Ord 1601 2/11/1952ORDINANCE DETERMINING THAT IT IS NOT PRACTICAL TO PROCEED
WIT:i THE IMPROVEMENTS HERETOFORE ORDERED ON THAT PORTION
OF NORTH TRAVIS STREET, KNOWN AND DESIGNATED AS UNIT NO.
105, IN THE CITY OF WICHITA FALLS, TEXAS, ABANDONING THE
IMPROVEMENT OF SAID PORTION OF NORTH TRAVIS STREET KNOWN
AND DESIGINATED AS UNIT NO. 105, CANCELLING ANY AND ALL
ASSESSMENTS HERETOFORE LEVIED FOR A PORTION OF THE COST
OF IMPROVING SAID PORTION OF NORTH TRAVIS STREET, PROVID-
ING FOR THE IMPROVEMENT OF A PORTION OF NORTH TRAVIS
STREET TO BE KNOWN AND DESIGNATED AS UNIT NO. 105-A,
APPROVING AND AUTHORIZING THE EXECUTION OF SUPPLE'IENTAL
CONTRACT FOR THE IMPROVEMENT OF THAT PORTION OF NORTH
TRAVIS STREET TO BE KNOWN AND DESIGNATED AS UNIT NO. 105-A5
PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND
DECLARING AN EMERGENCY.
WHEREAS, the Board of Aldermen of the City of Wichita
Falls, Texas, by resolution dated July 9, 1951, provided for
the improvement of, among others, a portion of North Travis
Street, known and designated as Unit No. 105, in the pity of
Wichita Falls, Texas, and did enter into a, contract with
Stuckey Construction Company for the making and construction of
said improvements thereon; and,
WHEREAS, it is not practical to proceed with the
improvements provided for in said resolution on that portion of
:North Travis Street known and designated as Unit No. 105 and
said improvements should be abandoned and all assessments
heretofore levied to pay for a part of the cost of said im7,rove-
ments should be cancelled; and,
WHEREAS, it is necessary to make certain changes in
1 the description of the portion of North Travis Street to be
improved and to amend the proceedings and contract relating
to such improvements so that same may be constructed on the
hereinafter described portion of North Travis Street to be known
and designated as Unit No. 105-A; and,
WHEREAS, Stuckey Construction Company has consented to
the changes in the improvements to be constructed and in the
abandonment of the improvements cn that portion of North Travis
Street known and designated as Unit No. 105; and.,
WHEREAS, supplemental contract for the making and
construction of improvements on a portion of North Travis Street
to be known and designated as Unit No. 105-A has been examined
and found to be in all matters and things proper; THEREFORE,
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BE IT ORDAINED BY THE BOARD OF ALDER?IEN OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
I.
It is hereby determined that it is not practical to
proceed with the improvements heretofore provided for on that
portion of North Travis Street known and designated as Unit
No. 105, in the City of Wichita Falls, Texas, and the improve-
ments on that portion of North Travis Street 'mown and des-
ignated as Unit No. 105 are hereby abandoned and. any and all
assessments heretofore levied to defray a portion of the cost
of said improvements are hereby cancelled.
II.
It is hereby determined that it is necessary that the
hereinafter described portion of North Travis Street, to wit:
NORTH TRAVIS STREET, from the south property line
of Lincoln Street to the south property line of Wichita
Street, SAVE AND EXCEPT its intersection with Wichita
Street, to be known and designated as Unit No. 105-A,
be improved by raising, grading and filling same, by construct-
ing and. installing concrete curbs and gutters where same are
not already constructed on proper grade and line, and by
constructing thereon a 7 inch Flexible Base Course with a 121
inch Type Q-Modified Asphalt Surface, together with incidentals
and appurtenar_ces, including storms sewers and drains as and. where
shown on the plans relating to said improvements and in strict
accordance with the plans and specifications therefor.
The contract heretofore entered i to ith tuckey
Construction Company on the �¢- day of 1951,
for the making and construction of certain street improvements
on those portions of streets and avenues described therein and
designated therein as being Units Nos. 60 to 122, inclusive,
is hereby amended and changed by deleting the description of
that portion of North Travis Street known and designated as
Unit No. 105 therein on page 6 of said contract and inserting
in lieu of such description the following description, to wit:
NORTH TRAVIS STREET, from the south property line
of Lincoln Street to the south property line of 1-'icti.ita
Street, SAVE AND EXCEPT its intersection_ with Wichita
Street, to be '_mown and designated as Unit Nc. 105-A,
and by deleting in the last paragrapl-, on page 8 of said contract
the reference to Unit No. 105 and substituting therefor Unit
No. 105-A. The terms and provisions of said contract shall
apply to the �)ortion of. :North Travis Street hereinabove described
and designated as Unit No. 105-A the same as if said unit had..
been inserted in said contract in the .first instance in lieu
of Unit To. 105.
IV.
The supplemental contract dated this date, which has
been executed by Stuckey Construction ComlanIT and which is now
on file with the City be, and it is hereby, adopted and approved.
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V.
The City Manager is hereby authorized and directed to
execute said supplemental contract in the name of the City of
Wichita Falls, Texas and the City Clerk is authorized and
directed to attest same and. to impress the corporate seal of
the City thereon.
VI.
The Engineer of the City of Wichita Falls, Texas is
hereby directed to prepare new estimates for the cost of the
improvements to be constructed on that portion of `jorth Travis
Street hereina.bove described and designated as Unit i,To. 105-A
and to submit same to the Board of Aldermen.
VII.
Assessments for a part of the cost of said improvements
to be constructed shall be made against abutting property and
the owners thereof, all as is provided in the contract hereto-
fore entered into with Stuckey Construction Comman.y hereinabove
mentioned.
VIII.
The City Clerk is directed to prepare, sign and file
with the County Clerk of Wichita County, Texas, a notice
in accordance with the provisions of the Act passed by the
Fifth Called Session of the Forty -First Legislature of the
State of Texas, and shown as Charter 21 of the Acts of said.
session of the Legislature, said Act having been passed in
the year 1930 and now being known as Article 1220a of Vernon's
Texas Civil Statutes.
IX.
The present condition of said portion of PTorth Travis
Street,hereinabove described and designated as Unit No. 105-A,
to be unproved endangers health and safety and the improvement
of same constitutes an urgent public need for the preservation
of peace, health and safety of property and it is necessary
that said improvements be constructed while the weather will
permit and the construction of said improvements is being delayed
rending the taking effect of this ordinance, and. such fact
constitutes and creates an emergency and an urgent public
necessity requiring that the rules providing for ordinances to
be read more than one time or at snore than one meeting or tgat
the ordinance shall not go into effect ?until thirty (130) daysafter the passage of same, be suspended and that this ordinance
be passed as and take effect as an emergency Leasure, and' such
rules are accordingly suspended and this ordinance is passed as
and shall take effect and be in force as an emergency measure
and shall be in force and effect immediately from and after
its passage. I
PASSED A-vD APPROVED This llth day of February, A. D.,
1952.
ATTEST:
-4E2
� City Clerk
APPROVED AS TO FOR114:
CITY 2OFWICTHITA FALLS, TEXAS
a or
City ;Attney.
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