HomeMy WebLinkAboutOrdinance 2056
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ORDINANCE NO. 2056
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF
THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREET: RODGER LINE
DRIVE FROM CALLOWAY BRANCH TO BOOTH-CALLOWAY ROAD IN THE CITY OF
NORTH RICHLAND HILLS, TEXAS; FIXING CHARGES AND LIENS AGAINST THE
OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS
AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF;
RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING
THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT
GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE
ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY
COUNCIL OF NORTH RICHLAND HILLS, TEXAS, AND BY FILING THE ORDINANCE IN
THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of North Richland Hills, Texas has by Ordinance No. 2056,
heretofore ordered that each of the hereinafter described portions of streets, avenues and
public places in the City of North Richland Hills, Texas, be improved by raising, grading or
filling same and by constructing thereon permanent surface in accordance with
specifications of the State of Texas on proper grade and line where same are not already so
constructed together with storm drains and other necessary incidentals and appurtenances;
all of said improvements are to be constructed as and where shown in strict accordance
with the plans and specification therefor, said portion of streets, avenues and public places
being as follows, to wit:
RODGER LINE DRIVE
FROM CALLOW A Y BRANCH TO BOOTH-CALLOWAY ROAD
and,
WHEREAS, estimates of the cost of the improvements on each such portion of
streets, avenues and public places were prepared and filed by Ordinance No. 2055,
approved and adopted by the City Council of the City, and a time and place was fixed for a
hearing and the proper notice of time, place and purpose of said hearing was given and said
hearing was had and held at the time and place fixed therefore, to wit, on the 12th day of
June, 1995, at 7:30 p.m. o'clock, in the Council Chambers in the City of North Richland
Hills, Texas, and at such hearing the following protests and objections were made, to wit:
and all desiring to be heard were given full and fair opportunity to be heard, and the City
Council of the City having fully considered all proper matters, is of the opinion that the said
hearing should be closed and assessments should be made and levied as herein ordered:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICH LAND HILLS, TEXAS, THAT:
I.
Said hearing, be and the same is hereby, closed and the said protests and objections,
and any and all other protests and objections, whether herein enumerated or not, be and the
same are hereby, overruled.
12028
2305
Ordinance No. 2056
Page 2
II.
The City Council, from the evidence, finds that the assessments herein levied should
be made and levied against the respective parcels of property abutting upon the said
portions of streets, avenues and public places and against the owners of such property, and
that such assessments and charges are right and proper and are substantially in proportion
to the benefits to the respective parcels of property by means of the improvements in the
unit for which such assessments are levied, and establish substantial justice and equality
and uniformity between the respective owners of the respective properties, and between all
parties concerned, considering the benefits received and burdens imposed, and further finds
that in each case the abutting property assessed is specifically benefited in enhanced value
to the said property by means of the said improvements in the unit upon which the
particular property abuts and for which assessment is levied and charge made, in a sum in
excess of the said assessment and charge made against the same by this ordinance and
further finds that the apportionment of the cost of the improvements is in accordance with
the law in force in this City, and the proceedings of the City heretofore had with reference
to said improvements, and is in all respects valid and regular.
III.
There shall be, and is hereby, levied and assessed against the parcels of property
hereinbelow mentioned, and against the real and true owners thereof (whether such owner
be correctly named herein or not), the sums of money itemized below opposite the
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, being as follows:
(see attached charts)
IV.
Where more than one person, firm or corporation owns an interest in any property
above described, each said person, firm or corporation shall be personally liable only for its,
his or hers pro rata of the total assessment against such property in proportion as 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 payment
of such proportionate sum.
V.
The several sums above mentioned and assessed against the said parcels of property,
and the owners thereof, and interest thereon at the rate of eight percent (8%) per annum,
together with reasonable attorney's fees and costs of collector, if incurred are hereby
declared to be and are made a lien upon the respective parcels of property against which the
same are assessed, and a personal liability and charge against the real and true owners of
such owners be correctly 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 are levied,
and shall be a first and paramount lien thereon,
12028
2306
Ordinance No. 2056
Page 3
superior to all other liens and claims, except State and County, School District and City
valorem taxes.
The sums so assessed against the abutting property and the owners thereof shall be
and become due and payable as follows, to wit: in five (5) equal installments, due
respectively on or before thirty days (30), one (1), two (2), three (3), and four (4) years
from the date of completion and acceptance of the improvements in the respective unit, and
the assessments against the property abutting upon the remaining units shall be and
become due and payable in such installments after the date of the completion and
acceptance of such respective units, and shall bear interest from said date at the rate of
eight percent (8%) per annum, payable annually with each installment except as to the first
installment, which shall be due and payable at the maturity thereof, so that upon the
completion and acceptance of the improvements in a particular unit, assessments against
the property abutting upon such completed and accepted unit shall be and become due and
payable in such installments, and with interest from the date of such completion and
acceptance. Provided, however, that any owner shall have the right to pay the entire
assessment, or any installment thereof, before maturity by payment of principal and accrued
interest, and provided further that if default shall be made in the payment of any installment
or principal or interest promptly as the same matures, then the entire amount of the
assessment upon which such default is made shall, at the option of said City of North
Richland Hills, or its assigns be and become immediately due and payable, and shall be
collectible, together with reasonable attorney's fees and costs of collection incurred,
PROVIDED, however, that the City of North Richland Hills retains the right to authorize
payment of the sums assessed against property abutting upon such completed and accepted
unity over a period of not more than four years in equal regular installments or not less than
TEN AND NO/100 DOLLARS ($10.00) each, the first year installments to become due and
payable not more than thirty days (30) after the completion and acceptance by the City of
the particular unit, and PROVIDED FURTHER that such method of payment shall be
authorized only in instances where the owner or owners of property abutting upon such
completed and accepted unit shall have executed and delivered to the City of North Richland
Hills granting a mechanic's lien upon and conveying to the said abutting property in trust to
secure the payment of said owner or owners according to the terms thereof of the sums
assessed against such property.
VI.
If default shall be made in the payment of any assessment, collection thereof shall be
enforced either by the sale of the property by the City of North Richland Hills as near as
possible in the manner provided for the sale of property for the nonpayment of ad valorem
taxes, or at the option of the City of North Richland Hills, or its assigns, payment said sums
shall be enforced by suit in any court of competent jurisdiction or as provided in any
mechanic's or materialman's contract as foresaid, and said City shall exercise all of its
lawful powers to aid in the enforcement and collection of said assessments.
120?O
LU
2307
Ordinance No. 2056
Page 4
VII.
The total amount assessed against the respective parcels of abutting property, and
the owners thereof, is in accordance with proceedings of the City relating to said
improvements and assessments therefore, and is less than the proportion of the cost
allowed and permitted by the law in force in the City.
VIII.
Although the aforementioned charges have been fixed, levied and assessed in the
respective amounts hereinabove stated, the City Council does hereby reserve unto itself the
right to reduce the aforementioned assessments by allowing credits to certain property
owners where curb and/or gutter or paving presently exists.
Notwithstanding the City Council has herein reserved the right to issue credits as
hereinabove provided, it shall not be required to issue such credits, and will not do so, if
same would result in any inequity and/or unjust discrimination.
The principal amount of each of the several assessment certificates to be issued the
City of North Richland Hills, Texas, as hereinafter provided, shall be fixed and determined by
deducting from the amount of any assessment, hereinabove levied such amount or amounts,
if any, as may hereafter be allowed by the City Council as a credit against the respective
assessments.
IX.
For the purpose of evidencing the several sums assessed against the respective
parcels of abutting property and the owners thereof, and the time and terms of payment to
aid in the enforcement and collection thereof, assignable certificates in the principal amount
of the respective assessments less the amount of any respective credit allowed thereon,
shall be issued by the City of North Richland Hills, Texas, upon completion and acceptance
by the City of the improvements in each unit of improvement as the work in such units is
completed and accepted, which certificates shall be executed by the Mayor in the name of
the City and attested by the City Secretary, with the corporate seal of the City of North
Rich/and Hills, or its assigns, and shall declare the said amounts, time and term of payment,
rate of interest, and the date of completion and acceptance of the improvements abutting
upon such property for which the certificate is issued, and shall contain the name of the
owners, if known, description of the property by lot and block number, or front feet thereof,
or such other descriptions as may otherwise identify the same; and if said property shall be
owned by an estate, then the description of same as so owned shall be sufficient and no
error or mistake in describing any property, or in giving the name of the owner, shall
invalidate or in anyway impair such certificate, or the assessments levied.
The certificates shall provide substantially that if same shall not be paid promptly
upon maturity, then they shall be collectible, with reasonable attorney's fees and costs of
12028
2308
Ordinance No. 2056
Page 5
collection, if incurred and shall provide substantially that the amounts evidenced thereby
shall be paid to the City Secretary of the City of North Richland Hills, Texas, who shall issue
his receipt therefore, which shall be evidence of such payment on any demand for the same,
and the City Secretary shall deposit the sums so received in a separate fund, and when any
payment shall be made to the City Secretary, upon such certificate shall, upon presentation
to him of the certificate by the holder thereof, endorse said payment thereon. If such
certificate be assigned then the holder thereof shall be entitled to receive from the City
Secretary the amount paid upon presentation to him of such certificate so endorsed and
credited; and such endorsement and credit shall be the Secretary's Warrant for making such
payment. Such payment by the Secretary shall be receipted for by the holder of such
certificate in writing and by surrender thereof when the principal, together with accrued
interest and all costs of collection and reasonable attorney's fees if incurred have been paid
in full.
Said certificate shall further recite substantially that the proceedings with reference
to making the improvements have been regularly had in compliance with the I,aw, and that
all prerequisites to the fixing of the assessment lien against the property described in such
certificate and the personal liability of the owners thereof have been performed, and such
recitals shall be prima facie evidence of all the matters receipted in such certificates, and no
further proof thereof shall be required in any court.
Said certificates may have coupons attached thereto in evidence of each or any of
the several installments thereof, or may have coupons for each of the first four installments,
leaving the main certificate to serve for the fifth installment, which coupons may be payable
to the City of North Richland Hills, or its assigns may be signed with the facsimile signatures
of the Mayor and City Secretary.
Said certificates shall further recite that the City of North Richland Hills, Texas, shall
exercise all of its lawful powers, when requested to do so, to aid in the enforcement and
collection thereof, and may contain recitals substantially in accordance with the above and
other additional recitals pertinent or appropriate thereto; and it shall not be necessary that
the recitals be in the exact form set forth, but the substance thereof shall be sufficient. The
fact that such improvements my be omitted on any portion of any of said units adjacent to
any premises except from the lien of such assessments shall not in anywise invalidate,
affect or impair the lien of such assessment upon other premises.
X.
Full power to make and levy assessments and to correct mistakes, errors, invalidities
or irrgularities, either in the assessments or in the certificates issued in evidence thereof, is
in accordance with the law in force of this City, vested in the City.
XI.
All assessments levied are a personal liability and charge against the real and true
owners of the premises described, notwithstanding such owners may not be named, or may
be incorrectly named.
12028
2309
Ordinance No. 2056
Page 6
XII.
The assessments so levied are for the improvements in the particular unit upon which
the property described abuts, and the assessments for the improvements in any units are in
no way affected by the improvements or assessments in any other unit and in 'making
assessments and in holding said hearing, the amounts assessed for improvements in anyone
unit have been in nowise connected with the improvements or the assessments therefore in
any other unit.
XIII.
The assessments levied are made and levied under and by virtue of the terms,
powers and provisions of an Act passed at the First Called Session of the Fortieth
Legislature of the State of Texas, known as Chapter 106 of the Act of said session and now
shown as Article 11 05b of Vernons' Texas Civil Statutes.
XIV.
The City Secretary is hereby directed to engross and enroll this ordinance by copying
the caption of same in the Minute Book of the City Council of North Richland Hills, Texas,
and by filing the complete ordinance in the appropriate Ordinance Records of said City.
XV.
This ordinance shall take effect and be in full force and effect from and after the date
of passage except as provided in this paragraph. If the assessed tract is owner occupied
and actually being used as the owner's residence homestead on this date, interest on the
assessment is waived until such time as the property is sold, rezoned, platted, or building
permit is issued or until the time of the owner's death if that person still owns the property
at the time of his or her death.
In order to qualify for such waiver the owner of the actual tract being used as active
homestead must provide the City Secretary an affidavit setting forth the fact of actual
residence upon said tract on this date of passage; such affidavit must be furnished on a
form provided by the by the City Secretary within 90 days of passage.
12028
2310
Ordinance No. 2056
Page 7
XVI.
This ordinance shall take effect and be in full force and effect from and after the date
of its passage and it is so ordained.
PASSED AND APPROVED this 12th day of June, 1995.
ATTEST:
(l A "-" ~ ~M:'
JF Rewis, City Secretary
APP~S TO FORM AND LEGALlT
Rex CE~~ Ity
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Tommy Brown,
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12028
~~
23 I I
RODGER L I N E DR I V E ASSESSMENT RATES
Paving and Drainage Improvements *1 Curb & Gutter $7.15/F.F.
*2 Sidewalks (4' Wide) 8.01/L.F.
City of North Richland Hills *3 Sidewalks (5' Wide) 10.01/L.F.
Tarrant County, Texas *4 Drainage 21.72/F.F.
*5 Drives (20' Wide) 820.84/Each
« ASSESSMENT ROLL» *6 Drives (30' Wide) 1 , 167 .34/Each
*7 Paving 65.74/F.F.
June 5, 1995
UNIT PROPERTY PROPERTY ASSES. FRONT ASSES. APPAR. ASSES.
NO. OWNER DESCRIPTION CAT. FOOT RATE CREDITS LESS
AND ADDRESS CREDITS
1. City of Tract 95
North Richland Calloway
Hills Addition
Vol. 10616, Pg.
1491 NF 36.20 $104.62 $0.00 $3,559.96
2. Morton Schwartz Lot A-R-4
7300 Calmont Calloway
Ave. Addition
Ft. Worth, Texas Vol. 388-160,
76116-4005 Pg.49
NF 144.80 Covenant Covenant Covenant
3. Alan Young Remainder of
Buick, Inc. Lot A
P.O.-Box 18769 Calloway
Ft. Worth, Texas Addition
76180 Vol. 388-159,
Pg. 33 NF 445.80 107.24 0.00 47,806.94
4. Allen E. Samuels Lot B
P.O. Box 7978 Calloway
Waco, Texas Addition
76714-7978 Vol. 388-98,
Pg. 1 NF 387.78 104.74 0.00 40,606.62
5. Hospitál Corp. of Lot 1, Block E
America Calloway Farm
4401 Booth Addit.
Calloway Rd. Vol. 388-158,
N.R.H., Texas Pg. 60
76180-7371 NF 1,014.50 Covenant Covenant Covenant
NOTES:
Assessment Rates Listed Above are Averages based on the following components:
Unit 1. *1, *3, *4, *7
Unit 3. *1, *3, *4, *6, *7
Unit 4. *1, *2, *4, *5, *7
12028
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P.O. BOX 7978
WACO. TX.
76714-7978
VOL. 10280. PG. 1860
LOT B
CALLOWAY ADDITION
VOL. 388-98. PG. 1
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76180
VOL. 8359. PG. 2186
REMAINDER OF LOT A
CALLOWAY ADDIllON
VOL. 388-159, PG. 33
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ROLL NUMBER
HOSPITAL CORPORATION OF AMERICA
4401 BOOTH CALLOWAY RD.
NORTH RICHLAND HILLS. TX.
76180-7371
VOL. 7443. PG.719
LOT 1. BLOCK E
CALLOWAY FARM ADDITION
VOL. 388-158. PG. 60
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D195120272
CITY OF NORTH RICHLAND HILLS
POBOX 820609
7301 NE LOOP 820
NORTH RICHLAND HILLS 76182 0609
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY
I N D E XED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN D E R SON -- COUNTY CLERK
OFF I C I A L R E C E I P T
T 0: CITY OF NORTH RICHLAND HILLS
RECEIPT NO
195235370
REGISTER RECD-BY
DR92 T000224
PRINTED DATE TIME
07/17/95 09:21
1
INSTRUMENT FEECD
D195120272 WD
INDEXED TIME
950717 09:21
CK 72541
TOT A L
DOCUMENTS: 01
FEE S:
25.00
B Y:
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ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
12028
2314
Eçtt!!~!l~a£!~legram
FED. 1.0. NO. 22-3148254
AD INVOICE NO. 30021779
.~
ACCOUNT NO. CIT13
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
\
/ DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
MAY 31 30021779 DISPLAY ADllcr~SSIFIED 3.0x6.000 18.000 QUOTE 189.00
MAY 16, 23, 30 and MAKE-
GCX)D AD ON MAY 31
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SUBSCRIB~~ AND SWOR~~O BEFORE ME, THIS THE
~'~~"""~~'~'~i
' ................ '\, \\
":'::;'~1::y.''!'.ê.!-:~lt, Nancy Ann Hernandez
r ...0.' ..f.....',
$[~ "q Commission Expires
,~,~... 41 December 14. 1998
, tlr(&'··of:¡~.:"
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/
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SIGNED ~'7n.~
16TH DA Y OF JUNR
Notary PUbli~~ 4/M1Y1
TARRANT COUNTY, TEXAS
PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT.
THANK YOU!
~ TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ~
. :!A'~'>' .-::-
fort W~~,þr:relegram
30Q,?~179
'\
400 W. SEVENTH ST. . FORT WORTH, TEXAS 76102
PAGE 1 OF 1
lit 189.00
IF ANY QUESTIONS, PLEASE CALL (817) 390-7501
CITY OF NO RICHLAND HILLS
CITY SECRETARY
PO BOX 820609
FORT WORTH, tx. 76182-0609
r
PLEASE PAy......
THIS AMOUNT JIll""'" 189.00
,
PLEASE WRITE IN AMOUNT ENCLOSED
Eçt!,!~!~h,~la,!;r~legram l ~lç
}~
ç
FED. 1.0. NO. 22-3148254
AD INVOICE NO. 30021779
ACCOUNT NO.
CIT13
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared DAWN M.R IVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
¡- DATE I AD I~V.:?I~~I DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
- -..
MAY 31 30021779 DISPLAY AD/CLASSIFIED 3.0x6.000 18.000 QUOTE 189.00
MAY 16, 23, & 31
SUBSCRIBED Af\
PLEASE PAY TI
~a.P..1d21 aJIITCEI'IIIN,FortWorthStcLr-Telegram 1..~tMay311995
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The City Council of the City of .~r.:iìil.Rlchland Hills. Texas
will conduct a Public Hearing.¡I.~Jne 12. 1995. at 7:30
pm. In the City Hall. 7301N.E.. Loop 280 on street..
improvements for the foilowing~ti*J(: .
~ger UneDrive from Caitoway8ranch east to BoOth.. UNE
Çalloway Road .)
The totaJ~timatedcost for street. drain,øe. and bridge./'ÝIfA.-t /Î"VY1
roprovements to this section of ¡tadger Une Drive is ð
_~.OOO,,j. ...... .. ... ARRANT COUNTY TEXAS
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1I1·:~I.\!:~~..........1IIIIIÎIIIi rATEMENT.
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. Orlyewaý, rate åre "$3:ÖÕ '-pe~'s~are foot. . This equals
approximately $38.91 per front foot for 30 foot wide
driveways and $41.04 per front foot for the 20 foot Wide
driveways.
the ~treet shall be improved by. lowering and/or raising,
grading and construction.. thereon of a concrétè svrface
tpgether with combined· conèrete curbs and gutters on
Rràper grad~ and line wher.e sa.l11earenotalready
~tructed, tcçether With stotl11sewers and drains and
other necessary Inoidentalf¡ and appurtenances, All
interested,pattles are Invited'. to . attend '. and to voice their
v~~won thIS matter. c£ß . . .~-,/"
. .. '... 6';:;;"y Brown, Mayor
1995
THANK YOU!
"04.82
'102.82
OUR PAYMENT~
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.Jean eJtêwis, City Secretary
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