HomeMy WebLinkAbout91-770 10-22-1991RESOLUTION NO. 91-770
A RESOLUTION DETERMINING THE CITY FOR AND ORDERING THE
IMPROVEMENT OFAPORTIONCFNEESIAY DRIVE, EASTWARD FROEI MINTERS CHAPEL
ROAD TO STATE HIGHWAY 360; PROVIDES THAT A PORTION OF THE COST BE
ASSESSED AGAINST THE ABUTTING PROPERTY AND ITS OWNERS; PRESCRIBING
THE MANNER IN WHICH SUCH ASSESSMENT SHALL BE MATE AND PAID; PROVIDING
FOR THE ISSUANCE OF CERTIFICATE OF ASSESSMENT; DIRECTING THE
PREPARATION OF PLANS AND SPECIFICATIONS; SPECIFYING ACTION UNDER
ARTICLE 11051(B), V.A.T.S. ; DIRECTING THE PREPARATION AND FILING OF
NOTICE; AND DECLARING AN EFFECTIVE DATE.
BE IT RESOLVED BY 7HE CITY CalNCII, OF THE CITY FIJIFSS, TEXAS:
SECTION 1
A necessity exists for the improvement of the following public street in the
City of Euless, Tarrant County, Texas: Midway Drive, from Minters Chapel Road
eastward to State Highway 360.
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 street 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.
SECPION 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.
SECIrION 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 on 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 Fuless, at the rate of the
greater of eight 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 Article 1105 (b), Sec. 9, Revised
Civil Statutes of Texas, 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 %) ceded annually frcau maturity until paid. If
default is made in the payment of any of such installments of 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.
SECPIQI 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's engineers 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 Qxincil is acting under the provisions of
the Act passed at the First Called Session of the Fortieth Legislative of the
State of Texas, ]mown as Chapter 106 of the Acts of such Session, together with
amendments thereto, also ]mown as Article 1105 (b) of Vernon's Texas Civil
Statutes, adopted by the Charter of the City of Euless.
SWITCH 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 at a regular meeting of the City Council, on the 22nd day of
October , 1991, by a vote of 4 ayes, 0 nays, and 1 abstentions.
APPPMED:
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-77(Z4-10--eee .91.ev■..e.e...1-4._
Harold D. Samuel
71UCT Cr LM)
IN TM!
A. IA Y,PD 9IaN27. A-107
TheaANt 03ifIT, ITXA3
71e following described tract or weal of land situated le the
A. Barnard Survey, A-107, Tarrant Canty. Teas and. being •
portion of • 28.4409 acre tract as conveyed to N. T. Ardinger
a Son Co., a Texas Oorporation by deed recorded an peg* 1314 of
Volume 7152 in the Tarrant Comity Deed Meade and being sore
particularly described as relieves
BEGINNING at an iron rod In the pet right -of -ray line of
Minters Chapel road and being S 0 13' 47" 9 a distance of
1626.9 feet feet trot an Lion rod at the soot westerly Northwest
corner of said 28.4489 acre tract and the intersection of the
Cast right- of-way linear said Minters Chapel Need with a corner
cut off line of the Nest right-of -way line of State Highway bb.
360:
TNCCL B 89° 42' 20. 9 a distance of 97.5 feet to an iron rod
at the beginning of • curve to thl left having a tedium of
1136.59 feet whoa center been N 0" 17' 40" 8 • distance of
1136.59 feet:
angletof Northeasterly 27 11 • ddistance of¢ 207.4 feet a through aiarm rod
and being in the Neat right- of�.uy line of aid State Highway
a
tb. 360 d being 8 12° 43' t • distance of 10.06 feet from an
old iron rod in the It right- of-way line of said State Nigiaey
Ib. 360:
7$1209 9 12° 43' 1 along the Net right- of-way line of said
Stet. Highway No. 360 • distance of 80.07 feet to an iron rod
and being an • woe having • radius 0f 1216.59 feet whose
center bean H 10" 19' 43" N • distance of 1216.59 Nett
7NENC2 Soutpweaterly along said curve and through • central
angle of 10 37' 23' • distance of 225.57 feet to an iron rods
77IDCE N 89° 42' 20' N • distance of 87.41 feet to in iron rod
in the test rightf-i.ay line at said Minters Chapel ad and
being N 0' ro lo 13' 47.8 • distance of 814.98 feet from an iron
rod at the Southwest caner of said 28.4489 acre tract:
71111NCS N 0° 13' 47" E along the East right- o1-.ay line of said
!inters Chapel bbd • distance of 80.0 feet to place of
beginning, ing, containing 0.558 acre ac 24,315 equate tat of land.
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SCALE: 1" — 50'
MOST WESTERLY
/ NORTHWEST CORNER
28.4489 oc tr.
28.4489 ac
H.T. ARDINGER & SON CO.
Rec. in Vol. 7152, Pg. 1314
ID
N
ID
P.O.B.
S 89' 42' 20" E —* 87.5' R- 1136.59'•
L='207.40'
27'
8'
0
STATE OF TEXAS
1 HIGHWAY DEPATRMENT
W
W
b
N 89' 42' 20"
.41'
R- 1216.59'
L•225.57'
10'
37' 23"
Y
°0 SOUTHWEST CORNER
OF 28.4489 oc tr
TRACT OF LAND
IN THE
A. BARNARD SURVEY, A -107
TARRANT COUNTY, TEXAS
1 certify to s plat to bee true and
accurate representation of fhb
property as detemined by survey ..
on the
ground -Q
THOMAS L. THOMPSON
REGISTERED SURVEs N
1400 W. EULESS BLVD.
SUITE 102
EULESS TX. 76040
(817) 267-9269
(817) 671-7959 M.
DATE° Aug 27, , q91
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