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HomeMy WebLinkAboutOrdinance 0577 ORDINANCE NO. 577 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS: WOODS LANE FROM DAVIS BOULEVARD WEST TO THE END OF THE STREET; SAYERS LANE FROM DAVIS BOULEVARD WEST TO THE END OF THE STREET; IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; LETTING CONTRACT TO TEXAS BITULITHIC, INC., FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREFORE FOR A PART OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR METHODS OF PAYMENT; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATED IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEER TO PREPARE ESTIMATES OF COST; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORD OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer for the City of North Richland Hills, Texas has prepared plans and specifications for the improvement of the hereinafter described portions of streets, avenues and public places in the City of North Richland Hills, Texas, and same having been examined by the City Council of the City of North Richland Hills, Texas, and found to be in all matters and things proper; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: I. There exists a public necessity for the improvement of the hereinafter described portion of streets, avenues and public places in the City of North Richland Hills, Texas, to-wit: (See attached charts) II. Each unit above described shall be and constitute a separate and inde- pendent unit of improvements and the assessments herein provided for shall be made for the improvements in each unit according to the cost of the improvements in that unit and according to the benefits arising from the improvements in that unit. III. The hereinabove described plans and specifications are hereby approved and adopted. IV, Each of the above described portions of streets, avenues, and public places in the City of North Richland Hills, Texas, shall be improved by raising, grading and filling same and by constructing thereon an asphaltic concrete surface together with combined concrete curbs and gutters on proper grade and line where same are not already so constructed, together with storm sewers and drains and other necessary incidentals and appurtenances; all of said improve- ments to be constructed as and where shown on the plans and in strict accordance with the plans and specifications therefore. V. Bids having been advertised for as required by the Charter of the City of North Richland Hills, Texas, and the bid of Texas Bitulithic Inc. having found to be the lowest and best bid for the construction of said improvements, the work of constructing said improvements and contract therefor is hereby awarded to Texas Bitulithic Inc. at and for the prices stated in the Proposal of said company and as reported and recommended by the City's Engineers, which said report and recommendation is on file with the City, the Mayor and Acting City Secretary are hereby directed to excute the said contract in the name of the City of North Richland Hills, Texas, and to impress the corporate seal of the City thereon, the said contract embracing, among other things, the prices for the work. VI. To provide for the payment of the indebtedness incurred by the City of North Richland Hills, Texas, by said contract, there is hereby appropriated out of available funds and current revenues of the City, an amount sufficient to pay said indebtedness so incurred. VII . The cost of said improvements as herein defined shall be paid for as follows, to-wit: (a) On Woods Lane from Davis Boulevard West to the end of the street; Sayers Lane from Davis Boulevard West to the end of the street; the property abutting on that portion of the street to be improved and the real and true owners thereof shall pay for these improvements at the rate of TWO AND 50/100 ($2.50) DOLLARS per front foot for the first five hundred (500) feet of property being used for residential purposes and pay FIVE AND 50/100 ($5.50) DOLLARS per front foot for all other property fronting on said street which in no way exceeds nine- tenths (9/10th) of the estimated cost of the improvements in addition to curbs and gutters. (b) The City of North Richland Hills shall pay all of the remainder of the cost of said improvements after deducting the amounts herein specified to be paid by the abutting properties and the real and true owners thereof as set out above in subsection (a). The amounts payable by the abutting properties and the real and true owners thereof shall be assessed against such properties and the real and true owners thereof and shall constitute a first and prior lien upon such pro- perties and a personal liability of the real and true owners thereof, and shall be payable as follows, to-wit: When the improvements are completed and accepted by the City on a particular unit, the sums assessed against property abutting upon such completed and accepted unit shall be and become payable 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 such completion and acceptance, 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 unit. The entire amount assessed against the particular parcels of property shall bear interest from the date of the such completion and acceptance of the improvements on the unit upon which the particular property abuts at the rate of six per cent (6%) per annum, payable annually except as to interest on the first installment, which shall be due and payable on the date said installment matures, provided that any owner shall have the right to pay any and all such installments at any time before maturity by paying principal, with interest accrued to the date of payment, and further provided if default be made in the payment of any installment promptly as the same matures, then at the option of the City of North Richland Hills or its assigns, the entire amount of the assessment upon which default is made shall be and become immediately due and payable; but it is specifically provided that no assessment shall in any case be made against any property or any owner thereof in excess of the special benefits to property in the enchanced value thereof by means of said improvements in the unit upon which the particular property abuts, as ascertained at the hearing provided by law in force in the City, nor shall any assessments be made in any case until after notice and hearing as provided by law. Said assessments against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of special assessment which shall be excuted in name of the City of North Richland Hills, PROVIDED, however, that the City of North Richland Hills retains the right to author- ize payment of the sums assessed against property abutting upon such completed and accepted unit in a period of not more than four (4) years in equal regular install- ments of not less than TEN AND NO/lOa ($10.00) DOLLARS 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, PROVIDED FURTHER, that such method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have excuted and delivered to the City of North Richland Hills, a lawful, valid and binding note and mechanic's and materialman's lien upon and conveying the said abutting property in trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property. VIII. The assessments against the respective lots and parcels of property and the owners thereof may be evidenced by certificates of special assessment, which shall be executed in the name of the City by the Mayor of said City, and the Acting City Secretary shall attest the same and inpress the corporate seal of the City thereon, and which may have attached thereto coupons in evidence of several installments, which the assessment is payable, which certificates shall be issued to the City of North Richland Hills, shall recite the terms and time of payment, the amount of the assessment, the description of the property, and the name of the owners, as far as known, and shall contain such other recitals ;as may be pertinent thereto, and shall further recite substantially that all proceedings with reference to the amking of such improvements have been regularly had in compliance with law, and that prerequisites to the fixing of the assessment lien against the property described in said certificates and the per- sonal liability of the owners thereof, have been regularly had, done and preformed, and such recitals shall be prima facie evidence of the matters so reicted, and no further proof thereof shall be required in any court, and the certificates shall provide substantially that if default be made in the payment of any installment promptly as the same matures, then, at the option of the City of North Richland Hills, or its assigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorneys' fees and costs of collection, if incurred, all of which, as well as the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other liens and claims except State, County, School District and City ad valorem taxes. No error or mistake in naming any owner or in describing any property or any other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof, and the omission of improvements on any particular unit or in front of any property exempt by law from the lien of special assessment for street improvements shall not invalidate any assessment levied. The certificates referred to need not contain recitals in exactly the words above provided for, but the substance thereof shall suffice, and they may contain other additional recitals pertinent thereto. IX. The City Engineer of the City of North Richland Hills, Texas, be and he is hereby, ordered and directed to file with the City Council estimates of the cost of such improvements in each unit, X. The Acting City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice in accordance with the pro- visions of Article 1220a of Vernon's Texas Civil Statutes and amendments thereto. XI. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessments levied and all proceedings taken and had in accordance with and under the terms of the powers and provisions of Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, now shown as Article 1105b of Vernon's Texas Civil Statutes, and under which law these proceedings are taken and had. XII. The Acting 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 and by filing the complete Ordinance in the appropriate Ordinance Records of this City. XII I. This Ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordered. PASSED AND APPROVED this ATTEST: '} AC~T~RE'T-riv'; RUTH PINNER CITY OF NORTH RICHLAND HILLS, TEXAS APPROVED AS TO FORM AND LEGALITY: ~J,¿ T 0 .y,,~~~~' 24th day of February , 1975. Ii It "f I' , .'. 1. ¿:l {.:ftr/---- jtUd-r)/\...../ MAYOR~VDICK FARAM~ CITY OF NORTH RICHLAND HILLS, TEXAS Assessment Less Credits $572.00 $260.00 $260.00 $216.75 $191. 00 Apparent Credits CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR WOODS LANE FROM: F. M. 1938 TO: WEST END OF STREET PROPERTY OWNER Assessment Assessment AND ADDITION Front Ft. @$2.50/Fr.Ft. @$5.50/Fr.Ft S. K. Stanford et ux May Bell 104.00 $572.00 Lot 9, Block 2 Woodbert Add. Vol. 3576 Pg. 208 Frank C. Cook et ux D. 104.00 $260.00 Lot 10, Block 2 Woodbert Add. Vol. 3091 Pg. 27 Sylvester & Josie Schneider 104.00 $260.00 Lot 11, Block 2 Woodbert Add Vol. 2257 Pg. 286 Jesse & Rema Grimes 86.70 $216.75 Lot 12, Block 2 Woodbert Add. Vol. 2257 Pg. 289 Clarence Kidd 76.40* $191. 00 Tract 2A3, William D. Barnes Sur. Abst. 146 Vol. 3648 Pg. 89 *TOTAL FRONT FOOTAGE ON THIS LOT = 548.61 (PAVING DOESN'T EXTEND TO WEST END OF LOT Assessment Less Credits $185.00 $260.00 $260.00 $260.00 $260.00 $260.00 $260.00 $260.00 Apparent Credits Assessment @$5.50/Fr.Ft CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR WOODS LANE FROM: F, M. 1938 TO: WEST END OF STREET Assessment Front Ft @$2.50/Fr.Ft 74.00 $185.00 104.00 $260.00 104.00 $260.00 104.00 $260.00 104.00 $260.00 104.00 $260.00 104.00 $260.00 104.00 $260.00 PROPERTY OWNER AND ADDITION South Side Ray A. Baldwin et ux Martha N 841 Lot 1 Blk 2 Woodbert Add Vol. 4081 Pg. 495 Vincent Gallegos et ux Betty Lot 2, Block 2 Woodbert Add. Vol 2261, Pg. 399 Elmer E. Campbell Lot 3, Block 2 Woodbert Add. Vol. 2841 Pg. 211 Donald R. Moffett et ux Myrna Lot 4, Block 2 Woodbert Add Vol. 5657 Pg. 214 S. G. Presley et ux Amy Lot 5, Block 2 Woodbert Add Vol 4267 Pg. 373 James Howard Lot 6, Block 2 Woodbert Add Vol. 5705 Pg. 88 Joe V. Tirk et ux Wynell Lot 7, Block 2 Woodbert Add Vol. 5209 Pg. 633 S. K. Stanford Lot 8, Block 2 Woodbert Add Vol. 3564 Pg. 225 Assessment Less Credits $260.00 $260.00 $260.00 $218.00 $197.00 Apparent Credits CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR WOODS LANE FROM: F. M. 1938 TO: WEST END OF STREET PROPERTY OWNER Assessment Assessment AND ADDITION Front Ft. @$2.50/Fr.Ft. @$5.50/Fr.Ft Lee Shannon Puckett et ux Christene 104.00 $260.00 Lot 9, Block 1 Woodbert Add. Vol. 3709 Pg. 70 Russel P. Johnson 104.00 $260.00 Lot 10, Block 1 Woodbert Add. Vol 3517 Pg. 503 J. A. Turner 104.00 $260.00 Lot 11, Block 1 Woodbert Add. Vol 2348 Pg. 347 John William Puckett 87.20 $218.00 Lot 12, Block 1 Woodbert Add. Vol. 3841 Pg. 369 Fred Ki dd 78.80* $197.00 Tract 2A1 William D. Barnes Sur. Abst. 146, Vol. 2435 Pg. 253 * TOTAL FRONT FOOTAGE ON THIS LOT = 100 PAVING DOESN'T EXTEND TO WEST END OF LOT Assessment Less Credits $185.00 $572.00 $572.00 $572.00 $260.00 $260.00 $572.00 260.00 Apparent Credits Assessment @$5.50/Fr.Ft $572.00 $572.00 $572.00 $572.00 CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR WOODS LANE FROM: F. ~1. 1938 TO: WEST END OF STREET Assessment Front Ft @$2.50/Fr.Ft 74.00 $185.00 104.00 104.00 104.00 104.00 $260.00 104.00 $260.00 104.00 104.00 $260.00 PROPERTY OWNER AND ADDITION· North Side Hobson Stone Lot 1, Block 1 Woodbert Add Vol. 3180 Pg. 518 Hobson Stone Lot 2, Block 1, Woodbert Add Vol. 3180 Pg. 518 Hobson Stone Lot 3, Block 1 Woodbert Add. Vol 3180 Pg. 518 Hobson Stone Lot 4, Block 1 Woodbert Add. Vol. 3180 Pg. 518 Joe J. Giles et ux Ruby Lot 5, Block 1 Woodbert Add. Vol 5316 Pg. 392 Delbert C. Burgess et ux Clara Lot 6, Block 1 Woodbert Add Vol 4851 Pg. 839 Delbert C. Burgess et ux Clara Lot 7, Block 1 Woodbert Addition Vol. 4851 Pg. 839 Cecil L. Forsythe et ux Lois Lot 8, Block 1 Woodbert Add Vol. 3342 Pg. 253 Assessment Less Credits $694.00 $234.25 $515.35 $1144.00 $520.00 $520.00 $520.00 $445.00 Apparent Cred its CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR SAYERS LANE FROM: F. ~1. 1938 TO: WEST END OF STREET PROPERTY OWNER Assessment Assessment AND ADDITION Front Ft, @$2.50/Fr.Ft. @$5. 50/Fr. Ft North Side Clarence Kidd 277.6* $694.00 Tract 2A3 William D. Barnes Sur Abst. 146, Vol. 3648 Pg. 89 Particia Ann Braudrick 93.70 $234.25 W. 93.7' Lot 13, Blk. 2 Woodbert Add. Vol. 3386 Pg. 536 Sylvester & Josie Schneider 93.70 $515.35 E. 93.7' Lot 13, Blk. 2 Woodbert Add. Vol. 2257 Pg. 287 Delbert Hugh Estill et ux Louise 208.00 $1144.00 Lot 14, Block 2 Woodbert Add. Vol. 3939 Pg. 139 Delbert Hugh Estill et ux Louise 208.00 $520.00 Lot 15, Block 2 Woodbert Add. Vol. 3939 Pg. 139 Robert E. Beard et ux Arretta 208.00 $520.00 Lot 16, Block 2 Woodbert Add. Vol. 5543 Pg. 988 James Sandstrum et ux Letha 208.00 $520.00 Lot 17, Block 2 Woodbert Add. Vol. 3913 Pg. 273 Raymond A. Baldwin et ux Martha 178.00 $445.00 Lot 18, Block 2 Woodbert Add. Vol. 3803 Pg. 326 *TOTAL FRONT FOOTAGE ON THIS TRACT = 548.61 PAVING DOESN'T EXTEND TO WEST END OF LOT Assessment Less Credits $1419.00 $918.50 $918.50 $130.00 $130.00 $130.00 $286.00 $286.00 Apparent Credits Assessment @$5.50/Fr.Ft $1419.00 $918.50 $918.50 $286.00 $286.00 CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR SAYERS LANE FROM: F. M. 1938 TO: WEST END OF STREET Assessment Front Ft @$2.50/Fr.Ft 258.00 167.00 167,00 52.00 $130.00 52.00 $130.00 52.00 $130.00 52.00 52.00 PROPERTY OWNER AND ADDITION South Side A. E. Wooten Lot 1, Block 3 Woodbert Add Vol. 4203 Pg. 442 Raymond S. Payne Lot 2, Block 3 Woodbert Add Vol. 388-K Pg. 89 Raymond S. Payne Lot 2A, Block 3 Woodbert Add Vol. 388-K Pg. 89 Alfred G. Heaslet et ux June Lot 3A, Block 3 Woodbert Add Vol. 5494 Pg. 880 Alfred G. Heaslet et ux June Lot 3B Block 3 Woodbert Add, Vol. 5494 Pg. 880 Alfred G. Heaslet et ux June Lot 3c, Block 3 Woodbert Add Vol. 5494 Pg. 880 David M. Montgomery et ux Linda Lot 3D Block 3 Woodbert Add. Vol. 5609 Pg. 532 David M. Montgomery et ux Linda Lot 4A, Block 3Woodbert Add Vol 5609 Pg 532 Assessment Less Credits $286.00 $286.00 $130.00 $155.75 $342.65 $342.65 $330.00 $212.50 $743.05 Apparent Credits CITY OF NORTH RICHLAND HILLS . ASSESSMENT ROLL FOR SAYERS LANE FROM: F. M. 1938 TO: WEST END OF STREET PROPERTY OWNER Assessment Assessment AND ADDITION Front Ft. @$2.50/Fr.Ft @$5.50/Fr.Ft Gary David Rogers et ux Frances B 52.00 $286.00 Lot 4B Block 3 Woodbert Add. Vol. 5605 Pg. 755 Gary David Rogers et ux Frances B 52.00 $286.00 Lot 4C, Block 3 Woodbert Add Vol. 5605 Pg. 755 Gary David Rogers et ux Frances B 52,00 $130.00 Lot 4D, Block 3 Woodbert Add. Vol. 5071 Pg. 238 Gary David Rogers et ux Frances B 62.30 $155.75 Lot 5A, Block 3 Woodbert Add. Vol. 5071 Pg. 238 Arthur W. Peterleus et ux Ella 62.30 $342.65 Lot 5B, Block 3 Woodbert Add. Vol. 5683 Pg. 925 Arthur W. Peterleus et ux Ella 62.30 $342.65 Lot 5C, Block 3 Woodbert Add Vol. 5683 Pg. 925 Robert J. Holloway 60.00 $330.00 Tract 2A2A William D. Barnes Sur. Abst 146, Vol. 5410 Pg. 558 Robert J. Holloway 85.00 $212.50 Tract 2A2 William D. Barnes Sur., Abst. 146 M. L. Mosier et ux Zelmarene 135.1 * $743.05 Tract 2A2B William D. Barnes Sur. Abst. 146, Vol 5307 Pg. 239 TOTAL FRONT FOOTAGE ON THIS LOT = 229.43 PAVING DOESN'T EXTEND TO WEST END OF LOT.)