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HomeMy WebLinkAbout87-2694ORDINANCE NO. 87-2694 AN ORDINANCE DECLARING PUBLIC NECESSITY FOR THE IMPROVEMENT OF A CERTAIN DESIGNATED PORTION OF A CERTAIN DESIGNATED STREET IN THE CITY OF PLAINVIEW, TEXAS SPECIFYING THE NATURE AND TYPE OF SUCH IMPROVEMENT, ESTABLISHING THE MANNER OF EFFECTUATION AND METHOD OF PROCEDURE THEREOF, DESIGNATING AND SEPARATING A UNIT OF WORK, ALLOCATING DIVISION OF PAYMENT OF COST, PROVIDING RULE FOR APPORTIONMENT OF COST, FIXING TIME, TERMS AND CONDITIONS OF PAYMENT OF COST AND PROVIDING AND DEFINING ASSESSMENTS THEREFOR, SPECIFYING NATURE OF ASSESSMENT LIENS AND PERSONAL LIABILITY, PROVIDING FOR ISSUANCE AND PROVISIONS OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF ASSESSMENT FOR COSTS, AND DIRECTING THE CITY ENGINEER TO MONITOR PLANS AND SPECIFICATIONS F~R~ THeE IMPROVEMENT OF DESIGNATED UNITS AND THE PUB~I~ ADVERTISEMENT FOR SEALED COMPETITIVE BIDS WITH SPECIFIED CLAUSE. WHEREAS, cities, towns, and villages incorporated under either general or special law, including those operating under special Charter, or amendments of Charter adopted pursuant to the Home Rule provisions of the Constitution, shall have the power to cause to be improved, any highway within their limits; and WHEREAS, state law requires that before such power may be exercised, the City shall determine the necessity for, and to order, the improvement of any highway, or part thereof within the City, and to contract for the construction of such improvements in the name of the City, and to provide for the payment of the cost of such improvements by the City, or partly by the City and partly by assessments as hereinafter provided; and WHEREAS, the City of Plainview has made an agreement with Texas Department of Highways and Public Transportation whereby the Texas Department of Highways and Public Transportation shall prepare plans and specifications for the improvement of the designated unit and to publicly advertise for sealed competitive bids with specified clause; and WHEREAS, the City Council of the City of Plainview shall hereby direct the City Engineer to monitor 'and confirm that plans and specification and advertising for bids shall take place in conformity with state law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: -1- SECTION 1: That necessity exists for the permanent improvement of a certain portion of a public street hereinafter listed, by excavating, grading and paving the same, and by the construction of curbs and gutters where adequate curbs and gutters are not now in place, and such improvements are hereby ordered. The portion of public street to be improved being designated and defined by street unit as follows: UNIT NO. WIDTH STREETTOBE IMPROVED FROM TO 87-1-1 65' Southwest Third St. Interstate Highway Columbia 927 Street SECTION 2: That said portion of such designated street should be improved by raising, grading and filling same, and by installing concrete curbs and gutters, and where necessary storm sewers and drains, and by paving same in accordance with the specifications and to the width as may be designated in the plans and specifications as approved by the City Engineer and the City Council. SECTION 3: The City Council of the City of Plainview deems it advisable and hereby determines to proceed under and in exercise of powers, terms and provisions and in accordance with and in conformity to the procedures established and outlined in Chapter IX, Title 28, Revised Civil Statutes of Texas, 1925 as amended (Article l105-b, Vernon's Civil Statutes of Texas), the terms and provisions of which are hereby adopted by the City of Plainview. SECTION 4: follows, to-wit: The cost of said improvements shall be paid as (a) the entire contract price shall be paid to the successful bidder by the City of Plainview. (b) the City of Plainview shall reimburse itself for a portion of the costs which are to be paid by and assessed against abutting property owners as follows: (1) The abutting property and the owners thereof of the specific unit as herein designated to be improved shall be assessed for and shall pay the cost of the curb and gutter. (a) In connection with the above assessment, should it appear at the hearing to be held before the final assessment is made that the special benefits to such property, by way of enhancement of value thereof by virtue of such improvement, will not aggregate such of the cost specified above, then there shall be assessed against the abutting property and shall be paid by such abutting property owner a lesser amount, not to exceed the benefits of the said improvement. -2' SECTION 5: That the part of the cost of the specified improvements as herein designated, which may be assessed against the abutting property and owners thereof, shall be apportioned among the parcels of abutting property and owners thereof in accordance with the Front Foot Plan or Rule. In connection with the above apportionment, should it appear that the application of the above plan or rule would, in the opinion of the City Council of Plainview, in particular cases result in injustice or inequality, the said Council shall apportion and assess the said cost in such proportion as it may deem just and equitable, having in view the special benefits and enhanced value to be received by such parcels of property and owners thereof, the equities of such owners and ~the adjustment of such apportionment, so as to produce a substantial equality of benefits received and burdens imposed. Any parcel of land abutting the highway proposed for assessment is subject, in its entirety as a parcel, to the assessment when the assessment is imposed by ordinance, irrespective of subdivision or partial sale after the date of mailing of the notice if the city has delivered to the County Clerk for recording a notice of the proposed assessment that describes each such abutting parcel in the nature or by reference. SECTION 6: That the time, terms and conditions of payment of the amounts to be assessed and to be paid for the specified improvement as herein designated shall be as follows: (a) The amounts assessed against and to be paid by the abutting property and the owners thereof for such improvement shall be paid in three (3) equal payments, the first payable within ten (10) days after completion of the work and its acceptance by the City, and the remaining two (2) payments being payable in one and two years after said date of acceptance of the same as satisfactory by the City of Plainview, and such amounts so assessed shall bear interest payable annually from that date until paid at the rate of 8% per annum. (i) In connection with the installment payment of the above assessments, it shall, in addition, be provided that default in payment of any installment or interest when due, shall, at the option of the holder of such obligation, mature and render due and payable the entire unpaid balance of such obligation. (b) Any security, lien, or document which, in the opinion of the City Manager is reasonably necessary in ~ddition to the paving assessments and assignable certificates herein provided for, to secure the payment of the part of the costs of the improvements assessed against the abutting property owners shall be obtained by the City Manager. If the City Manager is unable to obtain reasonable satisfactory security -3- as to any abutting property or owner, the whole street unit to which the frontage of such property belongs may at the option of the City Council, be deleted from the contract, or a portion of said unit may be deleted from the contract, and the lien upon the properties abutting that portion of the street or streets so deleted will be released. SECTION 7: That the amounts to be assessed and to be paid for the specified improvement as herein designated, shall be a first and prior lien against abutting property therein from the date such improvement is ordered by Ordinance as hereinbefore provided, and shall be a personal liability and charge against the true owners of such property at said date, whether named or not'. (a) The City Council of Plainview, Texas, shall cause to be issued in the name of the City, assignable certificates in evidence of assessments levied, declaring the lien upon the property and the liability of the true owner or owners thereof, whether correctly named or not, and shall fix therein the terms and conditions of such certificates. (1) The above certificates shall recite substantially that the proceedings with reference to making the improvement therein referred to, have been regularly had in compliance with the law, and that all prerequisites to the fixing of the assessment lien against the property described in the said certificate and the personal liability of the owner or owners thereof have been performed. (2) The above certificates shall be prima facie evidence of all the matters recited in said certificates, and no further proof thereof shall be required, and in any suit upon any assessment or re-assessment, in evidence of which a certificate shall have been issued hereunder, it shall be sufficient to allege the substance of the recitals in such certificate and that such recitals are in fact true, and no further' allegation with reference to proceedings relating to such assessment or re-assessment shall be necessary. (b) Such assessments, shall be collectible with interest, expense of collection and reasonable attorney's fees, if incurred, and shall be a first and prior lien on the property assessed, superior to all other lines 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. --4-- ' SECTION 8: The City Secretary is hereby directed to cause to be "~prepared a notice of the enactment of this ordinance and file said notice with the County Clerk of Hale County, Texas, among the mortgage, deed of trust records and mechanic's lien records of said County. SECTION 9: That the City Engineer is hereby directed to monitor the plans and specifications for the specified improvement as herein designated as such plans and specifications shall be prepared by the Texas Department of Highways and Public Transportation. (a) The City Engineer is further directed to monitor the public advertisement for sealed competitive bids, based on such plans and specifications, as prepared by the Texas Department of Highways and Public Transportation, with the contract to be entered into by and between the successful bidder therein. PASSED AND APPROVED ON FIRST READING this the 24th day of March, 1987. ON SECOND READING this the 14th day of April, PASSED AND APPROVED 1987. ATTEST: ~H~RYL/OWEN, City Secretary APPROVED AS TO CONTENT: WILLIAM R. HOGGE,rDfrector of Public Works APPROVED AS TO FORM: ~i~D ~~City Attorney -5- 767 265 ~TATE OF TEXAS COUNTY OF HALE KNOWN ALL MEN BY THESE PRESENTS: That the duly elected and constituted City Council for the City of Plainview, Texas, adopted Odinance No. 87-2694, declaring a necessity for and ordering the permanent improvement of a certain portion of a street in the City of Plainview, Texas, hereinafter listed, by excavating, grading and paving the same and by the installation of drainage facilities therein and by the construction of curbs and gutters where adequate curbs and gutters are not now in place, the portion of such public street to be so improved to be designated and defined by streets as follows: UNIT NO. WIDTH STREET TO BE IMPROVED FROM 87-1-1 65' Southwest Third St. Interstate Highway Columbia ~27 Street Said ordinance further provides that a portion of the cost of · said improvements is to be specially assessed as a lien upon property ... abutting the street improved and as a personal liability against the owners of such abutting property. WHEREFORE, the City of Plainview, Texas, acting by and through its City Council has caused this notice to be signed by the City Secretary in the name of the City of Plainview and to have the official seal of the City of Plainview hereto affixed this the 14th day of April , 1987. CITY OF PLAINVIEW, TEXAS BY: ~WHERY~ 'OWE~N: CITY SECRETARY THE STATE OF TEXAS COUNTY OF HALE ~ I, MILDRED TUCKER, Clerk of the County Court in and for said county, do hereby certify that the foregoing instrument of writing was filed for record in my office, the 31 day of. Oct .19 88 a~ l: 2~ o'clock P M., and duly recorded the 2 day of Nov .19 88 at !0 ~ 30 o'clock A M., in the Deed Records of said County, in Volume_L67 page 261 Witness my hand and seal of the County Cour~ of said County, at office in Plainview, Texas the day and year last above written. By MILDRED TUCKER~ Clerk 188