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Home My WebLink AboutORD 1986-004 �` f f J��r' ;:� y,�� , - CITY OF GRAPEVINE, TEXAS r � ORDINAN�E NO. 86-04 AN QRDINANCE LEVYING ASSESSNIENTS FOR PART OF THiE COST OF IMPROVING PORTIONS OF A CERTAIN STREET IN THE CITY OF GRAPEVINE, TEXAS, TO WIT: TIMBERLINE DRIVE FROM THE WEST RIGHT-OF-WAY LINE OF STATE HIGHWAY 121 (WILLIAM D. TATE AVENUE) NORTHWEST TO THE SOUTH RIGHT-OF-WAY LINE OF MUSTANG DRIVE; FINDING THAT NOTICE OF THE PUBLIC HEARING HAS BEEN MAILED AND ""�`� PUBLISHED AS REQUIRED BY LAW; FIXING CHARGES AND LIENS AGAINST THE REAL AND TRUE OWNERS THEREOF; PROVIDING FOR COLLECTION OF SUCH ASSESSMENTS; AND �;�,:� PROVIDING WHEN THIS ORDINANCE SHALL TAI�E EFFECT WHEREAS, the City Council of the City of Grapevine, Texas, hereinafter referred to as the "City", has heretofore by Ordinance duly enacted, determined the necessity for and ordered the improvement of the hereinafter described street and portions thereof by raising, grading and filling the same and by constructing thereon asphalt or concrete curbs and gutters in accordance with the improvements described for said portions of Timberline Drive together with necessary incidentals and appurtenances, as shown on the Plans and Specifi- cations therefor on file with the City Council; and WHEREAS, the portion of said street to be improved is described as follows: Being both sides of Timberline Drive from the west rig3�t-of-way line of State Highway 121 (William D. Tate Avenue) northwest to the south right-of-way line of Mustang Drive. WHEREAS, estimates of the cost of the improvements on such portions of said street and public places were prepared and filed and adopted and approved � �� by the City Council and a time and place were fixed for a hearing to the owners of abutting property and to all others in anywise interested and due proper notice of the time and place and purpose of such hearing was given and such �`"�" hearing was had and held at the time and place fixed therefore, to wit: the 7th day of January, 1986, at 7:30 p.m. in the City Council Room, 413 Main Street, Grapevine, Texas, at which time the following appeared and testified as follows: l. The Director of Public Works of the City of Grapevine, Texas, described the improvements constructed and explained the method of apportion- ment of cost. Opinion testimony was received relative to special benefits which was submitted by an expert witness. 2. The Mayor then asked if there were any other parties present who desired to be heard on any matter in connection with the improvements under consideration. After all who desired to be heard were heard, the Mayor announced that the hearing was closed. WHEfZ,EAS, based upon the opinion testimony received by the expert witness, the City Council is of the opinion that the application of the front foot plan or rule would result in injustice or inequity in the case of assessments against developed single family residential property where the side yard abuts the street to be improved. The City Council hereby declares, based upon the opinion testimony, that for property where the side yard of developed single family re�idential property abuts the street to be impr�ved, the cost of curb and �°A gutter improvements shall be apportioned and assessed by applying a fixed amount equal to fifty percent (50%) of the average curb and gutter assessment for all developed single family residential property fronting on said street. All ,�,,,;� of the cost of the curb and gutter improvements for all single family residential property fronting on said street, and for all properties other than developed single family residential where either the front or side yard abuts said street shall be apportioned and assessed under the front foot plan or rule. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the matters contained in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. nJ�.�'� F'�;r�S�1 Section 2. That the City Council finds that notice of public hearing has been mailed and published as required by law, and that the City Council has heard all parties who appeared and desired to be heard as to the special benefits in enhanced value to accrue to said abutting property and the real and true owners thereof as compared with the portion of the cost of constructing said improvements proposed to be assessed against said abutting property, and has heard all parties appearing and offering testimony, together with all objections and protests relative to such matters and relative to any errors, invalidities or irregularities in any of the proceedings for said improvements, and has given a full and fair hearing to all parties making or desiring to make any such protest � "' or objection or to offer testimony, has fully examined and considered all of said evidence, matters, testimony and objections offered. �:.� Section 3. That said hearing granted to the real and true owners of property abutting upon said street witr►in the limits herein defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, has been heretofore closed, and all protests and objections whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. Section 4. The City Council, from the evidence, finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon the said portions of street and public places, and against the owners of such property and that such assessments and charges are right and proper and are in proportion to the benefits to the respective parcels of property by means of the improvements on said portion of Timberline Drive for which such assessments are levied, and establish substantial justice and equality and uniformity between the respective owners of the respective properties, and between all parties concerned, considering the benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specifically benefitted in enhanced value to the said property by means of the said improvements, and for which assessments are levied against and charge made, in a sum in excess of the said assessment and charge made against the same by this ordinance, and further finds that the apportionment of �,;.r the cost of the improvements is in accordance with the law in force in this City and the proceedings of the City heretofore had with reference to said improvements, and is in all respects valid and regular. �;� Section 5. There shall be and is hereby levied and assessed against the parcels of property described on the property owners roll attached hereto as Exhibit A and against the real and true owners thereof (whether such owners be correctly named herein or not), the sums of money listed and itemized shown opposite the description of the respective parcels of property and the several amounts assessed against the same, and the owners thereof, as far as such owners are known. Section 6. Where more than one person, firm or corporation owns an interest in any property above described, each said person, firm or corporation shall be personally liable for its, his or her pro rata of the total assessment against such property in proportion as its, his or her respective interest bears to the total ownership of such property, and its, his or her respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. Sc:ction 7. The several sums assessed against the said parcels of property and the owners thereof, and interest thereon 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, Vernon's Texas Civil Statutes, whichever rate is greater, together with reasonable attorneys' fees and costs of collection, if incurred, and hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a ``�'@� personal liability and charge agai�st the real and true owners of such property, whether such owner be named herein or not, and the said liens and claims 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. Yp!._ g�� F'Gr ig�i�. The sums so assessed against the abutting property and the owners thereof shall be and become due and payable as follows, to wit: in four (4) equal installments, due respectively on or before ten (10) days, one (1), two (2) and three (3) years from the date of completion and acceptance of the improvements on said portion of said street, and shall bear interest from the date of such completion and acceptance 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, Vernon's Texas Civil Statutes, whichever rate is greater, '"�j5� payable annually with each installment, except as to the installments maturing in less than one year which shall be payable at the maturity of the installment so payable, so that upon the completion and acceptance of the improvements on •� said portions of said street, assessments against the property upon such completed and accepted portions shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance. Provided, however, that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity, by payment of principal and accrued interest, and provided further that if default shall be made in the payment of any installment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such default is made shall, at the option of the said City, or its assigns, be and become immediately due and payable, and shall be collectible, together with reasonable attorneys' fees and costs of collection, if incurred. Section 8. If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the property by the Assessor and Collector of Taxes of said City as near as possible in the manner provided for the sale of property for the non-payment of ad valorem taxes, or, at the option of the City or its assigns, payment of saici sums shall be enforced by suit in any court of competent jurisdiction, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. „�.�:, Section 9. The City shall not in any manner be liable for payment of the sums hereby assessed against any property, or the owners thereof, but the said City, or its assigns, shall look solely to such property and the owners thereof for the payment of such assessments, but the City shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and sums and personal obligations. Section 10. The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in accordance with the proceedings of the City relating to said improvements and assessments therefor, and is equal to or less than the proportion of the cost allowed and permitted by the law in force in the City. The assessments herein levied are made and levied under and by virtue of the terms, powers and provisions of Article 1105b, as amended, Vernon's Texas Civil Statutes. Section 11. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof is, in accordance with the law, vested in the City. Section 12. All assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. „��,.� Section 13. The assessments herein levied are made and levied under and by virtue of the terms, powers and provisions of the Charter of the City of Grapevine, Texas. �.� Section 14. The assessments so levieci are for the improvements on said portions of said street upon which the property described abuts, and the assessments for the improvements on said portions are in nowise related to or connected with the improvements or assessments on any other portion, and in making assessments and in holding said hearing, the amounts assessed for improvements on said portions have been in nowise affected by any fact or in anywise connected with the improvements or the assessments therefor on any other portion. 'r'0;_ g'�S4 P�+GE�g�2 Section 15. The fact that the street and portions thereof improved as herein provided were in need of being improved without delay created an urgency and emergency 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 effect from and after its passage, and it is accordingly so ordered and ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CIT�' OF GRAPEVINE, TEXAS, this 7th day of January, 1986. _ � a�..._ � @,{� �'f .•� F S� ��a' t!y . .. . �� , ��r� . ' � .. .i -..,,_.,... �[Y&�«r , .- ` Mayor, City of Grapevir�e, c��:��.�" ";. ` ,��, ^,_��p ATTEST: �,��I`� "-' CZJ�� , City Secretary, Cit of Grapevine, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of Gr vine, Texas �:�. � ,�4�� 0',_ g4S�P",GE 1863 l� lf1 O O Lf) O '-I O I� O O O t� l0 000 ('') Ol O [� 01tf1 00 00 O M N N O f7 00 r-1 00 M lfl �O M N U] M C' �i' �-i M Ol O M �i ul tn N '-1 O W rn � � � �D rul �r �t1 �r � N rn �_ :. & v� r-i r-i a �a � �� n- �� n- � �.;a� f-3< ;yt �a �r] ,5 �-I U' �i' OOM [� N ONQO G� O c7 I.(1 (> O QHH,' N [� I� ON 000 �--I 00 O �!' 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OD O q � 61 �O M �--i e--I Qt/} t/� t/} � � � � � U H I c�l� F E-� � �V� � W oP+ � c�J� A� ls4 A �' a � � a� � a N H N � O O � � � Ei tHi� U O � O � � � � � � � � � o �-- � '�`OL ��J'�P�GE�8`� T�8 T 3`��;�,g ,,o�. - - ~ � �� o ST'�T 2�'f- °�df � F ?F._P ,S p D,c °f,Cc�� e,, '� �. ��F d�`6y"�F+9�'P d��C'��t`0 f��s 9��' �ya;,fit 9FT+a' o`��G,�a,�f. a � B ��'�J� � � F 8 o'a°.�a'�j•,L c C� af� ^°'o��e o��rx31 Al�o , ��O s�p�f�b�� s�r � l�,9�G,y� � I'9B� �8��'O��a�� 'Y�'�F�,� �\ ��cO''d�,°�4�,� G,y� . ,•�s ,� �,,,.�ri :� �� . .� �;Y .��J J?. : , Return to: .` ``j Karen Sparnz, City Secretary �� --� � �� City of Grapevine P.O. Box 729 Grapevine, TX 76051