HomeMy WebLinkAboutOrdinance 2062
ORDINANCE NO. 2062
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMENT OF THE SANITARY SEWER SYSTEM ON A
PORTION OF THE FOLLOWING STREET: GREEN VALLEY DRIVE FROM 730 FEET
EAST OF SMITHFIELD ROAD APPROXIMATELY 700 FEET EAST TOWARDS DAVIS
BOULEVARD IN THE CITY OF NORTH RICHLAND HILLS, TEXAS, FOR THE
CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION;
MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS
THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS
AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREFORE FOR A PART OF
THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR METHODS OF PAYMENT;
PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF
SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF
THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT
COUNTY, TEXAS, DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT
PROCEEDINGS RELATIVE TO SAID SANITARY SEWER IMPROVEMENTS ARE AND
SHALL BE PURSUANT TO TEXAS LOCAL GOVERNMENT CODE. TITLE 13, CHAPTER
402, SUBCHAPTER D; DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE
BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE
APPROPRIATE ORDINANCE RECORD OF THIS CITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
~
WHEREAS. the City Engineer for the City of North Richland Hills, Texas, has
prepared plans and specifications for the improvement of the hereinafter described portions
of sanitary sewer in the City of North Richland Hills, Texas, and same having been examined
by the City Council of the City of North Richland Hills, Texas. and found to be in all matters
and things proper; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, THAT:
I.
There exists a public necessity for the improvement of the hereinafter described
portions of sanitary sewer in the City of North Richland Hills, that, to wit:
(see attached charts)
II.
Each unit above described shall be and constitute a separate and independent unit of
improvement and the assessments herein provided for shall be made for the improvements
in each unit according to the cost of the improvements in that unit and according to the
benefits arising from the improvements in that unit.
Ordinance No. 2062
Page Two
III.
The hereinafter described plans and specifications are hereby approved and adopted.
IV.
Each of the above described portions of sanitary sewer in the City of North Richland
Hills, Texas. shall be improved by laying sanitary sewer main and laying sanitary sewer
service line stubouts on proper grade and line, and setting manholes where same are not
already so constructed, together with any necessary incidentals and appurtenances; all of
said improvements to be constructed as and where shown on the plans in strict accordance
with the plans and specifications therefore.
V.
After bids have been advertised as required by law, and the bid found to be the
lowest and best bid for the construction of said improvements, the work of constructing
said improvements and contract therefore shall be awarded for the prices stated in the
proposal of said company as recorded and recommended by the City's Engineer, which said
report and recommendation shall be on file with the City. the Mayor and City Secretary are
hereby directed to execute the said contract in the name of the City of North Richland Hills,
Texas, and to impress the corporate seal of the City thereon, the said contract embracing,
among other things the prices for the work.
VI.
To provide for the payment of the indebtedness incurred by the City of North
Richland Hills, Texas, by said contract, there is hereby appropriated out of available funds
and current revenues of the City, an amount sufficient to pay said indebtedness so incurred.
VII.
The cost of said improvements as herein defined shall be paid for as follows, to wit:
(a) Green Valley Drive from 730 feet east of Smithfield Road approximately 700 feet
east towards Davis Boulevard in the City of North Richland Hills, Texas, the property
abutting on that portion of the street to receive sanitary sewer improvements and the real
and true owners thereof shall pay for these improvements at the appropriate rate of (see
attached charts) linear front foot for all property fronting on said portion of street which in
no way exceeds nine-tenths (9/10ths) of the estimated cost of the sanitary sewer
improvements.
(b) The City of North Richland Hills shall pay all of the remainder of the cost of said
improvements after deducting the amounts herein specified to be paid by the abutting
properties and the real and true owners thereof as set out above in subsection (a).
Ordinance No. 2062
Page Three
The amounts payable by the abutting properties and the real and true owners thereof
shall be assessed against such properties and the real and true owners thereof shall
constitute a first and prior lien upon such properties and a personal liability of the real and
true owners thereof, and shall be payable as follows, to wit:
When the improvements are completed and accepted by the City on a particular unit,
the same assessed against property abutting upon such completed and accepted unit shall
be and become payable in five (5) equal installments, due respectively on or before thirty
(30) days, one (1), two (2), three (3), and four (4) years from the date of such completion
and acceptance, and the assessments against the property abutting upon the remaining
units shall be and become due and payable in installments after the date of completion and
acceptance of such respective unit. The entire amount assessed against the particular
parcels of property shall bear interest from the date of such completion and acceptance of
the improvements on the unit upon which the particular property abuts at the rate of eight
percent (8%) per annum, payable annually except as to interest on the first installment.
which shall be due and payable on the date said installment matures, provided that any
owner shall have the right to pay any and all such installments at any time before maturity
by paying principal, with interest accrued to the date of payment. and further provided if
default be made in the payment of any installment promptly as the same matures, then at
the option of the City of North Richland Hills or its assigns, the entire amount of the
assessment upon which default is made shall be and become immediately due and payable;
but it is specifically provided that no assessment shall in any case be made against any
property or any owner thereof in excess of the special benefits to property in the enhanced
value thereof by means of said improvements in the unit upon which the particular property
abuts, as ascertained at the hearing provided by law in force in the City, nor shall any
assessment be made in any case until after notice and hearing as provided by law. Said
assessments against the respective lots and parcels of property and owners thereof shall be
evidenced by certificates of special assessment which shall be executed in the name of the
City of North Richland Hills, 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 unit in a period of not more than four (4) years in equal regular
installments or not less than TEN AND NO/100 DOLLARS each, the first of such installments
to become due and payable not more than thirty (30) days after the completion and
acceptance by the City of the particular unit, PROVIDED FURTHER, that such method of
payments 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, a lawful, valid and binding note and mechanic's and
materialman's contract upon forms supplied by the City granting a mechanic's lien upon and
conveying the said owner or owners according to the terms thereof of the sums assessed
against such property.
Ordinance No. 2062
Page Four
VIII.
The assessments against the respective lots and parcels of property and the owners
thereof may be evidence by certificates of special assessment. which shall be executed in
the name of the City by the Mayor of said City, and the City Secretary shall attest the same
and impress the corporate seal of the City thereon, and which may have attached thereto
coupons in evidence of the several installments. which the assessment is payable, which
certificates shall be issued to the City of North Richland Hills, shall recite the terms and time
of payment, the amount of assessment, the description of the property, and the name of
the owners, as far as known, and shall contain such other recitals as may be pertinent
thereto, and shall further recite substantially that all proceedings with reference to the
making of such improvements have been regularly had in compliance with the law, and the
prerequisites to the fixing of the assessment lien against the property described in said
certificates and the personal liability of the owners thereof, have been regularly had, done
and performed, and such recitals shall be prima facie evidence of the matters so recited, and
no further proof thereof shall be required in court, and the certificates shall provide
substantially that if default be made in the payment of any installment promptly as the same
matures, then, at the option of the City of North Richland Hills, or its assigns, the entire
amount of the assessment shall be and become immediately due and payable, together with
reasonable attorney's fees and costs of collection, if incurred, all of which, as well as the
principal and interest on the assessment, shall be first and prior lien against the property,
superior to all other liens and claims except State, County, School District. and City ad
valorem taxes. No error or mistake in naming any owner or in describing any property or
any other matter or thing, shall invalidate any assessment or any certificate issued in
evidence thereof, and the omission of improvements on any particular unit or in front of any
property except by law from the lien of special assessment for sanitary sewer improvements
shall not invalidate any assessment levied. The certificates referred to need not contain
recitals in exactly the words above provided for. the substance thereof shall suffice, and
they may contain other additional recitals pertinent thereto.
IX.
The City Engineer of the City of North Richland Hills, Texas, be and he is hereby
ordered and directed to file with the City Council estimate of cost of such improvements in
each unit.
X.
The City Secretary is directed to prepare, sign and file with the County Clerk of
Tarrant County. Texas, a notice in accordance with the provisions of Texas Local
Government Code, Title 13, Chapter 402, Subchapter D and amendments thereto.
XI.
The improvements provided for herein shall be made and constructed, notice give.
hearing held and assessments levied and all proceedings taken and had in accordance with
and under the terms of the powers and provisions of an Act passed at the First Called
Ordinance No. 2062
Page Five
Sessions of the Seventieth and Seventy-first legislature of the State of Texas, and knows as
Chapters 149 and 1 , respectively, of the Acts of said Sessions, now being shown as Title
13, Chapter 402, Subchapter D, of the Texas Local Government Code, and under which law
these proceedings are taken and had.
XII.
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 and by filing the complete
Ordinance in the appropriate Ordinance Records of the City.
XIII.
This ordinance shall take effect and be in full force and effect from and after the date
of its passage and it is so ordered.
PASSED AND APPROVED this t 4th day of August. 1!¡~ ///-~1
OAnn~Tem
ATTEST:
() 17 I }
l -;¡J.deu-;zI¿; e:/LLLL4 /
J nette Rewis, 'City Secretary
Rex M
GREEN VALLEY DRIVE
City of North Richland Hills, Texas
SANITARY SEWER SYSTEM ASSESSMENT ROLL
July 14, 1995
(RATE = $22.99/F.F)
Page 1 of 1
UNIT PROPERTY LEGAL FRONT APPARENT ASSESS.
NO. OWNER PROPERTY FOOTAGE CREDITS LESS CREDITS
AND ADDRESS DESCRIPTION (Feet)
1 . Arthur E, Gordon and Tr, 2A 1, 2A4, A·1266 250.00 $0.00 $5,747.50
Jerry R. Gordon S. Richardson Survey
7901 Green Valley Vol. 7116, Pg. 1062
NRH, Tx. 76180 D.R.T.C.T.
2. Ebenezer Enterprises, Inc. Tr. 2A3, A·1266 345.86 0.00 7,951.32
c/o Tommy Wright S, Richardson Survey
2502 Axminster Vol. 11848, Pg. 1765
Grand Prairie, TX, 75050 D,R,T.C,T.
3. B.H. & L. Joint Venture Tr. 2A3A, A· 1266 128.77 0.00 2,960.42
c/o Doug Long S. Richardson Survey
1615 Precinct Line Rd. Vol. 8300, Pg. 774
Hurst, TX. 76054 D.R.T.C.T.
4. Rosa M, Austin Tr. 3, A·146 221.41 0.00 5,090.22
7918 Green Valley W.D. Barnes Survey
NRH, Tx. 76180 Vol. 2018, Pg. 75
D.R.T.C.T.
5. Burley C. Golden, Jr. and Tr. 3B, A-1 46 97.00 0.00 2,230.03
Frances G. Golden W.D. B"r les Survey
7924 Green Valley Vol. 6562, Pg. 423
NRH, Tx. 76180 D.R.T,C.T.
6. Tim Hutchens Tr. 3A, A-146 115.50 0.00 2,655.35
7930 Green Valley W.D. Barnes Survey
NRH, Tx. 76180 Vol. 6562, Pg. 368
D.R.T.r..T.
7. Christopher Loomis Tr. 3A1, A-146 115.88 0.00 2,664.08
7936 Green Valley W.D. Barnes Survey
NRH, Tx. 76180 Vol. 11861, Pg. 1379
D.R.T.C.T.
8. Ronald E. West and Lot 6, 199.61 0.00 4,589.03
Debra L. West College Acres Addition
5741 Linda Dr. Vol. 388-25, Pg. 65
Watauga, Tx. 76148 Vol. 11629, Pg. 1151
D.R.T.C.T.
9. Dennis K. Paul and Lot 5 200.01 0.00 4,598.23
Rebecca L. Paul College Acres Addition
5909 Clovis Ct. Vol. 11806, Pg. 1398
Watauga, Tx. 76148 D.R.T.C.T.
TOTALS 1,674.04 I $38,486.18 I
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NOTE: D.R.T.C.T. = Deed Records Tarrant County Texas
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ABSTRACT NO. 146
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s. RICHARDSON SURVEY
ABSTRACT NO. 1266
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