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Res 168 11/26/1951S2 RESOLUTION ORDERING AND PROVIDING FOR THE IMPROVE- MENT OF A PORTION OF NORTH AUSTIN STREET IN THE CITY OF WICHITA FALLS, TEXAS, APPROVING AND ADOPT- ING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS, APPROVING AND AWARDING SUPPLEMENTAL CONTRACT TO STUCKEY CONSTRUCTION COMPANY FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS, ORDERING THE EXECUTION THEREOF, DIRECTING THE ENGINEER TO PREPARE AND FILE ESTIMATES OF THE COST OF THE IMPROVEMENTS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. 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 improv- ing and paving of a Portion of North Austin Street hereinafter described, and said Plans and Specifications are here now before the Board of Aldermen and have been fully examined and found to be in all matters and things proper and correct; and, WHEREAS, competitive bids for the making and construct- ing of said improvements were duly 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, and the bid of Stuckey Construction Company, Contractors of Wichita Falls, Texas, was found to be the lowest and most advantageous; THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. The Plans and Specifications for the improvement of that portion of North Austin Street hereinafter described, to wit: NORTH AUSTIN STREET, from the east property line of North Brook Avenue to the north pg.6446-ty line of Warren Street, SAVE AND EXCEPT the intersection of North Austin Street with Wichita Street, to be known and designated as Unit No. 63-A, be, and the same are hereby adopted and approved. II. It is hereby determined that it is necessary that said hereinabove described portion of North Austin Street be improved by raising, grading and filling same, by constructing and installing concrete curbs and gutters, where same are not already constructed on proper grade and line, and by construct- ing thereon a seven inch flexible base course with a one and one-half inch Type "Qn-Modified Asphalt Pavement Surface, together with incidentals and appurtenances, including storm 1 sewers and drains, as and where shown on the Plans relating to said improvements and in strict accordance with the Plans and Specifications therefor. III. 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. b) After deducting the amounts assessed against and paid by the abutting property and the owners thereof, the remain- ing cost of said improvements shall be paid for by the City of Wichita Falls, Texas. It is contemplated that where the property abutting the portion of North Austin Street to be improved fronts on said portion of North Austin Street, said abutting property and the owners thereof shall be assessed and pay for not more than seventy-five per cent (75%) of the total cost of the improve- meats and that where the property abutting the portion of North Austin Street to be improved does not front on said portion of North Austin Street, abutting property and the owners thereof shall be assessed and pay for not more than sixty per cent (60; ) 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 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. IV. Assessments against abutting property and the owners thereof shall bear interest at the rate of six per centum (6%) 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 assessments shall be payable in five (5) 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 such improvements, 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 certificate 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. V. 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 result- ing from the improvement for which assessment is levied. 2 - f. VI. . 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, shoes. 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. 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 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. VIII. 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 satis- factorily 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 con- structed, then the City of Wichita Falls, Texas may determine that no improvements of any nature whatsoever will be constructed. IX. Supplemental contract for the making and construction of the street improvements hereinabove described, having been examined and found to be in all matters and things proper and correct, same be, and it is hereby, adopted and approved. X. The work of making and constructing such improvements and the supplemental contract therefor is hereby awarded to Stuckey Construction Company, which said supplemental contract is dated this date and is on file with the City and has hereto- fore been executed by Stuckey construction Company and the City Manager is hereby authorized and directed to execute same in the name of the City of Wichita Falls, Texas, and the City Clerk is authorized and directed to attest same and to impress the corporate seal of the City thereon. XI. To provide for the payment of the indebtedness to be incurred by the City of Wichita Falls, Texas, an appropriation has heretofore been made for the construction of certain street improvements on, among others, that portion of North Austin Street hereinabove described, as well as an additional portion of said North Austin Street, which said appropriation be, and z the same is hereby, ratified, confirmed and approved, same being deemed sufficient to pay for the City' s portion of the cost of the improvements herein ordered on that portion of North Austin Street hereinabove described. 3 i , XII. The Engineer for the City of Wichita Falls, Texas be, and he is hereby, ordered and directed to file with the Board of Aldermen estimates of the cost of such improvements in accord- ance with the terms of the powers and provisions of the Charter of the City of Wichita Falls, Texas. XIII. This resolution shall take effect and be in force and effect immediately from and after its passage. PASSED AND APPROVED, This 26th day of November, A. D., 1951. Amin, v.yor 1 City of Wichlira Falls, Texas ATTE . doe, OP P City Clerk APPROVED AS TO FORM: 6r (l‘it 4 , City Aktorney. 4 -