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HomeMy WebLinkAbout85-599 05-28-1985RESOLUTION NO. 85 -599 A RESOLUTION DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF A PORTION OF WESTPARK WAY AND MARLENE DRIVE; 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 ARTICLE 1105 (b), V. A. T. S.; DIRECTING THE PREPARATION AND FILING OF NOTICE; AND DECLARING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 A necessity exists for the improvement of the following public streets in the City of Euless, Tarrant County, Texas: Westpark Way from S. H. 10 to the northern property line of West Park and Marlene Drive from Westpark Way east to Hurricane Creek. 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 Engineer 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, engineering and legal services, adjustment credits and appurtenances, and incidentals to such improvements including drains and culverts. (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 /l0ths) 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. 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 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 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 Engineer, 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 assessments 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 ten (1096) percent 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 twelve (12%) percent 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 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. SECTION 7 The City Engineer 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 Engineer, and that a ten (10 %) percent 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 Engineer. 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 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 9 The City Secretary shall prepare a notice of the adoption of this Resolution and file it in the Deed of Trust Records of Tarrant County, Texas. SECTION 10 This Resolution shall be effective immediately upon adoption. ADOPTED this 28th day of May, 1985, at a regular meeting of the Euless City Council, by a vote of ayes, D nays, and p abstentions. ATTEST: ainey, CI y Secretary APPROVED AS TO FORM: City Attorney APPROVED: Mayor s Harold D. Samue