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Home My WebLink About79-2366 ordORDINANCE NO. 79-2366 AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE CITY ENGINEER, SHOWING THE ESTI]~TES OF THE TOTAL COSTS OF ALL TS[E IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PRO- POSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROVING OF PORTIONS OF SUNDRY STREETS IN THE CITY OF PLAINVIEW, TEXAS, WITHIN THE LIMITS HEREINBELOW DESCRIBED, AND OF OTHER MATTERS RELATING THEiRETO; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND T~[E RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY THE ABUTTING PROPERTY, AND THE P~AL AND TRUE OWNERS THEREOF; AND DETER- MININH 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; AND DETER~INING THAT SAID AMOUNT SHALL BE PAID BY SAID RAILWAY USING, OCCUPYING OR CROSSING SAID PORTION OF A SPECIFIC UNIT TO BE IMPROVED; DETER~INING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PORTION OF SAID COSTS APPORTIONED TO THEM; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST RAILWAYS USING ANY PORTION OF SAID STREETS TO BE IMPROVED THE ENTIRE COST OF SUCH IMPROVEMENT IN THE AREA BETWEEN THEIR P~ILS AND TRACKS, DOUBLE TRACKS, TURNOUTS AND SWITCHES AND TWO FEET ON EACH SIDE THEREOF; ORDERING AND SETTING A HEARING AT 10:00 O'CLOCK A..M. ON THE 12 TH DAY OF NOVEMBER , 19 79 ~, IN T-~OUNCIL CHAMBER OF THE CITY HALL OF PLAINVIEW, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN ANY OF THE PROCEEDINGS ~D CONTRACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS; DIRECTING THE CITY CLERK OF THE CITY OF PLAINVIEW, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF PLAINVIEW; DECL~%RING AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE. BE IT OiRDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The City Council of the City of Plainview, Texas, hereb~ finds an~ determines: (a) That the City Council of the City of Plainview, Texas, has heretofore by Ordinance No. . 79-2346 duly enacted on August 14~ 1979 · and by Ordinance No. ~2358 duly enacted on September 13, 1979 , determined the necessity for and ordered the improvements of portions of East Second Street and Sundry other streets, in the City of P-~~~e~as, within the limits hereinafter defined, and in the manner and according to the Plans and Specifications therefor, which said Plans an~ Specifications have heretofore been approved and adopted by said City Council. Said streets and the~portions thereof to be improved, designated by unit numbers are as follows: 31!' WIDTH STREETS Unit No. 79-1- I -- East 2nd Street from East Property Line of Date Street to 560' East of East Property Line of Date Street Unit No. 79-]L- 2 -- Grove Street from North Property Line of East 4th Street to 221' South of South Property Line of East 4th Street Unit No~ 79-1- 3 -- East 8th Street from West Property Line of Elm Street to 359.5' East of East Property Line of Elm Street Unit'NO, 79-1- 4 -- East lOth Street from West Property Line of Elm Street to Ft, Worth and Denver Railway Unit No, 79-1- 5 -- East 13th Street fr~ West Property Line of Date Street to EaSt Property Line of Elm Street Unit No, 79-1- 6 -- San Felipe Avenue from South Property Line of Escuela Street to North Property Line of East 14th Street ~ Unit No. 79-1- 7 -- Ivy Street from North Property Line of East 6th Street to 100' South of Center Line of East 9th Street Unit No. 79-1- 8 -- Denver Street from South Property Line of 12th Street to North Property Line of 13th Street Unit No. 79-1- 9 -- West 22nd Street from West Property Line of Kokomo Street to East Property Line of Galveston Street Unit No. 79-I-10 -- West 22nd Street from East Property Line of Kokomo Street to 170' West of West Property Line of Kokomo Street Unit No. 79-1-11 -- West 20th Street from East Property Line of Kokomo Street to 170' West of West Property Line of Kokomo Street Unit No. 79-1-12 -- West 19th Street from East Property Line of Kokomo Street to 290~ West of West Property Line of Kokomo Street 36' WIDTH STREETS Unit No. 79-2- I -- Milwee Street from North Property Line of East 5th Street to South Property Line of East 3rd Street Unit No. 79-2- 2 -- East 4th Street from West Property Line of Grove Street to West Preperty Line of Milwee Street Un)it No. 79-2- 3 -- Park Way Drive from North Property Line of West 7th Street to 180' South of South Property Line of West 7th Street 45' WIDTH STREETS Unit No. 79-3- i -- East 6th Street from West Right-of-Way Line of Panhandle and Santa Fe Railway (Also AT&SF RR) to East Property Line of Milwee Street 31' WIDTH STREETS ~RECONSTRUCTION) Unit No. 7'9-4- I -- East 7th Street from 50' East of Ivy Street to 180' West of Ivy Street (b) That notices duly executed in the name of the City of Plainview, Texas, of the enactment of said above described ordinances, haw~ heretofore been filed with the County Clerk of Hale County, Texas, the county in which the City of Plainview is situated, and such notices have been duly recorded in the Deed of Trust Records of Hale County, Texas. (c) That said City Council after having duly advertised for bids in the manner as required by law and the Charter of the City of Plainview, did award contract for the construction of said improvements to __H~h Plains Pavers,.Inc. , upon its lowest and best responsible bid therefor, and said contract which'is dated September 25 19 79 has been executed by the said · , h Plains P~vers, Inc. and by said City, the execution ch contract by the citY being authorized by Resolution here- tofore passed by said City Council; and the performance bond re- quired by law and said contract has been properly furnished by said High Plains ~a~vers, Inc. and approved and accepted by said City CounCil, ali~-~s required by law and the Charter of the City of Plainview. (d) That the City Council of the City of Plainview has caused the City Engineer to prepare and file estimates of the costs of such improvements and estimates of the amount per front foot to be assessed against the ]property abutting said streets; and the City Engineer has heretofore filed said estimates and a statement of other matters relating thereto with said City Council, and the same have been re-' ceive~, examined, and approved by said City Council; and that in accordance with said statement of the estimates so filed by the City Engineer and herein approved, the amounts of said estimated costs are hereinafter stated and set out in the schedule contained in Section 2 hereof. SECTION 2: The written statement and report of the City Engineer heretofore filed with the City Council, showing the esti- mated total costs of all the improvements on each of said streets or units, within the limits above defined, showing the amounts per front~foot proposed to be assessed against the abutting property and against the real and true owners thereof for said improvements, showing the total estimated cost of said improvements on each of said streets or units proposed to be assessed against and paid-to the City of Plainview by the abutting ]property and the real and true owners thereof to reimburse the City for a portion of the cost of such improvements and showing the amount of said improvements to be paid by railways and railroad companies using, occupying or crossing a portion of a specified unit to be improved for the improvement in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof, and showin~f the total estimated cost of said improvements on each of said streets or units and other matters relative thereto, having been received and examined by the City Council said report and the esti- mates therein shown are hereby in all things approved and adopted: and it is hereby found and determined by t~he said City Council that the estimated amounts of the several respective items of costs of said improvements as above described on each of said streets or units are as follows, to-wit: -I 0 --I Ill X z --I z C; -.I Ill J~ -'aa '4 i'"rl ~) IX. Cl. ~ :3- '1 0 C~. 00! = = 0 ~ 0 · ~ ~ ~ ~ o z ~ o ~ e= ~. o z -.4 Ill Z 0 ~1 Z C Z £ ~-~ £ o~ ..q 0 )1 £ 0 --I ..r I11 I11 Z 0 I I 0 :m .~ III i ~ 0 Ill m ..4 · -g -4 -r -I m -4 -.4 m 1 0 ,,4 m m o cc) v ~ (CC m -t Z · · · 0 · 1 0 · il Z 3m,, o ~'~ {23 n'~ .--I .-.I Z 0 I -I I r- · 4 ~ 0 I II I III I I"' r' -4 ,.4 · ), Z · -,I z Z Ill rtl 0 ~ 0 0 -I -,r rn u) cz m -4 Z · 0 -4 "'l Z i° £ C) rn z m ill · m m :lC ITl ITl m z 0 1 0 ~ ~ E -I 0 0 ~ .¢ !'111 -I Z 0 m Cl -! SECTION 3: 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 shall reimburse itself by assessment against the respective abutting properties and the real and true owners thereof, and as against railways using, occupying or crossing any portion of a specific unit herein designated to be improved, all in accordance with applicable provision of the Statutes of the State of Texas herein referred to. No assessments shall be made against any abutting property or the real and true owners thereof for costs in excess of the benefits to such property in enhanced value thereof by means of such improvements. The amounts of such assessments shall constitute a first and prior lien upon all such properties and a personal liability of the real and true owners thereof, whether correctly named or not, and shall be payable as hereinafter provided in this ordinance. SECTION 4: That allocation of payment for the specified improvements of the said streets as herein designated shall be as follows: ' (a) 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 ~mprovements in the area between their rails and tracks, double tracks, turnouts and switches, and two feet on each side thereof. (b) The abutting property and the owners thereof of a specific unit as herein designated to be improved, shall be assessed for and shall ]pay for the cost of the curb and gutter. (1) In connection with the above assessment, should it appear at the hearing to be held before the final assessment is made, that the special benefits to such property, by way of en- hancement of value thereof by virtue of such improvement, wilt 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 specified improvements as herein designated, which may be assessed against abutting property and owners thereof, shall be apportioned among the parcels of abutting property and owners thereof in accordance with the Front Foot Plan or Rule. (a) In connection with the above apportionment, should it appear that 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 produce a substantial equality of benefits received and burdens imposed. (b) 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 improve- ments in each street unit shall be separate and distinct from each other; and in making and levying the assessments against property for the improvements in each street unit as herein designated and defined, no matter or circumstance in connection with any other such unit shall be considered in connection with the other. Such proceedings as to each of such units shall be separate and independent, all as fully and to the same extent as if separate contracts were executed and separate proceedings had with reference to each such unit. SECTION 6: A hearing shall be held and given to the real and true ~ners of, an~ all owning or clai~n~ any interest in any pro- perty abutting upon said streets or units within the limits above defined, and a~ others owning, claiming or interested in said property or any of said matters, as to the assessment and as to the amount to be assessed against each parcel of abutting property, and the real and true owners thereof, and as to the special benefits, if any, to said property to be received[ from said improvements, and to railways using, occupying or crossing any portion of a specific unit as herein designated to be improved, and SECTION 7: Following such hearing as above provided, assessments will be levied against said abutting property, and the real and true owners thereof for that ]portion of the costs of said improvements hereinabove determined to be payable by said abutting property and the real and true owners thereof, which assessments shall be a first and prior lien upon said abutting property and a personal liability and charge against the real and true owners thereof. In levying said assessments, if the name of the true owner is unknown, it shall be sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall be unnecessary to give the correct name of any such owner and no error or mistake in attempting to name such owner or in describing any of said property shall invalidate any assessment or certificate issued in evidence thereof; but nevertheless, the real and true owners of said abutting property shall be liable, and t~e assessment against said abutting property shall be valid whether or not such owner be named, or correctly named, or said property correctly der scribed therein. Assessments shall be levied against railways Or railroad companies using, occupying or crossing any portion of a specific unit as herein designated to be improved for the entire cost of such improvements in the area between their rails and tracks, double tracks, turn~uts and switches and two feet on each side thereof. SECTION 8: Each portion of said streets hereinabove described and de-~~-by Unit numbers constitutes a separate and independent Unit of the i~provement and shall be improved and the improvements constructed therein as separate and independent from each and every other Unit of said streets, and the assessments to be levied for said improvement in each Unit or portion of said streets shall be altogether separate an~ distinct and independent of and from the assessments to be levied in every other of said Units and portions of said streets, and, in making and levying said assessments against the property abutting upon one of said Units, no matter or circumstance in connec- tion with any o~her of said Units shall be considered or have any effect upon the other, all as fully and to the same extent as if separate proceedings· and contracts had been had and executed with reference to the ~mprovements to be made in each of said Units. ~ SECTION 9: The City Counci) of the City of Plainview may make such corrections of mistakes, changes, and assessments as it may have the power to do by reason of the Statutes of the State of Texas and the Charter of the City. · SECTION 10: The fact that the streets and portions thereof to be improved as heretofore and hereinabove provided for are in such condition and improvements are necessary and should be made without delay creates an emergency and imperative public necessity for the inm, ediate preservation of the public peace, health, safety and general welfare, requiring that any rule necessitating more than ()ne reading thereof, 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 9th day of October , A. D. 19 79 by unanimous vote of the City Council of the City of Plainview.-- APPROVED this the 9th day of _ October A.D. 19....79 _~.- ' ATTEST,: Walter S'~ Dodson City Clerk