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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.
When said hearing has been concluded, the City Council shall by ordinance, which shall take effect from its passage, without publication or other prerequisites, assess against the several owners of property, and their property abutting on the highway or section thereof, ordered to be improved, such part of the cost of improvement as said council may have adjudged against them. Said ordinance shall fix a lien upon said property and declare the respective owners thereof to be personally liable for the amounts assessed against them, and shall state the time and terms of payment of such amounts. The said ordinance shall prescribe the rate of interest upon deferred payments, not exceeding the maximum set by law, and shall provide that failure to pay any installment when due shall mature all of said deferred payments. But any owner shall have the right to discharge any installment before maturity by the payment of same with accrued interest to date of payment. The lien and charge of personal liability above referred to shall secure and include all costs of collection, including a reasonable attorney’s fee, when incurred. Upon payment in full of any assessment against any such property, the city shall, acting by its mayor, execute a release which shall discharge the lien thereof.
More than one parcel or lot of land, the property of one owner, or owned jointly by two (2) or more owners, may be assessed together without invalidating said assessment or the lien thereof, or any claim of personal liability. The cost of such improvement assessed against any property, or its owner, together with interest as set by the City Council and costs of collection, including reasonable attorney’s fees, when incurred, shall constitute a personal claim against such property owner and be secured by lien on such property superior to all other liens, claims or titles, except lawful taxes, and such liability and lien may be enforced in any court having jurisdiction, or by sale of such property by the officer, and in any manner, as far as applicable, sales are authorized to be made for nonpayment of city taxes, but it shall not be necessary to sell at the same time as for delinquent taxes. The recital in any deed made in pursuance to such sales that all legal prerequisites to the validity thereof have been complied with, shall be prima facie evidence thereof, and without further proof shall be presumed to be true.
The City Council may by resolution make such rules and regulations as may be deemed proper to enforce collection of such assessments. Any error or omission in any proceeding herein provided for shall be corrected by the council, and shall not invalidate the said proceedings. The passage of such ordinance making said assessment shall be notice to all persons of the lien created thereby.
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