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HomeMy WebLinkAboutOrd 74-1623/ 62,.5. AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE CITY ENGINEER OF THE CITY OF PLAINVIEW, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL THE I}fPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THERE- OF, AND THE ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROVING OF VARIOUS AND SUNDRY STREETS IN THE CITY OF PLAINV!EW, TEXAS, (DESCRIBED IN PARTICULAR IN SAID ORDINANCE) WITHIN THE LIMITS HEREINBELOW DESCRIBED AND OF OTHER MATTERS RELATING THERETO: PROVIDING THAT THE ENTIRE CONTRACT PRICE BE PAID BY THE CITY AND THAT THE CITY BE REIMBURSED FOR A PORTION OF SAID COSTS BY ASSESSMENTS AGAINST THE ABUTTING PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY SAID ABUTTING PROPERTY, AND THE REAL AND TRUE O~'~ERS THEREOF, AND THE PORTION OF SAID COSTS PROPOSED TO BE PAID BY THE CITY OF PLAIN-VIEW, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 10:00 A.M. ON THE 17th DAY OF October , A. D. 1974, IN THE COUNCIL CHAMBER OF THE CITY COUNCIL IN THE CITY HALL OF PLAINVIEW, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN THE PROCEEDINGS AND CONTRACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS; DIRECTING THE CITY iCLERK OF THE CITY OF PLAINVIEW, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF SAID CITY; DECLARING AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1. The City Council of the City of Plainview, Texas, hereby finds and determines: (a) That the City Council of the City of Plainview, Texas, has heretofore by Ordinance duly enacted on the 25th day of June, 1974., and also by Ordinance enacted on August 27, 1974, determined the necessity for, and ordered the improvement of portions of Ash street and sundry other streets in the City of Plainview, Texas, within the limits hereinafter defined, in the manner and according to the Plans and Specifications therefor, which Plans and Specifications have'heretofore been approved and adopted by said City Council. Said streets and the portions thereof to be improved, designated by Unit~ numbers are as follows: -2- ~Street Unit Number Name of Street To Be Improved From To 31' 31' / 31~~ 3i' 31' 31' 3i' 31' 31' 31' 31' 31' 31' 31' 31' 31' 31' 31' 3t' 31' 31' 31' 31' 31' 1-1-74 2-1-74 3-1-74 4-1-74 6-1-74 7-1-74 8-1-74 9-1-74 10-1-74 11-1-74 12-1-74 13-1-74 14-1-74 15-1-74 16-1-74 17-1-74 18-1-74 19-1-74 20-1-74 21-1-74 22-1-74 23-1-74 24-1-74 25-1-74 West 21st Street Oakland Street West 22nd Street West 22nd Street West 22nd Street West 22nd Street West 20th Street Fresno Street Fresno Street Fresno Street Broadway Street Broadway Street .Broadway Street North Ash Street North Ash Street North Ash Street North Ash Street Cedar Street Cedar Street Cedar Street Gray Street Nixon Street Yoakum Street Yoakum Street San Felipe Ayenue ,EPL Portland'St. *SPL 21st St. EPL Kokomo St. EPL Joliet St, EPL Independence EPL Houston St. EPL Houston St. NPL 14th St. SPL 15th St. SPL 16th St. NPL Campbell St. NPL Carver St. NPL Brazier St. NPL Campbell St. NPL Carver St. NPL Brazier St. NPL Givens St. P & SFRR R.O.W. NPL Eo 13th'St. NPL E. 14th C/L Davidson St. C/L Davidson St. C/L Winchell St. C/L Davidson St. SPL Escuela St. *WPL Oakland St. *NPL 22nd St. WPL Joliet St. WPL Independence WPL Houston St. WPL Galveston St. WPL Galveston St. SPL 15th St. SPL 16th St. SPL 17th St. SPL Carver St. SPL Brazier St. 140' N. of Brazier SPL Carver St. SPL Brazier St. 140' N. of Brazier SPL Bullock St. SPL E. 13th St. NPL Eo 14th St. *C/L Campbell St. C/L E1 Camino Dr. C/L E1 Camino Dr. c/L Davidson St. C/L E1 Camino Dr. 400' S. of E. 14t~ --3.-- width I I '! L~ I Unit r Numbe . 26-1-74 27-1-74 28-1-74 29-1-74 30-1-74 ', 31-1-74 32-1-74 33-1-74 34-1-74 35-1-74 36-1-74 37-1-74 38-1-74 39-1-74 40-1-74 41-1-74 Name of Street To Be tmor_oved San Felipe Avenue Fir Street E. 8th Street Grove Street Fir Street SE 9th Street Denver Street Milwaukee Street independence.Street West 15th Street West 18th Street West 18~h Street West 4th Street West 4th Street West 4th Street Yonkers Street F~om 400' S. of E. 14th NPL E. 3rd St. EPL Elm St. SPL E. 4th St. ~ NPL E. 9th St. EPL S. Beech St. 630' S. of 28th C/L 16th St. 220' S. of 6th EPL Galveston St, WPL utica St. WPL Lexington St. EPL Yonkers St. EPL Xenia St. EPL Wayland St. SPL W. 2nd St. SPL E. 14th St. SPL E~ 4th St. ,~ 459.5' E. of Elm 221' S. of E. 4ti SPL E. 10th St. WPL S. Date St. · SPL 28th St. SPL 18th St. C/L 6th St, ~ WPL Fresno St. 160' W. of utici WPL Kokomo St. EPL Xenia St. EPL Wayland St. WPL Vernon St.; 470.8' S. of W. I 36' 36' 36' ! ! 1-2-74 2-2-74 3-2-74 4-2-74 5-2-74 6-2-74 E1 Paso Street E1 Paso Street E1 Paso Street E1 Paso Street E1 Paso Street ~E1 Paso Street~ NPL 16th St. NPL 17th St. SPL 19th St, C/L 20th St. C/L 21st St. C/L 22nd St. SPL 17th St. SPL 18th St. C/L 20th St. C/L 21st St. C/L 22nd St. SPL 23rd St. Width 36' 36% Unit Number Name of Street To Be 'Improved 7-2-74 8-2-74 9.2-74 E. 9th Street E. 9th Street 27th Street From To C/L Elm Street EPL Grove St. EPLD~nverSt. EPL Grove St. P & SF Railroad WPLColumbia St. .41' 41' ! 41' 1-3-74 2-3-74 3-3-74 4-3-74 W. 4th Street SW 3rd Street SW 3rd Street SW 3rd Street EPL Garland St. COlumbia Street EPL $. Baltimore EPL S. Austin St. EPL Ennis St. EPL S. Baltimo] EPL S. Austin C/L S. Broadwa5 45' '~?~ 45 ' · 45 ' 1-4-74 Ennis Street 2-4-74 3-4-74 Ennis Street Joliet Street (~ EPL means East Property Line, WPL means West Property Line, SPL means South Property Line, NPL means North Property Line, C/L means Center Line) -5- 258.8' S. of U.S. Hwy.'70 SPL W. 4th St. 500' S. of W. 5th NPL W. 4th St. 312.5' S. of W SPL SW 3rd St. (b) That notices duly executed in the name of the City of Plainview, Texas, of the enactment of said above described Ordinances h~v..aheretofore been filed with the County Clerk of Hale County, Texas, the County in which said City of Plainview is situated, on the %'8th day of~ July , 1974, and on the 4th day of September, 197~. (c) That said City Council after having duly advertised for bids in the manner and as required by law and the Charter of said City, did award contract for the construc- tion of said improvements to High Plains Pavers, Inc., upon its lowest and best bid therefor, and said contract, which is dated the '27th day of August , 1974 has been executed by High Plains Pavers, Inc., and by said City, the execution of which contract by the City was authorized by Resolution heretofore on this day passed by said City Council; and the performance bond required by law and the payment bond as required by law, and said contract has been properly furnished by said High Plains PaVers, Inc., and approved by and accepted by said City Council, all as required by law and the Charter of said City. (d) That the City Council has caused the City Engineer of the City of Plainview to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot to be assessed against the property abutting said streets within the limits defined, and the real and true owners thereof; and the City Engineer of the City of Plainview has heretofore filed said estimates and a statement of other matters relating thereto with said City Council, and the same has been received, examined and approved by said City Council; and that in accordance with said statement of estimates so filed by said City d Engineer and herein approved, the amounts of said estimate_ costs are as~hereinafter stated and set out in the schedule contained in Section 2 hereof. SECTION 2. The written statement and report of the City Engineer heretofore filed with the City CoUncil, showing the estimated total costs of all the improvements on each of said streets or units, within the limits above defined showing the amounts per front foot proposed to be assessed against the abutting property and the real and true owners thereof, on each of said streets or units, for said improvements, showing the total estimated cost of said improvements on each of said streets or units proposed to be assessed against and paid by the abutting property and the real and true owners thereof, showing the total estimated cost of said improvements on each of said streets or units praposed to be paid by the City of Plainview, Texas, and showing other matters relative thereto, having been ~ received and examined by the City Council, said report and the estimates therein shown are hereby in all things approved and adopted; and it is hereby found and determined by the City Council that the -6- estimated amounts of the several respective items of costs of said improvements as above described on each of said streets or units are as followS, to-wit: -7- i' ..',: ,~.: I.-"/4 ~ ~ £:aT, Z:2&,.5~..~ ,or,., I..Jn;'X' Z-7.q- is ~; ~.S,.,~z,,4.."tz~ ) o~ ;-/,' '" : ~ER 5 u I~- l. Jl,,,:' {'' Z- 1'74 -%- e..'l' SECTION 3. A. The entire contract price shall be paid to the ~Contractor, High Plains Pavers, Inc. by the City of Plainview, Texas. B. The City of Plainview shall reimburse itself for not more than the per cent of the cost of improvements as herein- after provided by assessment against the respective abutting properties and the real and true owners thereof in accordance with the provisions of the Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, known and described as Article l105-b, Vernon's Annotated Civil Statutes of Texas, as amended on the basis and in the manner and method as follows: 1. A portion of the cost, of said improvement shall be paid and defrayed by the City of P!ainview, Texas, and a portion of the cost thereof shall be assessed against and paid by the property abutting upon said streets within the limits above defined, and the real and true owners thereof, in accordance with, and in the manner provided by the Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, known and shown as Article t105-b, Vernon's Annotated Civil Statutes of Texas, as amended, and as adopted by Section 199, of the Charter of the City of Plainview, Texas; and the total cost of said improvements on each of said streets or Units as hereinabove described, shall be and the same are hereby apportioned between said parties and shall be paid and defrayed as follows: 2. That allocation of payment for the specified improvement of each specific Unit as herein designated shall be as follows: (a) The total cost of the proposed paving of each of said units shall be the total cost of improvements, including expenses of engineering and other expenses incident to the construction of the improvements in addition to all other costs of the improvements. (b) The cost of the curb and gutter to be installed shall be the cost of the curb and gutter as bid by the contractor for that portion of the curb and gutter which will be parallel to and of the same length as the abutting property frontage. (c) The cost of .the construction of the other improvements shall be the cost of all other construction other than the cost of the curb and gutter as hereinabove referred to. -14- (d) The property owner shall' be assessed for and shall pay all of the cost of the curb and gutter running parallel to and the same length as the abutting property frontage owned by said abutting property owner. (s) The property owner's share of the total cost of the improvements shall be calculated as 100% of the cost of the curb and gutter parallel to and running the length of the abutting property, plus 85% of the remaining cost of the construction of the improvements on "front streets" (as that term is herein defined), and 70% of the remaining cost of the construction of the improvements on "side streets" (as that term is herein defined). (f) The City's share of the total cost shall be calculated as 15% of the cost of the construction of improvements on "front streets" (as that term is herein defined) excluding the cost of curb and gutter, and 30% of the cost of the construction of improvements on "side streets" (as that term is herein defined) excluding the cost of curb and gutter. (g) On streets or portions of streets hereinabove enumerated that are already paved on both sides of the street, the property owner shall pay 100% of the cost of the curb and gutter para- llel to and running the length of the abutting property, plus 85% of the remaining cost of the construction of the improve- ments on "front streets" (as that term is herein defined), and 70% of the remaining cost of the construction of the improvements on "side streets" (as that term is herein defined), for that portion of the paving which is wider than the original paving. This will apply only to streets that are already paved on both sides of the street but which do not have curb and gutter. (h) On streets or portions of streets that are paved to a width of more than 41 feet, the property owner's share of the cost shall be the total cost of curb and gutter running parallel to and the same length as the abutting property frontage owned by the abutting property owner, and 85% of the balance of the total cost of the improvements, including engineering expenses, on "front streets", and 70% of the balance of the total cost of the improvements, including engineering expenses, on "side streets", calculated on a basis of 41 feet of paving; and the City shall pay the balance of the costs caused by the paving of the street to a width in excess of 41 feet. -15- (i) On streets or portions of streets that have both paving and curb and gutter already, the City will pay the total cost of the~improvement to that portion of the street that already has curb and gutter and paving. (j) 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 enhance- ment of value thereof by virtue of such improvement, will not aggregate such proportion of the cost specified above, then there shall be assessed' and shall be paid by such abutting property and the owners thereof a lesser amount, not to exceed the benefits of the said improvement. (k) The City of Plainview, after deduction of the sum assessed against the abutting property and the owners thereof as hereinabove provided, shall pay the remaining cost of said improvement; but in no event shall the City pay for more than 15% of the cost of the improvements to "front streets" not including the cost of curb and gutter, nor more than 30% of the cost of the improvements to '~'side streets" not including the cost of curb and gutter, except as provided in subsections (g), (h), (i), and (j) above of this Section 3. (1) Railways using, occupying or crossing any portion of a specific unit or any part or portion of any street or streets hereinabove referred to, described and designated, shall be assessed for and shall pay for the entire cost of such improvement in the area between and under their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. (m) The term "front street" as used herein means that portion of a street upon which a residence or building is facing. The term "side street" as used herein means that portion of a street running along the side of a residence or building. Where a residence or building is not constructed upon the lot or lots, then "front street" shall refer to that portion of the street running along the front of the lot as platted and "side street" shall refer to that portion of the street running along the side of the lot as platted. In the event it is difficult to determine whether or not a lot is abutting a front street as hereinabove defined, or whether or not a lot is abutting a side street as hereinabove described in the -16- narrowest portion of said plot of ground as described in the deed to the individual owner shall be considered the portion of the lot abutting a front street and the longest portion of said plot of ground as described in the deed to the individual owner shall be considered the portion of the lot abutting a side street, except that all that portion of said plot of ground located 150 feet or more from the nearest cross street shall be considered as abutting a front street. 3. That the part of the cost of the specified improvement of each specific Unit as herein designated, which may be assessed against abutting property and owners thereof, shall be apportioned among the parcels of abutting property and owners thereof zn accordance with the Front Foot Plan or Rule. 4. 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 said costs 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 apportion- ment, so as to produce a substantial equality of benefits received and burdens imposed. 5. The costs of such improvements payable by the abutting property and the owners thereof shall be assessed against the respective abutting properties and the real .and true owners thereof zn accordance with Statutes of the State of Texas herein referred to. No assessment shall be made against any abutting property or its real and true owners thereof for cost zn excess of the benefits to such property in enhanced value thereof by means of such improve- ments. The amounts of such assessment shall constitute a first and prior lien upon all of such properties and a personal liability of the true and real owners thereof, whether correctly named or not, and shall be payable in installments as follows: (a) The first installment shall be due and payable 10 days after the completion of the specified improve- ment of such Unit as herein designated and the acceptance of same as satisfactory by the City of Plainview; (b) The second installment shall be due and payable one year after the first installment is due and payable; and, -17- (c) The third installment shall be due and payable two years after the first installment is due and payable. Ail of such amounts so assessed shall bear interest annually from the date of the first installment is due and payable until paid at the rate of 7.5% per annum. 6~ Provided, however, that the owners of any of said property shall have the privilege of paying all or any of said installments at any time before maturity thereof by paying the total amount of principal of such installments together with the interest accrued thereon to date of payment. Further, if default be made in the payment of any of said installments of principal or interest promptly as the same matures, then at the option of the City of Plainview or its assigns~the entire amount of the assessment upon which default is made, together with reasonable attorney's fees and all collection costs incurred, shall be and become immediately due and payable. SECTION 4. A hearing shall be held and given to the real and true owners of, and all owning or claiming any interest in any property abutting upon said streets or Units within the limits above defined, and all others owning, claiming or interested in said property or any of said matters, as to the assessment and as to the amount to be assessed against each parcel of abutting property, and the real and true owners thereof, and as to the special benefits if any, to said property to be received from said improvements, and~concerning any error, invalidity, irregu- larity, or deficiency in any proceeding or contract with reference thereto or concerning any matter or thing connected therewith which hearing shall be held by the City Council of the City of Plainview, Texas, in the Council Chamber of the City Council in the City Hall of the City of P!ainview, Texas, beginning at 10:00 A.M. on the 17th day of OCtober, 1974, at which time and place all persons, firms, corporation, or estates owning or claiming any such abutting property or any interest therein, and their agents or attorneys, and persons interested in said proceedings shall be notifed to appear and to be heard in person or by counsel and may offer evidence; and said hearing may be adjourned from day to day and from time to time and kept open, until all evi- dence and protest have been duly offered and heard; and the City Clerk of the City of Plainview, Texas, is hereby directed to give notice of the time and place of such hearing, or other -18- matters and facts in accordance with the terms and provisions of an Act passed by the First Called Session of the 40th Legislature of the State of Texas, known as Chapter 106 of the Acts of said Legislature as amended. Said notice shall be by advertisement inserted at least three times in a news- paper published in the City of Plainview, Texas, the first publication shall be made at least twenty-one (21) days before said hearing; and, additional written notice of the hearing shall be given by depositing in the United States mail at least fourteen (14) days before the date of the hearing, written notice of such hearing postage prepaid in an envelope addressed to the owners of the respective properties abutting such streets, highway, highways or portion or portions thereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Plainview and at the addresses so shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City at the addresses shown thereon; and notice to railroads or railways shall be given by depositing in the United States mail, at least fourteen days before the date of the hearing, a written notice of such hearing, postage prepaid, in an envelope addressed to the said railway as shown on the then current rendered tax rolls of the City of Plainview at the address so shown, or, if the name of such respective railways do not appear on such rendered rolls of the City, then addressed to such rail- ways as the names are shown on the current unrendered rolls of the City, at the addresses shown thereon. Said notice contents shall comply with all of the provisions of Section 9 of Article l105-b, Vernon's Annotated Civil Statutes, as amended by Acts of 1967, 60th Legislature, Page 365, Chapter 176, Paragraph !~ SECTION 5. Following such hearing as above provided, assessments will be levied against said abutting property, and the real and true owners therof for that portion of the costs of said improvements hereinabove determined to be payable by said abutting property and the real and true owners thereof, which assessments shall be a first and prior lien upon said abutting property and a personal liability and charge against the real and true owners thereof. In levying said asSessments, if the name of the true owner be unknown, it shall be sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the -19- fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall be unnecessary to give the correct name of any such owner and no error or mistake i-n attempting to name such owner or in describing any of said property shall invalidate any assessment or certificate issued in evidence thereof; but neverthe- less, the real and true owners of said abutting property shall be liable, and the assessment against said abutting property shall be valid whether or not such owner be named, or correctly named, or said property correctly described therein. SECTION 6. Each portion of said streets hereinabove described and designated by Unit numbers constitutes a separate and independent Unit of the improvement and shall be improved and the improvements constructed therein as separate and independent from each and every other Unit of said streets, and the assessments to be levied for said improvement in each Unit or portion of said streets shall be altogether separate and distinct and independent of and from the assessments to be levied in every other of said Units and portions of said streets, and, in making and levying said assessments against the property abutting upon one of said Units, no matter or circum- stance in connection with any other of said Units shall be considered or have any effect upon the other, all as fully and to the same extent as if separate proceedings and contracts had been had and executed with reference to the improvements to be made in each of said Units. SECTION 7. The City Council of the City of Plainview may make such corrections of mistakes, changes, and assessments as it may have the power to do by reason of the Statutes of the State of Texas and the Charter of the City. SECTION 8. The fact that the streets and portions thereof to be improved as heretofore and hereinabove provided for are in such condition and improvements are necessary and should be made without delay creates an emergency and imperative public necess- ity for the immediate preservation of the public peace, health, safety and general welfare, requiring that any rule necessitating more than one reading thereof, be and the same are hereby sus- pended; and this Ordinance shall be passed and take effect as an emergency measure and be in full force from and after its passage as provided by law, and it is so ordained. PASSED This the 1974, by unanimous vone Plainview. 10th day of September of the City Council of the City of -20- APPROVED This ..... 10th day of' September / A. 'D. 1974... ATTEST: ~-'~- M-~or City Clerk ,21-