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HomeMy WebLinkAbout77-2081 ordOrdinance No. 77-2081 AN ORDINANCE ACCEPTING CERTAIN STREET IMPROVEMENTS FakDE IN THE CITY OF PLAINVIEW, TEXAS, IN ACCORDANCE WITH AND PURSUANT TO AN ORDINANCE OF' THE CITY OF PLAINVIEW, TEXAS, pASSED AND DATED JULY .27, 1976 AND NUMBERED 76-t972 WHEREAS, the governing body of the City of Plainview, Hale County, Texas, determined upon the necessity for ~rovements to certain public streets within the City limits of Rlainvie~.Texas, in accordance with Plans and Specifications on file with the City Clerk and the City Engi- neer; and, WHEREAS, after due advertisement for bids, a contract for the making of said improvements was awarded and entered into with High Plains Pavers, Inc.; and, WHEREAS, the governing body of the City of Plainview, Texas, there- after in due time, form and manner, by Ordinance No. 76-1972 duly adopted and passed on the 27th day of July, 1976, assessed aga~st the lots or parcels abutting on said streets improw~d as aforesaid and the owner or owners thereof, the due and proportionate part of the costs of said improvements t~ be borne by said abutting ]property owners, fixing and impressing upon said abutting property, as a first and prior lien thereon, superior to all other liens and claims except State, County, and City Ad Valorem Taxes; and fixing as a personal liability and charge against the true owners of said property, whether in said ordinance named or not, the unit designation being fully set forth in Appendix "A" attached hereto, the same being made a part of this Ordinance as fully as had it been set forth verbatim herein; and WHEREAS, said improvements have been completed and the City Engineer of Plainview, Texas, has heretofore inspected the same, certified his approval to this governing body on this the 21st day of June, 1977, expressly accepting these improvements by reason whereof, the assessments heretofore made became due and payable ten (10) days after this the 21st day of June, 1977, the date of acceptance of such improvements by said City; and, WHEREAS, under the.terms of the ordinance adopted by the governing body of the City of Plainview, Texas, and ]pursuant to the terms and pro- visions of the contract for improvements of said public streets, executed between the City of Plainview, Texas, and High Plains Pavers, Inc., the contractor has completed said improvements and is entitled to be paid for said improvements by the City of Plainview as provided in the contract. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That the improvements on 'the portions of the public streets described in Appendix A attached hereto, t]~e same having been performed under the above describedcontract, are hereby accepted and the Mayor and City Clerk are thereby authorized to make payments of all amounts due by City to High Plains Pavers, Inc. Upon certification of 'the City Engineer that said amount is correct and due and payable. SECTION 2: That the Mayor and City Clerk, of the City of Plainview, Texas, are hereby authorized and directed to execute and deliver in the City's name assignable certificates to the City of Plainview, evidencing the assessment levied, declaring the lien upon the appropriate property, and fixing the term and conditions of such sertificates in accordance with Ordinance No. 76-1972 passed the 27th day of July, 1976 by the governing body of the City of Plainview, Hale County, Texas. Said improvements to the abutting property, abutting the portion of the streets in the City of Plainview referred to in said Exhibit A are hereby accepted by the City Council of the City of Plainview on this the 21st day of June, 1977. And, in accordance with the terms and provisions of said Ordinance No. 76-1972, the first installment on the assessment and the certificates referred to and described in said Ordinance No. 76v1972 shall be due and payable ten days from this date and a like installment shall be due and payable thereafter as provided in said Ordinance and said assignable certificates above referred to shall so provide. SECTION__3; Pursuant to Resolution of the City of Plainview heretofore passed there are property owners against Whom assessment liens were levied for improvements by said Ordinance No. 76-1972 who have made, executed and delivered to the City of Plainview a Note and Mechanic's Lien on and abutting property and thereby securing more favorable terms for themselves than the assessment, which said Mechanic's Lien was executed as additional security to the paving lien and which said note is ~payable on more favorable terms than the certificates hereinabove referred to and provided for in said Ordinance No. 76-1972. In those cases where Mechanic's Liens were executed together with a Mechanic's Lien and Mechanic's Lien Note, Certificates referred to above shall not be issued. The said Mechanic's ]Lien Note and Mechanic's Lien pro- vide that the first installment shall be due and payable on or before twenty days after the acceptance of said improvements by the City Council of the City of Plainview. WHEREFORE, the City Council of the Ci~ty of Plainview does hereby declare that said improvements described in Exhibit A have been accepted on this the 21st day of June, 1977, that therefore the first installment on said Mechanic's Lien Note secured by Mechanic's lien on any of the property des- cribed in Exhibit A hereof shall be and are hereby due and payable on or before the 21st day of June, 1978, and a like installment together with interest thereon shall be due and payable on or before the same day of each year thereafter until said note and all interest thereon have been paid. SECTION 4: In Section 3%-A~fsaid Ordinance No. 76-1972, the Atchison & Topeka and Saute Fe Railway Company and the Ft. Worth and Denver Railway Company were given the option of either paying for or being assessed for the entire cost of the improvements in the area between their rails and their double tracts, turn outs and switches and two feet on each side thereof, or of making the improvements. Said railways did exercise their option to make the improvements in the area between their rails and double tracts, turn outs and switches and two feet on each side thereof and it is hereby recognized that said improvements were made by said railway companies. SECTION 5: This Ordinance shall take effect and be in force from and after its passage. IN TESTIMONY WHEREOF, the City of Plainview, Texas, a municipal corporation, acting by and through its Mayor, ~J. Robert Wayland, hereunto duly authorized~ has executed these presents, under the seal of Plainview, Texas, and attestation by the City Clerk, this 21st day of.June, A.D. 1977. CITY OF PLAINVIEW ATTEST: M. L. Rea, City Clerk EXHIBIT ~"A" TO ORDINANCE NO. 77-~ g~ ~z~7 STREET IMPROVEMENT UNITS-OF-CONSTRUCTION COMPLETED AND ACCEPTABLE UNDER THE 1976 STREET ASSESSMENT PROJECT 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. Certified Correct this the 17th day of June, 1977'. Wm. R. Hogge, P.E. City Engineer