OR 52 Levys assessment against various persons & their property for payment of cost of improving Kaye Street ORDINANCE NO. 52
AN ORDINANCE LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS
AND THEIR PROPERTY FOR THE PAYMENT OF ALL OF THE COSTS OF IMPROVING
PORTIONS OF THE FOLLOWING STREET IN THE CITY OF COPPELL, TEXAS,
TO-WIT: THAT PORTION OF KAYE STREET WHICH EXTENDS EAST A DISTANCE OF
1800 FEET FROM ITS INTERSECTION WITH COPPELL ROAD; PROVIDING FOR
THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF
INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND
MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS
OWNING PROPERTY ABUTTING ON SAID STREET; PROVIDING FOR THE COLLECTION
THEREOF AND DECLARING AN EMERGENCY.
WHEREAS, HERETOFORE A RESOLUTION WAS DULY ADOPTED BY THE
CITY COUNCIL O~DE}~ING THE IMPROVENfENT OF THAT PORTION OF KAYE STREET
EXTENDING EAST A DISTANCE OF 1~00 FEET FROM ITS INTERSECTION OF
COPPELL ROAD, BY CONSTRUCTING CONCRETE GUTTEi~S AND CUP~BS
INCHES IN HEIGHT, ~,VING A TOTAL OVE~.LL WIDTH OF CURB AND GUTTER
OF ~ INCHES, AND,
WHEREAS, PURSUANT TO SAID RESOLUTION, SPECIEICATIONS WERE
PREPARED FOR SAID WORK BY THE CITY ENGINEER, FILED WITH THE CITY
COUNCIL, EXAMINED, APPROVED AND ADOPTED BY IT, ALL AS REQUIRED BY
LAW, AND,
WHEREAS, THEREAFTER, IN COMPLIANCE WITH THE LAW THERE WAS
PREPARED STATEMENTS AND LISTS SHOWING THE NAMES OF PROPERTY O~E~%S
I/PON SAID STI~EET, THE DESCRIPTION OF THEIR PROPERTY, THE TOTAL COST
OF SAID IMPROVEMENT, THE COST THEREOF, PER FRONT FOOT AND THE COST OF
EACH PROPERTY OWNER, SAID STATEMENTS POSSESSING ALL THE OTHER REQ-
UISITES REQUIRED BY LAW; A~D,
WHEREAS, THEREAFTER SAID STATEMENTS WERE FILED WITH THE
CITY COUNCIL AND BY THEM EXAMINED AND APPROVED AND A RESOLUTION
WAS PASSED BY SAID COUNCIL DETERMINING THE NECESSITY OF MAKING AN
ASSESSMENT FOR ALL OF THE COSTS OF SAID IMPROVEMENT AGAINST PROPERTY
OWNERS AND THEIR PROPERTY, FIXING A TI~E AND PROVIDING FOR A HEARING
TO SUCH OWNERS, THEI~ AGENTS OR ATTORNEYS, ALL IN ACCORDANCE WITH THE
TERMS OF APPLICABLE LAW, AT WHICH HEARING SAID OWNERS WERE HE~RD AS
TO THE BENEFITS OF SAID IMPROVEMENT TO THEIR P~OPERTY, AND TO ANY
ERROR OR INDIVIDUALITY IN SAID P~CEEDINGS, OR TO ANY MAT~ER OR
THING CO~qECTED WITH SAID IMPROVEMENTS; AND,
WHEREAS, THE SAID RESOLUTION IN CONNECTION WITH THE IM-
PROVEMENT OF CAID STREET WAS DULY ADOPTED IN COMPLIANCE WITH THE
LAW ON THE 4th~AY OF __ ~, 19~g' ; AND,
WHEREAS, THEREAFTER IN ACCORDANCE WITH THE TERMS OF THE
LAW, THE CITY SECRETARY OF THE CITY OF COPPELL, TE~S, GAVE NOTICE
TO THE PROPERTY OWNERS ON SAID STREET, THEIR AGENTS AND ATTORNEYS,
OF SAID HEARING, BY PUBLISHING NOTICE OF SAID HEARING THREE TIMES
IN THE n=~l=~ w~ Mmwn , THE N~iAI~ST NEWSPAPER TO SUCH
CITY OF GENERAL CIRCUEATION IN DALLAS COUNTY, TEXAS, THE FIRST PUB-
LICATION HAVING BEEN MADE AT LEAST TEN DAYS BEFORE THE DATE OF SAID
HEARING. FAILURE OF SUCH PROPERTY OWNERS TO ~ECEIVE SAID NOTICES
S~LL NOT INVALIDATE THESE PROCEEDINGS; AND,
WHEREAS, SAID HEARI}~G WAS HELD AT THE TIME AND PRICE MEN-
TIONED IN SAID RESOLUTION AND NOTICE, TO-WIT, ON THE~.S~.~ DAY OF
Iul- , 19~9 , AT ?~D O'CLOCK ,~ AT THE
COU~IL CHASER OF THE CITY 'HALL O'~ '~, 'CITY OF ~L, TE)~S,
WHICH H~Az[ING WAS CONTINUED FROM DAY TO DAY, AND TI~E TO TIICLE, UNTIL
THE ~1.__ DAY OF __ July , ].9~, AN~ WAS THEN CLO~ED; AND,
WHEREAS, AT SAID HEARIi'~ ALL SAID DESIRING TO CONTEST THE
~iAID ASSESSMENT, CORRECT THE SAME, OR IN ANY ~NNER BE HE4kRD COLCERNING
THE BENEFITS OR BURDENS THEREOF, OR IN ANY OTHER MATTER, WERE H~RD,
AND ERRORS AND ALL NATTERS OF ERROR OR MISTAKE OR INEQUALITY OR
OTItER MATTERS REQUIRING RECTIFICATION WERE CALLED TO THE ATTENTION
OF THE COUNCIL AND WERE RECTIFIED AND CORRECTED; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TE)~S:
SECTION l: That the action of the City Council closing the
hearing and o~erruling th~ protests at the Public Hearing on th~ ~l~t.
day of July , 1~69, in these proceedings is hereOy rati~e~
and con,irked by this Ordinance. That the City Council, from the
evidence, finds that the assessments therein levied should ~e made and
levied a~ains.t the respective parcels of property abutting ~po~ the
street hcreinbelow mentioned and against the owners thereof, and that
such assessments and charges are right and proper, and are substan-
tially in proportion to the benefits to the respective parcels cf
property by ~eans of the improvement in the ~nit or district for which
such assessments are levied, and establish substantial .justice aaa
equality ~nd uniformity between the respective owners of the res-
pective properties and between ~Ii parties concerned, considering
the oenefits received end tile Durdens imposed~ end further finds that
in e~ch case the abuttin~ property assessed is specifically benefited
in enhanced value to the said properties by neans of said improvements
in the unit or district upon which the particular ~buts, ~nd for
which assessment is levied ~nd ch~rge ~ade, in a s~m in exces~ of
said assessment and charge made a~ainst the same by this ordinance,
and further finds that the apportionment of the cost and the improve-
ments is in accordance with the 2aw in force ia this City eno the
proceedings of the City neretofor~ had with reference to said improve-
~ncnts ~nd is in all respects valid and regular.
SECTION 2: That there sh~ll De and is hereby levied end
assessed against the parcels of property hereinbelow n~entioned, and
against the real and true owners thereof, (whether the owners be
correctly named herein or not), the sums of ~noney De!owed mentioned
and 5temized shown opposite tine description of the respective parcels
of property, and the several amounts assessed against the same, and
the owners thereof, as far as such owners are known, i)eing shown on
Exhibit "A", which is attached hereto and made a part hereof the
same as if copied in full herein.
SECTION 3: Where more than one person, firm or corporation
owns an interest in any propeyty above described~ which said person,
firm or corporation shall be personally liable only for its or his
or her pro rata of the total assessment against such property in
proportion to its, his or her respective interest bears to the total
ownership of such property, and its, his or her respective interest
in such property may be released from the assessment lien upon paRr-
meat of such proportionate sum.
SECTION 4: The several sums above mentioned and assessed
against the said parcels of property and the owners thereof, and
interest thereon at the rate of _j~__ %,per annum, together with
reasonable attorney's fees and costs of collection, if incurred,
are hereby declared to be and are made a lien upon the rsspectJve
parcels of property against which the same ~re assessed, and a
personal liability and charge against the real and true owners of
such property, whether such owners be named herein or not, and the
said liens shall be and constitute the first enforceable lien and
claim against the property on which such assessments ~re !evied~
and shall be a first and paramount lien thereon, superior to all
other liens and claims except State, County, School District and
City a~ valorem taxes.
The sums so assessed against the abutting property and the
owners thereof, shall be sad become due and payable as follows, to-
wit: In 6 ~w% _ equal installments, the ..z~st payable ou or
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before thirty (30) days from the completion and acceptance of the
improvement in the unit or district upon which the property abuts,
and one (1) each month thereafter until the total amount is paid;
deferred payments shall bear interest from the date of such com-
pletion and acceptance at the rate of ~per cent per annum,
pCyable monthly with each installment, so that upon completion and
acceptance of the improvements Jn a particular unit or district,
assessments against such completed and accepted unit or district
shall be and become due and payable in such installments, and with
interest from the date of such completion and acceptance; provided,
however, [hat any owner shall have the right tc pay the entire assess-
inent or any installment thereof before maturity, by payment of prin-
cipal and accrued interest, and further provided that if default
shall be made in the payment of say installment of principal or in-
terest promptly as the same m~tures, the entire amount of the asse-
ssment upon which such default is made shall, at the option of the
City of Coppell, or its assigns, be and become immediately due and
payable, and shall be collectible, together with reasonable attorney's
fees and costs of collection, if incuired.
SECTION 5: That if default is made in the payment of any
of said sums hereby assessed against ~he property owners and their
property, collection thereof shall be enforced either by sale of said
property by the assessor and collector of taxes of the City of Coppell
as near as possible in the manner provided for the sale of property
for nonpayment of ad valorem taxes; or at the option of the City of
Coppell, the payment of said sums shall be enforced by suit in any
Court having jurisdiction.
SECTION 6: That for the purpose of evidencing the several
sums payable by said property owners at the time and terms of payment,
and to aid in the enforcement thereof~ assigneable certificates may
be issued by the City of Coppell, on the completion and acceptance
of said wor~ of improvement, which shall, be executed by the Mayor,
signing the same by his facsimile signature impressed thereon, attested
by the City Secretary, under the impress of the corporate seal, and
shall be payable to the City of Coppell, or its assigns, which cer-
tificate shall declare said amounts and the time and terms of pay-
ment thereof, and said rate of interest payable thereon, and shall
contain the name of the owner and the description of his property
by lot or block number or front feet thereof, or such description
as may otherwise identify the same by reference to any other fact,
and if said property shall be owned by an estate, then the description
thereof as so owned shall be sufficient.
And the said certificate shall f~rther provide that if
fault be made in the payment of any installment of principal or in-
terest thereon, when due, then at the option of ~he City of Coppeil,
being the owner and holder thereof, the whole of said assessment shall
at once become due and payable and shall be collectible with reason-
able attorney's fees and costs, if incurred.
That said certificate shall further set forth and evidence
the said personal liability of the owner and the lien upon his prem-
ises, and shall provide ~hat if default shall be ~ade in the payment
thereof, the same may be enfo~%ced either by sale of the property
by the Tax Assessor nnd Collector of the City of Coppell, as above
recited, or by suit in any court having jurisdiction.
And said certificate shall further recite ~hat the pro-
ceedings with reference to making said improvements have been reg-
ularly had in compliance with the terms of the applicable law, and
that all prerequisites to the fixing of the ~ien and claims of per-
sonal liability evidenced by such certificate have been performed,
which recitals shall be evidence of the facts so recited and no further
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proof thereof sh~ll be required.
That said certi£icates shall also provide the amounts
payabls thereunder sh~ll be paid to the Assessor and Collector of
Texas of lhe City of Coppe!l, who shall credit said payments upon
said certificates, and shall immediately deposit the araount so
collected with the City Treasurer of the City of C~ppe~l, ~o be kepi
and he~d by him in ~ special fund, which is hereb~ designated as
STREET IMPROVEMENT F~D, and which payments shall be made by the
Treasurer of the City of Coppell or other holder of ~aid cerlificates,
upon presentation ~hereof to him, duly credited by the A~sessor ;~nd
Collector of Taxes being lhe Treasurer's War~anly for making such
p~ymen/ and the said City of Coppell or other holder of said cer-
tificale shall receipt in writing to said Treasurer when paid in
full, together with all costs of collection.
And the said certificates shall further provide that thc
City of Coppell shall exercise all legal power, when requested
do so by the holder of said certificate to aid in the collection
thereof; that the City of Coppell shall in no wise be liable to the
holder of said certificates in any manner for payment of the amount
evidenced by said certificate or fo~~ shy costs or expense in the
premises, or for any faileure of the City Council or any of its
officers in connection therewith.
Full power to make and levy' reassessments, and to correct
mis/a~Kes~ erro~s~ invalidations or irrei~ularities, either in the
assessments or the certificates issued in evidence thereof, is in
accordance with the l~w in force in this City, vested in the City.
SECTION 7: All nssesssents levied are ~ personal lia-
bility and charged against the real and true cwners of the premises
described, notwithstanding such owners may no~ be named, or may be
incorrectly named.
SECTION 8: The assessments herein levied are made and
levied under nnd by virtue of the terms, powers and p~'ovisions
an act passed by the First Called Session of the 14th Leg~isla/ure
cf the Sta~e of Texas, known as Chapter I05 o~'_ the Acts of said
~j~ession, with ~mendmen/s thcre/o~ now shown as Article i105~) of
Vc~'non's Texas Civil Statutes.
S~CTION ~: Th~ assessments so levied a:,'e for the improve-
~ents in the particular unit or district upon which i:he property
described, and the assessments for the improvements in one unit
district are in no wise related to or connected with lhe improve-
ments in any other unit or districT, and in :sking assess~ents
i.n holding said hearings, the a'~ounts assesse0~ for i~.~.pr'ovements in
one unlt or district have been in no wise affected by ~.ny fact
anywise connected wStk the imp~'ovemeuts or assess~uents therefor
say other unit or district.
U~CTION i0: The _~act th~t in o~der to finance the~e
provcments in an expeditious ~:mnne:c creates an urgenc~ and ~'.n
gency in the immediate p?eservation of pub ic peace, health,
safety and ?ecuires that this o;diuance sh:~ll tahe effect
upon its passa%fe as the I~ in such cases pzovides.
D~=Y PACSED DY THI~ CITY COU~CIL OF THE CITY OF COPPELL,
T.~ ...... , ON THE /~th~AY OF Aug. , _909
ATTE~;T:
CITY
APPROVED AS TO FORM:
CITY ATTORNEY ~ ~
[
ASoE~oM.~NT ROLL
FRONT
NAME ~ ADDRESS PROPERTY DESCRIPTION POOTAGE AMOUi~T
EXHIBIT "A" -' PAG]~ 1