Res 336 12/8/1958K1
RESOLUTION NUMBER e
A RESOLUTION DECLARING THE NECESSITY CF ]}PROVING THE FOLLOWING STREET WITHIN
THE CITY OF WICHITA FALLS, TEXAS, TO-WTIT: THIRD STREET FROM TH EAST PROFS RTY LIEF
OF LEE STREET TO THE WEST LINE OF THE INTERSECTION WITH ADAMS STREET; STATING THE
NATURE OF SUCH IMPROVEMENTS, DIRECTING THE CITY MANAGER TO HAVE PREPARED PLANS AND
SPECIFICATIONS AND ESTIE TES OF THE COST OF SUCH IMPROVEMENTS AND SETTING OUT THE
MANNER IN WHCIH SUCH IMPROVEMENTS ARE TO BE PAID FQR .
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY CF WICHITA FILLS, 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:
Third Street from the East property line of Lee Street to the West line
of the intersection with Adams Street;
said portion of said street shall be improved by raising, grading and by filling
same, and by installing cement concrete curbs and gutter and storm sewers and
drains where necessary, and by paving with one or more of the following types of
materials, to-wit:
One and one-half inch (li") 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 improve-
ments before the hearing relative hereto is held and before any of such improve-
ments are actually constructed.
Payment for such improvements shall be made in the following 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 that
such part of the costs assessed to the abutting property or the owners thereof
shall in no case exceed 90% of the cost of the improvements plus the cost of the
curb and gutter, it being herein set forth thatihis resolution is intended to
include all their rights, powers and privileges allowed a city under the provisions
of Article 4.05.-B, Vernon's Civil Statutes of Texas, and in cases where it is not
satisfactoi 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 injustice or inequality the said
Board of Aldermen shall apportion 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 mak enhanced value to be received by such parcels of property and the owners
thereof, the equitit of such owners and the adjustments of such apportionment so
as to produce a substantial equality of benefits received and burdens imposed.
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 nnit 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 attorney's fees and costs of col-
lection, 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 8th day of December, A. D. 1958.
K. . Spell, `iyo
ATTES
Geo. . Henderson, City Clerk