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Home My WebLink About515 Ordinance IN WITh~£SS V~HEREOF, the parties hereto have set their hands the date herein ~named. CITY OF PLAINViEW CONTRACTING FIR~ ,B,,..,y, Mayor Party of the F. irs~t Part Party of Second Part Certified . ,1946. 3. The,Mayor~is hereby directed, to exec~tathe, a~o~sai& contract in the name of the..Oity of Plain~ie~, Texas~,~ an&..~,City Secretary skall, at.tesD and:~impres~ the 'corporate seal of the City of Plainview thereon, ~nd_~.hen thesame shall.ha~e..beenpro~erly signed by the said Bryan & Hoffman, Paving Contractors, the said contract and all of .its terms and provisions sh~ll be .in full force and effect, --~- 4. This resoluti.on shall be in force and effect from and after its passage. · PASSEDAND APPROVED this 15th day of April, 1946. Attest: J. L. Callaway City Secretary J. N. Jordan Mayor' Motion by Alderman Elliott,-seconded' .~y Alderman Malone, that the following ordinance be ~pazsed' and~ ~dopted; Th motion was carried and the ordinance~.£~l~ows: Ordinance No. 515 AN ORDINANCE DE2LARING PUBLIC NECESSITY FOR THE ~ROVEMENT OF CERTAIN DESIGNATED PORTIONS OF CERTAIN DESIGNATED STREETS IN THE CITY 0E PLAINVIEW, TEXAS SPECITYING T~ NATURE A~-D T~E OF SUCH ~oROVEI~ENT, ESTABLISHI.NG: TP~ ~gETHOD OF PROCED- URE T~REOF, DESIGNATING AI~!D SEPARATING UNITS ~0F WORK, ALLO- CATING DIVISION OF PAT~tENT OF COST, PROVIDING RULE FOR APPOR- TI0h~I~ OF COST, FIXING TI~, TEP~gS 'AI\~D CONDITIONS OF PAY-' ~ENT OF COST AND PROVIDING. AND DEFINING ASSESS~gENTS T~REFOR, SPECIFYING NATLEQE OF ASSES~NT LIENS AND PERSONAL LIABILITY, PROVISING F0R ISSUANCE AND Pi~0VISIONS OF ASSIGNABLE CERTIFI- CATES IN EVIDENCE OF ASSESSI¥1ENT FOR COSTS, PROVIDING FOR PSEAR-. ING AND NOTICE OF ~ARING. FOR ABUTTING¥'~ROPERTY 0~d~ERS PRIOR TO ASSESS2~NT, P.RES.CRIBING THE PROCEDURE FOR SUCH. HEARING, .DIRECT- ING~ CITY ENGIh!EER ~T0 PREPARE .. ESTIDL~TES OF COST OF Ih~PR0,VE~ENT A~D A~0L~TS OF PROPOSED. A~o~SS~fENT, PROVIDING FOR PERFORM~.NCE OF T ~ WORK BY CONTRACTOR, PROVID=~G FOE ~N~R AND ~THOD OF PAYI~ENT OF CON~ACTOR AND DECLARING AN ihV~RGENCY. ~, BE ,IT .0RDA, I~,'D BY T~ CITY COUNCIL OF TPfl~, CItY OF PLAI~VIEW~ TE~S. That public nec.essity exis~s, and~r~quires that.the~following portions of the designated sit. eats in the City,of ~lain~iew, ~exas shall be improved, as.herain~.~rovided, to-wit: 1, Eithth Street from West line of Lexington Street t~o West ~' ~ ~ ~de~ignated as Unit No.1 line of ~iwaukeeSt. r~.a, line of Street from West line of Milwaukee Street to West designated as Un.it Ne. 2 3, Nil~aukee Street from North line of Seventh Street to South line of Eighth Stree, designated as Unit No. 3 ~. MilwaBkee Street from North line of Eighth Street to South line of Ninth Street, designated as Unit No.~ 5. Nassau Street from North. line of Seventh Street to South line.~, of Eighth .Str, eet, ~..d signeted- .as~ ,-Un£t No. 5 6. Nassau Street from North line of Eighth Street to South lin~ of t~inth Street, designated~ as_ Unit No.6 ll. That said. por~ti.ons o.f'~ snch.~designated streets shall..he improved by raising, grading and filling,same, and by installing, co. nc~e~e cur. bs and gutters, and, where necessary, storm sewers and drains, an~ by pauing with tn~ follow, lng'type of material on specified foundation: 1. PREFERRED: Base. Triple Asphalt SurfaCe on Six-Inch Caliche 2. ALTEPd~ATE: Base. DoUble Asphalt Surface on Six-Inch Caliche ~. ALTERNATE: Caliche Base. 0ne-inch Oklahoma Rock Asphalt on Six-inch lll. That the special, ed improvement., of .~he. specifi:c Units.,as hemein designated shall be i.n,~ accordance_ with .an.d~ in conformity to the procedure-established and.~ontlined~in Chapter 9, Title 28,. Re- vised Civil Statutes of Texas, 1925, the terms and provisions of which have heretofore been adopted ~y the City of Plainview. 1¥. That the specified impmo.vement...of~ each specific Unit as herein de s. ignated shall · be. sparate ~,.and~., dis~t inc.~t ~ from ~.the. improvement of any Other._ .such Unit, and.the~sses~sment levied:for such, improve- ment shall be s~pa~ate~m and~.distinc~ .from the asaessment levied in. any other such Unit, and the.. said inzpro~ment and assessment for imlor0vement~,in .eack sp.eci~ic. Unit.. as herein designated shall not inter-dependently effect or be affected by the improvement or assess- ment in any other such Unit. That allocation of payment for the speciIied improvement of each specific Unit~ as here, in,~designa~ed, shall be as follows: 1. Railways..~using~,. occupying or ~crossing, any portion of a specific Iinit.~ as herein designated to be imp. roved, shalL.be assessed for an shall pay fo~.the, entir.e cos~t of. such improvements in .the area between their rails and tracks, double tracks, turnouts and switches, and.~two f~et. on each. side.,~ the~m, eof 2. The.abutting~ property and the owners thereof~, of.. a specific Unit as herein designated te be impr~oved, af, t.e~ deduction of the sum to be-paid by Railways under Sub-paragraph i above, shall be assessed for and sl~all pay f~or...i~tJ~.ea~E.ourtks of the. cost of. such,improvement. a. In conne.c$&on with. the. above assessment,, sho.Nld.it 'appear at 'hhe .heaming....to..~.be held be~or~e the..final asse.smument_ is ma~e, that ..the ~ special bemnef.~ts to~ such proerty, by way of enhance- ment of val~e tke.~eaf~ by uirtue of auch imp.~D~ement.,, will.not aggreE- ate such p~opor~.tian.,.of th~ cas~ .sDecified~ abo.~ve, then there shall. be assessed .and.~shall...be p.a~d by such abutting property and the ~wners thereof a lesser a~ou~t, not to exceed the benefits of the said impr o~vement.., 3. T.he. City of .Pl~ainvie~, after deduction of the. s.um assessed against Railways, under. Sub-paragraph. l, and~ after deduction of the Sum assess.ed against the,.ab, utting property and the owners thereof, under Sub-paragraph 2 abowe, shall pay the remaining cost of the said improvement. That .the part Cfm the-cost' of the .SPecified impr.ovement '-of each specific unit a~s _herein designated, which may .be assessed against abutting propert~ and owners ,thereof, shall be apportioned among the parcels of abutting property and owners thereof in accordance with the Front Foot-Plan ~or ..Rule-. 1, In connection~with.,.the.above appor.tionment,, sho.uld it. appear that the apPli,aa~i~n, of the above plan or .rule woul&, in.the opinion of the-City Council..of,. Plainview,-in particular cases res,ul~_ in injusti~e or inequality, the said Council shall appor.tion and..ass.ess, said costs in such propOrt'mion as it ma~ deem jus,~'~-~v.e~.~i~:ab~e,:, haui:ng in. [~~~,~m~he~ .[ special b~nefoDs amd enhanced v¢t~e t? be receCved .by sdc~. P.arcels ~f property and. o~ner, s thereof, the~equi.tie, s of such o~mers and the adjustment of such apportioment, so as to produce a substantial ~ equality of benefits received and burdens.imposed. Vll. · That '. the [.ti~a,,,.. terms..and ~conditions.~ of paymen~ of the amount s to' be assessed and to be paid for the speci¢ied improvement of each specific Unit .as here~ .des ignate.d, ~shall..be~ as follows4 1, The. a.mounhs...assessed .against and.m.,to be.. paid b~y Railways such improvement in the..area~between their, rails: and ~.trac.ks~,,, double. tracks, turn.outs and .switches~, and two f. eet. on,~..each 'side ther. eo~,, shall be paid o.n e,s~timates..or statemen~ta,_ on.ar. ~B.efo.~e lC.days, a£.ter completion o.f the.specified impr. ovement, ..of..the. specific.' Unit herein designer, ed, .and .the ac.cep~tance of the same..as sahisfactory by the City of Plainview, and such amounts so assessed shall .hear interest from that date ~until paid a.t the rats. of~ ..6% pe~.annu~... 2. The amounhs~ .assesaed.~.against ,and t.o~he pa£& .by the abutting.,, property and the o~¢ners thereof .for,. such impr~o~eme, nt. shall .~be paid in fi~e equal, ins~tallment s~,.. res~Decti~,el~, dna on..o~, b.afor~e ~10..~,da~Js ~ne ,:. three and four yea~s al.tar.the completion of the specified ·impro~vemenD~. of such spec~iiic ~Unit_,amS herein designated, and the..ac.ceptance, of the same as satisf.ac,tory by the.City.of Plainview, and such amounts so assessed shall bear interest apyable .annually from that date until paid at the rat.e..of 6% per_ ~amnum. a. In.~ connaa.ti.a~.,~with the installment...payment .of ~the_. abo.~a. assessments., it· shalL,, in addition., be p.ro~d.ed that default., in pay- ment of an~ installment, or in,te.rest .when due, s~ ll, at the option of the holder of such ob$igation, mature and render due and payable the entire unpaid balance of such obligation. Vll.1, That the amo.umts...~to be assessed, and..to be., paid. for the sp.eCifi.ed.~.im~, provement of each sp, ecific. Unit as h~rein .designated,~ shall.,,be, a. first and prior lien~.againat a~but,ti, ng pr~operty therein ·from. impr~ema~t ~is ordered.',by 0rd~nanc~e .aS.~m~nerelnoef e p.r~ovided, and shall be a personal liability and charge against the true owners of such property a.t~said datwfi, w~h~bher.~ ~named. or not.., 1. The.~Oity Co,ail. cf. Plainwiew, Texas ~shall ~canse~-to be in the name of-the City, assignable certificates.in evidence~of as~ess- ~ts levied, declaring the lien~ upon wthe pr~r~ty and the. liability of the true owner or owners thereof, whether Correctly n~ed or not, and shall fix therein._the teoms-and condi~tia~s~,f suck~certifi~cate~s~. a, The~ abav,e.~ ~c er t if i¢ ~ial 1 ~. t h a.t. the. proceedings with~.reference tker~ain refe,rred~ ~to~.' have been r~eguta.~t.y..an&~ in· .c~om~ , and. theft ~atl prer~?~ quisites to the. fixing of 'the assessment~'~lien against the property de- scribed in the said certificate, and the personal liability of the owner or o~ers:~.~ther, eo.~ha~e b~een pe~%o~med,~ b. The. abo~e cer..tific,a,tes~ shall..~b,e prima..~acie~.~evidence, of ~ all the matters recited, in s&ad., c.ermtificate~,~ and no fu~tker proof there,? of shall he required, and. in any su-it mUpOn~ any~..aas.a~ment or~.~e~asaes.sment., in evidence, of which a certificate shall ha~e been issued hereunder, it shallcerti~iCahe, and.~that such tacit.als no .elat ~ng such further allegation with reference to proceedings · ' a s s e s sma nt o r. re, as se s.sment ~ ~ skall ~. b e ~ ne c.e ss am~.,~ 2. Such assessments shall be collec~a~ with interest, expense of collection and reasonable attorney's fee, ~f' incurred, and shall be a first and prio.r lien on the property assessed'., superior to all other liens and claims ~except State, Conty, $-chool D±strict and City Ad Val- orem Taxes, and shall be a personal liability and charge against said owners~ of tlhe.property assessed. That no assessment for the- speci~Led~improvement of ~the specific ~Units as herein provided shall be made agains~t any Eail~ay~ or~ it~ owners~, nor against any abutting ~property or its ~wners, nntil_~aft,er notLce and opportunity for hearing by and before the City~ Co~uncil of the City of Plainvie~, and no suck assessment shall, be made. against any abutting p~operty or owners thereof in excess of the special benefits of such property and its owners in the enhanced value thereof by means of such improvemem~t, ~. ~t. In connection.with.:.the .ab~..e hearings., the. owners af such Railways or the owners, of any inte~es.t the.rein, an~.tha o~ners of much abutting, prope~t.y or .the owners ..of~.~any .interest .therein,, shall. have the right, a~t such.hearing, to Ba-,hear.d~ on.any matter whO. Ch is a prere~quisit.e: to the validity of the,.propo, sed assessment, and to, con- test "the amount of the propo.eed, assessment, the ·:lien. and liability therefor, the spe~Tal ]~enefits .to the abut~ting property and owners there-- of by mean:s of .t. he impr~v~eme~t .for. whi.ch-the:~assessment .is to be levied, and the ac:curac:y, suf.ficiency, regularity, and validity of the pro- ceedings and contract in connection with such improvement and proposed a~s s es~sme l~tl o '2. in further ~connection ~with the abave hearings, the Eity Eng- ineer is hereby order~ed .. and directed to prepare and file with-the Oity, estimates, sho~ing t~he cos~t~ of. the~ apecified imp~owement, of .each spec- ific Unit herein, toget~her.with the~ description of abutting property in each Unit, the names of the-o~mers of such property, and the amount. proposed to be assessed against each parcel of property .in each such Unit, and all other matters and things required by law in connection 'wi'th the proposed,~,asse-ssment. a. It is provided-, however, that any mis.take.in~ such estimate or in the amount .and in. the descriptiom of the property, or in the names of the owners thereof, shall in no wise affect, invalidate or impair any assessment which may be That the specified improvement, of .the specific, Units as herein.des- ignated shall, bec. made by Bmyan ~ Hoffman ,Paving Contrac.tors~, .under t'he terms and P~rovisions of the contract heretofor_e entered.into, by and between the City of Plainview and the said Bryan.~&-Hoffman, Paving Con- tractors, ~t. er. public advertisement for sealed and compe, titive contract bids, based upon the plans and specifications for the improvement here- in specif Led. 1. In connection,~ith, tha. abo~e, contrac.~, it is.or.tiered that any ordinance,.~rule or regulation requiring .or pro.riding _ for~ competitive bids or advertisement, for bids,~ other than that hereto~ore., accomplished, shallbe, and-the same are each hereby waived, dispensed with, and sus- P. ende~for the purpose of the specifLe&.impnovement herein ordered. That ~$e pmoportianate part. of the specified imp~rowem~n~t~.of, the specific Units ~]~erein designated, which, is cha~geahle to the City of Plainview as he~;~n provided, shall be paid out of the funds of the City presently on ha~d( a~ heretofore ..allocated ~or ~ street imp.ro~ement. l:~J'~ in~ connection with the. abo~e, payment,, the City of. Plainview shall :~not in .any manne~.~be liable for the pa~en,t of. any s~ assessed agains~ ~y pmop~erty and the owners thereof for/the specified i~rove- :'-~ent '~-k~rein ordered, and the said aforesaid Bry~ & Hoffman, Paving Con- tractors, shall loo$ solely to said property and the o~ers thereof for ~a~en2:. of the s~s~assessed a~ainst such respective parcels of property, u% thg.City of Plainview shalI exercise all of its la~Tul powers to aid JEt,the enforeement and collectzon ~of~ sazd asses~ts. That the fact that the specifiedl improvement of the .specific Units as. ~herein designated are in such urgent need of such improvement while the ~Co~i ion o~ the weather will permit such improvement, creates an emerg- ~ency and 'imperative public, nac. essity for the imm~dia,~e preservation of the public peace, proPerty, health and safety.., r~equiring .that any rules that an ordinance be. read _a~ more than one .meeting of. the City Codncil of ptain~iew, and all. rules prohibiting the passage of an ordinance on .the day introduuced and the taking effedt of the same on the date of introduction and Dassage, be-, .and the same are herebF dispensed with the suspended, and this ordinance sh~ll take effect and be in force ~from an~~ afte~ ~i~S pa~ssage. PASSED AND APPROVED this 15th day of Aprit, 19~6. J. No Jordan Attest: Mayor J. L. Ga$iaway City Secretary MOtion. by Alderman James-, seconded by. Alderman Malone, that the following ordinace be passes and adopted. The motion was carried and the ordinance follows: ORDINANCE NO. 516 AN ORDINANCE.ASSERTING THE CORRECTNESS OF PRED~,~LE, R~.TIFYING, APPROVING AND ADOPTING ESTI~L~TES, ROLLS AND ~TATE~[ENTS OF THE CITY ENGI~ER 0F THE CITY OF PLAI~-IEW, TEXAS, ORDERING HEARING TO BE GIVEN. TO THE 0W~RS OF ABUTTING PROPERTY PRIOR TO ASSESS~ENT FOR II~ROVE~Eh~T~ OF SUCH ABUTTING PROPERTY, PR~SCRIBING PROCEDURE FOR SUCH HEARING, NAMING 'DATE, TIngE A~ND BL~CE OF SUCH HEARING., ORDERING CITY SECRETARY TO GIV~ NOTICE OF T~ TII~/~, PLACE AND PLKqPOSE OF SUCH ~ARING, PRESCRIBING SUBSTANCE OF FOR~ OF SUCH NOTICE AND DECLARING AN E2~RGENCY. WHEREAS, the City of Plain~ieE., Texas, by Ordinance No. 515, has h~retofore determi~ed..tha.t public nece.ssity existaand.requires. that the following portions of the designated streets in the City of Plainview,-texas shall be improved, as therein-proveided, to- wit: 1. Eighth Street from West line of '~exington Street to West line of Milwatukee~ S~r.e.e ,..designated. aa Onit~No~ l. 2. Eighth Street from west line of ~lilwaukee Street to West line of Nassau Stre~et, designate'd~ as~ Unit Ne. 2 3. Milwaukee Street from North line of Sevenbh Street to South ,. line of Eighth St.re.e.t, designat.ed, as~nit No. 3 ~. Milwaukee Street from North line of Eighth street to South line of Ninth Street, designated aa~Unit....No., ~ 5. Nassau Street from North line of Seventh Street to South line of Eighth Street,. designa~ed~.as. Unit No. 5 6. Nassau Street from North line of Eighth Street to South line of Ninth..Street, d.esigna~ed.~ as UnLt no,. 6 AND ~V~EREAS, the City of~ Plainviev4 Texas ,~ by Ordinance 1~o. 5i~, has ~eretofore dete.~min~.~.that~ said~.portionS~f- such d.esignate~.~.streets shall be improved ,by raisings, grading a~nd~.~illing~..same,.and by install~ lng concrete curbs ~and. gutters, and , where necessary, storm sewers and drains, and by paving with the foliowing type of material on spe c if ie d..f~ o~da tio~ '. . 1. PRE~ERRED: Triple Asphalt SUrfac~e on, ozx,Inch..Cal~che ~as, . ALTERNATE: Double: ~sphaltm. Sumfac.e on Six~Inc.h_ .Caliche Basa. 3. ALTE~NA~E. 0ne-Inch Oklahoma Rock Asphalt on Six-Inch Caliche Base. AND WPIEREAS, the City of Plainview, T~xas, by Ordinance No. ~l~m,.has heretofore provided that nO assessment., for~ the. specified, improvement. of the specific Units as herein designated shall be made against any Railway or its owners, nor against any abutting property or its owners,