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Ord 1574 9/24/1951 ORDINANCE A4ENDING RESOLUTION DATED JULY 91 1951, AND ALL OTHER ORDINANCES AND PROCEEDINGS WHICH RELATE TO THE IMPROVEMENT OF THAT PORTION OF S.HERTTAT,T ROAD KNOWN AND DESIGNATED IN SAID RESOLUTION AS UNIT NO. 95, SO AS TO PROVIDE FOR A DIFFERENT TYPE OF IMPROVE- MENT ON A PORTION OF SAID UNIT NO. 95 THAN THE TYPE HERETOFORE ERRONEOUSLY ORDERED CONSTRUCTED BY SAID RESOLUTION AND ERRONEOUSLY SET OUT IN THE CONTRACT RELATING TO TIE CONSTRUCTION OF THE IMPROVEMENTS SO ORDERED; AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL CONTRACT TO CORRECT SAID ORIGINAL CONTRACT SO AS TO PROPERLY DESCRIBE THE IMPROVEMENTS INTENDED TO BE CONSTRUCTED ON SAID PORTION OF UNIT NO. 95, AND DECLARING AN EMERGENCY. WHEREAS, by resolution dated the 9th day of July, 1951, the Board of Aldermen of the City of Wichita Falls, Texas, did order and provide for the improvement of a portion of Ardath Avenue and portions of sundry other streets, avenues and public places in the City of Wichita Falls, Texas, among which was SHERMAN ROAD, from the south property line of York Avenue to the north curb line of Lexington Avenue, known and designated as Unit No. 95, which said ordinance did provide that said portion of Sherman Road was to be improved by raising, grading and filling same and by constructing and installing concrete curbs and gutters where same are not already constructed on proper grade and line and by con- structing thereon a 7 inch Flexible Base Course with a 12 inch Asphaltic Surface; and, WHEREAS, bids were taken on the plans and specifications relating to the improvements to be constructed. aid Stuckey Con- struction Company having been found to be the lowest and best bid der, was, by ordinance dated the loth day of September , 1951 awarded the contract for the making and construction of said improvements; and, WHEREAS, the contract provided that Unit No. 95 herein- above described was to be improved by raising, grading and filling same, by constructing and installing concrete curbs and gutters where same were not already constructed on proper grade and line and by constructing thereon a 7 inch Flexible Base Course with a 12 inch Type Q-Modified Asphalt Pavement Surface; all to be con- structed as and where shown on the plans relating to said improve- ments and in strict accordance with the plans and specifications therefor; and, WHEREAS, the plans provide for the construction of a 6 inch Reinforced Concrete Pavement on that portion of Unit No. 95 hereinabove described which lies in and between the south prop- erty line of York Street and the south property line of Alabama Street, with the remaining portion of said Unit No. 95 to have the 7 inch Flexible Base Course with a 11 inch Type Q-Todified Asphalt Pavement Surface; and, WHEREAS, it was contemplated by the parties to said contract that the improvements to be constructed on Unit No. 95 be constructed as and where shown and in strict accordance with said plans; THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDTFR, EN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. The resolution hereinabove mentioned and all ordinances and other proceedings relating to that portion of Sherman Road, known and designated as Unit No. 95, herein described, be amended to provide for the construction of a six inch Reinforced Concrete Pavement on that portion of Unit No. 95 which lies in and between the south property line of York Street and the south property line of Alabama Street; and such resolution, ordinances and other proceedings are hereby so amended. II. The supplemental contract dated this date, which has been executed by- Stuckey Construction Company and is now on file with the City be, and it is hereby, adopted and. approved. III. 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. IV. The present condition of said portion of Sherman Road to 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 weather will permit and the construction of said improvements is being delayed pending the taking effect cf 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 more than one meeting or that the 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 24th day of September, A. D. , 1951. CITY OAWICH ALLS, TEXAS ATTEST: ;' v ayor City Clerk APPROVED AS TO FOR14: - ------------- 'City Morney.