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HomeMy WebLinkAboutOrdinance 1902 )1 \P ORDINANCE NO. 1902 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREET: BURSEY ROAD FROM 135 FEET WEST OF KENDRA LANE APPROXIMATELY 396 FEET EAST TO KANDY LANE IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTIES AND 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. 1902, heretofore ordered that each of the hereinafter described portions of public places in the City of North Richland Hills, Texas, be improved by laying sanitary sewer main and sewer service lines 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 and in strict accordance with the Plans and Specifications therefore, said portion of public places being as follows, to wit: BURSEY ROAD FROM 135 FEET WEST OF KENDRA LANE APPROXIMATELY 396 FEET EAST TO KANDY LANE and, WHEREAS, estimates of the cost of the improvements on each such portion of public places were prepared and filed and by Ordinance No. 1902, 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, pi 3ce and purpose of s,;id hearing was given and said hearing was had and held at the time and place fixed therefore, to wit, on the 12th day of July, 1993, 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: (:--J :,:'-J co ':> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND 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. - - AFTER RECORDIHG~ RETURH TO: Cit.y Secret.ary Cit.y of Hort.h Richland Hills P.O. Box 820&09 Hort.h Richland Hills~ TX 7&180 Ordinance No. 1902 Page Two 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 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 benefitted 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, superior to all other liens and claims, except State and County, School District and City valorem taxes. ;:.'") (',J (0 ::.J r-- ;';'"......... Ordinance No. 1902 Page Three 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 NOn 00 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. - -.... ,;:"'j :J:> '::J 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. ¡'''........... ~"""'" Ordinance No. 1902 Page Four 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 they are currently served by the public sanitary sewer system. 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 Richland 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 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 10 ;::'.J (JO ,.-:J :"-- .î"--'" .- - Ordinance No. 1902 Page Five 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 law, 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 irregularities, 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. .....0 ,::'-J co :.=' 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. r-- ¡- 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 Ordinance No. 1902 Page Six 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 Seventieth and Seventy-first Legislature of the State of Texas, and known 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. 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 its passage and it is so ordained. PASSED AND APPROVED this 12th day of July, 1993. ATTEST: r1áj{jztV t~ JI:ette Rewis, City Secretary 1- (:"J CD 'J ~ --... í........... BURSEY ROAD SANITARY SEWER IMPROVEMENTS City of North Richland Hills, Texas ASSESSMENT ROLL RATE $21. 811Ft July 12, 1993 UNIT PROPERTY OWNER FRONT APPARANT FINAL NO. AND ADDRESS PROPERTY DESCRIPTION FOOTAGE CREDITS ASSESSMENT 1. Leland Meadors Lot 3, Block 1 184.16 0.00 $4,016.53 P.O. Box 1029 Oakvale Addition Keller, TX 76148 North Richland Hills Tarrant County, Texas Vol. 8164, Pg. 1980 7500 Bursey Road 2. A.W. Crisp Lot 4, Block 1 184.16 0.00 $4,016.53 7504 Bursey Rd. Oakvale Addition N.R.H., TX 76180 North Richland Hills Tarrant County, Texas Vol. 5192, Pg. 453 7504 Bursey Road 3. David W. Wells Lot 5, Block 1 27.70 0.00 $ 604.14 7508 Bursey Rd. Oakvale Addition N.R.H., TX 76180 North Richland Hills Tarrant County, Texas Vol. 4977, Pg. 971 7505 Bursey Road TOTAL ESTIMATED PROJECT COST $19,563.05 co "~"'-l ':'0 :':.::> TOTAL ASSESSMENT COST (50%) TOT AL PROJECT LENGTH $ 9,781.53 448.47 LF "- ,,- ASSESSMENT COST PER FRONT FOOT (TOTAL ASSESSMENT COST/TOTAL PROJECT LENGTH) $ 21.81 AFTER RECORDING. RETURN TO: Clt.y Secret.ary Clt.y of Hort.h Hlchland Hills P.O. Box 820609 Hort.h Hlchland Hills. TX 76180 D193164853 CITY OF NORTH RICHLAND HILLS POBOX 820609 CITY SECRETARY 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 F I LED -- 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 193290677 REGISTER DR93 PRINTED DATE TIME 08/05/93 09:01 1 INSTRUMENT FEECD D193164853 WD FILED TIME 930805 09:01 CK 43838 TOTAL DOCUMENTS: 01 FEE S: 18.00 B Y: ~/ . -",~...,µ . ,,/' ~' ~~.~~ 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. j I '"'--.,.' ..-'! i I c·..·', ,) l", U LIL. j I' " - i_lj / W '7 « ~ -' . <:t. ~ <t cr: CJ ~ / >- o z « ~ ------ ROAD L.LI I~ .._. I --.--...------.J BURSEY -----..--.- /\ /1\ A M LOT 2 l_OT 3 LOT 4 LOT 5 BLOCK 1 OA~<VALE ADDITION RlJRSEY ROAD ì~ITf\F,:ý SEWER SYSTEM I~ c cr·' c M E N T R 0 L I !- .J~) '-. ~ _.J_ PROPERTY MAP AFTER REqoRDIHG~ RETURH TO: Cit.y Secde'tary C i t.y of Hort.h H .i\......i&c1'..~. 1 1 15 P.O. Box 820609 Hort.h Richland Hi115~ TX 76180 ".. .~,.. __._" _,"'._....._,_~'"..~~ _.~..,"'_.,_ .' ,p.....>..~..,._,'" __"..........,!.'~<." ~'"...'..." .. ····,.·,...,.,.",...-_;':"c,',,~;. _..''' .....0·"...,,-.'.-.-........-,------------------·-"·- --- ~