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HomeMy WebLinkAbout1046 05-28-1991ORDINANCE NO. 1046 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING THAT PORTION OF STATE HIGHWAY FM 157 IN THE CITY OF EULESS. TEXAS, WHICH EXTENDS NORTHWARD FROM STATE HIGHWAY 10 TO STATE HIGHWAY 183 BY WIDENING THE ROADWAY AND CONSTRUCTING PAVING, CURB AND GUTTER, SIDEWALKS AND STORM DRAINAGE IMPROVEMENTS; AUTHORIZING AND DIRECTING THE _ ISSUANCE OF SPECIAL ASSESSMENT CERTIFICATES IN CONNECTION THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City Euless, Texas, through the adoption of Resolution 86 -629, did determine the necessity of extending and improving a portion of State Highway FM 157 in the City of Euless, Texas; and WHEREAS, by the adoption of Ordinance City of Euless, Texas, did, following assessment for a portion of the cost of State Highway FM 157 and fixing charges property thereon and against the owners the collection of such assessment; and 911 the City Council of the public hearing, levy an improving such portion of of liens against abutting thereof and providing for WHEREAS, the Euless City Council did thereafter proceed to accept bids and award contracts for such improvements; and WHEREAS, all such improvements have now been completed and accepted by the City of Euless, Texas; and WHEREAS, the Euless City' Council is desirous of formally receiving and accepting such improvements and authorizing and directing the issuance of special assessment certifications in connection therewith, all as heretofore authorized. NOW, THEREFORE, BE IT ORDAINED BY THE EULESS CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION I. That the work of extending and improving that portion of State Highway FM 157 in the City of Euless, Texas, which extends northward from State Highway 10 to State Highway 183 by widening the roadway, constructing, paving, curb and gutter, sidewalks and storm drainage improvements, and doing of other work incidental thereto, all as provided for in, and in accordance with the plans and specifications for such improvements, having been performed and completed in accordance with the terms and provisions of the contracts issued therefore and the plans and specifications; and the City of Euless having found that such improvements have been constructed and completed in full compliance with the terms of such contracts and the plans and specifications therefore and having approved and accepted said improvements as constructed; and said work and improvements having been found by the Mayor and City Council of the City of Euless, Texas, to have been performed and completed in compliance with the terms of said contracts and plans and specifications, such improvements are now hereby accepted and approved by the City Council of the City of Euless, Texas. SECTION II. That the City Secretary of the City of Euless, Texas, is hereby authorized and directed to issue special assessment certificates evidencing the assessments against property abutting upon said street so improved and against the real and true owner or owners thereof in accordance with the provisions of Ordinance No. 911 and other proceedings had and adopted by the City Council of the City of Euless, Texas, which assessment certificates shall be executed in the name of the City of Euless, Texas, by the Mayor and City Secretary thereof and a true and correct copy thereof to be recorded among the Deed Records of Tarrant County, Texas. That as provided in Ordinance No. 911 and other proceedings had and adopted by the City Council of the City of Euless, Texas, the assessments stated within and evidenced by such assessment certificates shall be payable in five (5) installments, the first installment being due and payable on the first day of the month following the expiration of thirty (30) days from the date hereof and one (1) 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 (30) days from the date hereof at the rate of eight percent (8%) per annum, interest payable annually at time of each installment herein provided for. Any such installment or installments 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 such installments or interest, the entire unpaid balance of the assessment, plus interest, shall, without notice to the owner or owners of the real property encumbered thereby 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 attorneys' fees, if incurred. In the event of such default, collection shall be enforced by suit in any court having jurisdiction thereof. Ordinance No. 1046 ORDINANCE APPROVING IMPROVEMENT OF STATE HIGHWAY FM 157 Page 2 of 3 SECTION III. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. __ SECTION IV. Effective Date. 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 PASSED on first reading on the 26th day of March , 19 91, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 4 ayes, 0 nays and 0 abstentions. PRESENTED AND PASSED on second and final reading on the 28th day of May , 19 91, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 5 ayes, 0 nays and 0 abstentions. APPROVED: Harold Samuels, Mayor ATTEST: Susan Crim, Ctty Secretary AS TO FORM: b McF rland, City Attorney Ordinance No. 1046 ORDINANCE APPROVING Il1PROVBHENT OF STATE HIGHWAY FM 157 Page 3 of 3