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Res 233 4/27/1953RESOLUTION NO. / r RESOLUTION ORDERING AND PROVIDING FOR THE IMPROVEMENTS OF A PORTION OF BLUFF AVENUE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUPi TC PLACES IN THE CITY OF WICHITA FALLS, TEXAS; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FUR SUCH IMPROVEMENTS; DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS; FIXING THE GENERAL PREVAILING RATE OF PER DIEM WAGES FOR EACH CRAFT OR TYPE OF WORKMAN OR MECHANIC NEEDED la EXECUTE THE CONTRACT FOR THE IMPROVEMENTS AND FIXING THE RATES OF LEGAL HOLIDAY AND OVERTIME WORK, AND PROVIDING FOR SUNDRY OTHER MATTERS INCIDENT IMMO. WHEREAS, the Engineer for the City of Wichita Falls, Texas, has heretofore prepared and filed with the Board of Aldermen of said City plans and specifications for the improving and paving of sundry streets, avenues and public places in said City and said plans and specifications are here now before the Board of Aldermen and have been fully examined; THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I Said plans and specifications are hereby adopted and approved. II It is hereby determined that it is necessary for the improvements hereinafter provided for to be made and constructed on the following portions of streets, avenues and public places in the City of Wichita Falls, Texas, to- wit: Bluff Avenue from the north property line of 20th Street to 7.5 feet north of the north property line of 21st Street, to be known and designated as Unit No. 1-53. Bonner Street from the west property line of Homes Avenue to the west curb line of Redwood Avenue, to be known and designated as Unit No. 2-53. Carrigan Street from 3.5 feet south of the south emerbor line of Blonde Street to the north property line of 25th Street, the same to be known and designated as Unit No. 3-53. Carrigan Street from the north property line on 25th Street to the north edge pavement on Speedway Avenue, the same to be known and designated as Unit No. 4-53. Corwin Street from the north edge of pavement on Jefferson Street to the south curb line of Madison Street, the same to be known and designated as Unit No. 5-53. Corwin Street from the south curb line on Madison Street to the north line of Block 10 and 11, the original townsite of the City of Wichita Falls, the same to be known and designated as Unit No. 6-53. 15th Street from the west property line of Austin Street to the east property line of Lamar Street, the same to be known and designated as Unit No. 7-53. j 4th Street from the east property line of Travis Street to the west property line of T.s ar Street, the same to be known and designated as Unit No. 8-53. Harvard Avenue from the south property line of 21st Street to the south property line of 22d Street, the same to be known and designated as Unit No. 9-53. Hollywood Avenue from the east property line on Hayes Street to the east property line of Garfield Street, the same to be known and designated as Unit No. 10-53. Homes Avenue from the south property line of Sullivan Street to the north property line on Humphreys Street, the same to be known and designated as Unit No. 11-53. Humphreys Street from the south prolongation of west line of Lot 3, Block 13, Bateson Acre Lots to the west curb line of Cleveland Avenue, the same to be known and designated as Unit No. 12-53. Juarez Street from the west property line of Homes Avenue to the west curb line of Redwood Avenue, the same to be known and designated as Unit No, 13-53, Marshall Street from the south property line of McGregor Street to the north curb line of Railroad Avenue, the same to be known and designated as Unit No. 14-53. McGregor Avenue from 10 feet west of west property line of Grace Street to 100 feet east of east property line of Bridwell Street, the same to be known anddesignated as Unit No, 15-53. Shaw Avenue from the east property line of Van Buren Street to the east property line of Denver Street, the same to be known and designated as Unit No, 16-53. 6th Street from the east property line of Lee Street to the west curb line of Adams Street, the same to be known and designated as Unit No. 17-53, North 10th Street from the east property line of Grand Avenue to the east property line of Linwood Avenue, the same to be known and designated as Unit No. 18-53. North 10th Street from the east property line of Linwood Avenue to the east curb line of Vermont Avenue, the same to be known and designated as Unit No. 19-53. 13th Street from the west property line of Travis Street to the east property line of Austin Street, the same to be known and designated as Unit No. 2A-53. 13th Street from the west property line of Austin Street to the east property line of Burnett Street, the same to be known and designated as Unit no. 21-53. North Travis Street from the south property line of Wichita Street to the north curb line of Warren Street, the saute to be known and designated as Unit No, 22-53. 22d Street from the west curb line of Grace Street to the 5 feet east of the east property line of Bridwell Street, the same to be known and designated as Unit No, 23-53. 2 - Welch Street from the west property line of Homes Avenue to the west curb line of Redwood Avenue, the same to be known and designated as Unit No, 24-53. West one-half .Travis Street (leave out) from the north property line of 13th Street, to a point 701 north of said north property line, the same to be known and designated as Unit No. 25-53. 3. Each of the hereinabove described and enumerated portions of streets, avenues and public places in the City of Wichita Falls, Texas, known and designated as Unit Nos. 1-53, 2-53, 3-53, 4-53, 5-53, 6-53, 7-53, 8-53, 9-53, 10-53, 11-53, 12-53, 13-53, 14-53, 15-53, 16-53, 17-53, 18-53, 19-53, 20-53, 21-53, 22-53, 23-53 and 24-53, be improved by raising, grading and filling same, by con- structing and installing concrete curbs and gutters where same are not already constructed, on proper grade and line, and by constructing thereon a seven inch flexible base course with a one and one-half inch asphaltic surface, said asphalt surface to be Type "Q" Modified Asphaltic Concrete or Quadruple Inverted Penetration Asphalt, the exact type of surface to be later determined and decided upon. Each of the hereinabove described and enumerated portions of streets, avenues and business places in the City of Wichita Falls, Texas, known and desig- nated as Unit No. 25-53, be improved by raising, grading and filling same, by installing and constructing thereon curbs and gutters, where same are not already constructed, on proper grade and line, and by constructing thereon a five inch concrete base with a one and one-half inch asphaltic surface, said asphalt surface to be either Type "Q" Modified Asphaltic Concrete or Quadruple Inverted Penetration Asphalt, the exact type of surface to be later determined. All of the hereinabove described improvements to be constructed together with incidentals and appurtenances, including storm sewers and drains, as and where shown in the plans relating to said improvements and in strict accordance with the plans and specifications therefor. 4. Payment for such improvements shall be made in the following manner, to-wit: a) The abutting property and the owners thereof shall be assessed and pay for not exceeding all of the cost of curbs and gutters plus nine-tenths 9/10ths) of the remaining cost of the improvements in the unit upon which such property is situate. b) After deducting the amounts assessed against and paid by the abutting property and the owners thereof, the remaining cost of said improvements shall be paid by the City of Wichita Falls, Texas, It is contemplated that where the property abutting the unit to be improved fronts on said unit, said abutting property and the owners thereof shall be assessed and pay for not more than ninety (90%) per cent of the total cost of thy/improvements in the unit on which the respective properties abut and that where the property abutting the unit to be improved does not front on said unit, abutting property and the owners thereof shall be assessed and pay for not more than seventy-five (75%) per cent of the total cost of the improvements. The City of Wichita Falls, Texas, will pay for that portion of the cost of the improvements which is not assessed against the abutting property and the owners thereof. The amounts payable by the abutting property and the owners thereof shall be assessed against such property and against the real and true owners thereof and shall be a first and prior lien upon the property upon which assessments are levied except State, County, School District and City ad valorem taxes, and a personal liability of the owners of said property. 5. Assessments against abutting property and the owners thereof shall bear interest at the rate of six per centum (6%) per annum, payable annually except 3 - as to the first installment which matures in less than one year, which interest on said first installment shall be payable at the maturity of said installment. That said assessments shall be payable in five (5) equal installments, due respec- tively on or before ten (10) days, one (1), two (2), three (3) and four (1 ) years after completion and acceptance of the improvements in the unit for which the particular assessment is levied, provided that if default be made in the payment of any installment due, then at the option of the owner and holder of the cer- tificate issued in evidence of the partictilAr assessment, the entire assessment in connection with which default is made shall mature and become due and payable, together with reasonable attorney's fees and costs of collection, if incurred. 6. It is estimated that the City of Wichita Falls, Texas, will have available for payment for its portion of the cost of the improvements to be constructed approximately $17,000.00. This amount is xicasufficient to pay the City's portion of the cost of all of the improvements herein ordered. Therefore, only some of the hereinabove described portions of the streets, avenues and public places will actually be improved. The units to be improved shall be improved and shall have preference in the order in which said units are numbered, that is, Unit No. 1-53 shall have first priority, Unit No. 2-53, second priority, et cetera, until all of the hands of the City have been exhausted. When such funds have been exhausted then no other units will be improved. It is contem- plated that in many units several parcels of abutting property will be exempt from the lien of special assessment and that the owner or owners of such property will not satisfactorily secure the payment of the cost of the improvements so that skips and leave-outs in some such unit or units will be so numerous as to make the improving of the balance of such unit or units impracticable. For that reason, the construction of improvements in such unit or units may be entirely abandoned. It shall be the policy of the City of Wichita Falls, Texas to permit, however, at least one fifty foot skip or leave-out per unit, provided such fifty foot skip or leave-out does not occur at an intersection. This provision, or a provision similar hereto, will be inserted and made a part of any contract awarded for the construction of the improvements. 7. No assessments shall be levied against any property or its owner until after notice and hearing as provided by law, nor in excess of special benefits to the particular property resulting from the improvement for which assessment is levied. 8. Proceedings shall be taken and assessments levied pursuant to and in accordance with the law passed at the First Called Session of the Fortieth Legislature of the State of Texas in 1927, shown as Chapter 106 of the Acts of said session, together with any amendments of said Act, such Act being shown as Article 1105b of Vernon's Texas Civil Statutes, which Act, together with all amendments thereto, has heretofore been incorporated in and made a part of the Charter of the City of Wichita Falls, Texas. 9. The City Clerk is directed to prepare, sign and file with the County Clerk of Wichita County, Texas, a notice in accordance with the provisions of the Act passed by the Fifth Called Session of the Forty-First Legislature of the State of Texas and shown as Chapter 21 of the Acts of said session of the Legislature, said Act having been passed in the year 1930. 10. Each unit herein ordered improved shall be and constitute a separate and independent unit of improvement, and the assessments herein provided for shall be made for the improvements in each unit according to the cost of theimprovementsinthatunit, and independent of the costs and of the benefits aris- ing from the improvements in any other unit. 11. The improvements may be omitted abutting any property exempt from the lien of special assessments for street improvements unless the owner or owners of such property shall satisfactorily secure payment. Should the owner or owners of any property exempt from the lien of special assessment fail to satisfactorily secure payment for the improvements to be constructed, then the City of Wichita Falls, Texas may determine that no improvements of any nature whatsoever will be constructed on that unit. r 12. The City Clerk is hereby directed to advertise for bids for the construction of the improvements hereinabove mentioned, which said advertisement shall be published pursuant to and in accordance with the terms and provisions of the Charter of the City of Wichita Falls, Texas and the laws of the State of Texas. 13. The general prevailing rates of per diem and for legal holiday and overtime work in this locality for each craft or type of workman or mechanic needed to execute the contract for such improvements are as set out in the speci- fications relating to such improvements and are hereby adopted and approved. Said prevailing rates of per diem wages and for legal holiday and overtime work shall be specified and made mandatory in any contract awarded for the construction of such improvements. 14. This resolution shall take effect and be in force and effect immediately from and after its passage. PASSED AND APPROVED, this 27th day of April, A. 1D. 1953. Alif L i I' .'Lk_PA Mayor ATTEST: ija-1 1 y er APPROVED AS TO FORK: y. tdK-46t A, I__ City/A ttorney 5 -