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Home My WebLink AboutORD 1983-072 -� CITY OF GRAPEVINE, TEXAS � �. �,�\�j';� ORDINANCE NO. '•'�'' '' �� ` 83-72 - - -- :�. _ _- \ �� t �� AN ORDINANCE DETERMINING AND DECLARING THE NECES- SITY FOR AND ORDERING AND PROVIDING FOR THE PAVING AND IMPROVEMENTS OF PORTIONS OF CERTAIN STREETS IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, TO WIT: TIMBERLINE DRNE FROM THE WEST RIGHT-OF-WAY LINE OF STATE HIGHWAY 121 (WILLIAM D. TATE AVENUE) NORTIIWEST TO THE SOUTH RIGHT-OF-WAY LINE OF MUSTANG DRNE; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK AND IMPROVEMENTS; DIRECTING THAT THE DIRECTOR OF � PUBLIC WORKS OF THE CITY OF GRAPEVINE, TEXAS, PRE- PARE ESTIMATES OF THE TOTAL COST OF SUCH WORK AND IMPROVEMENTS; MAKING PROVISIONS FOR THE LEVYING OF iiJ.7�vJt'v1tSi'v 1 J AGAIN�T ASUTT�N:1 FRGP�RTY AIvT� �::� ��"�rI- ERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVE- MENTS; PROVIDING FOR THE COLLECTION OF SUCH ASSESS- MENTS; AND PROVIDING FOR SUNDRY OTHER MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. WHEREA5, the Director of Public Works of the City of Grapevine, Texas, has prepared plans and specifications for the improvements of the hereinafter described portion of Timberline Drive and heretofore submitted such plans and specifications to the City Council of the City of Grapevine, Texas, 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 submitted to the City Council and now on file with the City Council are hereby approved and adopted. �e^t:�.^. 2. Tha: � p�:bl:c r.c��sity exi�ts for th� �ermanent improvements of the following described portion of a street in the City of Grapevine, Texas, said portion of said public street being designated and defined to wit: Being both sides of 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. The above described portion of said street shall be improved 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 portion of Timberline Drive, together with necessary incidentals and appurten- ances, as shown on the Plans and Specifications therefor on file with the City Council. 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 asphalt or concrete curbs and gutters improvements. 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 �f such apportionmPnt, as to produce a substantial equality of benefits received by and burdens i►nposed upon such owners. � ' `�'��;�; ��''t t j,��- The .i mounts 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. After deducting the amounts to be assessed against and paid for by the abutting property and the owners thereof the remaining cost of said improvements shall be paid for by the City of Grapevine, Texas. C. When the improvements are completed and 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 befc►e ien (1�i c;ays afte.^ t;;e date �f the comp�etion u,�� scc�etsr.c� �f tr�e 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 acceptance of the improvements upon which the particular property abuts at the rate of eight percent (8%) per annum, 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 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 it 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 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 assessi??ents a�ainst tn� respective lots �nd 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 shall be made and construeted, notice given, hearing held and assessments levied and all proceed- ings 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 impro��ements on the portion of Timberline Drive 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. SFetion 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 sny f:�m �r �on��ration, it 3r�11 b� suff:�ient to so siate, �nd 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 the City Council estimates of the cost of such improvements. Section 8. The City Secretary is directed to prepare, and file with the County Clerk of Tarrant County, Texas, a notice in accordance with the terms and provisions of Article 1220a, ris amended, of Vernon's Texas Civil Statutes. ';�'_ '7��E� P!,��5�,' -2- Section 9. The fact that the street and portions thereof improved as herein provided are in need of being improved without delay creates 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 effect immediately from and after its passage, and it is accordingly so ordered and ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GR.APEVINE, TEXAS, this l�t day of November , A.D., 1983. 7�' ' ��` " ARayor, ity o Grapevine, Te��-� �� '� �� 4 -, ATTiST: -�� -�>� �% � r� ""`' - �,. � , � � -,,� �. / 1�l �9J ��_�"/�r�'��t=-� �� <<,.. . City Secretary#` City of Grapevine, Texas f i`: � �.�5�-� i �� , �.�.: , : [SEAL) �-:> , - PROVED AS TO FORM: G°-z / City Attorney, City of G pevine, Texas i � , �c.��z; �,�c:�S�3 -3-