Ord 1566 6/25/1951 V� 56 F,a 123
ORDITNANCE CANCELLI%1G, ANNULLING AND RESCINIDING THOSE P ORTIOAIS
OF CONTRACT WITI1 STUCKEY CONSTRUCTION COMPANY IN SO FAR AS SAID
PORTIONS RELATE TO THE CONSTRUCTION OF I.1,11PROVEMENTS ON A PORTION
OF BLUFF STREET AND ON PORTIONS OF CERTAIN OT TER STREETS,AVENUES
AND PUBLIC PLACES IN TIE CITY OF WICHITA FALLS, TEXAS,CANCELLING,
AINNULLING AND RESCINDING THOSE PORTIONS OF ALL ORDIFNANCES, RHIS-
OLUTIONS AND PROCEEDINGS IN SO FAR AS THEY RELATE TO T_-I'E I' PROVE-
IENT ON A PORTION OF BLUFF STREET AND ON PORTIONNS OF CERTA.I`N
OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF WIC1ITA
FALLS, TEXAS, AND DECLARING AN EMERGENCY.
WHEREAS, pursuant to a certain resolution passed by the
Bowed of Alder me , of e City of Wichita Falls, Texas, on the
day of 1951, certain cortions of streets,
avenues, alley and public Enlaces in said City were ordered
improved; and,
WHEREAS, after bids were duly advertised for and received,
the bid of Stuckey Construction Company was found to be the low-
est and most advantageous, and contract was entered into by and
between Stuckey Construction Company and the City of Wichita Falls,
Texas, for the construction of those certain improvements; and,
WHEREAS, notice was filed with the County Clerk of
Wichita County, Texas, recorded in Volume �� page !,.� 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 i-.prove, a-i.ong others, the hereinafter
described portions of streets, avenues and public places 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, the
said Board of Aldermen closed the hearing given to the owners of
the respective parcels of abutting property on, among others, the
hereinafter described and designated portions of streets, avenues
and public places, and levied assessments for a portion of the
cost of the improvements to be constructed on and abutting the
respective parcels of property which front on, among others,
those portions of streets, avenues and public places hereinafter
described, and charges and liens were fixed against said prop-
erties and the owners thereof; and,
WHEREAS, the Board of Aldermen has now detr-rrrined that
it is not practical to proceed with the construction of the im-
provements theretofore ordered constructed on those portions of
streets, avenues and public elates hereinafter described and has
further determined that such improvements on the hereinafter
described portions of streets, avenues and public olaces should
be altogether abandoned; and,
WHEREAS, by letter dated June 25, 1951, addressed to the
Honorable Board of Aldermen of the City of Wichita Fdll"s, Texas, ' ' .
Stuckey Construction Company consented to the cancellation of
the contract with said City in so far as same related to the con-
struction of improvements on the hereinafter described -orti_ons
of streets, avenues and public places; THEREFORE,
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vm 56 124
BE IT ORDAINED BY THE BOARD OF ALDERT,1ET. OF T?iE
CITY OF WICHITA FALLS, TEXAS, THAT:
I.
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 hereinafter described portions of streets, ;
avenues and public places 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 Nortion of street,
avenue, alley or public place, other than those hereinafter des-
cribed, and other than those described in ordinance passed by the
Board of Aldermen on the 14th day of May, 1951, be, and the
same is hereby, ratified, confirmed and found to be in full
force and effect.
II.
Stuckey Construction Company be, and is hereby, relieved
from any and all obligations undertaken or which were to be
undertaken by it in connection with the improvements heretofore
ordered constructed on each of those portions of streets, avenues
and public places hereinafter described.
III.
Those portions of all ordinances, resolutions and sundry
other proceedings of any and every kind and nature whatsoever in
so far as they relate, but only in so far as they relate, to the
construction of improvements on each of those portions of streets,
avenues and public places hereinafter described, and those
portions of streets and avenues described in ordinance passed by
the Board of Aldermen on the 14th day of ray, 1951, be, and are
hereby, cancelled, annulled and rescinded.
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 portions of streets, avenues and public places
hereinafter described, are and shall be of no further force and
effect, and in so 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
those portions of streets, avenues and public places hereinafter
described be, and are hereby, released from such liens. The
property which is released from such assessments and liens is
that property which abuts on those portions of streets, avenues
and public places hereinafter described, to wit:
BLUFF STREET, from the south property line of Fifteenth
Street to the north property line of Seventeenth Street, SAVE
AND EXCEPT the intersection of Bluff Street witi Sixteenth
Street, known and designated as Unit No. 30;
BONNER STREET, from the east property line of Redwood
Avenue to the west property line of Rosewood Avenue, known and
designated as Unit No. 31;
FLOOD STREET, from the east _property line of Rosewood
Avenue to the west curb line of Neff Avenue, known and. designat-
ed as Unit No. 38;
REDWOOD AVENUE, from the north dg of the pavement o
Flood Street to the south curb line of Tools Street; known and
designated as Unit No. 50;
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IVK am125
TULSA STREET, from the west property line of Redwood
Avenue to the west property line of homes Avenue, known and
designated as Unit No. 51;
MILBY AVENUE, from the north curb line of Avenue "X"
to the end of present pavement 50 feet south of Fain Street,
known and designated. as Unit No. 59.
BALTIN10RE ROAD, from the south property line of York
Avenue to the south property line of Lafayette Avenue, known
and designated as Unit No. 26;
PENNSYLVANIA ROAD, from the south property line of
York Avenue to the north curb line of Lexington Avenue, known
and designated as Unit No. 48;
V.
The liens created and the assessments levied for a
portion of the cost of improving any other street, avenue, alley
or public place, other than those hereinabove described and
those portions of streets and avenues described in ordinance
passed by the Board of Aldermen on the 14th day of '--Tay, 1951,
shall remain in full force and effect and the ordinances, res-
olutions, and sundry other proceedings creating the assessments
and liens against those Parcels of property abutting on some
portion of street, avenue, alley and public place, other than
those portions of streets and avenues hereinabove described and
those portions of streets and avenues described in ordinance
passed by the Board of Aldermen on the 14th day of May, 1951,
be, and shall remain in full force and effect.
VI.
The liens evidenced by the notice of assessment hereto-
fore filed with the County Clerk of Wichita. County, Texas, here-
inabove referred to, presently interfere wit'i the alienation
and sale of real estate abutting on those portions of streets,
avenues and public places hereinabove described for the reason
that such real estate is presently encumbered by such liens,
and the release of said liens constitutes an urgent .public need
for the preservation 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 that the
rules providing for ordinances to be read more than one time or at
r - mere than one meeting or that the ordinance shall not go into
""effect until thirty (30) days after the passage of same be
g sus ended 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
i�� force as an emergency measure and shall be in force and
ef.�rett immediately from and after its passage.
^' PASSED AND APPROVED This 25th day of June, A. D. , 1951.
A SZr CITY OF WI ii TA FALLS, AS
BY
City Clerk V 'kayo
APPROVED AS TO FOR1.1:
.City Attorney. -3-
. 556 FAa126
APPROVED ADD CONSENTED TO:
STUCKEY CONSTRUCTION COMPANY
BY LAa A 1� lyryla
One of the Partners.
THE STATE OF TEXAS
COUNTY OF WICHITA
Before me, the undersigned, a Notary Public in and for
said ounty an . to on this day Dersonally appeared
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 S he executed the same for the purposes
and consideration therein expressed, as the act and creed of
Stuckey Construction Company and in the capacity therein stated.
GIVEN UNDER 'MY HAND AND SEAL OF OFFICE,
r
This 25th day of June, A. D., 1951.
Ou
Notary blic, .azic a County, Texas.
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