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HomeMy WebLinkAbout76-2015 ordSTATE OF TEXAS COUNTY OF HALE CITY OF PLAIN-VIEW On this the q~-dayof ~/ovember , A. D. 1976, the City Council of the City of Plainview, Texas, convened in regular session at the regular meeting place thereof in the City Hall, there being present and in attendance the following members, to-wit: J. Robert Wayland Mayor Medlin Carpenter Jeane Browning Tom Almon Lloyd C. Woods William SoRelle Aldermen and with the following absent: Alderman \~ O~ (~ ~ introduced a proposed ordinance, and made a motion that any rule requiring ordinances be read at more than one meeting be suspended. The motion was seconded by Alderman and carried by the following vote: AYES: NOES: Alderman passed finally. ALDERMEN Carpenter, Browning, Almon, Woods and SoRelle None made a motion that the ordi_p~nce be The motion was seconded by Alderman ~~L~-~ carried by the following vote: and AYES: ALDERMEN Carpenter, Browning, Almon, Woods and SoRelle. NOES: None The Mayor announced that the ordinance had been finally passed. The Ordinance No. ~'~C ~.is as follows: ORDINANCE NO. 76- ~ O ~ ~ AN ORDINANCE PASSED PURSUANT TO THE AUTHORITY GIVEN THE CITY COUNCIL OF THE CITY OF PLAINVIEW BY ARTICLE l105b AND FOR THE PURPOSE OF CORRECTING AN ERROR IN ORDINANCE NO. 76-1972 PASSED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEWAND IN SECTION 4(b) THEREOF WHEREIN ITEM THIRTEEN IN UNIT 1-76 WAS ASSESSED AS THOUGH IT WERE A RAILROAD CROSSING AND WHEREAS SAID ITEM THIRTEEN OF UNIT 1-76 DESCRIBED ON THE CITY ENGINEER'S ROLL DESCRIBES PROPERTY OWNED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND ADJACENT TO STREET TO BE PAVED IN UNIT 1-76 OF SAID CITY ENGINEER'S ROLL; AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE CITY ENGINEER SHOWING THE ESTIMATED TOTAL COST OF ALL THE IMPROVEMENTS, THE ESTIMATES OF THE COST PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST ABUTTING PROPERTY DESCRIBED IN ITEM THIRTEEN OF UNIT NO. 1-76 AND THE REAL AND TRUE OWNER THEREOF AND THE ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROVE- MENT OF PORTIONS OF SUNDRY STREETS IN THE CITY OF PLAINVIEW, TEXAS, WITHIN THE LIMITS HEREINBELOW DESCRIBED; AND OF OTHER MATTERS RELATING THERETO; DETERMINING AND FIXING THE PORTION OF SAID COSTS A~ THE RATE THEREOF PROPOSED TOBE ASSESSED AND PAID BY THE OWNER OF THE PROPERTY DESCRIBED IN ITEM THIRTEEN OF UNIT NO. 1-76; DECLARING THE ERROR THAT WAS MADE IN ORDINANCE NO. 76-1972; REAFFIRMINGALL OF THE FINDINGS AND THE PROVISIONS OF ORDINANCE NO. 76-1950 AS TO ALL OTHER PROPERTY AND ALL OTHER UNITS AND ITEMS OF THE SAID CITY ENGINEER'S ROLL; AND FIXING THE PORTION OF THE COST TO BE LEVIED AGAINST THE OWNER OF THE PROPERTY DESCRIBED IN ITEM THIKTEEN OF UNIT NO. 1-76 OF SAID CITY ENGINEER'S ROLL; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNER THEREOF FOR THE PORTION OF SAID COST APPORTIONED TO SAID OWNER, DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID PROPERTY; ORDERING AND SETTING A HEARING AT 7~ 30 ~P.M. ON THE Iz~ DAY OF 1976, IN THE COUNCIL CHAMBERS OF CITY HALL OF THE CITY OF PLAINVIEW, TEXAS, AT THE TIME AND PLACE FOK THE HEARING OF THE REAL AND TRUE OI~NER OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IR SAID ABUTTING PROPERTY OR ANY OF THE PROCEEDINGS AND CONTRACT CONCERNING SAID ASSESSMENT PROCEEDINGS AND IMPROVEMENTS INSOFAR AS THE SAME APPLIES TO ITEM THIRTEEN OF UNIT NO. 1-76 OF SAID ENGINEER'S ROLL ON FILE IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PLAINVIEW AND CORRECTING THE ERROR MADE IN SUBSECTION (b) OF SECTION 4 OF SAID ORDINANCE NO~' 76-1972; AND DIRECTING THE CITY CLERK OF THE CITY OF PLAINVIEW 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, TEXAS: SECTION 1: The City Council of the City of Plainview, Texas, hereby finds and determines that the City Council of the City of Plainview, Texas, has heretofore by ordinance duly enacted on April 27, 1976, and recorded in 0rdinance~Book 7,~ pages 298-304, determined the necessity for and ordered the improvement of portions of East 9th Street and sundry other streets in the City of Plainview, Texas, within the limits hereinafter defined and in the manner and according to the plans and specifications therefor, which said 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: 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. (b) That pursuant to ordinances heretofore passed and notices given in accordance with said Article l105b, Vernon's Annotated Statutes of the State of Texas, the City Council has heretofore passed Ordinance No. 76-1950 of the City of Plainview and Ordinance No. 76- 1972, levying assessments as in said ordinance provided; and, Whereas, in said Ordin'ance No. 76-1972 in Section 4, subsection (b) thereof, the Ordinance assessed Item 13 of Unit No. 1-76 as though it were a railroad crossing existing in one of the streets to be improved and whereas, said property is not a railroad crossing, but is property abutting one of the streets included in Unit No. 1-76, and whereas, said abutting property should be assessed the same as all other abutting property on said street and included in said Unit No. 1-76; and, Whereas, pursuant to the statute provided, notice should be given to the owner of said property described in said Item 13 of Unit No. 1-76 both by notice published in a newspaper as provided by statute and by personal notice as provided by statute by delivering a notice or by mailing a notice to said owner. -2- SECTION 2: The City Council hereby re-enacts Sections 1, 2, 3, 4 and 5 of said Ordinance No. 76-1950 insofar as same applies to Item 13 of Unit No. 1-76 of said Engineer's Roll. SECTION 3: The City Council finds that proceedings pertaining to the assessments of all property have been complete with the exception of the error made in Section 4, sUbsection (b) of said Ordinance No. 76-1972 wherein Item 13 of Unit No. 1-76 of the Engineer's Roll was referred to as though it was a railroad crossing across one of the streets to be improved, and whereas said property is property adjacent to East Ninth Street, one of the streets included in Unit No. 1-76'~and used as property for business purposes and belongs in the same category as other property adjacent to said street. SECTION 4: The City Council finds that therefore notice should be given to the owner of said property as provided by law and that a hearing should be held in order to afford him the opportunity to appear and make such objections as said owner may desire to make. SECTION 5: A hearing shall be held and given to the real and true owner of the property described in Item 13 of Unit No. 1-76 of said Engineer's Roll hereinabove mentioned 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 said parcel of abutting property and the real and trde owner thereof and as to the special benefits, if any, to said property to be received from said improvements, and 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 he'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 beginning at 7:30 P.M. on the I~+~ day of_~[~~f?~ · , 1976, at Which time and place all persons, firms, corporations or estates owning or claiming any of the said abutting property described in said Item 13 of Unit No. 1-76 of said Engineer's Roll, or any interest therein, and their agents or attorneys, 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 day to day and f~om 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 -3- 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; 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 owner or owners of the property~described in .said Item 13.of Unit~ No. 1-76 of the Engineer~'s Roll, abutting such street or portion therefor to be improved, as the name of such owner is shown on the then current rendered tax rolls of the City of Plainview and at the address so shown, or if the name of such respective owner does not appear on such rendered tax rolls, then addressed to such owner as his name is shown on the current un- rendered 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 Article l105b, Vernon's Annotated Civil Statutes, as amended by Acts of 1967, 60th Legislature, Page 365, Chapter 176, Paragraph 1. SECTION 6: 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 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 fact, and it shall be unnecessary to give the correct name of any such owner and no error or mistake in attempting to na~e 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, a~d the assessment against said abutting property shall ve valid whether or not such owner be named, or correctly named, or said property 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 7: Each portion of sai~ 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 ~ssessments to be levied for said improvement in each Unit or portion of said streets shall be altogether separate and distinct and independen~ 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 ~ssessments against the property abutting upon one of said Units, no Matter or circumstance in connection with any other of said Units shall b~ considered or have any effect upon the other, all as fully and to the s~me extent as if separate proceedings and contracts had been had and ~xecu~ed with reference to the improvements to be made in each of said UnitS. SECTION 8.: The City Council of the City of Plainview may make such corrections of mistakes, changes, an~ 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 9: The fact that the streets and portions thereof to be improved are in such condition ~nd i~provements are necessary and should be made without delay, and the fact ghat said assessments should be made without delay in order to correct th~ error made in the ordinance here- inabove referred to, and the fact that it is imminent that the con- struction begin immediately and is in the interest of the public peace, health, safety and general welfare of the City of Plainview, any rule necessitating more than one reading of this ordinance 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. PASSED this the ~ ~t/ day of N ~f~'i2'i~~5~ , A. D. 1976, by unanimous vote of the City Council of the City of PlainPiew. City of Plainview ATTEST: M. L. Rea, City Clerk