Ord 1600 2/11/1952.
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ORDINANCE CANCELLING, ANNULLING AND RESC-1NDING COT..TRACT WITH
STUCKEY CONSTRUCTION COMPANY IN SO FAR AS AND ONLY IN SO FAR
AS SAID CONTRACT RELATES TO THE CONSTRUCTION OF IMPROVE1,11ENTS
ON A PORTION OF BROOK AVENUE AND ON PORTIONS OF CERTAIN 0T iFR
STREETS AND AVENUES IN THE CITY OF WICHITA FALLS, TEXAS, CAN-
CELLING, ANNULLING AND RESCINDING ALL ORDINANCES, RESOLUTIONS
AND PROCEEDINGS IN SO FAR AS AND ONLY IN SO FAR AS THEE:' RELATT?
TO THE IMPROVEMENT OF A PORTION OF BROOK AVE' UE AND PORTIONS
OF SUNDRY OTHER STREETS AND AVENUES IN THE CITY OF WICHITA FA.Lil,S,
TEXAS, AND DECLARING AN EMERGENCY.
WHEREAS, -pursuant to resolution passed by the Board of
Aldermen of the City of Wichita Falls, Texas, on the 9th day of
July, 1951, among others, the hereinafter described portions
of streets and avenues in said city were ordered improved, to wit:
BROOK AVENUE, from the north edge of the presently
existing pavement on United States Highway No. 82 to an imaginary
line drawn perpendicularly across Brook Avenue at a point 12.5
feet north of the north property line of that portion of Tnird
Street which intersects Brook Avenue on the west, known and
designated as Unit No. 67;
CARRIGAN AVENUE, from the north edge of the existing
pavement on Speedway Avenue to the north property line of
Twenty -Fifth Street, known and designated as Unit No. 70;
THE UNPAVED AND UNIMPROVED PORTION OF AVENUE E which
lies in and between a -point 30.5 feet west of the west property
line of Giddings Street and an imaginary line drawn perpend-
icularly across Avenue E, which imaginary line is a north
prolongation of the west property line of Lot 1, Block 3, Dutton
Addition to the City of Wichita Falls, Texas, and being the
south one-half of that portion of Avenue E which lies within the
limits herein described, known and designated as Unit No. 73;
THE UNPAVED AND UTNIARPROVED PORTION OF FILLIM-ORE STREET
which abuts Lot 15, Block 108, Floral Heights Addition to the
City of Wichita Falls, Texas, and being the southeast one-half
of that portion of Fillmore Street abutting said Lot 15, known
and. designated as Unit No. 76;
NORT FOURTH STREET, from an imaginary line drawn per-
'pendicula.rly across North Fourth Street at a point 16.5 feet
west of the west property line of North Brook Avenue to the
east property line of North Broadway, known and designated as
Unit No. 77;
HO"IES STREET, from the south property line of Sullivan
Street to the north property line of Humphreys Street, known
and designated as Unit No. 80;
AVENUE J, from the east edge of the present pavement
on Grant Street to the west property line of Buchanan Street,
known and designated as Unit No. 82;
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THE UNPAVED AND U1,TIMPROVED ?ORTION OF LAMAR STREET which
abuts Lot 11, Block 117, Original Townsite of the City of Wichita.
Falls, Texas, and being the east one-half of that portion of
Lamar Street which abuts said Lot 11, known and designated as
Unit No. 85;
AVENUE 0, from the east property line of Taylor Street
to the east edge of the present pavement on Grant Street, SAVE
AND EXCEPT the intersections of Avenue 0 with Fillmore Street,
Kemp Boulevard and Buchanan Street, known and designated as Unit
No. 87;
THE UNPAVED
abuts Lot 3, Block H,
Wichita Falls, Texas,
of Park Street which
Unit No. 88;
AND UNIMPROVED PORTION OF PARIK STREET which
Granger & Ballow Addition to the City of
and being the West one-half of that ;)ortion
abuts said Lot 3, known and. designated as
THE UNPAVED AND UNIMPROVED PORTION OF POLK STREET which
abuts Lot 13, Block 96, Floral Heights Addition to the City of
Wichita Falls, Texas, and being the east one-half of that portion
of Polk Street which abuts said Lot 13, known and designated as
Unit No. 90;
THE UNPAVED AND UNIMPROVED PORTIOiI OF ROBERTS AVENUE
which abuts Lots 7 and S, Block 15, Floral Heights Addition to
the City of Wichita Falls, Texas, and being the south one-half
of that portion of Roberts Avenue which abuts said Lots 7 and $,
known and designated as Unit No. 91;
ROOSEVELT STREET, from the west edge of the present
pavement on Rosewood Avenue to the west property line of Redwood
Avenue, known and designated as Unit No. 93;
SHERRRAN ROAD, fro . the south property line of York Avenue
to the north curb line of Lexington Avenue, known and designated
as Unit No. 95;
SIXTH STREET, from the west edge of the existing pave-
ment on United States Highway No. 82 to the east ;'ropert,y line
of Holliday Street, known and designated as Unit No. 96;
THE UNPAVED AND UNIMPROVED ?ORTIO71 Off' TAYLOR CTRE7T
which abuts Lot 5, Block 94, Floral Heights Addition to the City
of Wichita Falls, Texas, and being the west one-half of that
portion of Taylor Street which abuts said Lot 5, 'mown and
designated as Unit No. 99;
THE UNPAVED AND UNITMPROVED PORTION OF TAYLOR STREET
which abuts Lot 15, Block 99A, Highland. Addition to the City of
Wichita Falls, Texas, and being the east one-half of that portion
of Taylor Street which abuts said Lot 15, known and designated
as Unit No. 101;
TILDEN STREET, from the south property line of Ozark
Avenue to the north property line of Avenue L, known and des-
ignated as Unit No. 103;
NORTH TRAVIS STREET, from the northwest property line
of Lincoln Street to the west :property line of North Brook
Avenue, known and designated as Unit No. 106;
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TWENTY-SECOND STREET, from the east property line of
Holliday Road to the west property line of Yale Avenue, known and
designated as Unit No. 113;
TWENTY-SECOND STREET, from the west property line of
Grace Street to the east curb line of Bridwell Street, known
and designated as Unit No. 114;
TYLER STREET, from the south property line of Roberts
Avenue to the north property line of Eighth Street, known and
designated as Unit No. 115;
WARREN STREET, from the east edge of the existing
pavement on North Burnett Street to the west property line of
North Austin Street, 'mown and designated as Unit No. 116;
WOOD STREET, from the east property line of Rosewood
Avenue to the east property line of Holland Street, known and
designated as Unit No. 118;
and,
WHEREAS, after bids were duly advertised for and
received, the bid of Stuckey Construction Company was found
to be the lowest and most advantageous for the making and con-
struction of the improvements on, among others, those portions
of streets and avenues hereinabove described, and contract was
entered into by and between Stuckey Construction Company and
the City of Wichita Falls, Texas, for the construction of said
improvements; and,
W`iEREAS, notice was filed with the County Cler'_� of
Wichita County, Texas and was duly recorded in Volume
page 2 of the Deed of Trust Records of said County, that
!' the governing body of the City of Wichita Falls, Texas had
ordered. and determined it to be necessary to improve, among
others, the hereinabove described portions of streets and
avenues in said city and that a portion of the cost of such
improvements was to be specially assessed as a lien against the
respective parcels of property abutting upon those portions of
streets, avenues and public places to be improved; and,
WHEREAS, after sundry proceedings were duly taken and
had by the Board of Aldermen of the City of Wichita Falls,
Texas pursuant to ordinance Massed by said Board of Aldermen
on the day of , 1951, and by ordinance
passed on the 10th day of December, 1951, the hearing given to
the owners of the respective parcels of property abutting on
those portions of streets and avenues hereinabove described and
designated as Units Nos. 76, 80, 91 and 101, was closed and
assessments were levied for a portion of the cost of the improve-
ments to be constructed on and abutting the respective parcels
of property which abut, on among others, those portions of
streets and avenues hereinabove described and designated as
Units Nos. 76, 80, 91 and 101, and by said ordinances charges
and lielis were fixed against said properties and the owners
thereof; and,
WHEREAS, the Board of Aldermen has now determined that
it is not practical to proceed with the construction of the
improvements heretofore ordered constructed on each of those
portions of streets and. avenues 'hereinabove described, and has
further determined that such improvements on said hereinabove
described portions of streets and avenues should be abandoned;
and,
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W HERE4S, Stuckey Construction Company has, by letter
dated the tt44� _ day of February, 1952, consented to the can-
cellation of the contract with said City in so far as, but
only in so far as same relates to the construction of the
improvements on the hereinabove described portions of streets
and avenues; THEREFORE,
BE IT ORDAINED BY THE BCI!RD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
The contract heretofore entered into with Stuckey
Construction Company for the making and construction of street
improvements on those portions of streets and avenues herein -
above described be, and it is hereby, cancelled, annulled and
rescinded, but said contract in so far as it relates to the
construction of improvements on any other portion of street,
avenue or public place be, and the same is hereby ratified,
confirmed and declared to be in full force and effect.
II.
Stuckey Construction Company
relieved from any and all obligations
construction of street improvements on
and avenues hereinabove described.
III.
be, and is hereby,
imposed. upon it for the
those portions of streets
All ordinances, resolutions and sundry other proceed-
ings of any and every kind and nature whatsoever, in so far as
they relate, but only in so far as they relate, to the con-
struction of improvements on each of those portions of streets
and avenues hereinabove described be, and are hereby, cancelled,
annulled and rescinded.
IV.
The liens on and against those parcels of property
which abut on those portions of streets and avenues hereinabove
described which were created by the resolution dated the 9th
day of July, 1951, and other proceedings relating thereto,
evidenced by the notice of assessment filed with the County
Clerk of Wichita County, Texas, are and shall be of no furt'aer
force and effect and in so far as authority is vested in the
Board of Aldermen to cancel the assessments and liens against
those parcels of property which abut upon those portions of
streets and avenues hereinabove described, same be, and are
hereby, cancelled and said parcels of abutting property are
hereby.released from such liens.
V.
The liens created and the assessments levied for a
portion of the cost of improving any portion of street, avenue
or public place, other than those portions hereinabove des-
cribed, shall remain in full force and effect and all
ordinances, resolutions and sundry other proceedings creating
the assessments and liens against those parcels of property
abutting on some portion of street, avenue or public place
other than those hereinabove described be, and., shall remain
in full .force and effect.
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5'23
YOL l and .r�l
VI.
The liens evidenced by the notice of assessment hereto-
fore filed with the Coanty Clerk of Wichita County, Texas, here-
inabove referred to, presently interfere with the alienation
and sale of real estate abutting on those portions of streets
and avenues hereinabove described, for the red'son that such real
estate is presently encumbered by such liens, and the release of
said liens constitutes an urgent public need for the preserv-
ation of the peace, health and safety of -property of the City,
and same is being delayed pending the taking effect of this
ordinance, and such fact creates an emergency and an urgent
public necessity requiring t'_zat the rules providing for
ordinances to be read more than one time or at more than one
meeting or that the ordinance shall not go into effect until
thirty (30) days after the passage of same be suspended and
that this ordinance be passed as and take effect as an emergency
measure, 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 im,lediately
from and after its passage.
PASSED AND APPROVED
1952
. w
1�TTES'J� "
'City Clerk
APPROVED
AS TO FORIA:
City Attorney
This llth day of February, A. D.,
CITY OF IATIQHITA FALLS, TEXAS
BY
May r
APPROVED AND C011SENTED TO:
STUCKEY CONSTRUCTION COMPAN
BY s .-
One of the Partners
THE STATE OF TEXAS
COUNTY OF WICHITA
Before me, the undersigned, a Notary Public in and for
said County and State, on this day personally appeared
GlAn_'oo V_, known to me to be the person
whose name is subscribed to the foregoing instrument as one of
the partners of Stuckey Construction Company, and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed, as the act and deed of Stuckey Construction
i
Company and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,
THIS 11TH DAY OF FEBRUARY, A f_D., 1952.
Notary,, public,
to County, Texas.
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