Res 372 9/14/1959RESOLUTION NO.372
A RESOLUTION DECLARING THE NECESSITY OF IMPROVING THE FOLLOWING
STREET WITHIN THE CITY OF WICHITA FALLS, TEXAS, TO WIT: NORTH LAMAR
FROM SOUTH LINE OF WICHITA STREET TO SOUTH LINE OF WARREN 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 IMPROVE-
MENTS 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 street in the City of Wichita Falls, Texas, as here-
inafter provided :
North Lamar from South line of Wichita Street
to South line of Warren Street;
said portion of said street to 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:
Six inch reinjoreed concrete.
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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 ofsuchimprovementsbeforethehearingrelativeheretoisheldandbefore
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 beassessedforallthecostofconstructingcurbsandguttersinfront of
such respective property and a part of the remaining cost of such improve-
ments, 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 here-
in set forth that this resolution is intended to include all their rights,
powers and privileges allowed a city under the provisinns 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 borne7:nn the
Front Foot Basis, and in any case where the Board of Aldermen of the City
of Wichita Falls, shall find that such plan or basis would result in
injustice or inequality the said Board of Aldermen shall apportion andassesssuchcostsinsuchproportionandinthemannerasitmaydeem 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 .
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 comple-
tion of the work and acceptance of the same by the City of the improve-
ments 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 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 14 day of' September , 1959.
C j4"4-d
ageNhf, MAYOR Protem
SEAL)
ATTEST: /
mar 1
Geo. . "en• erson, o' er
PREPARED BY:
Frank Gibson, City Attorney