Loading...
Subject to the terms hereof, the cost of such improvement may be paid wholly by the city or partly by the city and partly by owners of property abutting on such improvements and benefited thereby. But the whole cost of constructing any sidewalk or curb may be required to be paid by the owners of such abutting property, and the owner of any railroad or street railroad having any track or tracks, switch or turn-out in a highway ordered to be improved may be required to pay the whole cost of such improvement between the rails and tracks of said railroad or switch or turn-out, and two (2) feet on the outside thereof. The portion of the cost of such improvement payable by the owner of such railroad or street railroad, and all costs of collection, may be a special tax against and secured by lien upon the roadbed, ties, rails, fixtures, rights, and franchises of such railroad or street railroad and the owner thereof. After the execution of a contract by the city for any such improvement, the City Council may, by ordinance, levy a special assessment upon the roadbed, ties, rails, fixtures, rights and franchises of such railroads or street railroads for the portions of said cost payable by the owners thereof, which assessment shall be a lien on such property from the time of levy, prior and superior to all encumbrances thereon, except lawful taxes. Such assessment shall become due and delinquent as shall be specified by said ordinance, and if not paid as therein provided, shall be enforced as in the case of the collection of taxes under this Charter, by the advertisement and sale of the property rights and franchises levied on. The officer making said sale shall execute to the purchaser a deed similar to the one executed when property is sold for ad valorem taxes, and the recital of such deed that all legal prerequisites to the validity of said sale have been complied which shall be prima facie evidence of the truth thereof, and so accepted without further proof. Such tax and lien may also be enforced by suit in any court having jurisdiction.
(Ord. 25328-02-2022, § 2, 2-8-2022, approved 5-7-2022)
The City Council shall have the power by resolution to order the making of such public improvements, or any of them, by majority vote, without notice, and the passage of such resolution shall be conclusive of the public necessity and benefits thereof. The resolution shall generally set out the nature and extent of the improvements to be made, the section or sections of the highway or highways to be improved, and the material or materials to be used, and the method or methods of paying the cost. The resolution may specify different or alternative materials and different or alternative methods for the construction of the improvement, and the payment of its cost; upon passage of such resolution, the director of public works shall forthwith prepare specifications, subject to approval of the City Council, for the improvement, embracing the different or alternative materials or methods which may be prescribed by said resolution, for the construction of said improvement or payment of its cost; and the character of bond or bonds, if any required of the successful bidder. Such specifications shall be submitted to the City Council, and after being corrected, in event correction is necessary, and the same is satisfactory to the council, same shall be approved by the City Council. The City Council shall have power to require of the contractor to whom the work may be let, a bond or bonds for the faithful performance of the contract, and for the repair, or reconstruction, in whole or in part, of the improvement within three (3) years after its completion, if necessitated within that time by any defective material, plans, methods, or processes, employed in the construction of such improvement, and containing such other provisions as the City Council may require. Such bond or bonds shall be executed by the contractor with a good and solvent corporate surety thereon, authorized to do business in Texas, and acceptable to the City Council, or with two (2) good, solvent and acceptable personal sureties, if the council shall so elect.
When the specifications have been adopted by the City Council, the city secretary, or other officer designated by the council, shall advertise for sealed bids for the construction of said improvements in accordance with the specifications. Said advertisement shall be published one (1) or more times in a newspaper of general circulation in the city, and shall state the times prescribed by the council for receiving bids, which shall be not less than ten (10) days from the first publication of said advertisement. Bids shall be filed and opened by the City Manager or his or her designee. Said council may accept such bid or bids, as it may deem most beneficial to the city and the owner of the property abutting the proposed improvement, or may reject any and all bids, and may accept different bids for parts of the improvement and accept such bid or bids on different plans or methods, or for different materials, as it may deem best. No bid shall be amended, revised or changed after being filed.
(Ord. 16797, § 1(XI), 1-24-2006, approved 5-13-2006)
The bids having been accepted by the City Council, the city shall enter into contract with the contractor, to whom the work is let, for its performance. Such contract shall be signed by the city manager or his or her designee and attested by the corporate seal affixed by the city secretary, or other officer designated by the council, and shall be approved as to form by the City Council.
(Ord. 16797, § 1(XII), 1-24-2006, approved 5-13-2006)
Exclusive of the cost of such improvement to be paid by railroads and street railroads, as herein provided, the city, acting by the City Council, shall have the power to assess the whole cost of constructing and reconstructing sidewalks and curbs and other improvements against the owners of property abutting on the highway or highways, or sections thereof, to be improved, who are especially benefited thereby. But no part of such cost shall be assessed against any owner of his property in excess of the special benefits thereto in enhanced value thereof arising from the improvement, nor until after the notice and hearing hereinafter provided for. The proportion of the cost assessed against any property, or its owner, shall be in such proportion as the frontage of property of each owner is to the whole frontage of property to be improved, and shall be in accordance with the front foot rule or plan, unless, in the opinion of the City Council, such rule would operate unjustly in particular cases, in which event the City Council shall adopt such rule of apportionment as will effect substantial equality and justice between property owners, having in view benefits received and burdens imposed on such owner. The cost of paving street intersections and public alleys shall be borne by the city.
When the payment of any part of the cost of improvement assessed against any property owners is deferred, the City Council shall have power to provide that such payments shall bear interest at not to exceed eight (8) per cent per annum, and shall have power to include in any assessment against such owners, or their property, cost of collection and a reasonable attorney’s fees, when such costs and fees are incurred.
When the contract or contracts for improvements have been executed and approved, if any part of the cost is to be assessed against property, or its owner or owners, the director of public works shall at once prepare a statement containing the names of persons, firms or corporations or estates owning property abutting on the highway, or section thereof, to be improved and the number of front feet owned by each, with such description by lot or block number, or otherwise, sufficient to identify the same, and also containing an estimate of the total cost of the proposed improvement, the cost per front foot of abutting property. Said statement shall be examined by the City Council and any errors therein corrected, but no error or omission shall invalidate any assessment made thereunder. When said statement has been approved by the council, it shall then determine and declare the necessity of assessing any part of the cost of proposed improvements against such owners and their property by resolution directing notice to be given to such owners and fixing the time and place of a hearing to be given them. Such notice shall be signed by the city secretary, or other officer designated by the council, and shall state the time and place of hearing, the general nature of improvement proposed, the highway or section thereof to be improved and the total amount and amount per foot proposed to be assessed against owner and his property.
Such notice shall be served by publishing same for three times, the first being at least twenty-one days before the date of hearing, in the city’s official newspaper and by mailing a copy thereof by letter deposited in the post office of said city directed to the address of each owner, if known, but if not known, then to the address of his agent or attorney, if known. Said letters shall be posted at least fourteen (14) days before the day of said hearing. Said notice and letter shall contain all the information required by law. On the day fixed for said hearing or any time thereafter, before any assessment is made, any person, firm, corporation or estate owning or having any interest in any property proposed to be assessed for any part of the cost of such improvement or against whom any personal charge is proposed, shall have the right to appear before the City Council in person, or by attorney or agent, and shall be entitled to a hearing as to all matters affecting said assessment or personal liability, or the benefits of said improvement, if any, to property proposed to be assessed and any objection to such assessment, or to the making of such improvement or any invalidity or irregularity in the proceedings with reference thereto, or any other objection. All objections shall be filed in writing, and thereafter the opportunity shall be given to persons filing objections to subpoena witnesses and produce testimony. Said hearing may be adjourned from time to time until completed without further notice. The City Council shall have power to inquire into and determine all facts necessary to the adjudication of objections and the ascertainment of special benefits to such owners by means of such improvements and shall render such judgment in each case as shall be just and proper. Objections to the regularity of any proceedings, or the validity of any assessment or charge of personal liability against any person or property, shall be waived unless presented at the time and in the manner herein specified.
Loading...