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HomeMy WebLinkAboutORD 1977-053 ORDINANCE NO. 77-53 AN ORDINANCE CLOSING THE HEARING AND LEVYING ASSESS- MENTS ROR PART OR THE COST OF IMPROVING PORTIONS OF CERTAIN STREETS IN THE CITY OF GRAPEVINE, TEXAS , TO- WIT: THE WEST SIDE OF PARK BOULEVARD RROM NORTHWEST HIGHWAY TO DOVE ROAD AND THE EAST SIDE OR PARK BOULE- VARD. FOR 2,256 FEET NORTH FROM THE NORTHWEST HIGHWAY RIGHT-OF-WAY LINE; FIXING CHARGES AND LIENS AGAINST THE PROPERTY ABUTTING THEREON AND AGAINST THE REAL e� AND TRUE OWNERS THEREOF; PROVIDING FOR COLLECTIONS OF SUCH ASSESSMENTS AND ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF'; PROVIDING FOR �, SUNDRY OTHER MATTERS INCIDENTAL THERETO AND DECLAR- ING AN EMERGENCY. WHEREAS, the City Council of the City of Grapevine, Texas , has heretofore by Ordinance duly enacted, determined the necessity for and ordered the improvement of the hereinafter described streets and portions thereby raising, grading and filling the same and by constructing thereon concrete pavement, concrete curbs and gutters , storm sewers and sidewalks in accordance with the improvements described for each unit, together with necessary incidentals and appurtenances , as shown on the Plans and Specifications therefor on file with the City Council; and . WHEREAS, a contract was made and entered into by the State of Texas with the Southwest Contracting Company for the making and construction of such improvements, said portions of streets and public places being described as follows: 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 Governing Body of the City and a time and place were f ixed 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 25th day of October, 1977, at 413 Main Street in the City Council Room, City Hall, Grapevine, Texas , at which time the following appeared and testified as follows: l . The City Manager of the City of Grapevine , Texas, des- cribed the improvements proposed to be constructed and explained the method of apportionment of cost. Opinion testimoney was received relative to special benefits , from the City Manager and the City Tax Assessor Collector that they were familiar with the market value of property in Tarrant County and specifical.].y in the cities of Grapevine and Southlake, Tarrant County, Texas; that they were fa;niliar with the project and the proposed assess- ments and that in their opinion the proposed improvements , specifically the curb and gutter enhanced the value of the abutting property and in excess of the proposed assessment. 2. The City Secretary then stated that a Notice of the Hearing �had been published and mailed to abutting owners as re- quired by law. 3. 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, and the following spoke: Mr. Henry Rorney representing College Street Church of Christ; �w Mr. Joe Wolfe, abutting property owner; Mr. Glen Sod, Attorney, representing Mr. John Simmons . The Mayor announced that the hearing was closed. The Council then closed the public hearing. NOW, THEREFORE, ABOVE PREMISES CONSIDERED OF WHICH ARE DEEMED INCORPORATED INTO THE BODY OF THIS ORDINANCE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION 1. That at said hearing no protests , objections , or testimoney were offered as to said improvements , the contracts or assessments therefor, or as to any of the proceedings in � reference therefor, or as to any of the proceedings in reference thereto except as hereinabove set out; 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 pro- posed 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 and contract 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 2. That said hearing granted to the real and true owners of properties abutting upon said streets or units within the limits herein defined, and to all persons , firms, corporations and estates , owning or claiming same or any interest therein, shall be, and the hearing is hereby closed, and all pro- tests and objections whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 3. 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 ,y,�„�„ 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 in the unit 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 specially 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 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 4. There shall be and is hereby levied and assessed against the parcels of property hereinbelow mentior�ed, and against the real and true owners thereof (whether such owners be correctly named herein or not) , the sums of money below mentioned �" and itemized shown opposite the description of the respective parcels of property and the several amounts assessed aginst the same, and the owners thereof, as far as such owners are known ir�rr being as follows: UNIT STREET STORM CURB & TOTAL NO. SEWERS GUTTER I $297,020.17 $12,738.08 $25,531.75 $335,290.00 It is proposed that the adjoining property owners be assessed as follows: For front curb and gutter 6,995 Lineal feet @ $3.65 per foot ---------- $25,531.75 Amount of estimate to be paid by the ,� City of Grapevine, Texas--------------------- 12,'738.08 Amount of estimate to be assessed ��„ against abutting property owners------------- 25,531.75 SECTION 5. 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 only 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. SECTION 6. The several sums above mentioned and assessed against the said parcels of property and the owners thereof, and interest thereon at the rate of 7% per cent per annum, together with reasonable attorneys ' fees and costs of collection, if in- curred, 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 owners be named herein or not, and the said liens shall be and constitute the first enforce- able lien thereon, superior to all other 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 in the respective unit, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units , and shall bear interest from the date of such completion and acceptance at the rate of 7� per cent per annum, payable annually with each installment , except as to the installments maturing in less than one year which shall be pay- able at the maturity of the installment so payable, so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property upon such completed and accepted unit shall be and become due and payable in such install- ments , 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 of Grapevine, Texas , or its assigns, be and become immediately due and payable, Y�.�+ and shall be collectible, together with reasonable attorneys ' fees and costs of collection, if incurred. SECTION 7. If default shall be made in the payment of any assessment, col:�e�.tion 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 of Grapevine, Texas, or its assigns, payment of said sums shall be enforced by suit in any court of competent jurisdic- tion, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments . SECTION 8. The City of Grapevine 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 of Grapevine, Texas , or its assigns , shall look solely to such property and the owners thereof for the payment of such assessments , but the City of Grapevine shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and sums and personal obligations. �* SECTION 9. The total amountassessed against the respective parcels of abutting property, and the owners thereof, is in accordance with the proceedings of the City relating to said im- ;�,,, provements and assessments therefor, and is less than the propor- tion 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 an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas , being known as Chapter 106 of the Acts of said Session together with any and all amendments thereto, and now shown as Article 1105b of Vernon's Texas Civil Statutes . SECTION 10. For the purpose of evidencing the several sums assessed against the respective parcels of abutting property and the owners thereof, and the time and terms of payment, and to aid the enforcement and collection thereof, assignable certificates may be issued by the City of Grapevine, Texas , upon completion and acceptance of improvements , which certificates shall be executed by the Mayor and�or the City Manager in the name of the City and attested by the City Secretary with the corporate seal of tr.e City impressed thereon, and shall be payable to said City of Grapevine, Texas , or its assigns , and shall declare the said amounts , time and terms of payment, rate of interest, and the date of completion and acceptance of the improvements abutting upon such property for which the certificate is issued, and shall contain the name of the owner �°'' or owners , if known, descri��tion of the property by Lot and Block number or feet thereof, or such other description as may otherwise �, identify the same; and if the said property shall be owned by an estate, then the description of same as so owned shall be sufficient; or if the name of the owner be unknown, then t� so state will be sufficient, and no error or mistake in describing any property, or in giving the name of the owner, shall invalidate or in anywise impair such certificates , or the assessments levied. The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectable with reasonable attorneys � fees and costs of collection if incurred, and shall provide substantially that the amounts evidenced thereby may be paid to the City Treasurer of the City of Grapevine who shall issue his receipt therefor, which shall be evidence of such payment on any demand for the same , and the Assessor and Collector of Taxes shall deposit the sums so received by him forthwith the City Treasurer to be kept and held by him in a separate fund, hereby designated as Street Improvement Bond Fund. and when :�.ny payment shall be made to the Assessor and Collector of Ta�ces upon such certificate he shall , upon presentation to him of the certif icate by the City of Grapevine, Texas , or other holder thereof, endorse said payment thereon, and the City of !�' Grapevine , Texas , or other holder of such certificate, shall be entitled to receive from the City Treasurer the amounts paid upon presentation to him of such certificates so endorsed and credited; � and such endorsement and credit shall be the Treasurer�s Warrant for making such payment. Such payment by the Treasurer shall be receipted by the holder of such certificate in writing and by surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorneys ' fees , if incurred, have been paid in full. Said certificates shall further reci'c� substantially that the proceedings with reference to making the improvements to which the particular certificate relates , have been regularly had in compliance with the law, and that all prerequisites to the fixing of the assessment lien against the property described in such certificate and the personal liability of the owner or owners thereof have been performed, and such recitals shall be prima facie evidence of all the matters recited in such certificates , � and no further proof thereof shall be required in any court. The said certificate may have coupons attached thereto in ,�,, evidence of each or any of the several installments thereof, or may have coupons for each of the first three installments, leaving the main certificate to serve for the fourth installment, which coupons may be payable either to the City of Grapevine, Texas , or its assigns , or to the bearer, and may be signed with the facsimile signatures of the Mayor and�or the City Manager and the City Secretary. Said certificates shall further recite that the City of Grapevine shall exercise all of its lawful powers , when requested to do so, to aid in the enforcement and collection thereof, and may contain recitals substantially in accordance with the above and other additional recitals pertinent or appropriate thereto; and it shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof shall be sufficient. The lact that such improvements may be omitted on any portion of said street and public places adjacent to any premises exempt f rom the lien of such assessments shall not �n any wise invalidate, effect or impair the lien of such assessments upon the premises . 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. Al1 assessments levied are a personal liability and char�e against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. SECTI�N 13. The assessments herein levied are made and levied under any by virtue of the terms , powers and provisions of the Charter of the City of Grapevine , Texas and State Law. SECTION 14. The assessments so levied are for the improve- ments in the particular unit upon which the property described abuts, and the assessments for the improvements in any one unit are in nowise related to or connected with the improvements or assessments in any other unit, and in making assessments and in holding said hearing , the amounts assessed for improvements in any one unit have been in nowise affected by any fact in anywise connected with the improvements or the assessments therefor in any other unit. SECTION 15. The fact that the streets and portions thereof �°"'"' to be improved as herein provided are in need of being improved without delay creates an urgency and emergency for the immediate preservation of the public peace, health and safety which requires �r that this Ordinance be passed on an emergency measure and that this Ordinance take effect from and after its passage , and it is accordingly so ordered and ordained. ASSESSMENT ROLL OF PARK BLVD PROPERTY OWNER FRONT FOOT UNIT TOTAL � � ASSESSMENT ASSESSMENT t �..��" John Simmons Curb & Gutter 2710.68 lf. $3.65 lf $9893.98 Description of Property - 77-53-001 Tract 2-3 Herring Svy. Abst. 663 as recorded in Vol . 8258, Pg. 679, TCDR --------------------------------------------------------------------------------------- Theron S. Bradford Curb & Gutter 692.0' lf $3.65 lf $2525.80 Description of Property - 77-53-002 Tract 2-2A1 Easter Svy, Abst. 458 as recorded in Vol . 5244, Pg. 856, TCDR --------------------------------------------------------------------------------------- Mel Hobratsch Curb & Gutter 821 .4' lf $3.65 lf $2998.11 Description of Property - 77-53-003 �'"`� Tract 2E9 Easter Svy, Abst 458 as recorded in Vol . 5364 Pg. 873, TCDR �,,.. `�,; -------------------------------------------------------------------------------------- College Street Church Curb & Gutter 416.0' lf $3.65 lf $1518.40 of Christ Description of Property - 77-53-004 Tract 2AlB Easter Svy. , Abst.458 as recorded in Vo1 .6200, Pg.401 , TCDR --------------------------------------------------------------------------------------- Avonelle Whitlock Wol�f Curb & Gutter 317.4' lf $3.65 lf $1158.51 Description of Property - 77-53-005 Tract 2E4 Easter Svy. , Abst. 458 as �,,,.p recorded in Vo1 .4999 Pg. 991 , TCDR ---------------------------------------------------------------------------------------- � T�TAL FOOTAGE - 4957.48 @ 3.65 = 18094.80 (COTTON) 2256.00 (8234.40) �r ,J'% ACTUAL = 7213.48 26329.20 �. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, T,F_XAS , this _25th day of October , A.D. , 1977. � MAYOR +� ATTEST: � � � :�-�'�. �. � , �, City cret y (. APPROVED AS TO FORM: �.�-������� City Attorney � � � �