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HomeMy WebLinkAbout96-952 08-27-1996RESOLUTION NO. 96 -952 A RESOLUTION DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF A PORTION OF FM 157, NORTHWARD FROM STATE HIGHWAY 183. TO STATE HIGHWAY 121; PROVIDING THAT A PORTION OF THE COST BE ASSESSED AGAINST THE ABUTTING PROPERTY AND ITS OWNERS; PRESCRIBING THE MANNER IN WHICH SUCH ASSESSMENT SHALL BE MADE AND PAID; PROVIDING FOR THE ISSUANCE OF CERTIFICATE OF ASSESSMENT; DIRECTING THE PREPARATION OF PLANS AND SPECIFICATIONS; SPECIFYING ACTION UNDER CHAPTER 313, OF THE TEXAS TRANSPORTATION CODE; DIRECTING THE PREPARATION AND FILING OF NOTICE; AND DECLARING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY EULESS, TEXAS: SECTION 1 A necessity exists for the improvement of the following public streets in the City of Euless, Tarrant County, Texas: FM 157, from State Highway 183 to State Highway 121. SECTION 2 Such streets shall be improved by filling, grading, raising, paving, repaving, and repairing in a permanent manner, and by constructing, reconstructing, repairing, and realigning curbs, gutters, and sidewalks, by widening, narrowing, and straightening, and by constructing appurtenances and incidentals to any such improvements including drains and culverts, such improvements to be made separately in any combination or part thereof as may be recommended by the City's engineers and approved by the Euless City Council. SECTION 3 The cost of such improvements shall be borne as follows: (a) The City of Euless shall pay all the costs of intersections with other streets and alleys, adjustments credits and appurtenances, and incidentals to such improvements. (b) There shall be assessed against each abutting property owner an assessment cost established by the City Council of the City of Euless, per front foot of property abutting upon such streets within the limits named in Section 1, and the owners thereof, provided that such assessment cost against each abutting property and property owner shall not exceed all the cost of constructing, reconstructing, repair and realigning curbs, gutters and sidewalks, and further such assessed cost against abutting property owners shall not exceed nine - tenths (9 /10ths) of the remaining cost of such improvements. (c) The remaining cost of such improvements after deducting the portion specified in subsection (a) and the assessed cost against each abutting property owner shall be paid by the City of Euless. RESOLUTION NO. 96 -952 PAGE 1 SECTION 4 Such assessments shall be made according to the "front -foot rule ", in proportion as the frontage of each parcel of property is to the whole frontage improved, unless the application of such rule would, in the opinion of the City Council, in particular cases, result in injustice or costs in such proportions as it may deem unjust and unequitable, having in view the special benefits in enhanced value to be received by such parcels of property and the owners thereof and the equities of such owners. The Council may, in such cases, make an adjustment of such apportionment so as to produce a substantial equality of benefits received and burdens imposed. An adjustment credit shall be allowed for any existing curbs and gutters, which, in the opinion of the City, meet specifications, are on grade, and can be utilized. No assessment shall be made until after the notice and hearing provided by law, and no assessment shall exceed the special benefits in enhanced value to the property and the owners thereof by reason of such improvements. SECTION 5 Such assessment shall be payable in five installments, the first installment being due and payable on the first day of the month following the expiration of thirty days from the date of completion of such improvements and their acceptance by the City of Euless, and one installment to become due and payable on the same date of each succeeding year until the total amount is paid, together with interest on the unpaid balance thereof from the first day of the month following the expiration of thirty days from the date of completion and acceptance of such improvements by the City of Euless, at the rate of the greater of eiaht percent (8 %) per annum or the rate payable by the City on its most recently issued general obligations bonds, determined as of the date of the notice to property owners provided for by Chapter 313, of the Texas Transportation Code, interest payable annually. Any such installment may be paid at any time before maturity by the payment of the principal and accrued interest thereon. Past due principal and interest shall bear interest at the rate of twelve percent (12 %) compounded annually from maturity until paid. If default is made in the payment of any of such installments of principal or interest, the entire unpaid balance of the assessment plus interest shall, without notice to the owners and at the option of the holder of the Certificate of Special Assessment, immediately become due and payable, together with expenses of collection and reasonable attorney's fees, if incurred. In the event of such default, collection shall be enforced by suit in any court having jurisdiction. SECTION 6 The assessed portion of the cost of such improvements may be further secured by Mechanic's Liens to be executed in favor of the City of Euless. Certificates of Special Assessment, however, shall be issued in favor of the City of Euless, whether the owners have executed such Mechanic's Liens or not. RESOLUTION NO. 96 -952 PAGE 2 SECTION 7 The City's engineers shall prepare and submit to the City Council for approval plans and specifications for such improvements. Such specifications shall require a performance bond and a payment bond, each equal to the amount of the bid, and two year maintenance bond. They shall provide that the contractor be paid for the work performed on monthly estimates prepared by the City, and that a ten percent (10 %) retainage shall be deducted from such estimates to be held by the City of Euless until the contract is performed to the satisfaction of the City. SECTION 8 In making such improvements the City Council is acting under the provisions of the Act passed at the First Called Session of the Fortieth Legislative of the State of Texas, known as Chapter 106 of the Acts of such Session, together with amendments thereto, also known as Article 1105 (b) of Vernon's Texas Civil Statutes, now codified as Chapter 313, of the Texas Transportation Code, adopted by the Charter of the City of Euless. SECTION 9 The City Secretary shall prepare a notice of the adoption of this Resolution and file it in the Real Property Records of Tarrant County, Texas. SECTION 10 This Resolution shall be effective immediately upon adoption. ADOPTED this 27th day of August, 1996, at a regular meeting of the Euless City Council, by a vote of 7 ayes, 0 nayes, and 0 abstentions. ATTEST: dOe u ="an CrIm ' C AAE City Secretary APP APPROVED: Mary LI Mayor OVE/ AS TO -4/,4010 ,e /� ✓ f, __ te ar a-% FORM: Ci Attorney RESOLUTION NO. 96 -952 PAGE 3 AFFIDAVIT OF NON - ASSESSMENT STATE OF TEXAS KNOW ALL MIEN BY ' IIESE PRESENTS COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared SUSAN CRIM, in her capacity as the City Secretary of the City of Euless, Texas, and, having been by me first duly sworn, upon her oath, deposed and stated as follows: I am the custodian of the official records of the City of Euless, Texas. On August 27, 1996, the City Council of the City of Euless finally passed Resolution No. 96 -952, determining the necessity for and ordering the improvement of a portion of Farm Road 157, northward from State Highway 183 to State Highway 121, and providing that a portion of the costs could be assessed against abutting property and its owners. Resolution 96 -952, together with a notice of its adoption, was filed in the Real Property Records of Tarrant County, Texas, in order to give notice of the possibility of an assessment lien to be imposed in the future against each tract and parcel bordering that portion of Farm Road 157 to be improved. The City Council of the City of Euless, Texas, later determined not to assess the cost of the improvements to Farm Road 157 against any of the parcels of adjoining property. Therefore, no ordinance levying assessments against any abutting property was ever enacted by the Euless City Council, and no assessment roll was ever prepared nor filed in the Real Property Records of Tarrant County, Texas. The City of Euless, Texas never sought to affix an assessment lien against any tract or parcel of property abutting Farm Road 157 northward from State Highway 183 to State Highway 121 in connection with the improvements described in Resolution 96 -952. Furthermore, the City Council of the City of Euless, Texas, has no intention of making any such assessment against any abutting tract or parcel of property for the improvements described in Resolution 96 -952. FURTHER AFFIANT SAYETH NOT. Executed this 0Q' day of January, 2007. 20 -740 75/ CITY OF EULESS SUS `GRIM, ' C, City Secretary OFFICE OF CITY SECRETARY CITY OF EULESS 201 NORTH ECTOR DRIVE EULESS, TX 76039 BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this `day personally appeared SUSAN CRIM, City Secretary for the City of Euless, Texas, known to me to be - the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said City of Euless, a municipal corporation, and that she executed same as the act of such municipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated_ Given under my hand and seal of office on this cid day of January, 2007. dwt ti rrut/ ?QI % BECKY NULL .. L ",:G= Notary Public State of Texas /\ :hs Commission Expires or`' SEPTEMBER 15, 2010 G:1Docs\EIEuicsslctim- Affidavit of Non- Assessmmt2AQ6.wpd CITY OF EULESS 201 NORTH ECTOR DR EULESS TX 76039 Submitter: FIRST NATIONAL BANK MID - CITIES it *tit.* y. rn W F:• * I`! • SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196 -0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. File! For Registration: 01/09/2007 08:53 AM I men 4: D207009751 AFF 3 PGS 8y_ 1199II191111111199111 101,11,111 111111111111 19991 a!I91119i IQGI D207009751 $20.00 PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.