Ord 1586 11/26/1951ORDINANCE DETERMINING TIA.T IT IS NOT PRACTICAL TO
PROCEED WITH THE IMPROVEMENTS HERETOFORE ORDERED
ON A PORTION OF NORTH AUSTIN STREET, KNOITN AND DES-
IGNATED AS UNIT NO. 63, REPEALING, ANNULLING AND
RESCINDING RESOLUTION DATED JULY 91 1951, IN SO FAR
AS SAID RESOLUTION RELATES TO IMPROVING THAT PORTION
OF NORTH AUSTIN STREET KNOWN AND DESIGNATED AS UNIT
NO. 63, CANCELLING CONTRACT WITH STUCKEY CONSTRUCTION
COMPANY FOR THE IMPROVEMENT OF THAT PORTION OF NORTH
AUSTIN STREET KNOWN AND DESIGNATED AS UNIT NO. 63,
PROVIDING SUNDRY OTHER 14ATTERS INCIDENT THERETO, AND
DECLARING AN EMERGENCY.
WHEREAS, the Board of Aldermen of the City of Wichita
Falls, Texas, heretofore ordered that the hereinafter described
portion of North Austin Street, to wit:
NORTH AUSTIN STREET, from the east property line of
North Brook Avenue to an imaginary line drawn perpend-
icularly across North Austin Street at a point 175 feet
southeast of the southeast property line of Warren
Street, SAVE AND EXCEPT the intersection of North Austin
Street with Wichita Street, known and designated as Unit
No. 63,
be improved by raising, grading and filling same, by constructing
and installing concrete curbs and gutters, where same are not
already constructed on proper grade and line, and by constructing
thereon a seven inch flexible base course with a one and one-half
inch Type "Q"-Modified Asphalt Pavement Surface, together with
incidentals and appurtenances, including storm sewers and drains,
as and where shown on the Plans relating to said improvements and
in strict accordance with the Plans and Specifications therefor;
and,
WHEREAS, the City of Wichita Falls, texas heretofore
'entered into a contract with Stuckey Construction Company for the
:making and construction of the improvements hereinabove mentioned;
and,
WHEREAS, the portion of North Austin Street to be improved'
:as hereinabove described is improperly and erroneously described;,
and,
WHEREAS, notice was filed with the County Clerk of
Wichita County, Texas, recorded in Volume "''' , page d �,:, 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 portion of North Austin Street 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 the hereinabove described portion of North Austin
''Street; and,
WHEREAS, the Board of Aldermen has now determined that
it is not practical to proceed with the improvements as hereto-
fore provided for on the portion of North Austin Street herein -
above described; and,
WHEREAS, by letter dated November 1951, addressed
to the Honorable Board of Aldermen of the City of Wichita Falls,
Texas, Stuckey Construction Company consented to the cancellation
of the contract with said City in so far as same related to the
construction of improvements on the portion of North Austin
Street hereinabove described; THEREFORE,
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
I.
It is hereby found and determined that it is not practical
to proceed with the improvements as heretofore provided for on
the portion of North Austin Street hereinabove described.
II.
The resolution ordering and providing for the improvement
of that portion of North Austin Street hereinabove described,
which was passed on the 9th day of July, 1951, in so far as same
and only in so far as same relates to said portion of North
Austin Street hereinabove described be, and it is hereby,
repealed, annulled and rescinded. Said resolution in each and
every other particular shall remain in full force and effect.
III.
The contract heretofore entered into with Stuckey Con-
struction Company for the making and construction of certain
street improvements in so far as same relates to the construction "!
of improvements on the hereinabove described portion of North
Austin Street be, and 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 found
to be in full force and effect.
IV.
The liens created by the resolution ordering the improve-
ments, evidenced by the notice of assessment filed with the
;;County Clerk, on and against those parcels of property which
;,abut upon the portion of North Austin Street hereinabove des-
cribed, are and shall be of no further force and effect, and in
!Eso far as authority is vested in the Board of Aldermen to cancel
the assessments and liens against such abutting property, said
?assessments and liens be, and are hereby, cancelled, and the
respective parcels of property which abut on that portion of
North Austin Street hereinabove described be, and are hereby,
!released from such liens.
V.
It being contemplated that a part of the portion of
North Austin Street hereinabove described will yet be improved
and it being necessary to cancel the proceedings heretofore
passed which relate to the improvement of that portion of North
`Austin Street hereinabove described before instituting proceed-
ings relating to the improvement of only a part of the said
hereinabove described portion of North Austin Street, and the
present condition of that portion of North Austin Street which
it is contemplated will be improved 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
i weather will permit and the construction of said improvements
is being delayed pending the taking effect of this ordinance,
and such fact constitutes and creates an emergency 4nd an urgent
public necessity requiring that the rules providing that an
ordinance shall not go into effect until thirty (30) days after
its passage, 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 immediately from and after its passage.
PASSED AND APPROVED This 26tn day of November, A. D.,
1951.
CITY OF WICHITA FALLS, TEXAS
BY��-
ayor '
ATTEST:
City Clerk
APPROVED AS TO FOR14:
'C ty Atto ey.
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