74

Fort Worth,Texas,Nov.14th,1905.

To the Honorable, the Mayor
and the City Council,
Fort Worth,Texas;

Your petitioner,W.J.Bailey,a citizen of the City of Fort Worth, in the
County of Tarrant,and the State of Texas,respectfully re represents:-

That,heretofore,to wit:- on the 4th day of August,1902,by his deed of
conveyance of that date,of record in Book 170,on Page 184,of the records
of deeds within and for the said County of Tarrant,your petitioner granted
and conveyed unto the City of Fort Worth,Lots Three (3) and Four (4),of
Block Three (3) of Jennings East or Avenue Addition to the said City of
Fort Worth,in the said County and State,and that said conveyance was made
in consideration,among other things as therein recited,of the agreement of
the said City that it would build,within twelve (12) months from the date
of the said deed,an eighteen (18) inch division wall,on the north side of
the said conveyed property. That the City of Fort Worth accepted said
deed,upon the consideration aforesaid,and agreed and bound itself to build
the said wall within the period stated,but that,notwithstanding its said
agreement,it has not performed the same,but neglected,failed and re-
fused and still neglects,fails and refuses to build the said wall and to
comply with the terms of its said contract.

That,after the expiration of the period specified in said deed,your pe-
titioner applied to the City Council of said City to have said contract
performed,and the said Council referred petitioner's application to one of
its comittees with instructions to ascertain the liability of the City
upon said contract,and that said committee reported back to the City
Council that the City was liable and bound for the erection of the said
wall,but that,notwithstanding this report and ascertainment of the Lia
liability of the City and notwithstanding petitioner's efforts,no action
has yet been taken for the carrying out by the said City of its part of
the said agreement. That the City has long been in possession of the
premises and property conveyed in and by the said deed,and has no legal

Fort Worth,Texas,Nov.14th,1905.

To the Honorable, the Mayor
and the City Council,
Fort Worth,Texas;

Your petitioner,W.J.Bailey,a citizen of the City of Fort Worth, in the
County of Tarrant,and the State of Texas,respectfully re represents:-

That,heretofore,to wit:- on the 4th day of August,1902,by his deed of
conveyance of that date,of record in Book 170,on Page 184,of the records
of deeds within and for the said County of Tarrant,your petitioner granted
and conveyed unto the City of Fort Worth,Lots Three (3) and Four (4),of
Block Three (3) of Jennings East or Avenue Addition to the said City of
Fort Worth,in the said County and State,and that said conveyance was made
in consideration,among other things as therein recited,of the agreement of
the said City that it would build,within twelve (12) months from the date
of the said deed,an eighteen (18) inch division wall,on the north side of
the said conveyed property. That the City of Fort Worth accepted said
deed,upon the consideration aforesaid,and agreed and bound itself to build
the said wall within the period stated,but that,notwithstanding its said
agreement,it has not performed the same,but neglected,failed and re-
fused and still neglects,fails and refuses to build the said wall and to
comply with the terms of its said contract.

That,after the expiration of the period specified in said deed,your pe-
titioner applied to the City Council of said City to have said contract
performed,and the said Council referred petitioner's application to one of
its comittees with instructions to ascertain the liability of the City
upon said contract,and that said committee reported back to the City
Council that the City was liable and bound for the erection of the said
wall,but that,notwithstanding this report and ascertainment of the Lia
liability of the City and notwithstanding petitioner's efforts,no action
has yet been taken for the carrying out by the said City of its part of
the said agreement. That the City has long been in possession of the
premises and property conveyed in and by the said deed,and has no legal