HomeMy WebLinkAboutOrdinance 1511
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ORDINANCE NO. 1511
23.00 W D
2000 413446 1 11/24/87
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION
OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREET:
STARNES ROAD FROM SHADY HOLLOW LANE TO CRABTREE LANE 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. 1510, 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:
STARNES ROAD FROM SHADY HOLLOW LANE TO CRABTREE LANE
and,
WHEREAS, estimates of the cost of the improvements on each such
portion of streets, avenues and public places were prepared and filed and
by Ordinance No. 1501, 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 9th day of
November, 1987, 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 RICHLAND HILLS, TEXAS, THAT:
1.
Said hearing, be and the same is hereby, closed and the said
protests and objections, and any and all other protests and objections,
09128
0665
Ordinance No. 1511
Page 2
whether herein enumerated or not, be and the same are hereby, overruled.
I1.
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
further that in each case the abutting property assessed is specially
benefited in enhances 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.
IlL
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 opppsite 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
09i¿8
0666
Ordinance No. 1511
Page 3
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.
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 owners 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 unit 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.
V1.
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 a the
option of the City of North Richland Hills, or its assigns, payment of 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.
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0667
Ordinance No. 1511
Page 4
VI1.
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.
VII 1.
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 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
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Ordinance No. 1511
Page 5
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
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 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 may
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.
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.
091~8
0669
Ordinance No. 1511
Page 6
XI1.
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.
XII 1.
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 1105b 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 its passage and it is so ordained.
PASSED AND APPROVED this 9th day of November, 1987.
~~
Dan Echols, Mayor
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
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. ... . . . ,
Rex McEntire, Attorney for the City
091i:8
0670
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" ~. STARNES ROAD PAVING AND DRAINAGE IMPROVEMENTS
,þ City of North Richland Hills ~ Texas CREDIT TOTAL
USAGE CIG ASSES.
C- Desig-n Covenant COV. 6.05' 74.2~
Non-Resi CF 6.05 62.66
( ASS E S S Ii E N T R 0 L L CS 6.05 34.36
CR 6.05 24.9L
Residen. RF 4.24 23.11
Augus t , 1987 RS 4.24 13.67
RR 4.24 10.52
UNIT PROPERTY OVNER PROPERTY FRONT ASSESS APPARENT ASSESSHT.
NO. AND ADDRESS DESCRIPTION FOOTAGE RATE CREDITS LESS CR.
* * * S TAR N E S R 0 A D * * *
( NORTH SIDE )
CF 1. B. R. Seale J. Condra Survey
7317 Douglas Lane Abs to 311, Tract 2H
NRH, Tx 76180 Vol. 6616, Pg. 334 311.14 62.66 0.00 19496.03
2. Delbert Stembridge J. Condra Survey
4028 Daley Ave. Abs to ' 311, Tract 3
NRH, Tx 76180 Vol. 8335, Pg. 177 495.00 62.66 0.00 31016.70
3. Don J. Fisher J. Condra Survey
5005 Bluebonnet Dr. Abs t . 311, Tract 3E
Colleyville, Tx. 76034 Vol. 7920, Pg. 1707 241. 56 62.66 0.00 15136.15
CF 4. Ray M. Havrylak J. Condra Survey
7001 Riverport Abs t . 311, Tract 3C
NRH, Tx. 76180 Vol. 8216, Pg. 1371 326.69 62.66 0.00 204'70.40
CF 5. Ray M. Havrylak J. Condra Survey.
7001 Riverport Abs to 311, Tract 3B
NRH, Tx. 76180 Vol. 8216, Pg. 1364 250.00 62.66 0.00 15665.00
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CF 10.
Edward Allen Ponder
4500 Brentvood Stair
Sui te 1145
Ft. Vorth, Tx 76103
Rd. V.D. Barnes Survey
Abst. 146, Tract 4
Vol. 7231~ Pg. 2330
365.00 62.66 0.00 22870.90
PAGE 1 OF 5
09i28 0671
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STARNES ROAD PAVING AND DRAINAGE IMPROVEMENTS
City of North Richland Hills, Texas
Design
ASS E SSM E N T R 0 L L
August, 1987
UNIT
NO.
PROPERTY OVNER
AND ADDRESS
PROPERTY
DESCRIPTION
FRONT ASSESS APPARENT ASSESSMT.
FOOTAGE RATE CREDITS LESS CR.
* * *
S TAR N E S R 0 A D * * *
( North Side )
\, - RR 14. Darryl TJ. Pringle
7608 Parkvay Dr.
NRH, Tx. 76180
Kingsvood Estates
Lot 3, Block 4
Vol. 6534, Pg. 870
72.00 10.53
0.00
758.16
/
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PAGE 2 OF 5
09128
0672
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STARNES ROAD PAVING & DRAINAGE IMPROVEMENTS
City of North Richland Hills, Texas
C.-
(
Design
'A SSE SSM E N T
R 0 L L
Augus t, 1987
UNIT
NO.
PROPERTY OVNER
AND ADDRESS
PROPERTY
DESCRIPTION
FRONT ASSESS APPARENT ASSESSHT.
FOOTAGE RATE CREDITS LESS CR.
* * *
S TAR N E S R 0 A D * * *
( NORTH SIDE )
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, CF 24. Chart Investments
clo Bryan Chandler
1600 Airport Frvy. V.D. Barnes Survey
Suite 310 Trac t 1A1.
Ft. ílorth, Tx. 76180 Vol.-8595, Pg. 990 356.20 62.66 0.00 22319.49
COV. 25. Goode, Inc. V.D. Barnes Survey
P.O. Box 18793 Tract 1D
NRH, Tx. 76180 Vol. 4706, Pg. 471 388.06 78.17 0.00 30336.00
COV. 2SA ílilliam H. Long íl.D. Barnes Survey
7817 Or,¡en Dr. Tract 1
Ft. ílorth, Tx. 76116 Vol. 4713, Pg. 190 412.10 19.44 0.00 8011.10
(
PAGE 3 OF 5
09128
0673
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STARNES ROAD PAVING & DRAINAGE IMPROVEMENTS
City of North Richland Hills1 Texas
Design
ASS E S SHE N T R 0 L L
August, 1987
UNIT PROPERTY OVNER PROPERTY FRONT ASSESS APPARENT ASSESS1í:
NO. ?..ND ADDRESS DESGŒ?TION FOOTAGE RATE CREDITS LESS C
* * * S T A R N E S R 0 A D * * *
( SOUTH SIDE )
RS 26. B. R. Seale J. Condra" Survey
7317 Douglas Ln. Abs t. 311 ~ Tract ZE
NRH, Tx. 76180 Vol. 5453, Pg. 850 310.83 13.67 0.00 4249.0:
COV. 27. B.r.S.D. J. Condra Survey
6125 Belknap Dr. Abs t. 311, Tract 4A
Haltom City, Tx. 76117 Vol. 8354, Pg. 234 1151. 08 65.21 0.00 15061. 92
COV. 27a. F.E. Griffin Briarvood Estates
7200 Douglas Ln. Lo t 1, Block 16
( NRH, Tx. 76180 Vol. 8715, Pg. 1911 .184.00 0.00 0.00 0.00
\
RS 28. Alan Hamm, Inc. Briarvood Estates
5133 Davis Blvd. Lot 1, Block IS
CIG NRH, Tx. 76180 Vol. 8166, Pg. 1385 125.;48 0.00 0.00 0.00
RS 29. Alan Hamm, Inc. Briarvood Estates
5133 Davis Blvd. Lot 1 , Block 14
CIG NRH, Tx. 76180 Vol.· 8166,' Pg. 1385 126.75 0.00 0.00 0.00
CF 30. Jim Claunch ílm., Cox Survey
817 Penn S t. Abs t. 321~ Tract 8A
Ft. Vorth, Tx. 76102 Vol. 6972 , Pg. 1492 300.00 62.66 0.00 18798.00
RF 31. James Rust Briarvood Estates
5001 Gage St. Lo t 1 ~ Block 12
Ft. Vorth, Tx. 76117 Vol. 7474, Pg. 1521 110.00 23.11 0.00 2542.10
/
09128
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PAGE 4 OF 5
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STARNES ROAD PAVING & DRAINAGE IHPROVEMENTS
City of North Richland Hills, Texas
Design
ASS E SSM E N T R 0, L L
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:'., August, 1987
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UNIT
NO.
PROPERTY OVNER
AND ADDRESS
'PROPERTY
DESCRIPTION
,.
E"S,.. .,
.S T A R N R 0 A 0
( SO lITE SIDE )
FRONT ASSESS APPARENT ASSESSH~
FOOTAGE RATE CREDITS LESS C?
* '* *
* * * .
RF 34. Quadrangle Dev. Corp.
2275 Vestpark Ct. Century Oaks Addn.
Suite 202 Lo t 1, Block 1
Euless~ Tx. 76040 Vol. 8274, Pg. 2107· 123.34 0.00 0.00 0·.00
RS 35. Quadrangle Dev. Corp.
2275 Vestpark Ct. Century Oaks Addn.
Suite 202 Lot 1, Block 2
Euless, Tx. 76040 Vol. 8274~ Pg. 2107 122.00 . 0.00 0.00 0.00
~..RS 36. Quadrangle Dev. Corp.
( 2275 Vestpark Ct. 'Century Oaks Addn.
Suite 202 Lot 6, Block 2
Euless, Tx. 76040 Vol. 8274, Pg. 2107 122.00 0.00 0.00 . 0.00
"
RS 37. Quadrangle Dev. Corp.
2275 Vestpark Ct: Century Oaks Addn.
Suite 202 Lot 1 ; Block 4 . ';
Euless, Tx. 76040 Vol.. 8274, Pg. 2107 122.00 0.00 0.00 0.00
CF 38. Villian E. Pasteur :.,--:
2275 Vestpark Ct. Vm. Cox Survey , ,~
Suite 202 ,Abst. 321 ~ Tract 5
Euless, Tx. 76040 Vol. 7721, Pg. 747 1033.42 62.66 0.00- 64754.10
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COV. 39. Ladeco, Inc. c/o . , .
Inc. Coventry Place Estates'. ~
Beane &. Assoc. ,
P.O. Box 18953 Tract A~ Block 1 , ,
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NRH, Tx. 76180 Vol. 8016, Pg. 1822·\·~. ':'.> 363.19 114. 00 0.00 41404.00
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40. Coventry Place Estates
Lots 1 thru 5R;..
Block 1 ,'- 413.20 163.93 0.00 67736.00
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9729.38 52.15
(AVG.)
0.00~·.70
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