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HomeMy WebLinkAbout76-1972 ord76-1972 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF PLAINVIEW, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE O~NERS THEREOF BY VIRTUE OF THE IMPROVEMENTS TO BE MADE TO SAID STREETS WITHIN SAID LIMITS; FINDING AND DETERMINING THE PARCELS OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED THAT WILL BE SPECIALLY BENEFITED AND.. ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE PORTION OF THE COSTS OF SAID IMPROVEMENTS ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, LEVYING AN ASSESSMENT FOR THE PAYMENT-~oF A PORTION OF THE COSTS OF IMPROVING SAID STREETS WITHIN THE LIMITS '~ ~' DEFINED, FIXING A CHARGE AND LIEN AGAINST SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAY~{ENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DETERMINING THE AMOUNT OF COST TO BE PAID BY RAILWAYS USING, OCCUPYIN~G OR CROSSING ANY PORTION OF A SPECIFIC UNIT TO BE IMPROVED, AND ASSESSING THE ENTIRE COST OF SUCH I~ROVEMENT IN THE AREA BETWEEN SAID RAILWAYS OR RAILROAD COMPANIES RAILS AND TRACKS, DOUBLE TRACKS, TURNOUTS AND SWITCHES, AND TWO FEET ON EACH SIDE THEREOF TO THE RAILWAYS OI'~NING SAID PROPERTY OR IN LIEU THEREOF GIVING THE RAILWAY COMPANIES THE OPTION OF MAKING SAID IMPROVEMENTS THEMSELVES; FINDING END DET.EP2MINING THE PORTIONS OF STREETS DESCRIBED IN THE ORDINANCES PREVIOUSLY ADOPTED; DETERMINING THE NECESSITY FOR IMPROVEMENT OF CERTAIN STREETS, IN REGARD TO WHICH THE IMPROVEMENTS WILL NOT BE BENEFITED IN AN AMOUNT IN EXCESS OF THE COST OF T~ I~ROVEMENTS, AND PROVIDING FOR THE RELEASE OF ANY LIEN, EXPRESS OR IMPLIED, AS AGAINST PROPERTY ABUTTING ANY PORTION OF THE STREET OR STREETS TO BE IMPROVED IN REGARD TO WHICH THE ASSESSMENTS ARE NOT MADE FOR IMPROVE- MENTS; DECLARING AN E}~RGENCY; PROVIDING THAT THIS ORDINANCE SHALL BECOME' EFFECTIVE IMMEDIATELY UPON ITS PASSAGE; AND PROVIDING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1. The City Council of the City of PlainvieW, Texas, finds: (a) That the City Council of the City of Plainview, Texas, has heretofore by ordinance duly enacted on April 27, 1976, determined the necessity for, and ordered the improvements of portions of East 9th Street and sundry other streets in the City of Plainview, Texas, within the limits therein defined, and 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. (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 wi~h the County Clerk of Hale County, Texas, the County in which said City of Plainview is situated on the ~O~ day Of ~~ , 1976. (c) That said City Council after having advertised for bids in the manner as required by law and by the Charter of said City, did award the contract for the construction of said improvements to High Plains Pavers, Inc., upon its lowest and best bid therefor, and said contracn, which is dated April 28~ 1976, has been executed by said High Plains P~ers, Inc. and by the City of Plainview; and the performance bond required by law and by said contract has been properly furnished by the said High Plains Pavers, Inc. (d) That the City Council caused the City Engineer to prepare and file estimates of the costs of such improvements and estimates of the amount per front foot proposed to be assessed against the property abutting each of said streets within the limits defined, and against the real and true owners thereof. (e) That upon the filing of said estimates the City Council did by ordinance duly enacted on JUne 8 , 1976, provide for and order a hearing to be held at 10:00 o'clock a.m. on the 15th day of July, 1976, in the Council Chamber of the City Hall of Plainview, Texas, at which time and place all persons, firms, corporations and estates owning or claiming any such abutting property, or any interest therein, were to appear~and be heard in person or by counsel; and such ordinance directed the City Clerk to give due notice of such hearing in the manner required by law. (f) That after due publication of notice as required by law, and on the 15th day of July, 1976, at 10:00 a.m. said hearing was opened and held in accordance with said Ordinance and Notice, at'which time and place an opportunity was given to all of the above mentioned parties and agents and attorneys to be heard and to offer evidence as to all matters in accordance with said Ordinance and Notice, at which time the following appeared and testified as follows: The City Engineer of the City of Plainview described the improvements proposed to be constructed and explained the method of apportionment of the costs of such improvements between the City and the abutting property and the owners thereof. The City Engineer also pointed out that a Notice of the hearing had been published in the Plainview Daily Herald, a dailypaper of general circulation in ~he City of Plainview at the time and in th~.~ manner required by law; that such contained proposed rates per front foot to be assessed against the ab~tting property and its Owners. The City Engineer further testified that -2- he had mailed a notice by United States Mail to the owner of each property abutting said street or streets as shown by the assessment tax records of the City of Plainview, and that he had also mailed a notice to each of the railroads having railways crossing streets included in the streets to be improved. Ralph Graham then testified that he is a profesSional real estate broker and that he has had experience and training in appraising property and that he had familiarized himself with the market value of property within the City of Plainview and also was familiar with the difference that it made in property where it had paving abutting it, and that he had inspected each parcel of property abutting upon the streets and units hereinafter set out within the past ten days, and then he testified as to th~ market value of each abutting property as shown on the City Engineer s Roll as shown in Ordinance No. 76-1950, in its present condition, and then stated what, in his opinion, would be the amount in dollars and cents that th~ market value would be enhanced by the improvements to be made to the abgtting property, and in each instance and as to each parcel of property the amount of enhancement he testified to was an amount that would enhance th~ property in value greater than the proposed assessment against such property. The Mayor then asked if there were other 'parties present who desired to be heard on any matter in connection with tlhe imprOVements under consideration, and Joe Webb, a property owner, then questioned the appraiser as to the value he had placed on property owned by him and Mr. C. A. Robinson and Mr. Glen W. Tullis, and after disagreeing ,with Mr. Graham as to the market value of the property in its present condition, stated that he had no objection to the paving and was not opposing the project. Mr. C. A. Robinson then stated that he would go along with the paving project. Mr. Douglas Graham then appeared and examined the appraiser pertaining to his appraisal of the property owned by the Lizzie Merryman Estate and pointed out that the property described as being owned by the Lizzie Merryman Estate was actually a playa lake, and that improving the pavement along this property would not improve its value any for t]he reason that since it was subject to flooding it had no value either as commercial or residential property and that the land was covered with water in periods of heavy rainfall. -3- Mr. Mario A. Rodriguez then appeared and stated that he owned Lots 5 and 6, Eldora Addition to Ptainview, described in Item 7, Unit 2-76, and that Mr. Martinez owned Lot 4 described in Item 7 'of said Unit. Mr. Estevian Diaz then appeared and through interpreter testified that he owned ~.otsZa~l&2~,A~described in Item No. 8 , Unit 3-76 and that he was already paying $15.00 per month on the paving on the other side of the property and that he was not able no pay any more. A letter from the Atchison, Topeka and Santa Fe Railway Company was read into the record and placed into the record in which said letter they objected to the assessment and also objected to any one other than their own agents working on their said right-of-ways. Then a letter from the Fort Worth and Denver Railway was acknowledged and placed.in the record in which they stated that they could not under any circumstances permit anyone other than their own employees to do any Work on the railroad itself, and that any work done on their right-of-way would have to be done by them. Because of the conditions and matters stated in said letter, they also opposed to the manner and method of improvements and to the assessment as against said railroad. The letter from the Fort Worth and Denver Railway was read into the record and placed in the record in which they stated that they would be amenable to making improvements on their property in the manner set out in their letter, but that they could not under any circumstances permit anyone otBer than their own force to do any work on their railroad right-of-way in connection with their rails. The Mayor then asked if there were any other parties present who desired to be heard on any matter in connection with the improvements under consideration, but there being no other persons present who wished to be heard at such hearing, the Mayor announced that the hearing was closed and directed the City Attorney to prepare an Ordinance incorporating the findings of the City Council when ma~e. (g) That at said hearing no protests (except as hereinabove stated), objections oc testimony were offered as to said improvements, and none as to the contracts or assessments therefor, or as to any of the proceedings in reference thereto; that the City Council has heard all parties who appeared and de sired to testify, object or protest as to the special benefits in enhanced value to accrue to said abutting property and the~eal and true owners thereof as compared wi~h the portion of the cost of constructing said improvements proposed to be assessed against said abutting property, and has heard all parties appearing and offering testimony, together with all objections and protests relative to such matters and relative to any errors, invalidities -4- or irregularities in any of the proceedings and contract for said improve- ments, and has given a full and fair hearing to all parties making or desiring to make any such protest or objection or to offer testimony, and has fully examined and considered all of said evidence, matters, testimony and objections offered. (h) That said City Council did consider and correct ail errors, invalidi- ties or deficiencies called to its attention and did find that all proceedings and contracts were proper and in accordance with the laws under which same are being had and with the directives of said City Council in reference to such improvements, and that all of same are in all 'respects valid and regular. (i) That based on the evidence, matters, testimony and objections considered at such hearing the said City Council has determined that the properties, and each and every parcel of such 'property abutting upon the streets and Units as hereinafter set out, will be enhanced in value and specially benefited by the construction of suclh improvements in an amount in excess of the amount of the cost of such improvements proposed to be, and as hereinafter assessed against each of said parcels of property, abutting upon said streets, and the real and true owners thereof, except as to~'~the property owned by the Lizzie Merryman Estate and described in Item 10 of Unit 2-76 of the Engineer's Roll, and Item 9 of Unit No. 3-76 of the Engineer's Roll and owned and assessed to the Lizzie Merryman Estate. And in this connection, the City Council finds that the property of said Estate which abuts the proposed improvements and described in the items and units as above referred to is playa lake property; that is, the said property is subject to flooding and it is not suitable for either residential or commercial use and is suitable only for grazing and that the present improvement for transportation along this property is sufficient to serve these purposes, and therefore, improving such facilities for transportation along this property in the manner proposed would not enhance its value. The Council further finds that there is no reason why the railroads, that is, the Fort Worth and Denver Railway Company and the Atchison, Topeka and Santa Fe Railway Company described in the City Engineer's Roll should not pay for the improvements~_to be assessed against them as provided in Ordinance No. 76-1950, but that in lieu of making the assessments, the railroads should be given the option of making their own improvements with solid plank crossings and t-hat if said railroads make the improvements, that the assessments should not be made, but otherwise, assessments should be made against them for the cost of making improvements as set out in the Engineer's Roll. -5- (j) That said City Council is of the opinion, and finds, that the Front Foot Plan or Rule, if uniformly applied will not result in injustices and inequities between different parcels of property within the same unit; and the City Council has determined to apportion and assess the cost as set out in the Engineer's Roll. That said City Counci 1 has adopted the rule of apportionment and division of the costs of said improvements between said abutting properties and the real and true owners thereof herein set forth and has found the same to be just and equitable and to produce substantial equality considering the benefits to be received and the burdens imposed thereby; and said City Council has further found upon the evidence considered that the assessments hereinafter made and the charges hereby declared against said abutting properties and the re~l and true owners thereof are just and equitable, and that all objections and protests should be overruled and denied. SECTION 2. There being no further protests or testimony for or. against or in reference to said improvements, benefits or proceedings, said hearing granted to the real and true owners of properties abutting upon said streets or Units within the limits herein defined, and to all persons, firms, corporations and estates, owning or claiming same or ~any interest therein, shall be, and t~e same is hereby closed, and all protests and objections whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 3. (a) The City Council hereby finds and determines upon the evidence heard in reference to each and every parcel of property (with the exception of the Lizzie Merryman property hereinabove referred to) abutting upon the streets and Units hereinafter set out, that the enhancement in value to accrue to said property and the real and true owners thereof by virtue of the construction of said improvements in said portions of said streets, will be in excess of the amount of the costs of said improvements proposed to be assessed against abutting property and the real and true owners thereof, and as herein assessed against said abutting properties and the real and true owners thereof; and finds that the apportionment of the costs of said improvements and the assessments hereinbelow made are just and equitable and produce substantial equality, considering the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas and the Charter of the said City; and further finds that all proceedings and contracts heretofore had with reference to said improvements are in all~'respects regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as -6- hereinafter described, and the personal liability of the real and true owners thereof, whether named or correctly named herein or not, have been in all things regularly had and performed in compliance with the law and the proceedings of said City Council. (b) The City Council further finds that each railroad company having crossings, that is, the Fort Worth and Denver Railway Company and the Atchison, Topeka and SantaFe Railway Company, each having railways using, ocdupying or crossing a portion of a specific Unit as designated in the Engineer's Roll should be assessed for and 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. But that said railways should be given the option of making ~the improvements and if said improvements are made by them by solid plank crossing, that no assessment be made against them as provided, mmd no tax assessed against them as provided by Statutes of the State of Texas, but that in the event that said railroads do not make said improvem~mts with their own agents and employees, that then each of said railways as designated in the Engineer's Roll shall pay the amount as shown in said Engineer's Roll an~ that the same shall be collected as a special tax as provided by the Statutes of the State of Texas and the laws in regard thereto. SECTION 4. (a) In pursuance of said Ordinance duly enacted by said City Council authorizing and ordering the improvement of said streets and units, including the said portions of streets and Units hereinbelow set out, which Ordinance was passed as aforesaid, on June 8, 1976, and in pursuance of said proceedings heretofore had and enacted by said City Council in reference to said improvements and by virtue of the powers vested in said City with,'respect to said street improvements by the laws of the State of Texas, with particular reference to Chapter 106 of the Ac~s of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article l105-b, Vernon's Annotated Civil Statutes of Texas, as amended, and Section 199 of the Charter of the City of Plainview, Texas, there shall be, and is hereby levied, assessed and taxed against the respective parcels of property hereinafter described and abutting upon the said streets and Units hereinafter set out and within the limits below defined an~ against the real and true owners of such property whether such real and true owners be named, or correctly named, or said proPerties be correctly described herein or not, the several sums of money hereinbelow mentioned an~ itemized= opposite the description of the respective parcels of said -7- property, the description of such property, the number of front feet of each, and the several amounts assessed against the same and the real and true owners thereof, (and where the amount so assessed against the corner properties has been computed by adjusting the frontage, such amount so assessed shall constitute a lien against the entire property abutting the paving actually constructed and not merely against the amount Of frontage used as an adjusted basis for the assessment), and the names of the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, ~to wit: -8- Irt [~ r' r r- ~: 0 j[ 'q -I z o Z rtl I ! .0 '"'1 m m m m m rtl fY) ! -. Z ! m m 0 0 r r r F 6!i (b) Each of tha railway companies that is, the Fort' Worth and Denver Railway Company and the Atchison, Topeka and Santa Fe Railway Company r~are assessed the whole cost of the improvemnts in the area described in the above and foregoing City Engineer's Roll as shown in Items i1, 13, 14 and 16 of Unit 1-76, and Item 9 of Unit 2-76, and there is_.herehy ievied a special tax on.each of said railways and railroad companies and its road-bed, ties, rails, fixtures, rights and franchises, which tax shall constitute a lien thereon superior to any other lien or claim except State, County, and City ad valorem taxes, and the-Collection of which tax may be enforced as provided in Section 5 of Article l105-b, Vernon's Annotated Civil Statutes of Texas, together with interest at the rate of seven and one-half per cent (7-1/2%) per annum. Said levy and tax shall be paid by each of said railway companies within ten days after the completion of said work and improvements, provided, however, that if either or both of said railway companies improve the area between and under their rails, tracks, double tracks and switches and nwo feet on each side thereof, at the crossings described in the foregoing City Engineer's Roll with solid plank crossing, then and in such event the assessment herein made shall be void and of no force and effect, and the improvement by said railway or railway companies of said areas as aforesaid at their own expense and with their own agents and representatives shall be considered a full and complete payment and satisfaction of the assessment and tax hereby levied. The City Council having found no enhancement to the property of the Lizzie Merryman Estate described in Item 10 of Unit 2-76 of the City Engineer's roll and Item 9 of Unit No. 3-76 of the City Engineer's Roll, no assessment of tax as against the property described as being owned by Lizzie Merryman Estate in the said items of said Engineer's Roll is hereby made and no lien is attached to her said property by reason hereof. SECTION 5. The assessments levied in Section 4 above are for a portion of the costs of said improvements in the streets and Units therein set out which are included in said Ordinance No. 76-1950 enacted June 8, 1976, and the assessments for the improvements in said ~mits are in nowise related to, or connected with, the improvements or assessments in any other of the streets or Units described in said ordinance; and in levying said assessments the amount so assessed for the improvements in said Units have been in nowise affected by any fact or thing in any way connected with the improvements or the assessments therefor in any other of said Units. The omission of the improvements in any of said streets or Units as a whole shall in nowise affect nor impair the validity of the assessments in any other of said Units and the omission of the improvements in any particular street or Unit in front of any parcel of property exempt from the lien of such assessments, or against: which a valid property assessment cannot be levied, shall in nowise affect nor impair the validity of the assessments against the other properties in such Unit. -9- SECTION 6: The several sums mentioned above in Section 4 hereof, are asessed against said parcels of abutting property and the real and true oWners thereof, whether said owners be named or correctly named, or said properties be correctly described herein or not, together with interest thereon at the rate of seven and one-half per cent (7-1/2%) per annum and with reasonable attorney's fees and all costs amd expense of collection, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property against which same are assessed from and after the date said improvements were ordered by said City Council, and shall be a personal liability and charge against the real and true oWner or owners thereof, whether or not such o~er or owners be named or correctly named herein,_paramount and superior to all other liens, claims or titles except for lawful ad valorem taxes; and that the sums so assessed shall be payable to the City of Plainview or its assigns, as follows, to wit: (a) When the improvements 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 install- ments, respectively due as follows: (1) The first installment shall be due and payable ten (10) days after the completion of the specified improvement of such Unit as herein designated and the acceptance of same as satisfactory by the City of Plainview; ~2) 'The second installmen~.ishalI~e-~dde 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. All of such amounts so assessed shall bear interest annually from the date the first installment is due and payable until paid at the rate of 7.5% per annum. Past due installments of principal to bear interest at the same rate per annum~until paid so that upon completion and acceptance of the City Council of any Unit or portion of street above defined, the assessment against the property abutting upon said completed and accepted Units shall be amd become due and payable in installments and with interest as above provided. 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 installment -10- 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 or its assigns, the entire amount of the assessments upon which default is made together with reasonable attorney's fees and all collection costs in- cur~ed shall be and become immediately due and payable. In connection with the installment payment: of the above assessments, it shall be, in addition, provided that default: in payment of any installments 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) Amounts assessed against railroads shall be collected in a manner provided by law. SECTION 7. If default shall be made in the payment of any of said sums herein assessed against the said parcels of property, and the real and true owner or owners thereof, collection thereof shall be enforced at the option of the City of Plainview, or its assigns, either by suit in any court having jurisdiction, or by sale of the property assessed as nearly as possible in the manner as may be provided by law in force J_n said City for the sale of property for the collection of ad valorem taxes. SECTION 8. For the purpose of evidencing said assessments, the liens securing same and the Several sums assessed against the said parcels of property, and the real and true owner or owners thereof, and the time and terms of payment, and aid in the enforcement thereof, assignable certificates shall be issued by the City of Plainview, Texas, to the City of Plainview upon the completion andacceptance and payment by the City of Plainview to High Plains Pavers, Inc. for said improvements in any Unit or portion of street above defined, which certificates shall be executed by the Mayor in the name of the City, attested by the City Clerk with the Corporate Seal, and which shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, tile date of the completion and the acceptance of the improvements for which the certificate is issued; and shall~contain the name of the apparent owner or owners as accurately as possible, and the description of the property assessed by lot and block number or front foot thereof, or such other descriptions as may otherwise identify the same, and if the said property shall be owned by an estate or firm, then to so state the fact shall be sufficient, and no error or mistake in describing any such property or in giving tile name of any owner or owners, or otherwise, shall in anywise invalidate or ~air the assessment levied hereby or the certificate issued in evidence ~lereof. -11- The said certificate shall further provide substantially that if default shall be made in the payment of any installment of principal or interest when due, then at the option of the City of Plainview, or its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable and shall be collectible with reasonable attorney's fees and all expenses and costs of collection, if incurred; and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or correctly named therein or not, and the lien upon such proper~y, and that said lien is first and paramount thereon, superior to all other liens, titles and charges, except for lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, and shall provide in effect, that if default shall be made in the payment thereof, the same may be enforced, at the option of the City of Plainview, or its assigns, either by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any court having jurisdiction. Said certificates shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law in force in said City and proceedings of the City Council of said City, and that all prerequisites to the fixing of the assessment lien against the property and the personal liability of the real and true owner or owners thereof, evidenced by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited, and no further proof thereof shall be required in any court. The said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, which may be signed with the facsimile signatures of the Mayor and City Clerk. Said certificates shall further provide in effect that the City of Plainview, Texas, shall exercise all of its lawful powers, when requested so to do by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereto shall suffice. SECTION 9. All such assessments levied are, and shall be a personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair -12- any assessment levied hereby or any certificate issued, and any such mistake, or error, invalidity or irregularity, whether in such assessment or in the certificates issued in evidence thereof, may be, but is not required to be, in order to be enforceable, corrected at any time by the City Council of the City of Plainview, Texas. The total amounts assessed against the respective parcels of property abutting upon the Units or portions of streets above set out, and the real and true owner or owners thereof, are the same, or less than, the estimates of said[ assessments prepared by the City Engineer and approved and adopted by said City Council, and are in accordance with the proceedings of said City relative to said improvements and assessments therefor, and with the terms, powers and provisions of said Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known as Article l105-b of Vernon's Annotated Civil Statutes of Texas, as amended, and Section 199 of the Charter of said City, under which terms, provisions and powers of said Acts said improvements and assessments were had and made by said City Council. SECTION 10. The fact~that the portions of the streets and Units as heretofore and hereinabove provided for are in bad and dangerous condition and should be improved without delay creates mm emergency and imperative public necessity for the immediate preservation of the public peace, health, safety and general welfare, requiring that any Rule pro~iding_~t~a~ no ordinance shall go into effect before the expiration of ten days from the date of its final passage and all other rules requiring more than one reading, or prohibiting the passage of an ordinance on the date introduced and the taking effect of said ordinance on the day of introduction and 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 from and after its passage as provided by law, and it is so ordained. SECTION 11. If any assessment, section, part of a section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining assessments, sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any sections~ parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. -13- affirmative vote of four-fifths (4/5) o f the City Council. this the ~ day of ~~ , 1976. .Clerk THE STATE OF TEXAS COUNTY OF HALE Before Me, the undersigned authority, on this day personally appeared J. Robert Wayland, Major 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 he executed the same for the purposes and consideration therein expressed, r$~ the capacity therein stated, and as the act and deed of said my hand and seal of office, This 19th day of April, A. D. NOTAB~ PUBLIC, HALE COUNTY, TEXAS.