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Ord 1958 6/26/1961 ORDINANCE NO . 1_4 ORDINANCE AWARDING CONTRACT FOR THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS ON A PORTION OF KENESAW AVENUE AND POR- TIONS OF SUNDRY OTHER STREETS AND AVENUES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS "GROUP II - 60", 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 CON- TRACT, 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 portion of Fifteenth Street, known and designated as Unit No. 4., shall be further improved by construct- ing thereon an 8 inch concrete curb and gutter. The hereinafter described portion of North Eighth Street (leave- out on South side) ,known and designated as Unit No. 23, shall be further improved by constructing thereon a 5 inch Reinforced Concrete Pavement and a 6 inch Monolithic Concrete Curb. Each of the hereinafter described portions of streets and ave- nues, save and except Unit Nos . 4. and 23. shall be further improved by constructing thereon 6 inch concrete curbs and gutters; each of the hereinafter described portions of streets and avenues, save and except Unit Nos . 3, 18 and 23, shall be further improved by construct- ing thereon 6 inch Reinforced Concrete Valley Gutters; and each of the hereinafter described portions of streets and avenues, save and except Unit No. 23, shall be further improved by constructing thereon a 6 inch Flexible Base Course with a l2 inch Hot Mix Asphaltic Sur- face . All of said portions of streets and avenues shall be so 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 therefor; said portions of streets and avenues being described as follows, to-wit: KENESAW AVENUE: from the west property line of Hayes Street to the east curb line of Garfield Street, known and designated as Unit No. 1; AVENUE 0 : from the west property line of Taylor Street to the east property line of Polk Street, known and designated as Unit No. 2; BROAD AVENUE: from the end paving returns South side of Twenty- fourth Street to the south property line of Twenty-fifth Street; known and designated as Unit No. 3; FIFTEENTH STREET: from the west property line of Austin Street to the east property line of Burnett Street, known and designated as Unit No. 4.; GRAND AVENUE: from the north property line of North Ninth Street to the south curb line of North Tenth Street. known and desig- nated as Unit No. 5; NORTH TENTH STREET: from the east property line of Grand Ave- nue to the east curb line of Linwood Avenue, known and designated as Unit No. 6; JALONIC STREET : from the west property line of Colorado Ave- nue to the east property line of Denison Street, known and designated as Unit No. 7; CLEVELAND STREET: from the south end paving returns of Flood Street to the north end paving returns of State Highway Loop 165, known and designated. as Unit No. 8; EDISON STREET: from the east edge of pavement Redwood Avenue to the west edge of pavement on Rosewood Avenue, known and designated as Unit No. 9; EDISON STREET : from the east curb line of Brick Street to the west edge of pavement on Redwood Avenue , known and designated as Unit No. 10; FLOOD STREET : from the east property line of Bailey Avenue to the east curb line of Holland Street, known and designated as Unit No. 11; ROOSEVELT STREET : from the west property line of Cleveland Avenue to the west edge of pavement on Rosewood Avenue, known and designated as Unit No. 12; ROOSEVELT STREET: from the east curb line of Neff Avenue to the east curb line of Holland Street, known and designated as Unit No. 13; WOODS STREET : from the west property line of Redwood Avenue to the west edge of pavement on Rosewood Avenue, known and desig- nated as Unit No. 14.; GLADIOLUS STRFFT: from the south edge of pavement on Duncan Street to the north curb line of Elwood Street: known and designated as Unit No. 15; TULIP STREET : from the south edge of pavement on Duncan Street to the north curb line of Elwood Street, known and designated as Unit No. 16; ELWOOD STREET : from the east edge of pavement on Rosewood Avenue to the east end of the W. E. Wilson' s Acre Block Addition, known and designated as Unit No . 17; GIDDING STREET: from the south property line of Eleventh Street to the north property line of Avenue C, known and designated as Unit No. 18; ELEVENTH STREET : from the west property line of Tyler Street to the west curb line of Giddings Street, known and designated as Unit No. 19; AVENUE C: from the west curb line of Giddings Street to the west property line of Tyler Street, known and designated as Unit No. 20; TYLER STREET: from the south property line of Avenue B to the north curb line of Avenue C, known and designated as Unit No. 21; AVENUE B: from the west curb line of Tyler Street to the east property line of Monroe Street, known and designated as Unit No. 22; - 2 - NORTH EIGHTH STREET (LEAVE-OUT ON SOUTH SIDE) : from 100 feet west of the west property line of Grand Avenue to 150 feet west of the west property line of Grand Avenue , known and designated as Unit No. 23; and, WHEREAS, bids were duly advertised for and received; were fully tabulated, canvassed and considered, and the bid of J. F. Foster & Sons was found to be the lowest and most advantageous to the City of Wichita Falls; Texas; and; HEREAS, a formal contract dated the .,- day of 4 , r_.--.. , 196 f , for the construction 6r- he a orementioned impr(. emends, - has heretofore been executed by J. F. Foster & Sons 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 J. F. Foster & Sons, 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 appro- priated 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-Fit: (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 (9/10ths) 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 - f ✓ r 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) ways, one (1) , two (2) , three (3) and four (4 ) 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 C7%) 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 of 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 the cost of such improvements in each unit in accord- - 4 - . " 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 1105b of Vernonfs 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 4.0 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 A. D. 1961. Or Mayo ATTEST: City lerk •