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Title
Public Hearing and Ordinance levying paving assessments for improvements to Sara Jane Parkway
Presenter
Romin Khavari, City Engineer
Recommended Action
Approve
Analysis
This item is for a public hearing to consider testimony in connection with paving assessments for the construction of Sara Jane Parkway east of Great Southwest Parkway to Forum Drive and also at the close of the hearing to consider levying assessments to be paid by abutting owners.
This new section of Sara Jane Parkway is 1.16 miles (or 6,150 feet) long, four-lane roadway which will now connect Great Southwest Parkway with Forum Drive.
Attached is a copy of the proposed assessment roll for your review. A complete copy of the Roadway Enhancement Study for this project, prepared by Integra Realty Resources, is available in the City Secretary's Office for review.
A copy of the summary pages of the enhancement study dated August 15, 2012, is attached along with an aerial of the tracts.
Approval of this agenda item is needed in connection with the legal requirements for levying paving assessments.
Financial Consideration
No cost to the City
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL TRUE OWNERS OF PROPERTIES ABUTTING UPON SARA JANE PARKWAY FROM EAST OF GREAT SOUTHWEST PARKWAY TO FORUM DRIVE IN THE CITY OF GRAND PRAIRIE, TEXAS; WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE SAID IMPROVEMENTS OF SAID STREET WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREOF; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET WITHIN THE LIMITS DEFINED; FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHODS OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1: That the City Council of the City of Grand Prairie, Texas, finds:
(a) That the City Council of the City of Grand Prairie, Texas, has heretofore by ordinance duly enacted on May 15, 2012, determined the necessity for and ordered the improvement of portions of streets in the City of Grand Prairie, Texas, within the limits therein defined, and in the manner and according to the plans and specifications therefor, which plans and specifications have heretofore been approved and adopted by the City Council.
(b) That a notice duly executed in the name of the City of Grand Prairie, Texas, of the enactment of said above described ordinance has been heretofore, to wit, on the 22nd day of October, 2012, filed with the County Clerk of Dallas and Tarrant Counties, Texas, the counties in which the City of Grand Prairie is situated, and such notice has been duly recorded in Instrument No. 201200313317 of the Real Property Records of Dallas County, Texas and in Instrument No. D212259977 of the Real Property Records of Tarrant County, Texas.
(c) That said City Council after having advertised for bids in the manner as required by law and by the Charter of the City of Grand Prairie, did award the contract for the construction of such improvements to Ed Bell Construction Company, contractor, upon its best and lowest bid therefore.
(d) That the City Council caused the City Engineer to prepare and file estimates of the costs of such improvements and estimates of the amount proposed to be assessed against the property benefited by such improvements within the limits hereinafter defined, and against the real and true owners thereof.
(e) That upon filing of said estimates the City Council did by ordinance duly enacted on October 16, 2012, provide for and order a hearing to be held at 6:30 O'clock P.M. on the 20th day of November, 2012, in the Council Chamber of the City Hall of Grand Prairie, Texas, at which time and place all persons, firms, corporations, and estates owning or claiming any such benefited property or interest therein, and their agents, or attorneys, and all other persons interested therein, were to appear and be heard in person or by counsel, and such ordinance directed the City Secretary to give due notice of such hearing in the manner required by law.
(f) That after due publication of such notice as required by law, and on the 20th day of November, 2012, at 6:30 O'clock, P.M., said public hearing was opened and held in accordance with said ordinance and notice at which time and place an opportunity was given to all of the above mentioned parties, agents and attorneys to be heard and to offer evidence as to all matters in accordance with said ordinance and notice, at which time the following appeared and testified as follows:
(g) That at said hearing no protests, objections or testimony were offered as to said improvements, the contracts or assessments therefor, or as to any of the proceedings in reference thereto except as hereinabove set out; 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, invalidates or irregularities in any of the proceedings and contract 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.
(h) That based on the evidence, matters, testimony, and objections considered at such hearing the said City Council has determined that the properties, and each and every parcel of such property abutting upon the streets and Units as hereinafter set out will be enhanced in value and specially benefited in an amount in excess of the amount of the cost of such improvements proposed to be, and as hereinafter, assessed against each of said parcels of property, abutting upon said streets, and the real and true owners thereof.
(i) That said City Council is of the opinion, and finds, that the Front Foot Plan or Rule, if uniformly applied would result in injustices and inequities between different parcels of property within the same unit; and the City Council has determined to apportion and assesses the cost in a different manner in such proportions as it deems and finds to be just and equitable having in view the special benefits to the enhanced value of the properties.
(j) That said City Council has adopted the rule of apportionment and division of the costs of said improvements between said abutting properties and the real and true owners thereof herein set forth and has found the same to be just and equitable and to produce substantial equality considering the benefits to be received and the burdens imposed thereby; and said City Council has further found upon the evidence considered that the assessments hereinafter made the charges hereby declared against said abutting properties and the real and true owners thereof are just and equitable and that all objections and protests should be overruled and denied.
SECTION 2: That there being no further protests or testimony for or against or in reference to said improvements, benefits or proceedings, said hearing granted to the real and true owners of properties abutting upon said streets or Units, within the limits herein defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, shall be, and the same is hereby closed, and all protests and objections whether specifically mentioned or not shall be, and the same are hereby overruled and denied.
SECTION 3: That the City Council hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon the streets and units hereinafter set out that the enhancement in value to accrue to said property and the real and true owners thereof by virtue of the construction of said improvements in said portions of said streets, will be in excess of the amount of the costs of said improvements proposed to be, and as herein assessed against said abutting properties and the real and true owners thereof; and finds that the apportionment of the costs of said improvements and the assessments hereinbelow made are just and equitable and produce substantial equality, considering the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas and the Charter of said City; and further finds that all proceedings and contracts heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as hereinafter described, and the personal liability of the real and true owners thereof, whether named or correctly named herein or not, have been in all things regularly had and performed in compliance with the law and the proceedings of said City Council.
SECTION 4: That in pursuance of said ordinance duly enacted by said City Council authorizing and ordering the improvements of said streets and units as hereinbelow set out, which ordinance was passed, as aforesaid, on May 15, 2012, and in pursuance of said proceedings heretofore had and enacted by said City Council in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas, with particular reference to Chapter 313 of the Texas Transportation Code, as amended, and Article III, Section 12 of the Charter of the City of Grand Prairie, Texas, there shall be, and is hereby levied, assessed and taxed against the respective parcels of property hereinafter described and abutting upon the said streets and units hereinafter set out within the limits below defined and against the real and true owners of such property whether such real and true owners be named, or correctly named, or said properties be correctly described herein or not, the several sums of money hereinbelow mentioned and itemized opposite the description of the respective parcels of said property, and the number of front feet of each, and the several amounts assessed against same and the real and true owners thereof, and the names of the apparent owners thereof, all as corrected and adjusted by the City Council, being as follows, to wit:
SEE ATTACHED ASSESSMENT ROLL
SECTION 5: That the assessments levied in Section 4 above are for a portion of the costs of said improvements in the street and units therein set out, and the assessments for the improvements in said units are in nowise related to, or connected with, the improvements or assessments in any other of the streets or units described in said ordinance or each other; and in levying said assessments the amount so affected by any fact or thing in any way connected with the improvements or the assessments therefor in any other of said units. The omission of the improvements in any of said streets or units as a whole shall in nowise affect nor impair the validity of the assessments in any other of said units and the omission of the improvements in any particular street or unit in front of any parcel or property exempt from lien of such assessments or against which a valid property assessment cannot be levied, shall in nowise affect nor impair the validity of the assessments against the other properties in such unit.
SECTION 6: That the several sums mentioned above in Section 4 hereof, assessed against said parcels of abutting property and the real and true owners or owner thereof, whether said owners be named or correctly named, or said properties be correctly described herein or not, together with interest thereon at the rate of eight per cent ( 8 %) per annum and with reasonable attorney's fees and all cost and expense of collection, if incurred, are hereby declared to be made a first and prior lien upon the respective parcels of property against which same are assessed from and after the date said improvements were ordered by said City Council, and a personal liability and charge against the real and true owner or owners thereof, whether or not such owner or owners be named or correctly named herein, paramount and superior to all other liens, claims or titles except for lawful ad valorem taxes; and that the sums so assessed shall be payable to the City of Grand Prairie, or its assigns as follows, to wit: in five (5) equal annual installments, the first of which will be payable on or before thirty (30) days after the completion and acceptance of said City Council of said improvements, and the four (4) remaining installments to be due and payable, respectively, one (1), two (2), three (3), and four (4) years from and after said date of completion and acceptance of said improvements by said City Council, deferred payment to bear interest from such date at the rate of 8 percent ( 8 %) per annum, payable annually, past due installments of principal to bear interest at the same per annum until paid, so that upon the completion and acceptance by said City Council of the improvements in any unit or portion of street above defined, the assessments against the property abutting upon such completed and accepted unit shall be and become due and payable in installments and with interest as above provided; however, any owner of such property shall have the right to pay off the entire amount of any such assessment, or any installment thereof before maturity by paying principal and accrued interest to date of said payment; and provided further, that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment upon which default is made, at the option of the City of Grand Prairie, or its assigns, shall be and become immediately due and payable and shall be collectible, together with reasonable attorney's fees and all costs and expenses of collection, if incurred.
SECTION 7: That if default shall be made in the payment of any of said herein assessed against the said parcels of property, and the real and true owner or owners thereof, collection thereof shall be enforce, at the option of the City of Grand Prairie, or its assigns, either by suit in any court having jurisdiction, or by sale of the property assessed as nearly as possible in the manner as may be provided by law in force in said City for the sale of property for the collection of ad valorem taxes.
SECTION 8: That for the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels of property, and the real and true owner or owners thereof, and the time and terms of payment, and aid in the enforcement thereof, assignable certificates shall be issued by the City of Grand Prairie, Texas, to the City of Grand Prairie, Texas, upon the completion and acceptance and payment by the City of Grand Prairie to Ed Bell Construction Company, contractor, for said improvements in any unit or portion of street above defined, which certificates shall be executed by the Mayor in the name of the City, attested by the City Secretary with the corporate seal, and which shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and the acceptance of the improvements for which the certificate is issued; and shall contain the name of the apparent owner or owners by lot and block number or front foot thereof, or such other descriptions as may otherwise identify the same and if the said property shall be owned by an estate or firm, then to so state the fact shall be sufficient, and no error or mistake in describing any such property or in giving the name of any owner or owners, or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof.
The said certificate shall further provide substantially that if default shall be made in the payment of any installment of principal or interest when due, then at the option of the City of Grand Prairie, or its assigns, or the holder thereof, the whole of said assessment evidence thereby shall at once become due and payable and shall be collectible with reasonable attorney's fees and all expenses and cost of collection, if incurred; and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or correctly named therein or not, and the lien upon such property, and that said lien is first and paramount thereon, superior to all other liens, titles, and charges, except for lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, and shall provide in effect, that if default shall be made in the payment thereof, the same may enforced, at the option of the City of Grand Prairie, or its assigns, either by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any court having jurisdiction.
Said certificate shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law in force in said City and proceedings of the City Council of said City, and that all prerequisites to the fixing of the assessment lien against the property and the personal liability of the real and true owner or owners thereof, evidence by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited, and no further proof thereof shall be required in any court.
The said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, which may be signed with the facsimile signature of the Mayor and the City Secretary.
Said certificates shall provide in effect that the City of Grand Prairie, Texas, shall exercise all of its lawful powers, when requested so to do by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates may contain other further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall suffice.
SECTION 9: That all such assessments levied are, and shall be personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and any such mistake, or error invalidity, or irregularity, whether in such assessment or in the certificates issued in evidence thereof, may be, but is not required to be, in order to be enforceable corrected at any time by the City Council of the City of Grand Prairie, Texas.
The total amounts assessed against the respective parcels of property abutting upon the units or portions of streets above set out, and the real and true owner or owners thereof, are the same, or less than, the estimates of said assessment prepared by the City Engineer and approved and adopted by City Council, and are in accordance with the proceedings of said City relative to said improvements and assessments therefor, and with the terms, powers and provisions of said Chapter 313 of the Texas Transportation Code, as amended, and Article III, Section 12 of Charter of said City, under which terms. provisions and powers of said Acts improvements and assessments were had and made by said City Council.
SECTION 10: That should any word, term, clause or provision herein be declared unconstitutional, void or unenforceable, such declaration shall have no effect upon any other word, term, clause or provision or upon any other proceedings or circumstances in connection with which this ordinance is sought to be enforced, and to this end the provisions and terms herein set out are declared distinctly severable.
SECTION 11: That the fact that the portion of the street as heretofore and hereinabove provided for is in bad and dangerous condition and should be improved without delay creates an emergency and imperative public necessity for immediate preservation of the public peace, health, safety and general welfare, requiring that all rules requiring more than one reading, or prohibition the passage of an ordinance on the date introduced and the taking effect of said ordinance on the day of introduction and passage, be and the same are hereby suspended; and this ordinance shall be passed and take effect as an emergency measure and be in full force from and after its passage as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 20TH DAY OF NOVEMBER, 2012.