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HomeMy WebLinkAboutOrd 75-1890ORDINANCE NO. 75-1890 AN ORDINANCE ACCEPTING CERTAIN STREET IMPROVEMENTS MADE IN THE CITY OF PLAINVIEW, TEXAS, IN ACCORDANCE WITH AND PUI~BUANT TO AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, PASSED AND DATED DECEMBER 10, 1974 AND NUMBERED 74-1686. WHEREAS, the governing body of the City of Plainview, Hale County, Texas, determined upon the necessity for improvements to certain public streets within the Citylimits .of Plainview, Texas, in accordance with Plans and Specifications on file with the City Clerk and the City Engi- neer; and, WHEREAS, after due advertisement for bids, a contract for the making of said improvements was awarded and entered, into with High Plains Pavers, Inc.;and, WHEREAS, the governing body of the City of Plainview, Texas, there- after in due time, form and manner, by Ordinance No. 74-1686 duly adopted and passed on the 10th day of December, 1974j assessed against the lots or parcels abutting on said streets improved as aforesaid and the owner or owners thereof, the due and proportionate part of the costs of said improvements to be borne by said abutting property owners, fixing and impressing upon said abutting property, as a first and prior lien thereon, superior to all other liens and claims except State, County, and City Ad Valorem Taxes; and fixing as a personal liability and charge against the true owners of said property, whether in said ordinance named or not, the unit designation being fully set forth in Appendix "A" attached hereto, the same being made a part of this Ordinance as fully as had it been set forth verbatim herein; and WHEREAS, said improvements have been completed and the City Engineer of Plainview, Texas, has heretofore inspected the same, certified his approval to this governing body on this the21st~day of October, 1975, expressly accepting these improvements by reason whereof, the assessments heretofore made became due and payable ten (10) days after this the 21~ day of October, 1975, the date .of acceptance of such improvements by said City; and, WHEREAS, under the terms of the ordinance adopted by the governing body of the City of Plainview, Texas, and pursuant to the terms and pro- visions of the contract for improvements of said public streets, executed between the City of Plainview, Texas, and High Plains Pavers, Inc., the contractor has completed said improvements and is entitled to be paid for said improvements by the City of Plainview as provided in the contract. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That the improvements on tlhe portions of the public streets described in Appendix A attached hereto, the same having been performed under the above described contract, are hereby accepted and the Mayor and City Clerk are thereby authorized to make payments of all amounts due by City to High Plains Pavers, Inc. upon certification of the City Engineer that said amount- is correct and due and payable. EXHIB 3iT A TO ORDINANCE NO. UNIT 33-1-74 34-1-74 36-1-74 37-1-74 Voluntary 1-3-74 1-4-74 2-4-74 Milwaukee Street Independence Street West' 18th Street West 18th Street West 18th Street West 4th Street Ennis Street Ennis Street F~DM RR. R.O.W. SPL 18th St.-- ._ - 22,0' S. of 6th C/L 6th~ St. - ....... Utica St. 160' W. of Utica WPL I~xin~ St~ WPL Kokomo St. ~-~'L Lexington St. EPL Garland St. WPL Milwaukee St. EPL Ennis St. 25;8.8' S. of U. S. Highway 70 NPL W. 4th St. SPL W. 4th St. 312.5' $. of W. 4th St. SECTION 2: That the Mayor and City Clerk, of the City of Plainview, Texa~, are hereby authorized and directed to execute and deliver in the City's name assignable certificates to the City of Plainview, evidencing ~h~ assessment levied, declaring the lien upon the appropriate property, and fixing the term and conditions of such certificates in accordance with Ordinance No. 74-1686 passed the 10th day of December, 1974 by the governing body of the City of Plainview, Hale County, Texas. Said improvements to the abutting property, abutting the portion of the streets in the City of Plainview referred to in said Exhibit A are hereby accepted by the City Council of the City of Plainview on this the 21st day of October, 1975..And, in accordance with the terms and provisions of said Ordinance No. 74-1686, the first installment on the assessment and the certificates referred to and described in said Ordinance No. 74-1686 shall be due and payable ten days from this date and a like installment shall be due and payable thereafter as provided in said Ordinance and said assignable certificates above referred to shall so provide. SECTION 3: Pursuant tO Resolution of the City of Plainview heretofore passed there are property owners against whom assessment liens were levied for improvements by said Ordinance No. 74-1686 who have made, executed and delivered to the City of Plainview a Note and Mechanic's Lien on the abutting property and thereby securing more favorable terms for themselves than the assessment, which said Mechanic's Lien was executed as additional security to the paving lien and which said note is payable on more favorable terms than the certificates hereinabove referred to and provided for in said Ordinance No. 74-1686. In those cases where Mechanic's Liens were'executed together with a Mechanic's Lien and Mechanic's Lien Note, Certificates referred to above shall not be issued. The said Mechanic's Lien Note and Mechanic's Lien pro- vide that the first installment shall be due and payabl~ on or before twenty days after the acceptance of said improvements by the City Council of the City of Plainview. WHEREFORE, the City Council of the City of Plainview does hereby declare that said improvements described in Exhibit A have been accepted on this the 2is~ day of October, 1975, that therefore the first installment on said Mechanic's Lien Note secured by Mechanic's Lien on any of the property des- cribed in Exhibit A hereof shall be and are hereby due and payable on or before the 81st?day of October, 1975, and a like installment together with interest thereon shall be due and payable on or before the same day of each year thereafter until said note and all interest thereon have been paid. SECTION 4: This Ordinance shall take effect and be in force from and after its passage. IN TESTIMONY WHEREOF, the City of Plainview, Texas, a municipal corporation, acting by and through its Mayor, John D. Stoneham, hereunto duly authorized, ~as executed these presents, under the seal of Plainview, Texas, and attestation by the City Clerk, this 21s~ day of October, A.D. 1975. ATTEST: L. Rea, C~ty C CITY 0~ PLAINVIEW l~rt D. Stonehan{, Mayo~r STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW I~, M. L. REA, City Clerk of the City of Plainview, do hereby certify that the above and foregoing Ordinance is a true and correct copy of Ordinance passed hy the City Council of the City of Plainview on the date therein stated; TO WHICH I CERTIFY. of Plainview STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, ca this day personally appeared M. L. REA, City Clerk of the City of Plainview, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein ex- pressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE~ this the ~~ day of October, A. D. 1975. Notary Public, Hale Connty, Texas