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Home My WebLink About0995 01-24-1989ORDINANCE NO. 995 AN ORDINANCE CLOSING A PUBLIC HEARING AND LEVYING ASSESS- MENTS FOR A PORTION OF THE COST OF IMPROVING THAT PORTION OF MARLENE DRIVE IN THE CITY OF EULESS, TEXAS, WHICH EX- TENDS EASTWARD FROM WESTPARK WAY TO HURRICANE CREEK BY WIDENING MARLENE DRIVE, CONSTRUCTING PAVING, CURB AND GUTTER, SIDEWALKS AND STORM DRAINAGE IMPROVEMENTS, AND FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION SUCH ASSESSMENTS, RESERVING UNDER 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 RESOLVED 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 Marlene Drive which extends eastward from Westpark Way to Hurricane Creek by widening, 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 Engineer and approved by the Euless City Council. Section 2: The City Council of the City of Euless, Texas, has approved and adopted the City Engineer's estimate of costs for such public improvements to Marlene Drive, and the Council set a public hearing on January 10, 1989, at 7:00 P.M. to determine the enhanced value of property adjacent to that portion of Marlene Drive to be improved pursuant to the approved plans and specifications prepared by the City Engineer. 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 the portion of Marlene Drive to be so improved was enhanced in value in an amount equal to or in excess of the property adjacent to the improved portion of Marlene Drive. ORDINANCE NO. 995, PAGE ONE OF SIX 09506 U 50 Section 4: There was at such hearing presented to the public attendance and to Euless Council a proposed assessment roll for Marlene Drive as prepared by the Euless City Engineer 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 an incorporated in this Ordinance by reference. Section 5: A written valuation analysis was presented to and filed with the Euless City Council as prepared by Kelly W. Miller, MAI., Incorporated, and thereafter an opportunity was given to all affected property owners and citizens of the City of Euless, and upon completion of such hearing, it was closed. Section 6: The Euless City Council, from the evidence presented, finds that the assessment set forth in the attached assessment roll for Marlene Drive should be made and are hereby levied against the respective parcels and tracts of property abutting Marlene Drive in the amounts set forth in the assessment roll, save an 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 said improvements in the unit upon which the particular property abuts Marlene Drive in a sum in excess of each 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 proceedings 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 7: 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 opposite the description of the respective parcels of property as set forth in the attached assessment roll. ORDINANCE NO. 995, PAGE TWO OF SIX Asa- n- Section 8: 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 described as follows: PROPERTY OWNER NO. 1 Frank E. Crumley Lot 1080, Block 2A James Matson Survey Section 9: 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 (89) 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 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 10: 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. ORDINANCE NO. 995, PAGE THREE OF SIX a 50 52 Section 11: 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. PRESENTED AND APPROVED on first reading on the 10th day of January, 1989, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 4 ayes, 0 nayes and 0 abstentions. GIVEN SECOND AND FINAL READING at a regular meeting of the Euless City Council on the 24th day of January, 1989; by a vote of ayes, n nayes, and _p_ abstentions. APPROVED: Harold Samuels, Mayor ATTEST: H. Kay G bey, City cretary ORDINANCE NO. 995 , PACE FOUR OF SIX 01504 osS,3 �A ;o ,z :z ,n >z ,o �J '.A CJ1 O O'+ c_, C'1 Ul .C= CITY OF EULESS CITY OF EULESS CITY OF EULESS ASSESSMENT ROLL FOR 05 1980 �E� OS 1985 KNOWLTON- ENGLISH - FLOWERS, INC. MARLEIIE DRIVE Consulting Engineers RECEIVED RECEIVED) FROM: WESTPARK WAY TO: HURRICANE CREEK PAGE 1 OF 2 DESCRIPTION OF PROPERTY COST OF ; ST /FR.FT ASSESS. /FR.FT. ASSESSMEN PROPERTY OWNER APPARENT LESS LOT/ BLOCK/ ADDITION OR FRONT D. ST. COST OF IS ST /TR. TOTAL ASSESSMENT CREDITS CREDITS ABST. TRACT SURVEY & ZONING FOOTAGE E 'D. NORTH SIDE OF STREET: 1080 2A James Matson Sury 543.76 31' -0" $ 117.46 $ 78.37 1. Frank E. Crum ley Etal % John Crumley (Vol. 7940, P. 7 0 $ 42,614.47 One Tandy Center #800 DRTCT); Zoned R -2 $ 63,870.05 $ 42,614.47 Ft. Worth, Tx 76102 2. Shadybrook Bapt Ch 1080 2A3 James Matson Sury 6.77 31' -0" $ 117.46 $ 78.37 2000 Shadybrook (Vol. 5489, P. 442 0 $ 530.56 Bedford, Tx 76021 DRTCT); Zoned R -2 $ 795.20 $ 530.56 TOTAL NORTH SIDE OF STREET 550.53 64 665.25 43 145.03 0 43,145. SOUTH SIDE OF STREET 3. %J.B. Sandlin 1 1 Park Hill Addn. 121.31 31' -0" $ 117.46 $ 78.37 Sandlin Homes, Inc. (Vol. 7525, P. 156 $ 6,448.13 $ 3,058.93 5137 Davis Blvd. DRTCT); Zoned R -1 $ 14,249.07 $ 9,507.06 NRH, Tx 76118 4. Michael J. Mitchell 1 2 Park Hill Addn. 104.2 31' -0" $ 117.46 $ 78.37 & Larry E. Vandiver (Vol. 9369, P. 2009 $ 5,538.67 $ 2,627.48 701 Parkhill Dr. DRTCT); Zoned R -1 $ 12,239.33 $ 8,166.15 Euless, Tx 76040 5. %J.B. Sandlin 21 2 Park Hill Addn. 107.5 31' -0" $ 117.46 $ 78.37 Sandlin Homes, Inc. (Vol. 7525, P. 156 $ 5,714.07 $ 2,710.71 5137 Davis Blvd. DRTCT); Zoned R -1 $ 12,626.95 $ 8,424.78 NRH, Tx 76118 t KNOWLTON- ENGLISH - FLOWERS, INC. a Consulting Engineers �z 0 N (Ii O o', ij I Jl CITY OF EULESS CITY OF EULESS ASSESSMENT ROLL FOR 05 1988 MARLEIIE DRIVE RECEIVED FROM: WESTPARK WAY TO: HURRICANE CREEK REVISED 11 -23 -38 PAGE 2 OF 2 DESCRIPTION OF PROPERTY COST OF �, ST /FR.FT. ASSESS. /FR.FT. ASSESSMEIIT PROPERTY OWNER APPARENT LESS L BLOCK/ ADDITION OR FRONT WD. ST. COST OF is ST /TR. TOTAL ASSESSMENT C2EOITS CREDITS ABST. TRACT SURVEY & ZONING FOOTAGE RE 'D. SOUTH SIDE OF STREET 6. Wayne Thomas McNeil 1 3 Park Hill Addn. 130.0 31' -0" $ 117.46 $ 78.37 Etux Kala La Jean (Vol. 9075, P. 1128 $ 6,910.04 $ 3,278.06 701 Jonathan Dr. DRTCT); Zoned R -1 $ 15,269.80 $ 10,188.10 Euless, Tx 76040 7. Shadybrook Bapt Ch 1080 2C James Matson Sur 6.49 31' -0" $ 117.46 $ 78.31 2000 Shadybrook (Vol. 5489, Pg. 442, 0 $ 508.62 Bedford, Tx 76021 DRTCT); Zoned R -2 $ 762.32 $ 508.62 SUB-TOTAL PARK HILL ADD. 463.01 54 385.15 36 286.09 .:4 610.91 11 675.18 TOTAL SOUTH SIDE OF STREET 469.50 55 147.41 36 794.71 24 610.91 1 12 183.80 GRAND TOTAL 1 1,020.031 1$119,812.72 79 939.74 24 610.91 55 328.83 �^ I ' D1O9Ol996O CITY OF EUL[SS 201 NO [CT0R DRIVE EUL[5S, TX 76039 3595 -V�� c0 ll v . ' .�u� c� -W A R N I N G`TUI5 IS PART OF THE OFFICIAL RECORD--D 0 N O T D [ S T R 0 Y FIL[D-- TARRANT COUNTY TEXAS 5UZANNE MEND[FlS0N-- COUNTY CLERK 0 F F I C I A L REC[TPT T 0: CITY OF EULES3 RECEIPT NO REGISTER PRINTED DATE TIME 189096090 DR97 02/07/89 O9:41 INSTRUMENT FEECD AMOUNT FILED TIME 1 D189019960 WD 13.00 890207 09:41 CK 55639 T O T A L � DOCUMENTS: 01 r E [ 5: 13.00 O Y: ANY PROVISION WHICH RESTRICT5 THE SAL[ RENTAL OR USE Or TH[ DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS ImVALID �wD UNFDXCEAOL[ UNDER' FFD[RAL LAW. @ �� ~-�� M��