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Home My WebLink About537 01-10-1978ORDINANCE NO. 537 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESS- MENT FOR A PORTION OF THE COST OF IMPROVING A PORTION OF NORTH MAIN STREET; GENERALLY BETWEEN A POINT 1488.5 FEET NORTH OF ITS INTERSECTION WITH HARWOOD ROAD AND ITS INTERSECTION WITH TRAILWOOD DRIVE IN THE CITY OF EULESS, TEXAS; FIXING A CHARGE AND LIEN AGAINST ABUTTING PRO- PERTY AND ITS OWNERS; PROVIDING FOR THE TIME AND MANNER SUCH ASSESSMENTS BECOME DUE AND PAY- ABLE, THE RATE OF INTEREST, AND THE CONDITIONS OF DEFAULT; DIRECTING THE ISSUANCE OF CERTIFICATES OF SPECIAL ASSESSMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 cf a portion of the cost of improving a portion of North Main Street, generally between a point 1488.5 feet North of its intersection with Harwood Road and its intersection with Trailwood Drive in the City of Euless, Texas, having been held on the 10th day of January, 1978, at 8:00 P.M., in the Council Chamber of the Municipal Building, 201 West Euless Boulevard, Euless, Texas, wherein all owning abutting pro- perty, 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 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 improvements for which assessments are herein leived, the accuracy, sufficiency, regularity, and validity of the proceedings and contract in con- nection 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, in- egalities, 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, 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 pro- perty assessed and their owners in the enhanced value thereof by means of such improvements; and that all of the proceedings by the City with reference to such improvements and assessments 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 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 pro- portion 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 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 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 installments, the first installment being due and payable on the first day of the month following the expiration of thirty days from the com- pletion 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, to- gether 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 improvements by the City of Euless at the rate of eight per cent (8 %) per annum, -2- 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 (8%) per annum from default in payment of annual installment until paid. Section 7: If default is made in the payment of any of such in- sta +lments 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 Assignment, 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 enforced 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 signature impressed thereon, and attested by the City Secretary, under the impress of 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 } nterest and conditions of payment as specified in Section 6 above; (B) Interms and conditions of default as specified to 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 certificates 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. -3- Such certificates may also contain other appropriate and pertinent recitals. Section 9: In the event any such assessment shall for any reason whatsoever be held or determined to be invalid or un- enforceable then the City Council reserves the power to supply any deficiency in proceedings with reference thereto and correct any mistakes 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 re- ferred 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 o Vernon's Texas Civil Statutes, adopted by the Charter of the My of Euless. Section 11: By the affirmative vote of all of its members, the Ci-py 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. Section 12: 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 usch unconstitutional phrase, clause, sentence, paragraph or section. Section 13: This Ordinance shall become effective immediately upon its passage. PRESENTED AND PASSED on first and final reading on the 10th day of January, 1978, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 5 ayes and 0 nays and -4- 0 abstentions. APPROVED: -Z,� & t Z—"It4 Haro Sam!Rl -s , Mayor ATTEST: Delp Houy, City Secre ry -5- KNOWLTON- ENGLISH- FLOWERS, INC. R Two CC.hAIK tKNt.fito. NM-D" "EXHIBIT "A" TO ORDINANCE NO. 537" FROM: TO: CITY OF EULESS ASSESSMENT ROLL FOR NORTH MAIN STREET ROYAL OAKS ESTATES (1488.4 ft. north of Harwood Road intersection) TRAILWOOD DRIVE Revised 1 -25 -78 to reflect Council Resolution No. 442 dated January 10, 1978 PAGE 1 OF 5 PROPERTY OWNER DESCRIPTION OF PROPERTY COST OF 1 STREET BACK OF CURB TO @ $55.65 IFR: FT. ASSESSMENT; @ $181 18.6 FR. FT. COMMERCIAL @ X37 20FR. FT. APPARENT CREDITS ASSESS }'ENT LESS CREDITS LOT BLOCK ADDITION FRONT FOOTAGE EAST SIDE OF STREET: 1. Gene E. White & 12B Ray Shelton (Vol. 4666 Pg. 303 DRTCT ) 138.8 7,724.22 5,163.36 5,163.36 0 Richard J: Thomes (Zoned Commercial) 600 Carpenter Freeway West Irving, Texas 75062 2. City of Euless 11B Ray Shelton Vol. 80 P . 296 140.00 7,791.00 2,604.00 2,604.00 0 201 Ector Drive minutes T.C.C.L. Case No. 67655) - Euless, Texas 76039 3. Regional Properties, Inc. 10 2 Oakwood Acres Estates (Vol. 338 -112, 119.47 6,648.51 2,222.14 0 2,222.11" 2431 Walnut Ridge Street P 95 PRTCT ) (Includes 20' Egress- Dallas, Texas 75229 Ingress Easement) 4. Regional Properties, Inc. 9 2 Oakwood Acres Estates (Vol. 388 -112, 80.0 4,452.00 1,488.00 0 1,488.,. 2431 Walnut Ridge Street Pg. 95 PRTCT Dallas, Texas 75229 5. Regional Properties, Inc. 8 2 Oakwood Acres Estates (Vol. 388 -112, 80.0 4,452.00 1,488.00 0 1,488.- 2431 Walnut Ridge Street Pg. 95 PRTCT) Dallas, Texas 75229 6. Regional Properties, Inc. 7 2 Oakwood Acres Estates Vol. 388 -112, 80.0 4,452.00 1,488.00 0 1,488.0C 2431 Walnut Ridge Street Pg. 95 PRTCT) Dallas, Texas 75229 7. Regional Properties, Inc. 6 2 Oakwood Acres Estates (Vol. 0.0 4,452.00 1,488.00 0 1,488. C' Pg. 95 PRTCT) F K,-,,omTON-ENCUSH-FIOWERS, INC. f. ��i CO.YAtK 1�K1.tI11�lsl MUU•pJW "EXHIBIT "A" TO ORDINANCE NO. 537" CITY OF EULESS ASSESSMENT ROLL FOR NORTH MAIN STREET FROM: ROYAL OAKS ESTATES (1488.4 ft. north of Harwood Road intersection) TO: TRAILWOOD DRIVE Revised 1 -25 -78 to reflect Council Resolution No. 442 dated January 10, 1978 PAGE 2 OF 5 PROPERTY OWNER DESCRIPTION OF PROPERTY COST OF z STREET BACK OF CURB TO @$55.65 /FR, FT. ASSESSMENT; RESIDENTIAL @ $18.60FR. FT. COMMERCIAL @ $37.2OFR. FT. APPARENT CREDITS ASSESSMENT LESS CREDITS LOT BLOCK ADDITION FRONT FOOTAGE EAST SIDE OF STREET: (continued) 8. Regional Properties, Inc. 5 1 2 Oakwood Acres Estates-(Vol. 388 -112 85.0 4,730.25 1,581.00 0 1,581.00 2431 Walnut Ridge Street Pg. 95 PRTCT Dallas, Texas 75229 j ,9. Regional Properties, Inc. 4 2 Oakwood Acres Estates Vol. 388 -112 85.0 4,730.25 1,581.00 0 1,581.00_. P . 95 PRTCT 10. Regional Properties, Inc. 3 2 Oakwood Acres Estates (Vol. 388 -112, 90.0 5,008.50 1,674.00 0 1,674.0_ Pg. 95 PRTCT 11. Regional Properties, Inc. 1 2 Oakwood Acres Estates Vol. 388 -112 2,232.0' Pg. 95 PRTCT) 12. Regional Properties, Inc. 1 1 Oakwood Acres Estates Vol. 388 -112 168.48 9,375.91 3,133.73 1,044.58 2,089.12 Pg. 95 PRTCT) 13. Harold F Hallet ux Bobby J. Tract 4 B. F. Crowley Survey Abstract No. 320 457.14 25,439.84 8,502.80 0 8,502.8. P.O. Box 366, Vol. 3544 Pg. 32 DRTCT Euless, Texas 76039 14. Paul E. Thomes, Trustee Tra t 4B B. F. Crowley Survey Abstract No. 320 664.07 36,955.50 12,351.70 0 12,351.7!- P.O. Box 6064 Vol. 5226 Pg. 780 DRTCT Arlington, Texas 76011 15. Harold L. Copher Tra t 5A1 B. F. Crowley Survey Abstract No. 320 200.00 11,130.00 3,720.00 0 3,720.: 1804 N. Main St. Vol. 4152 Pg. 100 DRTCT _ Euless, Texas 76039 wl L7 A1 KNCWLTON- ENGLISH - FLOWERS, INC. "EXHIBIT "A" TO ORDINANCE NO. 537" CITY OF EULESS ASSESSMENT ROLL FOR NORTH MAIN STREET FROM: ROYAL OAKS ESTATES (1488.4 ft. north of Harwood Road intersection) TO: TRAILWOOD DRIVE Revised 1 -25 -78 to reflect Council Resolution No. 442 dated January 10, 1978 PAGE 3 OF 5 r PROPERTY OWNER -" DESCRIPTION OF PROPERTY COST OF z STREET BACK OF CURB TO @ $55.65/FR: FT. ASSESSMENT; RESIDENTIAL @ $18.60 FR. FT. COMMERCIAL @ $ 37.2CFR. FT. APPARENT CREDITS ASSESSMEF LESS CREDITS LOT BLOCK ADDITION FRONT FOOTAGE EAST SIDE OF STREET: (continued) 16. Manning Grinnan, Trustee Tra t 5A1A B. F. Crowley Survey Abstract No. 320 212.66 11,834.53 3,955.48 0 3,955.48 5526 Dyer. (Vol. 5513 Pg. 984 DRTCT) Dallas, Texas 75206 17. Jessie Ray Hodge et ux Tract 5 B. F. Crowley Survey Abstract No. 320 151.8 8,447.67 2,823.48 0 2,823.48 Morena, Rt. 1, Box 68 Vol. 5281 Pg. 949 DRTCT) Euless, Texas 76039 2952.42 = LENGTH EAST SIDE Not includin 60' Street Right-of-Way) WEST SIDE OF STREET: 1. United Memorial Christian Tract 1B J. M. Cummings Survey Abstract No. 302 121.2 6,744.78 2,254.32 2,254.32 0 Church 1401 N. Main St. Vol. 388 -53 Pg. 67 PRTCT; Euless, Texas 76039 North 121.2 Ft. of 340' Frontage 2. Gerald G. Maloney 11 .6 Royal Oaks Estates 120.0 6,678.00 2,232.00 2,232.00 0 101 Oak Forest Trail (Vol. 388 -44, Pg. 25 PRTCT) Euless, Texas 76039 - 3. Billy D. Derrick 12 5 Royal Oaks Estates 120.0 6,678.00 2,232.00 2,232.00 0 100 Oak Forest Trail (Vol. 388 -44, Pg. 25 PRTCT) Euless, Texas 76039 `. Jackie D. Prewitt 11 5 Royal Oaks Estates 120.0 6,678.00 2,232.00 2,232.00 0 101 Shelmar Drive (Vol. 388 -44, Pg. 25 PRTCT) Euless, Texas 76039 a KNOMTON- ENGLISH- FLOWERS, INC. ,. � CO.W�K IKMII, / /a� Me.U•p.In "EXHIBIT "A" TO ORDINANCE NO. 537" CITY OF EULESS ASSESSMENT ROLL FOR NORTH MAIN STREET FROM: ROYAL OAKS ESTATES (1488.4 ft. north of Harwood Road intersection) TO: TRAILWOOD DRIVE Revised 1 -25 -78 to reflect Council Resolution No. 442 dated January 10, 1978 PAGE _4_O F 5 PROPERTY OWNER DESCRIPTION OF PROPERTY COST OF 2 STREET BACK OF CURB TO x$55.65 /FR'. FT. ASSESSMENT; RESIDENTIAL � FR. FT. C0M C21 L. FT. APPARENT CREDITS ASSESSMENT LESS CREDITS LOT BLOCK ADDITION FRONT FOOTAGE WEST SIDE OF STREET: (continued) 5. David A. Austin .12 4 Royal Oaks Estates 120.0 6,678.00 2,232.00 2,232.00 0 100 Shelmar Dr. Vol. 388 -44, Pg. 25 PRTCT Euless, Texas 76039 ,6- Hal C. Ferguson 11 4 Royal Oaks Estates 120.0 6,678.00 2,232.00 2,232.00 0 101 Walnut Wa Vol. 388 -44 Pg. 25 PRTCT Euless, Texas 76039 7. Geor e Beitel 12 3 Royal Oaks Estates 120.0 6,678.00 2,232.00 2,232.00 0 100 Walnut Way (Vol. 388 -44, Pg. 25 PRTCT) Euless, Texas 76039 8. Denzil Goode 11 3 Royal Oaks Estates 116.9 6,505.49 2,174.34 2,174.34 0 101 Ash Lane Vol. 388 -44 Pg. 25 PRTCT Euless, Texas 76039 9. Frank J. Svochak et ux 20 2 Oakland Estates 199.8 11,118.87 3,716.28 0 3,716.2 = Naomi J. 1603 N. Blain St. (Vol. 388 -V Pg. 33 PRTCT) Euless, Texas 76039 10. Reaves Royal Homes 19 2 Oakland Estates 208.5 11,603.03 3,878.10 0 3,878.1:: ' 729 Bedford - Euless Road (Vol. 388 -V Pg. 33 PRTCT) Hurst, Texas 76053 11. Newnan Mchlurtre 2 2 .Oakland Estates 203.5 11,324.78 3,785.10 0 3,785.' Rt. 1, Box 70 Vol. 388 -V Pg. 33 PRTCT Euless, Texas 76039 .r 7 FRK-,cmToN- ENGLISH - FLOWERS, INC. • "EXHIBIT "A" TO ORDINANCE NO. 537" CITY OF EULESS ASSESSMENT ROLL FOR Revised 1 -25 -78 to NORTH MAIN STREET reflect Council Resolution No. 442 dated January 10, 1978 FROM: ROYAL OAKS ESTATES (1488.4 ft. north of Harwood Road intersection) TO: TRAILWOOD DRIVE PAGE --5—O F 5 PROPERTY OWNER _., DESCRIPTION OF PROPERTY COST OF 2 STREET BACK OF CURB TO @ $55.65 /FR. FT. ASSESSMENT; RESIDENTIAL @ 18.60 FR, � FT. CO�r37R L. FT, APPARENT CREDITS ASSESS' !E.t' LESS CREDITS LOT BLOCK ADDITION FRONT FOOTAGE WEST SIDE OF STREET: (continued) 12. Dr. Ernest J. Sachse, Jr. 1 2 Oakland Estates 203.5 11,324.78 3,785.10 1,261.701 2,523.40 709 Oakwood Drive (Vol. 388 -V Pg. 33 PRTCT) Euless, Texas ,13. Samuel 0. Sartor 2 1 Oakland Estates 208.5 11,603.03 3,878.10 1,292.70 2,585.40 102 Oak Lane Vol. 388 -V Pg. 33 PRTCT Euless, Texas 76039 14. Curtis F. Dearing et ux 1 1 Oakland Estates 208.5 11,603.03 3,878.10 0 3,878. 10 Helen M. Vol. 388 -V Pg. 33 PRTCT 1223 Talley Rd. Chattanooga, Tn. 37411 15. Peter Sowirka 24R 1 Trailwood Addition (Vol. 388 -35 Pg. 74, 115 6,399.75 2,139.00 1,069.50 1,069.:;: 1800 Shadow Lane Revised, PRTCT) Euless, Texas 76039 16. N. G. Gilbreath 25R 1 Trailwood Addition Vol. 388 -35 Pg. 74, 167.7 9,332.51 3,119.22 19559.61 1,559.61 1802 Shadow Lane Revised, PRTCT) _. Euless, Texas 76039 17. Raymond Cronshey 26R 1 Trailwood Addition (Vo.l. 388 -35 Pg. 74, 100.0 5,565.00 1,860.00 930.00 930.C'' 1804 Shadow Lane Revised, PRTCT) (South 100' of 130.0' Euless, Texas 76039 Frontage) 2573.10 = WEST SIDE FOOTAGE (not including 270' for ftreet Right -of -Way