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HomeMy WebLinkAbout540 02-28-1978ORDINANCE NO. 540 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 HARWOOD ROAD 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 of 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 Harwood Road in the City of Euless, Texas, having been held on the 28th day of February, 1978, at 8:00 P.M., in the Council Chamber of the .Municipal Buidling, 201 North Ector Drive 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 levied, 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- equalities, 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 dre 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, 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 -2- default in payment of annual installment until paid. Section 7: If default is made in the payment of any such in- stallments 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 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 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. Such certificates may also contain 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 -3- any deficiency in proceedings with reference thereto and correct any mistakes or irregularity in connection therewith, and at any time to make and levy reassessment 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 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. 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 such 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 28th day of February, 1978, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 4 ayes and 0 nays and I abstentions. APPROVED: Harold Samuels, Mayor -4- ATTEST: &:e,2 ZL,, City Secretary, Della 4016uy APPROVED: M. Robert McFarland, City Attorney -5- , KNOWLTON- ENCUSH- FLOWLERS, INC. rt� Ca.+\ \I�lMtl.11l ilal NOriA�DJ.. CITY OF EULESS ASSESSMENT ROLL FOR NORTH MAIN STREET (SEC. III) FROM: HARWOOD ROAD NORTH TO: SOUTHWEST CORNER OF LOT 12B OF RAY SHELTON SUBDIVISION PAGE---!_OF ? �- PROPERTY OWNER DESCRIPTION OF PROPERTY COST OF L STREET BACK BACK OF CURB TO . /FR. FT. ASSESSMENT RESIDENTIAL @ S18.60 COMI�iERCIAL ^L APPARENT CREDITS ASS ESSMEN- LESS CREDITS LOT BLOCK ADDITION FOOTAGE I =c- JJ 1 i BILL PASTEUR et al 1 Ray Shelton Vol. 5203 P . 194 1,312.05 69 145.04 48,808.26 0 48,808.26 lst National Park Bldg., Suite 101 D.R.T.C.T. Zoned Commercial Euless, Texas 76039 RICHARD J. THOMES 12AI Ray Shelton Vol. 5205 P . 701 D.R.T.C.T. Zoned Commercial 191.2 10 076.24 7,112.64 0 7,112.64 600 Carpenter Freeway- reewa West Irving, Texas 75062 .1,503.25' = LENGTH EAST SIDE ,lCigARY & CO. ESCROW 1 2 Oak Forrest; J.M. Cummings Survey 165.0 8,695.50 6,138.00 6,138.001 0 i 428 Bedford Rd. W. Zoned Commercial Hurst, Texas 76053 ! JOE GP,ISSAFFIC 2AJ 2 Oak Forrest; J.M. Cummings Survey 527.24 27 785.55 19,613.33 19,613.33 0 I (MAIN- HARWOOD JOINT VENTURE Zoned Commercial 3012 Fairmount _ Dallas, Texas 75201 Oak ForrP • J.M. 15 456.60 15.456.60 0 PROPERTY MANAGEMENT DIVISIOIN 3 FIDELITY UNION LIFE INSURANCE Zoned Commercial i 620 Fidelity Union Tower Dallas, Texas 76021 CITY OF EULESS ASSESSMENT ROLL FOR rr ; ~KiNOWLTON- ENGLISH- FLOWERS, INC. NORTH MAIM STREET (SEC. III) FROM: HARWOOD ROAD NORTH TO: SOUTHWEST CORNER OF LOT 12B OF RAY SHELTON SUBDIVISION PAGE 2 OF 2 PROPERTY OWNER NEST SIDE CONT' D. DESCRIPTION OF PROPERTY COST OF 2 STREET BACK OF CURB TO Q 552.70/FR. FT. ASSESS'ENT RESIDE'J IAL @ S18.60 CCP^iERCIAL 537:20 APPARENT CREDITS ASSESS"'E4- LESS CREGITS LOT BLOCK ADDITION FRONT FOOTAGE UNITED MEPiORIAL CHRISTIAN Tract 1B J.M. Cummings Survey 218.8 11,530.75 4.069.68 4,069.68 0 CHURCH, 1401 N. Main Street Abstract No. 302 (Vol. 388 -53) Euless Texas 76039 P . 67 D.R.T.C.T.• South 218.8 ft. of 340' Frontage; Zoned Residential - D RIGHT-OF-WAY) TOTALS 2,829.79 149,129.94*_ 101 198.51 5 297.61 557920.40 *NOTE: THIS VALUE DOES NOT EXACTLY EQUAL THE AhiOUNI T OF ACTUAL TOTAL COST BECAUSE OF ROUND OFF IN DETERMINING HE COST PER FRONT FO T.