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HomeMy WebLinkAbout77-2127 ordORD%NANCE NO. 77:-~ AN ORDINANCE DECLARING PUBLIC NECESSITY FOR THE IMPROVEMENT OF CERTAIN DESIGNATED PORTIONS OF CERTAIN DESIGNATED pTREETS IN THE CITY OF PLAINVIEW, TEXAS, SPECIFYING THE NATURE AND TYPE OF SUCH IMPROVEMENT, ESTABLISHING THE ~LqlqNER OF EFFECTUATION AND METHOD OF PROCEDURE THEREOF. DESIGNATING AND'SEPARATING UNITS OF WORK, ALLOCATING DIVISION OF PAYMENT pF 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 hereinafter listed, by excavating, grading and paving the same, an~ by the construction of curbs and gutters where adequate curbs and gutters are not now in 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 15-1-77 16-1-77 17-1-77 18-1-77 19-1-77 Utica Street 25th Street West 1/2 Sabine Street SPL 25th Street WPL Utica Street NPL 25th Street West 1/2 of ~orth Austin St. NPL Givens Street North Austin Street SPL Bullock Street NPL 26th Street WPL Trinity Street 300 Feet North of NPL 25th Street SPL Bullock _Street NPL 24th 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 specificanions 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 provisions 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 which 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 ennire 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 owners 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 no 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 cos~ specified above, then there shall be assessed against the abutting property and shall be paid b~ such abutting property owner a lesser amount, not to exceed the benefits of the said improvement. 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, ~hall be apportioned among the parcels of abutting property and owners thereof in accordance with the Front Foot Plan or Rule. In connecnion with the above apportionment, should it appear that the application of the ~bove 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 after said 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 the ihstallment 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 payable the entire unpaid balance of such obligation. (c) Any security, lien, or document which, in the opinion of 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 cosns of the improvements assessed against the abutting property owners and railways shall be obtained by the City Manager. If the City Manager is unable to obtain reasonable satisfactory security 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 ?: That the amounts to be assessed and to be paid for the specified improvement as herein designated, shall be a first and prior lien against 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 hoe. (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 cha~ge 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 her~±n 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 othar 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 10: 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 Plainview. Section 11: The fact that the streets and portions of streets thereof to be improved as herein provided are in bad and dangerous condition and should be improved without delay creates 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 theL25th day of October, A.D. 1977 by unanimous vote of the City Council. APPROVED this the 25th Day of October, A.D. 1977 ATTEST: Clerk City of Plainview City of Plainview t ! Action tntroduced First Reading Fi,.t,a] ReadJng Advertised ' Codified Recorded