Res 362 7/27/1959RESOLUTION No.
A RESOLUTION DECLARING THE NECESSITY OF IMPROVING THE
FOLLOWING STREET WITHIN THE CITY OF WICHITA FALLS, TEXAS, TOWIT :
GRACE STREET FROM THE SOUTH PROPERTY LINE. OF TENTH STREET TO THE
NORTH PROPERTY LINE OF ELEVENTH STREET; 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 :
Grace Street from the South property line of Tenth
10th) Street , to the North property line of Eleventh
11th) Street;
said portion of said street shall be improved by raising, grading 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 (1*" ) Hot Mix Asphaltic concrete on
six inch (6" ) flexible base.
The City Manager is hereby directed to have plans and speci-
fications 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
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 that this resolution is intended to include
all their rights , powers and privileges allowed a city under the pro-
visions 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 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 enhancedvalue 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.
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The remaining cost of said improvements against the
abutting property and owners thereof shall be paid by the City ofWichitaFalls.
The amounts to be assessed against and to be paid
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 from and 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 com-
pletion 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
lied 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.
PASSFn AND APPROVED this 27thday of July , 1959.
t4t 411,
ATT •
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Geo . Hens er s on, i x er
Prepared by :
rank Gibson, City Attorney
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