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Ord 1549 2/26/1951 ORDINANCE CANCELLING, ANNULLING AND RESCINDING ANY AND ALL ASSESSMENTS HERETOFORE LEVIED OR SOUGHT TO BE LEVIED ON AND AGAINST THE PARCELS OF ?ROPERTY ABUTTING ON THAT PORTION OF PARK STREET KNOWN AND DESIGNATED AS UNIT OR DISTRICT NO. 10 AND AGAINST THE REAL AND TRUE OWNERS OF SAID RESPECTIVE PARCELS OF PROPERTY, AMENDING C012TTRACT BY AND BETWEEN THE CITY OF WICHITA FALLS,TEXAS AND STUCKEY CONSTRUCTION COMPANY SO AS TO PROPERLY DESCRIBE THE PORTION OF PARK STREET CONTEMPLATED TO BE _IMPROVED, PROVIDING SUNDRY OTHER MATTERS INCIDENT TTIERETO,AMID DECLARING AN EI1IERGENCY. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has from time to time passed sundry resolutions i and ordinances and other proceedings relating to the improvement and the levying of assessments for a portion of the cost of improving, among others, the following described portion of Park Street, to wit: PARK STREET from N. line Lot 14, Blk. 5, Boyd Add. to center line of Flood, known and designated as Unit or District No. 10; i and, WHEREAS, in the opinion of counsel the description of the portion of Park Street as it appears hereinabove and as it appears in said sundry resolutions, ordinances and other proceed- ings is inaccurate and may or may not have properly or adequately apprised the owners of the respective parcels of -property abutting thereon of the assessments which were levied or sought to be levied for said improvements; T HEREFORE, BE IT ORDAINED BY THE BOARD OF ALDEMI-EN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: f' I. +f Any and all assessments levied or sought to be "levied on and against the parcels of property abutting on that portion of Park Street hereinabove described and against the real and i' true owners of said respective ?parcels of property be, and they are hereby, cancelled, annulled and rescinded. II. The contract heretofore entered into by and between the City of Wichita Falls, Texas and Stuckey Construction Company on the,&_� day of June, 1950, for construction of certain street improvements on, among others, thEt portion of Park Street hereinabove described be, and is hereby, amended so as to _ 1 _ i i properly describe the portion of Park Street which was con- templated between the parties to said contract to be improved, the proper description being as follows, to wit: PARK STREET, from the north line of Lot 1Y+, Block 5 of Boyd Subdivision of Granger Par'.: Addition to the north property line of Flood Street, renown and designated as Unit or District No. 10-A, and being the same description which is hereby substituted in E said contract for and in lieu of the description of Park Street which appeared therein and which was known and designated therein as Unit or District No. 10. III. Stuckey Construction Company be, an6 is hereby, ordered and directed to .prepare and to present to the Board -If Aldermen of the City of Wichita Falls any and all resolutions, ordinances and/or other proceedings which it may deem necessary for the Board of Aldermen to ;cuss or enact in order to levy valid and enforceable liens of s-oecial assessment on and against those respective parcels of property which abut on that portion of Park Street hereinabove described and :Known and designated as Unit or District No. 10-A and against the real and true owners thereof, so that Stuckey Construction Company will be adequately protected for the payment of the costs of the improvements to be constructed by it on that portion of Park Street '>nown and l designated as Unit or District No. 10-A. IV. The present condition of said portion of Park Street, known and designated as Unit or District No. 10-A, to be improved endangers health and safety and the im-q�rovement of same constitutes an urgent public need for the preservation of peace, health and safety of property and it is necessary t=ia.t said improvements be constructed while the weather will -ermit and the construction. of said improvements is being delayed -ending the taking effect of this ordinance and such fact ccnstitutes 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 tye 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 :gassed as and Shall take effect and be in force as an emergency measure and shall be in force and effect im-ediately from and after its passage. i PASSED AND APPROVED This day of A. D. 1951. ' CITy OF WICT-i TA FALLS, TEXAS ATTEST: BY --- ¢ Ma. r City Clerk APPROVED AS TO FOMill: City Att ney. 2 - THE STATE OF TEXAS COUNTY OF WICHITA On this, the 26th day of February , 1951, the Board of Aldermen of the City of Wichita Falls, Texas, in the above mentioned County, convened in regular session, in the regular meeting -place in said City, all :embers thereof, to wit: Harold Jones , Mayor Lloyd Thomas , Alderman Roy W. Parish , Alder-,ian J. R. Ray , Alderman R. A. Putman , Alderman R. J. Brown , Alderman J. B. Hickerson , City Clerk Frank Wood , City 114anager J. Walter Friberg , City Attorney being present and passed the following ordinance: ORDINANCE CANCELLING, ANNULLING AND RESCINDING ANY AND ALL ASSESSMENTS HERETOFORE LEVIED OR SOUGHT TO BE LEVIED 0"' AND AGAINST THE PARCELS OF PROPERTY ABUTTING ON THAT PORTION OF PARK STREET KNOWN AND DESIGNATED AS UNIT OR DISTRICT NO. 10 AND AGAINST THE REAL AND TRUE OWNERS OF SAID RESPECTIVE PARCELS OF PROPERTY, AMENDING CONTRACT BY AND BETWEEN THE CITY OF WICHITA FALLS, TEXAS AND STUCKEY CONSTRUCTION COMPANY SO AS TO PROPERLY DESCRIBE TAE PORTION OF PARK STREET CONTEMPLATED TO BE IMPROVED, ! PROVIDING SUNDRY OTHER NATTERS INCIDENT TiiERETO, AND DECLARING AN EMERGENCY. Alderman Ray moved that the ordinance be placed on its first reading; seconded by Alderman Thomas and carried by the following vote: AYES: Aldermen Thomas, Parish, Ray, Putman and Brown NAYES: none. CARRIED: Ordinance placed on first reading. Alderman Ray moved that the ordinance pass first reading; seconded by Alderman Thomas and carried by the following vote: AYES: Aldermen Thomas, Parish, Ray, Putman and Brown NAYES: None. I 1 CARRIED: Ordinance passed first reading. Alderman Brown moved that the rules be suspended and that the ordinance be placed on second reading; seconded by Alderman Putman and carried by the following vote: AYES: Aldermen Thomas, Parish, R , Putman and Brown i NAYES: None. CARRIED: Ordinance placed on second reading. Alderman Thomas moved that the ordinance pass second reading; seconded by Alderman Postman " and carried by the following vote: AYES: Aldermen Thomas, Parish, Rasr, Putman and Brown NAYES: None. CARRIED: Ordinance passed second reading. i Alderman Thomas moved that the rules be suspended and that the ordinance be placed on third. and final reading; seconded by Alderman Parish and carried by the following vote: AYES: Aldermen Thomas, Parish, Ray, Putman and Brown. NAYES: None. i CARRIED: Ordinance placed on third and final reading. i r Alderman Thonnas moved that the ordinance; pass third and final reading and be finally adopted; seconded by Alderman Parish and carried by the following vote!: AYES: Aldermen Thomas, Parish, Rw.. Putman and Rrnwn_ ±i ii { NAYES: None. CARRIED: Ordinance passed third and final reading. The 11ayor then declared the Ordinance finally passed. The Ordinance follows: