The URL can be used to link to this page

Home My WebLink AboutORD 1985-074 �� . � CIT'Y OF GRAPEVINE, TEXAS V OIZ,DINANCE NO. 85--74 AN O1�,DINANCE DETEFdMINING AND DECLARING THE NECES- SITY FOR AND ORDEI�,ING AND PROVIDING FOR THE PAVING AND IMPROVEMENTS OF PORTI�NS OF A CERTAIN STREET IN� THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS TO WIT: BUTTERFIELD STR,EET F1Z.OM THE NORTH 1Z,IGHT-OF-WA�' LINE OF WILDWOOD LANE NQ�i,TH 585 I'EET; RATIFYING AP- "�" PROVED PLANS AND SPECI�'ICATIONS rOR SUCH WORK AND IMPROVEMENTS; RECQGNIZING AND AFFIRMING THAT THE DIRECTOI�, OF PUBLIC WOR,KS OF THE CITY OF GRAPEVINE, � TEXAS, HAS PREPARED AND FILED WITH THE CITY COUNCIL ESTIMATES OF THE TOTAL CQST OF SUCI-� WOR,K P�ND IMPROVEMENTS; DIRECTING THE DIR.ECTOR OF PUBLIC WORKS OF THE CITY OF GR,APEVINE, TEXAS TO FILE THE TOTAL ACTUAL COST OF SUCH WORK AND IMPROVEMENTS; 1VIAKING PR�VISIONS FO�. THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROYERTY 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 EMEKGENCY. WHEREAS, the Director of Public Works of the City of Grapevine, Texas, has prepared plans and specifications for the improvements of the hereinafter described portions of Butterfield Street and heretofore submitted such plans and specifications to the City Council of the City of Grapevine, Texas, at its regular meeting held on the 15th day of January 1985, 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 thirigs proper. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUlVCIL OF THE „� CITY OF G�,APEVINE, TEXAS: 5ection 1. The plans and specific'ations for all of the improvements '�'" described in Section 2 hereof prepared by the Director of Public Works of the City of Gra.pevine, Texas, and submitted to the City Council at its regular meeting held on the 15th day of January, 1985,and now on file with the City Council were approved and ac�opted at said regular meeting and are hereby ratified and confirmed. 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 Butterfield Street in the City of Grapevine, Texas, said portior� of said public street being designated and defined to wit: Being the east and west sides of Butterfield Street from the north right-of-way line of Wildwood Lane north five hundred eighty-five feet (5�5'). The above described portion of said street has been improved by raising, grading, and filling the same and by constructing thereon asphalt pavement, and curbs and gutters in accordance with the improvements described for said portion of Butterfield Street, together with necessary incidentals and appur- tenances, as shown on the plans and specifications therefore on file with the .�•§ City Council. Section 3. The cost of the improvement� shall be paid for as follows, ,�, to wit: � A. The abuttin� property and the owners thereof shall be assessed and pay for all of the cost of the curbs and gutters, and a maximum of ninety percent (90°�0) of all of the remaining costs of such improvements, exclusive of curbs and gutters. The cost of' such improvements shall be assesseci against said owners and their property respectively, in accordance with what is known as the "Front-Foot �r��'��1� , 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 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 for by the City. 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 the acceptance of the improvements upon which the particular property abuts at the rate of eight percent (8%) per annum or at 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, of Vernon's Texas Civil Statutes, ��'i whichever rate is greater, payable anrivally 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 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. �r� Section 5. The improvements on the portion of Butterfield Street 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. Section 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 any firm or corporation, it shall be sufficient to so state, and 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. v�L ��.�� , Section 7. The City Council recognizes and affirms that the City has heretofore entered into a developer's contract for the construction of the improvements and that a contract was awarded to the lowest responsible bidder in accordance with the laws of the State of Texas. Section 8. 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 at the time the construction contract was awarded and that cost of said improvements as determined by the existing construction contract was approved and adopted by the City Council on the 15th day of January 1985, and is hereby ratified and � confirmed. Section 9. 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 10. 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 11. The fact that the street and portions thereof improved as herein provided were determined to be in need of being improved without delay created ar� 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 G1�.APEVINE, TEXAS, this 19th day of November , A.D., 1985. Mayor, City of Grapevine, Texas � ATTEST: � Q.�c.�,� �ty��tary, Ci y of Grapevine, Texas ��_ .. , � •��[SEAL� " �f �:: r ��. �,��- A�FR��I��S TO FORM: . `^�� i .� �� +� �y .�,ei � V r� �' •\��\ City Attorney, City of G apevine, Texas � � Y�� 4�:�� _��a�� . ��: . '85 GE� 27 A 9 �25 � ;;� ��;� BY______._.. _ � .�r. �,•�1�1tio31N��ti1 �Fr'. ��. <.. - �a3�� uNno� � �; �. ,� '� I�Lr��%'� ��,yr '' ,�.w �� r- �' • � � - �� 1 �L� ��d �� sa�� '�'�'��g+�'�� j� �ldis � �� .��s �� xxNno� �� .�r Return to: Karen Spann, City Secretary City of Grapevine P.O. Box 729 Grapevine, Texas 76051