From
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Title
Ordinance calling a public hearing at 6:30 p.m. on November 20, 2012, on proposed paving assessments for Sara Jane Parkway improvements from its dead end east of Great Southwest Parkway to Forum Drive
Presenter
Romin Khavari, City Engineer
Recommended Action
approve
Analysis
Approval of this agenda item to call a public hearing is needed in connection with the legal requirements for levying paving assessments. State law requires at least 21 days notice to property owners prior to the public hearing, which will be scheduled for November 20, 2012, at 6:30 pm.
Financial Consideration
No cost to the City
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF PORTIONS OF CERTAIN STREETS IN THE CITY OF GRAND PRAIRIE, TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; INVOKING THE ALTERNATE PROCEDURE PROVIDED BY ARTICLE III, SECTION 12 OF THE CHARTER OF THE CITY OF GRAND PRAIRIE AND CHAPTER 313 OF THE TEXAS TRANSPORTATION CODE; DETERMINING THAT THE COST OF SUCH IMPROVEMENTS SHALL BE PAID BY THE CITY OF GRAND PRAIRIE; PROVIDING A METHOD OF REIMBURSING THE CITY OF GRAND PRAIRIE FOR A PORTION OF SUCH COSTS BY ASSESSMENT OF A PORTION OF SUCH COSTS AGAINST THE PROPERTY ABUTTING SUCH STREETS OR PORTIONS THEREOF TO BE IMPROVED, AND FOR THE FIXING OF A LIEN TO SECURE A PAYMENT OF SUCH ASSESSMENTS; STATING THE TIME AND MANNER PROPOSED FOR PAYMENT OF ALL SUCH COSTS; APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE CITY ENGINEER, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, AND THE ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROVING OF PORTIONS OF SUCH STREETS WITHIN THE LIMITS HEREINBELOW DESCRIBED, AND OF OTHER MATTERS RELATING THERETO; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENTS AGAINST SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PORTION OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 6:30 O'CLOCK P.M. ON THE 20TH DAY OF NOVEMBER, 2012, IN THE COUNCIL ROOM OF THE CITY HALL OF GRAND PRAIRIE, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTIES AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTIES OR IN ANY OF THE PROCEEDINGS AND CONTRACTS CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS; DIRECTING THE CITY SECRETARY OF THE CITY OF GRAND PRAIRIE, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF GRAND PRAIRIE; DIRECTING THE CITY SECRETARY TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS;
SECTION 1. That a necessity exists for the permanent improvement of those certain portions of public streets hereinafter listed, by excavating, grading and paving same, and by the construction of curbs and gutters where adequate curbs and gutters are not now in place, and such improvements are hereby ordered, the portions of public streets to be so improved being designated and defined by street units as follows:
SARA JANE PARKWAY FROM ITS DEAD END EAST OF GREAT SOUTHWEST PARKWAY TO FORUM DRIVE, W.O. # 591.00
SECTION 2. That:
(a) Each street unit shall be paved with 8 inches of reinforced concrete pavement over a specified subgrade.
(b) Each of said street units shall be paved within the limits set out in Section I, above, curbs and gutters will be installed where the City Engineer of the City of Grand Prairie determines that adequate curbs and gutters do not exist, and necessary drainage facilities will be installed. The plans and specifications for all such improvements, heretofore prepared by the City Engineer of the City of Grand Prairie, and now on file with the City Council, are hereby in all things approved.
SECTION 3. That the City Council of the City of Grand Prairie deems it advisable and hereby determines to proceed under and in the exercise of the powers, terms and provisions of the alternate provision of Article III, Section 12 of the Charter of the City of Grand Prairie and the provisions of Chapter 313 of the Texas Transportation Code.
SECTION 4. That the cost of said improvements shall be paid as follows, to wit:
(a) The entire contract price shall be paid to the successful bidder by the City of Grand Prairie.
(b) The City of Grand Prairie shall reimburse itself for not more than ninety percent (90%) of the cost of the improvements by assessment against the respective abutting properties and the real and true owners thereof in accordance with the provisions of Article III, Section 12 of the Charter of the City of Grand Prairie and applicable provisions of the Statutes of the State of Texas herein referred to. No assessments shall be made against any abutting property or the real and true owners thereof for costs in excess of the benefits to such property in enhanced value thereof by means of such improvements. The amounts of such assessments shall constitute a first and prior lien upon all such properties and a personal liability of the real and true owners thereof, whether correctly named or not, and shall be payable in monthly installments to the City of Grand Prairie, as follows:
When the improvements herein ordered have been completed and accepted by the City of Grand Prairie, the amount of the assessments against each property abutting thereon and the real and true owners thereof shall be and become payable in five (5) equal annual installments, due respectively thirty days, one (1), two (2), three (3), and four (4) years from the date of acceptance of such improvements by the City, together with interest on each installments from said date of acceptance until paid at the rate of 8 percent ( 8%) per annum, payable annually; provided, however, that the owners of any of said property shall have the privilege of paying all or any of said installments at any time before maturity thereof by paying the total amount of principal of such installment together with rest accrued thereon down to the date of payment. Further, if default be made in the payment of any of said installments of principal or interest promptly as the same matures, then at the option of the City of Grand Prairie, or its assigns, the entire amount of the assessment upon which default is made together with reasonable attorney's fees and all collection costs incurred, shall be and become immediately due and payable.
SECTION 5. That the City Council, after having duly advertised for bids in the manner as required by the law and the Charter of the City of Grand Prairie, has approved for the construction of said improvements to Sara Jane Parkway, the bid of $ 4,419,960 by Ed Bell Construction Company, contractor, upon its lowest and best responsible bid therefore submitted on the 26th day of April, 2012, such bid was formally accepted by Council action on the 15th day of May, 2012 and the contract therewith was executed after the furnishing of the performance bond and payment bond, all as required by the advertisement for bids.
SECTION 6. That the estimates of the cost of such improvements and estimates of the amount per front foot to be assessed against the property abutting said street heretofore prepared and filed with the City Council by the City Engineer are hereby in all things approved by the City Council of the City of Grand Prairie, Texas, the amounts of said estimated costs being hereinafter stated and set out.
SECTION 7. That the written statement and report of the City Engineer heretofore filed with the City Council, showing the estimated total costs of all the improvements on said street or units, within the limits above defined, showing the amounts per front foot proposed to be assessed against the abutting property and against the real and true owners thereof for said improvements, showing the total estimated cost of said improvements on each of said street or units proposed to be assessed against and paid to the City of Grand Prairie by the abutting property and the real and true owners thereof to reimburse the said City for a portion of the cost of such improvements and showing the total estimated cost of said improvements on each of said street or units and other matters relative thereto, having been received and examined by the City Council said report and the estimates therein shown are hereby in all things approved and adopted; and it is hereby found and determined by the said City Council, that the estimated amounts of the several respective items of costs of said improvements as above described on each of such streets or units are as follows, to wit:
SEE ATTACHED ASSESSMENT ROLL.
SECTION 8. That a hearing shall be held and given to the real and true owners of, and all parties owning or claiming any interest in any property abutting upon said street within the limits above defined, and to all others owning, claiming or interested in said property or any of said matters, as to the assessments and as to the amount to be assessed against each parcel of abutting property, and the real and true owners thereof, and as to the special benefits, if any, to said property to be received from said improvements, and concerning any error, invalidity, irregularity or deficiency in any proceedings or contract with reference thereto or concerning any matter or thing connected therewith, which hearing shall be held by the City Council of Grand Prairie, Texas, in the Council Room in City Hall of the City of Grand Prairie, Texas at 6:30 O’clock P.M. on the 20th day of November, 2012, at which time and place all persons, firms, corporations or estates owning or claiming any such abutting property or any interest therein, and their agents or attorneys, and persons interested in said proceedings, shall be notified to appear and to be heard in person, or by counsel, and may offer evidence; and said hearing may be adjourned from day to day and from time to time and kept open, until all evidence and protests have been duly offered and heard; and the City Secretary of the City of Grand Prairie, Texas, is hereby directed to give notice of said hearing by publication of Notice in some newspaper of general circulation in the City of Grand Prairie, Texas; said Notice shall be published at least three (3) , times in said newspaper before the date set for said hearing, the first of which publications shall be at least twenty-one (21) days prior to the date of said hearing and such notice by publication shall be valid and sufficient, without any further form or character of notice, as provided for by and in accordance with the terms and provisions of said Chapter 313 of the Texas Transportation Code, as amended, and the alternate provision of Article III, Section 12 of the Charter of the City of Grand Prairie, Texas. However, said City Secretary may, in addition to the contents of the Notice of said hearing, as required by law and the Charter of said City, which shall be for all purposes valid and sufficient in itself, include in any one or all of the publications of said Notice such further data and information regarding such proposed improvements and assessments as the City Secretary may deem proper to acquaint those to whom the Notice is directed with the facts and matters concerning said improvements, assessments and hearing. The form of said Notice, as required by law and said Charter, having been heretofore submitted to the City Council by the City Secretary, same is hereby approved for publication.
SECTION 9. That following such hearing as above provided, assessments will be levied against said abutting property, and the real and true owners thereof for that portion of the costs of said improvements hereinabove determined to be payable by said abutting property and the real and true owners thereof, which assessments shall be a first and prior lien upon said abutting property and a personal liability and charge against the real and true owners thereof. In levying said assessments, if the name of the owner be unknown it shall be sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall be unnecessary to give the correct name of any such owner and no error or mistake in attempting to name such owner or in describing any of said property shall invalidate any assessment or certificate issued to evidence thereof; but nevertheless, the real and true owners of said abutting property shall be liable and the assessment against said abutting property shall be valid whether or not such owner be named, or correctly named, or said property correctly described therein.
SECTION 10. That the construction and installation of the improvements herein ordered in such street unit or portion of street herein designated and described shall be separate and independent of the construction and installation of such improvements in each and every other street unit or portion of street. The assessments to be levied for the improvements in each street unit shall be separate and distinct from each other; and in making and levying the assessments against property for the improvements in each street unit as herein designated and defined, no matter or circumstance in connection with and other such unit shall be considered in connection with the other. Such proceedings as to each of such units shall be separate and independent, all as fully and to the same extent as if separate contracts were executed and separate proceedings had with reference to each such unit.
SECTION 11. That any security, lien, or document which, in the opinion of the City Attorney, is reasonably necessary, in addition to the paving assessments and assignable certificates above mentioned, to secure the payment of the part of the costs of the improvement assessed against the abutting property and the owners thereof, shall be obtained by the contractor. If the contractor is unable to obtain reasonably satisfactory security as to any abutting property or owner, the whole street unit to which the frontage of such property belongs may, at the option of the City of Grand Prairie, be deleted from the contract, and the lien upon the properties abutting said street unit fixed by the filing of notice of the enactment of this Ordinance will be released.
SECTION 12. That each portion of said street hereinabove described constitutes a separate and independent unit of the improvements and shall be improved and the improvements constructed therein as separate and independent from each and every other unit of said streets, and the assessments to be levied for said improvements in each unit or portion of said street shall be altogether separate and distinct and independent of and from the assessments to be levied in every other of said units and portions of said street, and, in making and levying said assessments against the property abutting upon one of said units, no matter or circumstance in connection with any other of said units shall be considered or have any effect upon the other, all as fully and to the same extent as if separate proceedings and contracts had been had and executed with reference to the improvements to be made in each of said units.
SECTION 13. That the City Secretary is hereby directed to cause to be prepared a notice of the enactment of this Ordinance and file said notice with the County Clerk of Dallas and Tarrant Counties, Texas, among the mortgage or deed of trust records of said counties.
SECTION 14. That the fact that the streets and portions thereof to be improved as herein provided are in bad and dangerous condition and should be improved without delay creates an emergency and imperative public necessity for the immediate preservation of the public peace, health, safety and general welfare, all rules requiring more than one reading, or prohibiting the taking effect of said ordinance on the day of 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 16TH DAY OF OCTOBER, 2012.