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HomeMy WebLinkAbout76-2027 ordORDINANCE NO. 76- 2027 AN ORDINANCE CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF ALL OF THOSE CERTAIN TRACTS OR PARCELS OF LAND LYING AND BEING SITUATED IN THE CITY OF PLAINVIEW, IN HALE COUNTY, TEXAS, AND DESCRIBED AS FOLLOWS: A tract of land out of the Hugh McClelland Homestead Survey, Hale County, Texas, described as follows: Beginning at a point in the North Line of said Hugh McClelland Homestead Survey 1,241.2' East of its North- west corner; Thence West 75'; Thence South 208.2'; Thence East 75'; Thence North 208.2' to the Place of Beginning. and A tract of land out of the Hugh McClelland Homestead Survey, Hale County, Texas, described as follows: Beginning at a point in the North line of said Hugh McClelland Homestead Survey 1,241.2' East of its Northwest corner; Thence South 208.2'; Thence East 208.2'; Thence North 208.2' to North line of McClelland Homestead Survey; Thence West 208.2' to Place of Beginning. and A tract of land out of the Hugh Mc~lelland Homestead Survey, Hale County, Texas, descri Beginning at a point in the North McClelland Homestead Survey 1,449. Northwest corner; Thence South 208 77.8' to Railroad R.O.W.; Thence N along said Railroad Right-of-Way t, McClelland Homestead Survey; Thenc~ Place of Beginning. ~ed as follows: line of said Hugh %' East of its ,9'; Thence East )rtheasterly 210.0' North line of West 102.8' to WHICH SAID HEARING AND PROCEEDINGS WERE TAKEN FOR THE PURPOSE OF CORRECTING AN ERROR IN SECTION 4, SUBSECTION (b) OF ORDINANCE NO. 76-1972, WHEREIN ITEM 13 OF UNIT NO. 1-76 OF THE CITY ENGINEER'SROLL WAS REFERRED TO AS BEING A RAILROAD CROSSING RATHER THAN PROPERTY ABUTTING ~ND ADJACENT TO A STREET TO BE IMPROVED, AL AND TRUE OWNER OR OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS TO BE MADE TO SAID STREETS WITHIN SAID LIMITS; FINDING AND DETERMINING THE PARCEL 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 I._~_~OVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST SAID ABUTTING PROPERTY 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 PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; 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 PLAIN-VIEW, TEXAS: SECTION 1: The City Council of the City of Plainviaw, Texas, finds: (a) That the City Council of the by ordinance duly enacted on April 27, ordered the improvements of portions of streets in the City of Plainview, Texas and in the manner and according to the which plans and specifications have her said City Council. (b) That a notice duly executed i~ Texas, of the enactment of said above dc filed with the County Clerk of Hale Couz City of Plainview is situated) on the 3( (c) That said City Council after manner as required by law and by the Ch contract for the construction of said i~ Inc., upon its lowest and best bid there April 28, 1976, has been executed by sai City of Plainview; and the performance b contract has been properly furnished by (d) That the City Council caused t estimates of the costs of such improveme front foot proposed to be assessed again streets within the limits defined, and a thereof. -2- ity of Plainview, Texas, has heretofore 976, determined the necessity for, and East 9th Street and sundry other within the limits therein defined, lans and specifications therefor, tofore been approved and adopted by the name of the City of Plainview, scribed ordinance has heretofore been ty, Texas, (the County in which said th day of April, 1976. aving advertised for bids in the ~ter of said City, did award the )rovements to High Plains Pavers, ~or, and said contract, which is dated High Plains Pavers, Inc. and by the )nd required by law and by said ;he said High Plains Pavers, Inc. ~e City Engineer to prepare and file Its and estimates of the amount per ~t the property abutting each of said ainst the real and true owners (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 pursuant to the hearing held on July 15, 1976, and the testimony therein taken, the City Council of the City of Plainview passed Ordinance No. 76-1972, and in said Ordinance an error was made in Section 4, Subsection (b) thereof wherein assessment was made against Item 13 of Unit No. 1-76 in said Engineer's Roll as though it were a railroad crossing, whereas the property described in Item 13 of Unit No. 1-76 of said Engineer's Roll is actually property adjacent to a street to be improved and should have been assessed as adjacent property the same as all other adjacent property described in said Ordinance, and thereafter to correct said error the City Council, pursuant to ordinance duly passed called a hearing to be held pertaining to the property described in said Item 13 of Unit No. 1-76 on the 14th day of December, 1976, which after due publication and notice as required by law and on the 14th day of December, 1976, at 7:30 o'clock p.m. said hearing was opened and held in accordance with said Ordinance No. 76-2015 and notice thereof, at which time and place an opportunity was given to all of the above mentioned parties and agents and attorneys to be heard and 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 daily paper of general circulation in the City of Plainview at the time and in the manner required by law; that such contained proposed rates per front foot to be assessed against the abutting property and its owners. The City Engineer further testified that he had mailed a notice by United States mail to the owner of the property abutting said street or streets as shown by the assessment tax records of the City of Plainview. -3- Ralph Graham testified that he had made an appraisal of the above described property with the view of determining the amount of enhancement the proposed improvements would enure to the property. After testifying that be was familiar with the land values in Plainview and methods and techniques of appraising land, he testified that the amount of the enhancement ~o the property by the proposed improvements would be $1;500.00. (g) That at said hearing no protests (except as hereinabove stated), objections or 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 desired to testify, object or protest as to the special benefits in enhanced value to accrue to s~id abutting property and the real and true owners thereof as compared with 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 p otests relative to such matters and relative to any errors, invalidities or irregularities in any of the proceedings and contractfor said improvements, 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 the fact that this ordinance is passed and the proceedings pertaining to this ordinance and the notices given pertaining thereto ate for th~ purpose oflcorrecting an error in Ordinance No 76 1972, in Section Subsectio · · ' - ~, n (b), wherein Item 13 of Unit No. 1-76 is referred to as thoug~ it were property at which a railroad crossing was located, and whereas same is not property wherein a railroad crossing is located, but is property adjacent to one of the streets to be improved, the same as other adjacent property in the units to be improved. (i) That based on the eyidence, matters, testimony and objections considered at such hearing, the said Cit~ Council has determined that,the property described in Item 13 of Unit ~o. 1-76 of the City Engineer s Roll is abutting property to a street and unit to be improved and that the same will be enhanced in value and special~y benefi~ed by the construction of such improvements in an amount in excess qf the amount of the cost of such improvements proposed to be, and as hereinafter assesSed against said parcel of property abutting upon said street and the real and true owners thereof. -4- (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 Council 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 real 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 the 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: The City Council hereby finds and determines.upQn~the evidence heard in reference to the property described-in Item 13, Unit No. 1- 76 of the Engineer's Roll and abutting upon a street and Unit to be improved as set out in said Engineer's Roll which is filed in the City Clerk's office of the City of Plainview and here referred to for all purposes, that the enhancement in value to accrue to said property and the real and true owners thereof by virtue of the constructiom 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 the 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 said City; and further finds that all --5¸-- 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 here- inafter 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. SECTION 4: In pursuanne~,of said Ordinance duly enacted by said City Council authori~zing and ordering the improvement of said streets and units, including the s~id portions of streets and Units hereinbelow set out, which Ordinance was p~ssed as aforesaid on June 8, 1976, and in pursuance of said proceedings heretofore had and enacted by said City Council in reference to said improvemenns 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 Cha Legislature of Annotated Civil of the City of P and taxed agains Unit No. 1-76 an against the real owners be named herein or non, t opposite the des description of s amounts assessed where the amount by adjusting the against the enti merely against t and the names of said City Counci pter 106 of the Acts of the First Called Session of the 40th he State of Texas, known and shown as Article l105-b, Vernon's Statutes of Texas, as amended, and Section 199 of the Charter lainview, Texas, there shall be, and is hereby levied, assessed t the respective parcels of property described in Item 13, d hereinafter described, and abuttingupon the said street and and true owners of such property whether such real and true or correctly named, or said properties be correctly described he several sums of money hereinbelow mentioned and itemized zription of the respective parcels of said property, the =ch property, the number of front feet of each, and the several against the same and the real and true owners thereof, (and so assessed against the corner properties has been computed frontage, such amount so assessed shall constitute a lien ~e property ab~tting the paving actually constructed and not · e amount of f~ontage used as an adjusted basis for the assessment), the apparent ~wners thereof, all as corrected and adjusted by [, being as follows, to wit: -6- SECTION 5: The assessment levied in Section 4 above is 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 assessment for the improvements in said Unit is 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 assessment, the amount so assessed for the improvements in said Unit has 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. SECTION 6: The several sums mentioned above in Section 4 hereof, are assessed against said parcels of abutting property and the real and true owners therof, 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 and 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 owner 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 amoun~ of the assess- ment 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 ten (10) days after the completion of the specified improvement of -7- 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. Ail 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 and 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 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 amountlof the assessments upon which default is made together with reasonable attorney's f'ees and all collection costs incurred shall be and become immediately due and payable. In connection with the installment payment of the above assessments, it shall be, in addigion, 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 dueand payable the entire unpaid balance of such obligation. (b) Amounts assessed against railroads shall be collected in a manner provided by law. -8- 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 in 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 and acceptance 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, the 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 estateor firm, then to so state the fact shall be sufficient, and no error or mistake in describing any such property or in giving the name of any owner or owners, or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. 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 ~f 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 qollectible with reasonable attorney's fees and all expenses and costs of c~llection, 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, -9- and the lien upon such property, 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 ail 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 the 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: Such assessment levied hereby shall be a personal liability and charge against the respective real and true owner or owners of said abutting property, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the descrip- tion of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair 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 -10- 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 parcel of property abutting upon the Unit or portion 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 mentioned are in bad 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 providing that 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 -ll- ordinance that were unconstitution~ they were unconstitutional, void ordinance. SECTION 12: Except as modifi~ 2015 is hereby ratified and affirm, PASSED this the 14th day , four-fifths (4/5) or more of the Cl APPROVED this the 14th day ATTEST: City of Plainview 1, void or ineffective if it had known that ineffective at the time of adopting this d by this ordinance, Ordinance No. 76- ~d in all respects. December, 1976, by an affirmative vote of [ty Council. December, 1976. /J. 'R6~ e~r t Waylaid, ~a~or i/City of Plainview