Res 330 7/28/1958RESOLUTION NUMBER ” t2
A RESOLUTION DECLARING THE NECESSITY OF IMPROVING
THE FOLLOWING ETREET WITHIN THE CITY OF WICHITA FALLS, TEXAS,
TO-WIT: PENNSYLVANIA ROAD FROM THE SOUTH PROPERTY L INE CF
LEXINGTON STREET TO THE SOUTH PROPERTY LINE OF REVERE STREET;
STAT ING THE NATURE OF SUCH IMPROVEMENTS, DIRECTING THE C ITY
MANAGER TO HAVE PREPARED PLANS AND SPECIFICATIONS AND ESTIMATES
OF THE COST OF SUCH IMPROVEMENTS AND SETTING OUT THE MANNER
IN WHICH SUCH IMPROVEMENTS ARE TO BE PAID FOR.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS :
That a public necessity exists for the improving of
the following public property and streets in the City of
Wichita Falls, Texas, as hereinafter provided :
Pennsylvania Road from the South Property Line
of Lexington Street to the South Property Line
of Revere Street;
Said portion of said street shall be improved by raising, grading
and by filling same, and by installing cement concrete curbs and
gutters and storm sewers and drains where necessary, and by
p aving with one or more of the following types of materials,
towit:
One and one-half inch ( 12" ) Hot Mix Asphaltic
concrete on six inch (6" ) flexible base.
The City Manager is hereby directed to have plans_ and
specifications prepared for such improvements .
The City Manager is hereby directed to have estimates
of cost of such improvements before the hearing relating hereto
is held and before any of such improvements are actually constructed .
Payment for such improvements shall be made in the follow-
ing manner :
The abutting property and owners thereof shall pay and
shall be assessed for all the cost of constructing curbs and gutters
in front of such respective property and a part of the remaining
cost of such improvements, provided -th^.t such part of the costs
assessed to the abutting property or the owners thereof shall in
no case exceed 9' of the cost of the improvements plus the cost
of the curb and gutter , it being herein set forth that this
resolution is intended to include all the rights, powers and
privileges allowed a city under the provisions of Article 1105-B,
Vernon's Civil Statutes of Texas , and in cases where it is not
satisfactorily shown to the Board of Aldermen of the City of
Wichita Falls, Texas, that it will be inequitable to do so, the
proportionate share of each property, or the owners thereof,
shall be assessed and borne on the Front Foot Basis, and in
any case where the Board of Aldermen of the City of Wichita Falls ,
Texas, shall find that such plan or basis would result in in-
justice or inequality the said Board of Al dermen shall apportion
1 -
T » 1
and assess such costs in such proportion and in the manner
as it may deem just and equitable, having in view the special
benefits in enhanced value to be received by such parcels of
property and the owners thereof, the equities of such owners
and the adjustments of such apportionment so as to produce
a substantial equality of benefits received and burdens im-
posed .
The remaining cost of said improvements against the
abutting property and owners thereof shall be paid by the
City of Wichita Falls , Texas .
The amounts to be assessed against and to be paid by
abutting property and the owners thereof in each unit shall be
payable in five (5 ) equal installments, due as follows :
First installment shall be due and payable within ten days
after the completion of the work and acceptance of same by the
city, and the remainder shall be paid 1, 2, 3 and 4 years from
the date of the completion of the work and acceptance of the
same by the city of the improvements in the unit upon which the
property abuts, and shall bear interest from the date of such
completion and acceptance until paid at the rate of six (6% )
per cent per annum, payable annually, with provision that if
default be made in the payment of any installment promptly
as the same matures, then at the option of the holder of any
such assessment or certificate issued in evidence thereof such
default shall mature the entire assessment upon which same is
made.
Assessments made and levied shall be a first and prior lien
and personal liability for principal, interest, reasonable
attorneyts fees and costs of collection, if any incurred , on
the property assessed , superior to all other liens and claims,
except State, County , School District and City Ad Valorem
Taxes, and shall be a personal liability and charge against
said owners of the property assessed .
This resolution shall become effective immediately upon its
passage.
PASSED AND APPROVED this 26th day of July , A. D. 1958.
JO'K. C. Spe 1, tri:yor
A.—........A_Ait Jc i
Geo. T. Henderson, sity Clerk
2 -
I