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HomeMy WebLinkAboutOrdinance 0599 ORDINANCE NO. 599 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS: HONEY LANE FROM GLENVIEW DRIVE TO HARMONSON ROAD, RANDLE DRIVE FROM ASHMORE TO BOOTH CALLOWAY, LYNN TERRACE FROM ROGAN TO LOOP 820, LINMA LANE FROM SCRUGGS DRIVE TO FLORY, DEVILLE DRIVE FROM CUMMINGS DRIVE TO END OF STREET, COLORADO BLVD., FROM STATE HIGHWAY 121 TO STANDLEY STREET, KEN MICHAEL COURT FROM STATE HIGHWAY 121 TO RIVIERA, HOLIDAY LANE EAST FROM RIVIERA DRIVE TO LOOP 820 IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; LETTING CONTRACT TO TEXAS BITULITHIC INC., FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECTION; MAKING APPROPIATIONS 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 mPROVEMENTS; PROVIDING FOR THE ~1ETHODS 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 ~JITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE ANO ALL SUBSEQUENT PROCEEDINGS RELATIVE TO SAID STREET IMPROVEt4ENTS 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 discribed 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: 1. There exists a public necessity for the improvement of the hereinafter described portions 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 independent 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 as 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 City Manager and 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 appropiated 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 Honey Lane from Glenview Drive to Harmonson Road, Randle Drive from Ashmore to Booth Calloway, Lynn Terrace from Rogan to Loop 820, Linma Lane from Scruggs Drive to Flory, Deville Drive from Cummings Drive to the end of the street, Colorado Blvd., form State Highway 121 to Standley Street, Ken Michael Court from State Highway 121 to Riviera, Holiday Lane East from Riviera Drive to Loop 820 in the City of North Richland Hills, Texas, 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 dedcuting 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 properties 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 payable in such installments after the date of the completion acceptance of such respective unit. The entire amount assessed against the particular parcels of property shall bear interest form 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 accured 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 owner thereof in excess of the special benefits to property in the enhanced 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 the name of the City of North Richland Hills, 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 in a period of not more than four (4) years in equal regular installments of not less than TEN AND NO/IOO ($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 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 granting a mechanic'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, wh~ch shall be executed in the name of the City by the Mayor of said City, and the City Secretary shall attest the same and impress the corporate seal of the City thereon, and which may have attached thereto coupons in evidence of the 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,oand 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 making of such improveme~ts have been regularly had in compliance with law, and that prerequisites to the fixing of the assessment lien against the property drscribed in said certificates and the personal liability of the owners thereof, have been regularly had, done and preformed, and such recitals shall be prima facie evidence of the matters so recited, 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 City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice in accordance with the provisions of Articel 1220a of Vernon I 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 105 of the Acts of the First Called Session of the Forthieth 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 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 filling the complete Ordinance in the appropriate Ordinance Records of this City. XIII. This Ordinance shall take effect and be in full force and effect from and after the date of its passage and it so so ordered. PASSED AND APPROVED this 9th day of June , 1975. ,I ~ ""'<. l " -'.' _.,' '0' .:'i \;.>'t {~,b-.-=7.J (l-lrl./ Mayor - Dick Faram ATTEST: ¿:;jL~~d/ ¡L, k (£d<:j/ City Secretary - Winnie Bar~ay APPROVED AS TO FORM AND LEGALITY: // ~~=:;;~:-" ' //~" ;-- ',,::~J//.7 ¿~ - ...~/¿"?/ /g'¡;:¿, / City Attorney - Tim Truman CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR HONEY LANE FROM GLENVIEW DRIVE TO HARMONSON ROAD 1 ASSESSMENT LESS CREDITS $ 162.50 150.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 APPARENT CREDITS ASSESSMENT @$5.50/FR ASSESSMENT @$2.50/FR PROPERTY OWNER AND ADDITION FT FT FT FRONT 162.50 $ 65 et ux OF STREET Jr H. R. Copeland Lot 1, Block 1 Nortex Addition WEST SIDE 150.00 60 Aubrey L. Stamps Lot 2, Block 1 Nortex Addition 125.00 50 Inc Educators Industries Lot 3, Block 1 Nortex Addition 00 125 50 J. J. Sturch et ux Lot 4, Block 1 Nortex Addition 125.00 50 J. J. Reagan Lot 5, Block 1 Nortex Addition 125.00 50 Co Ins fe i L Central States Lot 6, Block 1 Nortex Addition 00 125 50 Inc es Educators Industri Lot 7, Block 1 Nortex Addition 125.00 50 Inc es Educators Industri Lot 8, Block 1 Nortex Addition 125.00 50 Nettie Rea Inman Lot 9, Block 1 Nortex Addition ASSESSMENT LESS CREDITS $ 125.00 125.00 125.00 125.00 150.00 175.00 175.00 175.00 1182.50 APPARENT CREDITS 2 CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR HONEY LANE FROM GLENVIEW DRIVE TO HARMONSON ROAD PROPERTY OWNER ASSESSMENT ASSESSMENT AND ADDITION FRONT FT. @$2.50/FR. FT @$5.50/FR. FT Helen A. Jack 50 $ 125.00 Lot 10, Block 1 Nortex Addition Ray Stevens Walker et ux 50 125.00 Lot 11, Block 1 Nortex Addition R. P. Estes 50 125.00 N. 501 Tr. 25, Blk 1 M. Lynch Survey - A-953 David Crockett Greggory et ux 50 125.00 South 50' of the N 100' Tr. 25 Blk. 1, M. Lynch Survey-A~953 Clark Layne Delmere et ux 60 150.00 N. 60' of S. 4851 Tr. 25 Blk 1 M. Lynch Survey A-953 Lila rv1ural Fort 70 175.00 N. 701 S. 4251, Tr. 25 Blk 1 M. Lynch Survey A-953 Jimmy Ray Parker 70 175.00 N. 701 S. 3551 Tr. 25, Slk 1 M. Lynch Survey A-953 Jimmy Ray Parker 70 175.00 N. 701 S. 2851 Tr. 25, Blk 1 M. Lynch Survey A-953 Phillip Bernstein et ux 215 $11'82.50 S 235' ir. 25, Blk 1 í"l Lynch Survey A-953 ASSESSMENT LESS CREDITS $ 258.00 180.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 APPARENT CREDITS 3 CITY OF NORTH RICH LAND HILLS ASSESSMENT ROLL FOR HONEY LANE FRm1 GLENVIEW DRIVE TO HARr~ONSON ROAD PROPERTY mJNER ASSESSMENT ASSESSMENT AND ADDITION FRONT FT. @$2.50/FR. FT @$5.50/FR FT EAST SIDE OF STREET Charlie B. Williams et ux 103.2 $ 258.00 N 103.2' Lot 2, Block 2 Nortex Addition Educators Industries, Inc. 72 180.00 S. 221 Lot 2 and Lot 3, Blk 2 Nortex Addition Educators Industries, Inc. 50 125.00 Lot 4, Block 2 Nortex Additi on John ~1. Deal 50 125.00 Lot 5, Block 2 Nortex Addition Dean Cunningham et ux 50 125.00 Lot 6, Block 2 Nortex Addition Edward H. Cunningham et ux 50 125.00 Lot 7, Block 2 Nortex Addition Educators Industries Inc 50 125.00 Lot 8, Block 2 Nortex Addition Etta Faye Anthony 50 125.00 Lot 9, Block 2 Nortex Addition Frank E. Smith et ux 50 125.00 Lot 10, Block 2 ~ortex Additi on ASSESSMENT LESS CREDITS $ 125.00 162.50 162.50 157.50 180.00 175.00 625.00 APPARENT CREDITS CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR ASSESSMENT ASSESSMENT FRONT FT. @$2. 50/FR. FT @$5.50/FR FT 50 $ 125.00 65 162.50 65 162.50 63 157.50 72 180.00 70 175.00 250 625.00 4 PROPERTY OWNER AND ADDITION Val H. Moore et ux Lot 11, Block 2 Nortex Addition Mary Epps Perkins Lot 24E, Block 1 M. Lyncy Survey - A-953 J. H. Smith, Jr. et ux Lot 24B1, Block 1 M. Lynch Survey - A-953 Jimmy Ray Parker Lots 24C & 24F, Block 1 M. Lynch Survey - A-953 Lester o. Lunsford et ux Lot 248, Block 1 M. Lynch Survey - A-953 G. H. Peterson Lot 240, Block 1 M. Lynch Survey - A-953 Albert C. Cote et ux Lot 24, Block 1 ~1 Lynch Survey A-953 OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR DRIVE FROM ASHMORE DRIVE BOOTH CALLOWAY ROAD CITY RA~JDLE TO 5 ASSESSMENT LESS CREDITS $ 450.00 APPARENT CREDITS ASSESSMENT @$5.50/FR ASSESSMENT @$2.50/FR PROPERTY OWNER AND ADDITION FT FT FRONT FT $ 450.00 180 A-1606 NORTH SIDE OF STREET Alvin O. Corbell Lot 10A4A W W Wallace Survey ASSESSMENT LESS CREDITS 96 $2814 APPARENT CREDITS 6 CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR LYNN TERRACE FROM ROGAN DRIVE TO LOOP 820 PROPERTY OWNER ASSESSMENT ASSESSMENT AND ADDITION FRONT FT. @$2.50/FR. FT @$5.50/FR FT EAST SIDE OF STREET Pilgrim Realty Company 511.81 $2814.96 Lot 11A4 W ì-J Wallace Survey A-1606 ASSESSMENT LESS CREDITS $ 754.22 428.73 577 . 50 550.00 951. 50 126.50 APPARENT CREDITS CITY OF NORTHRICHLAND HILLS ASSESSMENT ROLL FOR LINMA LANE FROM SCRUGGS DRIVE TO FLORY STREET ASSESSMENT ASSESSMENT FRONT FT. @$2.50/FR. FT @$5.50/FR. FT 137.13 $ 754.22 171. 49 $ 428.73 105 577 . 50 100 550.00 173 951.50 23 126.50 7 PROPERTY OWNER AND ADDITION SOUTH SIDE OF STREET Shamrock Oil Company Lot 3, Block 1 Parker Addition Mary G. Parker Lot 4, Block 1 Parker Addition Wi 11 Snow Estate Lot 4 A. G. Walker Survey - A-1630 Hi 11 Snow Lot 40 A. G. Walker Survey - A-1630 Lonnie R. Snow Lot 41 A. G. Walker Survey - A-1630 Robert Johnson Lot 4U A G Walker Survey - A-1630 ASSESSMENT LESS CREDITS $ 498.75 APPARENT CREDITS CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR DEVILLE DRIVE FRm1 CUt1~·lINGS DRIVE TO THE EAST ASSESSMENT ASSESSMENT FRONT FT. @$2. 50/FR. FT @$5.50/FR FT 199.50 $ 498.75 8 PROPERTY OWNER AND ADDITION NORTH SIDE OF STREET William Ray Whittle Lot A, Block 24 North Richland Hills Addn (Second Filing) ASSESSMENT LESS CREDITS $1167.93 1213.85 APPARENT CREDITS CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR COLORADO BOULEVARD FRO~1 STATE HIGHHAY 121 °TO HARHOOD ROAD ASSESSMENT ASSESSMENT FRONT FT @$2.50/FR FT @$5.50/FR. FT 212.35 $1167.93 220.70 1213.85 9 PROPERTY OWNER AND ADDITION WEST SIDE OF STREET Ed Ell is Harden Lot B, Block 11 Clearview Addition EAST SiDE OF STREET B. J. Reeves Lot A, 810ck 2 Clearview Addition ASSESSMENT LESS CREDITS $ 770.00 APPARENT CREDITS CITY OF NORTH RICHLAND HILLS ASSES$MENT ROLL FOR KEN MICHAEL COURT FROM STATE HIGHWAY 121 TO RIVIERA ASSESSMENT ASSESSMENT FRONT FT. @$2.50/FR FT @$5.50/FR. FT 140 $770.00 10 PROPERTY OWNER AND ADDITION WEST SIDE OF STREET American Petrofina Corp Lot 1, Block 1 North Edgely Addition ASSESSMENT LESS CREDITS $ 969.38 APPARENT CREDITS CITY OF NORTHRICHLAND HILLS ASSESSMENT ROLL FOR HOLIDAY LANE EAST FROM RIVIERA DRIVE TO LOOP 820 ASSESSMENT ASSESSMENT FRONT FT @$2.50/FR FT @$5.50/FR. FT 176.25 $ 969.38 11 PROPERTY OWNER AND ADDITION WEST SIDE OF STREET G. 1. Cummings Lot 4C, Block 27 North Richland Hills Add'n (Second Fil i ng)