Ord 1559 5/14/1951 ORDI ANCE CANCELLING, ANNULLING AND RELSCIIJfD
ii'l GC3T
THOSE PORTIONS OF CONTRACT WITH STUCKEY CON- '
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STRUCTION COl4PANY IN SO FAIL AS SAID PORTIONS
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RELATE TO THE CONSTRUCTION OF Ii1PROVEAENTS ON
A PORTION OF ALMA STREET AND ON PORTIONS OF
CE .TAIN OTHER STHEETS AND AVENUES IN THE CITY
f �
OF WlCHITA FALLS, TEXAS, CANCELLING, ANNULLING
A714D RESCINDING THOSE PORTIONS OF ALL ORDINANCES
i
RESOLUTIONS 1-d1D PROCEEDINGS IN SO FAR AS THEY
RELATE TO THE IiAPROVE VIENT S ON A PORTION OF ALiiA
I
STREET AND ON PORTIONS OF CERTAI4 OTHER STREETS
I �f
AND AVENUES IN THE CITY OF WCHITA FALLS, TEXAS, 11
AND DECLARING AN EMERGENCY.
Whereas, pursuant to a certain resolution gassed by
the Board of Aldermen of th City of Wichita Fallas, Texas, on l
the day of , 1951, certain portions of streets,;,
avenues, alley and public places in said City were ordered im-
proved; and,
Whereas, after bids were duly advertised for and re- ii
ceived, the bid of Stuckey Construction Company was found to be Bi
the lowest and most advantageous, and contract was eritered into E
by and between Stuckey Construction Company and the City of j
Wichita Falls, Texas, for the construction of those certain im-
provements; and,
Whereas, notice was filed with the County Clerk of
Wichita County, Texas, recorded in Volumes Page; of
the Deeds of Trust Records of said County, that the Governing
Body of the City of Wichita Falls, Texas, had ordered and de-
termined it to be necessary to improve, ` among others, the here-
inafter described portions of Streets and Avenues in said City I
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 and avenues
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 ownersll
of the respective parcels of abutting property on, among others,
the hereinafter described and designated portions of streets and h
avenues, and levied assessments for a portion of the cost of the ;!
improvements to be constructed on and abutting the respective 3
parcels of property which front on, among others, those portions11
of streets and Avenues hereinafter described, and charges and < '
liens 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 im-
provement-ff theretofore ordered constructed on those portions of
streets and avenues hereinafter described and has further deter- :
-1-
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va
mined that such improvements on the hereinafter described portions'
of streets and avenues should be altogether abandoned; and,
Whereas, by letter dated May 14, 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 hereinafter described portions)
of Streets and Avenues; THEREFORE,
BE IT OHDAIdED BY THE BOARD OF ALDERMEN OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
I.
The contract heretofore entered into with Stuckey
Construction 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
land avenues 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, alley or
public place, other than those hereinafter described, 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 under-
, taken by it in connection with the improvements heretofore ordered
, constructed on each of those portions of streets and avenues here-
. inafter 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 con-
� struction of improvements on each of those portions of streets and
avenues hereinafter described be, and are hereby cancelled, annulled
land rescinded.
IV.
The liens created by, the resolution ordering the im-
provements, 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 and avenues 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 assess-
. ments and liens against such abutting property, said assessments
and liens be, and are herebycancelled, and the respective parcels
,,of property which abut on those portions of streets and avenues
!,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 and avenues
hereinafter described, to wit:
ALMA STREET, from the south property line of Collins
"Avenue to the north property line of Pearl -venue, known and desig-
nated as Unit No. 25;
BROAD STREET, from the south property line of Twelfth
Street to the north property line of Sixteenth Street, known and
.designated as Unit No. 32;
JAL01,,ICK STREET, FROM THE LkST PROPE17iTY LINE of Virginia
!Avenue to the west curb line of Edwards Avenue, known and desig-
nated as Unit No. .44;
t
iNx 553 p4m299
NEFF AVENUE, from the south property line of Tulsa
. Street to the south property line of Flood Street, known and desi-
gnated as Unit No. 47;
TULSA STREET, from the east property line of Rose-
wood Avenue to the west curb line of Holland Avenue, known and
designated as Unit No. 52;
SIBLEY AVENUE, from the east property line of Broad
( Street to an imaginary line drawn perpkndicularly across Sibley
" Avenue at a point 405 feet east of the east property line of Broad
Street, known and designated as Unit No. 53;
TYLER STREET, from the south property 'Line of Roberts
; Avenue to the north property line of ninth Street, known and desig-
nated as Unit No. 54;
ARTHUR STREET, from the south property line of Avenue
"S►' to the north right-of-way line of Wichita Valley Railway, known
and designated at Unit No. 56
TWENTIETH STREET, from the south property line of
'' Sibley Avenue to the west curb line of Burnett Street, known and
, designated as Unit No. 58.
V.
The liens created and the assessments levied for
; a portion of the cost of improving any other street, avenue, alley
; and public place, other than those hereinabove described, shall
remain in full force and effect and the ordinances, resolutions,
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, be and shall remain
An full force and effect.
VI .
The liens evidenced by the notice of assessment here
tofore filed wild the County Clerk of Wichita County, Texas, here-
' inabove referred 'presently interfere with the alienation and sale
of real estate a utting on those portions of streets and avenues
hereinabove described for the reason that such real estate is nre- :
;` sently encumbered by such liens, and the release of said liens con-
„ stitutes 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 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 emer-
gency measure and shall be in force and effect i r�ediately from
i2zd after its passage.
PASSED AND APPROVED this �`6 `day of May, A. D.
1951 �- -- .�� ,
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."° vi4, CITY OF 6yICHITA FALLS, TEXAS
ATTEST: mayor
O nPPRCVEL' nS `!� r ui .l
City Clerk
pity nttorney