Res 326 5/12/1958ESO LJS !tJN �i�UdVIBE 2_v '
!,, p.FSGLUTION DECLARING THE TtEC+ SSITY OF I11,iPR0UTT1TG THE
FOLLO1,3ING NIGH: "LW IN THE CITY OF 1, ICHITA FALLS, TEf --�AS9 TO -`UTT:
THiI.TEEI,UH STREET ( 13th St.) FRUC l THE AST PR0P RT`_ LINE' 0_7
SCOTT AVENUZ TO THE �,VEST PROFi;PTY LINE OF INDIANA - AVE "NU ;
MATING THE. N!\.TUKTs' OF SUCH IvFR0V— Ezil,YTS.9 DTRECTING THE CITY
TO HAVE PRE,10 II ED PLANS NND SPECIF ICAT.IONS AM ST I-
LML0T`ES OF THE COST GF SUCH 11M CV ii ITS AID �J S k TT iT1Cr CUT T Hip
T,L ANNER IN "iH ICH SUCH I A,iH OV : _LT T S ARE, TO DE PAID F OF .
BE IT 71,¢FS0=D DY THE iBOPRD OF ALDEI Iu1EN OF THE CITY OF
b'lICMITA FALL S, =E�,AS :
That a public necessity exists for the improving of the
ollowing public highway and streets in the City of 171chita
Falls, Tczas, as hereinafter provided:
Thirteenth (13th) Street from the Fast Property
Line of Scott Avenue to the '?�Test Property Line
of Indiana Avenue.
Said portions of said street shall be improved by raising,
grading, and by filling same, and by installing cement con-
crete curbs and gutters and storm sewers and drains where
necessary, and by paving with one or more of the following
types of materials, to -wit.
"Reinforced concrete paving in accordance with the
plans and specifications to be prepared as herein
ordered. "
The City 11anager is hereby directed to have plans and
spec is ications prepared for such }ngprove eats.
The City ?.Tanager is hereby dirocted to have estimates of
cost of such improvements before the hearing relating hereto
is held and before any of such improve rents are actually
constructed .
Payment for such improvements shall be made in the follow-
ing manner:
(a) aiIways
said streets and
assessed for all
rails and tracly ,,s
and two (2) feet
using, occupying or crossing
avenues to be unproved shall
the cost of worl,, in the area
doable tracks, turnouts, an
on each side thereof.
any portion of
pay for and be
between their
sw i tches ,
(b) The abutting property and OvMers thereof shall pay
and shall be assessed for all the cost of constructing curbs
and gutters in front of such respective property and a mart
of the remaining cost of such improvements, after deducting
the amounts to be paid by railway companies under sub-para-
graph (a) above, provided that such part of the costs as-
sessed to the abutting property or the owners thereof shall
in no case exceed 7Y:1 of the cost of the improvements p lus
the cost of the cure and gutter, it being herein set orth
that this resolution is intended to include all the rights,
pov-jers, and privileges a l lowed a city under the provisions
i.
of Article 1105 -B, Vernonts Civil Statutes of Texas, and
in cases where it is not satisfactorily shown to the Board
of Aldermen of the City of 171chita 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 V11chita Falls, Texas,
shall find that such plan or basis would result in in-
justice 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 re-
ceived 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.
(c) The remaining cost of said improvements, after
deducting the sum finally assessed against the railway
companies, as provided in sub - paragraph (a) hereof, and
against the abutting property and owners thereof under sub-
paragraph (b) hereof, shall be paid by the City of Vichita
Falls.
The amounts to be paid by and assessed against railway companies
as herein provided, shall be paid on estimates or statements an or
before ten days after completion of the work and acceptance thereof
by the city, and shall bear interest from the date of acceptance
by the city at the rate of 61,�.' per annum until paid by such railway
company. The amounts to be assessed against and to be paid by
abutting property and the owners thereof in each unit shall be pay-
able in five (5) equal installments, due as follows, first install-
ment 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 19 2, 3 and 4 years from the date of the completion
of the work and acceptance of 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 615 per annum, payable annually, with provision that if de-
fault 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.
A
PASSED AND APPRC}tI'ED this 12th day of May, A. D. 1958.
enoerson, (:;ty c ter
d
K. C. SPELL, iUrAY F�