Res 256 4/26/1954RESOLUTION O.
HFSOLUTION ORDERING N.D PnOVIDiNG Oft THE ENEROVEHINNTS OF
A PORTION OF HIT? AVENUE AND PORTIOHS OF SUHls&Y OTHER
STREETS, ATOT L):: NND PUBLIC PLAOES IN THE CITY OF '::ICHITA
F2115 TaAo: , -paJvIG ii-) ADOPTING PL ..N3 An) SPEUIFISTIONS
FOH SUCH rPROVENETS: DIReCTING THE CITY CLERK TO iiDVERTISE
FOR BIDS: FIXING THE (3-TRI., PRRIAILING RATE OF PER DIEM
MGES FOR EROH CRAFT OR =I, OF N'OLKI4N M. hiw,CilUTNE NLEUED
TO E_ CUTE THE CONTRACT EDR THE l". ROVR-LTIT3 Ail FIZLG THE
RAT:LS OF LEGAL hallY A11) OYJRTICE :oa , E17:;(7 FOR
SUFDRY OTlIRR ;:.ATTej MCIDTENT MtEhTO.
la.Eis, the ?nineer for the City of 'edchita Falls, Texas, has
heretofore prepared and filed with the Board. of Aldermen of said City plans and
specifications for the iTnroving and pavinF of sundry streets, avenues and public
places in seld City- and said plans and specifications are here now before the Board
of ,eldermen and, have been. fully exaned; THeLY0
BE IT HNSOD)ED bY The .1-30RD ::F ALUI.R.HEN OF THE CITY OF VICHITA FALLS,
TEXAS, THAT:
I
Said plans and specificetions are herebe• adopted and approved. •
II
It is hereby determined thet 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 'iAchita FalTs, Texas, to-
wit:
Bluff Avenue from the north property lihe of 20th Street
to 7.5 feet north. of the north property line of 21st Street,
to be kno,m and designated as Unit Ye. 1-54.
Donner Street from the wt property line of Homes Avenue
to the west curb line of Redwood Avenue, to be known and
desi-nated as Unit Nb. 2-54.
Carrigan Street from 3.5 feet south of the south curb
line of blonde Street to the north property- line of 25th
Street, the same to be known aId designated as knit o. 3-54.
Clift Street from north edee of pavement on U. 3. Hde!hway
277 to north property line of Fourth Street, the some to
be 7/-).o,,In and desi7nated as Unit No. 4-54.
Corwin Street from the north edge of pavement on Jefferson
Street to the south curb line of 1,iadison Street, the same
to be known and desienated as Unjt 'No. 5-54.
Corwin. Street from the south curb line on ;eadison Street
to the north line of Block 10 and 11, the original townsite
of the City of ':;ichita Falls, the same to be known and
designated as Unit _ o. 6-54.
15th Street from the west property line of Austin Street
to the east property line of Lamar Street, the same to be
known anb desi_gnatcd es Unit 'o. 7-54
Fourth :Street from the east property line of Tr: vis Street
to the west property line of Lamar Street, the sane to be
known and designated as Unit No. 8-54.
Harvard Avenue from the south property line of 21st Street
to the south property line of 22nd Street, the sarre to be
known and designated as Unit `io. 9-54.
Hollywood venue from the east property line on Fayes
Street to the east property line of Garfield Street, the
same to be ;flown and esiTna.ted. as U.et °..:o. 10-54.
Homes Avenue from the south property line of Sullivan Street
to the north property line on Humphreys Street, the same to
be known end designated as `;:Snit 11-54.
ui p ir'eys Street from the south prolongation of west line of
Lot 3, block 13, Bateson e,cre Lots to the west curb line of
Cleveland Avenue, the sane to oe known and designated as
Unit No. 12-54.
Juarez Street from the west property line of Homes Avenue
to the west curb line of Redwood Avenue, the same to be
known and d.esir.na.ted as Unit \o. 13-54.
7''"arshall Street from the south property line of _.cGregor
Street to the north curb line of Railroad Avenue, the same
to be known and desi;-na.ted as Unit No. 14-54.
i;cGregor Avenue from 0 feet west of west property line
of Grace Street to 100 feet east of east property line of
bridwell Street, the sane to be known and designated as
Unit _To. 15-54.
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 d.es_ienated as Unit to. 16-54.
Sixth 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 i',o. 17-54.
orth Tenth 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 ;'o. 18-54.
2-
orth Tenth Street from the east property line of Linwood
Avenue to the east curb lino of Vermont :-venue, the same
to be known end_ desi,°nated as .'n _t o. 1()-54 .
Thirteenth "street from the west property line of Travis
Street to the east property line ofustin Street, the
same to be known and desi.gnatec? as Unit '`o. 20-54.
Thirteenth Street from the ri;_st nroperty line of t{ustin
Street to the east property line of iurnett Street, the
same to be known and desi-nated as Unit c. 21-54.
Sell street from 10.5 feet south of north property :Line
of :'.venue K to 16.5 feet lout'_ of north property line of
avenue L, the sn}re to be 'r o;-n and designated as Unit
I.ro. 22-54.
22nd Street from the vest curb line of Grace Street
to 5 feet east of the east property line of t3ridwell
Street, the same to be knolAn and designated as Unit No. 23-54.
U elch Street from the west property line of Homes avenue
to the west curb line of redwood avenue, the same to oe
known and desi _ria.ted as Unit ho. 24-54.
Yest one-half Travis Street (leave out) from the north
property line of 13th Street to a point 7C: feet north of
said north property- line, Lhe same to be known and
designated as Unit _do.
iridwell Street from 4 feet soutb of south property line
of 23rd Street to north property line of .'rdath .venue,
the same to be known and desi -nated as Unit ho. 2c-54•
Vermont Avenue from south Property line of i,orth Tenth
Street to F. C: 2. C. Railroad south right-of-way line,
the same to be known end designated as Unit Fa. 27-54.
Indiana .'venue from 10 feet north of south property line
of Front Street to 14 feet Bout: of north property line
of Fourth Street, the same to be known and designated as
Unit J.Jo. .2 -54.
3.3. Each of the hereinabove described and enumerated portions of
streets, avenues and public places in the C.t ,of . i.chita Falls, Texas, known
and designated as Unit :os. 1-54, 2-54, 3-5177-54, 0-54, 9-54., 10-54, 11-54,
12-54, 13-54, 14-54, 15-54, 16-54, 18-54, 19-54, 22-54, 23-54, 24-54., and
26-54, be improved uJ.v rai sine;, a-ading and filling same, by constructing and
installing concrete curbs and gutters where same are not already constructed,
on proper grade and line, and by constructing; thereon a six inch fle, ible base
course with a one and one-half inch asphaltic surface, said asphalt surface
to be Type "S" sn;.,attic Concrete, lot 7ix Asehaltic Concrete, r_ot T ix Cold
Lay Asphaltic Concrete, or Tuadr.uple Inverted Penetration As,ehalt, the exact
type of surface to be later determined and decided upon.
3-
each of the hereinabove described end enumerated portions of
streets, avenues and public places in the City of ?:'ichita Falls, Tex=ts, knolm
and designated as Unit Nos. 4,54, 7-54, -54, 17-54, 20-54, 21-54, 27-54, and
2 -54, 'u e improved by raising, grading and filling same, by constructing and
installing concrete eurbs and gutters there same are not already constructed,
on rror_,er -rade and line, and by constructing t} neon a seven inch flexible
base course with a one and one-half inch asphaltic surface, said asphalt sur-
face to be Type "0" Asphaltic Concrete, Hot _'ix :Asphaltic Concrete, Hot Ylx Cold
Lay As. haltic Concrete, or fluadruple Inverted Penetration Asphalt, the ex act
type of surface to ue later tetermined and decided upon.
a_ch of the hereinabove cescr. iced end. enumerated portions of streets,s,
avenues and business nieces in the City of :'ichita Falls,s, known and
designated as Unit le. 25-54, Le imnrOvod by raising, `'r u_nL and f'.iL . e same,
by installing and constructing thereon curess end gutters, where sane are not
already constructed, on proper grede 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 Type 'L ',soh lti c Concrete, Tot haltic oncrcle, Hot ' ix
Cold Lay Asphaltic Concrete, or '•ladruple inverted penetration sphait, the
exact type of surf: ce to be determined and decided. neon.
All of the hereinabove described improvements to be constructed to-
gether with incidentals and appurtenances, includi!ng storm sewers and drains, as
and There shown in the plans relating to said improvements and in strict accord-
ance with the plans and sp-:cific:.:tions therefor.
4. Payment for such i, provements shall be made in the follo:ring manner,
tc-wit;
a) The abutting property Lnd the o ,Hers thereof shall be assessed
and pay for not exceeding all of the cost of curbs and gutters plus nine-tenths
9/1.0ths) of the remaining cost of the improvements in the unit upon which
such property is situated.
b) Ater 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 " ichita 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 the improvements in the unit on which the respective properties abut and
that 'here 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;x) per cent of the total cost of the improvements.
The City of 'Pic'hita Falls, Texas, will nay for that portion of the cost of the
improvements whl c'h is not assessed a`rairist the abutting nro'a rt y and the owners
thereof.
The amounts napable by the eouttinp 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 li_a,oility of the owners of said property.
4-
5. assessments against abutting property and the owners thereof shall
bear interest at the rate of six per centui (6M per annum, payable annually
except 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 a:.s_:.essments shall be payable in five (5) equal install-7
ments, due respectively on or before ten (10) days, one (1), two (2), three (3)
and four (4) years after completion and accer.tance of the improvements in the
unit for which the particular as essaent 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 certificate issued in evidence of the particular assessment,
the entire assessment in connection with which default is made shall mature
and become clue and payable, toether with reasonable attorney's fees and costs
of collection, if incurred.
6. 1t 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 -;1.4,000.00. This amount is sufficient to pay the
City's portion of the cost of all of the improvements herein ordered. Since
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 la). 1-54 snail have first priority, Unit ': o. 2-54,
second priority, et cetera. it is contemplated that in many units several
parcels of abutting property will be exempt from the lien of special assess-
ment and that the owner or owners of such property ':.ri .l not satisfactorily
secure the payment of the cost of the- improvements so that skips and leave-
outs in some ssse h unit or units will ae 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 '. ichita Falls, Texas, to permit, however,
at least one fifty foot skin or leave-out per unit, provided such fifty foot
skip or leave-out does not occur at an intersection. This provision, or. a
revision similar hereto, will be inserted and made a part of any contract
awarded for the construction of the improvements.
7. 'o assessments shall be levied against any property or its owner
until after notice; and hearing as provided by law, nor in e:ncess of special
benefits to the particular 'property resultin.- frost the improvement for which
assessment is levied.
8. T•rocecdir Ts shai.1 he taken and assessr:eats nevied pursuant to and
in accordance with the law passed at the First Called ;es_i.on of the ± ortieth
Legislature of the it_te of Texas in 1927, shown as Chapter 106 of the nets
of said session, Lo ether with any amendments of said ect, such ..ct uein shown
as f_rticle 1105e of V'ernon's nexus Statutes, which _.ct, to o her with
all , , ;ndrents theret0. has here..') .re J en inicorC%ors.ted in end made a part
of the the 1 t... of s, Texas.hE Charter of rle v.,l. O. i.C'iitci _'^,_ fi.
9. The City Cllr' is c irectad to prepare, sien and file with the County
Clerk Of : liu County, rCXc'^, a notice in accordance with the provisions of
he et passed b' he Fifth flailed Cession of the Forty-First T _Ti. LoV UrPof
the Tate of TOYS na1 shown as Chapter 21 of the acts of s• c_i session of the
legislature, said _ ct having peen passed in the year 1930.
5-
10. iach unit herein ordered i -proved sall be and constitute a
separate and independent unit of imnrovemont, and thc ass:,s - cnts herein -,:rp-
vided for shal3 be mde for thc 7imroveents in each ul.it accordino to the cost
of the imorovem.:nts in that unit, i.hd Lndebendeot o L the costF and o2 the bene-
fits arisino "rool he 1: -:,rove-ents in any other unit.
11. The improvements ce onatod abuttin: any proporty exempt from
the lien of special Es-,, ss-ients for street improvements unless tho o•iner or
o-::nors of such property shall stisfactoril7 secure payment.the o, nor
or owners of any nroperty eJoml,t from the lien of !,,pcial assose-ent fail to
satifLctorily cre po-m-ent for the lerovem.onts to Le constructed, thmr, the
Cit7 or Texas, 7E. deter me twat no i-Trovements of any n. turo
whatsoever will be constructed .)11. that init.
12. The C:ty Clerk is hereby (2irected to adveruise for bids for -CrE
construction of the improvements hereinasove mentioned, %hien said advertise-
ment shall be published pursuant to and in accordance with the terms and pro-
visions of the ChlIrtor of the City of icnita Falls, lexas, and the laws of
the StAe of Te:zes.
13. he ,eneral prevailin- rates of per diem_ and foi ica1 oliday and
o-rertime work in this localit:: for each craft or type of Jerk man or mechanic
needed to execute the contract for suci-, improvements are L';', set out in the
specifications roiatinr to such improvements and are hereby adopted and
approved. Said prevailin l. rates of per diem wa-,es arid 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 efZect
immediately from and after its passage.
1Pit0023, this 2.th day of 1954.
1 e
ayor
oTmTeT,
I
City Clerk
OVhDS TO
4444;\