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Home My WebLink AboutOrdinance 0299 · · · l . qš/{ /y-\ ~ 'Joi.2226 PAtf822 --..., !... , , ,', " f'" '''T L.:~ -- ;.1 Q .=-n j', ORDINANCE NO. 299 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A POR TION OF THE FOLLOWING STREETS: BLACKMAN AND STR UMMER , IN THE CITY OF NOR TH 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 INDEBT- EDNESS THEREB Y INCURRED: MAKING PROVISIONS FOR THE LEVY- ING 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 CERTIFICATES 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~~ERK OF TARRANT COUNTY, TEXAS: DECLARING THAT fIDs ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO AR TICLE 1l0Sb OF VERNON'S TEXAS CIVIL STATUTES: DIRECTING THE CITY SECRETAR Y 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, AND DECLARIID AN EMERGENCY. WHEREAS, the City Engineer for the City of North Richland Hills, Texas, has prepared plans and specifications (or the improvement of the hereinafter described portions of streets, avenues and public places in the City of North Richland Hills, Texas, and the 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 neces sity for the improvement of the hereinafter described portions of streets, avenues and public places in the City of North Richland Hills, Texas, to-wit: ~ r · · · ~- Z .. (/)~~ ~ ....:1 ~ . ~uQ ::r::~~ Q....:1~ zP:¡~ ~~~ ....:100 ::r::~....:1 U....:1....:1 ~....:1~ ::r::0...,... E-t¡:¡:;....... ¡:¡:;E-tE-i OZOo Z~ON ""P=1co ~,¿¡ ~ o (/) .. 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Cl. ~ ....:1 S "B cd 'n >u~ . ~ ~ 0 r¡:j :d ~ 'n rd ~'"t::J ~~'"t::J or-~ Q Õ UJ .µ~ ....:1 .; ~ ~ 0 H Q) '"t::J E-t .3 q UJ rd UJ ::J M b1JH..d .S E-t .~ ~ ~ ~ ~ ~ Q) ~ ~ I-) Q) r<) .~~ ....:1 S g rd ~ :>UP=1 1 VDi.2226 1JjŒIB25 ~ _._~ 1 VOL2226 PAtE 826 · II Each unit above described shall be and constitute a separate and independant 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 improvements 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 TEXAS BITULITHIC, INC. and having found to be the lowest and best bid for the construction of said improvements, the work of constructing said improvements and contract therebr is hereby awarded to TEXAS BITULITHIC, INC, 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 the City Secretary are hereby directed to execute the said contract in the name of the City of North Richland Hills, Texas, and to impres s 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 indebtednes s so incurred. · ~ ~ ,~' ~ · VII The cost of said improvements as here defined shall be paid for as follows, to-wit: (a) 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 Dollars and Fifty Cents ($2. SO) per front foot for the first five hundred (500) feet of property being used for residential purposes and pay Five Dollars and Fifty Cents ($S. SO) per front foot for all other property fronting on said street which in no way exceeds nine -tenths (9 /lOths) 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 owner s therof, and shall be payable as follows, to-wit: · When the improvements are completed and accepted by the City on a particular unit, the sums asses sed against property abutting upon such completed and accepted unit shall be and become payable in five (S) equal installments, due respectively on or before thirty (30) days, one (l), two (2), three (3), and four (4) years from the date of such completion and acceptance, and the as ses sments 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 such completion and acceptance of the improvements on the unit upon which the particular property abuts at the rate of six per cent (60/0) 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 i;:;nhanced 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 i VQi.2226 PACf 827 ~ .., tVOL2226 PAt£828 · 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 Dollars ($lO. 00) 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 FUR THER, 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 0 f the sums assessed against such property. VIII · The as ses sments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special assess- ments, 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 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 making of such improve- ments 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 re- gularly 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 princip.al and interest on the assessment, shall be a first and prior lien against the p~~rty, superior to all other liens and claims except State, County, School District and City advalorem taxes. No error or mistake in naming any owner or in describing any property or in any other matter or thing, shall invalidate any assessment or any cert~te issued in evidence thereof, and the ommis sion of improvements on ãrtýparticular unit or in front of any property exempt by law from the lien of special as ses sment · ~ . 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 ~.J4. . 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 l220a of Vernonl s Texas Civil Statutes and amendments thereto. XI . ø.. The improvements provided for herein shall be made and constructed, notic~ 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 l06 of the Acts of the First Called Session of the Fortieth Legisla- ture of the State of Texas, now shown as Article llOSb of Vernon's 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 engros s 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. XIII This Ordinance shall take effect and be in full force and effect from and étfter the date of its pas sage and it is so ordained. . l ~ \lOL2226 PAGE 829 .....II1II . . . L .' ... i 'JoL2226 PAGE830 , PASSED AND APPROVED THIS 23rd with the emergency clause added. 5 Councilmen voting for and Da y of , 1970 March o Councilmen voting against. MA~F.~~ ....:.c::A:5ç' ¡; JÚ ,'. /èr~Y EVALYN R. fRJSTON ¡ .....AP~ROVED AS TO FORM AND LEGALITY: l\ ~ ,,~ c't~ CM:ATTORN~1 ~ IC83~'d 9ZZZ!O~ 1 0'- 0'- N d30-----·--~-A 8 }{~318 À1NnOJ r,¡ '3 N\ (1 J ,'TO!:! ,. :J A,~ . ~ ~ Z ~ S ~ o Oh '01 WV 8 v o¡.~ S'/ì<.3J. Al.l~ìG~ .'.¡',i'ldt;.lJ, IJ 311;1 SVX31 'AlNnO:J IN\fHH\fl )III]':> AINno:> ~J(J;I/ OL61 8 ~dV '&W Æq UO&JalI padwe~s se 'sexal ',{lun0:J ¡ueJJel O SOMOJ3M lSOHl ~O 0330 a4~ ¡O a2ed puw awolO^ a4~ U! Q30MO:J3M Aop seM pue aw ¡\q uoaJa4 padwe¡s aw!¡ atj¡ ~e pue a¡ep '111 uo 0311;1 seM 1uawnJ¡su! S!4¡ ¡etj¡ A!lJiD ÁQaJal I { l.N\t'HH\t'l. ~O A1Nn03 S\iX31 ~O 31V1S .. ~ I ~ § ~ ~ ~ ~ :gl.(\~ þ-I O~ ~~B ~ ~~Þ<~ o 20 ~(:) ~ . ~~o~ H H -0 oop..r:r., r' '. to ~ -.0 I:'- · · ... · I ,. '7.;1"'00 o. H H ~o~~ . -<' oen Õ~'7.;It¡J:j ~><2:~ .. ~~~ 1-3~~~ S~~K en ~ Š ~ ~ --J 0"- I-' I-' ~ I C5 .. ~. STATE OF TEXAS } COUNTY OF TARRANT I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me and was duly RECORDED in the Volume 8nd Page of the DEED OF TRUST RECORDS of Tarrant County, Texas, as stamped hereon by me. APR 8 1910 //tJ.~ .1 COUNTY CLERK TARRANT COUNTY, TEXAS T /, .~ r'· ~., .,'" F!L2[1 C CH ~ITY o ::t f={ ~ Z o t¡J:j ð . TC</,S '70 "1"'\"' í' :' ' 8 AM 10 ~o v~/ C ' r;. t.. ~i" C~ (; ,/./ E f'.J COUNTY CLERK BY_~~_______OEP l\) ~ ~ , VOl 2226 PAGE831 J ." -, - -. - -, - - -,-,-, -.-.-. f~N1IO:L:LV~:J ~' ~~~\J\ :À.1,I'TV~3:'T aNY W'B:OiI 0.1, SV a3:AO}fddV···..·~'·.: . , . - t_ . ' ~. ......"'....... ," 'I ~~.d~¿}VW '+sure~-e ~UHOA uauqpuno::) o pu-e .IO} ~UHOA uauqpuno::) ~ ·pappa asnal~ Â::)Ua~'¡OOIa all':. ll':.1=-M- P'¡£Z SIH.1, a3:AO'B:ddV aNY a3:SSV d fOL6T ' ll~,¡a:w JO Á-ea OC91iWJ 9ZZZ10~' 0) ~ \.--.. . .. v-' , '\. ' . u . v DEC-3U:/l 1 4 2 1 1 :3 LS - \~D 1.5\ THE STATE OF TEXAS I COUNTY OF TARRANT I THE CITY OF NORTH RICHLAND HILIS RELEASE OF SPECIAL ASSESSMENT FOR improvement of BLACKMAN VOL 5166 PAGE 156 THIS Ib TO CERTIFY that by v:irtu8 of sendry proceedings of the City Council of the Cit,y of North Richland Hills, Texas, including an Ordinance passed on the 23rd day of__ Mªrçh , 19 70 , there was levied an assessment in the sum o~ TWO THOUSAND FIVE HUNDRED THIRTY EIGHT AND 69/100---~($ 2,538.69--------~ DOLLARS against property situated in said City with a total front feet of_ 461.58 and described as follows: Abstract 1606, Tract to the City of North recorded in the Deed Texas. 10F2, W. W. Wallace Survey Richland Hills, Texas, as Records of Tarrant County, .. which is against J. B. HUFF the true owner of said property. Said assessment has been paid to the City of North Richland Hills, Tarrant County, Texas, together with interest, if any, on the 28th day of December , 19 71 FOR AND IN CONSIDERATION of this payment, the City, of North Richland Hills, Tarrant County, Texas, does hereby release the special assessment lien shown by said instrument to exist upon the above described property against the owner, J. B. HUFF , his heirs and assigns forever. IN WITNESS WHEREOF, the undersigned have executed this instru- Jœnt this 28th day of December , 19 71 ( n r / ~J; VyY1~('--_ > (---;?«'~'",I./ City Secretary North Richland Hills, Texas SWORN TO AND SUBSCRIBED before me by the said Ci ty Secretary of the City of North Richland Hills, Texas, in their proper capacities, this 28tA day of December , 19 71 / ,~~ / -~ ~'), / '~¿~t1f~ i;:""';;±:::r ~~ty, Texas ',./ ' /' -.1' '. \-< \ 14,' '''' " '" '/ \, , VOl51íJo PðGE 15R THE STATE OF TEXAS I COUNTY OF TARRANT ~ DEC-3UD- 1 4 2 1 1 l¡ THE CITY OF NORTH RICHLAND HILlS LS - \~D 1.50 RElEASE OF SPECIAL ASSESSMENT FOR improvement of BLACKMAN THIS IS TO CERTIYI th¿:¡t by virtue of sundry proceedings of the City Council of the Ci~y of North Richland Hills, Texas, including an Ordinance passed on the 23rd day of March , 19 70 , there was levied an assessment in the sum of ONE THOUSAND FOUR HUNDRED FORTY NINE AND 80/100------($ 1,449.80--------~ DOLLARS against property situated in said City with a total front feet of___ 263.6 and described as follows: Abstract 1606, Tract to the City of North recorded in the Deed Texas. 10F, W. W. Wallace Survey Richland Hills, Texas, as Records of Tarrant County, which is against JOSEPH DRAPER SAYERS, JR. .. the true owner of said property. Said assessment has been paid to the City of North Richland Hills, Tarrant County, Texas, together with interest, if any, on the 28th .d3Y of December , 19_ 71 FOR AND IN CONSIDERATION of this payment, the City of North Richland Hills, Tarrant County, Texas, does hereby release the special assessment lien shown by said inst~~nt to exist upon the above described property against the owr.er, JOSEPH DRAPER SAYERS, JR. , his heirs and assigns forever. IN WITNESS WHEREOF, the undersigned have executed this instru- ment this 28th day of December , 19 71 C \ () I II \--- '~/ 9l'Y}U-\. ~ I-~ Clc 'A] -i ' Ci ty Secretary North Richland Hills, Texas SWORN TO AND SUBSCRIBED before me by the said çij,y Secretary of the City of North Richland Hills, Texas, in their proper capacities) this 28th day of December , 19''71 ,/) ! ~;j;d¿;(-//' 5~~ð~¿ / NÓ~~bliC In and for Tarrant Counly, Texas _._---~. .,_.__.._,~----------- - -..' .. ,. --~ - ~ -- ----..-.--.--..----- r""'" .. I- 2 V) lLJ -" ::E -' V) ........ V) :r: 0:: lLJ '"? V) 0 V) 2 c::( c::( V) -' 0:: ...J :r: lLJ c::( U >- ........ ........ c::( U 0:: V) lLJ 0... :r: 0:: V) I:i2 lLJ 0... LL. C> ~ C> 2 Z 0 lLJ c::( LL. V)::E C> :r: c::(::'¿ 0... lLJ U ::E >- lLJ -' c::( C> I-- .. V) lLJ -' 0:: ........ C> C> 0:: CO LL. U I-'"? ç ~ > \'1\ \ ...c\', ~ ~ \)V ~ t.." p-I'\ \j '. "j '\ - ,. \\';' ~;\ , r: \,\'<, ? , I ,~';'~' c,\...1- _'ù~' ,''..10' I\~ \ ~~~". C V r _ ,~ -~- ~, .' 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LL. .. ~ LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT: Before me, the undersigned authority on this day personally appearedE1eanor Lewisknown to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper That she is the Mid Cities Daily News of the _._, a newspaper which has been regularly and continuously published and of general circulation -in the City/Town of Hurst _, for a period of more than one year next preceding the first publ ~e.ation of the attached Legal Notice and that he caused said notice to be published in said newspaper on the following date/so 3/30/70 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid Cities Da i 1y News ~~~.~ Sworn to and subscribed before me, this the~day of~~ 1 1970 ì~ Public, Tarrant County, Texas - - ORDINANCE NO. 299 AN ORDINANCEDETERMIN_ ING THE NECESSITY FOR ðND ORDERING AND PROVIDING FOR THE IM- PROVEMENT OF A POR- TION OF THE FOLLOWING ijREETS: BLACKMAN AND ')'Ì'RUMMER, IN THE CITY OF NORTH RICHLAND HILLS, TEXAS: LETTING CONTRACT TO TEXAS BITU- LITHIC, INC.: FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS AND AU- 'THORIZING ITS EXECU- TION; MAKING APPROPRIA- ,TIONS FOR THE PURPOSE OF PAYING THE INDEBT- EDNESS THEREBY IN- CURRED; MAKING PROVI SIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THERE- FORE FOR A PART OF THE COST OF . SUCH IMPROVE- MENTS; PROVIDING FOR METHODS OF PAYMENT' PROVIDING FOR THE ISSU~ ANCE OF ASSIGNABLE CERTIFICATES IN EVID- ENCE OF SUCH ASSESS- MENTS; DIRECTING THE CITY ENGINEER TO PRE- PARE ESTIMATES OF COST; DIRECTING THE CITY SEC- RETARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TAR- RANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUB- SEQUENT PROCEEDINGS RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO ARTICLE l105b OF VER- NON'S TEXAS CIVIL STAT- UES: DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDI- NANr~3f¡';;.8~;edW~~fs\f 'l'UI<' ·661 Ç'19l 'saJnP!d 'II sdwVl 'll 0101 al!S SVO' 'II sassaJO S~!PVl 'Ot 01 9 al!S S3Hl01) Sl!l~ UOSJ8d OJ UOSJ8d ----------_.~.- 'aSUDI) ou 'If!" 00'1 $ au!/ OUO!f!P -PD '>Da 'IUO!Jalul 9 'OJ oo'U A,uo flO> pD aU!Il: Y 'pafda>.. aq !M IpO "eU!lnq.o D!"awwo> OU A13^,! 'ISOol ·UO!fD.!d.e e'ojeq pe!~ a'D IpD ua'lM UO!fD>!J!"DP "''11 U! apDw eq II'M Ipunje, oN 'pe>!,d aq Ilnw ,wafl '001$ U0'lf .a'lll!' pa>!,d aq .tow waf! alllu,1 oN 'Anq-of-pafuDM '0 apD'1 'alDI 'OJ IWal! '0 waf! uo 'aj 'jO flnw a>Ddl '!'f 'OJ pafda»D IPY C9i6·n~ liD) nalnns NOON l:l SUOU ,ue",Aotlea ,a!fl"o) nalnns NOON l:l NOl.1laJ A VaNOW nallJ 'W'd O£:þ NOlllaJ A VaNnS 'W'dor:" LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT: Before me, the undersigned authority on this day personally appearedE1eanor Lewisknown to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper Mid Cities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulation in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached LSIZa1 Notice and that he caused said notice to be published in said newspaper on the following date/so 2/26/70 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid Cities Daily ~ews ~~ 2nd Mar,. Sworn to and subscribed before me, this the_day of_, 1970 ~ -~ Public, Tarrant County, Texas ATTACH LEGAL COPY HERE ORDlNANC.ENO: 299 AN ORD/toIANCE DETERMINING THE NECESSlrt fOR AND ORDERING AND PROVIDING fOR THE IMPROVEMENT Of A P,ORTlON Of .THE fOLLOWING STREETS:BLAC(MAN AND STRUMMER, IN THE CITY Of NORTH RICHLAND HILLS, TEXAS: LmJNG CONTRACT TO TEXAS BITULlTHIC, INC.: fOR THE CON· STRUCTION Of SUCH IMPROVEMENTS ANt> AUTHORIZING ITS EXECUTION: MAKING APPROPRIATIONS fOR THE PURPoSE Of PAYING THE INDEBTED- NESS THEREBY INCURRED: MAKING 'ROVISIONS fOR THE LEVYING OF AS· SESSMENTS AGAINST ABUmNG PROPERTIES AND THE OWNERS THEREFORE fOR A PART Of THE COST Of SUCijIMPROVEMENTS: PROVIDING FOR METH· ODS O.f PAYMENT, PROVIDING fORTHE ISSUANCE Of ASSIGNABLE CERTIfi- CATES 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 PROCEEDlNG.S RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO ARTICLE 1105bOf VERNON'S TEXAS CIVIL STATUTES: DIRECTING THECITYSECWARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION Of SAME IN TItE MINUTE BOOK OF THE CITY COUNCIL AND BY fiLING THE COMPLETE ORDINANCE IN THE AP· PROPRIATE ORDINANCE RECORD Of THIS CITY: AND PROVIDING AN EfFEC· tlVE DATE. WHEREAS, the. City Engineer for the City of North Richland Hills, Texas, has prepared plans and specifications for the Impro'Vement of the hereinafter de· scribed portions of streets, ovenues pnd public places in the City of North Rich. land Hills, Texas, and the some having been. examined by the City Council of the City of North Richland Hills, Te"os, and found to be in all matters and things proper; NOW, THEREfORE, BE IT ORDAINED BY THE CITY COUNCIL OF T.HE CITY Of NORTH RICHLAND HILLS, TEXAS, THAT.: I T.llere exists a >ublicnecessity for the improvement of the hereinafter de· Kribedportions of streets, avenues ond public places in the City of North Rich - . land l:Iills;Texos,.tcì·wit:... ,- II, . Eac~ unit above deKlIl!ed shall be one! constitute a ..parote and independent .unitlof improvement and the a.....~nts herein provided for shall be made for the improv~ments in 80ch unit occordine to the cost of. the improvements in that unit and according to tho benefjtsàrlsing from the improvements in that unit, III T.he hereinobovedescribed pldns and specifications àre hereby approved and adopted. IV Each of the above .cIeKribed portions ofltreets, avenues and public places in the City of North Richland Hills, T.exos, shall be improved by raising, grading and filling sam. and by constructing thereon an asphaltic concrete surface to· gether with combined concrete curbs and gutters on proper grade ond line where same are not àlreody so constructed, together with storm sewers and drains and other necessory incidentals and oppurtenonces¡ all of said improve- ments to be constructed os ond where shown on the plans and in strict accord- ance with the plans and specifications therefor. V Bids having been advertised for as required by the Charter of the City of North Richland Hills, T.exos, and the bid of TEXASBITULlT.HIC, INC. and 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., a.nd for the >rices .stated in the Proposol of said companY and as reported and reCommended by the City's engineers, which said report and recommendation. is ôn file with the City, the City Manag· er and the Oty Secretary are hereby directed to execute the said contract in the name of the City òf North Richland Hills, T.exos"and to impress the corporate seal of the City thereon, the said contract embracing, among other things, the prices for the work. . VI T.o provide for the Payment of the indebtedness inèurred by the City of North Richland Hills, Texas, by said ".ntract,. there is!Jereby appropriated out of available funds and current revenues of the City, an amount sufficient to pOl' said indebtedness s.a Incurred. - VII !he cost of said Improvements os here dèfined shall be paid for as follows, to· Wit:' (a)1'he property abutting on that portion of the st"'t.tobe i~proved and the real and true owne.. thereof shall payfort.....improvements at the rate of T.wo .DoIlars and fifty Cent. ($2..50) p.er*':ónt foot.for the first five hundred (500) feet of property being u~ècIfor,re.~tlaI~und pay Five Dollar. and fifty ·Cents {$5~) pedr.orì~ foot faralt other propèrty fronting on s~jd strðet which in no woy exceech lIi.,..tenths (9·1Oths) of the estimated cost of the o :....."..^".....I..........te. 110, ftdditiðft tðI turbs and autters, 1,641.86. Robert Lee Butler, Lot 3, Block F, Richland Oáks Addition; FRONT FT" 89,24; ASSESSMENT at $5,50·Fr, Ft" 490,82; ASSESSMENT LESS CREDIT, 490,82, Ed L. Yates, Lot 4, Block F, Richland Oaks Addition; FRONT FT, 89,24; ASSESS MENT. at $5,50,Fr, Ft" 490,82; ASSESSMENT LESS CREDITS, 490,82, . Dean Jay Evans et ux Barbaro, Lot 1 Block E" Richland Oaks Addition; FRONT FT.., 123,4; ASSESSMENT at $2,50-Fr, Ft" 308,50; ASSESSMENT LESS CREDITS, 308.50, 'EAST. SIDE Charles D. Huggins et u. Juanda, Lot 1 R, Block 3, Richland Oaks Addition; fRONT. FT." 120.00; ASSESSMENT. at $2.50·Fr, Ft" 300,00; APPARENT CREDnS, 180,00; ASSESSMENT LESS CREDITS, 120,00, Lynn C, Barnes, Jr., et Ux Donna, Lot 2R, Block 3 Richland Oaks Addition; fRONT. fT" 120,00; ASSESSMENT. at $2,50-Fr, Ft" 300,00; APPARENT CREDnS, 180.00; ASSESSMENT. LESS CREDITS, 120,00, Reginald L. Fromm et Ux Lindo, Lot 3R, Block 3, Richland Oaks Addition; FRONT fT." 90.00; ASSESSMENT at $2,50-Fr, Ft" 225,00; APPARENT CREDnS, 135,oo! ASSESSMENT LESS CREDITS, 90,00, V, L, Jennings T.rust, Donald R. Campbell, T.rustee Lot 4R, Block 3 Richland Oaks Addition; FRONT FT." 90; ASSESSMENT. at $5,50,Fr, Ft., 495,00; APPARENT. CREDITS, 135,00; ASSESSMENT. LESS CREDITS, 360,00, Luther D. Parvin, Jr, et Ux Elizabeth, Lot 5R, Block 3, Richland Oaks Açldition; fRONT fT., SO; ASSESSMENT. at $2,50·Fr, Ft" 125,00; APPARENT CREDITS, 75.00; ASSESSMENT LESS CREDITS, 50,00, V. L. Jennings T.rust, Donald R, Campbell, T.rustee Lot 6R, Block 3 Richlond Oaks Addition; FRONT. fT., 65,2; ASSESSMENT at $5,50·Fr. Ft., 358,60; APPAR· ENT CREDIT.S, 97,80; ASSESSMENT LESS CREDITS, 260,00, V,l, Jennings T.rust, Donald R, Campbell,. Trustee, Lot 7R, Block 3, Richland Oaks Addition; FRONT. fT., 205,5; ASSESSMENT. at $5.50·Fr, Ft" 1,130,25; AP- PARENT. CREDITS, 308,25; ASSESSMENT LESS CREDITS, 822,00, When the imprQvements ore completed and accepted by the City on 0 particu' lor 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 ~our (4) years from the date of such completion and acceptancp, anti th.. "......ment, against the property abutting upon the remaining units shall be and become due and paYCtble in such installemnts after the dote of the completion and ac- ·ceptance of such respective unit, The entire amount assessed against the parti- cular parcels of property shall bear interest from the date of such completion and acceptance of the improvements on the unit upon which the particular pro- perty abuts at the rate of six per cent (6 per cent) 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 sholl have the right to pay any and all such installments at any time before the maturity by paying principal, with interest accrued to the date of payment, and further provided if defoult be made in the payment of !Jny installment promptly as the same ma· tures, then at the option of the City of North Richlond Hills or its assigns, the entire amount of the assessment upon which default is mode shall be and be- come inimediately due and payable; but it is specifically provided that no 0'- seument shall in any case be made against any property or any owner thereof in exceu 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, os 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 auessments against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of special as· seument which shall be executed in· th'e name of the City of North Richland Hills, PROVIDED, however, that the City of North Richland Hills retoins 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 Dollars ($10.00) 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, PROVID- ED FURT.HER, that such method of payments shall be authorized only in in- stances where the owner or owners of property abutting upon such completed and, accepted unit shall have executed and delivèred to the City of North Rich- land Hills, a lawful, valid and binding note and mechanic's and materialman's controct upon forms supplied by the City granting a mechanic's lien upon and conveyiJÞ9 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 T.he assessments against the. respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special assessments, which sholl 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 asseument is payable, which certificates shall , be issued to the City of North Richland Hills, .haTI 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 011 pro- ceeclinRs with reference to the makinQ of such improvements have been reQular- Ii' ~~d in compliance with law, an~ that p~erequisites to}he fixing .of the as·