Loading...
Ordinance 1988-21 7973 823 70020 ORDINANCE NO. r r t O AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF IMPROVING AND PAVING PORTIONS OF THE FOLLOWING STREETS IN THE CITY OF WYLIE, TEXAS, TO -WIT: S. BALLARD STREET SOUTH FROM 1206 S. BALLARD THRU 1600 BLOCK OF S. BALLARD STREET PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREET, AND PROVIDING FOR THE COLLECTION THEREOF, PROVIDE A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, heretofore in action taken at a duly authorized, regular meeting, the City Council of the City of Wylie did order the improvements of S. Ballard Street south from 1206 S. Ballard thru 1600 S. Ballard by a process of filling, raising, grading, paving and general reconstruction; and, WHEREAS, pursuant to said resolution, specifications and an estimate of the cost of such improvements were prepared for said work by the City Engineer for the City of Wylie, presented to said Council, examined, approved, and adopted by it, all as required by applicable law; and, WHEREAS, in compliance with the law, the Engineering Department for the City of Wylie and the Tax Assessor /Collector for the City of Wylie, prepared statements or lists showing the names of property owners upon said street, the description of their property, the total cost of said improvements, the cost thereof per square foot and cost to each property owner, along with an appraisal report from the firm of Lane and Associates, Professional Real Estate Appraisers and Consultants, McKinney, Texas, for and on behalf of the City of Wylie, Texas prepared statements or lists showing the names of property owners upon said street, the description of their property, estimated value before improvement and estimated value after improvements and estimated enhancement or damaged to the property; said statements possessing all other requisites required by law; and, X973 626 WHEREAS, thereafter the said statements were filed with the City Council and by them examined and approved and said Council determining the necessity of making an assessment for part of the cost of said pavement against property owners and their property, and fixing a time and providing for a hearing to such property owners, all in accordance with the terms of applicable law, at which hearing said owners were to be heard as to the benefits of the said improvements to their property, as to any error or invalidity in said proceedings, or to any matter or thing connected with the said improvements; and, WHEREAS, the City Council did, by quorum vote, set August 23, 1988 as the date for the public hearing on said improvements; and, WHEREAS, in accordance with the terms of the law, and as directed by the City Council of the City of Wylie, Texas, the City Secretary, for and on behalf of the City of Wylie, Texas, gave notice to the property owners on said street of said hearing, by advertisement inserted three (3) times in the Wylie News, the official newspaper of the City of Wylie, the first such publication being at least twenty -one (21) days before the date of the hearing; and did give additional written notice of the hearing by depositing in the United States mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting said street, as the names of such owners were shown on the then current tax rolls of the City of Wylie and at the addresses so shown; provided, however, that any failure of the property owners to receive said notices shall not invalidate these proceedings; and WHEREAS, said hearing was held at the time and place as advertised, on Tuesday, the 23rd day of August, 1988 at 7:00 P. M. in the Council Chambers of the Municipal Complex at 2000 Highway 78 North, Wylie, Texas, which hearing was then closed; and, WHEREAS, at said hearing, all desiring to contest the said assessments, correct the same, or in any manner be heard concerning the benefits thereof, or in any related matter, were heard, and errors and all matters of error or mistake or inequalities or other matters requiring rectification which were called to the attention of the Council were rectified and corrected; `978 827 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 That the action of the City Council closing the hearing and overruling the protests where no change or revision was made by the City Council, at the public hearing on the 23rd day of August, 1988, in these proceedings is hereby ratified and confirmed by this ordinance. That the City Council, from the evidence, finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon the streets herein above mentioned and against the owners thereof; that such assessments and charges are right and proper, and are substantially in proportion to the benefits to the respective parcels of property by means of the improvement in the unit or district for which such assessments are levied, and establish substantial justice, equality, and uniformity between the respective owners of the respective properties and between all parties concerned, considering the benefits received and burdens imposed. The Council further finds that in each case, the abutting property assessed is specially benefited in enhanced value to the said properties by means of the said improvements in the unit or district upon which the particular property abuts, and for which assessment is levied and charge made, in a sum in excess of the said assessment and charge made against the same by this ordinance. The Council further finds that the apportionment of the cost of the improvements is in accordance with the law in force in this City and that the proceedings of the City heretofore had, with reference to said improvements, are in all respects valid and regular. SECTION 2 There shall be and is hereby levied and assessed against the parcels of property herein above mentioned, and against the real and true owners thereof (whether such owners be correctly named herein or not), the sums of money below mentioned and itemized shown opposite the description of the respective parcels of property, and the several amounts assessed against the same, and the owners thereof, as far as such owners are known, being as shown in the attached Exhibits "A" and "B SECTION 3 Where more than one person, firm or corporation owns as interest in any property above described, each said person, firm or corporation shall be personally liable only for its, his or her pro rata of the total assessment against such property in proportion as its, his or her respective interest bears to the total ownership of such property, and its, his or her respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. 972 828 SECTION 4 The several sums as mentioned in the attached Exhibit "A Exhibit "B" and assessed against the said parcels of property and the owners thereof, and interest thereon at the rate of eight percent (8 simple interest, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims except State, County, School District and City ad valorem taxes. The sums are so assessed against the abutting property and the owners thereof, may be, at the owners option, paid in full within ninety (90) days with no interest accrued, within a thirty six (36) month period, at eight percent (8 interest simple interest; within Sixty (60) months at eight per cent (8 interest simple interest or within Seventy -two (72) months at eight percent (8 interest simple interest, with interest accruing from the date of completion of the improvements. In the case of the owner opting for the installment plan, the first payment will be due within thirty (30) days of the completion and acceptance of the improvements of any particular unit or district. Any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity, by payment of principal and accrued interest, and further provided that if default shall be made in the payment of any installment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such default is made shall, at the option of the said City of Wylie, or its assigns, be and become immediately due and payable, and shall be collectible, together with reasonable attorney's fees and costs of collection, if incurred. SECTION 5 That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof shall be enforced either by suit in any court having jurisdiction or by lien foreclosure. )973 829 SECTION 6 That for the purpose of evidencing the several sums payable by said property owners and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates may be issued by the City of Wylie upon completion and acceptance of the said work of improvement, which shall be executed by the Mayor, signing the same or by his facsimile signature impressed thereon, attested by the City Secretary, under the impress of the corporate seal, and shall be payable to the City of Wylie, or its assigns, which certificate shall declare the said amounts and the time and terms of payment thereof, and the said rate of interest payable thereof, and shall contain the name of the owner and the description of his property by Lot or Block Number of front feet thereof, or such description as may otherwise identify the same by reference to any other fact, and if said property shall be owned by an estate, then the description thereof as so owned shall be sufficient. And the said certificates shall further provide that if default shall be made in the payment of any installment of principal or interest thereon, when due, then at the option of the said City of Wylie being the owner and holder thereof, the whole of the said assessment shall at once become due and payable and shall be collectible with reasonable attorney's fees and costs if incurred. And the said certificates shall further set forth and evidence the said personal liability of the owner and the lien upon his premises, and shall provide that if default shall be made in the payment thereof, the same may be enforced as above provided. And the said certificates shall further recite that the proceedings with reference to making said improvements have been regularly held in compliance with the terms of the applicable law, and that all pre- requisites to the fixing of the lien and claims of personal liability evidenced by such certificates have been performed, which recitals shall be prima facie evidence of the facts so recited and no further proof thereof shall be required. That the said certificates shall also provide the amounts payable thereunder shall be paid to the Director of Finance of the City of Wylie, who shall credit said payments upon the said certificates, and shall immediately deposit the amounts so collected in a special fund, which is hereby designated as STREET RECONSTRUCTION FUND and which payments shall be by the Director of Finance paid to the said City of Wylie or other holder of the said certificates, on presentation hereof to him. And the said certificates shall further provide that the City of Wylie shall exercise all legal power, when requested so to do by the holder of said certificate, to aid in the collection thereof; but the City of Wylie shall in nowise be liable to the holder of said certificates in any manner for payment of the amount evidenced by the said certificates or for any costs or expense in the premises, or for any failure of the said City Council or any of its officers in connection therewith. X2 973 (9 3 0 Full power to make and levy assessments, and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof, is in accordance with the law enforce in this City, vested in the City. SECTION 7 All assessments levied are a personal liability and charged against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. SECTION 8 The assessments herein levied are made and levied under and by virtue of the terms, powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the state of Texas, known as Chapter 106 of the Acts of said Session, with amendments, thereto, now shown as Article 1105B of Vernon's Texas Civil Statutes, which said law has been adopted as an alternative method for the construction of street improvements in the City of Wylie, Texas. SECTION 9 The assessments so levied are for the improvements in the particular unit or district upon which the property described abuts, and the assessments for the improvements in one unit or district are in nowise related to or connected with the improvements in any other unit or district, and in making assessments and in holding said hearing, the amounts assessed for improvements in one unit or district have been in nowise affected by any fact in anywise connected with the improvements or the assessments therefore in any other unit or district. SECTION 10 That the City Manager, or his designee, is hereby authorized to execute releases of any paving assessment liens herein levied and assessed against the parcels of property and owners thereof, if same are fully paid, such releases to be approved as to form by the City Attorney and attested by the City Secretary. SECTION 11 If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 12 This ordinance shall take effect immediately form and after its adoption as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THIS THE 23RD DAY OF AUGUST, 1988. Chuck Trim. e, Mayor ATTEST: 090INIMflN,» A iOF Carolyn nes,y Secr y+�.+1 Y /E, TEX A S 1H/11H1H11U1 973 331 EXHIBIT A S. BALLARD STREET OWNER LEGAL DESCRIPTION FRONT ASSESSMENT ADDN. BLOCK LOT FOOTAGE WESTWIND MEADOWS MELVIN ST. JOHN LOT 1, 2, AND 3 277.59 2,517.74 WESTWIND MEADOWS MELVIN ST. JOHN BLOCK 1 LOT 23 128. 910.00 HAROLD PHILLIP WESTWIND MEADOWS SHIRLEY J. MCMAKIN BLOCK 1 LOT 19 133.4 910.00 SOUTHPLACE PARTNERS ATTERBURY SURVEY 306.4 2,779.05 TRACT 58 59 ABST. 23 SOUTHPLACE PARTNERS ATTERBURY SURVEY 249.85 2,266.14 TRACT 32 ABST. 23 LONE STAR GAS ATTERBURY SURVEY 50. 453.50 TRACT 34 ABST. 23 SOUTHPLACE PARTNERS ATTERBURY SURVEY 405. 3,673.35 TRACT 36 ABST. 23 SOUTHSIDE FIRE STA. ATTERBURY SURVEY 220. 1,995.40 TRACT 39 ABST. 23 ATTERBURY SURVEY THIRSK CORP. TRACT 38 ABST. 23 1249.05 11,328.88 TWIN LAKES ADDITION FRED KERN ATTERBURY SURVEY 150. 1,360.50 TRACT 33 ABST. 23 VIRGINIA FOOTE E. C. DAVIDSON SURVEY CATHERINE FREY TRACT 8 9 ABST. 267 1570. 10,218.00 JAMES BLAKEY H. L. DOUGLAS SURVEY 220. 1,050.00 TRACT 19 ABST. 292 FOSTER JUSTUS H. L. DOUGLAS SURVEY 155. 770.00 TRACT 3 ABST. 292 BENNIE BLAKEY H. L. DOUGLAS SURVEY 155. 1,050.00 TRACT 18 ABST. 292 0. V. JUSTUS SUTTON SURVEY, TR. 12 200. 1,050.00 ABST. 860; H. L. DOUGLAS TR. 2 ABST. 292 MELVIN K. ST. JOHN H. L. DOUGLAS SURVEY 110. 716.00 TRACT 4 ABST. 292 973 332 EXHIBIT B SOUTH BALLARD AVENUE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL P.1 OVERLAY W 2 IN. ASPHALT 9243 S.Y. $4.00 $36,972.00 P.2 COMPACTING OF EX. ASPHALT 9736 S.Y. $3.35 $32,615.60 P.3 REMOVE EXCESS MATERIAL 1300 C.Y. $5.00 $6,500.00 P.4 CONSTRUCT 4 FT. SIDEWALK 0 S.Y. $16.50 $0.00 P.5 SAW CUT EX. CONC. PAVEMENT 225 L.F. $2.00 $450.00 P.6 CONST. 6 IN. REINFORCED ALLEY 30 S.Y. $17.00 $510.00 P.7 INSTALL 15 IN. CLASS III RCP 0 L.F. $53.00 $0.00 P.8 GRADE DITCH TO DRAIN 151 L.F. 35.00 3755.00 TOTAL $77,802.60 e )973 833 rtC. N f, 15 ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNEN- FORCEABLE UNDER FEDERAL LAW. a r.