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Res 119 3/26/195111 RESOLUTION DETERMINING THE NECESSITY FOR AND ORDERING A PORTION OF ALMA STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES, ALLEY AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, IMPROVED, ADOPTING PLANS AND SPECIFICATIONS THEREFOR, ACCEPTING THE BID OF STUCKEY CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS, DIRECT- ING THE CITY ENGINEER TO PREPARE AND FILE ESTIMATES OF THE COSTS THEREOF, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. WHEREAS, the engineer for the City of Wichita Falls, Texas, has heretofore prepared plans and specifications for the lconstruction of certain street improvements on the hereinafter described and designated portions of streets, avenues, alley and public places in the City of Wichita Falls, Texas, and same are here now before the Board of Aldermen and have been I fully examined; and, WHEREAS, competitive bids for the making and construct- ing of the said street improvements have been advertised for in the manner and for the length of time and in the form required and provided for by the City Charter and the law in force and effect in the City of Wichita Falls, Texas; end, WHEREAS, bids were duly received, were fully tabulated, canvassed and considered, and the bid of Stuckey Construction Comoany, contractors of the City of Wichita Falls, Texas, was found to be the lowest and most advantageous; THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF TEE CITY OF WICHITA FALLS, TEXAS, TEAT: I. It is hereby determined that it is necessary that the improvements herein provided for be made and, constructed. II. Plans and specifications for the improvements herein provided for are hereby adopted and approved. Each of the following portions of streets, avenues and public places be improved by raising, grading and filling same and by installing and constructing thereon concrete curbs and Lgutters where not already constructed on proper grade and line and by paving same with a Type NH-Modified Asphalt Pavement on Crushed conglomerate flexible base; said portions of streets, avenues and public places being as follows, to wit: 1 - ALMA STREET, from the south property line of CollinsLvenuetothenorthpropertylineofPearlAvenue, to be known land designated as Unit No. 25* BALTIMORE ROAD, from the south property line of York Avenue to the south property line of Lafayette Avenue, to be l; known and designated as Unit No, 26; BELL STREET, from the south property line of Avenue nE" to the north property line of Avenue It'll SAVE AND EXCEPT the intersection of Bell Street with Avenue "F", to be known and Jdesignated as, Unit No. 27; BELL STREET, from the south curb line of Avenue nCn to the north property line of Avenue "Dn, to be known and designated as Unit No. 28; BLUFF STREET, from the north property line of Fourth Street to the north property line of Sixth Street, to be known land designated as Unit No. 29; 1 BLUFF STREET, from the south property line of Fifteenth Street to the north property line of Seventeenth Street, SAVE AND EXCEPT the intersection of Bluff Street with Sixteenth Street, to be known and designated as Unit No. 30; BONNER STREET, from the east property line of Redwood Avenue to the west property line of Rosewood Avenue, to be known and designated as Unit No. 31; BROAD STREET, from the south property line of Twelfth Street to the north property line of Sixteenth Street, SAVE AND EXCEPT the intersections of Broad Street with Thirteenth Street, Fourteenth Street and Fifteenth Street, to be known and desig- nated as Unit No. 32; CHEROKEE STREET, from the south property line of Speedway Avenue to the north curb line of Woodrow Avenue, to be known and designated as Unit No, 33; WOODROW AVENUE, from the east property line of eherokee Street west a distance of 160 feet to the existing pavement, to be known and designated as Unit No, 34; AVENUE "F", from the east property line of Britain Street to the west property line of Harrison Street, to be known and designated as Unit No. 35; FIFTH STREET, from the west property line of Travis Street to the east property line of Burnett Street, SAVE; AND EXCEPT the intersection of Fifth Street with Austin Street, to be known and designated as Unit No. 36; NORTH FIFTH STREET, from the west edge of the pavement on North Broadway to the east curb line of Grand Avenue, to be known and designated as Unit No. 37; FLOOD STREET, from the east property line of Rosewood Avenue to the west curb line of Neff Avenue, to be known and desig- nated as Unit No. 38; 2 1 FOURTH STREET, from the west curb line of Bluff Street to the east curb line of Broad Street, to be known and designated as Unit No. 39; GARFIELD STREET, from the south property line of Ninth Street to the north property line of Tenth Street, to be known and designated as Unit Do. 40; HAYES STREET, from the south property line of Ninth Street to the north property line of Tenth Street, to be known 1 and designated as Unit No. 41; AVENUE "I", from the west property line of Taft Street to the east property line of Monroe Street, to be known and designated as Unit No. 42; AVENUE "J", from the west edge of tne pavement on urant Street to tne east property line of Hayes Street, SAVE ADD EXCEPT the intersection of Avenue "J" with Tilden Street, to be known and designated as Unit Na. 43; JALODICK STREET, from the east property line of Virginia Avenue to tne west curb line of Edwards Avenue, to be known and designated as Unit No. 44; JUAREZ STREET, from the east property line of Redwood Avenue to the west property line of Rosewood Avenue, to be known and designated as Unit No. 45; McuREuOR AVENUE, from the west property line of Holliday Road to the west property line of Grace Street, to be known and designated as Unit No. 46; NEFF AVENUE, from the south property line of Tulsa Street to the south property line of Flood Street, to be known and designated as Unit No. 47; PENNSYLVANIA ROAD, from the soutn property line of York Avenue to the north curb line of Lexington Avenue, to be known 1 and designated as Unit No. 4 ; AVENUE "R", from the west edge of the pavement on Grant Street to the east property line of Wenonah Avenue, to be known and designated as Unit No, 49; REDWOOD AVENUE, from the north edge of the pavement on Flood Street to the south curb line of Woods Street, to be known 1 and designated as Unit No. 50; TULSA STREET, from the west pro'eerty line of Redwood 1' Avenue to the west property line of omen Avenue, to be known and designated as Unit No. 51; TULSA STREET, from the east property line of Rosewood Avenue to the west curb line of Holland Avenue, to be known and designated as Unit No. 52; SIBLEY AVENUE, from the east property line of Broad Street to an imaginary line drawn perpendicularly across Sibley Avenue at a point 405 feet east of the east property line of 1 Broad Street, to be known and designated as Unit No. 53; TYLER STREET, from the south property line of Roberts Avenue to the north property line of Ninth Street, SAVE AND EXCEPT the intersection of Tyler Street with Eighth Street, to be known and designated as Unit No. 54; 3 r- 1, r IAMPSTEAD LANE, from the east property line of Taft Boulevard to the west property line of Milby Avenue, to be known and designated as Unit No. 55; TWENTIETh STREET, from the south property line of Sibley Avenue to the west curb line of Burnett Street, to be known and designated as Unit No. 5 ; MILBY AVENUE, from the north curb line of Avenue "Xn to the end of present pavement 50 feet south of Fain Street, to be known and designated as Unit No. 59. Tne following portion of Arthur Street be improved by raising, grading and filling same and by constructing thereon a reinforced concrete pavement with integral curbs, to wit: ARTnUR STREET, from the south property line of Avenue to the nortn right-of-way line of Wichita Valley Railway SAVE AND EXCEPT the intersection of Arthur Street with Avenue T", to be known and designated as Unit No. 56; Tne following portion of Burnett-Bluff Alley be improved by raising, grading and filling same and by constructing thereon a reinforced concrete pavement, together with curb as and where shown and provided for on the plans relating to such improvements, to wit: BURNETT-BLUFF ALLEY, from the south property line of Sixth Street to the north property line of Seventh Street, to be known and designated as Unit No. 57. All of the hereinabove mentioned improvements are to be constructed together with incidentals and appurtenances, including storm sewers and drains as and where shown on the plans and in strict accordance with the plans and specifications now on file with the City. IV. Tne bid of Stuckey Construction Company for the making and constructing of the improvements herein provided for be, and is hereby, accepted by the City of Wichita Falls, Texas, and the City Attorney is hereby directed to prepare a contract to be entered into by and between Stuckey Construction Company and the City of Wichita Falls, Texas, for the making and con struction of such improvements. The prevailing wage rates of Per diem wages and for legal holiday and overtime work are set out in the specifications relating to such improvements and are hereby made mandatory in the contract to be awarded for the construction of sucn improve- ments. V. The City Manager is hereby directed to have the Engineer for the City to prepare estimates of the costs of the improve- ments herein provided for. VI. 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 abutting their respective properties, plus nine- tenths (9/loths) of the remaining cost of the improvements in 4 - 41 the units on which the respective properties abut, but excluding any part of the cost of storm sewers and drains. b) The remaining portion of the costs of the improve- ments shall be paid for by the City of Wichita Falls, Texas. It is contemplated that in no case shall the abutting property and the owners thereof be assessed for more than seventy-five per cent (75%) of the total cost of the improve- ments plus the cost of curbs and gutters and that any portion of the cost not assessed against abutting property and the owners thereof will be paid for by th4 City of Wichita Falls, Texas. VII. 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 hereto- fore been incorporated in and made a part of the Charter of the City of Wichita Falls, Texas. VIII. 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. IX. Assessments against abutting property and the owners thereof shall bear interest at the rate of six per cent (6%) per annum, payable annually except as to installments maturing in less than one year, which shall be payable at the maturity of the installment so payable; that said assessments shall be payable in five equal installments, due respectively on or before ten (10) days, one (1) , two (2) , three (3) and four (4) 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 when due, then at the option of the owner and holder of the certi- ficate issued in evidence of the particular assessment, the entire assessment in connection with which default is made shall mature and become due and payable, together with reasonable attorneys' fees and costs of collection, if incurred. X. 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. XI. Each unit herein ordered improved shall be and con- stitute a separate and independent unit of improvement, and the assessments herein provided for shall be made for the improve- ments in each unit according to the cost of the improvements in that unit, and according to the benefits arising from the improvements in that unit, and independent of the costs and of 5 - 11; ill, ti a! s r the benefits arising from the improvements in any other unit. XII. The improvements may be omitted abutting any property exempt from the lien of special assessments for street improve- ments unless the owner or owners of such property shall sat- isfactorily secure payment. XI I I. This resolution shall take effect and be in force and / effect immediately from and after its passage. PASSED , I APPROVED, this ` O day of',//4.40P 1951. Amor ayo , City of Wichita ..11s, Texas ATTEST: 1 City Clerk. a 3 APPROVED AS TO F CRIA.: City Attorney. 1 4V ij 1 il. S 6 - tl