HomeMy WebLinkAboutORD 1988-033 � C- (��`` L �`
, � ORDINANCE NO. 88-33
�
�f AN ORDINANCE LEVYING ASSESSMENTS FOR PART OF
THE COST OF IMPROVING PORTIONS OF A CERTAIN
STREET IN THE CITY OF GRAPEVINE, TARRANT
COUNTY, TEXAS, TO WIT: WILLIAM D. TATE
AVENUE FROM STATE HIGHWAY 114 TO ONE HUNDRED
SIXTY-EIGHT FEET (168 ' ) SOUTH OF DALLAS ROAD;
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; PROVIDING AN EFFECTIVE
PATE AND DECLARING AN EMERGENCY
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 pavement, and curbs,
gutters, drainage and sidewalks in accordance with the
improvements described for said portion of William D. Tate
Avenue, 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 :
William D. Tate Avenue from State Highway 114 to one
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hundred sixty-eight feet (168 ' ) south of Dallas Road
WHEREAS, estimates of the cost of the improvements on such
�I' �fl--� portions of said street and public places were prepared and f�Ied
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 purposes of such hearing was given and such
hearing was had and held at the times and places fixed therefor,
to wit: the 5th day of April, 1988, at 7: 30 p.m. in the Council
Chambers, Municipal Court Room #205, 307 West Dallas Road,
Grapevine, Texas, continued to the 18th day of April, 1988 , at
7: 00 p.m. in the Council Chambers, Municipal Court Room #205,
307 West Dallas Road, Grapevine, Texas, and further continued to
the 9th day of May, 1988 at 7: 00 p.m. in the Council Chambers,
; Municipal Court Room #205, 307 West Dallas Road, Grapevine,
Texas, at which time the following appeared and testified as
follows :
; 1. The Manager of Engineering of the City of Grapevine,
Texas, described the improvements to be constructed and
f explained the method of apportionment of cost. Opinion
testimony was received relative to special benefits
� which was submifted 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
I connection with the improvements under consideration.
i ° After all who desired to be heard were heard, the Mayor
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announced that the public hearing was closed.
� NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section l . That all of the matters contained in the
preamble are found to be true and correct and are incorporated
j herein as if copied in their entirety.
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Section 2 . That the City Council finds that notice of the
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 within 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 William D. Tate Avenue 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 equal or 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.
i 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,
i and the owners thereof, as far as such owners are known.
Section 6 . Where more than one person, firm or corporation
�f owns an interest in any property above described, each said
` person, firm or corporation shall be personally liable for its,
E � his or her pro rata of the total assessment against such property
� in proportion as its , his or her respective interest bears to the
6 total ownership of such property, and its, his or her respective
' �`"0.'°°' 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 and nineteen one-hundredths percent (8 . 19$)
per annum which is the same as 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,
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�' 092t� � � 725
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together with reasonable attorney' s 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 same 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.
' 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
�a-- =� before thirty (30) days, one (1) , two (2) and three (3) years
from the date of the completion and acceptance of the
improvements by the City on said portion of said street, and
shall b�ar interest fr�m tY�a� ciate of s:�ch �om�aletic�n and
acceptance at the rate of eight and nineteen one-hundredths
percent (8 . 19�) per annum which is the same as 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,
payable annually with each installment, except as to the
installments maturing in less than one (1) 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
' =rt: « and payable, and shall be collectible, togetner with reasc�nabie
attorneys ' fees and costs of collection, if incurred.
Section 8. If default shall be made in the payment of the
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 said sums shall be
i 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.
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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
i 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 the 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.
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'; 092 � a �� 726
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Section 12. Al1 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 levied 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 assessment 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 af fected by any fact or in anywise connected with the
improvements or the assessments therefor on any other portion.
Section 15 . The fact that the street and portions thereof
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 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 on this the gth day of Ma�, , 1988
F .
APPROVED: ,��:`+�� T,�;�
R�`.# �� �'� � ��rtjj
t J � �f� `�i�
� Mayor ,�`, -a .'��' `;
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,,,�� ...... • -,r
.�, �:�•�,
ATTEST: �`c �- `"@`
_ .f-
City Secretar
APPROVED AS TO FORM:
�
City Attorney
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Return to: �`'�
City of Grapevine
� Attention Jodi Brown �
P. O. Box 729
Grapevine, TX 76051
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