HomeMy WebLinkAboutOrdinance 2438 J
ORDINANCE NO
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ORDINANCE REPEALING, ANNULLING AND RESCINDING ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING
FOR THE IMPROVEMENT OF A PORTION OF BIDECKER AVENUE,
is
BEING ORDINANCE NO. 2295, AND ALL OTHER PROCEEDINGS OF
THE CITY RELATING TO THE IMPROVEMENT OF SAID PORTION OF
�I SAID AVENUE AND CANCELLING CONTRACT ENTERED INTO BY AND
BETWEEN THE CITY OF FORT WORTH AND TEXAS BITULITHIC
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COMPANY FOR THE IMPROVEMENT OF SAID PORTION OF SAID
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AVENUE AND RELEASING THE PRINCIPAL AND SURETY ON BOTH
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THE CONSTRUCTION BOND AND MAINTENANCE BOND.
WHEREAS, on the 20th day of February, 1946, the City
j! Council adopted an ordinance, being ordinance No. 2295, by which
1 the City Council determined the necessity for and ordered and
provided for the improvement of a portion of Bidecker Avenue
in the City of Fort Worth, to wit:
I� BIDECKER AVENUE, from the west 'line of Vaughan
Boulevard to the west line of Thrall Street;
and,
WHEREAS, subsequent thereto advertisement giving notice
to bidders was given as required by law and the City charter;
and,
WHEREAS, subsequently it was found that Texas Bitulithic
Company was the lowest and best bidder for the making and con-
struction of such improvements; and,
WHEREAS, subsequently contract dated the 4th day of
September , 1946, was entered into by and between the City
lof Fort Worth and said Texas Bitulithic Company, by the terms
' of which said Texas Bitulithic Company obligated itself to
make and construct such improvements for the consideration and
subject to the other terms and conditions as set out in such
4 contract;and,
WHEREAS, at the time of the making of such contract Texas
j Bitulithic Company furnished to the City of Fort Worth a
construction bond in the amount of Lt 4,08.1.5 relating to t
' said contract as required by law and said Company also furnished
a maintenance bond in the amount of �,SS1� , both of said
bonds executed by Texas Bitulithic Company as Principal and by
as Surety; and,
WHEREAS, it is impracticable to proceed with said improve-
; ments on said portion of Bidecker Avenue in accordance with said
f proceedings and said contract; and,
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WHEREAS, said Texas Bitulithic Company has agreed to and
requested that said contract be cancelled and that said Company
and the Surety on said bondsbe released from any
and all further liability thereon; THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
I.
That it is impracticable to proceed with such improvements
on said portion of Bidecker Avenue as provided for in said
proceedings and contract above mentioned.
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� II.
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That said Ordinance loo. 2295 and all other proceedings
relating to such improvements on said portion of Bidecker
Avenue be, and they are hereby, cancelled, annulled and
rescinded.
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III.
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That said contract between the City of Fort Wirth and
Texas Bitulithic Company, dated the 4th day of aej�tember ,
1946, be, and the same is hereby, cancelled and annulled and
said Texas Bitulithic Company is hereby relieved of any and all
obligations thereunder.
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IV.
That the Principal and Surety on said construction bond
and on said maintenance bond above mentioned are hereby
released from any and all obligations thereunder.
V.
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That this ordinance shall take effect and be in force
from and after its adoption.
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APPROVED AS TO FORMt
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City Attorney.
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