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ORD CC 06/26/73 - Sam Houston Avenue improvementsAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, RECEIVING AND ACCEPTING THE WORK OF IMPROVING SAM HOUSTON AVENUE AND PORTIONS THEREOF WITHIN THE LIMITS HEREIN DEFINED; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: SECTION ONE. That the work of improving Sam Houston Avenue or portions thereof within the City of Huntsville, Texas, to -wit: SAM HOUSTON AVENUE from a point at its intersection with llth Street South a a point South of its inter- section with Sycamore Street; by the construction of such paving, curb and gutter and other nec- essary incidentals and appurtenances as deemed necessary by the City Engineer, all of said improvements being as provided for in the Plans and Specifications therefor which have heretofore been prepared by the City Engineer and as have been approved and adopted by the City Council; and all of same having been performed and completed in full accordance with the terms and provisions of a contract heretofore entered into between said City of Huntsville, Texas, and GayloxiConstruction Company, and said City Engineer having measured, examined and caused to be tested and finished improvements by the means and in the manner provided by the terms and provisions of said contract and the Plans and Specifications, and having found that such improvements have been constructed and completed in full compliance with said contract and said Plans and Specifications, and the City Engineer having approved and accepted said work and improvements and heretofore issued his certificate of final acceptance and so certified to said City Council and recommended that it accept and receive said work and the improvements so constructed and completed by the said Gaylord Construction Company, and said work and improvements having been examined and found by the Mayor and City Council of said City of Huntsville, Texas, to have been performed and completed by Gaylord Construction Company in full - compliance with the terms and provisions of said contract and said Plans and Specifications therefor, said improvements are hereby accepted and received by said City Council of the City of Huntsville, Texas. SECTION TWO. That the lack of sufficient paved streets and avenues in the City of Huntsville and the attendant dangers to traffic, the hindrance to public business caused by said lack of pavement, the physical discomforts caused by unpaved streets and avenues, and the fact that Gaylord Construction Company, Contractor for construction of said improvements, is entitled to receive its payment for work performed, each and all create a public emergency and it is hereby determined that a public emergency exists, re- quiring effective action immediately to preserve the public business, property, health and safety. IT IS,THEREFORE, FURTHER ORDAINED that this ordinance is in the nature of an emergency measure and that any rule requiring non - energency measures to be read at more than one meeting before final passage shall be suspended, and this ordinance shall take effect and be in force from the time of its first passage and approval upon its first reading. Councilman moved the passage of said ordinance, which motion was seconded by Councilman , and upon being submitted to the vote of the Council resulted in the following "aye" and "nay" vote. Councilman Amick Councilman Davis Councilman Dickens Councilman Dunlap Councilman Johnson Councilman Knox Councilman Moore Councilman Thompson voted voted voted voted voted voted voted voted WHEREUPON, said ordinance was declared adopted at its first reading by a vote of "ayes" and "nays ", this the 26th day of June, 1973. ATTEST: j14-21 FRANK ROBINSON, JR. PROVED AS TO FORM: Oh' MARTIN D. COLLEY, City Attorney MORRIS I. WALLER, Mayor CitSec�etar Y Y