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Home My WebLink AboutOrdinance 0341 , . jú í\ /f'V MAR· Z it ·71 27318 A - ~1L 554 PAGE 954 I~ 7.50 ÐQOK -ºE,QINANCE NO. 341 .AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVE- MENT OF A PORTION OF ROGAN DRIVE FROM BOOTH- C~. ,LOWAY ROAD TO ASHMORE DRIVE, IN THE CITY o .. ORTH RICHLAND HILLS, TEXAS; LETTING CON- T ACT TO TEXAS BITULITHIC, INC. and -- , FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHO- RIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PRO- PERTIES 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 ENGI- NEER 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 PRO- CEEDINGS 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 APPRO- PRIATE 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 portions of streets, avenues and public places in the City of North Richland Hills, Texas, to-wit: (See Attached Page) II. Each unit above described shall be and constitute a separate and independent unit of improvement and the assessments herein pro- vided for shall be made for the improvements in each unit according to the cost of the improvements in that unit and according to the bene- fits 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 im- proved by raising, grading and filling same and by constructing there- on 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 con- structed 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 BITU- LITHIC, INC. and 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 BOOK á54 PAGE 955 CITY OF NORTH RICHLAND HILLS ASSESSMENT ROLL FOR ROGAN DRIVE BOOTH-CALLOWAY ROAD ASHMORE DRIVE FROM TO Assessment Less Credits Apparent Credits Assessment @$4. 15jFr. Ft Assessment @$2. 50 jFr. Ft. PROPERTY OWNER AND ADDITION Ft Front Block A North Side of Street Harold Parrish, Lot 18, Lyrmcrest Addition 85 $235. 50 $133. $369.35 89.0 Block A Harold Parrish, Lot 17, Lynncrest Addition CP o o ~ 50 $238. $135.00 50 $373. 90.0 Block A Harold Parrish, Lot 16, Lynncrest Addition .~ ~ -0 - C":t rT1 CO CJ' ~ 50 $238. 00 $135. 50 $373. 90.0 Block A Harold Parrish, Lot 15, Lyrmcrest Addition 50 $238. 00 $135. 50 $373. 90.0 Block A /J. M. Brown, Lot 14, Lynncrest Addition -0- -0- 50 50 $373. $373. 50 50 $373. $373. 90.0 90.0 Block A /~. E. Whitbeck, Lot 13, . Lynncrest Addition 10 A1, Vol. 4849, South Side of Street ¡Florence J. Wright, Tract W. W. Wallace Sur. A1606, Page 864 50 043. -0- $1, 00 $316. 50 00 043. 316. $1, $ 4 4 417. 126. Block 8 Lot 8, /Dale V. Whitbeck Richland Heights 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 im- press the corporate seal of the City thereon, the said contract em- bracing, 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, be said contract, there is hereby appropriated out of available funds and current revenues of the City, an amount sufficient to pay said indebtedness Sb incurred. VIT. 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 DOLLARS AND FIFTY CENTS ($2.50) per front foot for the first five hundred (500) feet of property being used for residential purposes and pay FOUR DOLLARS AND FIFTEEN CENTS ($4.15) 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 sm 11 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: BOOK 554 PACE 957 BOOK 554 PAGE 958 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) 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 parti- cular parcels of property shall bear interest from the date of such com- pletion 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 be- come 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 en- hanced value thereof by means of said improvements in the unit upon which the particular property abuts, as ascertained at the hearing pro- vided 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 abut- ting 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 DOL- LARS ($10.00) each, the first of such installments to become due and payable not more than thirty (30) days after the completion and accep- tance 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 there- of of the sums assessed against such property. VIII. The assessments against the respective lots and parcels of property and the owners thereof shall 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 is payable, which certificates Ehall be issued to the City of North Richland Hills, shall recite the terms and time of payment, the amount of the assessment, the des- cription 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 re- ference 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 certifi- cates 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 there- of shall be required in any court, and the said certificates shall pro- vide substantially that 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 shall be and become immediately due and payable, to- gether with reasonable attorneys I 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 of or in describing any property ci in any other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof, and the omission of improvements on any parti- cular 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 con- tain recitals in exactly the words above provided for, but the sub- stance thereof shall suffice, and they may contain other and addi- tional 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. BOOK 554 PAGE 959 BOOK 554 P4GE 960 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 con- structed, notice given, hearing held and assessments levied and all proceedings taken and had in accordance with and under the term s 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 1005b 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 appropriate Ordinance Records of this City. XTII. 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 Sth day of February _' 1971, -1- Councilmen voting for and -º- Cou~cilmen voting against. ,<~,,\·cùtf~;'ï.;I~,__, ;. I r·~';'··~~·~~'~~¥T: 7 ({~~1/1~ . - I ~ì_.·~</ ~.. . MAYOR r >\ y,' P '.) l.e 1,.' ,.. /. '. . .. . -;-'/ .. ,;J ï,(:" CÌ APPROVED AS TO FORM AND LEGALITY: ~ V\^~ CITY ATTORNE't" - "¥J'110C o· I-fl-f ~p~~ ~&~g¡ ~><~f& .. ....::õ;:4 ~~~~ ~a~"< CJ) €a --..J ~ 0'\ ~ .... .... co :J: þ1 t"-I CJ) ~ f96 ~D'd Fg~ ÄOüg , (3 ~ ~ ~ /;¡l:j ~ . .. d '3 a---~--"---------- ^ 8 >0:131-8 ^lNno~ N3MO:::1 O'j}j" 8M Sh : 6 HV h Z HVW II. w f:; F)\~)~'3 L f~\1~'~f1Ç)J . ,q3~11:J ; ).. ",:..f'li tH3i ..l :., ":.L ~.... LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT: Before m,e, the undersigned authority on this day personally appearedEleanor 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 circulati6tl -in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the tt h d Legal Notice a ac e and that he caused said notice to be published in said newspaper on the following date/so 2/21/71 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid Cities Daily News C6~~~ d b ·b d bef h· h lstd fMar. Sworn to an su scn e ore me, t IS t e_ ay 0_, 197L ublic, Tarrant County, Texas . ATTACH LEGAL COpy HERE , ,'.. OBDINANeJaJfO.M1 '~r~ AN ORDINANCfr~.., rmø:f'" ING THE NECESS1TY· FOR' ,'ARE "A1Ø , AND ORDElUNG, AND SUANTTO ,,~ PROVIDING FOR THE IM- OF VERNON'S ' ,PROVEMENTOF ,A PQR·, STA~ TION OFROOAN DBJVS,·.;~t';t FROM OOOTH.cÀW>WA y ENGROSS' ROAD TO ASHMOREDRlVE, THIS OJiW' ~y. INTHE"CJ.'l'YQF,NQRTIÌ ING THE, " , ,'SAME I\t~" ¡qu.;s,TExAsi IN,~~;~OF IZM'INGCONTMCT' TO THE CITY C()t1NCJ¡L.tUiJ)BY TEXAS BITULITHIC, INC. 'FnJNG"·\ti~ .arad,FOR THE çoNS'.I'Ruc..ORDINANOE}~";"_M"-' TIO~ OF$~JNpJtO~ PIf.f>~~,;,' QE MENTS' AND .AUTHORrZING RECOftI)"PE),,: ' , ITS, EXECUTIONi MAKING AND" PROW .\PPltOPRtATlONS FOR THE FECTIVE DATE. ~øJi' P^YING $' IItØ>E~ "1.'HEfŒBY IN~,; . MAKING PftPYISlONS . FOR THE ~G OF ASSESSMENTS A9:AINST ABUTTING PROP- ERT11tS AND THE OWNERS TBEREFO~." FOR' ,A .PART OF THE, 'COST' OF SUCH IMPROVEMENTs; PROW lNG, ,FOR METHODS OF PAYMENT; PROVIDING , F:OR THE ISSUANCE OF AS- SIGNABLE" 'CERTInCATtS IN ,EVIDENCE OF SÙCH ASSESSMENTS; DIRECTING THE ,CITY . ENGINE1!:RTO PREPARE ESTIMATES OF COSTi DIRECTING THE CITY SECRETARY TO FM A NOTICE OF THE, AOOP- TION OF ms OfU)INANCE WITH THECOt1N'rY CLERK OF TA.R.RAm· COUN'l'Y, TEXAS; DECLARING THAT THIS ORDINANCE AND" ALL SUBSEQtmNT 'PROCEID 'Ibis 0rcUnaàœ; eff~ ànd be'~ ' èffect from 811d 'ofits~ dained; . ii' "'. ~\ ~ ,ft 'c":'; '¡.'......':;J....(.. ,..'....' PASSED, ' t\li$' 8tb W_ 7 Councl&neli ' ~env'" "i ~i ;' , ~"," ,,' "';~ A'tTEST:' . ';.;','~t:j<'~,:r;:,~::~~ --';,;- APPROVED AS';' '"'FORM AND' , ' ,....' LEGAL11'Ÿ: +Deœis: cm:~" . MC~.l ,~~".. ',' PubliSh 2-21..'Í1'" ,';,: " ',,', "p~,:(:! :-"i',,' ,·:~~t;·::':':.<~'::' 'J " , LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT: Before m~, the undersigned authority on this day personally appearecF.l A,crnnT' Lewis known 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 circulati6tl -in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Lega 1 Notice and that he caused said notice to be published in said newspaper on the following date/so 1/14/71 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid Cities Daily News Ct~~~~ Sworn to and subscribed before me, this the1s t day of~, 1971- Public, Tarrant County, Texas ATTACH LEGAL COPY HERE / ORDINANCE NO. 341 ~ ORDINANCE DETERMIN- ING THE NECESSITY FOR lAND ORDERING AND / PROVIDING FOR THE IM- , PROVEMENT OF A POR- TION OF ROGAN DRIVE FROM BO<YrH-CAILOWAY ROAD TO ASHMORE DRIVE, IN THE CITY OF NORTH RlCHLAND HILI.ß, 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 INDEBTEDN;ESS THEREBY INCURRED; MAKING PROVISIONS, FOR~, THE LEVYING' OF ASSESSMENTS AGAINST ABUTTING PROP- ERTIES AND THE OWNERS THEREFORE FORA PART OF THE COST OF SUCH IMPROVEMENTS; PROVID- ING FOR METHODS OF PAYMEN't; . PROVIDING FOR THE ISSUANCE OF AS- SIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEER TO PREPARE ESTIMATES OF COST; DmECTING' 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- tNGS RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PUR- SUANT TO ARTICLE llOSb OF 'VERNON'S TEXAS CIVIL STATUTES; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPY- ING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE AP- PROPRIATE ORDINANCE RECORD OF THIS CITY; AND PROVIDING ANEF- FECTIVE DATE. PUBLIC HEARING TO BE HELD FEBRUARY 8, 1971. MC Legal No. 6388. Publish 1-14-71 LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF T arran t:: Before m,e, the undersigned authority on this day personally appeared!;leanor Lewis known to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper' That she is the of the Mid Cities Daily News , a newspaper which has been regularly and continuously published and of general circulatidtl -in the City/Town of HuraAt , for a period of more than one year next preceding the first publication of the attached Leszal Notice and that he caused said notice to be published in said newspaper on the following date/so s/l2l/71 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid Cities Daily News ~~ Sworn to and subscribed before me, this the 1s !tiay of Apr':tl 19 2! ublic, T8I"rantCounty, Texas ' ATTACH LEGAL COpy HERE THIS ORDIl'iÄNCE BY COpy· ING THE CAJ'1'ION OF SAME AN ORDINANCE DErERMIN., IN, THE MtN:C1TE BOOK OF lNG" THE NECESSITY FOR THE CITY COtJNCIL AND BY AND' ORDERING AND FlUNG THB COMPLETE PROVII>ING FOR, TH1!: 1M- ORDINANCto',IN TijE" AP. PROVEMENT OF A POR. PROPRIATE:"': ORDINANCE TION OF, ROGAN DRIVE RECORD ,9'; THISCITY¡ FROM, IiOOTHoCALLOWAY AND PRO\ltJ)INGAN EF· ROAD TO ASHMORE DRIV¢" FECTIVE DÄ:~. IN THE' CITY OF, NORTH ',,'. .' , RICHLAND 'HtLLS,' TEXAS; '~" P~SSED AND APPROVED LETTING ' CONTRACT,' TO thiS 8th day of. Febro&ry" 1971, THE TEXASBITüLITØIC .7 Councilmen' voting fot and 0 INC., FOR THECONSTRUC: 'Councilmenvotil'lg against TION OF SUCH IMPROVE· MENTS AND AuTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE · , INDEBTEDNESS, THEREBY ~.Eva1yn R, ¡Jiúston INCURRED; MAKING CITY SECR)!;t~RY, , PROVISIONS, FOR THE LEVYING'OF ASSESSMENTS APPROVED:'¡STO FORM AGAINST ABUTTING' PROP· AND LEGALI'1Y: , ERTIES AND THE OWNERS THEREFORE FOR APART ·s·Dennis Morrow OF THE ,COST OF' SUCH CITY AT'rORNEY' IMPROVEMENTS; PRoVID- ING FOR METHODS OF MC Legal6470 PAYMENT; '" PROVIDING Run 3-21-71 ' FOR THE ISSVANcEOF, AS- -' SIGNABLE CERTIFICATES IN .EVIDENCEOF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEER TO PREPARE ESTIMATES OF COST; DIRECTING THE CITY SÈCRETARY TO FILE A NOTICE OF THE ADOP· TION OF THIS ORDINANCE WITH 'l'HEcOUNTY CLERK OF TARRANTOOUNTY, : 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; 'DIREÇTING THE CITY ,SECRETARY TO ENGROSS AND ENROLL ORDINANCE NO. 341 , ATTEST: ~s-Mariol1 L, Massey MAYOR