Ord 912 6/20/1927 'ORDINANCE7 NQ. t`
AN ORDI=?ANCE QRDERI`'G THE LEAVING QFF OF A PORTION OF TAYLOR STREET, AS ORI a WALLY
DESCRIBED IItT ORDI---A'CE NO. 871, AND ORDERING ThE PROCEDURE OF PAVING PROCEEDINGS
AND OPERATIONS 171I TH REGAx1ZD TO TID; RE dAI'''ING PORTION OF SAID PROJECT A?TD DECLARING
AN EITRGE?TCY.
BE IT A�'D IT IS HEREBY ORD 17ED BY Ti BOARD OF ALDERPMN OF THE CITY OF "+'ICHITA
FALLS: THAT,
WF.EREAS, the City of Wichita Fells has heretofore determined by resolu-
tions and ordinance, the necessity of im-oroving all of the unpaved rortion of Taylor
Street, from the North Curb Line of Avenue M, to the South Line of Lot 7, Bloc
16-A, Highland .Addition to the sc:.id city, in the City of 17iehita. Falls, Texas , and
the various forms, resolutions, ordinance and nroceedings necessary and ?orereruisite
to the having of said. -portion of said street have been duly had and held by this
Bo,jrd, and the contract for paving said -oroject has been duly awarded in open
meeting to L. E. 1`i .itham & Company, according to t'r_e specifications of the City
Engineer, and
WHEREAS, since the passing of said resolutions and fixing a lien
against the fro,)erty benefited by said raving improvements, as shown by the
Variousroceedi.ijs of t'...is board, with reference thereto,
it has been brought to
the attention of this board that it is impracticable and almost impossible to
-proceed with uavinL; a -oortion of said originally described project on said street,
which bortion is described as beinJ Taylor Street, from the North curb liie of
Avenue 0, to the South line of Lot 7, block 16-A, Hi_hland addition to the City
of '�lichite. Fells, due to the fact t'_ t on said block in said project, as above
described, most of t'ie rro,)erty is homestead, being owned, occupied and held by
the owners thereof as their homestead, and the great majority thereof having
failed enc.. refused to secure sai contractor for the cost of caving abutting
their respective properties, in accordance with the law and charter of said
city, and that the said owners, upon due protest have requested that their
block be omitted frorf, the limits of said original :^awing project on said street,
a.nd t' .ot the lien fixed by ordinance No. 871 be removed as a cloud against the
title of their -oarticula..r respective properties, and,
WHEREAS, the rronerty owners whose nronerty abuts that
-oortion of Taylor Street, from the iTorth curb line of Avenue M to the North
curb line of Avenue 0 have requested that the im.-_irovement by paving, as
with regard to their property be proceeded with at
an
originally planned,
early time, regardless of whether or not that nortion of Taylor Street, from
t're North curb line of Avenue 0 to t-ie South line of Lot 7, bloc's 16-A, Highland
Addition, whose owners have each refused to sign the contract securinc the cost
of paving improvements abutting their respective oro-nerties, is naved or not,
1.
NOW, THERM"'ORE: By reason of t-e inability of said
L. E. ?7hithem & Company, the successful bidder with whom the City of _,7ic ita
Falls has contracted for the improvement of the first described project to
secure the execution of the necessary contracts and liens, securing the cost
cf caving improvements abutting a certain portion of tine originally described
project on Taylor Street, according to Ordinance No. 871; at the request of
the property owners Vaose -property abuts that portion of said project that have
ractor for t�:Ie cost of said having improvements;
almost unanimously secured said cont
anc_ due to the protests and reouests of the uronerty owners whose hro-;�erty abuts
and many of whom reside upon a portion of said Taylor Street described as being
from the North curb line of Avenue 0 to the South Lire of Lot 7, Block 16-A,
Highland Addition to said city, it is hereby ordered, resolved and ordained by
this Board of Aldermen that the bounds ?,nd limits of the on;Tinal -project, as set
forth any described in Ordinance 871 and the previoas proceedings of this Board
with reference thereto be chax.�ed, aid that that -portion of said Taylor Street,
for the reasons above set forth as lying and. being between the north curb line
16-A, Hig
of Avenue 0, and the South line of Lot 7, bloc's rl�.nd addition to sid
city be omitted, left off, and stricken from the bounds, limits, description,
sneeifications, -plans and estimates of said originally described project on said street
and that all property abutting on said portion of said street that is herein omitted
and stricken from the limits and bounds of said original project be released from
said assessment ordi ance o. 871, as well as the respective owners thereof, and all
clouds or liens cast or purported to bfoTant Yt said.
N11eby
ieritrincordered that the limits
expressly removed, cancelled and held
Finally desi Snated,from.
of said street by this orl.irarce shall be changed_, as originally
T,-ylor Street, from the North curb line of Avenue K, to the South Line of Lot 7,
block 16-A, Hig'nlard Addition to Taylor Street, from the North curb line of Avenue
Jj`, to the North curb line of Avenue O, in said city, and it is hereby further
expressly ordered that all of the -orevious proceedings and ordinance of this Board.
with reference to the originally described project, particularly Orr'.inance No. 371,
shall be and exist i=iti� full Torte an effect, in their ap�licsttion, effectiveness
Q.,nd legality to that nortion of Taylor Street, from the North curb line of Avenue P
to the north curb line of Avenue 0; it being expressly ordered that the latter
described portion of said street be inroroved as originally planned and t�<a t the
said L. E.v "hitham & Cotmpany Mhall proceed with iaprovement of size in accordance
vaith the s-pecifications of t re City En;-ineer of said city, the proceedings of this
boaxd and in accordance �':ith their contract �sith said citT,they relying upon the
rrevious ordinance and the lien fixed in their favor to secure the cost of paving
improveents abutting that portion of said street yet to be paved.
It is further ordered t:"at Ordinance No. 871 in all of its
terms and conditions is hereby expressly ratified and readopted ritl regard to
that portion of said. street that is not excluded frog, t_Ze original bounds and is
yet to be imnroved.
2,
The fact that tn.e ipprovements herein. mentioned are delayed
pendi.ig the nassa:ge and. effect of this ordinance, and that the condition of said
portion of said street endangers the nublic health and safety, constitutes and
creates an urgent public necessity, requiring; that the rules nroviding that
ordinances be read at more than one meeting and for more than one time be sus-
pended, aria requirin6 that this ordinance be passed, an(! tda'ceneffect as an
nance
emergency measure and such rules are accor..in,�ly
is -nassec as .3n emergency measure and shall be in force and. effect irmedia.tely
from anal after its passage.
That ti^is ordinance shall take effect from- and after its
passage.
3.
Passed and a-p-proved, t1lds day of `�•D' '
1927. 71,
,*PROVED:
ATTEST:
CITY CLERK.
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