HomeMy WebLinkAbout99-1024 05-24-1999RESOLUTION NO. 99-1024
A RESOLUTION DETERMINING THE NECESSITY FOR
AND ORDERING THE IMPROVEMENT OF A PORTION
OF HARWOOD ROAD; 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,
SECTION 1
A necessity exists for the improvement of the following public streets in the City of Euless,
Tarrant County, Texas: Harwood Road from 350 feet west of N. Main Street 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 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.
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.
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 City 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 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 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 eight percent (8 %) per annum or the rate payable by the City
on its most recently issued general obligation 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 %) compounded annually from 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.
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. The
performance and payment bonds must be by a surety carrier with a Best rating of "A minus 6" or
better and "T- listed" (Treasury- listed) or the parent company be "T- listed ". They shall provide
that the contractor be paid for the work performed on monthly estimates prepared by the City
Engineer, 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 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.
PRESENTED AND PASSED at a regular meeting of the City Council of the City of Euless,
Texas, on the 24th day of May, 1999, by a vote of 6 ayes, 0 nays, and 0 abstentions.
APPROVED:
(-) cAidt
Mary Lib S w eh, Mayor
ATTEST:
e..41011111, _I
�sari Crim, C ' /AAE, City Secretary