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HomeMy WebLinkAboutORD 1975-046 ORDINANCE NO. ?5-46 AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY FOR A1VD ORDERING AND PROVIDING FOR THE PAVING AND IMPROVEMENTS OF PORTIONS OF CERTAIN STREETS IN THE � CITY OF GRAPEVINE, TEXAS, TO-WIT: DOVE ROAD FROM � SH 114 TO DOVE L.00P AND THE SOUTH 1, 2 5 2 FEET OF' DOVE LOOP. APPROVING PL.ANS AND SPECIFICATIONS FOR SUCH WORK AND IMPROVEMENTS; DIRECTING THE CITY ENGINEER OF THE CITY OF GRAPEVINE TO PREPARE ESTIMATES OF THE TOTAL COST OF SUCH WORK AND IMPROVEMENTS; DIRECTING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR SUCH IMPROVE- MENTS; MAKING PROVISIONS FOR THE LEVYING OF ASSESS- MENTS AGAINST ABUTTING PROPERTY AND THE OWNERS THERE- OF FOR A PART OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND � „ THE ISSUANCE OF ASSIGNA.SLE CERTIFICATES IN EVIDENCE +� THEREOF AND PROVIDING FOR SUNDRY OTHER MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. � �rr WHEREAS, the City Engineer of the City of Grapevine has prepared plans and specifications for the improvements of the hereinafter described portion of Dove Road and Dove Loop and heretofore submitted such "�' plans and specifications to the City Council of the �,,, City of Grapevine and the same having been examined by the City Council of the City of Grapevine and found to be in all matters and things proper; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION 1. The plans and specifications for all of the improvements described in Section 2 hereof pre- pared by the Engineer of the City of Grapevine and submitted to the City Council and now on file with the City Council are hereby approved and adopted. � SECTION 2. That a public necessity exists for the permanent improvements of the following described r.� portion of streets in the City of Grapevine, Texas, said portion of said public street being designated and defined by Street Unit, to-wit: UNIT I . Dove Road from SH 114 to Dove Loop and the South 1, 252 feet of Dove Loop The above described portions of said streets shall each be improved by raising, grading, and filling the same and by constructing thereon asphaltic concrete pavement, concrete curbs and gutters, and storm sewers 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. SECTION 3. The cost of the improvements in each unit 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 concrete curbs or curbs and gutters and driveways; and save and excepting therefrom all and any part of �• the cost of storm sewer and drains. � 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 f rontage 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 by un- just 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, so 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 abutt- ing 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 assessed against such property and against the real and true owners thereof and 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 any improvements constructed that abut on any property owned by the City of Grapevine shall be paid for by the City of Grapevine (c) After deducting the amounts to be assessed r�^ against and paid for by the abutting property and the owners �� thereof the remaining cost of said improvements shall be paid for by the City of Grapevine (d) When the improvements are completed and accepted by the City of Grapevine on a particular unit, the sums assessed against the property abutting upon such completed and accepted unit shall be and become payable in four (4) equal installments as follows: The First In- stallment shall be due and payable on or before ten (10) days after the date of the completion and acceptance of such unit, 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 such unit. � The entire amount assessed against the particular parcels of property shall bear interest from the date of such completion and acceptance of the improvements on the unit upon which the particular property abuts at the rate of seven percent (7%) per annum, payable annually except as to interest on the first installment, which shall be due and payable on the date of said installment matures , pro- vided 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 in the unit 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 assessments against the respective lots and parcels of property and the owners thereof shall � be executed by the Mayor and/or City Manager in the name of the City of Grapevine, Texas , and the City Secretary shall attest the same and impress the corporate seal of the City �,q thereon, and which may have attached thereto coupons in evidence of the several installments , or in evidence of r�.� any of the installments in which the assessment is payable, which eertificates shall be held by the City of Grapevine or assigned, shall recite the terms and the time of payment, the amount of the assessment, the description of the pro- perty, and the name of the owners, as far as known, and shall contain such other recitals. as may be pertinent there- to, and shall further recite substantially that all pro- ' ceedings with reference to the making of such improvements have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the property described in said certificates and the personal � liability of the owners thereof, have been regularly had, r""" done and performed, and such recitals shall be prima facie evidence of the matters so recited, and no further proof thereof shall be required in any court, and the said certifi- cates shall provide substantially that if default be made in the payment of any installment promptly as the same matures , then at the option of said City, or its assigns , the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorneys � fees and costs of collection if � incurred, all of which as well as the principal and � interest on the assessment , shall be a first and prior lien against the property, superior to all other liens and claims except State, County, School District and City ad valorem taxes. No error or mistake in naming any owner or in describing any property or in any other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof, the omission of improvements on any particular unit or in front of any property exempt by law from the lien of special assessment for street improvements shall not invalidate any assess- ment levied. The certificates referred to need not con- "`3' tain recitals in exactly the words above provided for, �• but the substance thereof shall suffice, and they may contain other and additional recitals pertinent thereto. SECTION 5. The City Manager be, and he is here- by instructed to advertise for bids for the improvements herein described in accordance with the provisions of the Charter of the City of Grapevine and the laws of the State of Texas. SECTION 6. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessments levied and all proceedings taken and had in � accordance with and under the terms of the powers and pro- visions of Chapter 106 of the Acts of the F'irst Called � Session of the Fortieth Legislature of the State of Texas , now known as Article 1105b of Vernon ' s Texas Civil Statutes, under which law these proceedings are taken and had, which Act constitutes a part of the Charter of the City of Grapevine, Texas. SECTION 7. Each unit above described shall be and constitute a separate and independent unit of im- provement and the assessment herein provided for shall be made for the improvements in each unit according to � the cost of the improvements in that unit and according �"'" to the benef its arising f rom the improvements in that unit and independent of the cost of the benefits arising from the improvements in any other unit. SECTION 8. 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 corporations, 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. �� �,, SECTION 9. The City Engineer of the City of Grapevine, Texas, be and he is hereby ordered and directed to file with the City Council estimates of the cost of such improvements in each unit. 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 provisions of the Act passed at the Fifth Called Session of the Forty-First Legislature of the State of Texas as shown as Chapter 21 of the Acts of said Session, said Act having been passed in the year 1930, and now being known as Article 1220a '""�"" of Vernon's Texas Civil Statutes . � SECTION 11. The faet 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 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 28th day of October ,A.D. 19'75. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: � �"" CITY ATTORNEY � w�.