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Ord 1940 12/12/1960 ORDINANCE AWARDING CONTRACT FOR THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS ON A PORTION OF CALIFORNIA AVENUE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, 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 ASSESS- MENT 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 THERETO, 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, avenues and public places in the City of Wichita Falls, Texas be improved by raising, grading and filling same and by constructing thereon combined concrete curbs and gutters on proper grade and line where same are not already so constructed, and by further constructing thereon the improvements hereinafter specified, to wit: The hereinafter described portion of California Avenue, known and designated as Unit No. 1 and the hereinafter described portion of Vermont Street, known and designated as Unit No. 2, shall be further improved by constructing thereon a 7 inch Flexible Base Course, with a 12 inch Hot Mix.Asphaltic Surface That portion of the hereinafter described portion of Sherman Road, known and designated as Unit 1o. 3 which lies in and between the south line of York Avenue and a point 50 feet south of the south line of Alabama Avenue, shall be further improved by constructing thereon a 5 inch Reinforced Concrete Pavement, and the remaining portion of that portion of Sherman Road, known and designated as Unit No. 3 which lies in and between a point which is 50 feet south of the south line of Alabama Avenue and the north line of the Wichita Valley Railway Company right-of-way, shall be further improved by constructing thereon a 6 inch Flexible Base Course with a 12 inch Hot Mix Asphaltic Surface. Each of the hereinafter described portions of streets, avenues and public places, save and except Units Nos. 1, 2 and 3, shall be further improved by constructing thereon a 6 inch Flexible Base Course with a 11/2 inch Hot Mix Asphaltic Surface. All of said portions of streets, avenues and public places 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 Spec- ifications therefor; said portions of streets, avenues and public places being described as follows, to wit: 1 CALIFORNIA AVENUE: from a point 27 feet south of the south property line of Galveston Street to a point 15 feet north of the south property line of Chester Street, knpwn and designated as Unit No. 1; VERMONT STREET: from a point 228 feet south of the south property line of North Tenth Street northward to a point 4.5 feet south of the main track of the Fort Worth and Denver Railroad, known and designated as Unit No. 2; SHERMAN ROAD: from the south property line of York Street to the north property line of the Fort Worth and Denver Railroad, known and designated as Unit No. 3; BONNER STREET: from a point 7.5 feet east of the east property line of Cleveland Avenue to the west edge of the existing paving on Rosewood Avenue, known and designated as Unit No. 4; SEYMOUR STREET: from the north property line of Front Street to the edge of the existing paving on Seventh Street, known and designated as Unit No. 5; PATTERSON STREET: from the north property line of Front Street to the north property line of Sixth Street, known and des- ignated as Unit No. 6; MAPLE STREET: from the north property line of Second Street to the north property line of Fourth Street, known and designated as Unit No. 7; FRONT STREET: from the west property line of Patterson Street to the east property line of Seymour Street, known and designated as Unit No. 8; FRONT STREET: from the west property line of Seymour Street westward to the existing paving on Texas State Highway Loop 165, known and designated as Unit No 9; SECOND STREET: from the west property line of Maple Street to the east property line of Patterson Street, known and designated as Unit No. 10; SECOND STREET: from the west property line of Patterson Street to the east property line of Seymour Street, known and designated as Unit No. 11; SECOND STREET: from the west property line of Seymour Street westward to the existing paving' on Adams Street (State Highway Loop 165) , known and designated as Unit No. 12; THIRD STREET: from the west property line of Maple Street to the east property line of Patterson Street, known and designated as Unit No. 13; THIRD STREET: front the west property line of Patterson Street to the east property line of Seymour Street, known and designated as Unit No. 14; 2 THIRD STREET: from the west property line of Seymour Street westward to the existing paving on Adams Street (State Highway Loop 165) , known and designated as Unit No. 15; FOURTH STREET: from the east property _line of Patterson Street easterly to the existing paving on the west side of Mill Street, known and designated as Unit No. 16; FOURTH STREET: from the west property line of Patterson Street to the east property line of Seymour Street, known and designated as Unit No. 17; FOURTH STREET: from the west property line of Seymour Street westward to the existing paving on Adams Street (State Highway Loop 165) , known and designated as Unit No. 18; FIFTH STREET: from the west property line of Patterson Street to the east property line of Seymour Street, known and designated as Unit No. 19; FIFTH STREET: from the west property line of Seymour Street westward to the existing paving on Adams Street (State Highway Loop 165) , known and designated, as Unit No. 20; SIXTH STREET: from, the west property line of Seymour Street westward to the existing paving on Adams Street (State Highway Loop 165) , known and designated as Unit No. 21; SIXTH STREET: from the east property line of Seymour Street easterly to the south end of Mill Street, known and des- ignated as Unit No. 22; MILL STREET: from the north property line of McLaughlin Street southerly to the south end of Mill Street, known and des- ignated as Unit No. 23; McLAUGHLIN STREET: from the east property line of Mill Street easterly to the west edge of the pavement on Reilly Street, known and designated as Unit No. 24; FLOOD STREET: from; the east edge of the pavement on Rosewood Avenue to the east property line of Bailey Avenue, known and designated as Unit No. 25; and, WHEREAS, bids were duly advertised for and received, were fully tabulated, canvassed and considered, and the bid of R. O. Green Company was found to be the lowest and most advantageous to the City of Wichita Falls, Texas; and, WHEREAS, a formal contract dated the / day of , 1960, for the construction of the afore- mentioned improvements, has heretofore been executed by R. O. Green Company 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: - 3 - 2. Contract for the construction of the hereinabove mentioned improvements is hereby let to R. 0. Green Company, and the Mayor of theCity 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. 'V. 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 (9/10ths) 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 thereof shall be assessed against such property and against the real and true owners thereof, and shall be a first and prior Tien 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 (4) years from the date of such completion and acceptance, and the - 4 ,- 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 (2%) per annum, payable annually, except as to installments 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 accrued 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 assessment 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 independent 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 improve- ments 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 thetyear 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 hoard 5 Y < • Yi, u of Aldermen estimates of the cost of such improvements in each unit in accordance with the terms of the 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 Vernon's 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 afore- mentioned 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 improvements is being delayed pending the taking effect of this ordinance, and that the condition of such portions of streets, avenues and public places 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 suspended, 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 December, 1960. de )00 IIIII .. ATTEST: ayor, CI, of Wichita Falls, exas ( City Clerk. APPROVED AS TO FORM: City Attorney. - 6 -