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Ord 1568 7/9/1951 ORDINANCE REPEALING PARAGRAPH III OF A RESOLUTION TITLED: "RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON A PORTION OF BELL STREET AND A PORTION OF JUAREZ STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING TIME AND PLACE FOR HEARING TO OWNERS OF ABUTTING PROPERTY AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE" AND ORDINANCE TITLED: "ORDINANCE CLOSING "BEARING AND LEVYING ASSESS- MENTS FOR PART OF THE COST OF IMPROVING PORTIONS OF BELL STREET AND JUAREZ STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTIES ABUTTING ON SAID PORTIONS OF STREETS AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLARING All EMERGENCY"; FIXING TIME AND PLACE OF NEW HEARING TO ALL OWNING OR CLAIMING ANY PROPERTY ABUTTING ON SAID PORTIONS OF BELL STREET AND JUAREZ STREET IN THE CITY OF WICHITA FALLS, TEXAS, AND DIRECTING THE CITY CLERK TO GIVE NEW NOTICE,_ AND DECLARING AN EMERGENCY. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas heretofore passed a certain resolution titled: "RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON A PORTION OF BELL STREET AND A PORTION OF JUAREZ STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING TIME AND PLACE FOR HEARING TO OWNERS OF ABUTTING PROPERTY AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE11; and, WHEREAS, Paragraph III of said resolution provided, among Gather things, that a hearing be given to all owning or claiming any property abutting upon the hereinafter described portions of ;Bell Street and Juarez Street, and directed the City Clerk to ;give notice and further provided that such notice to property ;owners should comply with and be in accordance with the terms sand provisions of the Act passed at the First Called Session of ;;the Fortieth Legislature of the State of Texas, and known as 0hapter 106 of the Acts of said Session; said portions of streets Peing as follows, to wit: BELL STREET, from the south curb line of Avenue "C" to the north property line of Avenue "D", known and designated as Unit No. 28; JUAREZ STREET, from the east property line of Redwood Avenue to the west property line of Rosewood Avenue, known and 'designated as Unit No. 45; and, WHEREAS, said notice was defective in that it failed to comply with and/or was not given in accordance with the terms and provisions of said Act; and, WHEREAS, the ordinance titled: "ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF TIME COST OF IMPROVING PORTIONS OF BELL STREET AND JUAREZ STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTIES ABUTTING - 1 - ON SAID PORTIONS OF STREETS AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLARING AN E2<1ERGENCY" was passed pursuant to said defective notice and therefore was not in compliance with the laws under which these proceedings were taken qnd had; THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. Paragraph III, and only Paragraph III, of the resolution titled: "RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON A PORTION OF BELL STREET AND A PORTION OF JUAREZ STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING TIME AND PLACE FOR HEARING TO OWNERS OF ABUTTING PROPERTY AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE", passed by the Board f Aldermen of the City of Wichita Falls, Texas, on the // day of June, 1951, be, and it is hereby annulled, repealed and rescinded and is and shall be of no further force and effect. II. The ordinance titled: "ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING PORTIONS OF BELL STREET AND JUAREZ STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTIES ABUTTING ON SAID PORTIONS OF STREETS AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESS- MENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLARING AN EzMERGENCY", passed by the B!�Wday f Aldermen of the City of Wichita Falls, Texas, on the - of June, 1951, be, and it is hereby annulled, repealed and rescinded and is and shall be of no further force and effect. III. A new hearing be given and held by and before the Board of Aldermen of the City of Wichita Falls, Texas, to all owning or claiming any property abutting upon said portions of Bell Street and Juarez Street, hereinabove described, as well as all owning or claiming any interest in any such property. uch new hearing shall be given and eld on the day of _, A. D. , 1951, at otclock, M. in e Co cil Room in the Memorial Auditorium in the City of Nichita Falls, Texas, and the City Clerk is hereby directed to give new notice of the time and place of such new hearing and of other matters and facts in accordance with the terms and provisions of the Act passed at the First Called Session of the Fortieth Legis- lature of the State of Texas, and known as Chapter 106 of the i, Acts of said Session and now shown as Article 1105b of Vernonts Texas Civil Statutes. Said new notice shall be by advertisement; - 2 - inserted at least three times in a newspaper published in the City of Wichita Falls, Texas, the first publication to be made at least ten days before the date of said new hearing. Said new hearing shall comply with and be in accordance with the terms and provisions of said Act. IV. The present condition of said portions of streets 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 of this ordinance, and such fact constitutes and creates an emergency and an urgent public necessity requir- ing 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 the passage of same be suspended and that this ordinance be passed as and take effect as an emergency measure, and such rules are accord- ingly suspended and this ordinance is passed as and shall take effect and be in force as an e7ierg ^lcy i ensure Inc shall be in force and effect immediately from and after its passage. PASSED AND APPROVED This 9th day of July, A. D., 1951. CITY OF WICHITA FALLS, TEXAS BY Ma or _( ATTEST: % City Clerk APPROVED AS TO FORM: City Attorney. , V 3 -s: