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1990-035(1)City of Southlake, Texas , RESOLUTION NO. 90-35(t) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO PROCEED WITH SEEKING BIDS FOR THE CONSTRUCTION OF THE CONTINENTAL PARK ESTATES SANITARY SEWER FACILITIES; AUTHORIZING THE MAYOR TO EXECUTE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the plans for the Continental Park Estates Sanitary Sewer Facilities are substantially complete; and, WHEREAS, the City Council hereby authorizes the Director of Public Works to proceed with advertising for bids under the Local Government Code, Chapter 252, Subchapters B&C, Competitive Bidding Requirements; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That this resolution hereby authorizes the Director of Public Works for the City of Southlake, to proceed with advertising for bids under the Local Government Code, Chapter 252, Subchapters B&C, Competitive Bidding Requirements, for the construction of the Continental Park Estates Sanitary Sewer Facilities. Section 2. That this resolution is hereby effective upon its passage. PASSED AND APPROVED THIS THE DAY OF MAY, 1990. CITY OF SOUTHLAKE, TEXAS Mayor Gary Fickes ATTEST: A"A , q IA Sandra L. Le rand City Secretary r - . FIELDING, - BARRETT TEL: 817-560-3953 RESOLUTION NO. May, 11;90 15:33 No.003 P.02 A RESOLUTION DECLARING THE NECESSITY FOR AND ORDERING THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS IN CONTINENTAL PARK ESTATES IN THE CITY OF SOUTHLAKE, TEXAS; ESTIMATING THE TOTAL COST OF SAID IMPROVEMENTS AND THE COST PER LOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTIES AND THE OWNERS THEREOF; DETERMINING AND FIXING THE PORTION OF SAID COST PROPOSED TO BE PAID BY THE CITY OF SOUTHLAKE AND THE PORTION PROPOSED TO BE PAID BY SAID ABUTTING PROPERTIES AND THE OWNERS THEREOY; ORDERING AND SETTING A HEARING AT 7:30 P.M. ON THE 5TH DAY OF JUNE, 1990, IN THE CITY COUNCIL CHAMBERS OF CITY HALL OF THE CITY OF SOUTHLAKE, TEXAS, 18 THE TIME AND PLACE FOR THE HEARING CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY LAW, AND TO CAUSE A NOTICE TO BE FILED IN THE MORTGAGE OR DEED OF TRUST RECORDS OF TARRANT COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the request of the homeowners within Continental Park Estates, the Director of Public Works for the City of, Southlake, Texas has proposed the improvement of certain sanitary sewer system improvements within Continental Park Estates (said improvements being hereinafter sometimes referred to as the Project"); and WHEREAS, the Project shall entail the laying of mains, laterals and extensions and all appliances and necessary adjuncts required for the sanitary disposal of excreta and offal from lots within Continental Park Estates; and WHEREAS, the City Council has determined that the Project is necessary for the health and safety of the residents of Continental Park Estates and the citizens of Southlake. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TERAS, THAT: slake\res.04 FIELDING, -BARRET•T TEL: 817-560-3953 SECTION I May 11,90 15:33 No.003 P.03 P, public necessity exists for the construction of sanitary sewer improvements within Continental Park Estates, a subdivision located within the corporate limits of the City of Southlake, Texas, by the laying of mains, laterals and extensions and all appliances and necessary adjuncts required for the sanitary disposal of excreta and offal from lots within Continental Park Estates. The specific improvements proposed hereunder include the construction of 6" and 8" sewer lines, manholes and 4" service lines or lines of adequate size to service the adjacent property, and shall be made and constructed in accordance with the plans and specifications now on file in the City Engineer's office, and any amendments thereto, and shall be done under and in accordance with the terms and provisions of Section 402.061, et. sea., Texas Local Government Code. SECTION II The total cost of said improvements is estimated to be 230,000.00. The Cost of said improvements as herein defined is proposed to be paid for as follows, to -wit: a) The property abutting on any portion of the streets within Continental Park Estates and the real and true owners thereof shall pay an amount not exceeding 9/10ths of the estimated cost of such improvements. The amount proposed to be assessed against each lot within Continental Park Estates W akeVes.04 2- FIELDING. BRRRET.T TEL: 817-560-3953Mdy 11,90 15:33 No.003 P.06 and persons interested in said proceedings shall be entitled to appear and to be heard in person, or by counsel, and may offer evidence; and said hearing may be adjourned from day to day and from time to time and may be kept open until all evidence and protests have been duly offered and heard; and the City Secretary is hereby directed to give notice of said hearing by publication of notice in some newspaper of general circulation in the City which notice shall be published at least three (3) times in said newspaper before the date set for hearing, the first of which publication shall be at least ten (10) days prior to the date of said hearing, and to mail additional written notice to the owners of all lots within Continental Park Estates at least ten (10) days before the date of such hearing, in accordance with the terms and provisions of said Section 402.469, Texas Local Government Code. SECTION VI Following such hearing as provided above, assessments will be levied against said properties, and the real and true owners thereof, for that portion of the costs of said improvements herein determined to be payable by said properties and the real and true owners thereof, which assessments shall be a first and prior lien upon said properties and a personal liability and charge against the real and true owners thereof. SECTION VII The improvements provided for herein shall be made and constructed, notice given, hearing held and assessments levied and W akeVee.04 •5- FIELDING. BARRETT TEL: 817-560-3953 May 11.90 15':33 No.003 P.07 all proceedings taken and had in accordance with Section 402.061, Texas Local Government Code, and the Charter and Ordinances of the City. SECTION VIII The City Secretary is hereby ordered and directed to cause to be prepared a Notice of Declaration of Necessity and Proposed Assessment as provided in this Resolution and to file said Notice with the County Clerk of Tarrant County, Texas, among the Mortgage or Deed of Trust records of said County. SECTION IZ This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED ON THIS DAY OF 19 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: sleke\res.04 -6- a -13 FIELDING, BARRETT TEL: 817-560-3953 May 11,90 15:33 No.003 P.04 I and the real and true owners thereof for such improvements is 2,957.14. b) The City of Southlake shall pay all of the remainder of the costs of said improvements after deducting the amounts herein specified to be paid by the abutting property and the real and true owners thereof. No construction shall occur, however, and no payments shall be made by the City of Southlake until competitive bids have been taken for the project and sufficient funds have been received by the City from property owners in Continental Park Estates to finance the Project. SECTION III The amounts payable by the abutting properties and the real and true owners thereof shall be assessed against such properties and the real and true owners thereof and shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof, and shall be payable upon acceptance by the City of the improvements after their completion. In any event, said assessments shall not exceed the special benefits to the abutting property and the owners thereof, as enhanced by the improvements. SECTION Iv Each portion of said Project and improvements hereinabove described which provides sewer service to an assessed lot shall constitute a separate and independent part of the improvements, and stake\'e9.04 •3- FIELDING,•BARRUPT TEL: 817-560-3953 May 11-90.15:33 No.003 P.05 f shall be treated as separate and independent from each and every such portion of said Project; and the assessment to be levied for said improvements on each of said portions of said Project shall be altogether separate and distinct and independent of and from the assessments to be levied for each and every other of said portions of said Project, and, in levying said assessments against each lot abutting upon the said streets, no matter or circumstance in connection with any other of said lots shall be considered or have any effect upon the other, and said assessment shall be valid, all as fully and to the same extent as if separate proceedings had been held and executed with reference to the improvements to be made benefitting each lot. SECTION V A hearing shall be held and notice of same given to the real and true owners of all lots in the Continental Park Estates Subdivision as to the amounts to be assessed against each lot, the lien and liability thereof, the special benefits, if any, to be received from said improvements by said property and the owners thereof, and concerning any errors with reference thereto, or concerning any matter or thing connected therewith, which hearing shall be held by the city Council of the City of Southlake in the Council chambers of the City Hall of said City at 7:30 p.m. on the 5th day of June, 1990, at which time and place all persons, firms, corporations, or estates owning or claiming any such abutting property, or any interest therein, and their agents or attorneys, slake\res.04 '4'