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Res 56 4/17/1950prr./\/ RESOLUTION NO, 4___ A RESOLUTION DECLARING THE NECESSITY OF IMPROVING THE FOLLOWING HIGHWAYS IN THE CITY OF WICHITA FALLS, TEXAS, TO-WET: . TEXAS & ROSEWOOD FROM E. SCOTT PAVING TO NO. LINE OF GERALD STREET SULLIVAN STREET " E. PROPERTY LINE OF REDWOOD " WEST.CURB LINE OF ROSEWOOD ROBERTS STREET " W. PROPERTY LINE OF VAN BUREN " E. PROPERTY LINE OF SUNSET DR. STATING THE NATURE OF SUCH IMPROVEMENTS, THE ALTERNATES OF THE KIND OF MATERIALS TO BE USED IN SUCH IMPROVEMENTS DIRECTING THE CITY MANAGER TO HAVE PREPARED PLANS AND SPECI- FICATIONS AND ESTIMATES OF THE. COST OF SUCH IMPROVEMENTS, AND SETTING OUT THE MANNER IN WHICH SUCH IMPROVEMENTS ARE TO BE PAID FOR: BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That a public necessity exists for the improving of the following public highways and streets in the city of Wichita Falls, Texas, as hereinafter provided, to-wit: Texas & Rosewood From E. Scott Paving To No Line of Gerald Street Sullivan Street " E. Property Line of Redwood " West Curb Line of Rosewood Roberts Street '! TN,t, Property Line of Van Buren IT E. Property Line of Sunset Dr. said portions of said streets and avenues shall be improved by raising, grading, and by filling same, and by installing cement concrete 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: Quadruple inverted penetration asphalt pavement; Texas State Highway Department Type Q-modified-Asphalt pavement , Blended Rock Asphalt pavement;)arid Hot Mix Asphalt pavement, all of which types of pavement shall be laid on a flexible base, The exact type of pavement shall be selected by the Board of Aldermen of the city, of Wichita Falls, Texas, after receiving bids for the doing of the required labor and the furnishing of the required materials in accordance with the plans and specifications to be prepared as herein ordered. < The City Manager is hereby directed to have plans and specifications prepared for such improvements. The City Manager is hereby directed to have estimates of cost of such improvements before the hearing relating hereto is held and before any of such improvements are actually constructed Payment for such improvements shall be made in the following manner: a) Railways using, occupying or crossing any portion of said streets and avenues to be improved shall pay for and be assessed for all the cost of work in the area be- tween their rails and tracks, double tracks, turnouts, and switches, and two (2) feet on each side thereof, b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs and gutters in front of such respective property and a part of the remaining cost of such improvements, after deducting the amounts to be paid by railway companies after subparagraph (a) above, provided that such part of the costs assessed to the abutting property or the owners thereof shall in no case exceed 75A of the cost of the improvements plus the cost of the curb and gutter, it being herein set forth that this resolution is intended to include all the rights, powers, and privileges allowed a city under the provisions of Article 1105-B, VernonLs Civil Statutes of Texas, and in cases where''it is not satisfactorily shown to the Board of Aldermen of the city of Wichita 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 Wichita 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 received by such parcels of property and the owners thereof, the equities of such owners, and the adjustments of such apportion.- f meat 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 subparagraph (a) hereof, and against the abutting property and owners thereof under. subparagraph (b) hereof, shall be paid by the city of Wichita Falls. The amounts to be paid by and assessed against railway companies as herein provided,'; shall be paid on estimates or statements ma 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 6% 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 payable in five (5) equal installments, due as follows, first installment 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 1, 2, 3 and 4 years from the date of the completion of the work and accept- ance 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 6% per annum, payable annually, with provision that if default 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. PASSED AND APPROVED this//,% 7- day of 1950. or Mayor ATTEST: illor City Clerk.