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Sdizms, the City Council of the City Euless, Texas, through the adoption
of Resolution No. 91 -770, did determine the necessity of extending and improving
a portion of Midway Drive in the City of Euless, Texas; and
WMZEAS, by the adoption of Ordinance No. 1070, 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 Midway 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
VMWAS, 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, TMMIC E, HE IT ORDA]NED BY THE EULESS CSTY COUNCIL OF THE CITY OF
EULS, TEXAS:
SECTION I
That the work of extending and improving that portion of Midway Drive in
the City of Euless, Texas, which extends between Minters Chapel Road and the
frontage road to SH 360 by extending the roadway, constructing, paving, curb and
gutter, 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 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 cmTipleted 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.
41D *— Vicelii�
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.
1070, 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. 1070, 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.
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.
Ordinance No. 1100
Page 2 of 3
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.
PFdM= AMID PASSED
on first and final reading
on the 10th
day of
PdnvPmher , 19_92, at a
regular meeting of the City
Council of the
City of
Euless, Texas, by a vote of
7 ayes, 0 nays and
0 abstentions.
Harold
I gill •",
Ordinance No. 1100
Page 3 of 3