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HomeMy WebLinkAboutOrdinance 1706 ORDINANCE NO. 1706 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND AMOUNT TO BE ASSESSED FOR IMPROVEMENTS ON THE FOLLOWING STREET: DAVIS BOULEVARD FROM EMERALD HILLS WAY TO STARNESjRUMFIELD ROAD IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER INTERESTED PARTIES; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARINGS; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY OF NORTH RICHLAND HILLS CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE RECORDS OF THIS CITY; PROVIDING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of North Richland Hills, Texas, has 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, filling, paving 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 and in strict accordance with the Plans and Specifications therefore, and; WHEREAS, the City Council of the City of North Richland Hills has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot proposed to be assessed against abutting property and the owners therefore, and such estimates have been examined. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. Such estimates, be, and they are hereby, adopted and approved. II. It is hereby found and determined that the cost of improvements on each portion of street, avenue and public place hereinafter described with the amount or amounts per front foot proposed to be assessed for such improvements against abutting property and the owners thereof, are as follows, to wit: (See accompanying Schedule A.) The estimated cost of the improvements on Davis Boulevard from Emerald Hills Way to StarnesjRumfield Road; the average amount per front foot to be assessed against abutting property and the owners thereof as shown on the accompanying Schedule A. 1 Ordinance No. 1706 III. A hearing be given and held by and before the City Council of the City of North Richland Hills, Texas, to all owning or claiming any property abutting upon said portion of streets, avenues and public places, as well as to all owning or claiming any interest in any such property. Such hearing shall be given and held on the 28th day of January, 1991, at 7:30 p.m. in the Council Chambers in the City Hall in the City of North Richland Hills, Texas and the City Secretary 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 provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, and known as Chapter 106 of the Acts of said Session, now being shown as Article 1105b Vernon's Texas Civil Statutes. such notice shall be by advertisement inserted at least three times in the City's official newspaper published in the City of North Richland Hills, Texas, the first publication to be made at least twenty-one (21) days before the date of said hearing. Said notice shall comply with and be accordance with the terms and provisions of said Act. The City Secretary is further directed to give personal notice of the time and place of such hearing to all owners or other claiming any property abutting on said portions of streets, avenues and public places as well as to allowing or claiming any interest in any such property. Such personal notice shall be given by the City Secretary mailing said notice, at least fourteen (14) days before date of such hearing, postage prepaid, to the respective owners of record of the properties to be assessed, and to any person owning or claiming any interest in said properties, to the last known address of said owners or persons. It shall not be necessary for the City Secretary to mail said notice to any owner or other person claiming an interest in the property to be assessed when the address of such owner or other person in unknown to the City Secretary and cannot be determined by the City Secretary after reasonable investigation. In this connection, the City Secretary shall prepare and file with these proceedings a list of the properties to be assessed, the names of those persons owning or claiming any interest in said properties to whom the notice was mailed, together with the last known address of the respective owners and those persons owning or claiming an interest in said property. The City Secretary shall certify that each of the parties named in said list whose address was known was mailed a copy of the notice of hearing and shall further certify the date or dates on which said notice was mailed. A copy of the notice shall be attached to such certificate. The certificate of the City Secretary shall be conclusive evidence of the facts therein recited. Failure of the City Secretary to give notice of hearing by mail as herein provided for, or failure of the owners or other persons interested to receive said notice, shall in nowise invalidate said hearing or any assessments levied pursuant to said hearing, but notice of hearing shall be sufficient, valid and binding upon all owning or claiming such abutting property to any interest therein when same shall have been given by newspaper advertisement as first hereinabove provided. Such notice shall describe in general terms the nature of the improvements for which assessments are proposed to be levied, the street or 2 Ordinance No. 1706 highways to be improved, the estimated amount per front foot proposed to be assessed, the estimated total cost of the improvements on each such street or highway, the time and place at which such hearing shall be held, and may consist of a copy of the published notice containing such information. IV. 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 this City. v. 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 14th day of January, 1991. ~;¡¡¡/!tr::w~~'J.~ ATTEST: (/~h~.ø/ ~ ~ette Rewis, City Secretary R McEntire, Attorney for City 3