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Title
Ordinance authorizing collection of paving assessments for Forum Drive from Waterwood to SH 161
Presenter
Romin Khavari, City Engineer
Recommended Action
approve
Analysis
The paving and drainage improvements for Forum Drive from Waterwood to SH 161 have been completed and accepted by the City of Grand Prairie. In connection with this project a paving assessment hearing was held on June 21, 2011 to consider assessments of adjacent property owners in connection with the paving improvements. Subsequent to the hearing the City Council by Ordinance No. 9216-2011 levied assessments against one property in the amount of $741,241.93.
The paving and drainage work associated with this project was completed and accepted by the Engineering Division on August 24, 2012. This ordinance will authorize collection of the assessments.
Financial Consideration
No financial consideration.
Body
AN ORDINANCE RATIFYING AND CONFIRMING ACTIONS HERETOFORE TAKEN BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS AND THE OFFICERS AND EMPLOYEES OF SAID CITY; MAKING CERTAIN FINDINGS IN CONNECTION WITH THE IMPROVEMENTS ORDERED MADE IN CONNECTION WITH PAVING AND DRAINAGE IMPROVEMENTS ALONG FORUM DRIVE FROM WATERWOOD TO SH 161, WO #0909901-03; ACCEPTING THE IMPROVEMENTS CONSTRUCTED, THE SAME BEING IN CONFORMITY WITH PLANS AND SPECIFICATIONS, AND THE CONTRACTS FOR THEIR CONSTRUCTION; AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO DO AND PERFORM CERTAIN ACTS IN CONNECTION WITH THE ACCEPTANCE OF THE IMPROVEMENTS AND TO EVIDENCE THE PAYMENT FOR THE WORK PERFORMED; DECLARING AN EMERGENCY; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE
WHEREAS, by Ordinance No. 9193-2011 duly passed and adopted on April 19, 2011, this City Council declared and determined the necessity for paving and drainage improvements along Forum Drive from Waterwood to SH 161, WO #09009901-03 ordered the construction of all of the aforesaid improvements, approved plans and specifications for all the improvements ordered made; and
WHEREAS, thereafter on June 21, 2011, a public hearing was held and all persons owning or claiming any property proposed to be assessed or any interest therein were given an opportunity to be heard, either in person or through an agent or attorney, and all were given an opportunity to testify before the City Council and to contest any assessments proposed to be made on account of the amount thereof or because of any inaccuracy, irregularity, invalidity or insufficiency of the proceedings or contract with reference thereto, or to such improvements or on account of any matter or thing in the discretion of this governing body; and
WHEREAS, on June 21, 2011 the City Council then closed the public hearing, and by Ordinance No. 9216-2011 levied assessments against certain properties and the owners thereof in certain improvement areas, being more fully described as follows:
PAVING AND DRAINAGE IMPROVEMENTS ALONG FORUM DRIVE FROM WATERWOOD TO SH 161, WO #09009901-03; and
WHEREAS, in the aforesaid Ordinance adopted on June 21, 2011, this City Council approved the assessment roll, a copy of which is marked "Exhibit A" and attached hereto, showing the names of the property owners, the descriptions of the properties, the amounts to be assessed against such properties, and the real and true owners thereof, and in such Ordinance found and determined that such properties and the owners thereof would be specifically benefited by the construction of the proposed improvements and that such benefits would exceed the respective amounts proposed to be assessed for such improvements; and
WHEREAS, this City Council theretofore entered into contracts for the construction of the improvements proposed to be made, and the City Engineer of this City has presented a statement showing the improvements ordered made in the areas hereinabove described have been completed in accordance with plans, specifications and the contracts for the construction thereof, and that the final measurements have been taken and the value of the work performed and material supplied is as set forth in the plans and specifications; and
WHEREAS, it is now appropriate for this City Council to approve and accept the improvements which have been constructed in the aforesaid area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1: That all action heretofore taken by this City Council and by City officials at the direction of this City Council in connection with the paving and drainage improvements along FORUM DRIVE FROM WATERWOOD TO SH 161, WO #09909901-03; are hereby ratified and confirmed.
SECTION 2: That it is specifically found that the improvements ordered made in the area described above, were done and performed in accordance with the plans and specifications which were approved by this City Council; that the benefits to accrue to the properties assessed and to the owners of such properties exceed the amount which has been assessed therefore.
SECTION 3: That the improvements constructed are hereby accepted by the City.
SECTION 4: That the City Manager and the City Secretary are hereby authorized and directed to carry out the terms and provisions of this ordinance by causing the costs outlined in the assessment roll to be recorded by the Finance Department in the names of the property owners and in the amounts shown on said assessment roll.
SECTION 5: That the public importance of this measure and the fact that it is in the best interest of the City and its inhabitants to provide for the acceptance of said improvements and to provide for the payments herein ordered to be made, constitute this ordinance one for the immediate preservation of the public business, property, health and safety of the City and creates an emergency requiring this ordinance to be passed on the date of its introduction.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 18TH DAY OF SEPTEMBER, 2012.