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ORDINANCE NO. 447
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AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF THE
FOLLOWING STREETS: BEDFORD-EULESS ROAD FROM STATE HIGHWAY
121 EAST TO NEt~ STATE HIGHWAY 121 FREEWAY IN THE CITY OF
NORTH RICHLAND HILLS, TEXAS; LETTING CONTRACT TO ASHLAND
OIL COMPANY, 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.
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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 portions of streets, avenues and public places in the City of North
Richland,Hills, Texas, to-wit:
(See attached charts)
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Assessment
Less Credits
;
$2,970.33
$ 300.00
$ 250.00
$ 284.75
$ 275.00
$ 312.50
$ 312.50
$ 312.50
$ 312.50
$ 300.00
Apparent
Credi ts
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CITY OF NORTH RICHlAND HILLS
ASSESSMENT ROLL FOR
BEDFORD-EULESS ROAD
FRor~ : STATE HIGHWAY 121 EAST
TO NEW STATE HIGHWAY 121 FREEWAY
Assessment Assessment
Front Ft @$2.50/Fr.Ft @$5.50/Fr.Ft
540.06 $2,970.33
120".00 $ 300.00
100.0 $ 250.00
113.9 $ 284.75
110.0 $ 275.00
125.0 $ 312.50
125.0 $ 312.50
125.0 $ 312.50
125.0 $ 312.50
120.0 $ 300.00
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PROPERTY OWNER
AND ADDITION
North Side of Street
Safeway Stores, Inc., Attn
H. R.Holman, Tract 138,
H. W. vIa 11 ace Survey, Abs t :1606
Kenneth L. Boothe, Lot 6,
Block 9, Richaven Addition
Kenny Reeves, Lot 5, Block 4,
Richaven Addition
Charles D. Crum, Lot 6,
Block 4, Richaven Addition
William L. Estes, Lot 1,
Block 4, Richaven Addition
H. E. Cory, Lot 12, Block 3,
Richaven Addition
Robert E. Lee, Lot 1R,
Block 3, Richaven Addition
M. O. Dinehart, Lot 21,
Block 2, Richaven Addition
Ray Jones, Lot 1R, Block 2,
Richaven Addition
Jimmy Lester Wolverton, Lot lR
Block 1 Richaven Addition
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Assessment
Less Credits
$ 312.50
$ 337.50
$ 337.50
$ 346.25
$ 350.00
$ 322.00
$ 368.75
$ 337.50
$2,218.48
Apparent
Credi ts
$ 725.40
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CITY OF NORTH RICHLAND HILLS
ASSESSMENT ROLL FOR
BEDFORO-EULESS ROAD
FRm~: STATE HIGmJAY 121 EAST
TO NEW STATE HIGHWAY 121 FREEWAY
Assessment Assessment
Front Ft @$.2\50/Fr.Ft @$5.50/Fr,.Ft.
125.0 $ 312.50
135.0 $ 337.50
135.0 $ 337.50
138.5 $ 346.25
140.0 $ 350.00
128.8 $ 322.00
147.5 $ 368.75
425.16 $1.062.90
403.36 $2.218.48
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PROPERTY miNER
AND ADDITION
William Thomas Garder, Lot 5,
Block M, Richland Oaks Addition
O. P. Matthews, Lot 5, Block L,
Richland Oaks Addition
N. G. Batchelor, Lot 4,
Block L, Richland Oaks 'Addition
.
Billy Ray Johnson, Lot 32,
Block G, Richland Oaks Addition
Dawson H. Davis, Lot 1, Block G
Richland Oaks Addition
Harold J. Roth, Lot 31, Block 0,
Richland Oaks Addition
T. W. Toler, Lot 1, Block D,
Richland Oaks Addition
J. B. Woodard, Lot lA,
Richland Oaks Addition
South Side of Street
Donald O. Albers, Tract 9P
W. W. Wallace Survey, Abst 1606
Vol 5149 Page 967
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Assessment
Less Credi ts
,
$1,743.50
$1,017.50
!
$ 212.50
I
I
$ 250.00
$ 462.50
-0-
$ 437.50
$1,149.83
Apparent
Credi ts
$3.619.00
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CITY OF NORTH RICHLANO HILLS
ASSESSMENT ROLL FOR
BEDFORD-EULESS ROAD
FRON: STATE HIGHWAY 121 EAST
TO NEW STATE HIGHWAY 121 FREEWAY
Assessment Assessment
Front Ft @$.2 ~ 50/Fr. Ft @$5.50/Fr.Ft
317.0 $1,743.50
185.0 $1,017.50
85.0 $ 212.50
100.0 $ 250.00
185.0 $ 462.50
658.0 $3,619.00
175.0 $ 437.50
209.06 $1.149.83
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PROPERTY OWNER
AND ADDITION
Sam F. Henry, Tract IDE,
\1. v!. Ha 11 ace Survey, Abs t 1606
Vol. 2947, Page 158
N. H. Theodore, Tract 10C,
vJ. \~. Wa 11 ace Survey, Abs t 1606
Vol. 5052, Page 167
First Church of Christ Scientist
of Richland Hills, Tract 1081,
H. H. Hallace Survey, Abst. 1606
Vol. 3841, Page 172
Roy A. Gifford, Tract lOB, ,
W. W. Wallace Survey, Abst. 1606
Vol. 3229, Page 598
Robert V. Parker, Tract 100,
W. W. Wallace Survey, Abst. 1606
Vol. 1916, Page 368
E. R. Anderson, Tract llA, .
W. W. Wallace Survey, Abst. 1606
Vol. 1146, Page 585
Tarrant County, Tract 11A1,
W. W. Wallace Survey Abst. 1606
Vol. 4146, Page 411
Prudential Insurance Tract llG,
W. W. Wallace Survey Abst 1606,
Vol 5077 Page 489
Assessment
Less Cred; ts
-0-
-0-
Apparent
Cred; ts
$5,131. 50
$ 869.00
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CITY OF NORTH RICHLAND HILLS
ASSESSMENT ROLL FOR
BEDFORD-EULESS ROAD
FROM: STATE HIGHHAY 121 EAST
TO NEW STATE HIGHWAY 121 FREEWAY
Assessment Assessment
Front Ft @$2150/Fr.Ft @$5.50/Fr.Ft
933.0 $5,131. 50
158.0 $ 869.00
PROPERTY Ol'INER
AND ADDITION
Herman J. Smith, Tract 11,
W. W. Wallace Survey, Abst. 1606
Vol. 4569, Page 907
Herman J. Smith, Tract 3A
E. S. Carder Survey Abst 308,
Vol 4569 Page 907
II.
Each unit above described shall be and constitute a separate and
independent unit of improvement 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 therefor.
V.
Bids having been advertised for as required by the Charter of the
City of North Richland Hills, Texas, and the bid of ASHLAND OIL COMPANY 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 ASHLAND OIL COMPANY 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 execute 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 Bedford-Euless Road 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/l0th)
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
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 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 install-
ment 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 enhanced value thereof by means of said improvements in the unit upon
which the particular property abuts, as ascertained at the hearing provided
by the 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 executed 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/lOO ($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 materialman1s 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.
VII I.
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 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 ;s 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 making 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 personal liability of the owners thereof, have been regularly had, done
and performed, 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 said 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 and 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 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 Vernon5 Texas
Civil Statutes, which law has been adopted as an amendment to and made a part
of the Charter of the City of North Richland Hills, Texas, 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 filing the complete Ordinance in the appropriate Ordinance Records of
thi s Ci ty .
XIII.
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 12th day of
February
, 1973.
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CITY OF NORTH RICHLAND HILLS, TEXAS t7
ATTEST:
rAOMN J ÚM>j!¡
CITY SECRETARY DONNÆ PAIRSH
CITY OF NORTH RICHLAND HILLS, TEXAS
APPROVED AS TO FORM AND LEGALITY:
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CITY OF NORTH RICHLAND HILLS, TEXAS
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