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HomeMy WebLinkAboutOrdinance 4417 ORDINANCE NO. 4L 4291 CFFI"�'�L RECORD r r7'-1 �311 AN ORDINANCE CANCELLING, ANNULLING AND S SCINDING A FT. i� �,i, PORTION OF THE CONTRACT DATED THE o7Y } DAY OF 0G7_0,6eR , 1958, ENTERED INTO BY AND BETWEEN THE CITY OF FORT WORTH, TEXAS AND TEXAS BITULITHIC COMPANY, IN SO FAR AND ONLY IN SO FAR AS SAID CONTRACT RELATES TO THE CONSTRUCTION OF IMPROVEMENTS ON A CERTAIN PORTION OF POINSETTIA DRIVE, DESIGNATED AS UNIT NO. 3, IN THE CITY OF FORT WORTH, TEXAS, CANCELLING, ANNULLING AND RESCINDING THOSE PORTIONS OF ALL ORDINANCES, RESOLUTIONS AND PROCEEDINGS WHICH RELATE TO, BUT ONLY IN SO FAR AS SAME RELATE TO, THE SAID PORTION OF POINSETTIA DRIVE, DESIGNATED AS UNIT NO. 3, RELEASING THE SPECIAL ASSESSMENT LIENS HERETOFORE CREATED ON AND AGAINST THE RESPECTIVE PARCELS OF PROPERTY WHICH ABUT ON SAID PORTION OF POINSETTIR DRIVE, DESIGNATED AS UNIT NO. 3, 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 SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF THE SAME IN THE MINUTE BOOK OF THIS CITY AND BY FILING THE COMPLETE ORDINANCE WITH THE ORDINANCE RECORDS OF THIS CITY. WHEREAS, by contract dated the o?4ZP day of DeiTOQER , 195f, by and between the City of Fort Worth, Te xas and Texas Bitulithic Company, it was stipulated that certain specified street improvements were to be constructed on, among others, the following described portion of Poinsettia Drive, to wit: POINSETTIA DRIVE: from the Easterly line of Palmetto Drive to the Westerly line of Isbell Road, known and designated as Unit No. 3; and, th WHEREAS, a certain notice of assessment, dated the day of 19.,:4�- , was filed with the County Clerk of Tarrant County, Te xas, same being duly recorded in Volume / /f, page 611 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 portion of Poinsettia Drive was to be improved and that a portion of the cost of such improvements was to be specially 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 hereinabove described portion of Poinsettia Drive, certain assessments were levied and fixed against the respective parcels of property abutting on the above described portion of Poinsettia Drive; and, WHEREAS, the City Council of the City of Fort Worth, Texas has now determined that it is not practical to proceed with the construction of the im provements heretofore ordered constructed on the above described portion of Poinsettia Drive and that such improvements should be abandoned; and, WHEREAS, Texas Bitulithic Company has consented to the cancellation of its contract in so far as, but only in so far as, said contract relates to the construction of the improvements on the above described portion of Poinsettia Drive, all as is more particularly evidenced by the written consent of Texas Bitulithic Company found at the bottom of this ordinance, acting by and through its duly authorized officers and agents; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. The contract hereinabove mentioned in so far as, but only in so far as, said contract relates to the making and construction of street improvements on the hereinabove described portion of Poinsettia Drive be, and it is hereby, cancelled, annulled and rescinded, but said contract, in so far as it relates to the con- struction of improvements on all portions of streets and public places other than the portion of Poinsettia Drive hereinabove specifically described, be, and the same is hereby, ratified, approved, confirmed and declared to be in full force and effect. II. Texas Bitulithic Company be, and is hereby, relieved from any and all obligations heretofore imposed upon and under- taken by it for the construction of street improvements on the portion of Poinsettia Drive hereinabove specifically described. III. All ordinances, resolutions and other proceedings of every kind and character whatsoever, in so far as, but only in so far as, they relate to the construction of improvements on the portion of Poinsettia Drive hereinabove specifically des- cribed be, and the same are hereby, cancelled, annulled and rescinded, but each and all of said ordinances, resolutions and other proceedings heretofore passed which relate to the con- struction of improvements on sundry portions of streets and public places other than the hereinabove described portion of Poinsettia Drive be, and the same are hereby, ratified, approved, confirmed and declared to be in full force and effect. IV. The special assessment lions on and against those res- pective parcels of property which abut on the portion of Poinsettia Drive 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 portion of Poinsettia Drive hereinabove specifically described be, and the same are hereby, cancelled and said parcels of property abutting on said portion of Poinsettia Drive hereinabove specifically described are hereby released from such assessment liens. - 2 - V. The liens created and the assessments levied against the abutting properties and the owners thereof for a portion of the cost of improving all streets and public places other than the portion of Poinsettia Drive hereinabove specifically described, shall remain in full force and effect and all ordinances, res- olutions and sundry proceedings relating 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. portion of Poinsettia Drive hereinabove specifically described be, and the same shall remain in full force and effect and are hereby ratified, approved and confirmed. VI. The City Secretary is hereby directed to cause a copy of this ordinance to be filed with the County Clerk of Tarrant County, Texas in the Deed of Trust Records of said County. VII. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of this City and by filing the complete 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 TESTIMONY WHEREOF, the City of Fort Worth, Texas has caused this instrument to be executed in its behalf and signed by its Mayor, this f day of A. D., 1960. CITY OF FORT WORTH, TEXAS �f BX=-� l Mayor ' �y,•��retary 3 - THE STATE OF TEXAS X X COUNTY OF TARRANT j Before me, the undersigned, a Notary Public in and for the State and County aforesaid, on this day personally appeared Thomas A. McCann, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged tome th4t he executed the same as the act and deed of the City of F©3r'- Worth, a municipal corporation of Tarrant County, Texas, and 'PA4-0?6 Mayor thereof, and for the purposes and consideration q. t ein expressed. �p AJIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 4 ?; --, daj © !�Q e 1960. •�,Gam!;:;, �f'• LANELL FRIESEN, Notary Public hgant Quak imas Notary Public, Tarrant County, Texas. APPROVED AS TO FORM AND LEGALITY: r r City Attorney CONSENTED TO: TEXAS BITULITHIC COMPANY BY V*ee President. - 4 -