HomeMy WebLinkAboutOrdinance 0821
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ORDINANCE NO. 821
21aOO W D
~ 06/05/81
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314023
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR
A PORTION OF THE COST OF IMPROVING A PORTION OF THE
FOLLOWING STREET; BOOTH CALLOWAY FROM LOOP 820 SERVICE
ROAD TO GLENVIEW DRIVE IN THE CITY OF NORTH RICHLAND
HILLS, TEXAS: FIXING CHARGES AND LIENS AGAINST
PROPERTY AUBTTING 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 OF NORTH RICHLAND HILLS, TEXAS, AND BY FILING THE
ORDINANCE IN THE.ORDINANr.F RFr.OROS OF SAID CITY; AND
PROVIDING FOR AN EFFECT DATE.
WHEREAS, the City of North Richland Hills, Texas, has by
Ordinance No. 819 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 specifications therefore; 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:
BOOTH CALLOWAY ROAD 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 where prepared and
filed and by Ordinance No. 819, 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 the 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 12th day of May, 1980 at 7:30 o'clock, P.~1. in the
Council Chamber in the City Ha 11 in the City of North Ri ch 1 and Hi 11 s.
Texas, and at such hearing the following protests and objections were
made, to wit:
VOL 7131PAtE 623
..
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:
I.
Sa i d heari ng be, and the saiììê 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 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 enhanced 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.
vo L 7131 PAGE 624
...
,
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 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 six percent (6%) 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 thp. same are assessed, and a personal liability
and charge against the real and true ~~ners of such property, whether
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 assessment are levied, and shall be a first
and paramount lien thereon, superior to all other liens and claims,
except State, County, School District and City 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 installments, 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 six percent (6%) 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
attorneys' fees and costs of collection, incurred. PROVIDED, however,
VOL 7131PAGE 625
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 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 lãwful, 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 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 afore-
said, 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 the proceedings of the City relating to said improvements
and assessments therefore, and is less than the proporation of
the cost allowed and permitted by the law in force in the City.
VII I.
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,
VOL 7131PAGE 626
as hereinafter provided, shall be fixed and determined by de-
ducting 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, and 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 improve-
ment 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 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 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 description 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 invalidate 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
collectible, with reasonable attorney's fees and costs of collect-
ion, 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 there-
fore, which shall be evidence of such payment on any demand for
the same, and the City Secretary shall deposit the sums so re-
received in a separate fund, and when any payment shall be made to
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 accrued interest and all costs of collection and
reasonable attorney's fees, if incurred, have been paid in full.
VOL 7131PAGE 62V
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 pre-
requisites 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 signature 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 recitàls perti-
nent 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 suc~ 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 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, not-
withstanding 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 descrived 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
improvements in anyone unit have been in nowise connected with
the improvements or the assessments therefore in any other unit.
VOL 7131 PAGE 628
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VOL 7131PAGE 631
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XII I.
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 Forthieth 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
ordainted.
PASSED AND APPROVED THIS 12th DA~ OF May
, 1 980.
J,') 1A;¡~t/Þn/
~.0Y~am, ~1ayor
ATTEST:
(]:L4-u;L~: /l?~v/
J~ette Moore, City Secretary
:-
APPRC.R.OV AS TO FOjAND iLEG~Y:
(Ai)/íl/~1{tlÁ-~
Rex rkrn-tire, City Attorney
'JOl 7131PAGE 632
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