HomeMy WebLinkAbout1051 06-25-1991 ORDINANCE NO. 1051
AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING
THAT PORTION OF MARLENE DRIVE IN THE CITY OF EULESS, TEXAS,
WRECK EXTENDS EASTWARD F!RCK VESIPARK WAY TO HURRICANE C2EE[O
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 Ordinance No. 994, did determine the necessity of extending and improving a
portion of Marlene Drive in the City of Euless, Texas; and
WHEREAS, by the adoption of Ordinance No. 995, the City Council of the City
of Euless, Texas, did, following public hearing, levy an assessment for a
portion of the cost of improving such portion of Marlene Drive and fixing
charges of liens against abutting property thereon and against the owners
thereof and providing for the collection of such assessment; and
WHEREAS, the Euless City Council did thereafter proceed to accept bids and
award contracts for such improvements; and
W MEAS, 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 certificates in connection therewith, all as heretofore
authorized.
NOW, THMMUM, BE IT ORDAINED BY THE EC7TFS4 CITY COUNCII, OF THE CJ.'lY OF
EULESS, TEXAS:
SECTION I.
That the work of extending and improving that portion of Marlene Drive in
the City of Euless, Texas, which extends eastward from Westpark Way to Hurricane-
Creek by widening the roadway, constructing, paving, curb and gutter, sidewalks
and storm drainage improvements, and doing other work incidental thereto, all as
provided for in, and in accordance with, the plans and specifications for such
improvements, having been performed and conpleted 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.
995, 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. 995, 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%) cxmpouuried 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.
SECTION III.
Severability Cause. 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.
Ordinance No. 1051
ORDINANCE APPROVIrIG IEPRO7EMERr OF M19M= DRIVE
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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.
PiESENM AND PASSED on first reading on the 11th day of June
1991 , 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.
PRFSE[D AND PASSED on second and final reading on the 25th day of
June , 1991 , 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.
APPRUVED: 111
- L#4j Harold LSanmels, Mayor
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ATjrt:W:
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Crim, City Secretary
AS TO IC
City At
Ordinance No. 1051
ORDINANCE APPFbVi W DUROVEIENP OF MARL= DRIVE
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