HomeMy WebLinkAboutORD 1995-057 {. , , _ _ .
�.1
�,,,n
. ORDINANCE NO. 95-57 DEED 1q.00
T�.lTL 1 r' .� O{D
nnr�i r�z? ;n �r�.; „
.._u� L�-:m L.,C���:��� fv}:�4 �:4;ACt iL�lD'�/5�`,
�.�
AN ORDINANCE DETERMINING AND DECLARING A
NECESSITY FOR AND ORDERING AND PROVIDING FOR
WATER SYSTEM IMPROVEMENTS AND SANITARY
SEWER SYSTEM IMPROVEMENTS IN A PORTION OF
GRAPEVINE,TARRANT COUNTY, TEXAS, LOCATED IN AN
AREA GENERALLY DESCRIBED AS BEING BORDERED BY
BETHEL ROAD AND STATE HIGHWAY 26 ON THE SOUTH;
FAIRWAY DRIVE ON THE WEST; THE FLOWER MOUND
CITY LIMITS LINE AND DENTON CREEK ON THE NORTH;
AND DENTON CREEK, STATE HIGHWAY 121 , AND THE
COPPELL CITY LIMITS ON THE EAST; MORE
SPECIFICALLY DESCRIBED AS SHOWN IN ATTACHED
EXHIBIT "A"; SETTING A PUBLIC HEARING AT 7:30 P.M.
ON SEPTEMBER 5, 1995 IN THE CITY COUNCIL
CHAMBERS, MUNICIPAL COURT ROOM, NUMBER 205,
307 WEST DALLAS ROAD, GRAPEVINE, TEXAS, AS THE
TIME AND PLACE FOR A PUBLIC HEARING OF THE REAL
AND TRUE OWNERS OF PROPERTY ABUTTING UPON
�` ' SAID IMPROVEMENTS AND CONCERNING THE SAID
ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS,
DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF
SAID PUBLIC HEARING AS REQUIRED BY LAW,
PROVIDING A SEVERABILITY CLAUSE; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, a need for water system improvements and sanitary sewer system
improvements has been established by the City of Grapevine through its approved
Water and Sanitary Sewer Master Plan; and
WHEREAS, water system improvements and sanitary sewer system
improvements in northeast Grapevine are a high priority to the City af Grapevine; and
WHEREAS, water system improvements and sanitary sewer system
improvements in northeast Grapevine are a significant benefit to the overall health,
safety and welfare of the general public and the citizens of the City of Grapevine; and
WHEREAS, the water system improvements and sanitary sewer system
,�,,� improvements would result in substantial special benefits to the owners of abutting
property; and
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 said water and sanitary sewer system facilities in the referenced area, and
� 5 I � ! ��� ? � 6 � I � { �3 I � 2 � 5
�>.�
has submitted such plans and specifications to the City Council of the City of
Grapevine, Texas, at its regular meeting held on the 1 st day of August, 1995, and the
same having been examined and reviewed by the City Council of the City of
�s,�
Grapevine, Texas, and found to be in all matters and things proper; and
WHEREAS, the plans and specifications for the improvements hereinafter
described are on file in the office of the Director of Public Works, 307 West Dallas
Road, Grapevine, Texas, 76051 , Room 214.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1 . That all matters stated in the preamble are found to be true and
correct and are incorporated into the body of this ordinance as if copied in their
entirety.
Section 2. The plans and specifications for the improvements herein described
in Section 3 hereof prepared by the Director of Public Works for the City of Grapevine,
Texas and presented to the City Council in its regular meeting on August 1 , 1995,
� � and now on file with the Director of Public Works are approved and are hereby ratified
and confirmed. '
�.:�
Section 3. The City Council finds and hereby ratifies and confirms said findings
that a public necessity exists for the permanent improvements of the following water
and sanitary sewer facilities in northeast Grapevine within the area described in Exhibit
"A" attached hereto:
Line A 30" & 24" Sanitary Sewer Line 6,000 LF
Line B 12" Sanitary Sewer Force Main 5,000 LF
Line C 10", 12", and 15" Sanitary Sewer Line 5,000 LF
Line D 12" Water Line 6,000 LF
Line E 10", 12", and 15" Sanitary Sewer Line 5,000 LF
Line F 10", 12", and 15" Sanitary Sewer Line 8,000 LF
Line G 16" Water Line 3,000 LF
Line H 12" and 16" Water Line 12,000 LF
Line I 16" and 20" Water Line 1 1 ,000 LF
Line J 12" Water Line 3,000 LF
Denton Creek Sanitary Sewer Lift Station 1 Each
�� Section 4. The costs of the improvements shall be paid for as follows, to wit:
A. The abutting property and the owners thereof shall be assessed and pay
,,� for ninety percent (90%1 of the cost of the water system improvements
and sanitary sewer system improvements, the Denton Creek Lift Station,
ORD. N0. 95-57 2
� 5 � � � '�� % Q � 3 � ZIUi �: � � �i
���
and all appurtenances. The cost of such improvements shall be assessed
against the owners and their property respectively in accordance with
what is known as the "Front Foot Rule" in proportion as the frontage of
�,�
the property abuts on a public street; provided that if the application of
the above mentioned Front Foot Rule would result in injustice or
inequalities in particular cases, the City Council shall apportion and
assess these costs in the proportion it considers to be 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 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 particular property abuts at the rate of
seven percent (7 %) per annum, determined as of the date of the notice
� provided for in Subchapter D, Section 402.069, Texas Local Government
Code, payable annually except as to interest on the first installment,
which shall be due and payable on the date said installment matures,
provided that any owners 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 and the enhanced value thereof by means of said
improvements upon which the particular property abuts, as ascertained
at the hearing 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.
Section 5. The improvements provided for herein will be made and
constructed, and there shall be notice given, hearing held and assessments levied and
all proceedings will be taken and had in accordance with the terms and provisions of
� Subchapter D, Sections 402.061 - 402.075, Texas Local Government Code, under
which law these proceedings are taken.
Section 6. A public hearing is called for September 5, 1995 at 7:30 PM in the
ORD. NO. 95-57 3
� 5 � � � ��� ? (� � �F � � � �ii ,:' � � 7
�s�
City Council Chambers, Municipal Court Room # 205, 307 West Dallas Road,
Grapevine, Texas.
�,,�
Section 7. The improvements 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.
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 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.
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. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance or application thereto any person or circumstances is held invalid or
°�' °` unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby
�;,;� declares it would have passed such remaining portions of this ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 11 . The fact that the improvements thereof approved as herein
provided were determined to be in need of being improved without delay created an
emergency and public necessity for the immediate preservation of the public peace,
health and safety which required 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 on this the 1st day of August , 1995.
APPROVED: " "� �>
`�±�G /i r
.., �-�., +
k r _ *,� .�' ,
€� 2 y_i F a
+ . � �....
. —��1 � �y�,��� �. . .
�:ae .. ., -;� ��k �.
William D. Tate
Mayor -� �-• '•,., , � $
».
f� , j �.y t
. . . �M )•r . .
. . ' :..�.xJ.u3.e• . .
ORD. N0. 95-57 4
� 5l9I �� � � � 5 I � � u � � 2 � �
ATTEST:
Linda ff
City Secretary
APPROVED AS TO FORM:
-�� _ .�
John F. Boyle, Jr.
City Attorney
�
�
ORD. NO. 95-57 5
� 5 � � ! �,f � �� � �
1 � 1 � � � � � �
.....�...r
Exhibit "A" to Ord. 95-57
' P � of 1
• � � AREA OF WATER & �
_ , - � .�
,� .a
�ANITARY SEWER SYSTEM �� ` `
�
- �.� �,�
- o,��
IMPROVEMENTS � ���—,,�
�„� ��
--- B � / ,.
i
♦
ti J l •. :� <l ul�e��r avuNrt� �. �� �' a \='.\ i �.
�. .� ��. .��A �t� � '� �' � �` �� �f � _�- % � }�'—�--'� �f
1i•� �� , ,� i �
� l � � � �` ` , /'
:��-----� � ^ l / �/ f� , � � , , ��
�}I- ^ � C( �^ f % ° �t� /�
4'-�" � _ /•
� � �-�
.�`--�� O _ _ � �y �� _ - � ��'. � /^- � \ '
1J
7 �--ry ° �-��� � � �i \ I `� �/ ,
f`, � � i
6 6 C Q � C 1 �� .� / ��� ��j���� � ��� /
/% ` � ,'� \ i 1 v / %%' f �•
� \ ( � �K i �
r '�� \ aj '� 'y / '` ' �,, ' j/ -
`� i � i�
/,�j��� � �� � �` r.._ � ' ,_ �"r� �, � � ��''�%'� _, c�'`
� ;i, ( ` � , � �_-., � / R � ( i �,J�;'-' '�
k jl "� ' '- r (t:-�-J. • � - �,✓ f �,�;%? � �
� a>, �, '/�. / �,1�v � r` � �, � /// 1'� �
���` �r � / 1 ���J. ��'� ������t `'-� 1 i, � �� •iri
il����t,,,i� �J i - � JJ �� �U -j � ; ,r� -
;:��;ii'�'�:,° � � j��—� , ' `� '�`'`- `�� � �( �{J-�� /�
��..�1���'��� � a •� � �C��L �'; ' �� � ) � �'I t ! � i���
x i � � , �� �1 I ,�
..dIgII''',,.�,� L s.%lj� 1'< X� i� t�f�✓ \ i ./� .:'��\1 f 1 i �f��� .�V
''�Il,l'���1: r�� `� � -�l� r�4l,/t��. ^�� ' �i�") � I ,,--� i� /i 4
� �t .�4 F i, �� �i �� -� --� - � ,i -,��
� ��,�����".;.t �%' r�.°> �r (�; . ,' �,� ,/'%,:�;
r i;'f�-1t .r ""`i/� - ) i ' �''� �� ; {�,�' i
�� l�i�t��� � �`j' � .% /�,�� ; � ; I f,l .� �/ f/,. _.
Y�:.J+�{jl�itVlr�' \�� ``.! `p /; � � I �;—��-, 9! �`l� �� �
s��1.�,`I ,�j� {v; 6'�
Z,�,Y�� )�J � �f r , / ,�� �
�.�r�,��,���.� �� � � �.%� ��� �
rw ° , �--�/ ' ` �,f� i
de�l���t�� - � ; i�' �' �,� %/��/'/�.r � '. i
,, '� � /�' ` I � J , 1, //�;�j/// 1:
'l� �'//./ X I__ . 1 � �
� �h,� � � /�� � � � �� �������� � �� ��.. � ����`:-��� ��i� V
! ',�` + � I�: iii�G�i� I 't-� I�:n���L'IU.i�y i_�
311 � /;�,//�� I
'`'� � � ` � �`'��--` ;�%�y%% i1� /"�f_"
oi t �1 + � ��f��� � /� ._
-� ���� � ���;� :� ���,r�y � - _ -
✓� r- �
� � :� ✓� �
i �. � i' Q � . � � ��'
�� r a ro i
-1�; - " � , � _=..
i
,�� _ � � �, o % �- ; ' '
,.� ;
�� ; ;s � ' ' °; , ��� �:,�;�
j % _%� � `;' ,—`,'��-�,
�, � - � ,� p i j , � � _�__-__._
'J� ti ctrr- o� r,ra�e��rn�e
I � � y
� '' i a �
,,�" j� � � ;o \ �
;;���
.\ �
:��� B ,��� �'+ ,
, �
,,
-( � �
�.
��r e � �� �� � . .
<� . � .. � \� .
( /
�� F
���
.. � . n . �
�� 5 � � I �� � �� � 7
� � t ��,; , �% � � (1
� „ r � , . �
r
�,-�
�
�' x� D195167137
CITY OF GRAPEVINE
P 0 BOX 95104
GRAPEVINE, TX 76099
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--?� O N O T D E S T R O Y
I N D E X E D -- T A R R A N T C O U N T it' T E X A S
S U Z A N N E H E N D E R S 0 N -- ��JUNTY CLERK
0 F F I C I A L R E C E I � T
T O: CITY OF GRAPEVINE
RECEIPT NO REGISTER RECD-BY �RINTED DATE TIME
195295518 DR93 T003957 U9/14/95 09 :26
�...�,
� INSTRUMENT FEECD IN��'XED TIME
�,;� 1 D195167137 WD 9�"914 09 :26 CK 98150
T O T A L : DOCUMENTS: O1 F E �' S : 19 . 00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE t��NTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE C}r COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDEc'.�►L LAW.
�"�M
�� � � � � _.� �` �� � �
1 � 1 � � � � 7 {
6 � Q2 �A� l6 � S � , . . � , _- .. �
.
�E�.�n
.
t ;�
r;- ��--�� ., (',� �. ! 3
.�.� .7L.i L_� l�1f [ '
� ?R C^1
�-i7 . .. � �`.f�.J��j �
���*� '' i"f 1-.�',l
_c 1�1
�A�`:;� .'i'-�� Y
e
o��a�s
os°a�a Q,S
��T`,�S`c, O��t,~�a e0
te�ce ��C a�6z,�Q
.� �°• � •� ` ;`s�a
ss o� '� a" -`5
rF �r`�o` J��� re5e
c�y °o ('O o° �° +a
��` o` a c'� �e
�os ge t�����L cti'�'
\`,�.¢`ao9�. ��t �c,`ao
�°��`i •�a\\ ec� �J`��� f�`�
mte�Q,`oa S,�F�aS O� ��7
\y�OC�a JCa AC''�\C 9Pi,y�h � e+��
o,,a,��e���-r F°,��� � '�
P Q qe��� e��`°°��`Oa, '\ OJ���'
p'��}`pt
a�c°�� ,�`r��� o° ` G
�S�Pe��'�a �r��. � � ��ay �, �
�r FQ �� 1� �a
z`���°oo� ��`,..
•
��``� .. C��'
� � .;�
�
� D1i� J
;i,��4_ G�
���+7.�-%��:
'���..�r'�,^_k�
�tc.
F,.�,...�q
w,.,,W