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HomeMy WebLinkAbout267 10-12-1965ORDINANCE NO. 267 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENT FOR A PORTION OF THE COST OF IMPROVING A PORTION OF HARWOOD ROAD FROM HIGHWAY NO. 157 TO NORTH MAIN STREET; FIX- ING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND ITS OWNERS; PROVIDING FOR THE TIME AND MANNER SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND THE CONDITIONS OF DEFAULT; DIRECTING THE ISSU- ANCE OF CERTIFICATES OF SPECIAL ASSESSMENT; DECLARING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: Section l: The hearing concerning the assessment of a portion of the cost of improving a portion of Harwood Road from Highway 157 to North Main Street, having been held on the 12th day of October, 1965, at 8:00 P.M, in the Council Chamber of the Municipal Building, 201 West Euless Boulevard, Euless, Texas, wherin all owning abutting property, or any interest therein, and the agents and attorneys of such owners, were given an opportunity for hearing on any matter constitu- tionally prerequisite to the assessments levied herein for such improve- ments, to contest the amounts of the proposed assessments, 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, remon- strances, 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 assess- ments levied herein are just and equitable, having in view 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 en- hanced value thereof by means of such improvements and that all of the proceedings by the City with reference to such improvements and assess- ments are valid and in compliance with the controlling law. Section 3: There is hereby levied and assessed against the parcels of property described in the Engineer's Roll described as Exhibit "A" which is attached hereto and made a part of this Ordinance, and against the real and true owners thereof (whether such owners are named or cor- rectly named in such exhibit or not, the sums of money shown opposite the Item XII, Council Minutes October 12, 1965 description of the respective parcels of property in such exhibit.) Section 4: Where more than one person, firm or corporation owns an interest in any parcel of property described in Exhibit "A" each such owner shall be personally liable only for the pro rata share of the total assessment against such property in proportion as such owner's interest bears to the total ownership of such property, 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 therein and the owners thereof, and interest thereon as specified in Section 5 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 ad valorem taxes, and shall be a per- sonal liability and charge against the real and true owners of such pro- perty (whether such owners are named or correctly named in such exhibit or not). Section 6: The several sums mentioned in Exhibit "A" and assessed against the respective parcels of property described therein and the owners thereof shall be payable in five installments, the first install- ment 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 annum, interest payable annually. Any such installment 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 eight per cent per annum from 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 interest 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 expenses of collection and reasonable attorney's fees, if incurred. In the event of such default, collection shall be en- forced by suit in any court having jurisdiction. Section 8: 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 sig- nature impressed thereon, and attested by the City Secretary, under the 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: - 2 - (A) The amount of the assessment as specified in Exhibit "A1°, together with time, terms, rate of interest and conditions of payment as specified in Section 6 above; (B) The terms and conditions of default as specified in Section 7 above; (C) That the proceedings with reference to making the improvements therein referred to have been regu- larly 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 performed. (D) Coupons may be attached in evidence of the several installments, which may be signed with the facsimile signatures of the Mayor and City Secretary; and (E) That the City of Euless shall exercise all of its lawful powers, when requested by the holder, to aid in the collection thereof. Such certificates may also contain other appropriate and pertinent recitals. Section 9: In the event any such assessment shall for any reason whatso- ever be held or determined to be invalid or unenforceable then the City Council reserves the power to supply any deficiency in proceed- ings with 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 the manner provided by the statute referred to in Section 10 hereof for original assessments, and subject to the provisions thereof with reference to special benefits. Section 10: Such assessments are levied under the provisions of the Act of the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of such Session, together with amendments thereto, also known as Article 1105B of Vernon's Texas Civil Statutes, adopted by the Charter of the City of Euless. Section 11: By the affirmative vote of all of its members, the City Council declares that this is an ordinance for the immediate preservation of the public peace, property, health and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in such Section 11, is hereby dispensed with. - 3 - Section 12: This Ordinance shall become effective immediately upon its passage. PRESENTED AND PASSED on first and final reading on the 12th day of October—, 1965, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 3 ayes and 0 nays. ATTEST: City Secretary SM APPROVED: Mayor