HomeMy WebLinkAboutOrdinance 0970
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ORDINANCE NUMBER 970
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ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION
OF THE FOLLOWING STREET: DAWN DRIVE FROM ONYX DRIVE NORTH TO
GLENVIEW DRIVE,! IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIX-
ING CHARGES AND LIENS AGAINST PROPERTY ABUTTING THEREON, AND
AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH
ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVI-
DENCE 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 OF NORTH RICHLAND HILLS, TEXAS, AND BY
FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; M~D
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas, has by Ordinance Number
, heretofore ordered that each of the hereinafter described portions of streets,
avenues and public places in the City of North Richland Hills, Texas, by improved
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 specifications therefor;
and contract has been made and entered into with Austin Road Company for the making
and construction of such improvements; said portion of streets, avenues and public
places being as follows, to wit: Dawn Drive from Onyx Drive North to Glenview Drive,
in the City of North Richland Hills, Texas, 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 Number
, approved and adopted by the City Council of the City of North Richland Hills,
and a time and place was fixed for a hearing and the proper notice of the time,
place and purpose of said hearing was given and said hearing was had and held at
the time and place fixed therefor, to wit, on the 9th day of August, 1982, at
7:30 p.m. in the Council Chambers in the City Hall in the City of North Richland
Hills, Texas, and at such hearing the following protests and objections were made,
to wit:
(See attached list.)
and all desiring to be heard were given full and fair opportunity to be heard, and
the City Çouncil 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.
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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, 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 abutt-
ing 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 that in
each case the abutting property assessed is specially benefited and 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 ordi-
nance, 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 owners 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 her pro rata of the total assessment against such prop-
erty in proportion as its, his or her respective interest bears to the total owner-
ship 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.
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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 (9) per-
cent (9%) per annum, together with reasonable attorneys' 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 property, whether such owners be correctly
named herein or not, and the said liens shall be and constitute the first enforce-
able 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, County, School District, City and ad 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 install-
ments, due respectively on or before thirty (30) days, 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 (9) percent 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 there-
of, 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 inter-
est 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 collectable,
together with reasonable attorneys' 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 $10.00 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, 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
a lawful, valid and binding note and mechanic's and materialman's contract upon forms
supplied by the City of North Richland Hills granting a mechanic's lien upon and con-
veying 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.
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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 material-
man's contract as aforesaid, and said City shall exercise all of its lawful powers
to aid in the enforcement and collection of said assessments.
VII.
The total amount assessed against the respective parcels of abutting prop-
erty, and the owners thereof, is in accordance with the proceedings of the City relat-
ing to said improvements and assessments therefor, 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 cer-
tain 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 Coun-
cil as a credit against the respective assessments.
IX.
For the purpose of evidencing the several sums assessed against the respec-
tive parcels of abutting property and the owners thereof, and the time and terms
of payment, and to aid in the enforcement and collection thereof, assignable certifi-
cates 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 Sec-
retary, with the corporate seal of the City impressed thereon, and shall be payable
to the City of North Richland Hills, or its assigns, and shall declare the said
amounts, time and terms of payment, rate of interest, and the date of completion and
acceptance of the improvements abutting upon such property for which the certificate
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is issued, and shall contain the name of the owner or owners, if known, description
of the property by lot and block number, or front feet thereof, or such other descrip-
tion as may otherwise identify the same; and if the 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 invali-
date or in anywise 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 collectable, with reasonable attorneys'
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 receipt therefor, 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 Sec-
retary 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 payments 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 attorneys' fees, if incur-
red, 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 there-
of 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 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 above
set forth, but the substance thereof shall be sufficient. The fact that such improve-
ments may be omitted on any portion of any of said units adjacent to any premises
exempt from the lien of such assessments shall not in anywise invalidate, affect or
impair the lien of such assessment upon other premises.
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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 in 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.
XII.
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 unit are in nowise affected by the improvements or assessments in any other unit
and in making assessments and in holding said hearing, the amounts assessed for improve-
ments in anyone unit have been in nowise connected with the improvements or the assess-
ments therefor 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 Acts 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 Minutes 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 August, 1982.
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Dick Faram - Mayor
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\'!~~ed?"~'f!ette MoOr...~·Ci~r Secretary
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Rex McEn·tire - - City Attorney
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:2013
UNIT
NO.
3
5
7.
16.
17.
18.
19.
20.
21.
22.
DAWN DRIVE ASSESSMENT ROLL
OWNER AND
ADDRES S
John D. Lunsford
3816 Diamond Loch E.
NRH, TX
Richard W. Hitt
3824 Diamond Loch E.
NRH, TX.
Paul W. Fisher
3832 Diamond Loch E.
NRH, TX
Malcolm Fleet, Jr.
P. O. Box 7576
Ft. Worth, TX 76111
Cola M. Bradshaw
3800 Dawn Drive
NRH, TX
Kenneth R. Zielinski
3804 Dawn Dr.
NRH, TX
Charlie Lewis
5828 North Hills Dr.
NRH, TX
Sammy Lisenbe
3808 Dawn Dr.
NRH, TX
Arthur C. Bowdoin
6412 Harmonson
NRH, TX
Mathew Harrington
3812 Dawn Dr.
NRH, TX
PROPERTY
DESCRIPTION
Lot 8, Blk. 3
Diamond Loch
V. 5334, P. 128
Lot 10, Blk. 3
Diamond Loch
V. 5937, P. 612
Lot 12, Blk. 3
Diamond Loch
Lot 20, Blk. 4
Diamond Loch
V. 388-130, P. 57
FRONT
FOOTAGE
90.5
87.1
92.5
203.97
S 76', Tr. 3 76.0
Mahaly Lynch Surv.
Abst. 953 B
V. 7181, P. 886
N64', Tr. 3 64.0
Mahaly Lynch Surv.
Abst. 953B
V. 7181, P. 2236
Lot 4, Blk. 1
McMurray Ad.
V. 5072, P. 596
Lot 3, Blk. 1
McMurray Ad.
V. 7241, P. 443
Lot 2, Blk. 1
McMurray Ad.
V. 6994, P. 469
Lot 1, Blk. 1
McMurray Ad.
V. 3685, P. 619
63.0
63.0
63.0
63.0
ASSESS.
RATE
10.15
10.15
10 .15
31.86
10.15
10 .15
10.15
10.15
10.15
10.15
VOL
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TOTAL
ASSESS.
918.58
884.07
938.88
6,498.48
771.40
649.60
639.45
639.45
-------
639.45
639.45
::2014
UNIT OWNER AND PROPERTY FRONT ASSESS. TOTAL
NO. ADDRESS DESCRIPTION FOOTAGE RATE ASSESS.
23. Arthur C. Bowdoin Lot 2, Blk. 3 194.0 10.15 1,969.10
6412 Harmonson McMurray Ad.
NRH, TX V. 6764, P. 1626
24. Geo. Walter Peterson Tr. 28 605.0 10.15 6,140.75
4516 Easy St. Mahaly Lynch
Haltom City, TX Surv., Abst. 953A
V. 7265, P. 2306
25. H. Michael Reese & Tr. 1 (2Al ) 578.0 10.15 5,866.70
J. Shelby Sharpe Mahaly Lynch
4309 Ridglea Country Surv., Abst. 953A
Club Dr. V. 4769, P. 677
Ft. Worth, TX 76126
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of 1_,_ (Qw~, lttMS,'¡S stamped hereon by me.
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