Loading...
Res 57 4/17/1950RESOLUTION NO. A RESOLUTION DECLARING THE NECESSITY OF I14PROVING THE FOLLOVJZNG HIGHKAYS IN THE CITY OF %'ICHITA .FALLS, TEXAS... TO- .1IT:. . AVENUE K FROM FOLK TO SANTA FE AV-NUE U " KEMP rr GRANT .. SPEEDWAY STREET t,I HOLLIDAY " GRID -VNJ , TAFT- STREET " AVENUE H " AVENUEE_J N. _3RD STREET " N. BROADIDALY " GRAND AVENUE POLK S=1 T " BULLING T014 " KINGS HTGffifJ1Y STATING THE NATURE OF SUCH ! PR.OVE�JENTS, THE ALTERNATES OF THE KIND OF MATERIALS TO BE USED- IN SUCH T-I-IPROVMNTS., DUCTING THE CITY MANA� TO HAVE PR'4PAREU PLANS. AND SPECI- FICATIONS IND P„STIMf�'%ES, OF THE COST OF. SUCH, IMPROV IIENTS,e AND SETTING OUT TIE 11ANNER . IN WHICH SUCH IMPROVDENTS ARE, TO BE PAID FOR: BE IT RJ 0LVE-D BY TIE BOARD OF AUD F61EN 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 —dit: Avenue K From Polk To Santa Fe Avenue U " Kemp 's Grant . Speedway Street rs Holliday " Bridww:ll Taft Street " Avenue H Avenue J N. 3rd Street !' N. Broadway Grand Avenue Polk Street Bullington !' Kings Highway 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 drai-ns - where necessary, and by paving with one or more of_the following types of materials, to-wit: Quadruple inverted penetration asp alt pavement; Texas State Highway Department Type Q- modified -- Asphalt pavement; fended Rock asphalt pavement; and Hot Mix as halt aveme ), all of which types of pavement shall be laid on'a flexible base. The exadt. 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 tc be repared as herein ordered The City A1anager is herebydirect"ed Ito. bave plans and specifications prepared for such' 0 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 conwtructed. Payment for such improvements shall be made in the folloT.dng 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, end 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 under subparagraph (a) above, provided that such part of the costs assessed to the abutting property or the owners thereof shall in no case exceed 75% 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, Vernon's 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 vrould result in in- justice ' o ' r inequality the said Board of Aldermen shall apportion and assess such costs in such poportion 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- ment 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 "dichita Falls. The amounts to be paid by and assessed against railway companies as herein provided, shall be paid on estimates or statements on 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 install=ment 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 tames, and shall be a personal liability and charge against said owners of the property assessed. This resolution shall become effective PASSED AM APPROVED thisll-7aV day of ATTEST: City Clerk... immediately upon its passage. 1950.