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Home My WebLink AboutORD 1983-073 CITY OF GRAPEVINE, TEXAS �� , ��' /�� ORDINANCE NO. 83-73 -- - --- '� �' �.. �`f/ \� _ .. ; , 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: DOGWOOD DRNE FROM THE NORTH RIGHT-OF-WAY LINE OF COLLEGE STREET NORTH TO THE SOUTH RIGHT-OF-WAY LINF. OF WALL STREET; RATIFYING APPROVED PLANS AND SPECI- FICATIONS FOR SUCH WORK AND IMPROVENlENTS; RECOG- NIZING AND AFFIRMING THAT THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF GRAPEVINE, TEXAS, HAS PREPARED AND FILED - WITH THE CITY COUNCIL ESTIMATES OF THE TOTAL COST OF SUCH WORK AND I1�4PROVENIENTS; DIRECT- ING THE UIRECIOR OF FUBLiC WORKS OF Tt;i. i�iiY Or GRAPEVINE, TEXAS, TO FILE THE TOTAL ACTUAL COST OF SUCH WORK AND IMPROVEMENTS; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPER- TY AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; AND PROVIDING FOR SUNDRY OTHER MATTERS INCIDENT THERETO; AND DECLARING AN EMERG- ENCY. WHEREAS, 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 Dogwood Drive and heretofore initially submitted such plans and specifications to the City Council of the City of Grapevine, Texas, at its reg�lar meeting held on the 5th day of October, 1982, 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 F3Y THE CITY COUNCIL OF THE � CITY OF GRAPEVINE, TEXAS: � .�ec�iuri 1. T;�e �1ans an� s�ecif'icaiions ior aii oi tne_ improvements described in Section 2 hereof prepared by the Director of Public Works of the City of Grapevine, Texas, and initially submitted to the City Council at its regular meeting held on the 5th day of October, 1982, and now on file with the �ity Council were approved and adopted at said regular meeting and are hereby ratified and eonfirmed. ' Section 2. That the City Council did find, and hereby ratifies and confirms said finding, that a public necessity existed for the permanent improvements of the following described portion of a street in the City of Grapevine, Texas, said portion of said publie street being designated and defined ta wit: Being the east and west sides of Dogwood Drive from the north right-of-way line of College Street north to the south right-of-way line of Wall Street. The above described portion of said street has been improved by raising; grading, and filling the same and by constructing thereon asphalt pavement, and asphalt or concrete curbs and gutters in accordance with the improvements deseribed for sa:id 2ortion af Do�wood Drive, +ogether ��ith neces��ry inc�dentals and appurtenances, 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, and a maximum of ninety percent (90%) of all of the cost of such improvements, exclusive of curbs and gutters. 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 :�'._ `76''�� P�"c��R:: 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. 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 ten (10) 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 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 a.ccrued to t-!�a d�te of �A.;�mPnt, P.nc� fl!rther nrp�rl�e� �f defa�lt h� msd� 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 ease 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 assessments 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 have been made and constructed, and there shall be notice given, hearing held and assessments levied and all proceedings 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 portion of Dogwood Drive above described sha11 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 eost 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 faet, 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 o�vner, but the real and true owners of the property mentioned shall be liable and the assessments against the property shall be valid. �.�_ '�F��: Pf.';t1_58E: Section 7. The City Council recognizes and affirms that the Director of Public Works of the City of Grapevine, Texas, has heretofore prepared and filed with the City Council estimates of the cost of such improvements on October 5, 1982, and on which date the City Council held a regular meeting at which the estimates of the cost of such improvements were approved and adopted by the City Council. Section 8. The Director of Public Works of the City of Grapevine, Texas, is hereby ordered and directed to file with the City Council the total actual cost of such improvements. Section 9. 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, as amended, of Vernon's Texas Civil Statutes. Section 10. 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 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 GRAPEVINE, TEXAS, this 15t day of November , A.D., 1983. � �-��-;. �z �' i } C �»�,� •:�,� � � �a f'. �`• Mayor, City of Grapevine, Texas�.:;; ATTEST: ''.� ,:; ' '. ;:. � / ^r� •�, kr _ ! �� 1��1J �-R��_�-� � � City Secreta y, City of Grapevine, Texas .:', ` � [SEAL] � APPROVED AS TO FORM: ,� � City Attorney, City �of Gr evine, Texas '��' "��'� Ph^.F�S�"1