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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~) '~ · ~o~L 'X~unoD oI~I-I ~[.toIO ~unoD ~p eql 's,zxo& '~a!xu~.vkI u[ og!j1o 1~ 'Xlunoo p.t~s }o &Hfit0O fi&Kft0O ~H& ~I0 ~IV~S GhIV qhIVH XI~I SS~Iq&IAk ~o ~p "~o ~p LI s.~ql pap.toaa.t llnp ~sn~nv ~o ~p' q~PI