RE 07-07-69 RESOLUTION NO. 070769 WHEREAS, the CITY OF COPPELL, TEXAS, deems it necessary to permanently improve that portion of KAYE STREET in the City of' Coppe11, Dallas County, Texas, which extends East a distance of 1600 feet from its intersection with Coppe11 Road: NOW~ THEREFORE,.BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O~ COpPELL~ TEXAS: SECTION 1: That that portion of Kaye Street in the City of Coppell, Dallas County, Texas, which extends East a distance of 1600 feet from its intersection with Coppell Road shall be improved by the construction of concrete gutters, with a curb ~ inches in height, having a total overall width of curb and gutter of .: ~ inches. That bids shall be taken for the construction of the work for the type of construction enumerated above and the work shall be done With materials and according to plans, specifications and methods selected by the City Council,after the bids are opened. SECTION 2: All of the costs shall be assessed against the owners of property abutting upon the above described street, respectively in accordance with what is.known as the "Front Foot Pian',in proportion as the frontage of the property of each owner is to th~ whole frontage to be improved and,shall be payable in monthly installments not to exceed ~ in number, the first of which shall be due and payable within thirty (30) days from the date of the'c~mpletion of said' improvements and their acceptance bY the City of Coppe11:~ and one installment each.month thereafter until paid in full, together with interest thereon at the rate of ~__% per annum, with provision that said installments may be paid at any time before maturity by the payment of the principal and accrued inter- est thereon. Any property owner against whom and whose property an assessment has been made, may pay the whole assessment chargeable to him without interest within thirty days after the acceptance and com- pletion of said improvement. Provided that if the application of the above mentioned rule of apportionment between property owners would, in the opinion of the City Council, in particular cases be unjust or unequal, it shall be the duty of said City Council. to assess and proportion said cost in such manner as it may deem just and equitable, having in view the special benefits in enhanced value to be received by each owner of such property, the equities of owners and the ad- justment of such apportionment so as to procure a substantial equality of benefits received by and burdens imposed upon such owners. That no such assessment shall be made against any owner of abutting property until after the notice is given and the hearing held as provided by law, and no assessment shall be made against an owner of abutting property in excess of the benefits to such property in enhanced value thereof by means of such improvements. SECTION 3: That a hearing shall be given to said owners of abutting property, or their agents or attorneys, and all persons interested in said matter, as to the amounts to be assessed against each owner and his abutting property, and as to the benefits to said property by reason of said improvements, or any other matter or thing in connection therewith, which hearing shall be held in the Council Chamber of the City Hall, City of Coppell, Texas, on the ~/ day of .~/ V , 19~ , at ?f~ o'clock p M., at which time. ! all of said owners, their agents or attorneys, or other interested persons are notified to appear and be heard, and at said hearing said owners and other persons may appear by counsel or ~n p~rson and may offer evidence. Said hearing shall'be adjourned from day to day until fully completed. SECTION 4: The City Secretary of the City of Coppell is hereby directed to give notice of the time and place of such hearing and of other matters and facts in accordance with the terms and pro- visions of the Act passed at the first called session of the 14th Legislature of the State of Texas, known as Chapter 106 of the Acts of said session,together with any amendments thereto, now shown as Article 1105b of Vernon's Texas Civil Statutes. There being no news- paper published within the City, said notice shall be by advertisement inserted at least three times in the newspaper nearest to the City of Coppell, which is of general circulation in Dallas County, the first publication to be made at least ten days before the date of said hearing. Said notice shall comply with and be in accordance with the terms and provisions of Said Act. SECTION 5: That this resolution shall take effect immed- iately from and after its passage. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF COPPELL~ TEXAS, ON THE '~.~ DAY OF __~_ , 1969. APPROVED: APPROVED AS TO FORi/: -3-