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Home My WebLink AboutORD 1988-005 . - � F f �- �J {'��a.�,t.1�-L � U C \ � fY ORDINANCE NO. 88-05 V" AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE PAVING AND IMPROVEMENTS OF PORTIONS OF A CERTAIN STREET IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS TO WIT: WILLIAM D. TATE AVENUE BETWEEN S.H. 114 AND DALLAS ROAD; DIRECTING THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF GRAPEVINE, TEXAS TO FILE . THE TOTAL ACTUAL COST OF SUCH WORK AND IMPROVEMENTS; � MAKING PROVISIONS FOR THE LEVYING OF ASSESS- MENTS AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; PROVIDING FOR SUNDRY OTHER MATTERS INCIDENT THERETO; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Director of Public Works of the City of Grapevine, Texas, has prepared plans and specifications for the improvements of the hereinafter described portions of William D. Tate Avenue and heretofore submitted such plans and specifi- cations to the City Council of the City of Grapevine, Texas, at its regular meetir�g held on the 19th day of January, 1988, and the same having been examined and reviewed by the City Council of the City of Grapevine, Texas, and found to be in all matters and things proper. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE �' CITY OF GRAPEVINE, TEXAS: � Section 1 . The plans and specifications for all of the improvements described in Section 2 hereof prepared by the Director of Public Works of the City of Grapevine, Texas, and presented to the City Council at its regular meeting held on 19th day of January, 1988, and now on file with the Director of Public Works, were approved and adopted at said regular meeting and are hereby ratified and confirmed. Section 2 . That the City Council did find, and here ratifies and confirms said findings, that a public necessity exists for the permanent improvements of the following described portion of William D. Tate Avenue in the City of Grapevine, Texas, said portion of said public street being designated and defined to wit: William D. Tate Avenue from S .H. 114 to one hundred sixty-eight feet (168 ' ) south of Dallas Road The above described portion of said street will be improved by raising, grading, and filling the same and by constructing thereon asphalt or concrete pavement, and curbs and gutters in accordance with the improvements described for said portion of William D. Tate Avenue, together with necessary incidentals and appurtenances, as shown on the plans and specifications therefore w� on file with the Director of Public Works . Section 3 . The cost of the improvements shall be paid for as follows, to wit: A. The abutting property and the owners thereof shall be assessed and pay for all of the cost of curbs and gutters, and a maximum of ninety percent (90�) of all of the remaining costs of such improvements, exclusive of curbs and gutters. � � � � � i � 83 The cost of such improvements shall be assessed against said owners and their property respectively, in accordance with what is known as the "Front-Foot Plan" , in proportion as the frontage of the property of each owner is to the whole frontage improved; provided that if the application of the above mentioned rule of apportionment between property owners would in the opinion of the City Council in particular cases be unjust or unequal, it shall be the duty of the City Council to assess and apportion said costs in such manner as it may deem just and equitable, having in view the special benefits in enhanced value to be � received by each owner of such property, the equities of the owners, and the adjustment of such apportionment, as to produce a substantial equality of benefits received by and burdens imposed upon such owners. The amounts to be paid by the abutting properties and the owners thereof shall be assessed against the abutting properties and the real and true owners thereof, whether said owners be correctly named therein or not, and the amounts payable by the abutting property and the owners thereof shall be a first and prior lien upon the property upon which assessments are levied, except State, County, School District and City ad valorem taxes, and a personal liability of the owners of said property. B. The cost of said improvements, after deducting the amounts to be assessed against and paid for by the abutting property and the owners thereof, has been paid by the City. �`� C. When the completed improvements are accepted by the City of Grapevine, Texas, the sums assessed against the � property abutting upon such completed and accepted improvements shall be and become payable in four (4) equal installments as follows: the first installment shall be due and payable on or before thirty (30) days after the date of the completion and acceptance of the improvements, and a like installment shall be due and payable on or before one (1) , two (2) , and three (3) years from the date of the completion and acceptance of the improvements . The entire amount assessed against the particular parcels of property shall bear interest from the date of such completion and the acceptance of the improvements upon which particular property abuts at the rate of eight percent (8�) per annum or at the rate payable by the City on its most recently issued general obligation bonds, determined as of the date of the notice provided for by Section 9 of Article 1105b, as amended, of Vernon' s Texas Civil Statutes, whichever rate is greater, payable annually except as to interest on the first installment, which shall be due and payable on the date said installment matures, provided that any owner shall have the right to pay any and all of such installments at any time before maturity by paying principal, with the interest accrued to the date +�w of payment, and further provided if default be made in the payment of any installment promptly as the same matures, then at the option of the City or assigns, the entire amount of the assessment shall be and become immediately due and payable; but is specifically provided that no assessment shall in any case be made against any property or any owner thereof in excess of the special benefits to property in the enhanced value thereof by means of said improvements upon which the particular property abuts , as ascertained at the � �� I � � 48�� hearing provided by the law in force in the City, nor shall any assessments be made in any case until after notice and hearing as provided by law. Said assess- ments against the respective lots and parcels of property and the owners thereof shall be evidenced by the Mayor and/or City Manager in the name of the City of Grapevine, Texas. Section 4 . The improvements provided for herein will be made and constructed, and there shall be notice given, hearing held and assessments levied and all proceedings will be taken and had in accordance with the terms and provisions of Article 1105b, as amended, of Vernon' s Texas Civil Statutes, under which law these proceedings are taken and had, and which Article constitutes a part of the Charter of the City of Grapevine, Texas. Section 5. The improvements on the portions of William D. Tate Avenue above described shall be and constitute separate and independent improvements from any other improvements thereon and the assessment herein provided for shall be made for the said improvements according to the cost of the said improvements independent of the cost or the benefits arising from any other improvements on said street. Section 6 . In making assessments, if the name of the owner be unknown, it shall be sufficient to so state the fact, and if any property be owned by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall not be necessary to give the correct name of the owner, but the real and true owners of the property mentioned shall be liable and the assessments against the property shall be valid. ��..� Section 7 . The Director of Public Works of the City of Grapevine, Texas, is hereby ordered and directed to file with t e City Council the total actual cost of such improvements. Section 8 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. The fact that the street and portions thereof improved as herein provided were determined to be in need of being improved without delay created an emergency and public necessity for the immediate preservation of the public peace, health and safety which requires that this Ordinance be passed as an emergency measure and that this Ordinance take effective immediately from and after its passage, and it is accordingly so ordered and ordained. , j. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF � �,,, GRAPEVINE, TEXAS on this the 19th day of ,7�nuar� , 19$8. � �� , ^. F" �'++r APPROVED: -�6�� '�� r � �Irrr+ �w� � 4 ,'✓ sr � � cy J �' i t # � �,,,. � Mayor �' � , .. f ` 'y•• �' ; : �a"' � � .�f;) � �: ��, wti� � � � � � � �� 5 ATTEST: �� Ci Secretary �,:. _ APPROVED AS TO FORM: .�>::.> �� City Attorney � � � � � � � � � � �� LB � � � � � � � . _r- �Md1 nNa o��dnN� s� ��da �o �`�° 1��03� ��aNn 3�s��o�r�Nn - �ats�noad �n�d ��02id 1tl32i 0381L'�i.3H 3V�11 �0 3S11 � �� 0 3St��38 �S1�iNiS�� ki�1HF� N13,�3 "tVi�3� '3�►tlS �Hl. � � �� rh��t r�,�� d��33 �t1'1�1�I('-!��'��. -'�� -�e��ir,-�(' P113)77H1 � �1` � � � 7^�� '�� —"la" ��:�1 � �� L� , �.�n!l ` r ��-"1 �t�c► �� d �� „ ,.n . �� ,�,•�•.• -,�,t 1 -"�' SN��S�� ca� a�v��'oN� ��c�td�.�o� a3��• ��I�1S3b H�INF�� iN3W�'��0� j,�d � � �� .,- `r� ,+r--�''� �j �'V ��Nd�N�p �p3�lr,`°. ,�°i1 ��y'��*1 � o � a �e��el�1� � �v� t�0�1 ia�,�¢Q �. ��v \��,� e a> 6` �' ,�e�.al av.�u�•,e Qu� �� 6 Qe aya�s a��>a��,4a�a�yd 1 7 09j0U pa�e a Qady,e��,�`��y 3��N�O 0 f.Qe av,�Q opa►� �s�u� S'�d �O �Q�°�aie�"�¢�e'�ay� � �'Nd�� y . f��`�'o p'�i�� u�� (� �� . ,.� � Return to: City of Grapevine Attention Jadi Brawn P.O. Box 729 Grapevine, TX 76051