HomeMy WebLinkAbout76-1950 ord ORDINANCE NO. 76-1950
AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT
OF THE CITY ENGINEER, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF
ALL THE IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT
PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE
REAL AND TRUE OWNERS THEREOF, AND THE ESTIMATES OF VARIOUS OTHER
COSTS FOR TEE IMPROVING OF PORTIONS OF SI/NDRY STREETS IN THE CITY
OF PLAINVIEW, TEXAS, WITHIN THE LIMITS HF. REINBELOW DESCRIBED, AND OF
OTHER MATTERS RELATING THERETO; DETERMINING AND FIXING THE PORTION
OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST
AND PAID BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS
THEREOF; AND DETERMINING THE AMOUNT OF COST TO BE PAID BY RAILWAYS
USING, OCCUPYING OR CROSSING ANY PORTION OF A SPECIFIC UNIT TO BE
IMPROVED; AND ASSESSING THE ENTIRE COST OF SUCH IMPROVEMENT IN THE
AREA BETWEEN SAID RAILWAYS OR RAILROAD COMPANIES RAILS AND TRACKS,
DOUBLE TRACKS, TURNOUTS AND SWITCHES AND TWO FEET ON EACH SIDE THEREOF;
AND DETERMINING THAT SAID AMOUNT SHALL BE PAID BY SAID RAILWAY USING,
OCCUPYING OR CROSSING SAID PORTION OF A SPECIFIC UNIT TO BE IMPROVED;
DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID
ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PORTION
OF SAID COSTS APPORTIONED TO THEM; DETERMINING THE NECESSITY OF LEVYING
~.~ ASSESSMENT AGAINST RAILWAYS USING ANY PORTION OF SAID STREETS TO BE
IMPROVED THE ENTIRE COST OF SUCH IMPROVE~RENT IN THE AREA BETWEEN THEIR
RAILS AND TRACKS, DOUBLE TRACKS, TURNOUTS AND SWITCHES AND TWO' FEET
ON EACH SIDE THEREOF; ORDERING AND SETTING A HEARING AT 10:00
_A_.M. ON THE 15th DAY OF. JULY , 1976, IN THE COUNCIL
CHAMBER OF THE CITY HALL OF PLAINVIEW, TEXAS, AS THE TIME AND PLACE
FOR THE HEARING OF THE REAL AND TRUE OI4N-ERS OF SAID ABUTTING PROPERTY
AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN ANY OF THE
PROCEEDINGS AND CONTRACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND
IMPROVEMENTS; DIRECTING THE CITY CLERK 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 THE CITY OF PLAINVIEW; DECLARING
AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON
ITS PASSAGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW:
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 A_j~ril 27 1976,
recorded in Ordinance Book 7 ' '
,, pages 298-304 , determined
the necessity for and ordered the improvemen~or~ions of Eas]Ci~th
Street and sundry other streets, in the city of plainview, Tex~s, within
the limits hereinafter defined, and in the manner and according to the
Plans and Specifications therefor, which said Plans and Specifications
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have heretofore been approved and adopted by said City Council. Said
L, treets¢' and the portions thereof to be improved, designated by unit
numbers are as follows:
Unit 1-76:
Unit 2~76:
Unit 3-76:
East 9th Street from the East property line of Fir
Street to the East property line of Milwee Street.
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.
Hilton Street from the East property line of Davidson
Street to the North property line of Yoakum Street.
(b) That a notice duly executed in the name of the City of Plainview,
Texas, of the enactment of said above described ordinance, has heretofore
been filed with the County Clerk of Hale County, Texas, the county in which
the City of Plainview is situated, and such notice has been duly recorded
in the Deed of Trust Records of Hale County, Texas.
(c) That said City Council after having duly advertised for bids in
the manner as required by law and the Charter of the City of Plainview,
did award contract for the construction of said improvements to
High Plains Pavers, Inc., upon its lowest and best responsible bid therefor,
and said contract which is dated April 28 , 1976, has been exe-
cuted by the said High Plains Pavers, Inc. and by said City, the execution
of which contract by the City being authorized by Resolution heretofore
passed by said City Council; and the performance bond required by law and
said contract has been properly furnished by said High Plains Pavers, Inc.
and approved and accepted by said City Council, all as required by law and
the Charter of the City of Plainview.
(d) That the City Council of the Cindy of Plainview has caused the
City Engineer to prepare and file estimates of the costs of such improve-
ments and estimates of the amount per front foot to be assessed against the
property abutting said streets; and the City Engineer has heretofore filed
said estimates and a statement of other matters relating thereto with said
City Council, and the same have been received, examined, and approved by
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said City Council; and that in accordance with said statement of the
estimates so filed by the City Engineer and herein approved, the
amounts of said estimated costs are hereinafter stated and set out
in the schedule contained in Section 2 hereof.
SECTION 2: The written statement amd 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 against the real and
true owners thereof 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 to the City of Plainview by the abutting
property and the real and true owners thereof to reimburse the said City
for a portion of the cost of such improvements and~showing the amount
of said improvements to be paid by railways and railroad companies using,
occupying or crossing a portion of a specified unit to be improved for
t]~e improvement in the area between their rails and tracks, double tracks,
turnouts and switches and two feet on each side thereof, and showing the
total estimated cost of said improvements on each of said streets or
~its and 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 said City Council that the estimated amounts
of the several respective items of costs of said improvements as above
described on each of such streets or units are as follows, to wit:
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May I8, t976
TO THE MAYOR AJND CITY COD~CILFf~N
CITY OF PLAINVIEW, TEXAS
Gent] emen:
In accordance with the proceedings heretofore had by the
City Council, and at you direction and as required by law,
I have prepared and herewi~gh su'smit to you, estimates of
the cost of improving., various and sundry streets in the
City of P]alnview, Texas, (as hereinafter described) as
ordered by Resolution No. 76-071, duly passed by the
City Council on the l!th day of May, A. D., 1976, by
the paving of said streets and the construction of curbs,
gutters and other appurtenances thereto, all as provided
for in the approved Plans and Specifications t?~erefor
and in the Contract dsted the 28th day of April, 1976,
between the City of Plainview and High Plains Pavers, Inc.,
said streets and the portions thereof being described and
identified as follows, to-wit:
Unit 1-76:
East 9th Street from the East property line of
Fir Street to the East property line of Mil~ee
Street.
bn.~t 2~ ~ 6.
East 9th Street from the = ~+
~a=~. property line of
Milwee Stree~c to its i~tersection with Hilton
Street and Hi!zen Streer~ from its intersection
with East 9th Street to the Eas% property line
of Davidson Street.
Unit 3~-76:
· ito,~ Street from the East property line of
Davidson Street to the North property line of
Yoakum Street.
'H~e estimates attached hereto are based upon the unit prices
called for in said Contract and the apportionment of the cost
of said improvemm~ts as heretofore proposed and described by
you; ~.d said estimates contain the. proposed amounts per fronZ
foot to be charged and assessed against the abatt'ing property~
and the real and t~ae o~mers therof', for the following items,
respectively':
Amount per front foot for property owner curb and gutter
abutting property;
Amounts per front foot for other improvements exclusive
of property owner curb and gutter for abutting property;
Total amounts per fron
for abutting property.
Said estimates further show
proposed to be charged agai~
and the real and true owner:
foot for all said improvements
the total cost of said improvements
~st and paid by said abutting property,
thereof; the total cost of said
improvements to be pa~d by ~:he_ City of Plainview, Texas, and the
to{aI
said'i~Provements in reference to, and on
cost
of
all
of
each of said streets or Units !o be improved
as
above
described
and as indicated therein bySt~ee't- and Unit numbers, said esti-
mates in reference to each ~f said Streets and Units bein~ as
ttached hereto.
In addition to the above estimates, I herewith hand you proposed
Assessment Rolls, or statement, relative to said improvements on
eac~ of said Streets or Units on ~hich i have sho~ the proposed
amounts to De assessed against the several parcels of-abutting
~roperty,. . and the .real and~rue~, o~ers~ thereof~_ to~ether~ with__
destr~p~mons of samd proper~mes, the number of front foot frontage.
names or apparent owners, a~d othe~ matters all as ......... ~
i have been able to determine.
Respectful iy submitte4,
Wm. R. Hogge, P. E.
City Engineer
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SECTION 3: The cost of said improvements shall be paid as follows,
to wit:
(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 thereof by means of such improvements.
Tihe 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 4: That allocation of payment 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 abutting property and the owners thereof of a specific unit
as herein designated 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 speci-
fied 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 improw~ment.
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SECTION: That the part of the cost of the specified improvements
as herein designated, which may be assessed against abutting property and
owners thereof, shali 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
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 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) The construction and installation of the improvements herein
ordered in each street unit or portion of street herein designated and.
described shall be separate and independent of the construction and
installation of such improvements in each and every other street unit
or portion of street. The assessments to be levied for the improvements
in each street unit shall be separate and distinct from each other; and
in making and levying the assessments against property for the improve-
ments in each street unit as herein designated and defined, no matter
or circumstance in connection with any ot]~er such unit shall be considered
in. connection with the other. Such proceedings as to each of such units
shall be separate and independent, all as fully and to the same extent
as if separate contracts were executed and separate proceedings h~d with
reference to each such unit.
SECTION 6: 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 ow~ing, 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 to railways using, occupying or crossing any
portion of a specific unit as herein designated to be improved, and
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concerning any error, invalidity, irregularity, 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 Plainview, Texas, beginning
at 10:00 A .M. on the 15th day of July , 1976,
at which time and ~lace all persons, firms, corporation', or estates owning
or claiming any such abutting property or any interest therein, and their
agents or attorneys, railways and railroad companies using, occupying
or crossing any portion of a specific unit as herein designated to be
improved, and persons interested in said proceedings shall be notified
to appear and to be heard in person or by counsel and may offer evidence;
and said hearing may be adjourned from da~ to day and from time to time
and kept open until all evidence 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
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 newspaper published in the City of Plainview, Texas, the first
publication shall be made at least twenty-one (21) days before said hearing;
~d, 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 (14) 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 railways
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 ~l~_~105'~Ve~non,'s~Ann0t'a~ed Civil.~S~at~te~as amended~ Acts
0~ ~967,.~60~hLeg~slature,-Page.~65' C~pter~17~,-P~ragraph 1.
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SECTION 7: Following such hearing as above provided, assessments
will be levied against said abutting property, and the real and true owners
thereof 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
lthe 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 fact,
and it shatl~be unnecessary to give the correct name of any such owner
and no error 'or mistake in attempting to name such owner or in describing
any of said property shall invalidate any assessment or certificate
issued in evidence thereof; but nevertheless, 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 prope~rty correctly described therein.
Assessments of a special tax as provided by law shall be levied against
railways or railroad companies using, occupying or crossing any portion
of a specific unit as herein designated to be improved 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.
SECTION 8: Each portion of said streets hereinabove described
and designated by Unit members 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 assessment 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 circumstance 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 hadbeen had and executed with reference to the improvements
to be made in each of said Units.
SECTION 9: The City Council of the City of Plainview may make such
corrections of mistakes, changes, and ass~essments as it may have the power
to do by reason of the Statutes of the State of Texas and the Charter of
tlhe City.
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SECTION 10: 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 ~nperative 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 suspended;
and this Ordinance shall be passed and take effect as an emergency
measure and be in full force f~om~.and after its passage as provided
by law, and it is so ordained.
PASSED this the 8th day of June , A. D. 1976,
by unanimous vote of the City Council of the City of Plainview.
APPROVED this the 8th day of June
, A. D. 1976.
ATTEST:
ayor- J