HomeMy WebLinkAbout77-2175 ord77-2175
AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT
CITY ENGINEER~ SHOWING THE ESTIMATES OF THE TOTAL COSTS
THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO BE
ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF,
V2LRIOUS OTHER COSTS FOR THE IMPROVING OF PORTIONS OF SUND
CITY OF PLAINVIEW, TEXAS, WITHIN THE LIMITS HEREINBELOW D!
OTHER ~kTTERS RELATING THERETO; DETERMINING AND FIXING THt
COSTS ~ND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINS~
· Y OF PLA ,NV gW
--Date ~,cfion ~
~TI~N
ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF; AND DETERMINING THE
AMOUNT OF COST TO BE PAID BY RAILWAYS USING, OCCUPYING OR CROSSING ANY PORTION
OF A SPECIFIC UNIT TO BE IMPROVED; AND ASSESSING THE ENTIRE COST OF SUCH
IMPROV~ENT IN THE .AREA BETWEEN SAID RAILWAYS OR RAILROAD COMPANIES RAILS AND
TRACKS, DOUBLE TRACKS, TURNOUTS AND SWITCHES AND TWO FEET ON EACH SIDE THEREOF;
AND DET~gRMINING ~RtAT SAID AMOUNT SHALL BE PAID BY SAID RAILWAY USING, OCCUPYING
OR-~CROS,SING SAID PORTION OF A SPECIFIC UNIT TO BE IMPROVED; DETERMINING THE
NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE
REAL AN]) TRUE OWNERS THEREOF FOR THE PORTION OF SAID COSTS APPORTIONED TO
THEM; D~gTERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST RAILWAYS
USING ANY PORTION OF SAID STREETS TO BE IMPROVED THE ENTIRE COST OF SUCH
IMPROV~24ENT IN THE AREA BETWEEN THEIR RAILS AND TRACKS, DOUBLE TRACKS, TURNOUTS
AND SWITCHES AND TWO FEET ON EACH SIDE THEREOF; ORDERING AND SETTING A HEARING
AT l~.'ll~ n'r. lnck A.M. ON THE 23rd DAY OF January , 1978 ,
IN THE ~OUNCIL CHAMBER _OF THE CITY HALL OF PLAINVIEW, TEXAS, AS THE TIME AND
PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY
AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN ANY OF THE PROCEEDINGS
AND CON[~RACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS; DIRECTING
THE CITY CLERK OF THE CITY OF PLAINVIEW, TEXAS, TO GIVE NOTICE OF SAID HEARING
AS REQUIRED BY .LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF
PLAINVIEW; DECI~RING AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT
IMMEDIA~FELY UPON ITS PASSAGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW:
SECTION 1: The City Council of the City of Plainview, Texas, hereby
finds and determines:
(a) That the City Council of the City of Plainview, Texas, has heretofore
by ordinance duly enacted on August 23, 1977, recorded in Ordinance Book
8 ,. Pages %6~168 , and by Ordinance duly enacted on October 25, 1977,
recorded in Ordinance Book 8 , Pages 211-215 , determined the necessity
for and ordered the improvements of portions of West 26th Street and
sundry other streets, in the City of Plainview, Texas, within the limits
hereinafter defined, and in the manner and according to the Plan~s 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:
31' WIDTH STREETS
Unit 1-1-77
Unit 2-1-77
Unit 3-1-77
Unit 4-1-77
Unit 5-1-77
Unit 6-11-77
Unit 7-11-77
Unit 8-1-77
Unit 9-1-77
Unit 10--1-77
Unit 11-1-77
Uni,t 12-1-77
Unit 13--1-77
Unit 14-1-77
Unit 15--1-77
Unit 16--1-77
Unit 17--1-77
Unit 18--1-77
Unit 19--1-77
West 26th Street from 400' West of West Property Line Trinity
Street to East Property Line Quincy Street
West 25th Street from 5' West of West Property ~Line Trinity Street
to West Property Line Sabine Street
West 25th Street from East Property Line Sabine Street to East
Property Line Quincy Street
Trinity Street from North Property Line West 25th Street to South
Property Line West 26th Street
Sabine Street from South Property Line West 24th Street to North
Property Line West 25th Street
Denver Street from 630' South of South Property Line 28th Street
to South Property Line 28th Street
North Beech Street from South Property Line East 13th Street
to South Property Line Campbell Street
North Beech Street from North Property Line Campbell Street
to North Property Line Givens Street
North Cedar Street from North Property Line East 13th Street
to South Property Line Campbell Street
East 14th Street from East Property Line North Beech Street
to West Property Line Date Street
Winchell Street from North Property Line Frisco Street to
400' North of North Property Line Drake Street
Davidson Street from North Property Line Frisco Street
to 150'~North of North Property Line Gray Street
Drake Street from East Property Line Winchell Street
to West Property Line Davidson Street
Frisco Street from West Property Line Winchell Street
to 50' West of West Property Lin~ Davidson Street
Utica Street from South Property Line 25th Street to
North Property Line 26th Street
25th Street from West Property Line Utica Street to
'West Property Line Trinity Street
~West 1/2 Sabine Street from North Property Line 25th Street
to 300 feet North of North Property Line 25th Street
West 1/2 of North Austin Street from North Property Line
Givens Street to South Property Line Bullock Street
North Austin Street from South Property Line Bullock
Street to North Property Line 24th Street
36' WIDTH STREETS
Unit 1-2-77
Unit 2-12-77
Unit 3-2-77
27th Street from East Property Line Denver Street to
'West Property Line Columbia Street
Milwee Street from North Property Line East 5th Street
to South Property Line East 9th Street
E1 Camino Drive from North Property Line Yoakum Street
to North Property Line East 14th Street
45' WIDTH STREETS
Unit 1-3-77
Campbell Street from West Property Line Austin Street
to West Property Line Date Street
(b) That notices duly executed in the name of the City of Plainview,
Texas, of the enactment of said above described[ ordinances, have heretofore
been filed with the County Clerk of Hale County, Texas, the county in which
the City of Plainview is situated, and such notices have been duly recorded in
the Deed of Trust Records of Hale County, Texas.
(c) That said City Council after having duly advertised for bids in the
manner as required by law and the Charter of the City of Plainview, did award
contract for the construction of said improvements to High Plains Pavers,
Inc., upon its lowest and best responsible bid therefor, and said contract
which is dated November 22 ,~ 1977, has been executed by the said High
Plains ]Pavers~ Inc. and by said City, the execution of which contract by the
City being authorized by Resolution heretofore passed by said City Council;
and the performance bond required by law and said contract has been properly
f~Dished~by said High Plains Pavers, Inc. and approved and accepted by said
City Council, all as required by law and the Charter of the City of Plainview.
(d) That the City Council of the City of Plainview has caused the City
Engineer to prepare and file estimates of the costs of such.improvements and
estimates of the amount per front foot to be assessed against the property
abutting said streets; and the City Engineer has heretofore filed said estimates
and a statement of other matters'relating thereto with said City Council, and
the same have been received, examined, and approved by said City Council; and
that in accordance with said statement of the estimates so filed by the City
Engineer and herein approved, the amounts of said estimated costs are hereinafter
stated and set out in the schedule contained in Section 2 hereof.
SECTION 2: The written statement and report of the City Engineer here-
tofore filed with the City Council, showing the estimated total costs of all
the improvements on each of said streets or units, within the limits above
defined~ showing the amounts per front foot proposed to be assessed against
the abutting property and against the real and true owners thereof for said
improvements, showing the total estimated cost of said improvements on each of
said streets or units proposed to be assessed against and paid to the City of
Plainview by the abutting property and the real and true owners thereof to
reimburse the City for a portion of the cost of such improvements and showing
the amount of said improvements to be paid by railways and railroad companies
using, occupying or crossing a portion of a specified unit to be improved for
the improvement in the area between their rails and tracks, double tracks,
turnouts and switches and two feet on each side thereof, and showing the total
estimated cost of said improvements on each of said streets or units and other
matters relative thereto, having been received and examined by the City Council
said report and the estimates therein shown are hereby in all things approved
and adopted; and it is hereby found and determined by the said City Council
that the estimated amounts of the several respective itemS of costs of said
improvements as above described on each of said streets or units are as follows,
to-wit:
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SECTION 3: The cost of said improvements shall be paid as follows,
to-wit:
(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 by assessment
against the respective abutting properties amd the real and true owners
thereof, and as against railways using, occupying or crossing any portion
of a specific unit herein designated to be improved, all in accordance
with applicab'le provision of the Statutes of the State of Texas herein
referred to. No assessments shall be made against any abutting property
or t]he real and true owners thereof for costs in excess of the benefits
---~o such property in enhanced value thereof by means of such improvements.
The .amounts of such assessments shall constitute a first and prior lien
upon all such properties and a personal liability of the real and true
owners thereof, whether correctly named or not, and shall be payable as
hereinafter provided in this ordinance.
SECTION 4: That allocation of payment for the specified improvements
of t]~e said streets as herein designated, shall be as follows:
(a) Railways ~sing, 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.
(b) 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.
(1) 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 w[rtue of such improvement, will not aggregate such of the cost speci-
fied 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 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, shall be apportioned among the parcels of abutting property
and owners thereof in accordance with the Front Foot Plan or Rule.
(a) 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 adjust-
.... ment of Such apportionment, so as to produce a substantial equality of
benefits received and burdens imposed.
(b) 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 street unit shall be separate and distinct from each other; and
in m~king and levying the assessments against property for the improve-
ments in each street unit as herein designated and defined, no matter
or circumstance in connection with any other such unit shall be considered
in connection with the other. Such proceedings as to each of such units
shall be separate and independent, all as fully and to the same extent
as if separate contracts were executed and separate proceedings had with
reference to each such unit.
SECTION 6: A hearing shall be held and given to the real and
true owners of, and all owning or claiming any interest in any property
abutting upon said streets or units within the limits above defined, 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
each parcel of abutting property, and the real and true owners thereof,
and as to the special benefits, if any, to said property to be received
from said improvements, and to railways using, occupying or crossing any
portion of a specific unit as herein designated to be improved, 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 be held by the City
Council of the City of Plainview, Texas, in the Council Chamber of the
C~ty Council in the City Hall of the City of Plainview, Texas, beginning
at 10:00!o'clock · A.M. on the 23rd day of January ., 1978,
at which time and place all persons, firms, corporations, or estates owning
or claiming any such abutting property or any interest therein, and their
agents or attorneys, railways and railroad companies using, occupying
or crossing any portion of a specific unit as herein designated to be
improved, 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 from 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 t]he 40th Legislature of 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 wr{tten 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 owners of the respective properties abutting such streets,
high~ay, highways or portion or portions thereof to be improved, as the
names of such owners are shown on the then current rendered tax rolls of the
City of Plainview and at the addresses so shown, or if the names of such
respective owners do not appear on such rendered tax rolls, then addressed
to such owners as their names are shown on the current unrendered 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 con~ents shall comply with all of the provisions of Section
9 of Article ll05-b, Vernon's Annotated Civil Statutes, as amended by Acts
.of 1967, 60th Legislature, Page 365, Chapter 176, Paragraph 1.
SECTION 7: 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 name 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, and the assessment against
said abutting property shall be valid whether or not such owner be
named, or correctly named, or said property correctly described therein.
Assessments 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 8: Each portion of said 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 assessments to be levied for said
improvement in each Unit or portion of said streets shall be altogether
separate and distinct and independent of and from the assessments to
be levied in every other of said Units and portions of said streets,
and, in making and levying said assessments against the property
abutting upon one of said Units, no matter or circumstance in connection
with any other of said Units shall be considered or have any effect upon
the other, all as fully and to the same extent as if separate proceedings
and contracts had been had and executed with reference to the improvements
to be made in each of said Units.
SECTION 9: The City Council of the City of Plainview may make such
corrections of mistakes, changes, and 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 10: The fact that the streets and portions thereof
to be improved as heretofore and hereinabove provided for are in
such.condition and improvements are necessary and should be made
without delay creates an emergency and imperative public necess-
ity for the immediate preservation of the public peace, health,
safety and general welfare, requiring that any rule necessitating
more than one reading thereof, 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 ].aw, and it is so ordained.
PASSED this the 13th day of December , A. D. 1977,
by unanimous vote of the City Council of the City of Plainview.
APPROVED this the 13th day of December ,
A. D. 1977.
ATTEST:
M. L. Rea, City Clerk