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HomeMy WebLinkAbout77-422 12-13-1977RESOLUTION NO. 422 A RESOLUTION APPROVING AN ESTIMATE OF THE COST OF IMPROVING NORTH MAIN STREET GENERALLY BETWEEN A POINT 1488.5 FEET NORTH OF ITS INTERSECTION WITH HARWOOD ROAD AND ITS INTERSECTION WITH TRAILWOOD DRIVE IN THE CITY OF EULESS, TEXAS; PROVIDING THAT A PORTION OF THE COST THEREOF BE ASSESSED AGAINST ABUTTING PROPERTY AND ITS OWNERS; PRESCRIBING THE TIME, TERMS AND CONDITIONS OF PAYMENT AND DEFAULTS OF SUCH ASSESSMENT AND PRE -. SCRIBING A RATE OF INTEREST THEREON; ESTABLISHING A LIEN FOR THE PAYMENT OF SUCH ASSESSMENT; PRO- VIDING FOR THE ISSUANCE OF CERTIFICATION OF ASSESSMENT; CALLING A PUBLIC HEARING WITH RESPECT TO SUCH ASSESSMENT; PROVIDING FOR ISSUANCE OF NOTICE AND PUBLICATION OF NOTICE WITH RESPECT TO SUCH PUBLIC HEARING; AND DECLARING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: Section 1: By resolution the City Council of the City of Euless, Texas, has previously determined a necessity for the improvement of North Main Street in the City of Euless, Tarrant County, Texas, generally between a point 1488.5 feet north of its intersection with Harwood Road and its intersection with Trailwood Drive and that such street be improved by filling, grating, raising, paving, repaiving and repairing in a permanent manner and by con- structing, reconstructing, repairing and realigning curbs, gutters and sidewalks, and by widening, narrowing and straightening, and by constructing appurtenances and incidentals to any such improvements to be made separately in any combination or part thereof as may be recommended by the City Engineer and approved by the Euless City Council. By such aforementioned resolution the City Council of the City of Euless also evidenced its intention to assess a por- tion of the costs of such improvements against the abutting prop - perty thereto and owners thereof and instructed the City Engineer to prepare necessary estimates of the costs of such improvements so as to allow such Council to proceed thereon in the manner re- quired by law for determination of assessments. Section 2: The City Council of the City of Euless, Texas, acknowledges receipt of an estimate of the costs of improvements hereinbefore stated as prepared by the City Engineer ,•►, of the City of Euless, Texas, and herewith establish for purposes hereof the costs of such improvements as $307,521.74. Section 3: The estimate of costs of such improvements prepared by the City Engineer of the City of Euless, Texas, is herewith approved in the amount of $307,521.74. The cost of such improvements shall be borne as follows: (a) There shall be borne against each abutting prop- erty presently zoned for single family residential use only under the zoning code of the City of Euless and the owner thereof an assessment not to exceed $25.33 per front foot of property abutting upon such street within the limits named in Section 1. (b) There shall be borne against each abutting prop- erty presently zoned C -1 or C -2 under the zoning code of the City of Euless and the owner thereof an assessment not to exceed $50.66 per front foot of property abutting upon such street within the limits named in Section 1. (c) An adjustment credit equal to the full amount of such assessment shall be allowed for each front foot of property abutting upon such street which has existing curbs and gutters and prior street improvements made at the expense of the then owner or owners of such abutting property which in the opinion of the City Engineer, meet specifications, and are on grade and can be utilized. (d) An adjustment credit shall be allowed equal to one -third of such assessment per front foot, for improved property where such street constitutes a side street as to such improvements. (e) An adjustment credit shall be allowed equal to one -half of such assessment per front foot for improved property where such street constitutes a rear street as to such improvements. (f) The remaining cost of such improvements after deducting the assessment with adjustment credits as above provided for shall be borne by the City of Euless, Texas. 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 inequality, in which cases the City Council shall apportion and assess such costs in such proportions as it may deem just and equitable, having in view the special benefits in enhanced value to be received by such parcels of property and the owners thereof, the equities of such owners, and the adjustment of such apportionment so as to produce a substantial equity of benefits received and burdens imposed. Such assessment cost shall not exceed the special benefits of such abutting property and such owners in the enhanced value thereof by means of such improvement as determined at the public hearing hereinafter called nor shall same exceed all the cost of constructing, reconstructing, repairing and maligning., curbs, gutters and sidewalks, and nine - tenths of the ramsining cost of such improvements. Section 5: Such assessments shall be payable in five install- ments, 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 eight percent (8 %). per annum, 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 eight percent (8 %) compounded annually from maturity until paid. If default is made in the payment of any of such installments 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 Assess- ment, 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. Section 7: In making such improvements the City Council is act - ing under the provisions of the Act passed at the First Called Session of the Fortieth Legislature 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, adopted by the Charter of the City of Euless. Section 8: A public hearing is hereby called for the 10th day of January, 1978, as required by law to provide an oppor- tunity for all interested parties to be heard with respect to the assessment proposed herein. Section 9: The City Secretary is directed to publish and other- wise give, as required by law, notice of the adoption of this resolution and the - public hearing herein called for. Section 10: This resolution shall be effective from and after its date of adoption. ADOPTED by the City Council of Euless, Texas, at a regularly scheduled meeting on this the 13th day of December, 1977,_ by a vote of 5 Ayes, 0 Nays and 0 Abstentions. ATTEST: APPROVED: Harold Samuels, Mayor Della Houy, City Se ietary