HomeMy WebLinkAboutOrdinance 0913
'í;
(/
'\ \ I
I i ~ '
--r' 1\--./
(./ ,r i
! -fj
I ,.:
./IJ ,V
vi
'"
....
..
,
...
ORDINANCE NO. 913
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS
FOR A PORTION OF THE COST OF IMPROVING A PORTJDN
OF THE FOLLOWING STREET; ,RUFE SNOW DRIVE FROM-
INTERSTATE LOOP 820 NORTH TO ST. LOUIS RAIL ROAD
IN THE CITY OF NORTH RICHLAND HILLS, TEXAS: FIXING
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 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. 911, heretofore ordered that each of the hereinafter
described portions of streets, avenues and public places in the City
of North Richland Hills, Texas, b~ 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 specifications therefore; and contract
has been made and entered into with Austi n Road Constructi on for
the making and construction of such improvements; said portion of
streets, avenues and public places being as follows, to wit:
RUFE SNOW DRIVE FROM INTERSTATE LOOP 820 NORTH TO
ST. LOUIS SOUTHWESTERN RAIL ROAD, 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 No. 91L 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 10th day of August, 1981, at 7:30 p.m. o'clock, P.M. in the
Council Chamber in the City Hall in the City of North Richland Hills,
Texas, and at such hearing the following protests and objections were
made, to wi t:
V~_ '7189 f'~~F1517
..
Orpinance No. 913
Page 2 ,..
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 assesments 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:
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 aganist the owners of such
property, and that such assessments and charges are right and proper
and are substantailly 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 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.
V2:" 'i1tB lJtf,gijß
Ordinance No. 913
Page 3,'
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
assesement against such property in proportion as its, his or her rèspective
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 annual, 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 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
owner~ 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) days, one (1), two (2), three (3), and four (4)
years from the date of comple~ion 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 accured 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
~::. ?1æ lAt£1519
· Ordi na~'ce No. 913
Page 4
upon such completed and accepted unit over a period of not more .than
four years in equal regular installments of not less that $10.00 each,
the first year installments to become due and payable not more than
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 comleted 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 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 Ithe 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 opti on of the City of North Ri chl and Hi 11 s, 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.
VI I.
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 aformentioned 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 hot 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.
i I '1BS F'~:E1520
Ordinance No. 913
Page 5
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 certificiates 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 excuted 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 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 spearate 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 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
accured interest and all costs of collection and reasonable attorney's
fees, if incurred have been paid in full.
Said certificate shall furher recite substantially that the
proceedings with reference to making the improvements have been regularly
had in compliance with the law, and that all prerquisites 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.
IJ:_ 7189 fA~f1521
Ordinance No. 913
Page 6
Said certificates may have coupons attached there~o 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 futher 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 exempt from the lien of such assessments shall not in
anywiseinvalidate, 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.
XI I.
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 noway a~fected
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.
XIII.
The assessments levied are made and levied under and by virture
of the terms, powers and provisions of an Act passed at the First Called
Session of the Forthieth 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.
YC:.. 'i189 fA~f1522
li1 ,þ. W tv I--'
t:1 'U >-3 "Ij li1 0 t:1 'U >-3 "Ij 'U >-3 t:1 'U >-3 ~
OJ 0 ti 0 0 OJ OJ 0 ti 0 0 t!j OJ 0 ti t!j 'U
I--' en 'U ¡:: ti ,þ. ti I--' en 'U ¡:: ti en (fJ I--' en (§1 ¡:: (fJ ti
I--' rt 0 en rt 0..::: I--' rt 0 en rt rt 0 I--' rt en >-3 0
OJ 0 rt 0 OJ 0 rt 0 OJ 0 rt t:1'd
en 01--' CD ~ OJ <: en 01--' CD ~ 0 en 01--' CD (fJ CD CD
H¡~ CD 0 ;:>;' 0 H¡~ CD H¡ H¡~ CD H en ti
H¡ en ti I--' H¡ en ti H¡ H¡ en t:1 0 rt
>-3 1-'- H rt ::r;1--' >-3 1-'- H rt 1-'- >-3 1-'- H t!j tio..:::
CD 0 ~ 0 ::J" 0 1-'- CD 0 ~ 0 ::J" 0 CD 0 ~ 0 1-'-
X CD 0 H¡ I--' ~ X CD 0 H¡ CD X CD 0 H¡ 0 'd ~
OJ I--'rt OJ OJ "Ij rt
en tJ:J t!j >-3 0 1-'- en tJ:J t!j >-3 tJ:J en ~ t!j 1-'- ~
0 I CD ~ ~ 0 I CD 0 I ~ 0 CD
-..J X (fJ X CD -..J X (fJ X X -..J X (fJ ~ ~ ti
li1 0..::: OJ t-< li1 0..::: OJ li1 0..:::
tv ()'I en en OJ tv ()'I en en \D tv ()'I en t!j OJ
tv 0 rt ~ tv 0 rt -..J tv 0 rt ~
tv W CD -..J CD tv W CD -..J 0 tv W CD (fJ 0.
0 S ()'I 0 S ()'I 0 S ~
en I--' en I--' en
I--' 0
tv I--'
t:1
~
H
<:
t!j
Ci ~b: >-3 Ci ~ t!j>-3 <: ~ c..¡ >-3 <: ~ c..¡ >-3 <: ~ c..¡ >-3
ti o.ti 0 . ti 0 . ti 0 . ti
I--' en S OJ I--' en S OJ I--' en OJ I--' en OJ I--' UJ OJ
. rt ¡:: 0 rt § 0 . rt :5: 0 . rt :5: 0 . rt :5: 0 0
~ rt rt rt rt rt H
()'I 0. ()'I 0. li1 en tv li1 en >-3
0::> 0::> I--' -..J 0::> I--' 0::> I--' <: 0::> I--' <: I--' 0::> I--' <: t-< ><:
,þ. \D :5: tJ:J li1 \D :5: ()'I li1 OJ I--' ()'I li1 OJ t:1 ()'I li1 OJ I--' CD
tv tv· w 0::> tv -..J 0::> ~ ~ I--' 0::> ~ I--' -..J 0::> ~ t:1 cO :x- 0
0::> 0. 0::> 0. 0::> 0. tv OJ (fJ t-1j
t:1 t:1 ¡:: I--' ¡:: ¡:: I--' ~ (fJ
'U 'U 'U UJ :x- 'U en 'U UJ § ~ t!j Z
cO cO cO CD ~ cO (1) cO ID (fJ 0
7: ~- ~ ~ ~ 0. t!j (fJ ç¡¡
1-'- I--' :5:
tv ~ I--' ~ \D (fJ tJ:J w (fJ \D (fJ I--' (fJ t!j ::r:
tv cO I--' cO tv ¡:: ~ tv ¡:: tv ¡:: t:1 Z ~
\D ,þ. tv ti ti tv ti ~ ~
\D (fJ -..J (fJ <: I--' <: <: H
¡:: ¡:: CD 0 CD CD ~ 0
ti ti 0..::: ~ 0..::: 0..::: t:I 0 ::r:
<: <: ~ t-< ;;:
CD ID I--' H t-<
0..::: 0..::: t:I <: Z
t!j t-1j t:1
0
~ ::r;
H
t-<
t-<
(fJ
o :x-
ti'd
CD 'd
0. OJ
1-'- ti
rt CD
UJ ~
rt
-{/} t-<
CD :x-
0::> I--' U1 UJ en
w 0 li1 tv W UJ UJ
~ ~ ~ ~ CD
-..J ,þ. li1 0::> I--' 0 UJ
0 \D \D w w ti en
I--' U1 0 I--' V1 CD S
0. CD
W I--' 0 ,þ. W 1-'- :J
()'I -..J V1 ()'I tv rt rt
en
tfþL, 71B' ~ JS~3
I--'
0 \D 0::> -..J ()'I
.
(fJ 'U w () "Ij 'U >-3 (fJ 'U w () ~ "Ij w Z t:I (fJ I--' ð'
OJ 0 ()'I ti 0 0 t!j OJ 0 ()'I ti 0 0 OJ OJ ~- w 'U
I--' en 0 ti en (fJ I--' en 0 (fJ ti 0 OJ rt I--' ()'I ~ ti
rt rt (fJ en rt rt 8 rt rt (fJ UJ >-3 rt ~ I--' rt I--' OJ 0
0 UJ 0 en * 0. tJ:J OJ ID tv I--' t:1'd
S7 0 ¡:: Ii ~ 0 ~ 0 ¡:: ti (fJ ~ ti UJ 0. ro ro
H¡ rt 0 0 H¡ H¡ rt 0 H 0 en t!j 0 ()'I :5: en ti
;:>;' H¡ ::J" ~ ti H¡ ;:>;' H¡ ::J" OJ t:1 ti rt H¡ 0 I--' 1-'- ~ 0 rt
ro 1-'- rt 1-'- ro 1-'- 0. t!j rt H¡ ;:>;' >-3 0 0. tio..:::
0 (fJ en ::J" 0 0 (fJ UJ ::J" (fJ 1-'- UJ ro ~ ti 1-'-
() ro rt ro n ro rt 0 ro ro ~ x OJ ti 'd ~
1-'- ~ t:I 1-'- OJ t:I t-1j <: OJ 0..::: rt
rt tJ:J ro >-3 tJ:J rt tJ:J rt ro >-3 ID ~~ UJ OJ 1-'- ~
0..::: 0 ro <: ro 0 0..::: 0 ro <: ~ ro ~ ~ ~ 0 ro
x ~ ro x X x ~ ro ~ x rt o cO -..J 0. ~ ti
I--' OJ I--' OJ ::J" 0 ro V1 ~
C I--' (fJ 0 en \D C I--' (fJ 0 t!j en ;:>;' ti tv :x- OJ
rt I--' ¡:: 'd -..J rt I--' ¡:: 'd (fJ en ,þ. UJ ~
OJ li1 1-'- S -..J 0 OJ V1 1-'- S (fJ -..J rt tJ:J 0 UJ 0.
::J" 0::> rt ro ()'I ::J" 0::> rt (!) ~ ()'I ti ~i 0
ro ~ I--' ro ~ I--' ro 0 0
0::> rt 0 0::> rt 0 ro 0 1-'-
,þ. I--' I--' ,þ. I--' tv rt ;:>;' OJ
I--' W () I--' W () t:1 UJ rt
,þ. I--' 0 ,þ. I--' 0 ~ ro
-..J oS -..J o S H UJ
'd 'd <
OJ ~ t!j
~
0..::: 0..:::
< ~ ~ t-3 < ~ ~ t-3 <z (fJ tJ:J < ~ c..¡ 'U < ~b: >-3
0 0 ti 0 0 ti 0 0 ~ I--' 0 OJ OJ 0 ti
I--' en OJ I--' UJ OJ I--'ti 0 0 I--' UJ S ti I--' UJ S OJ
0 rt ~ 0 0 rt ~ 0 0 rt ~ 0 0 rt (!) rt 0 rt ¡:: 0
rt rt ::J" ;:>;' en ~ rt
()'I tv ()'I ::r: li1 0 li1 0. t-<
\D I--' ~ tv 0::> I--' ~ tv \D :x- ro ,þ. 0::> ()'I :5: H¡ I-' 0::> I-' (1)
U1 ()'I OJ :x- tv ()'I OJ tJ:J V1 0. 1-'- 0::> w 0 ,þ. \D :5: tJ:J cO
tv 0 I-' tv -..J 0 I-' I-' tv 0. cO 0::> 0 t-3 -..J tv OJ
()'I I-' ()'I I-' 1-'- ::J" G) ti I-'
OJ OJ OJ rtrt ti OJ t:1
'U 0 ~ 'U 0 'U 1-'- en 'U ro 0 'U 0
cO ro 0. cO ro cO 0 cO cO rt cO
0 0 0 ~ 0 0 ~-
(fJ 'U (fJ ti I-'
I-' ¡:: OJ tv ¡:: I-' w 0..::: n li1 ~
I--' ti ti \D ti I--' -..J I--' 0::> cO
I-' <: rt ,þ. <: I--' 0 (fJ ,þ.
0::> ro ro 0::> ¡:: (fJ
0..::: 0 0..::: ti ¡::
H¡ <: ti
ro <:
tv 0..::: ro
0..:::
R>È'
ro 'd
0. OJ
1-'- ti
rt ro
en ~
rt
'U
OJ
cO
ro
~
0
-{/} t-<
ID :x-
0::> I--' UJ UJ
V1 W ,þ. ,þ. UJ UJ
~ .. .. ro
0 ()'I 0 -..J W () UJ
0::> 0::> 0 w \D ti UJ
I-' tv 0::> li1 0 ro S
0. ID
w tv V1 tv tv 1-'- ~
\D 0::> \D w ()'I rt rt
UJ
YOI-7/" ~ '2~
4
I--'
W
I-'
tv
t:1(fJW
p¡ ¡:: 0::>
I-' 1-" tv
I--'rtli1
p¡ ro
en
t:I(fJw H
p¡ ¡:: 0::> ~
I-' 1-'- tv (fJ rt
I-'rtUlrt(!)
p¡ ro ro ti
UJZ~~g
t-3~b~ ~
ro Ö' ¡:: H 1-'-
XlDrt~~
p¡ ti 0 ro
UJ ::r:: 0 ~
tv 1-'- ti rt
-..Jtvl-''dP¡
li1 li1 I-' 0 I-'
tv ti
w t-< P¡ 'U
I--' P¡ rt 1-'-
~ (!) 'd
ro p.. ro
P¡
~
0.
~~Ç?~
>-3tioOP¡
(!)rtl--'::J"~
X::J" I-'
P¡ G)p¡::r::
UJ~ti~P¡
1-" P¡ 0. S
-..J 0 'd S
()'I::J"rotIj
I--'I-'<:~P¡
I-' P¡ 1-'- rt ~
O::>~::5roo.
0. ro ti
'd c..¡
::r:: ::r:: ti
1-'- 1-'- 1-'-
I-' cO UJ tJ:J
I-'::¡-,ro .
UJ =<; UJ
P¡ (fJ
"<: P¡
g,
I--'
1-'-
::5
::r::
tv 1-'-
-..Jtvl-'
li1V11-'
tv
W
I--'
H
~
rt
ro
ti
o
o
::I
rt
H 1-'-
(fJ ~ ~
::J" 0 (!)
ro 0 ::I
ti ti rt
ro 'D P¡
11 0 I-'
ti
o ~ ;9.
~ (!) 'D
~o.ro
ro
~
"6
~ P¡ (fJ
ro <: rt
o 1-'- ro
~Oo.ro
Z P¡ ti I-'
~~go.:5:~
X (1) rt
P¡ ti
UJ
~
~
ro
o
H¡
P¡
::I
0.
<: ~ ~ 'U <: ~ ~ 'U <: ~ ~ 'U
0 p¡ 0 . P¡ 0 . P¡
I-' UJ ti I-' UJ ti f-I UJ ti
. rt ~ rt . rt ~ rt . rt ~ rt
()'I 0 ()'I 0 ,þ. 0
I-' I-' ~ H¡ \D I-' ~ H¡ 0::> I--' ~ H¡ t-<
,þ. ()'I P¡ ()'I ()'I P¡ li1 ()'I P¡ ro
-..J 0 I--' W 0 0 I-' >-3 I-' 0 I-' t-3 cO
()'I I-' :Þ' ()'I I-' ti ()'I I-' ti P¡
P¡ p¡ P¡ P¡ p¡ I-'
'U 0 'U 0 0 t¡: 0 0
cO ro cO (!) rt cO ro rt
.
(fJ (fJ I--' (fJ I--'
-..J ¡:: ()'I ¡:: w ¡::
li1 ti li1 ti ()'I ti
\D <: ,þ. <: I-' <:
CD ro ro
"<: "<: "<:
I-'
I--'
'U
ti
o
t:I'd
(!) ro
UJ ti
o rt
ti "<:
1-'-
~~
1-'0 ~
o (1)
::I ti
P¡
~
0.
R>È'
ro 'd
o.p¡
1-'- ti
rt ro
UJ ~
rt
'U
p¡
cO
ro
>-3
::J"
-{/} t-< Ii
(1) :x- ro
w ,þ. UJ UJ ro
0 w UJ UJ
~ ID
0::> w 0 () UJ
0::> 0 0 ti UJ
tv \D ,þ. ro S
. . 0. ro
\D I-' -..J 1-'- ~
-..J tv I--' rt rt
UJ
vel.7/81 ~ IS 2S
. . ~
, . .
Ordinance No. 913
Page 7
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 10th DAY OF August , 1981.
. 1 ,
./~;7ttl (/, ~:Jajth,/þ/
DieR Faram - Mayor
ATTEST:
;"" .
_ :::''"J .
. .
"'. 'i-~, '¡ .
t¡, l .
v: ~ 'i189 fA~f1526
I.oU~ll. ~ ~'ttJ t
BrAl£ OF Th.··~Aa I
I hImrt œ~¡, that th1t hi5!nlfnNlt was FfLED (;lit tIIq
&te and at the ¡jmo $(~m9~d 11,,1:;1'1'1 I}ý!!'lll and was duly
RECORDED, I" the N~ITI.d KCCOru'\ (.Ii tm'iIIlt 1:o\¡nty,
Texas as ItIrnCld h0r~on by mI.
~
~'~~". ·~,',f
~.,"'I'
~ ,t~'
~.
~
tìEP an 1'~;~1
4~ ... ð) II .ft..
f;,,,:.f'/ ,,,. "... 1"""!':'.~-
;'~.t...r~:"",:~ 1'-:}:/'.4~,·tJ~~\ f: '..., '
¿,:/';"-
OOUNrY ClERK
mM,I(In coWN. ro"~ \
i
(L/~,
. '-;'
l~>
, ~-
Ilj ( / j ,
¿ ,/,. CÞc f./ '
f__'· ....,
" ,,)
i,.¿Y.k.~ /J// L7')
/ - \.....~(~,
/J ,-'- ;',) " , " , /' 7
- / "CIZ /C..: &/ (>¿/~ /J " ,"', ~,"/ / ",)
L- A-',-<. ,L.¿¿4 '7
:;'/'.7 --7 j .
¿ v ( '/~f <,T. "c:/.. ",J-I ¿t/"<,¿ ~ ./
\1
/'"1
I
,--/ /'
' )L<...-;",:~,",,~'
I'~-¡ ,
/ (7 1/,5
wI., 7/!l3 fJ/J6-'E /~---';!~-A
~ . .
.,
SUBORDINATION AGREEMENT
THE STATE OF TEXAS
x
X
X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
This Subordination Agreement, executed by the CITY OF NORTH RICHLAND
HILLS, TEXAS ("City"), in favor of BANK OF NORTH TEXAS, a state banking associa-
tion ("Bank");
WIT N E SSE T H :
----------
WHEREAS, the City has, by Ordinance No. 913, levied and assessed
certain sums against, and made such sums liens upon, certain parcels of real
property in Tarrant County, Texas ("Assessed Property"), for a portion of the
cost of improving Rufe Snow Drive from Interstate 820 North to st. Louis South-
western Railroad, in the City of North Richland Hills, Texas, as more fully set
forth in instrument dated August 10, 1981 and recorded on September 30, 1981 in
Volume 7189, Page 1517 of the Deed of Trust Records of Tarrant County, Texas
("Ordinance"); and
WHEREAS, MINTEX, a Texas general partnership ("Mintex") has executed
or will execute a Promissory Note ("Note") dated August 28, 1982 payable to the
order of the Bank in the principal sum of $2,850,000.00, secured, inter alia, by
a Construction Deed of Trust and Security Agreement ("Deed of Trust") of even
date therewith executed or to be executed by Mintex in favor Trustee for the
benefit of the Bank, covering certain real property in Tarrant County, Texas,
as more particula:tly described therein ("Land"); and
WHEREAS, the Land comprises a portion of the Assessed Property and the
Ordinance provides that the aforesaid sums assessed as liens upon the Assessed
Property constitute first and prior liens thereon; and
WHEREAS, the Land is subject to that certain agreement dated April 30,
1981 ("City Agreement"), as more fully set forth in an instrument dated April 30,
1981 and recorded in Volume 7127, Page 728 of the Deed Records of Tarrant County,
Texas.
WHEREAS, the City desires to subordinate the lien created by the Ordi-
nance upon the Land and any liens and rights created by the City Agreement (here-
in collectively called the "City Liens") to the Deed of Trust and all other rights,
titles, liens and interests securing payment of the Note and all future renewals,
extensions, modificatiöns, and permanent financing relative to the Note (herein
collectively called the "Bank Liens");
NOW, THEREFORE, for and in consideration of the sum of Ten and No/IOO
Dollars ($10.00) cash and other good and valuable consideration to it paid, the
receipt and sufficency of which are hereby acknowledged, the City does hereby
expressly subordinate and make junior and inferior the City Liens to the Bank
Liens, and does hereby agree that the City Liens are and saIl in all respects be
junior and inferior to the Bank Liens, with the same effect and to the same extent
-1-
r
as if the Bank Liens had been executed, acknowledged, delivered and recorded in
the Office of the County Clerk of Tarrant County, Texas, prior to the execution
and delivery of the City Liens. It is expressly understood and agreed that the
subordination set forth herein shall extend not only to the original sum, and
any and all interest thereon, assessed by the City against the Land pursuant to
the Ordinance and the City Agreement, but also to all further sums, and any and
all interest thereon, be assessed by the City against the Land pursuant to the
Ordinance and the City Agreement.
The hereinabove mentioned property is further described in Exhibit
"An which is attached and made a part of this Agreement.
WITNESS THE· EXECUTION HEREOF as of the 27th day of August
1982.
"
CITY JF NORTH
~cd -4J~
Secretary
J
~
RIC~~D HII,/J' lJ:fš
£¡;"CrM( ~a~/
By: ~'1 a-(,L
ATTEST:
THE STATE OF TEXAS
x
X
X
COUNTY OF TARRANT
This Instrument was acknowledged before me on August 27
by James Edward Ramsey , as Mayor Pro Tern
of North Richland Hills, Texas.
, 1982
, of the City
4£:f~~
My Commission Expires 11-2-85
THE STATE OF TEXAS
X
X
X
COUNTY OF TARRANT
This Instrument was acknowledged before me on
1982 by , as
City of North Richland-Hills, Texas.
of the
Notary Public, state of Texas
My Commission Expires
-2-
~
-
,;
EXHIBIT "A"
Lot 1, Block 4 of Industrial Park Addition is further described in Assessment
Ordinance 913 as follows: Beginning at the south property line of Tract IB3
of Abstract 892 then north 360 feet to its southwest corner continuing north
400.03 feet to its northwest corner. This footage is included in Assessment
Ordinance 913 as part of Tract IB3, Abstract 892.
"."
~,
""¥.'-'
, ,o.~:, <,i-ok
"'I' ~..'
:'. ~':;"~.-,
.-':--;'
"~:I- ,. ~
.",~".,,~
. .
'.
August 27, 1932
Ref: CHI,;Q649-8;¿
ñJ
1.
,
lÐ
Ref: Paving Assessment
Lot 1, Block 4
Industrial Park Addition
0'
1 I
¡ <
;i" ~ I i,
~
'l'O W1fOM ~T MAY CONCERli:
fQJ
I
!
0' I
l
This letter is to advise you that, insofar as the City of North Richland
Hills is concerned, the paving a..8uessment levied by Ordinance 913 a.gainst.
Lot I, Block 4, Industrial Park Addition, covers the ¡¡,ame. costs of curb
and gutter and paving improvements on Ruf~ snow Drive as is provided for
by the ac¡reement and covenant recorded in the Tarrant County Deed of Records,
Volume 7127, Pagd 726. The above is true only as J..t pertains to Lot 1, Block
4, Industrial Park addition to the City of North Richland Hills, TeXAS.
s
~17
.; \V/
¡ ,
¡
I'
Rodger N. Line
City Manager
"7
RNL: e
>~
.,
¢!J
~
n"
"'~ ' .....,
~
~-------.
~ J.
""...."
"..!Jl'.'
.. ,
August 30, 1982
Ref ¡ CML.06S0-82
Mr. Jack Battikin
Rattikin Title Company
Fort Worth, Texas
Dear Mr. Rattikin;
This letter is to advise you that the consideration .beinq given the
City of North Richland Hills for its execution of the Subordination
A<¡reement dated August 27, 1982 was $12,844.96, vas an irrlítvocable
letter of credit payable on de¡¡¡and to the City of North Richland. dills
in the amount of $12,844. 96 .
This consideration is satisfactory to tha City of North Richland Hills.
Sincerely,
CITY OF NOR'l'H RICBIAND lULLS
Rodqer N. Lille
City Hanaqe:r:
,
i
~
RNL ;ca