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HomeMy WebLinkAbout383 10-13-1970ORDINANCE NO. 383 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESS- MENT FOR A PORTION OF THE COST OF IMPROVING A PORTION OF PIPELINE ROAD FROM THE EAST LINE OF ARWINE ROAD (PATTI DRIVE) TO THE WEST LINE OF CENTRAL DRIVE; FIXING 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 CONDI- TIONS OF DEFAULT; DIRECTING THE ISSUANCE 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 1: The hearing concerning the assessment of a portion of the cost of improving Pipeline Road from the East line of Arwine Road (Patti Drive) to the West line of Central Drive having been held on the 13th day of October , 1970, at 8 :00 o'clock p.m. in the Council Chamber of the Municipal Building, 201 Ector Drive, Euless, Texas, wherein 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 constitutionally prerequi- site to the assessments levied herein for such improvements, 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 im- provements 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 cor- rected, such hearing is hereby closed, and all protests, remonstrances, 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 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 enhanced value thereof by means of such im- provements; that all of the proceedings by the City with reference to such improvements and assessments are valid and in compliance with the controlling law. ITEM I I Council Minutes October 13, 1970 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 correctly named in such Exhibit or not, the sums of money shown opposite the 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 pro- portionate 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 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 ad valorem taxes, and shall be a personal liability and charge against the real and true owners of such property (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 (5) 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 8 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, to- gether with expenses of collection and reasonable attorney's fees, if incurred. In the event of such default, collection shall be enforced by suit in any court having jurisdiction. ITEM I I Council Minutes October 13, 1970 Section 8: In the event any such assessment shall for any reason whatso- ever be held or determined to be invalid of 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 9 hereof for original assessments, and subject to the provisions thereof with reference to special benefits. Section 9: 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 10: 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 re- quirement that it be read at two meetings, as specified in such Section 11, is hereby dispensed with. Section 11: This Ordinance shall become effective immediately upon its passage. PRESENTED AND PASSED on first and final reading on the 13th day of October, 1970, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 5 ayes and 0 nays. APPROVED: MAYOR ATTEST: City Secretary 7OVE TO FORM: City Attorney ITEM II Council Minutes October 13, 1970