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Home My WebLink AboutORD 1983-082 . �� . • 1 �i� CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 83-82 � _ .%r.:_ ... -- -_� - AN ORDINANCE LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING PORTIONS OF A CERTAIN STREET IN THE CITY OF GRAPEVINE, TEXAS, TO-WIT: PEACH STREET FROM THE WEST RIGHT-OF-WAY LINE OF BOYD DRNE WEST 378.73 FEET; 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 ASSESS- MENTS; AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT WHEREAS, the City Council of the City of Grapevine, Texas, hereinafter referred to as the "City", has heretofore by Ordinance duly en�eted, dPter,ninec� the 11�G'CCSS1Ly ior and ordered the improvement of the hereinafter described streets and portions thereof by raising, grading and filling the same and by constructing thereon concrete pavement, and asphalt or concrete curbs and gutters in accordance with the improvements described for said portions of Peach Streeet, together with necessary incidentals and appurtenances, as shown on the Plans and Specifications therefor on file with the City Council; and WHEREAS, the portion of said street to be improved is described as . follows: Being the north and south sides of Peach Street from the west right-of-way line of Boyd Drive west 380 - feet. WHEREAS, estimates of the cost of the improvements on such portions of 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 therefor, to-wit: the 6th aay o� llecember, 1983, 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: 1. 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. 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. Section 2. That the City Council finds that notice of the public hearing h�c haon ailnri nn�a ns�l-.licho ac ..on�� orl h > > .�, oAnA t!�.�f i-.= n:+.: ., 't L.,... -- �- T�----•-- rw�__......L� _.,y.,.1P ..� 1^c,.., .. �....,. t,i:, �..j C:.u,.Ci� �.u� .. heard all parties who appeared and desired to be heard as to the special benefits in enhanced value to acerue 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 streets within the limits herein defined, and to all ,,�_ i':i�� t,'�E .f�3�� l 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 Peach Street 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 e�eh case the �buttirig pc•o�erty ss5�s�eu is specitically 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 e against the same by this ordinance, and further finds that the apportionment of 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 knowne Section 6. Where more than one person, firm or corporation owns an interst 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 res�eetive in_tPrest ;:eu:s t� tne 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. Section 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�'0) per annum, 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 against the real and true owners of such property, whether such owner be named herein or not, and the said liens and claims, except State, County, School District and City ad valorem taxes. 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, payable annually with each installment, except as to the installments maturing in less than one vear which shall be �Aya�ip a* t�:e :�:atar:y �f �i►e i►is�alii�ient so . payable, so that upon the completion and acceptance of the improvements on said portion of said street, assessments against the property upon such completed and accepted portion 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 payble, and shall be collectible, together with reasonable attorneys' fees and costs of collection, if incurred. ►��;4:� f�� 6�; ..� f ,. � _ 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-pay m ent of ad valore m taxes, or, at the option of the City or its assigns, payment of said 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. Sectian 10. Tne 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 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, of Vernon's Texas Civil Statutese 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 in force in the City, vested in the City. Section 12. All assessments levied are a personal liability and charge aganst the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorreclty 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, Texaso Seciion 14. The assessments so levied are for the improvements on said portion of said street upon which the property described abuts, and the assessments for the improvements on said portion 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 portion have been in nowise affected by any fact or in anywise connected with the improvements or the assessments therefor on any other portion. Section 15. The fact that the streets 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 CITY OF GRAPEVINE, TEXAS, this 6th day of December � 19 83 • • Mayo , City of Grapevine, Texas_ � � ATTEST: - City Secretary, Ci y of Grapevine, Texas [SEAL] 'v�' ��9� ��;L f� APPROVED AS TO FORM: City Attorney, City of Grapevin exa -` �,�:. '7�`�4 Ft�!:� 63'7 � EXHIBIT ''�" TO . . ORDI��ANCE NO. 8�-82 ' EXHIBIT A CITY OF GRAPEVINE PROPERTY OWNERS ROLL FOR THE IMPROVEMENT OF PEACH STREET FROM THE WEST RIGHT-OF-WAY LINE OF BOYD DRNE WEST 378.73 FEET FOOTAGE ON AMOUNT PROPERTY OWNER/LOT DESCRIPTION PEACH STREET OF ASSESSMENT S.W. Henderson, Jr. 378.73 feet $9,150.17 c/o Property Tax Service P.O. Box 344730 Dallas, Texas 75234 TOTAL ASSESSMENT $9,150.17 TOTAL PAID BY DEVELOPER'S CONTRACT $13,465.67 TOTAL (ASSESSMENT AND DEVELOPER'S CONTRACT) $22,615.84 ':�� '�� P��: �� f , --Y� � .�-,r "� f��.:� ��;cd 'U;�� . � �� c"� ` , o� � y�,3 m E � � �C.p T � ma �o m �y c � � � 3Ezm +-�,m ar NC'! �a�yt � _ E c a � � ?dmo. • � � �,/� a a�caE � . r`�C p�N � ". 4g}.z' :c a c � � y� W �. � V rNEm � � x (�` - � � � m � � ��~ Q Y E> i� � uXi �m�= � " ..r� � I.L .c.. � ''1`lii i;r j . O m m p .. '�"R .�,,'. � � t�o� �•, +�'' '� . � a �nOC H �.�c.'F �0 : mu�..^ `•;ti/�s" '�J c~A c�a .:,ti;�� .. - .� � � �. z -� �- � _'_ � � l..•"r ._ }�t' - ` �� _ --� 1 '14�` ' L� ib w .. .. `J . ' — `�� :-.:_� . � C_"'� ,'_. _�.7 .._� ��y • ` ��LG'�- e�� `�`' � (� �'0, a.�,�� r � ��- 7�a�/ ��'�'��-�-._.��,