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HomeMy WebLinkAboutOrdinance 0170 '\.;...: ORDINANCE NO. !ZQ AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON A PORTION OF THE CONSTRUCTION OF SERVICE ROADS ON THE NORTH AND SOUTH SIDE OF INTERSTATE LOOP 820, BETWEEN RBFE SNOW DRIVE AND HOLIDAY LANE IN THE CITY OF NORTH RICHLAND HILLS, TEXASr FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER mNTERESTED PARTIESr ðIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARINGr DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, CITY COUNCIL, AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITYr PROVIDING AN EFFECTIVE DATEr WHEREAS, ~he City Council of the C.ity of North Richland Hills, Texas, has heretofore ordered that service roads be constructed on the North and South side of Interstaee Loop 820, between Rufe Snow Drive and Holiday Lane, together with the combined concrete curbs and gutters on proper grade and 1.1ne wheEe same are not already so constructed, together with storm sewers, drains and other necessary incidentals and appurëBBancesr all of sa.id improvements to be constructed as and where shown on the plans and in strict accordánce with the plans and specifications as promulgated by the Texas Highway Department for said service readsr and officials having been directed to enter into a anntract with the Texas Highway Department, for the completion thereofr and, WHEREAS, the City Council of the C.ity of North Richland Hills, Texas, has caused an est.imate of cost of such improve- ments and estimates of the amounts per front foot proposed to be assessed against abutt.ing property and the owners thereof, such estimates have been examined, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: I. The estimates for the construction of the heretofore described service roads as have been prepared by the Texas Highway Department, are hereby adopted and approved. II. It .is hereby found and determined that the cost of improvements on each port.ion of the service roads here.inafter -1- described, with the amount and amounts per front foot pro- posed to be assessed for such improvements against abutting property, and the owners thereof, are as follows, to wit: The portion of fhe cost to be paid for by the Ci!:.y of North Richland Hills is $24,000.00, a fractional portion of the'~.total cost of construction which will be at least $112,600.00, the est.imated amount per front ~oot to be assessed against abutting property and the wwners thereof is $5.00. III. A hearing be given and held by and before the C.ity Council of the C.ity of North Richland Hills, Texas, to all owning or claiming any property abutt.ing upon said port.ion of streets, avenues and public places, as well as to all owning or claiming any interest in any such property. Such hearing shall be given and held on the -1i- day of , August , 1967, at &:30 o'clock, P.M., in the Council Chamber in the City Hall in the CityOfNorth Richland Hills, Texas, and the C.ity Secretary .is hereby directed to give notice of the t.ime and place of such hearing and of other matters and facts .in accordance with the terms and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, and known as Chapter 106 of the Acts of sa.id Sess.ion, now being shown as Article 1l05b of Vernon's Texas Civ.il Statutes. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of North R.ichland Hills, Texas, the first publicat~on to be made at least ten days before the date of said hear.ing. Sa.id notice shall comply w.ith and be in accordance with the terms and provisions of said Act. The City Secretary is further directed to give personal notice of the t.ime and place of such hearing to all owning or claim- ing any property abutting on said portions of streets, avenues, and public places, as well as to all owning or cla.iming any interest in any such property. Such personal notice shall be given by the City Secretary mailing said notice, postage pre-pa.id, to the respect.ive owners of record of the properties to:be assessed, and to any person owning or claiming any interest in sa.id properties, to bhe last known address of sa.id owner or persons. It shall not be necessary for the City Secretary to mail sa.id notice to any owner or other person claiming an interest in the property to be assessed when the address of such owner or other person .is unknown to the City Secretary and cannot be determined by the City Secretary after reasonable investigation. In this connection, the C.ity Secretary shall prepare and file w.ith these proceedings a list of the properties to be assessed, the names of those persons owning or claiming any interest in said properties to whom the notice was mailed, together with the last known -2- address of the respect.ive owners and those persons owning or claiming any .interest in said property. The City Secretary shall cert.ify that each of the parties named in said list whose address was known was ma.ilëd a cop~ of the notice of hear.ing and shall further certify the date of dates on which said not.ice was mailed. A copy of the notice shall be attached to such cert.ificates. The cert.ificate of the City Secretary shall be conclusive evidence of the facts there.in rec.ited. Failure of the C.ity Secretary to give notice of hear.ing by mail as herein provided for, or fa.ilure to the owners of other persons .interested to receive said not.ice, shallJin nowise inval.idate said hearing or any assessments levied pursuant to said hear.ing, but notice of hearing shall be sufficient, valid and binding upon all owning or claiming such abutting property or any interest wherein when same shall have been given by newspaper advertisement as first herein- above prov.ided.· IV. The City Secretary is hereby directed to eng~oss and enroll this ord.inance by copying the caption of same in the Minute Book of the City Council and by filing the complete ordinance in the appropr.iate Ord.inance Records of th.is City. V. This ordinance shall take effect and be in full force and effect feom and after the date of its passage and it is so ordained. PASSED AND APPROVED THIS 24 DAY OF J~y ,1967, APPROVED AS TO FORM AND LEGALITY )¡V(Á~ .¡~ tl~y ATTORNEY ~ ~ MAYOR - Calvin F~ ~ -3- '-----' --../ ~ LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT: Before me, the undersigned authority on this day personally appear:ed E] AAno,.. LA1diBnown to me to be a credible person, who first being sworn, deposed and upon her oath said: Bookkeeper Mid-Citie.aDaily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulatid111n the City/Town of Hurs t , 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 7/31/67 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid-C i ties DR 11 Y NA1dA {h~c/~ Sworn to and subscribed before me, this the..J..aJday O~Ap+:, 196 7 .- County, ATTACH LEGAL COpy HERE \ ,: > ':. . ~ .-'. ¥".' ~·';--;;·.'J\·i) .;."".-::.,-r ~ë- I '-,,' -ß,,-.(_·_;,'}:/i~\<¡'-;~ '<;"'-P" ~______-:'__'T-'jU_~__ ---~ ORDINANCE NO. 170 AN ORDINAN~.¡>PROV- ING AND ÄDOPrING ESTI- MATES OF TltE COST OF IMPROVEfdENTS AND OF AMOUNTS TO BE ASSESS- .ED FOR IMPROVEMENTS ON A PORnON OF THE CONSTRUCTION OF SERVo ICEtROADS ON Ta}ï;NQRTH . AND' SOUTH $fÞ}ï; OF IN· OF INTERSTATE I..OOP 820, ..~ RUß" SNOW DRlVE ~D HOLIDAY LANJ!ì IN THmC1TY' OF NORTH RICHLANDHItLS,. .' TEXAS; P'IXJNG./I'1ME..~ND PLACE FOR.. HEARING' TO THE OWNJ!:~ .·()F ABUTTING PROPERTY . AND TO ALL OTHER INTEREWl'ED PAR· TIE$;' DIRECTING THE CITY SECRETARY TO GIVE NO'I'ICEOF SUCH HEAR· ING;DIRECTING THE CITY,' SECI\tl'~Y TO E1(GROSS ANDiENROLL'1'HIS..ORDIN- ~BY.... .COPYIl'i(ì . THE CAP'ì'lON, OF THE$.UtIE IN :rHEMINUTE . B()()I(S OF mE crrvOF NORTH RICH· LAND HILLS, TEXAS, CITY COUNCIL, AND BY FILING THE COMPLETE ORDI- NANCE IN THE APfJRORRI· ATE ORDINANCE RECORDS OF THIS CITY; PROVIDING AN EFFECTIVE DATE; WHEREAS, the' City Coun- en q.f thè City' tif Nòttb· Rich- land Hills, Texäs, bas hereto- fore 0 r de red tbat service roads be construcledon the Nòrthand.South si4e ()f lDter- state LoOp 820, between Rule Snow Drive and Holiday Lane, . together with the combined concrete ¢orbs andgíJtte4's' on proper grade and line where 8ärne are not already so con· struóted, . togeth~ with storm séwers,drains and other ne- cessary. incidentals and ap- puntenances; aU of said in- provements to be constructed as and, wheresbown on' the plans and in strict accordance witb the plans and specifica- tions as promulgated by the Teas Highway DepartmetR for said service roads; and of- ficials having been directed to enter into a contract with the Texas Highway Department, for thecompletiontbereof; and, WIIE$~AS, . the City .~ cn of the' City of North· Rich- fand ,Hills, Texas, lias caused 'd< :~:~~~<>:~:~:f~:_,'j";'~"Ô~.'ß::~tA1~L':;,,}þ '''.~' ,,'_-' <" ¿i . Le.gal Notice :,-/ .-..../ therein recited. 'aIlare.of ~ CIty ~1 to ¡1ft notice· of bearùIf by maD as bereIn., provided for, or IaUure to ... 0WDeI'Ì or other per80DI .... eøtecI " to . reeeIve said' ~1 ibaI m nowise .lIWa1Idate _ bearJDg or _ _UJDeDtI levied punIUIDt to..... ..... lng, butnotiœ of 1t....Ift. shall' be ,sufficient, .... .. binding upon aD owaIIII ... eJaim1ng sødt ,abuttIDI prO- pefty or lIlY iDtereIt thIteID when same .abaIl have beeD given by newspaper adYertlle- ment AS first beteIÞabove pro. vtded. tv. The City ~ II JIere. by directed to engrose ..en- roll tbisordlnance by eopylac 'the caption of same In the MiItuW 1Jook Of the City Coull- en and by fiUDJtœ eomplete ord~.1n the ~We OrdIDancé R e cor ct I Of tIdI City. an estimate of cost of .such ØeIIdon, DOW being ,shown as improvements and estbnatel Artic1é 1105b of Vernon's Tex· of the amounts per front foot u CivU Statutes. Such notice pro p 0 s e dto be assessed .haU be by advertiaement In- against abutting prc>pel'ty and aerted at least three tlme8 In tbeowners thereof, sucb esti" a newspaper published m the mates have been examiMd. City of Nortb Ricbland Hitta, NOW, THEREFORE, Texas, the firstpub1teatlcm to BE I'1' O&D~~ &Y TØE be dele at least ten d8ys be- CITY C OVNC1:t,'OF<'ftIE fore the elate of said l1e8rtng. CITYQJI'N'~"'R1OØ1iANÐ Said notioesball comply with HILLS, TEXAS"THAT: . and be in aocordancewftb the Î.;^,te1'JWJ and provisions of øafd The estitnJiesfor, the ~.!;Act. '!be City Secretary Is fur.. struction 6f,the .·lîeÎ'ètofore cIê" tber directed to give personal scribed S!!I'Vi~ '~as haVe no~of ..thé tbneand piece of ~~;b~=D~e: ~.; ~~ ·ber-eby adopted~approVecl' tin¡ on said p 0 r ti on 8 of JJ:.. é . .... .' , . '" ~,avenues, and publIè It Is hereby~~.. and ~ places, ,as well as to aU own- tetmined tbatth\!·.tøf ün· ing or cl~1iming any iDtere8t In provements on ~eh,~\øf any suehproperty. Such per.. the service ro~·betêiiílfCèr IOftIlMttce abaUbe giveIl by described, witbthe.. amount the aty Seentary màßiøg and ~per. fron~ fpot .... notice, JXIIII;8Ie pre-pafd. proposed to be áS8esseclf~ to the ~ownen of s u c 11 imprevementa ~ reèord of the properties to be abutting property, and tile 881e1118d, and to aD)' peI'8OD owners . thereof, are . as tol- otmIng or claimmc' 8ItJ..... lows, to wit: . . trest· m sa1d properttes,·to 'Ibe portion·of the cost to be the la8t køoWnáddress of paid for by the. City of North said owner or persons. It shall Ricl1land Hills Is ,",OOO.OO,a not be necessary fOr Ite City fractiøna1. portit>n of the total Sècretarý . to man said. notice cost o! conatruotion w h i c b to any 0WDèr orOttier person be at leá8t .112,..00, the es- claimln¡anlnterestm ,tbe timatedamolUlt þer.frøDt foot property to bè à88e8Sedwben tò be assessed against abut· tbe address of such owner. or ting property and the owners other· person Is unknown to thereof is $5~00. tbe City Secretary aDd caanot HI. be detennined· by. the City A bearing be given and held Secretary~. ~le In- by and before tbeCity~nvesUgaUoÞ. . I~this eonnee" of the CHyof North Ricbland . h,. the CIty Secretary 8hd Hills, Texas, to. ~ ,O)'n1ing. or prepare and file 1rith these ctaiJnb)sany . prc>perty .abtJt- proceedings a list~ theJl1'O:' ting upon said portion of perties to be aueSsed, tbe .' ,!ÅfIII- streets, avenues and public . names of those peJ'8ODl own- PubUab.,.. places as. well as to aU own- Ing or clabnlng any interest m in¡ or ~ any interest in said . properties. to whom the any such property. SUcbbear~ notice was mailed, together in8 sball be jiveD and held on 'with the last, known àddress of . '. ..' the reøpective 0 W n e ra and the 1. _ ofAu¡uat, 1.. at tboIe perIODSownln, or 7: 30 o'c 1'0 ck, p.m., II.... daiminø any interest In laid Oouncil œamtJer,m tile Cit.J property.:tbe City Secfttar1 HBl1 in . Cäyof ~__ IIha1l certify· tb'at eaeb' of the ~ ~ 1'.., and the œy pa r tie s named m &aid JIlt Sécretary 1s.benb1 cUrected wboøe add reaø was' kœwD togtve øøt1ce'tß tile time.. was maßecI . copy of the no- place of aucb l1fariDøaDd of t1œ of bêàrin¡.aDd ·sball. fur- otber ~tten pd facts mac-tiler certify.. "te of dateI oørdImœ with.. --- Oft wbIeh øaIct· not Ie &waa ~ or aD Aet paaaed at matled. A copy. of tile øotioe . the lI'JrIt. caw .....or lie sbaU be attached' to such' cer· I'orU.etb t.....· oftb. tificateL The ..... of the State of T.... and ""11\11 CIty. Beet., _.'CIIIo CIi8pter 106 of &be A$ of UIcI claåve ~. of..'.... . V. 'I11ls ordinance sbaD take .... feet and be In fuD forœ and effect from' and after the dele of Us passage and It II 81) 0r- dained. PASSED AND kPPROVD> THIS 24 DAY OF July, 1_, AiPIPROVED AS TO 1"ORM AND LEGALITY. -s-MarIon L. Mauey City AttŒney +CalVIn P. Luper Mayor . Calvfu F. LIIper A'l'TEtn': ~ II Reed 01'1'Y $I!'.OR.IJ'Nky EViAlJYN R. RII!J)