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Home My WebLink About239 01-26-1965ORDINANCE NO. 239 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESS&TENT FOR A PORTION OF THE COST OF IMPROVING A PORTION OF BYERS DRIVE BETWEEN DUCKETT AND FULLER; CANNON DRIVE BETWEEN HOLLYWOOD AND A POINT 220 FEET NORTH OF HOLLYWOOD DRIVE ON CANNON DRIVE; HIMES DRIVE BETWEEN A POINT 240 FEET NORTH OF FULLER STREET TO A POINT 130 FEET SOUTH OF LEE DRIVE; NORTH MAIN STREET FROM STATE HIGHWAY 183 TO DALLAS- HARWOOD ROAD; SOUTH MAIN STREET FROM STATE HIGHWAY 183 TO PIPELINE ROAD; RADER DRIVE FROM STATE HIGHWAY 183 TO PIPELINE ROAD; SIMMONS DRIVE TO STATE HIG,HAMAY 183 TO A POINT 470 FEET SOUTH OF STATE HIGHIArAY 183 ON SIMMONS DRIVE; WRIGHT- RICHARDSON ROAD FROM STATE HIGHWAY 183 TO PIPELINE ROAD; FIXING A CHARGE AND LEIN AGAINST ABUTTING PROPERTY AND ITS 01"V' 'ERS; PRO- VIDING FOR THE TIME AND MANNER SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND THE CONDITIONS OF DEFAULT; DIRECTING THE ISSUANCE OF CERTIFICATES OF SPECIAL ASSESSMENT; DECLARING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY C OUVCIL OF THE CITY OF ELIL,EuS, TEXAS: Sectiova The hearing concerning the assessment of a portion. of the cost of improving Byers Drive between Duckett and Fuller; Cannon Drive between Hollywood and a point 220 feet north of Hollywood Drive on Cannon Drive; Himes Drive between a point 240 feet north of Fuller Street to a point 130 feet south of Lee Drive; North Main Street from State Highway 183 to Dallas Harwood Road; South Main Street from State Highway 133 to Pipeline Road; Rader Drive from State Highway 133 to Pipeline Road; Simmons Drive to State Highway 183 to a point 470 feet south of State Highway 133 on Simmons Drive; and Wright- Richardson Road from State Highway 133 to Pipeline Road, having been held on the 26th day of January, 1965, at S': (30 6i o'clock p.m., in the Council Chamber of the Municipal Building, 201 W. Euless Blvd., Euless, Texas, wherein all owhing abutting property, or any interest therein, and the agents and attorneys of such owners, were given an opportunity for hearing on any matter constitutionally prerequisite to the assessments levied herein for such improvements, to contest the amounts of the proposed assess- ments, the lien and liability thereof, the special benefits to the abutting property and the owners thereof, by means of the improvements for which assessments are herein levied, the accuracy, sufficiency, regularity, and validity of the proceedings and contract in connection with such improvements and assessments, and on any other matter or thing in connection therewith, and all who appeared were fully heard as to such matters; and all errors, mistakes, inequalities, and other matters requiring rectification which were called to the attention of the City Council having been rectified and corrected, such hearing is hereby closed, and all protests, rermonstrances, and objections made, having been duly considered by the City Council are hereby overruled and denied. Section 2: The City Council, from the evidence, finds: that the assessments levied herein are just and equitable, having in vietv the special benefits in enhanced value to be received by such parcels of property and the owners thereof, and the equities of such owners; that such assessments produce a substantial equality of benefits received and burdens imposed; that no such assessment exceeds the special benefits to the respective parcels of property assessed and their owners in the enhanced value thereof by means of such improvements; and that all of the proceedings by the Cite vrith reference to such improvements and assessments are valid and,in compliance with toe controlling law. Sra�ti__ Qa _?_: There is he_reLy levied aad assessed ag I t th, purct is of property described in the Engineer's Roll described as E.-r'.libit "A" w=hich is attached hereto and :made a pact of this Qrdinanco, anal against tlic roal and true owners thereof I'VV',ether such owners .-e naa; ,.e d or corrac.i f i:,"'.rnz, :'' in Such exhibit or not, the sunic's of roney shoe ^:n opposite tite description of the re- spective parcels of property in such exhibit.) .Sqg on 4: Where -more tl an one porsoa, firm, or cvrporatian ovens an interest in am parcel of property described In F_xhihit "A", each such owner shall be personally liable only for the pro rata share of the total assess - -nent against such property in proportion as such ov nar's Interest bears to the total o-rmership of such :roperty, and such owner's interest in such property may be released from the assessment lien upon payment of such proportionate sum. Section 5: The several sums mentioned in Exhibit "A and assessed against the respective parcels of property described tzerein and the owners thereof, and interest thereon as specified is Section 6 hereof, together with expenses of collection and reasonable attorney's fees, if incurred, shall be first and prior liens on the respective parcels of property assessed superior to all other liens and claims except State, County, School District, and City acs valorem taxes, and shall be a personal liability and charge against the real a:ld true owners of such property (whether such owners are named or correctly named in such exhibit or not) . -2- Section 6: The several sums mentioned in Exhibit "A" and assessed agains t the respective parcels of property described therein and the owners thereof shall be payable in five installments, the first installment being due and payable on the first day of the month following the expiration of thirty days from the completion of such improvements and their acceptance by the City of Euless, and one 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 on the first day of the month following the expiration of thirty days from the date of completion and acceptance of such improvement by the City of Euless at the rate of six per cent per anhu;n, interest payable annually. Any such installment may be paid at any time before maturity b5.1 the payment of the principal and accrued interest thereon. Past due principal and interest shall bear interest at the rate of eight per cent per annum frar� default in payment of annual installment until paid. Section 7: If default is made in the payment of any of such installments or Interest, the entire unpaid balance of the assessment plus ingest shall, without notice to the owners and at the option of the holder of the Certificate of Special Assessment, immediately become due and payable, together with eKnen ses of collection and reasonable attorney's fees, if incurred. In the event of such nefault, collection shall be enforced by suit in any court having juriscUction. Section 3: . For the purpose of evidencing the several assessments levied, assignable certificates shall be issued by the City of Euless upon completion and acceptance of such improvements, Such certificates shall be executed by the Mayor, signing the same or by his facsimile signature impressed thereon, and attested by the City Secretary, under Lie impress of the corporate seal, and shall be payable to the City of Euless or its assigns. Such certificates shall provide in substance the following. (A) The amount of the assessment as specified in Exhibit "A ", together with time, terms, rate of interest and conditions of payment as specified in Section 6 above; (B) The terms and conditions of default asspecified in Section 7 above; (C) That the proceedingswith reference to making the improvements therein referred to 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 the certificate and the personal liability of the owner or owners thereof have been per- formed. -3- (D) Coupons may be attached in evidence of the several installments, which may be signe4 with the facsimile signatures of the an:' City Secretary; and (E) Th: ;t the City of Euless shall exercise all of its lawful pourers, when requested by the holder, to aid in the collection thereof . Such certificates may also contain other appropriate and pertinent recitals. P -g11gn 9: In the event any such assessment shall for any reason whatso- ever be hold or determined to he invalid or unenforceable then the City Council reserves the power to supply any deficiency in proceedings vrith reference thereto and correct any mistake or irregularity in connection therewith, and at any time to make and levy reassessments after notice and hearing as nearly as possible in t ? }e manner provided by the statute referred to in Section 10 hereof for original assessments, and subject to the provisions thereof with referelce to snecial benefits. Sectigp Snch assessments are levieei under the provisions of the Act of the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 136 of the acts of such Ses?lon, toget'er A'ith arpeadmenta therer o , ai o }mown as Article 11055 of Vernon's Texas Civil Statutes, adopted ;by the Charter of the City of Euless. Se_ct4on 11. By the affir:;,ative vote of all of its tine City Council declares that this is an ordinance for t'.-Le immediate preservation of the public peace, property, health and safety, a._ci is ail emergency measure within the meaning of Article II, Section 11 of tiie City Charter; and the re- quire ment that it be read at two meetings, as specified in such Section 11, Is hereby dispensed with. Sgctlon 12: This Ordinance shall become effective immeeliate?y upon its passage. PRESENTED AND PASSED on first and final reading on the _260 day of January, 1965, at a rpmiiar meeting of the City Council of the City of Euless, Texas, by a vote of �4 ayes and 0 nays. AT`1'EST: City 86=0tary -4- APPROVED: MAYOR