically described. be, and the same is hereby ratified, approved, confirmed and declared to be in full force and offset. II. General Construction Company be, and is hereby, relieved from any and all obligations heretofore imposed upon and undertaken by it for the con- struotion of street improvements on the portions of Willie, Dunbar and Callahan Streets hereinabove specifically described. III. All ordinances, resolutions and other proceedings of every kind and character whatsoever, insofar as, but only insofar as, they relate to the con- etruotion of improvements on the portions of Willie, Dunbar and Callahan Streets hereinabove specifically described be, and the same are hereby, can- celled, annulled and rescinded, but each and all of said ordinances, resolu- tions and other proceedings heretofore passed which relate to the construction of improvements on sundry portions of streets and public places other than the hereinabove described portions of Willie. Dunbar and Callahan Streets, be, and the same are hereby, ratified, approved. confirmed and declared to be in full force and effect. IV. The special assessment liens on and against those respective par- cels of property which abut on the portions of Millie, Dunbar and Callahan Streets hereinabove described and which were and have been created by sundry proceedings passed by the City Council of the City of Fort Worth, Texas, are, and shall be, of no further force and effect and by the authority vested in the City Council of the City of Fort Worth, Texas, the assessments and liens levied against those respective parcels of property which abut upon the portions of Millie, Dunbar and Callahan Streets hereinabove specifically des- cribed be, and the same are hereby cancelled and said parcels of property abutt- ing on said portions of Willie, Dunbar and Callahan Streets hereinabove spoei- fioally described are hereby released from such assessment liens. V. The liens created and the assessments levied against the abutting properties and the openers thereof for a portion of the cost of improving all streets and public places other than the portions of Willie, Dunbar and Callahan Streets hereinabove specifically described. shall remain in full force and effect and all ordinances, resolutions and sundry proceedings re- lating thereto which created and evidenced said assessments and liens against parcels of property abutting on any portion of street or public place other than the portions of Willie. Dunbar and Callahan Streets hereinabove specifically described be, and the same shall remain in full force and effect and are hereby ratified, approved and confirmed. . t VI, The City Saoretary is hereby directed to cause a copy of this ordinance to be filed with the County Clerk of Tarrant County, Texas, in the Dead of Trust Records of said County. VIZ. The City Sa©retary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Hook of the City Council and by filing the oiete ordinance with the Ordinance Records of this City. VIII. This ordinance shall take effect and be in full force and effect from and after the date of its passage. IN MTTMONY )HMEOF, the City of Fort Worth has *&.used this instruxent to be executed in its behalf and signed by its Mayor, this day at „A,n., 1960. CITY OF 'FORT ',IORT9 now ATTESTt RIM ty THE STATE OF TFXAS COUNTY OF TARRANT Before me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared . r of the City of Fort North, Texas, a municipal corporation, known to as to be the person whose name is subscribed to the fors.,. going instrument and a*kncwl*dgsd to me that he executed the same for the pur- poses and consideration therein expressed, as the act and deed of said City and in the capacity therein stated. GIVY UNDER MY HAND AND SEAL OF 'I rMCE, 'This„ �_„d&y lam, lfa+tary � ic, ltr!`tY#t a�sity, exact. APPROV0 AS TO FRY, AND LEG&LIM ':O#SkW' 7 D TOs QFNERAL CORSTRUCTIOB COMPANY City Attornny DoR'!'� /�✓ r �' /96d