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HomeMy WebLinkAboutResolution 2004-078 NO ACTION TAKEN RESOLUTION NO. 2004-078 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached Mechanic's Lien Contract for Public Improvements with Kent and Marilyn Sue Cooley for street, drainage, sidewalk and driveway improvements to Lot 1, Block 1, Cooley Addition as an act and deed of the City. PASSED AND APPROVED this the 13th day of December, 2004. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director NO ACTION TAKEN MECHANIC'S LIEN CONTRACT FOR PUBLIC IMPROVEMENTS STATE OF TEXAS § § COUNTY OF TARRANT § This contract is made by and between Kent Cooley and Marilyn Sue Cooley, herein styled "Owners," and the City of North Richland Hills, Texas, herein styled "City," for the purpose of documenting the terms and conditions under which City will construct public improvements adjacent to their property located at 8724 Amundson Road, North Richland Hills, Texas, at Owners' expense, and Owners grant a mechanic's lien to the City securing payment of such expenses. Such contract is made in order to relieve Owners of the immediate obligation under the City's subdivision ordinance requirements to construct such public improvements as a condition of developing Owners' property. FOR AND IN CONSIDERA nON of the mutual covenants herein set forth, Owners and City agree as follows: 1. Owners agree to pay City the cost of labor and materials required to construct public improvements consisting of 200 linear feet of curb and gutter, 510 feet of reinforced 24" pipe, a 15 feet wide 5" thick driveway, a 4 foot wide sidewalk, and a 10 foot wide curb inlet along Amundson Drive in the right-of-way adjacent to Owners' property known and described as Lot 1, Block 1, Cooley Addition, an addition of the City of North Richland Hills, Tarrant County, Texas. If not paid within 60 days after a statement is mailed or delivered to Owners, City shall be entitled to interest, attorneys fees, and costs of collection as hereinafter set forth. Mechanic's Lienfor Public Improvements- Page I C:\Documents and Settings\lbarton\Local Settings\Temporary Internet Files\OLK20F\MECHANICS LIEN FOR PUBLIC IMPROVEMENTS Cooley.doc 2. City agrees to construct the public improvements described in 1. above to the standards of the City in effect at the time of such construction, and to mail or deliver to Owners an itemized statement upon completion of such improvements, which shall be due and payable sixty (60) days after such mailing or delivery. If not paid within such time, such amount shall accrue interest on such stated sum at the rate of 8% per annum, and City shall be entitled to its reasonable attorneys fees and costs of collection. 3. Owners grant City a lien against their property described in 1. hereof to secure payment of all sums due City under this agreement. 4. This agreement and these covenants shall run with and be binding on successors in title to the said Lot 1, Block 1, Cooley Addition of the City of North Richland Hills, Tarrant County, Texas. 5. It is agreed and understood that the public improvements described herein may not be constructed by City for years, and that Owners or their successors in title shall be entitled to a release of these obligations by securing required permits and constructing such public improvements to City specifications. AGREED this _ day of ,2004. OWNERS: KENT COOLEY Mechanic's Lienfor Public Improvements- Page 1 C:\Documents and Settingsllbarton\Local SettingslTemporary Internet FileslOLK20FlMECHANICS LIEN FOR PUBLIC IMPROVEMENTS Cooley,doc MARIL YN SUE COOLEY Owners' Mailing Address: 8408 Randy Drive North Richland Hills, Texas CITY OF NORTH RICHLAND HILLS, TEXAS By: Larry Cunningham, City Manager City's Mailing Address: 7301 N.E. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182 ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney Mechanic's Lienfor Public lmprovements- Page 1 C:IDocuments and SettingsllbartonlLocaJ SettingslTemporary Internet FilesIOLK20FlMECHANICS LIEN FOR PUBLIC IMPROVEMENTS Cooley,doc ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared KENT COOLEY and MARILYN SUE COOLEY, known to me to be the persons whose names are subscribed to the foregoing instrument, who acknowledged to me that they executed the same for the purposes therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of ,2004. Notary Public in and for The State of Texas ACKNOWLEDGMENT STATE OF TEXAS § § COUNTYOFTARRANT § This instrument was acknowledged before me on this date by Larry Cunningham, City Manager of the City of North Richland Hills, a Texas municipality, who acknowledged to me that he executed same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. 2004. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of Notary Public in and for The State of Texas Mechanic's Lienfor Public lmprovements- Page 1 C:\Documents and Settings\lbarton\Local Settings\Temporary Internet Files\OLK20FlMECHANICS LIEN FOR PUBLIC IMPROVEMENTS CooJey,doc