Res 112 2/26/1951l 1
THE STATE OF TEXAS
COUNTY OF WICHITA
On this the 26th day of February, 1951, the Board of
Aldermen of the City of Wichita Falls, Texas, convened in
regular session at its regular meeting glace in said City, all
members thereof, to wit:
Harold Jones Mayor
Lloyd C. Thomas Alderman
Roy W. Parish Alderman
J. R. Ray Alderman
R. A. Putman Alderman
R. J. Brown Alderman
J. B. Nickerson City Clerk
Frank Wood City Manager.
J. Walter Friberg City Attorney
being present. Among other proceedings had was the following:
Alderman Thomas read to the Board of
Aldermen Resolution styled:
RESOLUTION DETERMINING THE NECESSITY FOR AHD ORDERING
AND PROVIDING FOR TiE IMPROVEMENT OF A PORTION OF PARK STREET
IN THE CITY OF WICHITA FALLS, TEXAS, KNOWN AND DESIGNATED AS
UNIT OR DISTRICT NO. 10-A, APPROVING AND ADOPTING PLANS AND
SPECIFICATIONS FOR SUCH IMPROVEMENTS, APPROVING AND ADOPTING
ATTENDED CONTRACT WITH STUCKEY CONSTRUCTION COMPANY FOR THE MAKING
AND CONSTRUCTION OF SUCH IMPROVEMENTS, MAKING PROVISION FOR THE
LEVYING OF ASSESS:TENTS AGAINST ABUTTING PROPERTIES Ai D THE OWNEPS
T=HEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS AND THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESS-
MENTS, DIRECTING THE CITY ENGINEER TO PREPARE ESTIMATES OF THE
COST OF SUCH IMPROVEMENTS, AND PROVIDING SUNDRY OTHER MATTERS
INCIDENT THERETO"
and then moved that such Resolution be adopted. The motion was
seconded by Alderman Brown The :notion was
put and carried by the following vote:
AYES: Aldermen Thomas, Parish, Ray, Putman. and Brown.
NAYES: None.
The Resolution follows:
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RESOLUTION DETERMINING THE NECESSITY FOR AND ORDERING
AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF
PARK STREET IN THE CITY OF WICHITA FALLS, TEXAS,KNOWN
AND DESIGNATED AS UNIT OR DISTRICT NO. 10-A, APPROVING
AND ADOPTING PLANS AND SPECIFICATIONS FOR SUCH IMPROVE-
MENTS, APPROVING AND ADOPTING AMENDED CONTRACT WITH
STUCKEY CONSTRUCTION COMPANY FOR THE FAKING AHD CON-
STRUCTION OF SUCH IMPROVEMENTS, MAKING PROVISION FOR
THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPrFTIES
AND THE OWNERS THEREOF FOR A PART OF TIME'' COST OF SUCH
LMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CT'RTIFICATES
IN EVIDETCE OF SUCH ASSESSMENTS, DIRECTING THE CITY
ENGINEER TO PREPARE ESTIMATES OF THE COST OF SUCH
IMPROVE EI•TTS, AND PROVIDIYG SUNDRY OTTER =TATTERS
INCIDENT THERETO.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF T`-?F CITY
OF WICHITA FALLS, TEXAS, THAT:
I.
There exists a public necessity for the improvement
of the following described portion of Park Street in the City
of Wichita Falls, Texas, to wit:
PARK STREET, from tl'e north line of Lot 14, Block 5
Boyd Subdivision of Granger Park Addition to the north
property line of Flood. Street, known and designated. as
Unit or District No. 10-A.
II.
The above described portion of Park Street in the City
of Wichita Falls, Texas is hereby ordered to be improved by
raising, grading and filling same, making and installing con-
crete curbs where such curbs are not already installed on proper
grade and line and by constructing thereon a six inch reinforced
concrete pavement, together with incidentals and appurtenances,
including sidewalks and storm sewers and drains where same are
shown and provided for on the plans, all of which improvements
are to be constructed where shown and in strict accordance with
the plans and specifications now on file with the City.
III.
The plans and specifications for such improvements
prepared by the City Engineer and now on file with the City
are hereby adopted and approved.
IV.
Bids having been duly advertised for and received and
contract having befa entered into with Stuckey Construction
Company on thec.2% day of June, 1950, said company having
submitted the lowest and most advantageous bid, and said contract
having been this day amended so as to properly describe the
portion of Park Street herein ordered improved by ordinance
passed by the Board of Aldermen of the City of Wichita Falls,
Texas of even date herewith, said contract as so amended is
hereby adopted and approved.
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V.
The cost of the improvements on the hereinabove des-
cribed portion of Park Street shall be paid for as follows,
to wit:
a) The abutting property and the owners thereof shall
be assessed and pay for not exceeding nine-tenths (9/10ths)
of the cost of the improvements.
b) After deducting the amounts to be 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.
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
and shall be payable in installments as follows, to wit:
When the improvements are completed and accepted by the
City, the sums assessed against property abutting thereon shall
be and become due and payable in five (5) equal installments
due respectively on or before ten (10) days, one (1) , two (2) ,
three (3) and four (4) years from the date of such completion
and acceptance. The entire amount assessed against the par-
ticular parcels of property shall bear interest from the date
of such completion and acceptance of the improvements at the
rate of six per centum (6%) per annum, payable annually, pro-
vided that any owner shall have the right to pay any and all
of such installments at any time before maturity by paying
principal, with interest accrued to the date of payment, and
further provided if default be made in the payment of any
installment promptly as the same matures, then at the option
of Stuckey Construction Company or its assigns, the entire
amount of the assessment upon which such default is made shall
be and become immediately due and payable, together with
reasonable attorneys' fees and costs of collection, if incurred;
but it is specifically provided that no assessment shall in
any case be made against any property or any owner thereof in
excess of the special benefits to property in the enhanced
value tnereof by means of said improvements, as ascertained
at the hearing provided by the law in force in the City, nor
shall any assessments be made in any case until after notice
and hearing as provided by law. Said assessments against the
respective lots and parcels of property and the owners thereof
shall be evidenced by certificates of special assessment
which shall be executed in the name of the City of Wichita
Falls, Texas, and delivered to Stuckey Construction Company.
VI.
The improvements provided for herein shall be made and
constructed, notice given, hearing held and assessments levied,
and all proceedings taken and had in accordance with and under
the terms of the powers and provisions of Chapter 106 of the
Acts of the First Called Session of the Fortieth Legislature of
the State of Texas, now shown as Article 1105b of Vernon' s
Texas Civil Statutes, which law has been adopted as an amendment
to and made a part of the Charter of the City of Wichita Falls,
Texas, and under which law these proceedings are taken and had.
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VII.
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 at 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.
VIII.
The City Engineer of the City of Wichita Falls, Texas
be, and he is hereby, directed to file with the Board of Alder-len
of said City estimates of the cost of such improvements in
accordance with the terms of the Dowers and provisions of
Chapter 106 of the Acts of the First Called Session of the
Fortieth Legislature of the State of Texas, now shown as Article
1105b of Vernon' s Texas Civil Statutes, which law has been
adopted as an amendment to and made a part of the Charter of
the City of Wichita Falls, Texas.
IX.
This resolution shall take effect and be in force
immediately from and after its passage.
PASSED AND APPROVED This 26th day of February, 1951.
CITY OF WIC- ITA. FALLS, TEXAS
ATTEST:
BY-'" df I 9
C*` -
0 L L
Mayo l
City Clerk
APPROVED AS TO FORM:
City Attorney.
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