1991-012OFFICIAL RECORD
RESOLUTION NO. 91-12
A RESOLUTION ACCEPTING SEWER IMPROVEMENTS IN CONTINENTAL
PARR ESTATES IN THE CITY OF SOUTHLARE, TEXAS; DECLARING
THE CONTRACT WITH ARIGHT CONSTRUCTION COMPANY FOR THE
CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND
PERFORMED; DIRECTING THE FILING OF A NOTICE OF ASSESSMENT
IN THE DEED RECORDS; AUTHORIZING THE ISSUANCE, EXECUTION
AND DELIVERY OF CERTIFICATES OF SPECIAL ASSESSMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, has heretofore entered
into a contract with Wright Construction Company for the making and
construction of certain sewer improvements in Continental Park
Estates in the City of Southlake, to -wit: 6" and 8" sewer lines,
manholes and 4" service lines or lines of adequate size to service
the adjacent property; and
WHEREAS, by sundry proceedings heretofore passed by the City
Council of the City of Southlake, including Ordinance No. 512, a
portion of the cost of said improvements was levied and assessed
against all parcels of property within Continental Park Estates to
be served by such sanitary sewer improvements, and against the real
and true owners thereof; and
WHEREAS, the City Council of the City of Southlake, has, upon
review, found and determined that, in some instances, in order to
effect substantial justice and equality, it is desirable and
necessary to grant and issue certain credits against one or more
of the assessments levied by Ordinance No. 512; and
WHEREAS, the sanitary sewer improvements hereinabove mentioned
have been completed within Continental Park Estates, and have been
inspected and found to be in complete accordance with the contract
therefor;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLARE, TEXAS:
SECTION 1
The sanitary sewer improvements in Continental Park Estates
as hereinabove described are hereby accepted; and the contract with
reference thereto is hereby found and declared to be fully
completed and performed.
SECTION 2
The Mayor is hereby directed to execute and file a notice of
assessment on behalf of the City with the County Clerk of Tarrant
County to be recorded in the records of mortgages or deeds of trust
stating the full amount of the assessment against the respective
parcels of abutting properties and the real and true owners
thereof.
SECTION 3
The Mayor is hereby authorized to issue and execute in the
name of the City, assignable certificates of special assessment for
the purpose of evidencing the several sums assessed against the
respective parcels of abutting property and the real and true
owners thereof to aid in the enforcement and collection of said
assessments. The City Secretary is directed to attest such
certificates of assessment and impress thereon the corporate seal
of the City, all in accordance with the proceedings relating to
such improvements and assessments.
SECTION 4
The certificates shall be payable to the City of Southlake, or
its assigns, shall be numbered, and shall declare the said amounts,
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time, terms of payment and rate of interest as set forth in
Ordinance No. 512, and the date of the completion and acceptance
of the improvements abutting upon such property for which the
certificate is issued, and shall contain the name of the owner or
owners thereof, if known, a description of the property by lot and
block number, or front feet thereon, or such other description as
may otherwise identify the same; and if the said property shall be
owned by an estate, then the description of same as so owned shall
be sufficient and no error or mistake in describing any property,
or in giving the name of the owner, shall invalidate or in anyway
impair such certificate.
SECTION 5
The certificates shall provide substantially that if same
shall not be paid promptly upon maturity, then they shall be
collectable, with reasonable attorney's fees and costs of
collection, if incurred, and shall provide substantially that the
amounts evidenced thereby shall be paid to the Assessor and
Collector of Taxes of the City of Southlake, who shall issue his
receipt therefore, which shall be evidence of such payment on any
demand for the same, and the Assessor and Collector of Taxes shall
deposit the sums so received by him forthwith with the City Finance
Officer to be kept and held by him in a separate fund, and when any
payment shall be made upon such certificate the Assessor and
Collector of Taxes shall, upon presentation to him of the
certificate by the holder thereof, endorse said payment thereon.
If such certificate be assigned then the holder thereof shall be
entitled to receive from the City Finance Officer the amount paid
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upon the presentation to him of such certificate so endorsed and
credited; and such endorsement and credit shall be the Finance
Officer's Warrant for making such payment. Such payments by the
Finance Officer shall be receipted for the holder of such
certificate in writing and by surrender thereof when the principal,
together with accrued interest and all costs of collection and
reasonable attorneys' fees, if incurred, have been paid in full.
SECTION 6
Said certificates shall further recite substantially that the
proceedings with reference to making the improvements have been
regularly had in compliance with the law, and that all
prerequisites to the fixing of the assessment lien against the
property described in such certificate and the personal liability
of the owners thereof have been performed, and such recitals shall
be prima facie evidence of all the matters recited in such
certificates, and no further proof thereof shall be required in
any court.
SECTION 7
Said certificates may have coupons attached thereto in
evidence of each or any of the several installments thereof, or
may have coupons for the first installment, leaving the main
certificate to serve for the last installment, which coupons shall
be payable to the City of Southlake, or its assigns and may be
signed with the facsimile signatures of the Mayor and City
Secretary.
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SECTION 8
Said certificates shall further recite that the City shall
exercise all of its lawful powers, when requested so to do, to aid
in the enforcement and collection thereof, and may contain recitals
substantially in accordance with the above and other additional
recitals pertinent or appropriate, and it shall not be necessary
that the recitals be in the exact form above set forth, but the
substance thereof shall be sufficient. The fact that such
improvements may be omitted on any portion of any of said units
adjacent to any premises exempt from the lien of such assessments
shall not in anyway invalidate, affect or impair the lien of such
assessments upon other premises.
SECTION 9
When each of the certificates has been duly executed as
hereinabove provided, same shall be delivered to the Tax Assessor
and Collector as part payment of the contract price.
SECTION 10
This resolution shall be in full force and effect from and
after its passage.
PASSED AND APPROVED this -4—day of , 19J/
t tunnnn,n„ MAYOR
c : lis
C, SS ATTEST:
AITYSECRET Y
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APPROVED AS TO FORM AND LEGALITY:
04 a4-a
City Attorney
Date: a -1—ql
ADOPTED: j -lq/
EFFECTIVE: 2 ` /-% - % l
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NOTICE OF ASSESSMENT
STATE OF TERAS §
COUNTY OF TARRANT §
Notice is hereby given that the governing body of the City of
Southlake, Texas, by Ordinance No. 512, has ordered and determined
it to be necessary that sewer improvements within Continental Park
Estates in the City of Southlake, Tarrant County, Texas be
constructed and that a portion of the cost of such improvements is
to be specially assessed as a lien upon the property abutting
thereon. The abutting property which has been assessed with a lien
is:
and the owner of said property is
as recorded by the Deed Records of Tarrant County, Texas.
The following improvements will be installed and completed by
the City of Southlake as per City specifications and the following
amounts have been assessed therefor:
6" and 8" sewer lines, manholes and 4" service lines or
lines of adequate size to service the adjacent property.
TOTAL ASSESSMENT: $2,494.00
Such assessment shall not mature until acceptance of the
improvements by the City.
IN WITNESS WHEREOF, the undersigned has executed this
instrument, this the day of ,
19
MAYOR,
This instrument was acknowledged before me on this the
day of 19 by ,
Mayor.
Notary Public in and for the
State of Texas
My Commission Expires:
Type or Print Notary's Name
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CARvAN E. AmNS
ROBERT M. ALLIBoN
DANIEL R. BARRETT*
CAROL ANN CARSON
ELTLABETH ELAM
DAVID FIELDING
JOSEPHINE GARRETT
E. GLENN GIDEL
BOARD CERTIFIED PERSONAL INJURY TRIAL LAW—
TEXAS BOARD OF LEGAL SPECLALJZATION
CML TRIAL SPECIALIST—
NATIONAL BOARD OF TRIAL. ADVOCACY
VIA EXPRESS 60 MINUTES
Mr. Curtis Hawk
City Manager
City of Southlake
667 North Carroll
Southlake, Texas
FIELDING, BARRETT & TAYLOR
ATTORNEYS
300 WESTERN NATIONAL BUILDING
8851 HIGHWAY 80 WEST
FORT WORTH, TEXAS 76116
TELEPHONE (817) 560-0303
FAX (817) 560-3953
Avenue
76092
February 15, 1991
DwAYNE D. HITT
SUSAN E. HuT=oN
SUSAN S. JONES
WAYNE K. OLSON
TIM G.SRALLA**
J. MARK SUDDERTH
E. ALLEN TAYLOR, JR.
JAMES P. WAGNER
BOARD CERTIFIED CIVIL APPELLATE LAW—
TEXAS BOARD OF LEGAL SPECIALIZATION
J FEB 1 j 1991
OFFICE OF CITY
MANAGER I
Re: Resolution Accepting Continental Park Sewer Improvements
Dear Curtis:
Please find enclosed a proposed resolution to be adopted by
the Council Tuesday night accepting the sewer improvements in
Continental Park Estates, and authorizing the issuance of
Certificates of Assessment for the payment of the full assessed
amounts. It is my understanding that the City still needs to file
a Notice of Assessment in the Deed Records on each of the
properties that have not already paid in full. I have enclosed a
form Notice of Assessment for your use in accomplishing this. I
know that this is a complicated process, so if you or your staff
have any questions regarding the execution of promissory notes,
mechanic's lien contracts, filing of liens, collection procedures,
or any other attendant matters, please give me a call.
Very truly yours,
1, kLlAtVS
Wayne K. Olson
WKO/kt
Enclosures
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