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HomeMy WebLinkAbout76-1945 ordO=INANCE NO. 76-1945 AN ORDINANCE DECLARING THE NECESSITY FOR ~AND ORDERING THE PAVING AND IPiPROVEMENT OF PORTIONS OF CERTAIN STREETS IN THE CITY OF PLAINVIEW, TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; APPROVING THE REPORT OF THE CITY ENGINEER AS TO PLANS, SPECIFICATIONS AND ADVERTISEMENTS FOR BIDS~HERETOFORE ORDERED BY RESOLUTION; INVOKING THE PROCEDURE PROVIDED BY C ~HAPTEiR 106, ACTS OF THE FIRST- CALLED SESSION OF THE 40TH LEGISLATURE OF TEXAS (ARTICLE l105b, Vernon's Ann. Civ. St.); DETERMINING THAT THE COST OF SUCH IMPROVEMENTS S~LALL BE PAID BY THE CITY OF PLAINVIEW; PROVIDING A METHOD OF REIMBURSING THE CITY OF PLAIN-VIEW FOR A PORTION OF SUCH COSTS BY ASSESSMENT OF A PORTION OF SUCH COSTS AGAINST THE PROPERTY ABUTTING SUCH STREETS OR PORTIONS THEREOF TO BE I}~ROVED, AND FOR THE FIXING OF LIENS TO SECURE PAYMENT OF SUCH ASSESSMENTS; STATING THE TIME AND MANNER PROPOSED FOR PAYMENT TOF ALL SUCH COSTS; A~) PROVIDING THAT RAILWAYS USING, OCCUPYING OR CROSSING ANY PORTION OF A SPECIFIC UNIT TO BE IMPROVED SHALL BE ASSESSED FOR AND SHALL PAY FOR THE ENTIRE COST OF SUCH IMPROVEMENT IN THE AREA BETWEEN THEIR RAILS AND TRACKS, DOUBLE TRACKS, TURNOUTS, AND SWITCHES AND TWO FEET ON EACH SIDE THEREOF; DIRECTING THE CITY CLERK TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE MORTGAGE OR DEED OF TRUST RECORDS OF HALE COUNTY, TEXAS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That a public necessity exists for the permanent improvement of those certain portions of public streets hereinafter listed, by excavating, grading and filling same, and by installing concrete curbs and gutters, and, where necessary, storm sewers and drains, and by paving as hereinafter provided and such improvements are hereby ordered, the portions of public streets to be so improved being designated and defined by Street Units as follows: Unit 1-76: East 9th Street from the East property line of Fir Street to the East property line of Milwee Street. Unit 2-76: East 9th Street from the East property line of Milwee Street to its intersection with Hilton Street and Hilton Street from its intersection with East 9th Street to the East property line of Davidson Street. Unit 3-76 Hilton Street from the East property line of Davidson Street to the North property line of Yoakum Street. SECTION 2: Each street unit and portion of said street as hereinabove designated, shall 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 with the following types of mater~al on specified foundation: (a) Paving to be thirty-six feet wide, consisting of curb and gutter with three course asphalt and aggregate surface on six inch compacted caliche base. (b) Each of said street units shall be paved within the limits set out in Section 1, above, curbs and gutters will be installed where the City Engineer of the City of Plainview determines that adequate curbs and gutters do not exist, and necessary drainage facilities will be installed. The plans and specifications for all such improvements, heretofore prepared by the City Engineer of the City of Plainview, and now on file with the City Council are hereby in all things approved. SECTION 3: The City Engineer of the City of Plainview has heretofore by Resolution been directed to prepare the plans and specifications and to issue Notice to Bidders based upon said plans and specifications and to advertise same as provided by law. Upon receipt and opening of the bids and the acceptance of one of such bids by the City Council for such improvement work, the City Engineer of the City of Plainview is directed to prepare and file with the City Council his estimate of the total cost of improvemamts herein ordered, and the total amount of the part of such cost to be assessed against the abutting property owners under the provisions of Section 5 hereof and the instructions which may be given him by the City Council, and the total of such costs to be assessed against railways using, occupying or crossing any portion of a specific unit to be improved. SECTION 4: The City Council of the City of Plainview deems it advisable and hereby determines to proceed under and in the exercise of the powers, terms and provisions of Chapter 106, Acts of the First-called Session of the 40th Legislature of Texas (~being Article l105b V.A.T.S.). -2- SECTION: The cost of said improvements shall be paid as follows, to-wi t: (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 by assessment against the respective abutting properties and the real and true owners thereof, and as against railways using, occupying or crossing any portion of a specific unit herein designated to be improved, all in accordance with applicable provision of the Statutes of the State of Texas herein referred to. No assessments shall be made against any abutting property or the real and true owners thereof for costs in excess of the benefits to such property in enhanced value ~hereof by means of such impr°vements. The amounts of such assessments Shall constitute a first and prior lien upon all such properties and a personal liability of the real and true owners thereof, whether correctly named or not, and shall be payable as hereinafter provided in this ordinance. SECTION 6: That allocation of paymemt for the specified improvements of the said streets as herein designated, shall be as follows: (a) Railways using, occupying, or crossing any portion of a specific unit as herein designated to be improved, shall be assessed for and shall pay for the entire cost of such improvements in the area between their rails and tracks, double tracks, turnouts and switches, and two feet on each side thereof. (b) The ab~tting property and the owners thereof of a specific unit as herein designayed to be improved, shall be assessed for and shall pay for the cost of the curb and gutter. (1) 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 he assessed against the abutting property and shall be paid by suc~abutting property owner a lesser amount, not to exceed the benefits of the said improvement. SECTION 7: That the part of the cost of the specified improvements as herein designated, which may be assessed against abutting property and owmers thereof, shall be apportioned among the parcels of abutting property and owners thereof in accordance With the Front Foot Plan or Rule. (a) In connection with the above apportionment, should it appear that -3- the application of the above plan or rul would, in the opinion of the City Council of Plainview, in particula~ cases result in injustice or inequality, the said Council shall apportion and assess the 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 adjust- ment of such apportionment, so as to produce a substantial equality of benefits received and burdens imposed. (b) ordered in each street unit or portion o described shall be separate and independ installation of such improvements in eac or portion of street. The assessments t The construction and installat£on of the improvements herein street herein designated and nt of the construction and and every other street unit be levied for the improvements in each street unit shall be separate an distinct from each other; and in making and levying the assessments ag inst property for the improve- ments in each street unit as herein designated and defined, no matter or circumstance in connection with any o~her such unit shall be Considered in connection with the other. Such proceedings as to each of such units hall be separate and Independent, all a~ fully and to the same extent as if separate contracts were executed a~d separate proceedings had with reference to each such unit. SECTION 8: That the-time,~ terms anO conditionsof payment of the amounts to be~e~and'to be paid'f~'.the sp~cified~impr~ements of .a specific Unitasherein~designated,.shall'~e.as~follows: (a) When the improvements herein ordered for any street Unit herein designated have been completed~and accepted by the City of Plainview, the amount of the assessment against each property abutting thereon and the real and true owners thereof shall become payable in three equal installments, respectively due as follows: (1) The first installment shall, be due and payable 10 days after the.~completio~ .of th~ specified improvement of such Unit as herein designated and the acceptance of same as satisfactory by the City of Plainview; (2) The second installment shall be due and payable one year after the first installment is due and payable; and (3) The third installment shall be due and payable two years after the first installment is due and payable. -4- Ail of such amounts so assessed sh~ll bear interest annually from the date the first installment is due and payable until paid at the rate of 7.5% per annum. Provided, however, that the owners of any of said property shall have the privilege of paying all or ,ny of said installments at any time before maturity thereof by principal of such installment together thereon to date of payment. Further, i payment of any of said installments of ' promptly as the same matures, then at ti its assigns, the entire amount of the a~ is made together with reasonable attorn~ costs incurred shall be and become imme, In connection with the installment assessments, it shall be, in addition, payment of any installment or interest' option of the holder of such obligation and payable the entire unpaid balance o (b) The amounts assessed against for such improvement in the area betwee double tracks, turnouts and switches, m thereof, shall be paid on estimates or ten (10) days, after completion of the the specific Unit as herein designated, same as satisfactory by the City of Pla so assessed shall bear interest from th~ rate of 7.5% per annum. paying the total amount of ~itt the interest accrued [ default be made in the )ri~cipal or interest ~e cption of the City or ~se~sments upon which default ~y's fees and all collection tiately due and payable. pay hen MU nd th d t tat pec and nvi t d ment of the above ided that default in due, shall at the ture and render due ch obligation. to be paid by Railways eir rails and tracks, ~o feet on each side ements, on or before ified improvement of the acceptance of mw, and such amounts ate until paid at the SECTION 9' That the amounts to be a¢~sessed and ~ . _- ~ to be paid for the specified improvement as herein designaged, shall be a first and prior lien against abutting property therein fr0~the date such improvement is ordered by Ordinance as hereinbefore_proVided, and shall be a personal liability and charge against tRe t~ue owners of such property at said date, whether named or not. (a) The City Council of Plainview, ~ssued, in the name of the City, assign~ pf assessments levied, declaring the'ti~ ~iability of the true owner or owners ti or not, and shall fix therein the terms (1) The above certificates st proceedings with reference to maki~ · ~ .n u e] 'e a~ .d ~a] i g ti · as, shall cause to be certificates in evidence ~on the property and the ~f, whether correctly named conditions of such certificates. recite substantially that the ~e, improvement therein referred to, -5- 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) of collection and reasonable at! a first and prior lien on the p~ liens and claims except State,( Valorem Taxes, and shall be a pc said owners of the property ass~ SUch assessments shall be collectable with interest, expense iorney's fees, if incurred, and shall be 'operty assessed, superior to all other :oun~y, Sc'hool~District and City Ad .rso]al liability and charge against .ssed. SECTION 10: Any security, of the City Attorney, is reason~ paving assessments and assignab] the payment of the part of the the abutting property and theo proper agency of the City of P1 n~ e reasonably satisfactory securit~ the whole street unit to which t My, at the option of the City df P1 and the lien upon the propertie~ ab filing of notice of the enactment of ty_ SECTION 12: That fact that t~ improved as herein provided are in b --6-- or document which in the opinion necessary in addition to the ~rtificates above mentioned, to secure of t]he improvements assessed against thereof, shall be obtained by the .ew. If said agency is unable to obtain to a~z abutting property or owner, 'rontage of such property belongs .ainview, be deleted from the contract, .tting said street unit fixed by the this Ordinance will be released. SECTIO~:ll: The City prepared a notice of the ena, with the County Clerk of Hale of Trust Records of said County. hereby directed to cause to be f this Ordinance and file said notice , Texas, among the Mortgage or Deed e streets and portions thereof to be ad and dangerous condition and should be improved without delay creates an emergency and imperative public necessity for the immediate preservation of the public peace, health, safety and general welfare, requiring that any rule or custom pertaining to khe reading of the ordinance more than one time, or prohibiting the taking effect of said ordinance on the day of passage, be and the same are hereby suspended; and this Ordinance shall be, passed and take effect as an emergency measure and be in full force and effect from and after its passage as provided by law,_ and it is so ordained. PASSED and APPROVED this the 2~h day of April; A. D. 1976. ATTEST: M. L. REA, City Clerk ORN D.-S~ONE~, Mayor