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HomeMy WebLinkAboutOrdinance 0305 ~' . . . l. .·W ~ ., l" nT ~- -- U¡ f ,;0 ,-, . ,j o ..) ORDINANCE NO. 305 AN ORDINANCE DETERMINlliG THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVE- MENT OF THE FOLLOVJING STREETS OF HOLIDAY LANE AND BOGART DRIVE FROM A POINT APPROXI- MATELY 535 FEET NORTH OF GREEN MEADOW DRIVE TO BOGART DRIVE AND FROM HOLIDAY LANE TO A POlliT APPROXllv1ATELY 120 FEET WEST OF DEAVER DRIVE, RESPECTIVELY, lli THE CITY QF NORTH RICHLAND HILLS, TEXAS; LETTlliG CONTRACT TO TEXAS BITULITHIC, lliC. FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKlliG APPRO- PRIA TIONS FOR THE PURPOSE OF PAYING THE IN- DEBTEDNESS THEREBY INCURRED; MAKlliG PRO- VISIONS FOR THE LEVYlliG OF ASSESSMENTS AGAINST ABUTTlliG PROPERTIES AND THE OWNERS THERE- FORE FOR A PART OF THE COST OF SUCH llv1PROVE- MENTS; PROVIDING FOR METHODS OF PAYMENT; PROVIDlliG FOR THE ISSUANCE OF ASSIGNABLE CER- TIFICATES lli EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEER TO PREPARE ESTI- MATES OF COST; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDI- NANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS: DECLARlliG THAT THIS ORDlliANCE 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 E:NROLL THIS ORDINANCE BY COPYlliG THE CAPTION OF SAME lli THE MlliUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDlliANCE RECORDS OF THIS CITY; AND PROVIDlliG AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. WHEREAS, the City Engineer for the City of North Richland Hills, Texas, has prepared plans and specification~ for 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 exa- mined by the City C01IDCil of the City of North Richland Hills, Texas, and found to be in all matters and things proper; NOW, THEREFORE, t VOL2226 PAGE 891 , / ..---- .~ 1 vOl.2226 PAG£892 . 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 here- inafter described portions of streets, avenues and public places in the City of North Richland Hills, Texas, to-wit: (See attached chart) 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 asphal- tic 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 appur- tenances; all of said improvements to be constructed as and where sho'WIl on the plans and in strict accordance with the plans and specifications therefor. 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Q,...-;C\J Q,...-;C\J ~Q rit-- riil1ch riil1ch ~~ OLD o ...00 o ...00 ..µLD "µCV";JCV";J ~OOCV";J ruCV";J rurl OQ u u . url ~i :::J..µ,...-; :::J ..µ .-'; ~~ "DOO "DOO ~ VOL2226 PAGf 895 ~Þ Il1HÞ Il1HÞ ~ ~ ---- .... I 'JoL2226 PAGf800 · having found to be the lowest and best bid for the construction of said improvements, the work of constructing said improvements and con- tract therefor is hereby awarded to TEXAS BITULITHIC, INC. , and at and for the prices stated in the Proposal of said companies and as reported and recommended by the City1s 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) 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 (9/10ths) 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: l ~ "'" . . When the improvements are completed and accepted by the City on a particular unit, the sums assessed against property abut- ting upon such completed and accepted unit shall be and become pay- able in five (5) equal installments, due respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4) year s 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 inter- est from the date of such completion and acceptance of the improve- ments on the unit upon which the particular property abuts at the rate of six per cent (6%) per armum, payable annually except as to inter- est 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 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 asses- sments be made in any case until after notice and hearing as pro- vided by law. Said assessments against the respective lots and parcels of property and owners thereof shall be evidenced by certi- ficates 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 ($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, 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 I s lien upon and conveying the said abutting property in trust to secure the . ¡ VQL2226 PAGE 891 ~ ~ (VOL2226 PAGf898 · payment of 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 ovmers thereof shall be evidence 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 install- ments, 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 improvements have been regularly had in com- pliance with law, and that prerequisites to the fixing of the assess- ment 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 sub- stantially 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 assess- ment shall be and become immediately due and payable, together with reasonable attorneys r 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 advalorem taxes. No error or mistake in naming any ovmer or in describing any property or in 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 cer- tificates 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 Vernon1s Texas Civil Statutes and amendments thereto. XI. · The improvements provided for herein shall be made and con- structed, 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, 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 appro- priate 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 is so ordained. · l vOi.2226 p^Gf899 ~ ~ r ~.. ':... ~ . ',~ :;~f . {" ....- "-, '-, , . . ~ ~ vOi,2226 PAGf900 PASSED AND APPROVED this. 23rd day of March , 1970. 5 Councilmen voting for and 0 Councilmen voting against, with the emergency clause added. , , "..J . J '~, I ¡ I . '" . "...... "'~.'~ / ~ (?~ ~~r...-J MAYOR . . ATTEST: , ~", . ,~ " 't ! , ! ¡ ~. APPROVED AS TO FORM AND LEGALITY: Çl~,\\.~ City Attorney ~ JOB 3~Vd gzZZ'lQA ~ SVX3l ·A.l.Nnro INVlfIJVI ~::¡i;¡// OL61 8 ~dV' ·tw ,(q uoaJa4 padwe¡s se 'SBxal 'Á¡uno:) IUWel I/J S(JH033/1 lsmll :10 033(1 a41 10 a¡¡Bd PUQ 3Wn O^ a41 UI 03(]~03?( ,(Inp seM pue aw Áq UOaJ34 padwelS aW!1 alH ¡e pUB a¡ep lilt UO G311:i SlIM UaumJ SU! S!4¡ ¡B4 Á¡! Ja~ ÁqaJa4 I { INV'è:lè:lVl ~O AINnO:J S'vX3J. .:10 31 V 1S "" o ("1\ d ~----_._-------- Å g >H::I318 ^lNnO~ N'3 Nd) J .,en ~L ~)f¡\ . ~ µ::¡ o Z ~ ~ ~ o 1 h : 01 WV B MdV OL. 3V X::!l 'A1N (ì 0:) .un' <l(; Y.L Q311:J , . ..., Í'", .. ~ ~ ~ ~ ~ H ::r: ~ z ~ ð U) b1""s >-t 0&3 ~~~8 F-:ì Ø:: r-I "' ~g f5 ~~~~ . ~~o~ H H .0 ooø.,p.., 'áJ r-I r-I '-0 l:'- LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT: Before me, the undersigned authority on this day personally appearectEleanor Lewiêknown 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 circulatidh in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal Notice and that he caused said notice to be published in said newspaper on the following date/so 3/6/70 That the attached is a true and correct copy of said notice as pub- lishedonsaiddate/sinsaid Nid Cities Daily News I!A~ r.d~- Sworn to and subscribed before me, this thE1~day of~~ 1 1970 ±~ ry Public/arrant County, Texas ORDINANCE NO. 305 AN ORDINANCE DETERMIN. ING TIlE NECESSITY FOR AND ORDERING AND PROVIDING FOR TIlE 1M. PROVEMENT OF THE FOL- LOWING STREETS OF HOLl· DAY LANE AND BOGART DRIVE FROM A· P01NT APPROXIMATELY 535 FEET NORTH OF I GREEN 'MEAD- OW""ÐmVE'¡1f(} ~BOCMBT DRIVE AND FROM HOLIDAY LANE TO A POINT ·APPROX- IMATEL Y 120 FEET WEST OF DEAVER DRIVE, RFß- PECTIVELY, IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; LETTING I CONTRACT TO TEXAS BITU-, LITHIC, INè. . .- 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 PROP- ERTIES AND THE OWNERS THEREFORE FOR A PART OF TIlE cOST· OF SUCH IMPROVEMENTS; PROVID- ING FOR METHODS OF PAYMENT; PROVIDING FOR THE ISSUANCE OF AS- SIGNABLE 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 ADOp· TION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS: DECLARING THAT THIS ORDINANCE AND ALL . SUBSEQUENT PROCEED- INGS RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PUR· SUANT TO ARTICLE ll05b OF VERNON'S TEXAS CIVIL STATUTES, DIRECTING THE CITY SECRETARy TO EN· GROSS AND ENROLJ., THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL J\NÐBY FIL- . ING THE COMPLETE ORDI- NANCE IN .THE ,u:»PROPRI- ATE ORDINANCE RECORDS OF TfUS CITY; AND PROVIDING AN EFFECTIVE DATE. LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF T A RRA NT : Before me, the undersigned authority on this day p(;:rsonally appearecfRl eRnor Lewi Rknown to me to t.(C a credlbk, P,'-u¡on.'Nho first being sworn, deposed and upon her c~~L :::airJ: Bookkeeper Mid Cities Daily News That she is the of the____"_~~~,.. a newspaper which has been regularly and continuously published and of general circulatidh. -in the City/Town of Hurst _, for a period of marc than one year next preceding the first publ Í('::JXion ,)f Hie attached Legal Notice and that he caused said potke 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- Hshed on said date/s in said Mid Cities Daily News ~~- Sworn to and subscribed before me, this the23~day of~~ 1 1970 .t~~ Public, Tarrant County, Texas ORDINANCE NO. 304 AN ORDINANCE APPROV- ING AND ADOPTING ESTI· MATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON A PORTION OF HARWOOD ROAD FROM IDGHW A Y 121 TO EAST CITY LIMITS IN THE CITY OF NORTH RICH. LAND HILLS, TEXAS; FIX~ ING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER INTER· ESTED PARTIES; DIRECT- ING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING; AND DffiECTING THE CITY SECRETARY TO ENGROSS AND ENROIJ.. THIS ORDINANCE BY COpy- ING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY OF NORTH RICH- LAND IDLLS CITY COUNCIL AND BY FILING THE COM- PLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY PROVIDING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. This Ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so or- dained. PASSED AND APPROVED TillS 23rd day of March, 1970, with the emergency clause added. 5 Councilmen voting for and 0 Councilmen voting against. Calvin F. Luper MAYOR A'M'EST: Evalyn R. Huston CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Dennis Morrow CITY ATTORNEY MC Legal No. 6113 Publish 3-30-70