Loading...
HomeMy WebLinkAboutO-770-12-86ORDINANCE NO. 770-12-86 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CLOSING A PUBLIC HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON PORTIONS OF JUPITER ROAD FROM THE INTERSECTION OF F.M. 2170 TO THE INTERSECTING POINT OF THE EXISTING CONCRETE PAVED SECTION LOCATED NORTH OF WHITE OAK DRIVE WITHIN THE CITY LIMITS OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN, SUCH HEARING TO RECEIVE EVIDENCE AS TO THE SPECIAL BENEFITS IN ENHANCED VALUE TO ACCRUE TO SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROVEMENT OF SAID STREET, AND AS TO ANY ERRORS TO INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED EXCEPT AS PROVIDED HEREIN; FINDING AND DETERMINING THAT CERTAIN PARCELS OF PROPERTY ABUTTING UPON THE SAID STREET, AND THE REAL AND TRUE OWNERS THEREOF, WILL BE SPECIALLY BENEFITED IN ENHANCED VALUE IN EXCESS OF THE AMOUNT OF THE ASSESSMENT AGAINST THE SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF; LEVYING ASSESSMENTS FOR THE PAYMENT OF A PORTION OF THE COSTS OF THE PROPOSED IMPROVEMENTS TO THE SAID STREET; FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF THE WORK; PROVIDING FOR THE MANNER, TIME AND METHOD OF PAYMENT, AND THE METHOD OF COLLECTION OF THE ASSESSMENTS AND CERTIFICATES; PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE; AMENDING PRIOR ORDINANCES OF THE CITY TO CONFORM HEREWITH; AND PROVIDING A SEVERABILITY CLAUSE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. The City Council of the City of Allen, Texas, hereby finds and determined: A. That the City Council of the City of Allen, Texas, has heretofore, by Ordinance No. 770-12-86 - Page 1 Ordinance No. 760-11-86 duly enacted on the 6th day of November, 1986, determined the necessity for, and ordered the improvement of, Jupiter Road within the limits therein defined, and in the manner and in accordance with the plans and specifications therefor, which plans and specifications were therein approved and adopted by the City Council. B. The City Council has awarded and entered into a contract for the construction of the proposed improvements, said contract being awarded and entered into after the adoption of Ordinance No. 760-11-86. C. A Notice of Enactment of Ordinance No. 760-11-86 as directed by said Ordinance was filed with the County Clerk of Collin County, Texas, in which said improvements and the abutting property were situated. The Notice of Enactment was filed on November 19, 1986. Said Notice provided that a portion of the cost of the proposed improvements would be assessed against the abutting property and the real and true owners thereof. D. The City Council caused the City's Consulting Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount proposed to be assessed against the property abutting said street and against the real and true owners thereof. E. Upon the filing of the estimates by the City's Consulting Engineer, the City Council did on the 20th day of November, 1986, pursuant to Ordinance No. 764-11-86 provide for and order a Public Hearing to be held at 7:30 o'clock p.m. on the 18th day of December, 1986, in the Council Chambers of the Municipal Annex Building, Allen, Texas, at which time and place all persons, firms, corporations and estates owning or claiming any such abutting property, or any interest therein, were to appear and be heard in person by Council. Such Ordinance directed that notices of hearing be made in the manner required by law. F. On November 23, November 26, and November 30, 1986, notices were published in the official newspaper in the City of Allen, as required by law, of the date, time and place and subject of the public hearing to be held on December 18, 1986. On November 21, 1986, and November 25, 1986, individual notices substantially the same as the notice published in the official newspaper were deposited in the United States mail, first class, certified mail, return receipt requested, addressed to the owner of each Ordinance No. 770-12-86 - Page 2 abutting property within the limits of the project, as such ownership is shown on the City's most current tax roll. G. As of December 18, 1986, the construction of the proposed improvements had not commenced. H. On the 18th of December, 1986, after the hour of 7:30 p.m., the public hearing was opened and held in accordance with the above-mentioned ordinance and notice, at which time and place an opportunity was given for all interested parties to offer evidence. All the testimony received on December 18, 1986, is contained and preserved on a tape record which is filed in the Office of the City Secretary and is hereby referred to and made a part hereof for all purposes. SECTION 2. Based on the foregoing, and there being no further protests or testimony for or against or in reference to any of the improvements, benefits or proceedings, the public hearing granted to the real and true owners of property abutting upon the involved street is hereby closed. Except as hereinafter provided, all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 3. The City Council hereby finds and determines, upon the evidence heard at the public hearing, that the special benefits in enhanced value by means of the proposed improvements will be equal to or in excess of the amount of the cost of the improvements proposed to be, and which are herein, assessed against abutting properties and the real and true owners thereof. The parcels of property and the amount of enhancement or special benefits found by the City Council and to accrue to each by virtue of the construction of said improvements are set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. SECTION 4. There is hereby levied, assessed and taxed against the respective parcels of property hereinafter described and abutting upon said street improvements, within the limits herein defined, and against the real and true owners of such property, whether such real and true owners be named, or correctly named, or said property be correctly described herein or not, the several sums of money hereafter Ordinance No. 770-12-86 - page 3 mentioned and itemized opposite the description of the respective parcels of said property, the number of front feet of each, and the several amounts assessed against same, and the true and correct owners thereof, all as more specifically described as set out in Exhibit "B" which is attached hereto and incorporated herein by reference. Each of the assessments set forth in Exhibit 1113" are no greater than the special benefits in enhanced value by means of the improvements accruing to each parcel and the real and true owners thereof. SECTION 5. The City Council is of the opinion and finds that the front foot plan or rule, as applied, in the amount of $156.828461 per front foot does not result in injustices or inequities between the different parcels of property within the project. SECTION 6. The assessments levied pursuant to this ordinance are for a portion of the cost of the improvements, said portion of the costs that are being assessed against the abutting property and the real and true owners thereof are no more than one hundred percent (100%) of the sidewalks and lateral storm drainage, or nine -tenths (90%) of other improvements of the cost of the proposed improvements. SECTION 7. The several sums set forth on Exhibit 111311 assessed against the abutting property and the real and true owners thereof, whether said owners be named or correctly named, or the said properties be correctly described therein or not, together with interest thereon at the rate of eight percent (8%) or the maximum allowed by state law per annum, and with reasonable attorney's fees and all costs of collections, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property against which the same are assessed from and after the date said improvements were ordered by the City Council, and are a personal liability and charge against the real and true 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 sum so assessed shall be payable to the City of Allen, Texas, a municipal corporation, or its assigns, to -wit: In five equal installments of principal, the first of which shall be payable on or before thirty (30) days after the completion and acceptance by the City Council of the improvements and the four (4) remaining installments to be due and payable respective one, two, three, and four years -from and after said date of completion and acceptance of the improvements by the Ordinance No. 770-12-86 - page 4 City Council, together with interest on each installment from said date of completion and acceptance until paid at the rate of eight percent (8%) or the maximum interest allowed by state law per annum, payable annually, past due installments of principal and interest at the same rate per annum until paid, so that upon the completion and acceptance by the City Council, the assessments against each property abutting upon such completed and accepted improvements shall 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 the principal and accrued interest to date of said payment; provided further, that if default be made in any installment, principal or interest when due, the entire amount of said assessment upon which default is made, at the option of the City of Allen, Texas, or its assigns, shall be immediately due and payable and shall be collectable, together with reasonable attorney's fees and all costs and expenses of collection, if any, incurred. SECTION 8. For the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels of said property, and the real and true owner or owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates may be issued by the City of Allen, Texas, which certificates shall be executed by the Mayor and attested by the City Secretary, by their respective manual or facsimile signatures, with the corporate seal affixed, and shall be payable to the City of Allen, Texas. Said certificates to be issued after the completion and acceptance by the City of Allen, Texas, of said improvements. Said certificates shall declare the amounts assessed and the time and terms of payment thereof, the rate of interest payable 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 as accurately as possible, and the description of the property assessed by Lot and Block number, or front foot thereof, or such other description 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 should 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 Allen, Texas, or its assigns, or the holder thereof, the whole of such assessment evidenced thereby shall at once become due and payable and shall be Ordinance No. 770-12-86 - page 5 collectible with reasonable attorney's fees and all expenses and costs 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 a 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 be enforced at the option of the City of Allen, Texas, or its assigns, either by the sale of the property therein described in the manner provided for the collection of ad valorem taxes and above recited, or by suit in any court having jurisdiction. Said certificates shall further recite, in effect, that all the proceedings with reference to making said improvements have been regularly had in compliance with the law enforced 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, evidenced 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 signatures of the Mayor and City Secretary. Said certificates shall further provide, in effect, that the City of Allen, Texas, shall exercise all of its lawful powers, when requested to do so by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as set out above, but the substance and effect thereof shall suffice. Further, the failure to issue any such certificates, shall in no way invalidate any of the assessments herein levied, but such assessment shall, in any event, be due and payable a herein provided. SECTION 9. All such assessments levied are, and shall be, a 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 Ordinance No. 770-12-86 - page 6 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 certificate 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 Allen, Texas. The assessments levied by this Ordinance have been adopted and levied in accordance with the City of Allen Charter and with Article 1105b of Vernon's Annotated Civil Statutes of Texas. SECTION 10. This Ordinance shall become effective and be in full force from and after its passage as provided by law, and it is so ordained. SECTION 11. It is hereby declared to be the intention of the City Council of the City of Allen, Texas, that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of the ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION 12. All ordinances or parts of ordinances of the City of Allen, Texas, in conflict with any provision or provisions of this ordinance are hereby amended to the extent of such conflict, so that the same shall hereafter conform to the provisions of this ordinance. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 18th DAY OF December , 1986. APPROVED: Donald P. Rodenbaugh, Mayor ATTEST: Mai§7 Hendrix, CM City Secretary �_ _ Ordinance No. 770-12-86 - Page 7 Attachment To: Ordinance No. 770-12-86 Adopted 12-18-86 EXHIBIT "A" ENHANCEMENT Special Benefit Parcel Owner Description Frontage Enhancement 1 William E. Campbell Tract 29 15' $.2,282.00 William Perrin Survey Abstract No. 708 2 Jupiter/Allen Joint Venture William Perrin Survey 640' $95,380.00 Abstract No. 708 3 4-T Partnership and Triplet No. 10 William Perrin Survey 612' $74,827.00 Abstract No. 708 G. W. Ford Survey Abstract No. 328 4 First Methodist Church G.W. Ford Survey 38' $62,255.00 Abstract No. 328 5 Allendale Church of Christ William Perrin Survey 203' $33,872.00 Abstract No. 708 G. W. Ford Survey Abstract No. 328 6 Charles W. Knight G. W. Ford Survey 125' $ 5,227.00 Abstract No. 328 7 Cottonwood Business Park David Wetsel Survey 968' $356,756.00 Allen Industrial Foundation Abstract No. 977 G. W. Ford Survey Abstract No. 328 8 Eldon and Brenda Dotson David Wetsel Survey 130' $24,149.00 Abstract No. 977 Attachment To: Ordinance No. 770-12-86 Adopted 12-18-86 Parcel Owner 9 Cecil & Dorothy Grattifiori 10 Robert F. Burkart 11 Alfredo Zevallos 12 Eagle Plaza Shopping Center First City Bank of Garland 13 Eagle Plaza Shopping Center Thomas B. Bennett 14 Eagle Plaza Shopping Center Thomas B. Bennett 15 Maxwell/Wynell Rafkin 16 City of Allen 17 Towne Village Addition Goodman Homes 18 James and Irene Gafne_y Stephen & Irene Voros EXHIBIT "A" PAGE TWO Description David Wetsel Survev Abstract No. 977 David Wetsel Survey Abstract No. 977 David Wetsel Survey Abstract No. 977 Lot 1 David Wetsel Survey Abstract No. 977 Lot IIA David Wetsel Survey Abstract No. 977 Lot IIB David Wetsel Survey Abstract No. 977 G. W. Ford Survey Abstract No. 328 William Perrin Survey Abstract No. 708 David Wetsel Survey Abstract No. 977 David Wetsel Survey Abstract No. 977 David Wetsel Survey Abstract No. 977 William Perrin Survey Abstract No. 708 Special Benef it Frontage Enhancement 299' $26,518.00 563' $395,960.00 324' $86,876.00 254' $104,544.00 240' $82,627.00 * 211' $72,618.00 1039' $176,471.00 745' $126,864.00 299' $76,315.00 940' $530,960.00 Attachment To: Ordinance No. 770-12-86 Adopted 12-18-86 EXHIBIT "A" PAGE THREE Parcel Owner Description 19 Rudolph Johnson - O. Reynolds Young David Wetsel Survey Abstract No. 977 * Assessment to be paid from funds on escrow with City of Allen Frontage 770' Special Benefit Enhancement $223,900.00 Attachment To: Ordinance No. 770-12-86 Adopted 12-18-86 "� " EXHIBIT B TOTAL ASSESSMENT $156.828461 PER FRONT FOOT Parcel Owner Description 1 William E. Campbell Tract 29 William Perrin Survey Abstract No. 708 2 Jupiter/Allen Joint Venture William Perrin Survev Abstract No. 708 3 4-T Partnership and Triplet No. 10 William Perrin Survey Abstract No. 708 G. W. Ford Survey Abstract No. 708 4 First Methodist Church G. W. Ford Survey Abstract No. 328 5 Allendale Church of Christ William Perrin Survey Abstract No. 708 G. W. Ford Survey Abstract No. 328 6 Charles W. Knight G. W. Ford Survey Abstract No. 328 7 Cottonwood Business Park David Wetsel Survey Allen Industrial Foundation Abstract No. 977 G. W. Ford Survey Abstract No. 328 8 Eldon and Brenda Dotson David Wetsel Survey Abstract No. 977 Frontage 15' Total Assessment $ 2,352.43 640' $ 95,380.00 612' $ 74,827.00 38' $ 5,959.48 203' $ 31,836.18 125' $ 5,227.00 968' $151,809.95 130' $ 20,387.70 Attachment To: Ordinance No. 770-12-86 Adopted 12-18-86 Parcel Owner 9 Cecil & Dorothy Grattifiori 10 Robert F. Burkart 11 Alfredo Zevallos 12 Eagle Plaza Shopping Center _ 13 Eagle Plaza Shopping Center Thomas B. Bennett 14 Eagle Plaza Shopping Center Thomas B. Bennett 15 Maxwell/Wynell Rafkin 16 City of Allen 17 Towne Village Addition Goodman Homes 18 James and Irene Gafney Stephen & Irene Voros EXHIBIT "B" TOTAL ASSESSMENT $156.8 8461 PER FRONT FOOT PAGE TWO Description David Wetsel Survey Abstract No. 977 David Wetsel Survey Abstract No. 977 David Wetsel Survey Abstract No. 977 Lot 1 David Wetsel Survey Abstract No. 977 Lot IIA David Wetsel Survey Abstract No. 977 Lot IIB David Wetsel Survey Abstract No. 977 G. W. Ford Survey Abstract No. 328 William Perrin Survey Abstract No. 708 David Wetsel Survey Abstract No. 977 David Wetsel Survey Abstract No. 977 David Wetsel Survey Abstract No. 977 William Perrin Survey Abstract No. 708 Frontage 299' 563' 324' 254' 240' 211' 1039' 745' 299' 940' Total Assessment $ 26,518.00 $ 88,294.42 $ 50,812.42 $ 39,834.43 $ 37,638.83 * $ 33,090.81 $162,944.77 $116,837.20 $ 46,891.71 $147,418.75 Attachment To: Ordinance No. 770-12-86 Adopted 12-18-86 Parcel WE EXHIBIT "B" TOTAL ASSESSMENT $156.828461 PER FRONT FOOT PAGE THREE Owner Rudolph Johnson - O. Reynolds Young Description David Wetsel Survey Abstract No. 977 * Assessment to be paid from funds on escrow with City of Allen Frontage WIN Total Assessment $120,757.91