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HomeMy WebLinkAbout81-2433 ordORDINANCE NO. 81-2433 AN ORDINANCE DECLARING PUBLIC NECESSITY FOR THE IMPROVEMENT OF CERTAIN DESIGNATED PORTIONS OF CERTAIN DESIGNATED STREETS IN THE CITY OF PLAtNVIEW, TEXAS, SPECIFYING THE NATURE AND TYPE OF SUCH IMPROVEMENT, ESTABLISHING TNT MANNER OF EFFECTUATION AND METHOD OF PROCEDURE THEREOF, DESIGNATING AND SEPARATING UNITS OF WORK, ALLO- CATING DIVISION OF PAYMENT OF COST, PROVIDING RULE FOR APPORTIONMENT OF COST, FIX- ING TIME, TERMS AND CONDITIONS OF PAYMENT OF COST AND PROVIDING AND DEFINING ASSESS- MENTS THEREFOR, SPECIFYING NATURE OF ASSESSMENT LIENS A~D PERSONAL LIABILITY, PRO- VIDING FOR ISSUANCE AND PROVISIONS OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF ASSESS- MENT FOR COSTS~. AND DIRECTING THE CITY' ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF DESIGNATED UNITS AND TO PUBLICLY ADVERTISE FOR SEALED COM- PETITIVE BIDS WITH SPECIFIED CLAUSE~ AND DECLARING AN EMERGENCY.- BE IT ORDAINED BY THE CITY COUNCIL OF I'HE CITY OF PLAINVIEW: SECTION_1: That a necessity exists for the pe.rma~ent improvement of those certain portioqs of public streets hereinafter listed, by excavating, grading and paving 'the same, and by th~ 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 No. 81-1, ~' ' c, 1 width, Elm Street from the North property line of East 5th Street to the South property line of East 6th Street. Unit No. 81-2, 31' width, Fir Street from the North property line of East 5th Street .to the South property line of East 6th Street. Unit No. 81-3, 31' width, Beech Street from the North proPerty line of East First Street to the South property line of East Second Street. Unit No. 81-4, 31' width, East 12th Street from the East property line of Date Street tO the East property line of Ivy Street. Unit No. 81-5, 45' width, West 16th Street from the East property line of Fresno Street to the West property line of COlumbia Street. Unit No. 81-6, 71' width, East 6th Street from 50' West. of the West property line of Grove Street to 50' East of the East property line of Grove Street. SECTION 2: That said portions of such designated streets ~5ould 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 desi§n~ted in the plans and specifications of the City Engineer approved by the City Council. SECTION 3: The City Council of the City of Plain.view deems it advisable and her~]-~ 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 1105-b, Vernon's Civil Statutes of Texas), the te~ms and pro- visions of which are hereby adopted by the Ci~? of Plainview. SECTION 4: The cost of said improvements shall be paid as fo..¥~lows, to-wit: (a) the entire contract price shall be paid te the successful bidder by the City ~of Plainview. (b) the City of Plainvi.ew shall reimburse its'elf 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 a~y portioo of a specific unit as herein designated to be improved, shall be assessed for a~ shall pay for the entire cost of such improvements in the area between their rails and tracts, double tracks, turnouts and switches, and two feet on each side thereof. (2) The abutting property and the owners thereof~f a specific unit as herein designated to be improved, shall be assess.ed for and 'sha~l pay for the cost of the curb and gutter. - (a) In connection with the above assessment, shou~dqt 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 ~alue thereof by Virtue of such improvement, will not aggregate such of the cost specified above, then there shall be assessed against the abutting property ar~ shall be ~aid by such abutting property owner a lesser amount, not to exceed'the benefits of the said improvement. SECTION 5: That the p~rt of the cost of the specified improvements as herein ~-esi§nated, which may be assessed against abutting ~roperty a~ owners thereof, shall be apportioned among the parcels of abutting, property' and owners thereof ~n accordance with the Front Foot Plan or Ru~e. In connection with the above apportionment, should i~ appear that the application of tl~e above plan or rule would, in the opi~io~ of the £ity~ Council of Plainview, in particular cases result in inj~ustice or ~equalitY~ t~e~said Council_shall apportion'and assess the said costs in such proportiom as it may deem just and equitable, having in view the special benef}~s and e~anced value to be received by such parcels of property and owners t~ereof, the eq?ties of such owners and the adjustment of such apportionment, so ~s ~o pro~ed~ a sub- stantial equality of benefits received and bur~ns 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 speci- fied 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 unti'l paid at the rate of 7 I/~% pe'r annum. (b) The amounts assessed against and to be paid by the abutting property and tile owners thereof for such improvement shall be paidin 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 satisfacto~ by the City of Plainview, and such amounts so assessed shal-1 bear interest payable annually from that date until paid at the rate of. 7 1/2% per annum. (1) In connection with the installment payment of the above assessments, it shall, in addition, be provided that default in payment o~ any installment or interest when due, shall, at the option of't~e holder of such obligation, mature and render due and payable the entire unpaid balance.of such obligation. (c) Any security, lien, or document which,, i~ the opinion of the City Manager is reasonably necessary in addition to the pavia§ assessments and assignable certificates herein provided for, to secure the payment of the part of the costs of the improvements assessed against the abutti.~§ 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 frontageof suc~ property be~on§s may at the option of the City Council, be deleted from the co~tract, or a portion of said uni~ 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 specifi~-~--{mprovement 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 ~amed 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, declarin~ the lien upon the-property and .the liability of the l~'ue owner or owners ~hereof, whether correctly named or not, and shall fix'~herein. the terms and conditions of such certificates. (1) The abovelcertificates 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 ~f the assessment lien against the property described in the said certi- ficate and the personal liability of the owner or owners thereof have been performedL (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 certi_ficate 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 cl-a~ms 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 herei~ 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 suc~ Street unit shall be separate ~nd 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 10: That the City Engineer is hereby directed to prepare plans and spe~~~ for the specifiedimprovements 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 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 27th day of January unanimous vote of the City-~-~-O-Q-ncil. A, D., -1981 , by APPROVED this the 27th day of January A. D., 1981 . ATTEST: WALTER S. DODSO~¢, CITY CLERK City of Plainview ~T. ~ROB.ERT WAYL~D,. MAYOR City of Plainv~/e~ .........