HomeMy WebLinkAbout79-2346 ordORDINANCE NO. 79-2346
AN ORDINANCE DECLARING PUBLIC NECESSITY FOR THE IMPROVEMENT OF CERTAIN DESIGNATED
PORTIONS OF CERTAIN DESIGNATED STREETS IN THE CITY OF PLAINVIEW, TEXAS, SPECIFYING
THE NATURE AND TYPE OF SUCH IMPROVEMENT, ESTABLISHING THE 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 AND 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW:
SECTION 1: That a necessity exists for the permanent improvement of those
certain portio~of public streets hereinafter listed, by excavating, grading and
paving the same, and by the construction of curbs and gutters where~adequate curbs
and gutters are not now in place, and such improvements are hereby ordered. The
portions of public streets to be so improved being designated and defined by street
units as follows:
Unit No. Width Street to be Improved
79-1-1
79-1-2
79-1-3
79-1-4
79-1-5
79-1-6
79-1-7
79-1-8
79-1-9
79-2-1
79-2-2
79-2-3
79-3-1
31'
3].
31.
31.
31
31
31
31
31 'i
36'
36'
36'
45'
East 2nd Street
Grove Street
East 8th Street
East lOth Street
East 13th Street
San Felipe Avenue
Ivy Street
Denver Street
Nest 22nd Street
Milwee Street
East 4th Street
Park Way Drive
East 6th Street
From
To
Date Street
East 4th Street
Elm Street
Elm Street
Date Street
Escuela Street
East 6th Street
12th Street
Kokomo Street
East 5th Street
Grove Street
7th Street
N. ROW. AT&SF RR.
560''East of Date Street
221' South of East 4th Street
359.5' East of Elm Street
Ft. Worth & Denver Railway
Elm Street
East 14th street
lO0'South of East 9th Street
13th Street
Galveston Street
East 3rd Street
Milwee Street
180' South of 7th Street
Milwee Street
SECTION 2: That said portions of such designated streets should be
improved b---~-~ing, 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 designated in the
plans and specifications of the City Engineer approved by the~City C~unCil'
SECTION 3: The City Council of the City of Plainview deems it advisable
and hereb~t~ines 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, i925 as
amended (Article 1105-b, Vernon's Civil Statutes of Texas), the terms and pro-
visions of which are hereby adopted by the City of Plainview.
SECTION 4: 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 Ciity of Plainview. ~ ~ .
(b) the City of Plainview shall reimburse itself for a portion of"the
costs which are to be paid by and assessed a§lainst abutting property owners
and railways as follows:
(1) Railways using, occupying, or crossing any portion of a'specific
unit as herein designated to be improved, shall be assessed for~and shall pay
for the 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 of a specific unit
as her,ein designated to be improved, shall be assessed for and shall pay for
the cost of the curb and gutter. ~
(a) In connection with the above assessment, should~itit 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 'virtue of
such improvement, will not aggregate such of the cost specified'abo~e, then
there shall be assessed against the abutting property and sha]) 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 ~gnated, which may be assessed against abutting Property and owners
thereof, shall be apportioned among the parcels of abutting property~nd owners
thereof in accordance with the Front Foot Plan or Rule.
In connection with the above apportionment, should it appear thQt 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 adjustment of such apportionment, so as to produ~ a sub-
stantial equality of benefits received and burdens imposed.
SECTION 2: That said portions of such designated streets should be
improved-~ 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 designated in the
plans and specifications of the City Engineer approved by the City Council.
SECTION 3: The City Council of the City of Plainview deems it advisable
and her~y det6~mines to pr.oceed 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 terms and pro-
visions of which are hereby adopted by the City of Plainview.
SECTIDN 4: 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 shal~ reimburse itself for a portion of the
costs which are to be pa~d by and assessed against abutting property owners
and railways as follows:
(1) Railways using, occupying, or crossing any portion o~ a specific
unit as herein designated to be improved, shall be assessed for and shall pay
for the entire cos~ of such improvements in tl~e area between their rails and
tracts, double tracks, turnouts and switches, and two feet on each side thereof.
(2) The abutti-ng property and the owners thereof of a specific unit
theas herein cost of designated the curb and to be gutter, improved, shall be assessed for and shall pay for
(a) In connection with the above assessment, should~iit appear
at the hearin§ to be held before the final assessment is made that t~ special
benefits to such property, by way of enhancement of value thereof by virtue of
such improvement, will not aggregate such of the cost specified 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 s~ecified improvements as
herein 'd---e-~Tgnated, which may be assessed against abutting property and owners
thereof, shall be apportioned among the parcels of abutting property~nd owners
thereof in accordance with the Front Foot Plan or Rule.
In connection with the above apportionment, should it appear th~ the
application of the above plan or rule would, in the opinion of the C~ty Council
of Plainview, i'n particular cases result in injustice or inequalitY,'t~e~said
Council shall apportion and assess the said costs in such proportion a~ 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,~he equities of
such owners and the adjustment of such apportionment, so as to prodU~ a sub-
stantial equality of benefits 'received and burdens imposed. ~'~ '
(2) The above certificates shall be prima facie evidence of
all the matters recited in said certificates, and no further proof thereof
shall be required, and in any suit upon any assessment or re-assessment, in
evidence of which a certificate shall have been issued hereunder, it shall be
sufficient to allege the substance of the recitals in such certificate and
that such recitals are i~ fact. true, and no further allegation with reference
to proceedings relating o SUCh assessment or re-assessment shall be necessary.
(b) Such assessments shall be collectible with interest, expense of
collection and reasonable attorney's fees, if incurred, and shall be a first
and prior lien on the property assessed, superior to all other liens and Claims
except State, County, School District and City Ad Valorem Taxes, and shall be a
personal liability and charge against said owners of the property assessed.
SECTION 8: The City Clerk is hereby directed to cause to be prepared a
notice of th~--~-actment of this ordinance and file said notice with the County
Clerk of Hale County, Texas, among the mortgage, deed of trust records and
mechanic's lien records of said County.
SECTION 9: The construction and installation of the improvements
herein ordered in each street unit or portion of street 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 such street unit
shall De separate and 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~cations for the specified improvements as herein deSignated.
(a) The City Engineer is further directed to publicly advertise
for sealed competitive bids, based on such plans and specificati'ons~'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 ano 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 14th day of August A.D. 19 79
unanimous vote of the C~ty Council. , , by
APPROVED this the 14___th day of August A.D., 19 79
City of~ew
ATTEST:
~ S. DODSON, CITY CLERK
City of Plainview
STATE OF TEXAS
COUNTY OF HALE
KNOWN ALL MEN BY THESE PRESENTS:
That the duly elected and constituted City Council of the City of
Plainview, Texas, adopted an ordinance on August 14~ 1979, declaring a
necessity for and ordering the permanent ~mprovement of those certain
streets or portions of streets in the C~ty of Plainview, Texas, herein-
after listed, by excavating, grading and paving the. same and by the
installation of drainage facilities therein and by the construction of
curbs and gutters where adequate curbs and gutters are not now in place,
the portions of such public streets to be so improved to be designated
and defined by street units as follows:
Unit No. Width Street to be Improved From
To
79-1-1
79-1-2
79-1-3
79-1-4
79-1-5
79-1-6
79-1-7
79-1-8
79-1-9
79-2-1
79-2.2
79-2-3
79-3-1
31
31
31
31
31
31
31'
31'
31 ':
East 2nd Street
Grove Street
East 8th Street
East loth Street
East 13th Street
San Felipe Avenue
Ivy Street
Denver Street
West 22nd Street
36! Milwee Street
36' East 4th Street
36' Park Way Drive
45' East 6th Street
Date Street
East 4th Street
Elm Street
Elm Street
Date Street
Escuela Street
East 6th Street
12th Street
Kokomo Street
East 5th Street
Grove Street
7th Street
W. ROW. AT&SF RR.
560' East of Date Street
221' South of. East 4th Street
359.5' East of Elm Street
Ft. Worth & Denver Railway
Elm Street
East 14th Street
lO0'South of East 9th Street
13th Street
Galveston Street
East 3rd Street
Milwee Street
180' South of 7th Street
Milwee'Street
651
Said ordinanCe further provides that a portion of the cost Of said
improvements is to be specially assessed as a lien upon property abutting
the streets improve~and as a personal liability against the owners of
such abutting prop~e~ty.
the City of Plainview, Texas, acting by and through its
] has caused this notice to be signed by the City Clerk in the
e City of Plainview and to have,he official se~l of th~City
hereto affixed this the~:h day of '(]~C~~
CITY OF PLAINVIEW, TEXAS
WALT R S. DODSON, CITY CLERK
STATE OF TEXAS
COiUNTY OF HALE
BEFORE ME, the undersigned authority, on this day personally appeared
WALTER S. DODSON, City Clerk of the City of Plainview, Texas., known to me to
be the person whose name is subscribed to the foregoing instrument and acknow-
ledged to me that he executed the same as the act and deed of the. City of
Plainview and for the purposes and consideration therein e×pre~d and in the
~,capa~ity .therein stated. ~'
UNDER MY HAND and seal of office, the da : [ ,
Notary Public in and for Ha'l~'~COunty,?~. ~ Texas
(This instrument is recorded in the Deed of Trust RecOrds in
the office of the County Clerk under Article 1220~) '~
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