Res 339 12/22/1958A •
RESOLUTION No. • 361
A RESOLUTION DECLARING THE NECESSITY OF IMPROVING THE FOLLOWING
STREET WITHIN THE CITY OF WICHITA FALLS, TEXAS, TOWIT: PENNSYLVANIA
ROAD AT 3001 AND 3003, ABUTTING LOTS FIFTEEN ( 15) AND SIXTEEN ( 16) ,
BLOCK FIVE (5), OF JOHN W. THOMAS ADDITION TO THE CITY OF WICHITA
FALLS, WICHITA COUNTY, TEXAS; STATING THE NATURE OF SUCH IMPROVEMENTS,
DIRECTING THE CITY 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 at 3001 and 3003, abutting lots fifteen
15) and sixteen( 16) , of Block Five (5) , John W. Thomas
Addition to the City of Wichita Falls , Wichita County, Texas;
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, towit :
One and one-half inch (lz" ) Hot Mix Asphaltic Concrete on
six inch (6" ) flexible base.
The City Manager is hereby directed to have plans and specifica-
tions prepared for such improvements.
The City Manager is hereby directed to have estimates of cost of
such improvements before the hearing relative hereto is held and before
any of such improvements 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 im-
provements, 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 that this resolution is intended to include all the rights,
powers and privileges allowed a city under the provisions of Article
1105-B, Vernonts Civil Statutes of Texas , and in cases where it it 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 Alder-
men 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 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 imposed .
1 -
A _
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 one, two, three and four
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 eviduFithereof, such
default shall mature the entire assessment upome 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 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 22d day of December, A. D. 1958.
ATTEST: K. . Spell, dy or
eo. . H- derson, City C er
2 -