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HomeMy WebLinkAboutOrdinance 1845 ORDINANCE NO. 1845 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREET: BURSEY ROAD FROM RUFE SNOW DRIVE TO KANDY LANE 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 STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO ARTICLE 11 05b OF VERNON'S TEXAS CIVIL STATUTES; 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 street, avenues, and public places 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 streets, avenues, and public places in the City of North Richland Hills, that, to wit: (See attached charts in Ordinance No. 1853.) II. Each unit above described shall be and constitute a separate and independent unit of improvements and the assessments herein provided for shall be made for the improvements in each units according to the cost of the improvements in that unit and according to the benefits arising from the improvements in that unit. III. The hereinafter described plans and specifications are hereby approved and adopted. Ordinance NO. 1845 Page 2 IV. Each of the above described portions of streets, avenues, and public places in the City of North Richland Hills, Texas, shall be improved by raising, grading and filling same and by constructing thereon an asphaltic concrete surface together with combined concrete curbs and gutters on proper grade and line where same are not already so constructed, together with storm sewers and drains and other 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. Bids having been advertised for as required by the Charter of the City of North Richland Hills, Texas, and the bid having found to be the lowest and best bid for the construction of said improvements, the work of constructing said improvements and contract has been awarded for the prices stated in the proposal of said company by the State of Texas. 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) On Bursey Road from Rufe Snow Drive to Kandy Lane in the City of North Richland Hills, Texas, the property abutting on that portion of the street to be improved 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 street which in no way exceeds nine-tenths (9/10ths) of the estimated costs of the improvements in addition to curb and gutter. (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). 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: Ordinance No. 1845 Page 3 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 ny 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 low 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/1 00 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. 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, Ordinance No. 1845 Page 4 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 from of any property except by law from the lien of special assessment for street 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 Article 1220a of Vernon's Texas Civil Statutes 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 Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, now shown as Article 1 005b of Vernon's Texas Civil Statutes, and under which law these proceedings are taken and had. Ordinance No. 1845 Page 5 XII. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Bool< 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 9th day of November, 1992. '-- -1.~"~"-~4A~ Tommy Brz;wn, Mayor ATTEST: \\&~ L~ J;¡;;tte Rewis, City Secretary Rex McEntire, Attorney for the City