HomeMy WebLinkAbout78-2192 ordORDINANCE NO. 78-2192
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY
ABUTTING UPON SUNDRY STREETS IN THE CITY OF PLAINVIEW, TEXAS, WITHIN THE
LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY
AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS TO BE MADE
TO SAID STREETS WITHIN SAID LIMITS; FINDING AND DETERMINING THE PARCELS 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 IMPROVING SAID STREETS WITHIN THE LIMITS
DEFINED, FIXING A CHARGE AND LIEN AGAINST SAID ABUTTING PROPERTIES, AND THE
REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CER-
TIFICATES 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; 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 IMPROVEMENT IN THE AREA BETWEEN
SAID RAILWAYS OR RAILROAD COMPANIES RAILS AND TRACKS, DOUBLE TRACKS, TURNOUTS
AND SWITCHES, AND TWO FEET ON EACH SIDE THEREOF TO THE RAILWAYS OWNING SAID
PROPERTY OR IN LIEU THEREOF GIVING THE RAILWAY COMPANIES THE OPTION OF MAKING
SAID IMPROVEMENTS THEMSELVES; FINDING AND DETERMINING THE PORTIONS OF STREETS
DESCRIBED IN THE ORDINANCES PREVIOUSLY ADOPTED; DETERMINING THE NECESSITY FOR
IMPROVEMENT OF CERTAIN STREETS, IN REGARD TO WHICH THE IMPROVEMENTS WILL NOT
BE BENEFITED IN AN AMOUNT IN EXCESS OF THE COST OF THE IMPROVEMENTS, AND
PROVIDING FOR THE RELEASE OF ANY LIEN, EXPRESS OR IMPLIED, AS AGAINST PROPERTY
ABUTTING ANY PORTION OF THE STREET OR STREETS TO BE IMPROVED IN REGARD TO
WHICH THE ASSESSMENTS ARE NOT ~iADE FOR IMPROVEMENTS; DECLARING AN EMERGENCY;
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 PLAINVIEW, TEXAS:
SECTION 1:
The City Council of the City of Plainview, Texas, finds:
(a) That the City Council of the City of Plainview, Texas, has here-
tofore by ordinances duly enacted on August 23, 1977 and on October 25,
1977 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 therein defined, and in the manner and
according to the plans and specifications therefor, which plans and speci-
fications have heretofore been approved and adopted by said City Council.
(b) That notices duly executed i
Texas, of the enactment of said above
been filed with the County Clerk of Ha
said City of Plainview is situated) on
1977, and on the llth day' of
(c) That said City Council after
manner as required by law and by the £
contract for the construction of said
Inc., upon its lowest and best bid the
November 22, 1977 . , has been e
and by the City of Plainview; and the
said contract has been properly furni
(d) That the City Council cause,
estimates of the costs of such improve
front foot proposed to be assessed aga
streets within the limits defined[, and
thereof.
(e) That upon the filing Of said
ordinance duly enacted on December
order a hearing to be held at 10:00
of January , 1978, in the ¢
Plainview, Texas, at which time and pl
estates owning or claiming 'any such ab
were to appear and be heard in person
the City Clerk to give due notice of s
law.
(f) That after due publication o
23rd day of January
hearing was opened and held in accorda
which time and place an opportunity wa
parties and agents and attorneys to be
matters in accordance with said ordina
appeared and testified as follows:
The City Engineer of the City of
proposed to be constructed and explain
costs of such improvements between the
owners thereof.
The City Engineer also pointed ou
published in the Plainview Daily Herat
in the City of Plainview at the time a
n the name of the City of Plainview,
described ordinances have heretofore
le County, Texas, (the County in which
the 31st day of August ,
November , 1977.
having advertised for bids in the
harter of said City, did award the
improvements Co High Plains Pavers,
refor, and said contract, which is dated
xecuted by said High Plains Pavers, Inc.
performance bond required by law and by
hed by the said High Plains Pavers, Inc.
the City Engineer to prepare and file
ments and estimates of the amount per
inst the property abutting each of said
against the real and true owners
estimates the City Council did by
13 , 197~7 , provide for and
o'clock a .m. on the 23rd day
ouncil Chamber of the City Hall of
ace all persons, firms, corporations and
utting property, or any interest therein,
or by counsel; and such ordinance directed
uch hearing in the manner required by
f notice as required by law, and on the
, 19~8_, atl0:00 o'clock~a.m., said
nce with sai~ ~-rd~na-~ce~-~nd notice, at
s given to all of the above mentioned
heard and to offer evidence as to all
nce and notice, at which time the following
Plainview described the improvements
ed the method of apportionment of the
City and the abutting property and the
t that a notice of the hearing had been
d, a daily paper of general circulation
nd in the manner required by law; that
such contained proposed rates per front foot to be assessed against the abut-
ting property and its owners. The City Engineer further testified that he had
mailed a notice by United States mail to the owner of each property abutting
said street or streets as shown by the assessment tax records of the City of
Plainview, and that he had also nmiled a notice to each of the railroads
having railways crossing streets included in the streets to be improved.
David Julian then ~estified that he was a professional real
estate broker; that he has had experience and training in appraising
property; that he had familiarized himself with the market value
of property within the City of Plainview and also was familiar
with the differences that it made in property where it had paving
abutting it, and that he had inspected each parcel of property
abutting upon the stree,ts and units hereinafter se~ out within
the past four days. He then testified as to the market value of
each abutting property as shown on the City. Engineer's role as
shown in Ordinance No. 77-2105 and Ordinance No. 77-2127 in its
present condition and then stated what, in his opinion, would be
the amount in dollars and cents that the market value would be
enhanced by the improvements to be made to the abutting property,
and in each instance and as to each parcel of property the amount
of enhancement he testified to was an amount that would enhance
the property in value greater than the proposed assessment against
such property, with the exception of the following parcels of
property:
(~) A high voltage power transmission line is presently
located upon, across and adjacent to certain parcels of property
abutting the improvements under consideration. The power trans-
mission line right-of-way easement is located upon, across and
adjacent to the following described parcels of property, and the
improvements under consideration would not enhance the value of
such property:
Item
Unit No., Parcel No. ~nhane~ment ~Amount
Owner & Parcel Description After Improvement Assessed
8-1-77, l, Plainview Inde-
pendent School District,
Tract out of John Kiser
Homestead Survey, Hale
County, Texas
No Enhancement None
8-1-77, 2, Curry & Bain,
Lot 11, Block 17, Revised
Wye Addition No. 4 t~
Plainview, Texas
No Enhancement ~- None
Item
Item
Unit No., Parcel No. Enhancement
Owner & Parcel Description After Improvement
Amount
Assessed
8-1-77, 3, Curry & Bain,
Lot 10, Block 12, Revised
Wye Addition No. 4 to
Plainview, Texas
No Enhancement None
8-1-77, 4, Curry & Bain
Lot ll, Block 12, Revised
Wye Addition No. 4 to
Plainview, Texas
No~Enhancement None
5. 8-1-77, 5, Curry & Bain, No Enhancement None
Lot 10, Block 11, Revised ,
Wye Addition No. 4 to
Plainview, Texas
8-1-77, 6, Curry & Bain,
~ot 11, Block 11, Revised
Wye Addition No. 4 to
Plainview, Texas
No Enhancement None
(ii) The street improvements under consideration are abutting
some of the parcels of property on two sides. The improvements
to be made will enhance the value of such property, but it will
not enhance the value of th~ property in excess of the cost of
such improvements. The following is a list of the parcels of
property and the enhancement of the value of said property as a
result of the improvements under consideration:
Unit No., Parcel No.
Owner & Parcel Description
Value Without Value With Enhancement Amount
Improvement Improvement After Assessed
Improvement
2-1-77, RareSt ~
10-1-77, Parcel 6,
Southwestern Public Service
Company, LQts 15 & 16,
Block 6, Depot Addition,
Plainview, Texas
7-1-77, Parcel 5,
10-1-77, Parcel 1,
Raymundo Villalpando,
Lots 13 & 14, Block 7,
Depot Addition, PlAinview,
Texas
(Combined) (Combined) (Combined) $355.00
$800.00 $1,500.00 $700.00 345.00
(Combined) (Combined) (Combined) $355.00
$800.00 $1,500.00 $700.00 345.00
Item Unit No., Parcel No.
Owner & Parcel Description
Value Without
Improvement
Value Wi t~ Enhancement Amount
Improvement After Assesse~
Improvement
9-1-77, Parcel 5,
10-1-77, Parcel 7,
Jesus M. Diaz, Lot 1,
Block 6, Depot AdditiQn,
Plainview, Texas
(Combined)
$300.00
(Combined) (Combined) $177.50
$750.00 $450.00 222.50
9-1-77, Parcel 6
10-1-77, Parcel 2
Estella Pace, Lot 12,
Block 7, Depot Addition,
Plainview, Texas
(Combined)
~300.00
(Combined) (Combined) $177.50
$750.00 $450.00 272.50
11-1-77, Parcel' 14,
14-1-77, Parcel 1
Esperedian C. Favila
Lots 13'& 14, Block 9,
Frisco Addition, Plaimvi~w,
Texas
(C6mbined)
$300.00
11-1-77, Parcel 26 (Combined)
13-1-77, Parcel 1 $300.00
Tifilo Sanchez, Lots 15 &
16, Block 2, Frisco Addition,
Plainview, Texas
(Combined) (Combined) $122~50
$600.00 $300.00 177.50
(Combined) (Combined) $177.50
$600.00 $300.00 122.50
1t-1-77, Parcel 25 $ ~600.00 $1,200.00 $ 600.00
12-1-77, ~arcel 19 1,200.00 2,500.00 1,300.00
13~1-77, Parcel 3 (Parcel 3 is a combination of Parcels 25
The Roman Catholic Bishop and 19 which have a combined enhancement
of The Diocese of Amarillo,,~Of $1,900.00)
Texas, Lots 1,2,3,4,25,26,
27,28,29,30,31&32, Block 6,
Frisco Addition, Plainview,
Texas
12-1-77, Pa=cel 20
13-1-77, Parcel 2
Petra Rocha Reyes,
Lots 17 & 18, Block 2, ~
Frisco Addition, Plainview,
Texas
(Combined)
$300.00
(Combined)
$625.00
(Combined)
$'325.00
(iii) The street improvements under consideration abutting some
of the parcels of property w~tl enhance the value of such property.
However, it will not enhance the value of the property in excess
of the cost of the improvements. The following is a list of the
parcel's of property and the enhancement of the value of said
property as a result of the improvements under consideration:
$355.00
710.00
835'.00
$177.50
147.50
Item
Unit No., Parcel No.
Owner & Parcel Description
Value Without Value With Enhancement Amount
Improvement Improvement After Assesse~
Improvement
11-1-77, Parcel 1,
Jesus Cantu Estrada,
Lot 23, Block 8, Frisco
~ddition, Plainview, Texas
$150.00 $300.00 $150.00 $150.00
12-1-77, Parcel 3,
Ezequiel Go~ez, Lots 29. &L30,
Block 10, Frisco Addition,
Plainvi~w, Texas
$300.00 $600.00 $300.00 $300.00
12-1-77, Parcel 4, $300.00
Jaques Saturnio, Lots 43 & 44,_
-Block 5, Fr~sco Addition,
Plainview, Texas
12-1-77, Parcel 5,
Alfonzo Nevarez, Lots 1 & 2,
Block 5, Frisco Addition,
Plainview, Texas
$300.00
12-1-77, Parcel 6,j
Manuel Ramos, Lots 43 & 44
Block 4, Frisco Addition,
Plai~view, Texas
$300.00
12-1-77, Parcel 7,
Bigal Lopez, Lot 1~ Block 4,
Fr~isco Addition, Plainview,
Texas
$150.00
12-1-77, Parcel 8,
Reyes Saenz, S. 130' Of
Lot 1 & S. 130' of Lot 2,
Block 3, Frisco Addition,
Plainview, Texas
$300.00
12-1-77, Parcel 10,
Benito Estrada, Lots 23 & 24
Block 9, Frisco Addition,
Plaim~i~w, Texas
$300.00
$600.00 $300.00 $300.00
$600.00 $300.00 $300'.00
$600.00 $300.00 $300.00
$300.00 $150.00
$15o.oo
$600.00 $300.00 $300.00
$600.00 $300.00 ~ ~300.00
The Mayor then asked if there were other parties present who
desired to be heard on the matter in connection with the improve-
ments under consideration.
Doug Graham, who represented the Lucy Merriman Trust, appeared
in opposition to the improvements under consideration and questioned
the appraiser as to the value he placed on the property and
stated that there was an existing paved road adjacent to the
property owned by the Lucy Merriman Trust and that there was no
necessity for additional improvements to be made to the public
street adjacent to the parcels of property owhed by the Lucy
Merriman Trust.
Pauline W. Hubbard, a property owner, appeared in opposition
to the improvements under consideration and stated that the
parcel of property which she owned abutting the public street to
b~ improved was far~ land and was located close to a feedlot. A
lake was located on approximately eight acres of this land, and
the property could not be used {or residential or commercial
development. A paved road was already in existence on the street
where the improvements were to be made and there was no necessity
for making said improvements to the street abutting the property
owned by her and that such improvements would not enhance the
value of said property.
Jfoe Cox, a property owner, appeared and stated that Cox &
Hurt were owners of a parcel of property abutting improvements to
be made to public streets and that Cox & Hurt would abide by the
decision of the other people who resided in the neighborhood
where their property was located. If the people desired for the
improvements to be made, this decision would be satisfactory with
Cox & Hurt.
Luther Bain, a property owner, appeared in opposition to the
improvements under consideration and stated that a high voltage
power transmission line was located upon, across and adjacent to
a portion of the parcels of property abutting the streets on
which the improvements were under consideration; that the powerline
easement extended across practically all of said parcels of
property and that the improvements under consideration would not
enhance the value of such property.
Then a letter from the Fort Worth & Denver Railway was
acknowledged and placed in record in which the railway stated
that it could not, under any circumstances, permit anyone other_
than its own employees to do any work on the railroad itself, and
that any work done on the right-of-way would have to be done by
it. Because of the conditions and matters stated in said letter,
it was also opposed to the manner and method of improvements and
to the assessment as against said railroad.
The letter from the Fort Worth & Denver Railway was read
into the record and placed in the record in which it stated that
it would be amenable to making improvements on its property in
the manner set out in its letter but that it could not, under any
circumstances, permit anyone other than its own force to do any
work on its railroad right-of-way in connection with its rails.
The Mayor then asked if there were any other parties present who desired
to be heard on any matter in connection with the improvements under consideration,
but there being no other persons present who wished to be heardl at such hearing,
the Mayor announced that the hearing was closed and directed the City Attorney
to prepare an Ordinance incorporating the findings of the City Council When
made.
(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 said abutting property and~ the real and true owners thereof
as compared with the portion of the cost of constructing said i~provements
proposed to be assessed against said abutting property, and hasl heard all
parties appearing and offering testimony, together with all objections and
protests relative to such matters and'relative to any errors, i~validities or
irregularities in any of the proceedings and contract for 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 Mas fully examined
and considered all of said evidence, matters, testimony and ob'
(h) That said City Council did consider and correct all
dities or deficiencies called to its attention and did find th
and contracts were proper and in accordance with the laws unde~
being had and with the directives of said City Council in refe~
improvements, and that all of same are in all respects valid a~
ections offered.
~rors, invali-
t all proceedings
which same are
ence to such
~d regular.
(i) That based on the evidence, matters, testimony and obijections con-
sidered at such hearing, the said City Council has determined ~hat the properties,
and each and every parcel of such property abutting upon the s~reets and units
as hereinafter set out, will be enhanced in value and speciallM benefited by
the construction of such improvements in an amount in excess o~ the amount of
the cost of such improvements proposed to be, and as hereinafter assessed
against each of said parcels of property abutting upon said streets and the
real and true owners thereof, except as to the hereinafter described
property:
1. The City Council finds that a high voltage power trans-
mission line is presently located upon, across and adjacent
to the following described property. The power transmission
right-of-way easement covers practically all of Said parcels
of property abutting the proposed improvements, and the
improvements under consideration would not ~nhanee the value
of such property. Therefore, no assessment shall be made
against said parcels of property:
Item
Unit No., Parcel No.
Owner & Parcel Description
Enhancement Amount
After Improvement Assessed
8-1-77, 1, Plainview Inde-
pendent School District,
Tract out of John Kiser
Homestead Survey, Hale
County, Texas
8-1-77, 2, Curry & Bain,
Lot 1I, Block 17, Revised
Wye Addition No. 4 to
Plainview, Texas
8-1-77, 3, Curry & Bain,
Lot 10, Block 12, Revised
Wye Addition No. 4 to
Plainview, Texas
8-1-77, 4, Curry & Bain
Lot 11, Block 12, Revised
Wye Addition No. 4 to
Plainview, Texas
8-1-77, 5, Curry & Bain,
Lot 10, Block 11, Revised
Wye Addition No. 4 to
Plainview, Texas
8-1-77, 6, Curry & Bain,
Lot 11, Block 11, Revised
Wye Addition No.. 4 to
Plainview, Texas
No Enhancement None
No Enhancement None
No Enhancement None
~No-~Enhancement None
No Enhancement None
No Enhancement None
Item
2. The City Council finds that the street improvements under
consideration are abutting some of the parcels of property
on two sides. The improvements to be made will enhance the
value of such property, but it will not enhance the value
of the property in excess of the cost of such improvements.
Therefore, each of the following described parcels of
property is assessed the value of the e~hancement of said
property as set forth herein:
Unit No., Parcel No.
Owner & Parcel Description
Value Without Value With Enhancement Amount
Improvement Improvement After Assessed
Improvement
o
7-1-77, Parcel 4,
10-1-77, Parcel 6,
Southwestern Public Service
Company, Lots 15 & 16,
Block 6, Depot Addition,
Plainview, Texas
7-1-77, Parcel 5,
10-1-77, Parcel 1,
Raymundo Villalpando,
hots 13 & 14, Block 7,
Depot Addition, Plainview,
Texas
9-1-77, Parcel 5,
10-1-77, Parcel 7,
Jesus M. Diaz, Lot 1,
Block 6, Depot Addition,
Plainview, Texas
9-1-77, Parcei 6
10-1-77, Parcel 2
Estella Pace, Lot 12,
Block 7, Depot Addition,
Plainview, Texas
11-1-77, Parcel 14,
14-1-77, Parcel 1
Esperedian C. Favila
Lots 13 & 14, Block 9,
Frisco Addition, Plainview,
Texas
(Combined) (Combined) (Oombined) $355.00
$800.00 $.1,500.00 $700.00 345.00
(Combined) (Combined) (Combined) $355.00
$800.00 $1,500~00 $700.00 345.00
(Combined) (Combined) (Combined) $177.50
$300.00 $750.00 $450.00 272.50
(Combined) (Combined) (Combined) $177.50
$300.00 $750.00 $450.00 272.50
(Combined) (Combined) (Combined) $122.50
$300.00 $600.00 $300.00 177.50
11-1-77, Parcel 26 (Combined)
13-1-77, Parcel 1 $300.00
Tifiio Sanchez, Lots 15 &
16, Block 2, Frisco Addition,
Plainview, Texas
11-1-77, Parcel 25
12-1-77, Parcel 19
13-1-77, Parcel 3
The Roman Catholic
of The Diocese of
Texas, Lot
27,28,29,3
Frisco Add
Texas
12-1-77, P
12-1-77, P
13-1-77, P
Petra Roch
Lots 17 &
Frisco Add
Texas
Bishop
Amarillo,of
s 1,2,3,4,25,26,
0,31&32, Block 6,
ition, Plainview,
arcel 20
arcel 20
arcel 2
a Reyes,
18, Block 2,
ition, Plainview,
(Combined) (Combined) $177.50
$600.00 $300.00 122.50
$ 600.00 $1,200.00
1,200.00 2,500.00
(Parcel 3 is a combination of
and 19 which have a combined
$1,900.00)
(Combined)
$300.00
$ 600.00 $355.00
1,300.00 710.00
Parcels 25 835.00
enhancement
(Combined) (Combined) $177.50
$625.00 $325.00 147.50
3. The City Council finds that the street improvements under
consideration abutting some of the parcels of property will
enhance the value of such property, but it will not enhance
the value of the property in excess df%the cost of such
improvements. Therefore, ~each of the following descirbed
parcels of property is assessed the value of the enhancement
of said property as set forth herein:
Item Unit No., Parcel No.
Owner & Parcel Description
Value Without
Improvement
Value With Enhancement Amount
Improvement After Assessed
Improvement
11-1-77, Parcel 1,
Jesus Cantu Estrada,
Lot 23, Block 8, Frisco
Addition, Plainview, Texas
$150.00
12-1-77, Parcel 3,
Ezequiel Gomez, Lots 29 & 30,
Block 10, Frisco Addition,
Plainview, Texas
$300.00
12-1-77, Parcel 4, $300.00
Jaques Saturnio, Lots 43 & 44,
Block 5, Frisco Addition,
Plainview, Texas
12-1-79, Parcel 5,
Alfonzo Nevarez, Lots 1 & 2,
Block 5, Frisco Addition,
Plainview, Texas
$300.00
12-1-77, Parcel 6,
Manuel Ramos, Lots 43 & 44
Block 4, Frisco Addition,
Plainview, Texas
$300.00
12-1-77, Parcel 7,
Bidal Lopez, Lot 1, Block 4,
Frisco Addition, Plainview,
Texas
$150.00
12-1-77, Parcel 8,
Reyes Saenz, S. 130' of
Lot I & S. 130' of Lot 2,
Block 3, Frisco Addition,
Plainview, Texas
12-1-77, Parcel 10,
Benito Estrada, Lots 23 & 24
Block 9, Frisco Addition,
Plainview, Texas
$300.00
$300.00
$300.00 $150.00 $150.00
$600.00 $300.00 $300.00
$600.00 $300.00 $300.00
$600.00 $300.00 $300.00
$600.00 $300.00 $300.00
$300.00 $150.00 $150.00
$600.00 $300.00 $300.00
$600.00 $300.00 $300.00
4. The City Council .finds that the improvements under
consideration should not ibe made on the streets abutting
the following parcels of property. Therefore, no street
improvement under consideration shall be made on the
following described parcels of property and no assessment
shall be made against~ said parcet~ of propsrty:
Item
Unit No., Parcel No.
Owner & Parcel Description
3-2-77, Parcel 9 Lizzie Merryman Trust
Lots 11, 12, 13, 14, ~ 15', Block 2,
Merryman Addition to the City of
Plainview, Texas.
3-2,77, Parcel 10, Latin American
Council of Christian Churches
Lot 16 & 17, Block 2, the Merryman
Addition to the City of Plainview,
Texas.
e
3-2-77, Parcel 25, Pauline W. Hubbard
A tract of land out of the Horace
Griffin Homestead Survey, Hale County,
Texas.
The Council further finds that there is no reason why the railroad, that
is, the Ft. Worth & ~Denver Railway Company , described in the
City Engineer's Roll should not pay for the improvements to be assessed against
it as provided in Ordinance NO. 77-2175 , but that in lieu of making
the assessments, the railroad should be given the option of making its own
improvements with solid plank crossings and that if said railroad make the
improvements, that the assessments should not be made, but otherwise, assessments
should be made against it for the cost of making improvements as set out in
the Engineer's Roll.
(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: (a) The City Council hereby finds and determines upon the
evidence heard in reference to each and every parcel of property abutting
upon the streets and units hereinafter set out, except as stated herein, ehhan~em~nt in
value to accrue to said property and the real and true owners thereof by
virtue of the construction 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
proceedings and contracts heretofore had with reference to said improvements
are in all respects regular, proper'~and valid, and that alt 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.
(b) The City Council further finds that the railroad company having
crossings, that is, the Ft. Worth & Denver Railway Company has a railroad
using, occupying or crossing a portion of a specific Unit as designated in the
Engineer's Roll should be assessed for and pay for the entire cost of such
improvements in the area between its rails, and tracks, double tracks,
turnouts and switches and two feet on each side thereof. But that said railway
should be given the option of making the improvements, and if said improvements
are made by it by solid plank c~ossing, that no assessment be made against it
as provided, and no tax assessed against it as provided by Statutes of the State
of Texas, but that in~.~the event that said railroad does not make said improvements
with its own agents and employees, that then said railroad as designated in the
Engineer's Roll shall pay the amount as shown in said Engineer's Roll and that
the same shall be collected as a special tax as provided by the Statutes of the
State of Texas and the laws in regard thereto.
SECTION 4: (a) In pursuance of said Ordinance duly enacted by said
City Council authorizing and ordering the improvement of said streets and
units, including the said portions of streets and units hereinbelow set out,
which ordinance was passed as aforesaid on Aug~ 23 & Oct. 25, 1977 and in
pursuance of said proceedings heretofore had and enacted by said City Council
in reference to said improvements 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 Chapter 106 of the Acts of the First Called Session of
the 40th Legislature of the State of Texas, known and shown as Article l105-b,
Vernon's Annotated Civil Statutes of Texas, as amended, and Section 199 of the
Charter of the City of Plainview, Texas, there shall be, and is hereby levied,
assessed and taxed against the respective parcels of property hereinafter
described and abutting upon the said streets and units hereinafter set out and
within the limits below defined against the real and true owners of such
property whether such real and true owners be named, or correctly named, or
said properties be correctly described herein or not, the several sums of
money hereinbelow mentioned and itemized opposite the description of the
respective parcels of said property, the description of such property, the
number of front feet of each, and the several amounts assessed against the
same and the real and true owners thereof, (and where the amount so assessed
against the corner properties has been computed by adjusting the frontage,
such amount so assessed shall constitute a lien against the entire property
abutting the paving actually constructed and not merely against the amount of
frontage used as an adjusted basis for the assessment), and the names of the
apparent owners thereof, all as corrected and adjusted by said City Council,
being as follows, to wit:
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(b) The railway company, that is, the Ft. Worth & Denver Railway
Company is assessed the whole cost of the improvements in the area
described as Railroad Crossings in the above and foregoing City
Engineer's Roll as shown in Unit 16-1-77, and in Unit 2-2-77, and
there is hereby levied a special tax on said railway and railroad
company and its road-bed, ties, rails fixtures, rights and franchises,
which tax shall constitute a lien thereon superior to any other
lien or claim except State, County and City Ad Valorem taxes, and
the collection of which tax may be enforced as provided in Section
5 of Article l105-b, Vernon's Annotated Civil Statutes of Texas,
together with interest at the rate of seven and one-half percent
(7-1/2%) per annum. Said levy and tax shall he paid by said
railway company within ten days after the completion of said
work and improvements, provided, however, that if said railway
company improves the area and under its rails, tracks, double
tracks and switches and two feet on each side thereof, at the
crossings described in the foregoing City Engineer's Roll with
solid plank crossing, then and in such event the assessment herein
made shall be void and of no force and effect, and the improvement
by said railway or railroad company of said areas as aforesaid
at its own expense and with its own agents and representatives
shall be considered a full and complete payment and satisfaction
of the assessment and tax hereby levied for Railroad Crossings only.
SECTION 5: The assessments levied in Section 4 above are
for a portion of the costs of said improvements in the streets and
units therein set out which are included in said Ordinance No.
77-2105 enacted on the 23rd day of August, 1977, and Ordinance No.
77-2127 enacted on the 25th day of October, 1977, and except as
stated herein, the assessment for the improvements in said units
are in nowise related to, or connected with, the improvements
or assessmenns in any other of the streets or units described
in said ordinance; and in levying said assessment, the amount so
assessed fo= the improvements in said units have been in nowise
affected by any. fact or thing in any way connected with the
improvements or the assessmenns 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 improv.~ments in any particular street or unit
in front of any p'arcel of property exempt from the lien of such
assessments, or against which a v~lid 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 pro-
perties 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 reason-
able 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 amount 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
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 amount of the assessments upon which default is made together with
reasonable attorney's fees 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 addition, 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 due and payable the entire unpaid balance of such obligation.
(b) Amounts assessed against railroads shall be collected in a manner
provided by law.
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 tha 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 estate or 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 in-
validate 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 of 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 collectible with reasonable attorney's
fees and all expenses and costs of collection, 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,
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 all prerequisites to the fixing of the assessment lien against
the property and the personal liability of the re~i 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 co%lection 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: All such assessments levied hereby shall be a personal
liability and charge against the respective real and true owner or owners of
said abutting properties, notwithstanding such owner or owners may not be
named or correctly named, and any irregularity in the name of the property
owner, or the description 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 cer-
tificates issued in 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 parcels of property
abutting upon the Units or portions 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
ordinance that were unconstitutional, void or ineffective if it had known that
they were unconstitutional, void or ineffective at the time of adopting this
ordinance.
PASSED this the 24th day of January , 1978 , by an affirmative
vote of four-fifths (4/5) or more of the City Council.
APPROVED this the 24th day of January
, 1978
ATTEST:
M. L. Rea, City Clerk
City of Plainview
~J.~ ~be~ t Waylan~, Ma~ -- ~'~
City of Plainview