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Ord 1986 5/28/1962 ORDINANCE NO. ? . ORDINANCE AWARDING CONTRACT FOR THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS` ON A PORTION OF BONNER STREET AND PORTIONS OF SUNDRY OTHER STREETS AND AVENUES IN THE CITY OF WICHITA FALLS, TEXAS, DES- IGNATED AS "GROUP I 61", PROVIDING FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF TO DEFRAY A PORTION OF THE COST OF SAID IMPROVEMENTS, MAKING AN APPROPRIATION FOR THE INDEBTEDNESS TO BE INCURRED BY THE CITY OF WICHITA FALLS, TEXAS IN CONNECTION WITH SAID CONTRACT, DIRECTING THE CITY CLERK TO FILE NOTICE OF ASSESSMENT LIEN WITH THE COUNTY CLERK OF WICHITA COUNTY, TEXAS, DIRECTING THE ENGINEER FOR THE CITY TO PREPARE ESTIMATES OF THE COST OF THE IMPROVEMENTS, PROVIDING SUNDRY OTHER MATTERS INCIDENT THERE- TO, AND DECLARING AN EMERGENCY. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas has heretofore ordered that each of the hereinafter described portions of streets and avenues in the City of Wichita Falls , Texas, be improved by raising, grading and filling same, and by further constructing thereon the improvements hereinafter specified, to_wit: The hereinafter described streets designated as Units 20, 21 and 22 shall be further improved by constructing thereon a 6 inch reinforced concrete pavement and 8 inch monolithic curb and gutter. The hereinafter described streets and avenues designated as Units No. 2, 3, 5, 7, 9, 10, 11, 12, 13, 14, 16 and 19 shall be further improved by constructing thereon a 6 inch Flexible Base course with a 12 inch Hot Mix Asphaltic surface, 6 inch curb and gutters and 6 inch Reinforced Concrete Valley Gutters. The hereinafter described streets designated as units 1 and 8 shall be further improved by constructing thereon a 6 inch Flexible Base Course with a 1i inch Hot Mix Asphaltic surface, 6 inch curb and` gutters, storm sewer inlets and 6 ' Reinforced Concrete Valley Gutter. The hereinafter described streets designated as Units 4 and 6 shall be further improved by constructing thereon a 6 inch .Flexible Base Course with a 12 inch Hot Mix Asphaltic surface and 6 inch curb and gutters. The hereinafter described street designated as Unit 18 shall be further improved by constructing thereon a 7 inch Flexible Base Course with a 12 inch Hot Mix Asphaltic surface and 8 inch curb and gutter. The hereinafter described streets designated as Units 15 and 17 shall be further improved by constructing thereon a 7 inch Flexible Base Course with a l inch Hot Mix Asphaltic surface, 8 inch curb and gutters and 6 inch Reinforced Concrete Valley gutters. All of said portions of streets and avenues shall be improved, together with storm sewers and drains and other necessary incidentals and appurtenances as and where shown on the plans and in strict accordance with the Plans and Specifications therefore; said portions /of streets and avenues being described as follows,; to-wit: BONNER STREET: From the east end of pavement returns on Park Street to the west end of pavement returns on Redwood Avenue, to be known and designated as Unit No. 1; TULSA STREET: From the east curb line of Redwood Avenue to the east curb line of Homes Avenue, to be known and designated as Unit No. 2; / REDWOOD AVENUE: From the south property line of Woods Street to the North curb line of Tulsa Street, to be known and designated as Unit No. 3; .' MAPLE STREET: From the north property line of Second Street to the north boundary line of Lakewood Place Addition, to be known and designated as Unit No. 4; `� GERALD STREET: From the end of pavement returns on Rosewood '" Avenue to the east curb line of Holland Street, to be known and designated as Unit No. 5; x MITCHELL STREET: From the north property line of Elwood Street / to the north boundary line of Mitchell Addition, to be known and designated as Unit No. 6; HOMES AVENUE: From the end of pavement returns on State High- ,' way Loop 165 to the end of pavement returns on Marconi Street, to be known and designated as Unit No. 7; WOODS STREET: From the west property line of Redwood Avenue to the, west property line of Homes Avenue, to be known and desig- n. ted as Unit No. 8; HOLLAND STREET: From the north curb line of Tulsa Street to the north edge of pavement on Harding Street, to be known and designated as Unit No. 9; OZARK AVENUE: From the end of pavement returns on Hayes Street to the projection of the west property line of Garfield Street north of Avenue L, to be known and designated as Unit No . 10; v COLQUITT ROAD: From the south curb line of Hudson Avenue to the south property line of Lexington Avenue, to be known and desig- nated as Unit No. 11; LEXINGTON AVENUE: From the east property line Colquitt Road to the end of existing pavement at Colquitt Pennsylvania Avenue, to be known and designated as Unit No. 12; / LAFAYETTE AVENUE: From the west property line of Baltimore Road to the east property line of Sherman Road, to be known and designated as Unit No. 13; AVENUE Q: From the east property line of Monroe Street to the east property line of Polk Street, to be known and designated 78 Unit No. 14; BLUFF STREET: From the south property line of Seventeenth Street to the north property line of Eighteenth Street, to be known and designated as Unit No. 15; GRAND AVENUE: From the center line of alley between North Third and North Fourth to the center line of alley between North Fifth and North Seventh, to be known and designated as Unit No. 16; BLUFF STREET: From the south property line of Twelfth Street to the north property line of Thirteenth Street, to be known and designated as Unit No. 17; / BLUFF STREET: From the south property line of Sixteenth Street to the end of existing pavement 140 feet south of the south property fine of Sixteenth Street, to be known and designated as Unit No. 18; MARSHALL STREET: From the south property line of McGregor Street to the south curb line of Railroad Avenue, to be known and designated as Unit No. 19: NORTH HALF OF THIRTEENTH STREET: From 262.5 feet west of the west property line of Broad Street to 200 feet west of the west property line of Broad Street ( 62,5 feet long) to be known and desig- nated as Unit No. 20; -2- NORTH HALF OF SIXTEENTH STREET: From 105 feet west of the rest property line of Broad Street to the west curb line of Broad ,/ Street (126 feet long) , to be known and designated as Unit No. 21; NORTH HALF OF SIXTEENTH STREET: From 52.5 feet east of the east property line of Holliday Street to 105 feet east of the east property line of Holliday Street, to be known and designated as Unit No, 22; and, WHEREAS, bids were duly advertised for and received, were fully tabulated, canvassed and considered, and the bid of R. O . Green Con- struction Co. was found to be the lowest and most advantageous to the City of Wichita Falls , Texas; and, WHEREAS, a formal ontr ac t dated the day of ''t"--- , 196 C -'for the construction of the aforementioned impro `ements, has heretofore been executed by R. 0. Green Construction Co. and is now on file with the City and has been fully examined and found to be in all things proper; THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I . Contract for the construction of the hereinabove mentioned improvements is hereby let to R. 0. Green Construction Company, and the Mayor of the City is hereby authorized to execute said contract in behalf of the City and the City Clerk is hereby authorized to attest same and to affix the corporate seal of the City thereon. II . To provide for the payment of the indebtedness incurred by the City of Wichita Falls , Texas by said contract, there is hereby appropriated out of current revenues and funds available for such purpose, an amount sufficient to pay for the indebtedness so incurred. III . Proceedings shall be taken and assessments levied pursuant to and in accordance with the law passed at the First Called Session of the Legislature of the State of Texas in 1927, shown as Chapter 106 of the Acts of said Session, together with all amendments to said Act, such Act being now shown as Article 1105b of Vernon's Texas Civil Statutes, which Act has been made a part of the Charter of the City of Wichita Falls, Texas . IV. The cost of improvements in each unit shall be paid as follows, to-wit : (a) The abutting property and the owners thereof shall pay for not exceeding all of the cost of constructing curbs and gutters, plus nine-tenths (9/lOths ) of the remaining cost of such improvements. (b) After deducting the amounts to be paid by and assessed against such abutting property and the owners thereof, the remaining cost of the improvements shall be paid for in cash by the City of Wichita Falls, Texas. (c) The City of Wichita Falls , Texas will pay all of the cost of any improvements constructed on and abutting property owned by the City of Wichita Falls, Texas . V. The amounts payable by the abutting property and the owners -3- 9.. 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, 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 on a particular unit; the sums assessed against property abutting upon such completed and accepted unit shall be and become payable in five (5) equal installments due respectively on or before ten, (10) days, one (1) , two (2) , three (3) and four ( .)' years from the date of such completion and acceptance, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of completion and acceptance of such respective unit; the entire amount assessed against the particular parcels of property shall bear interest from the date of such completion and acceptance of the improvements on the unit upon which the particular property abuts at the rate of seven per cent (7%) per annum, payable anually, except as to install- ments maturing in less than one year, which shall be payable at the maturity of the installments so payable, provided 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 acrued to the date of payment, and providing further that if default be made in the Payment of any installment promptly as the same matures . then, at the option of the holder thereof, the entire amount of the assess- ment upon which such default is made, shall be and become immediately due and payable, but it is specifically provided that no assessment shall in any case be made against any property, or the owner thereof, in excess of the special benefits to property in the enhanced value thereof by means of said improvements in the unit upon which the particular property abuts, 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. VI. Each unit herein ordered improved shall be and constitute a separate and independent unit of improvement and the assessments herein provided for shall be made for the improvements„ 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 inde- pendent of the cost and of the benefits arising from the improvements in any other unit. VII. The improvements may be omitted abutting any property exempt from the lien of special assessments for street improvements unless the owner or owners of such property shall have satisfactorily secured payment of the cost of the improvements. VIII. 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, shown as Chapter 21 Qf the Acts of said Session, said Act having been passed in the year 1930, said Act being shown as Article 1220a of Vernon's Texas Civil Statutes. Ix. The City Engineer of the City of Wichita Falls, Texas be, and he is hereby, ordered and directed to file with the Board of Alder- men estimates of tie cost of such improvements in each unit in accord- - 4 - i ance with the terms and powers and provisions of Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, together with any amendments thereto, said Act now shown as Article 1lO5b of Vernonts Texas Civil Statutes, which Act has been adopted and made a part of the Charter of the City of Wichita Falls, Texas . X The general prevailing, rates of per diem and for legal holiday and overtime work in this locality for each craft or type of workman or mechanic needed in the performance of the contract herein let, are set forth and itemized in Section 40 on page 15 of the General Conditions of Agreement, contained in the Specifications and Contract Documents for the aforementioned street improvements,- and such general prevailing wage rates are hereby adopted and are incorporated in the contract herein let by reference, the same as if copied therein in full. XI. The fact that the making and construction of the said improve- ments is being delayed pending the taking effect of this ordinance, and that the conditions of such portions of streets and avenues endangers public health and safety, constitutes and creates an urgent public necessity, requiring that the rules providing that ordinances shall be read at more than one meeting or more than one time, be sus- pended and requiring that this ordinance be passed as an emergency measure, and such rules are accordingly suspended and this ordinance is passed as an emergency measure and shall be in force and effect immediately from and after its passage. PASSED AND APPROVED this day of _ D. 1964. 440r( 0, a Y or ATTEST: C y er