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HomeMy WebLinkAbout77-2105 ordOrdinance No. 77-2105 AN ORDINANCE DECLARING PUBLIC NECESSITY FOR THE IMPROVEMENT OF CERTAIN DESIGNATED PORTIONS OF CERTAIN DESIGNATED STREETS IN THE CITY OF PLAINVIEW, TEXAS, SPECIFYING THE NATURE AND TYPE OF SUCH IMPROVEMENT, ESTABLISHING THE MANNER OF EFFECTUATION AND METHOD OF PROCEDURE THEREOF, DESIGNATING ABD SEPARATING UNITS OF WORK, ALLOCATING DIVISION OF PAYMENT OF COST, PROVIDING RULE FOR APPORTIONMENT OF COST, FIXING TIME, TERMS AND CONDITIONS OF PAYMENT OF COST AND PROVIDING AND DEFINING ASSESSMENTS THEREFOR, SPECIFYING NATURE OF ASSESSMENT LIENS AND PERSONAL LIABILITY, PROVIDING FOR ISSUANCE AND PROVISIONS OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF ASSESSMENT FOR COSTS, AND DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF DESIGNATED UNITS AND TO PUBLICLY ADVERTISE FOR SEALED COMPETITIVE BIDS WITH SPECIFIED CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section 1: That a necessity exists for the permanent improvement of those certain portions of public streets herei~mfter listed, by excavating, grading and paving the same, and by the construction of curbs and gutters where adequate curbs and gutters are not now irt place, and such improvements are hereby ordered. The portions of public streets to be so improved being designated and defined by street units as follows: Unit Name of Street Number To Be Improved From To 31' WIDTH STREETS 1-1-77 2-1-77 3-1-77 4-1-77 5-1-77 6-1-77 7-1-77 8-1-77 9-1-77 10-1-77 11-1-77 12-1-77 13-1-77 14~1-77 West 26th Street West 25th Street West 25th Street Trinity Street Sabine Street Denver Street North Beech Street North Beech Street Nortb. Cedar Street East 14th Street Winchell Street Davidson Street Drake Street Frisco Street 36' WIDTH STREETS 1-2-77 2-2-77 3-2-77 27th Street Milwee Street E1 Camino Drive 45' WIDTH STREETS 400' W. of WPL Trinity St. 5' W. of WPL Trinity Street EPL Sabine Street NPL West 25th Street SPL West 24th Street 630' S of SPL 28th Street SPL East 13th Street NPL Campbell Street NPL East 13th Street EPL North Beech Street NPL Frisco Street NPL Frisco Street EPL Winchell Street WPL Winchell Street EPL Denver Street NPL East 5th Street NPL Yoakum Street EPL Quincy Street WPL Sabine Street EPL Quincy Street SPL W. 26th Street NPL W. 25th Street SPL 28th Street SPL Campbell Street NPL Givens Street SPL Campbell Street WPL Date Street 400' N of NPL Drake St. 150' N of NPL Gray St. WPL Davidson Street 50' W of WPL Davidson S~ W-PL Columbia Street SPL East 9th Street NPL East 14th Street 1-3-77 Campbell Street WPL Austin Street WPL Date Street Section 2: That said portions of such designated streets should be improved by raising, grading and filling same, and by installing concrete curbs and gutters, and, where necessary storm sewers and drains, and by paving same in accordance with the specifications and to the width as may be designated in the plans and specifications of the City Engineer approved by the City CoUncil. Section 3: The City Council of the City of Plainview deems it advisable and hereby determines to proceed under and in exercise of the powers, terms and previsions and in accordance with and in conformity to the procedures established and outlined in Chapter IX, Title 28, Revised Civil Statutes of Texas, 1925 as amended (Article l105-b, Vernon~s Civil Statutes of Texas), the terms and provisions of which are hereby adopted by the City of Plainview. Section 4: to-wit: The cost of said improvements shall be paid as follows, (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 for a portion of the costs ~ich are to be paid by and assessed against abutting property owners and railways as follows: (1) 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° (2) The abutting property and the o~ers 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. (a) 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 specified 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 improv~nent. Section 5: That the part of the cost of the specified improvements as herein designated, which may be assesSed against abutting property and owners thereof, shall be apportioned among the parcels of abutting property and owners thereof in accordance with the Front Foot Plan or Rule. 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 adjustment of such apportionment, so as to produce a Substantial equality of benefits received and burdens imposed. Section 6: That the time, terms and conditions of payment of the amounts to be assessed and to be paid for the specified improvement as herein designated, shall be as follows: (a) The amounts assessed against and to be paid by Railways for such improvement in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof, shall be paid on estimates or statements, on or before 10 days, after completion of the specified improvement as herein designated, and the acceptance of same as satisfactory by the City of Plainview, and such amounts so assessed shall bear interest from that date until paid at the rate of 7 1/2% per annum. (b) The amounts assessed against and to be paid by the abutting property and the owners thereof for such improvement shall be paid in three (3) equal payments, the first payable within ten (10) days after completion of the work and its acceptance by the City, and the remaining two (2) payments being payable in one and two years afterlsaid date of acceptance of the same as satisfactory by the City of Plainview~ and such amounts so assessed shall = bear interest payable annually from that~date until paid at the rate of 7 1/2% per annum. ! (1) In connection with t~e installment payment of the above assessments, it shall, in addition, be provided~. that default in payment of any installment or interest when due, shall,~at the option of the holder of such obligation, mature and render due and pa~able the entire unpaid balance of such obligation. ! c An secur~t l~en o ....... ( ) y ' y,' ' , r ~ogumen~ wnicn, in the opinion o£ the City Manager is reasonably necessary in addition, to the paving assessments and assignable certificates herein provided for, to secure the payment of the part of the costs of the improvements assesse~~ against the abutting property owners and railways shall be obtained by the City Manager. If the City Manager is unable to obtain reasonable satisfactorysecurity as to any abutting property or owner, the whole street unit to which the frontage of such property belongs may at the option of the City Council, be deleted from the contract, or a portion, of said unit may be deleted from the contract, and the lien upon the properties abutting that portion of the street or streets so deleted will be released. Section 7: That the amounts to be assessed and to be paid for the specified improvement as herein designated, shall be a first and prior lien agains~t abutting property therein from the date such improvement is ordered by Ordinance as hereinbefore provided, and shall be a personal liability and charge against the true owners of such property at said date, whether named or not. (a) The City Council of Plainview, Texas, shall cause to be issued in the name of the City, assignable certificates in evidence of assessments levied~, declaring the lien upon the property and the liability of the true owner or owners thereof, whether correctly named or not, and shall fix therein the terms and conditions of such certificates. (1) The above certificates shall recite substantially that the proceedings with reference to making the improvement therein referred to, have been regularly had in compliance with the law, and that all prerequisites to the fixing of the assessment lien against the ~property described in the said certificate and the personal liability of the owner or owners thereof have been performed. (2) The above certificates shall be prima facie evidence of all the matters recited in said certificates, and no further proof thereof shall be required, and in any suit upon any assessment or re-assessment, in evidence of which a certificate shall have been issued hereunder, it shall be sufficient to allege the substance of the recitals in such certificate and that such recitals are in fact true, and no further allegation with reference to proceedings relating to such assessment or re-assessment shall be necessary. (b) Such assessments shall be collectible with interest, expense of collection and reasonable attorney's fees, if incurred, and shall be a first and prior lien on the property assessed, superior to all other liens and claims except State, County, School District and City Ad Valorem Taxes, and shall be a personal liability and charge against said owners of the property assessed. Section 8: The City Clerk is hereby directed to cause to be prepared a notice of the enactment of this ordinance and file said notice with the County Clerk of Hale County, Texas, among the mortgage, deed of trust records and mechanic's lien records of said County. Section 9: 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 such street unit shall be separate and distinct from the assessments to be levied in every other street unit; and in making and levying assessments against property for the improvements in one unit or portion of street, no matter or circumstance in connection with any other unit or portion of street shall be considered, all as fully and to the same extent as if separate contracts were executed and separate proceedings had with reference to each. such street unit or portion of street. Section i0: That the City Engineer is hereby directed to prepare plans and specifications for the specified improvements as herein designated. (a) The City Engineer is further directed to publicly advertise for sealed competitive bids, based on such plans and specifications, addressed to the City of Plainview, with the contract to be entered into by and between the successful bidder therein and the City of Plain~iew. Section 11: The fact that the streets and portions of streets thereof to be ~mproved as herein provided are in bad and dangerous condition and should be improved without delay crea~es an emergency and an imperative public necessity for the immediate preservation of the public peace, health, safety and general welfare, and any and all rules requiring more than one reading, or prohibiting the taking effect of said ordinance on the day of 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. PASSED this the 23rd day of August, A. D. 1977 by unanimous vote of the City Council. APPROVED this the ~day of August, A. D. 1977. ATTEST: M. L. Rea, City Clerk City of Plainview City of Plainview ~ Do~ Act~o ', ~ / / Advertised J "Z ~/~.~ Recorded