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HomeMy WebLinkAboutOrdinance 1192_ (-~r~` 1 ORDINANCE N0. 1192 ~~111f 3275,~~ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF THE COST OF IMPROVING A PORTION OF THE FOLLOW- ING STREET: HEWITT STREET BETWEEN BRIARDALE STREET AND THE FIRST BEND SOUTH OF BRIARDALE 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. '.OGJWD f ,"` 44,~~18lSS WHEREAS, the City of North Richland Hills, Texas, has by Ordinance No. 1190 , 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: HEWITT STREET BETWEEN BRIARDALE STREET AND THE FIRST BEND SOUTH OF BRIARDALE 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. 1192 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 11th day of March, 1985, at 7:30 p.m. o'clock, in the Council Chamber 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: vot 8142 PAGE 1591 Please return to: Wanda Calvert City of North Richland Hills P.O. Box 18609 Ft. Worth, TX 76118 . t -- HEWITT STREET PAVING AND DRAINAGE IMPROVEMENTS trity of North Richland Hilis, texas Preliminary A SSESSMENT RO LL JANUARY, 1985 UNIT PROPERTY OWNER PROPERTY FRONT ASSESS. APPARENT ASSESSMT. NO. AND ADDRESS DESCRIPTION FOOTAGE RATE CREDITS LESS CR. ' *** HEWITT STREET *** ( East Side ? RF 1. Bill Max & Doris Shipman John C. McComas Survey 6900 Hewitt St. Abstract 1040, Tract 2D1 Ft. Worth, TX 76180 VOL. 5741, PG. 956 75.00 23.51 116.75 1646.50 RF 2. James D. Tarwater John C. McComas Survey 6824 Hewitt St. Abstract 1040, Tract 2D Ft. Worth, TX 76180 VOL. 7168, PG. 255 133.00 23.51 70.05 3056.78 RF 3. Melton W. Rhine etux John C. McComas Survey 6812 Hewitt St. Abstract 1040, Tract 2J Ft. Worth, TX 76180 VOL. 1931, PG. 542 221.50 23.51 70.05 5137.42 CF 4. Melton W. Rhine etux John C. McComas Survey 6812 Hewitt St. Abstract 1040, Tract 2J1 • Ft. Worth, TX 76180 VOL. 4907, PG. 423 100.00 23.51 0.00 2,351.00 RF 5. J. J. Harston etux John C. McComas Survey 6800 Hewitt St. Abstract 1040, Tract 2C Ft. Worth, TX 76180 YOL. 1803, PG. 166 93.00 23.51 74.72 2111.71 RF 6. Frank D. Harston etux John C. N~cComas Survey 6744 Hewitt St. Abstract 1040, Tract 3B1 Ft. Worth, TX 76180 VOL. 3791, PG. 218 95.00 23.51 74.72 2158.73 RF 7. Frank D. Harston John C. McComas Survey 6744 Hewitt St. Abstract 1040, Tract 3B Ft. Worth, TX 76180 VOL. 3942, PG. 353 182.50 23.51 74.72 4215.86 CF 8. Raymond Autrey John C. N~cComas Survey c/c J. C. Harston Abstract 1040, Tract 3 6408 Smithfield Rd. YOL. 1211, PG. 443 Ft. Worth, TX 76180 274.50 37.92 0.00 10409.04 RS 9. Raymond DeWitt Autrey John C. McComas Survey c/o J. C. Harston Abstract 1040, Tract 5 . 6408 Smithfield Rd. VOL. 3294, PG. 634 Ft. Worth, TX 76180 116.00 15.92 0.00 1846.72 'COL 8142 PAGE iS92 HEWITT STREET PAVING AND DRAINAGE IN~PROYEMENTS City ofi North Richland Hills, Texas Preliminary ASSESSMENT ROLL January, 1985 UNIT N0. PROPERTY OWNER AND ADDRESS *** RS 10. Stephen Sones etux 7716 Hewitt St. Ft. Worth, TX 76180 RS 11. Michael R. & Laura J. McGaughy 7717 Frankie B St. Ft. Worth, TX 76180 RS 12. J. D. Sturdevant etux 5428 Ira St. Ft. Worth, TX 76117 RS 13. Clinton Leo Cox etux 7717 Buck St. Ft. Worth, TX 76180 CS 14. Leo & Dolly Cox 7717 Buck St. Ft. Worth, TX 76180 RF 15. J. D. Richmond Jr. 6737 Hewitt St. Ft. Worth, TX 76180 RF 16. Michael W. Dean etux 6725 Hewitt St. Ft. Worth, TX 76180 RF 17. B. B. Calvert etux 6721 Hewitt St. Ft. Worth, TX 76180 TOTALS: PROPERTY FRONT ASSESS. APPARENT ASSESSMT. DESCRIPTION FOOTAGE RATE CREDITS LESS CR. HEWITT STREET *** West Side ) Hewitt Estates Addn. Lot 6 Blk. 3 VOL. 6846, PG. 802 150.00 15.92 Hewitt Estates Addn. Lot 5 Blk. 3 VOL. 7960, PG. 3 150.00 15.92 Hewitt Estates Addn. Lot 6 Blk. 2 YOL. 7244, PG. 363 Hewitt Estates Addn. Lot 5 Blk. 2 VOL. 4085, PG. 243 Hewitt Estates Addn. Lot 5 Blk. 1 VOL. 6955, PG. 1002 Hewitt Estates Addn. Lot 6 Blk. 1 VOL. 388-165, PG. 45 John C. McComas Survey Abstract 1040 Tract 4C1 YOL . 6773 , P G. 778 John C. K~cComas Survey Abstract 1040 Tract 4C2 VOL. 5900, PG. 686 150.00 15.92 150.00 15.92 150.00 15.92 110.00 23.51 0.00 2388.00 0.00 2388.00 0.00 2388.00 0.00 2388.00 0.00 2,388.00 0.00 2586.10 207.25 23.51 126.09 4746.36 104.00 23.51 98.07 2346.97 2461.75 23.63 705.17 58164.68 VOL g1~2 PAGE iS93 Ordinance No. Page Two 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. 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 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. 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 proportionant 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 nine percent (9%) per annum, together with reasonable attorney's fees and costs of collector, if incurred are hereby declared to be and are made a lien von 8142 PacE 2594 Ordinance No. Page Three V. (Continued) 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. 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 nine percent (9%) 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 of 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 of 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 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 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. VOl 8142 PAGE iS9S Ordinance No. Page Four 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. 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 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 unit 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 COL ~1.4z PAGE 1S9Ei Ordinance No. Page Five IX. (Continued) 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 Gity 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 recited 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 certif icates 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 above 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. VOL $j.42 PAGE ~$~ Ordinance No. 1192 Page Six XII. The assessments so levied are for the improvements in the particular unit upon which the property described abutts, and the assessments for the improvements in any unit 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 any one 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 Fortieth Legislature of the State of Texas, known as Chapter 106 of the Act of said Session and now shown as Article 1105b of Vernon's 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. 1985. PASSED AND APPROVED this 11th day of March Mayor ATTEST:" --. ~ y Sec~~--tary APPR0VET3 AS TO FORM AND LEGALITY: _,_~--. _ City Attorney ~-p~-~, VOL $142 PAGE iS9$ 1'0 Sr:r: ~;XHIBI t (S) '1'0 oRnivavc~:: PL~AS~: C0N'1'AC r CITY Sr:CRr;1ARY'S OrrIC~: / VIUVICIPAL ~:coxns