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Home My WebLink About1070 12-11-1991ORDINANCE NO. 1070 AN ORDINANCE CLOSING A PUBLIC HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF THE COST OF IMPROVING THAT PORTION OF MIDWAY DRIVE, IN THE CITY OF EULESS, TEXAS, BETWEEN MINTERS CHAPEL ROAD AND THE FRONTAGE ROAD TO SH 360, IMPROVING AND WIDENING MIDWAY DRIVE, CONSTRUCTING PAVING, CURB AND GUTTER, SIDEWALKS AND STORM DRAINAGE 1MPROVEENTS, AND FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON AND AGAINST THE OWNERS THEREOF: PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED, DIRECTING THE CITY SECRETARY TO FILE A COPY OF THIS ORDINANCE AND THE ASSESSMENT ROLL AMONG THE DEED RECORDS OF TARRANT COUNTY, TEXAS, TO AFFIX THE ASSESSMENT AND PROVIDE AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 By appropriate act, the City Council of the City of Euless, Texas, has previously determined a necessity for the improvement of that portion of Midway Drive between Minters Chapel Road and the frontage road to SH 360 improving and widening Midway Drive, constructing paving, curb and gutter, sidewalks and storm drainage improvements, and that all of said improvements are to be constructed in strict accordance with the plans and specifications made and recommended by the City's engineer's and approved by the Euless City Council. SECTION 2 The City Council of the City of Euless, Texas, has approved and adopted the City's engineering estimate of costs for such public improvements to Midway Drive, and the Council set a public hearing on November 26, 1991, at 7:00 p.m., and said public hearing was continued to and conclude on December 10, 1991, to determine the enhanced value of property adjacent to that portion of Midway Drive to be improved pursuant to the approved plans and specifications and prepared by the City's engineers. SECTION 3 The City staff, engineers, agents and real estate appraisers provided to the Council and the public testimony and evidence substantiating that property adjacent to that portion of Midway Drive to be so improved was enhanced in value in an amount equal to or in excess of the assessment to be levied by the City of Euless affecting property adjacent to the improved portion of Midway Drive. ORDINANCE NO. 1070 PAGE 1 of 4 SECTION 4 There was at such hearing presented to the public in attendance and to Euless Council a proposed assessment roll for Midway Drive as prepared by the City's engineers setting forth and describing a recommended assessment and apparent credits affecting each separate tract and parcel included therein, a copy of which assessment roll is attached to and incorporated in this Ordinance by reference. SECTION 5 The Euless City Council, from the evidence presented, finds that the assessments set forth in the attached assessment roll for Midway Drive should be made and are hereby levied against the respective parcels and tracts of property abutting Midway Drive in the amounts set forth in Section 8 hereof, save and except for the credits and reductions hereinafter provided. In the levy of such assessment, the Euless City Council has found that such assessments and charges are right and proper and are substantially in proportion to the benefits of the respective tracts and parcels of property by means of the improvements in the unit for which such assessments are levied, and that such assessments establish substantial justice and equality and uniformity between respective owners of the respective properties set forth on the assessment roll and between all parties concerned in consideration of the benefits received and the burdens imposed. The City Council further finds that in each instance the abutting property subject to this assessment is especially benefited in enhanced value by means of the said improvements in the unit upon which the particular property abuts on Midway Drive in a sum in excess of each assessment and charge made against the property shown on the assessment roll. The Council further finds that the apportionment of the cost of the improvements is in accordance with the law of the State of Texas and of the City of Euless, and in compliance with the proceeding of the Euless City Council heretofore had with reference to said improvements, and that such levy of assessments is in all respects valid and regular. SECTION 6 There shall be and there is hereby levied and assessed against the parcels of property described in the attached assessment roll and against the real and true owners thereof (whether such owners be correctly named herein or not) the sums of money itemized below opposite the description of the respective parcels of property as set forth in the attached assessment roll. SECTION 7 The Euless City Council hereby allows full credit reducing the amount of the respective assessment on all those tracts listed on the attached assessment roll heretofore subject to prior deposit by the then owners thereof of assessment funds into the Euless City treasury and there further is allowed the full reduction of the amount of the assessment in those instances where there is no enhanced value pursuant to the evidence presented at the public hearing, and, therefore, the Euless City Council determines that the assessments set forth on the attached roll shall apply only to those owners and the real property therein and hereinafter described and in the amounts hereinafter stated: ORDINANCE NO. 1070 Page 2 of 4 Parcel Property No. Owner 1 H. T. Ardinger 9040 Governor's Row Dallas, TX 75247 • It• lb- wM •1 •.1 W�� - l Tract 3A $3,828.77 A. Barnard Survey A -107 607.901 N/A $68,507.79 $72,336.56 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 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 Assessment, immediately became due and payable, together with expenses of collection and reasonable attorney's fees, if incurred. In the vent of such default, collection shall be enforced by suit in any court having jurisdiction. The Euless City Secretary is directed to file a true and certified copy of this Ordinance among the Deed Records of Tarrant County, Texas, in order to affix an assessment lien against each tract and parcel affected by and made subject to the assessment hereby levied. SECTION 10 This Ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PIUMUM AND GIVEN FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 10th day of December, 1991, by a vote of 5 ayes, 0 nays, and 1 abstentions. ORDINANCE NO. 1070 Page 3 of 4 APPROVED: J Harold D. Samuels, Mayor ATTEST: /G Susan Cram, CMC, City Secretary APPROVED AS TO FORM: f Bob McFarland, City Attorney ORDINANCE NO. 1070 Page 4 of 4 CITY OF EULESS Assessment Roll For MIDWAY DRIVE STREET IMPR( FROM: MINTERS CHAPEL ROAD PROPERTY OWNER DESCRIPTION OF PROPERTY COST OF 112 ASSESSMENT; $/FRONT F, North & South ST/FR. FT. Side of LOT/ BLK/ ADDN OR FRONT COST OF 1/2 C & G ® SDWLK Midway Drive ABST TR SURV & ZON FEET ST/TR. 6.58/FR.FT /FR.FT 1. H.T. Ardinger 1 "A" A. Barnard 294.90 ft 125.22 1,940.44 -0- 9040 Governor's Row Survey Dallas, TX 75247 A -107 33,235.09 (North Side) 2. H.T. Ardinger "A" A. Barnard 312.98 ft 125.22 1,888.33 -0- 9040 Governor's Row Survey Dallas, TX 75247 A -107 35,272.70 (South Side)