HomeMy WebLinkAboutOrdinance 0174
ORDINANCE NO. 121
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS
FOR A PORTION OF THE COST OF IMPROVING A PORTION
OF LOOP ACCESS ROADS ON THE NORTH AND SOUTH SIDES
OF I.H. LOOP 820 FROM THE EAST RIGHT-OF-WAY OF
RUFE SNOW DRIVE TO THE WEST RIGHT-OF~WAY LINE OF
HOLIDAY LANE IN THE CITY OF NORTH RICHLAND HILLS,
STREET AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES, IN THE CITY OF NORTH
RICHLAND HILLS, TEXAS 7 FIXING CHARGES AND LIENS
AGAINST PROPERTY ABUTTING THEREON, AND AGAINST
THE OWNERS THEREOF7 PROVIDING FOR THE COLLECTION
OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE THEREOF7 RESERVING UNTO
THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS RE-
DUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT
TO THE EXTENT OF ANY CREDIT GRANTEDT DIRECTING
THE CITY SECRETARY TO ENGROSS AND ENROLL THE
ORDINANCE BY COPYING THE CAPTION OF SAME IN THE
MINUTES OF THE CITY COUNCIL OF NORTH RICHLAND HILLS,
TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE
RECORDS OF SAID CITYT AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of North Richland Hills, Texas, has
heretofore ordered that each of the hereinafter described por-
tions of streets, avenues and public places in the City of
North Richland Hills, Texas, be improved by raising, grading
or filling same and by constructing thereon permanent surface
in accordance with specifications of the State of Texas on
proper grade and line where same are not already so constructed
together with storm drains and other necessary incidentals and
appurtenancesT all of said improvements are to be constructed
as and where shown in strict accordance with the plans and
specifications thereforT and contract has been made and
entered into with the State of Texas for the making and con-
struction of such improvementsT said portion of streets,
avenues and public places being as follows, to wit:
Loop Access Roads on the north and south sides of I.H.
Loop 820 from the east right-of-way of Rufe Snow Drive
to the west right-of-way line of Holiday Lane in the
City of North Richland Hills,
and,
WHEREAS, estimates of the cost of the improvements on
each such portion of street, avenue and public place were pre-
pared and filed and approved and adopted by the City Council
of the City, and a time and place was fixed for a hearing to
the proper notice of the time, place and purpose of said hear-
ing was given and said hearing was had and held at the time and
place fixed therefor, to wit, on the 14 day of August, 1967,
at 7:30 o'clock, P.M., in the Council Chamber in the City Hall
in the City of North Richland Hills, Texas, and at such hear-
ing the following protests and objections were made, to wit:
George Jackson and his wife, Connie Jackson, protested
that they were opposed to such assessment~
and said hearing was continued to the present time in order to
more fully accomplish the purposes thereof, and all desiring to
be heard were given full and fair opportunity to be heard, and
the City Council of the City having fully considered all proper
matters, is of the opinion that the said hearing should be
closed and assessments should be made and levied as herein
ordered:
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
I.
Said hearing be, and the same is hereby, closed and the
said protests and objections, and any and all other protests and
objections, whether herein enumerated or not, be and the same
are hereby, overruled.
II.
The City Council, from the evidence, finds that the assess-
ments herein levied should be made and levied against the re-
spective parcels of property abutting upon the said portions of
streets, avenues and public places and against the owners of
such property, and that such assessments and charges are right
and proper and are substantially in proportion to the benefits
to the respective parcels of property by means of the improve-
ments in the unit for which such assessments are levied, and
establish substantial justice and equality and uniformity be-
tween the respective owners of the respective properties, and
between all parties concerned, considering the benefits re-
ceived and burdens imposed, and further finds further that in
each case the abutting property assessed is specially benefited
in enhanced value to the said property by means of the said
improvements in the unit upon which the particular property
abuts and for which assessment is levied and charge made, in a
sum in excess of the said assessment and charge made against
the same by this ordinance, and further finds that the apportion-
ment of the cost of the improvements is in accordance with the
law in force in this City, and the proceedings of the City
heretofore had with reference to said improvements, and is in
all respects valid and regular.
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III.
There shall be, and is hereby, levied and assessed against
the parcels of property hereinbelow mentioned, and against the
real and true owners thereof (whether such owners be correctly
named herein or not), the sums of money itemized below opposite
the description of the respective parcels of property and the
several amounts assessed against the same, and the owners thereofr
as far as such owners are known, being as follows:
-3-
Form A608-4A
ENGINEER'S PERMANENT ROLL
PAVING ASSESSMENT
FEET UNIT DESCRIPTION: I.H. LOOP ACCESS ROADS UNIT NO. I
SHEET NO. 1 OF 1
CONTRACTOR: STATE OF TEXAS CONTRACT DATE:
CERT. PROPERTY OWNER DESCRIPTION OF PROPERTY
NO. LOT BLOCK ADDITION FRONT ASSESSMENT RATE FINAL AMOUNT
FEET OF ASSESS-
MENT
AP 67-1-1 Mobil Oil Co. $5.00 per linear ft.
AP 67-1-2 Gulf Oil Co.
AP 67-1-3 J. B. Owens
AP 67-1-4 Richland Church
of Christ
AP 67-1-5 Geoxge Jackson
IV.
Where more than one person, firm or corporation owns an
interest in any property above described~ each said person, firm
or corporation shall be personally liable only for its, his or
her pro rata of the total assessment against such property in
proportion as its, his or her respective interest bears to the
total ownership of such property, and its, his or her respective
interest in such property may be released from the assessment
lien upon payment of such proportionant sum.
V.
The several sums above mentioned and assessed against
the said parcels of property, and the owners thereof, and interest
thereon at the rate of six percent (6%) per annum, together
with reasonable attorneys' fees and costs of collector, if
incurred, are hereby declared to be and are made a lien upon the
respective parcels of property against whi~h the same are
assessed, and a personal liability and charge against the real
and true owners of such property, whether such owners be correctly
named herein or not, and the said liens shall be and constitute
the first enforceable lien and claim against the property on which
such assessment are levied, and shall be a first and paramount
lien thereon, superior to all other liens and claims, except'
State, County, School District and City ad valorem taxes.
The sums so assessed against the abutting property and the
owners thereof shall be and become due and payable as follows, to
wit: 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 completion and acceptance of the im-
provements in the respective unit, and the assessments against
the property abutting upon the remaining units shall be and be-
come due and payable in such installments after the date of the
completion and acceptance of such respective units, and shall
bear interest from said date at the rate of six percent (6%) per
annum, payable annually with each installment, except as to the
first installment, which shall be due and payable at the maturity
thereof, so that upon the completion and acceptance of theim-
provements in a particular unitr assessments against the property
abutting upon such completed and accepted unit shall be and be-
come due and payable in such installments, and with interest from
the date of such completion and acceptance. Provided, however,
that any owner shall have the tight to pay the entire assessment,
or any installment thereof, before maturity by payment of princi-
pal and accrued interest, and provided further that if default
shall be made in the payment of any installment of principal or
interest promptly as the same matures, then the entire amount of
the assessment upon which such default is made shall, at the
-5-
option of said City of North Richland Hills, or its assigns, be
and become immediately due and payable, and shall be collectible,
together with reasonable attorneys' fees and costs of collection,
if incurred. 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
over a period of not more than four years in equal regular in-
stallments of not less than $10.00 each, the first of such in-
stallments to become due and payable not more than 30 days after
the completion and acceptance by the City of the particular unit,
and PROVIDED FURTHER that such method of payment shall be author-
ized only in instances where the owner or owners of property
abutting upon such completed and accepted unit shall have exe-
cuted and delivered to the City of North Richland Hills a lawful,
valid and biDàing note and mechanic's and materialman's contract
upon forms supplieð by the City of North Richland Hills granting
a mechanic's lien upon and conveying the said abutting property
in trust to secure the payment of said owner or owners according
to the terms thereof of the sums assessed against such property.
VI.
If default shall be made in the payment of any assessment,
collection thereof shall be enforced either by the sale of the
property by the City of North Richland Hills as near as possible
in the manner provided for the sale of property for the nonpay-
ment of ad valorem taxes, or, at the option of the City of North
Richland Hills, or its assigns, payment of said sums shall be
enforced by suit in any courtof competent jurisdiction, or as
provided in any mechanic's or materialman's contract as afore-
said, and said City shall exercise all of its lawful powers to
aid in the enforcement and collection of said assessments.
VII.
The total amount assessed against the respective parcels
of abutting property, and the owners thereof, is in accordance
with the proceedings of the C,ity relating to said improvements
and assessments therefor, and is less than the prÐportion of
the cost allowed and permitted by the law in force in the City.
VIII.
Although the aforementioned charges have been fixed, levied
and assessed in the respective amounts hereinabove stated, the
City Council does hereby reserve unto itself the right to reduce
the aforementioned assessments by allowing credits to certain
property owners where curb and/or gutter or paving presently
exists.
-6-
Notwithstanding the City Council has herein reserved the
right to issue credits as hereinabove provided, it shall not be
required to issue such credits, and will not do so, if same
would result in any inequity and/or unjust discrimination.
The principal amount of each of the several assessment
certificates to be issued the City of North Richland Hills, Texas,
as hereinafter provided, shall be fixed and determined by de-
ducting from the amount of any assessment hereinabove levièd
such amount or amounts, if any, as may hereafter be allowed by
the City Council as a credit against the respective assessments.
IX.
For the purpose of evidencing the several sums assessed
against the respective parcels of abutting property and the
owners thereof, and the time and terms of payment, and to aid
in the enforcement and collection thereof, assignable certificates
in the principal amount of the respective assessments less the
amount of any r-espective credit allowed thereon, shall be issued
by the City of North Richland Hills, Texas, upon completion and
acceptance by the City of the improvements in each unit of improve-
ment as the work in such unit 1s completed and accepted, which
certificates shall be executed by the Mayor in the name of the
City and attested by the City Secretary, with the corporate seal
of the City impressed thereon, and shall be payable to the City
of North Richland Hills, or its assigns, and shall declare the
said amounts, time and terms of payment, rate of interest, and
the date of completion and acceptance of the improvements abutting
upon such property for which the certificate is issued, and shall
contàin the name of the owner or owners, if known, description
of the property by lot and block number, or front feet thereof,
or such other description as may otherwise identify the samer
and if the said property shall be ownedby an estate, . then the
description of same as so owned shall be sufficient and no error
or mistake in describing any property, or in giving the name of
the owner, shall invalidate or in anywise impair such certificat~
or the assessments levied.
The certificates shall provide substantially that if same
shall not be paid promptly upon maturity, then they shall be
collectible, with reasonable attorney's fees and costs of collect-
ion, if incurred, and shall provide substantially that the amounts
evidenced thereby shall be paid to the City Secretary of the City
of North Richland Hills, Texas, who shall issue his receipt there-
for, which shall be evidence of such payment on any demand for
the same, and the City Secretary shall deposit the sums so re-
ceived in a separate fund, and when any payment shall be made to
the City the City Secretary, upon such certificate shall, upon
presentation to him of the certificate by the holder thereof,
endorse said payment thereon. If such certificate be assigned
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\
then the holder thereof shall be entitled to receive from the
City Searetary the amount paid upon presentation to him of such
certificate so endorsed and credited1 and such endorsement and
credit shall be the Secretary's Warrant for making such payment.
Such payments by the Secretary shall be receipted for by the
holder of such certificate in writing and by surrender thereof
when the principal, together with accured interest and all costs
of collection and reasonable attorney's fees, if incurred, have
been paid in full.
Said certificate shall further recite substantially that
the proceedings with reference to making the improvements have
been regularly had in compliance with the law, and 'that all pre-
requisites to the fixing of the assessment lien against the
property described in such certificate and the personal liability
of the owners thereof have been performed, and such recitals shall
be prima facie evidence of all the matters recited in such cetti-
ficates, and no further proof thereof shall be required in any
court.
Said certificates may have coupons attached thereto in
evidence of each or any of the several installments thereof, or
may have coupons for each of the first four installments, leaving
the main certificate to serve for the fifth installment, which
coupons may be payable to the City of North Richland Hills, or its
assigns may be signed with the facsimile signatures of the Mayor
and City Secretary.
Said certificates shall further recite that the City of
North Richland Hills, Texas, shall exercise all of its lawful
powers, when requested so to do, to aid in the enforcement and
collection thereof, and may contain recitals substantially in
accordance with the above and other additional recitals perti-
nent or appropriate theret01 and it shall not be necessary that
the recitals be in the exact form above set forth, but the
substance thereof shall be sufficient. The fact that such im-
provements may be omitted on any portion of any of said units
adjacent to any premises exempt from the lien of such assessments
shall not in anyWise invalidate, affect or impair the lien of
such assessment upon other premises.
X.
Full power to make and levy assessments and to correct
mistakes, errors, invalidities or irregularities, either in the
assessments or in the certificates issued in evidence thereof,
is, in accordance with the law in force in this City, vested in
the City.
XI.
All assessments levied are a personal ¡iability and charge
against the real and true owners of. the premises described, not-
withstanding such owners may not be named, or may be incorrectly
named.
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XII.
The assessments so levied are for the improvements in the
particular unit upon which the property described abuts, and
the assessments for the improvements in any unit are in nowise
affected by the improvements or assessments in any other unit,
and in making assessments and in holding said hearing, the
amounts assessed for improvements in anyone unit have been in
nowise connected with the improvements or the assessments there-
for in any other unit.
XIII.
The assessments levied are made and levied under and by
virtue of the terms, powers and provisions of an Act passed at
the First Called Session of the Fortieth Legislature of the
State of Texas, known as Chapter 106 of the Acts of said Session
and now shown as Article 1105b of Vernon's Texas Civil Statutes.
XIV.
The City Secret~ry is hereby directed to engross and
enroll this ordinance by copying the caption of same in the
Minutes Book of the City Counc.i 1 of North Richland Hills, Texas I
and by filing the complete Ordinance in the appropriate Ordinance
Records of said City.
xv.
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 THIS 28th DAY OF AUGUST, 1967.
. W,;,.. ~ -/
MAYOR ~~
ATTEST:
ß '~'l.ftí? ~
~:rvY S E C R~-;""A R Y
APPROVED AS TO FORM AND LEGALITY:
C I T Y
A T TOR N E Y
.~. .~ NORTH RICHLAND HILLS
, FCKOWLTON-FtATUFF-~NGLffiH ASSESSMENT ROLL FOR
,
CO~SULTnm ENGL''"EERS I.H. 820 FRONTAGE ROADS
~
FROM: RUFE SNOW DRIVE
TO: HOLIDAY LANE PAGE OF"
-
DESCRIPTION OF PROPERTY COST OF i ST. ASSESSMENT
PROPERTY m~NER BACK OF CB. TO ~ ASSESSMENT APPARENT LESS
0 LOT BLOCK ADDI1I ON FROtH- FT. ~ /fR.n. ~ 5.00 f"R. n . I
N CREDITS CRED ITS
co ,
g- Gulf Oil Co. 2B6 W W. Wallace Survey - A-1606 208 . 17 $1,040.85 $1. 040 .85 .
..3 0 & P Corp. 2B W W. Wallace Survey - A-1606 1279.9 6,399.50 6,399.50
6 Corrine B. & Georqe M. Jackson 2B2 W W. Wallace Survey - A-1606 777.27 3,886.35 3,886.35 J
~ Wi"i~m A. Ja~k~on 2~2A W. W. Wallace Survey - A-1606 172.73 863.65 863.65 . '
~ Corrine B & Georqe M. Jackson 2D W. W. Wallace Survey - A-1606 139.19 695.95 695.95
V>
z Birdville Ind. School District 201 W. W. Wallace Survey - A-1606 675.8 I
i,
Birdvi1le Ind. School District 10 39 Richland Terrace Addition 132.3 $1,368.30 i
Socony Mobil Oil Co. 2B-5 W. W. Wallace. Survey - A-lbUb $1.368.30
2/ 3 . bb
Trustees of Richland Hills Church of
Christ 2B-4 W. W. Wallace Survey- A-1606 1569. Ï1 $7,845.55 $7,845.55
jO & P Corporation 2B W. W. Wallace Survey - A-1606 598.15 2t990.75 2,990.75
~ CQrrine B. & George M. Jackson -
2D W. W. Wallace Survey - A-1606 133.68 668.40 668.40
~
g Clint Smith, Arcon, Inc. &
:1 Shannon Properties 10 27A Richland Terrace Addn. 134
9
~ Kerry W. Horne et ux Emma L. 9 20 Snow Heights Addn Second Filing 70
~ C. H. Seeton et ux Ethel P. 10 20 Snow Heights Addn Second Filing 93
~ John W. Crites et ux Ruth J. 11 20 Snow Heights Addn Second Filing 77
:::š
a James E. O'Mary et ux Torchy C. 12 20 Snow Heights Addn Second Filing 75
v; L. Nathan Edwards et ux Norma C 13 20 Snow Heights Addn Second Filing 76
~Glen E. Ash et ux Lou Ellen 14 20 Snow Heights Addn Second Filing 98
¡ 0 & P Corporation 15 20 Snow Heights Addn Second Filing 112
: Jas B Marcum et ux Shirley 1 11 Snow Heights Addn Second Filing 88
I
L..
I
¡------
~
J
LEGAL AFFIDAVIT
THE STATE OF TEXAS:
COUNTY OF TARHANT
Before me, the undersigned authority on this day personally
appea:r:e~leanor Lewisknown to me to be a credible person, who
first being sworn, deposed and upon her oath said:
Bookkeeper Mid Cities Daily News
That she is the of the , a newspaper
which has been regularly and continuously published and of general
circulation-in the City/Town of
Hurst
, for a period of
more than one year next preceding the first publication of the
attached ~~ ga 1 Not ice
and that he caused said notice to be
published in said newspaper on the following date/so 9/3/67
That the attached is a true and correct copy of said notice as pub-
lished on said date/s in said
Mid Cities Daily News
P~/~
Sworn to and subscribed before me, this th~nd day ofQct . ,
1~6...z...
County ,
ATTACH LEGAL
COpy HERE
'teïøIN<'-Jc e'
allY ÍI1\I~J11AAt therE!()f; 'be-
føre m$Jrltyby pa~t of
eqµ¡¡]jiy, ' princr 'and aOOPl1édinter-
.0, ,F n~.-;;;:,W~tb(f:;,~p; prøvided fdrlhet thàt
, , un"., ' of then!- ':itf" shall be made in the
ON OF spectivè 'Pêfti~,and be- 'payrµ~nt of any mstallrnentgf'
LOOP ACCESS ADS ON tween aU partieltConcerned,prììtCfpal orinWrest~pÖ.t
THE NORTH.ANn SOUTH ering the benefits re-as the same matures, then the'
SIDE OF Ut {..OOP 820 and burdens impoSed, entire amount of the assess-
FROM THE EAST RIGHT- >, i finds further that ment upon whichsuch.default
OF-WAY OFRUFE SNOW~se the abáttiqg pro- , is made shall, at the option of
DRIVE TO THE WESTperty assessedis specially be- sai~ City of North Richland
IUGHT-OF-W A Y'. LINE OF nefitedinen~ v ¡Ilue to Hi}}$,ori$S . ,þe and
HOL ID A Y LANE ,IN THE the said propêÎ'ty'by means of. become imme 4tle and
ÇrryOF NORTìtRICHLAND the said~óyements in the payable, and shallbe,èóUecti-
Hn.LS" STREET AND POR- unitupi)rt which the particular ble, together with reasona'ble
nONS orsu . 'V OTHER property abuts and for which attorneys' fees and, costs of
STREETS,AV , SAN D assessment is I e vie d and collection, if incurred. PRO.
PUBLIC PLACES, IN THE charge made, in a sum in ex- VIDED, how eve r, that the
CITY OF· NORTH RICHLAND ~ess of the said. assessment City of North . nichland Hills
HILLS, TEXAS; F I X I N G and charge mäde against the retains the right, to authoriZé
C H.A R G E S AND LIENS same by this· ordinaÍlce, and payment, of the .ums assessed
AGAINST PRO PER T Y further finds that the appor- against pro per t y abutting
ABUTTING THEREON, AND tionm~nt of the cost of the im- upon,$µchcompleted and ac-
It,G A INS T·.THE· OWNERS provemellts is in accordance cepted unit"ov~r·a period' of
THE.R E 0 F; PROVIDING with t)1e law in force in this not more than four years in
FOR THE COLLECTION OF City, and the proceedings of equal regular installments of
SUCH ASSESSMENTS AND the City heretofore had with not less than $10.00 each, the
TIIÈ ISSUANCE OF ASSIGN-reference to said improve- first of $uch installments to
A B L ECERTIFICATES IN ments, and is .in all respects 'become due and payable not
EVIDENCE THEREOF; RE- valid and regular. more than 30. days after the
SERVING UNTO THE CITY II!. completion .~ acceptance by
COUNCIL THE' RIGHT 1'0 There shalll:Se,. and is here- the City of tile particular unit,
ALLOW CREDITS REDUC- by, levied and ,a sse sse d and, PROVIDED FURTHER
lNG THE AMOUNT OF THE against theparcels9f proper' that such method of paymen,t
RESPECTIVE ASSESSMENT t Y hereinbelow mentioned, shall be aùthorizedonly,in in-
TO 'THE EXTENT OF ANY and against the reäl~· true stance$where theo~ner or
CRÈDIT G RAN TED; DI- owners thereof (whether such 'ow~ers of property abutting
RECTINGTHE CITY SEC- owners becorreêtlY'n8l1led upon 'such completed and ac-
RETARYTOENGROSS AND herein or not), the sums ofceptedunit shall have execut-
ENROLL THE"ORDINANCE money itemized below oppos- ad and delivered to the City of
BY COPYINg TIlE CAPTION ite the descripti9n of thfre- NorthRicbland Hills a lawful.
OF SAME IN TÌlÈ MINUTES ' spective parçels of propetiy valid and binding note and
OF THE CITY ¢ÛUNCIL OF and the several amounts as- . mechanic's and material-
NORTH RICHLAND HILLS, ses$e(l, against the same, jlnd ~n's contract'uponforms
TEXAS AND BY F I L IN G the owners thereof, as far as supplied by tbeCity of North
THE ORDINANCE IN ~HE such owners are known,bej.ng ~chlanØ Hills granting a me-
ORDINANCE RECORDS OF as follows: '¢hlUlic's lieø upon and convey'
SAID CITY; ANI) PROVID- ,Form 'A6OIHA big the saidabutthtg property
ING AN EFFECTIVE DATE< ENGINEER'S' ìntrµsttó secure tbØpayment,
W HER E AS, the City of PI¡:RMANENTROLL <>fsaid owner or o~s tiC~
North' Richland Hills, Texas, UN 1'l',.J)ESCRIPTION:Üì. cordirig to the terms_reof
bas heretofore ordered that LOQR,;:'A CC E S S R04DS; of the sums asse$sed~st
each of the hereinafter de- UNfIlNb. I: SHEET M;). ¡such property.
~bedportio~dof. streets, OF' 1;' C(lN'rRAc;T.o.R1 VI.
a\l'enùes and public places in STATEOFT~; '..., Ifdecfault shall be made in
tbê Cjty of North Richland CERT. 'NO. APfI·l-l, Mobil the payment of any /ilSsess-
}Jitls,'l'exas, be improved by Oil eo., 'PROPERTY OWN· men!;, cOllectionthereo~ shall
fa i sin g, grading or filling ER; CER~t NO, AP 67-1-2, be eriforced either by the sale
.~ me' ,and by constructing Gulf Oil eo:;o PRO. PE,Jt T Y }f:' ~ property by the City of.
liereonpermartentsurface in 0 W N ER;CERT.'JIlQ. AP Nort1\' tuchland Hills ,as ,near
accordance witbS )ßéifications, 67+3, J.B. Owens; P~OPE:R- 4s,~.Jn themtnrtel'Pt'O-
of the State of Texas on prop- TY OWNER; CERT. NO. AP videdforthÉ! sale of property
,~r grádeand line where same 67-1-4, Rjchland C b ur c h of f9rtl1~:~~@.eJ1t of ad "'~
àreßQtalready so constructed ChriSt,PROPERTY: ,OWNER:; lorem taxes" 01;, ,at the' option
~witbstormd r a in s CERT. NO. AP.:ø1-1:S, Georg~ of the .City of North Richland
8J1d otherrtecßS$af)' inciden~Jackson, PßOPEnTY OWN- J{i1Js.¡or, its.8¥-., PIiI~nt
;tals and appurtenances; all of ER.', '. ':, '" qofWd'smns slîall'.beeriforced
' 'd' 'ts' t be 'AS' SE""",' ....1\.""', ' R"A.... E·.·IJ/".'OO· "
'.~ ImprQvemen are 0 . -...,..1£'U'..' .t, ~ þxjlÙi\~ànYeourt ofc:o:'
'eòbstrocted as.and w he r ,~. per linear feet. Writ jt¢isdiction, or... 'þt',
sbØwn in s tr,i c't accordance ,,' IV. ed inaftÿ mechal'lie'.ot,
. ,with the planstll1d specifiça- ria'
!'\~~n "'::e ,.tfofits lawful' W.rs to
i.!fViththe ~té' '~,:i,n tþ(t, ,,:eßfor~Ø1enrand
fqr the't;nald c- öØìleCt~on of ',>' ~
' Üân:·.o(, su~ ,,',' .,ts,; Sbâl1'
$$Jdport~ '" $tr~ts,\~ ;fijt. its,
~fiU'l.d,,¡1I~'<~,'
ástmtows fJI';\' \':'.~~y
\~/" "on'; thê::"f:if*¡Jdsj'ÔiheP
$Uch'Pl'9perty for which the'
certificate is issued, and shall
<:9l1taintbe name of tbe owner
oròwners, 'if known, descrip-
'1ion of the property by lot and
.'bIøCk nuœbel',or "front, feet
" ' ~', such a~ber descrip-
tión othe1'\!ise identify
the same; and if the said
property shall be owned by an
estate, then the description of
~~' as so owned . Shall be
$'Ufficient 'and no etrol' or mis-
take in desCribing any proper-
ty,' or in giving the name of
the owner,shall invalidate or
in anywiSE! impáir such certif-
icate, or the assessments lev-
ied. ' .
The' ~ertificates shall pro-
vide'substantiall)! that if same
shaH not be pàid pr-!)mptly
upon maturity, then they shall
be' çøllectible, with reasonable
attornèy'sfees and costs of
collection, if incurred, and
shall pro v ide substantially
that the amounts evidenced
thereby shall be paid to the
City Secretary of the City of
North Richland Hills, Texas,
who ' shall 'issue his receipt
'therefor, which, shall be,
evidence of such payment on
any demand for the Isame,
and the Pity Secretary shall
deposit the sums 'so received
in asepara~e fl\n(l, and when
. any payment shall be made to
'the City the City Secretary,
upon presentation to him of
the ,certificate by the holder
thereof, endorse said payment
thereon. If Such certificate be
assigned then the holder there-
of shall be entitled to receive
from the City Secretary the
~t . . páid upon presenta-
iiontohim of such certificate
so endo~ and cr~dited; and
such endOt;sement and credit
~aUbe Ö Secretary's War-
rant fOl'making such pay-
ment. SU<Jh Payments by the
SecretåtJl','!¡hall be ~eipted
fÖl"by "~of suèh c~r-
tificate 'Îínd bý,~t-
r~~ en theprin-
cipal, '.' . with accrued
inte"- âl1 costs af collec-
tion '.. '~ttorney's
fees, lÌavebeén
Paid i
Said, c . ièate' shål~ further.
rec¡te ''šíibàfåñtia1tytl1atthe
proceedings''Wi:th reference ,. to
1Il a king the 'jm~ovements
háve been regularly had 'J,h.
cømpliance. with the law, and
that all .pr,requisites to, the. '
. tAê ~às:~i¡.
pets. ·.·Ia lty Of;
ttìêreof have been JHB'-
,ä,nd such l' e éi t a I s
.... Þrin1a' facie evidence
the matters '. recited in
cçttès, \~d·'.ño ·fill'-
~t~fbere-
"'¡"'; >"-'16:5-",".-
·~ and .. '!iides of I.H-:--est bearS-to thef., ~~~ewith the proceedingli of
",up, .,... .... eaet $flip of !lUC11''';.;thèÇityrelating to said iJn-
l'iIbt-of:wayO{ ~.f. Saow his orl1.$" ' .;! pròvements and alisessments
Drive to the west right-of-way in $utzhpropérîymå'y bere-, therefor, and is less than the
line of. HOliday Laneit'ithe leasèdfrom"the aS$èSSØtent proportiòn of the cost allowed
'!L.t.y of North Richland Hills, lien>llponpayment ót .such and permitted by the law in
...1\& pro~ionant sum. "force in the City.
'WÌiEREAS, estimates 0. f VIII
" v. .
the cost of ttte impro.vemtmts The se ve r a I sums above ,AlthouØh the' aforemen-
1meachsuch porti~i~fStr~et, men t i 0 ne d and assessed tioned. c,.h ax g e s have been
.venu~ and. publiC.~çeWére agaµ)st Ute sJtid~rcels ?! ~ leviect and assesSed in
prepared ~nd file<,fand'ap. p ¡. op er t y, and tHe owners' tÀß~Speetive,!~ounts hèr-
proved andildopted ·Þy the thereof, and interest thereon e i Ita bO V estated, the City
City Council of tl)e City and a at the rate ofs~þet.cent (6 Co~cil<i~. hereby .reserve
timeandpIacewas./f1xecifor a per cent) per·annum, together unto i~Utheiright to reduce
hearin~ totbeproper rI,~~ce of wit hreasônable . ¡¡ttorneys' the afor~ntioned asSess-
the time,pta,~'~d ~of fees and cc>sts ,.9fCOlle9ór" if ments by ~owing credits to
sajd . heariilg' wa$ øÎ'vell anø ~curred, are~r~byøêcllU'ed certain pro per t y owners
said hearing was ~dliíldf1eld tóbe and.~made a lien where curb and-orgutter or
at, the. time and;plítce. f~edl,lpon the tespective parcels of paving presently exists.
~refor, to wit....on·the 1~ day.~rty ågai~ . which t~ :Notwithstanding the .C it y
'of August, 1967, at 7:30 0 cloc~.:sarne are asseS$ed' and a per. CoUncil has herein reserved
'P.M.,in the Co.uncil Chamber' "~ liability and c h a r g e the right to issue credits as
ib the City Hall in the City "~!I\st the real and true own- hereinabove pro.vided, it shall
óf North Richland Hills,. er$.' of such property" whether not. be reqúited to iSSue sücl1
Texali; and at such hearingsuçbowners be co rr.ec tl y credits, and will not do so, if
the following protests and named herein or not and the same would result in any in-
objectio.ns were made, to. said liens shall be and consti- equity and-or unjustdiscrimi-
wit: . tute the first enforceable lien riation. '
George Jáckson and hi.s wife, and claim against the proper- The principal am 0. u n t of
Connie Jack son,' protested ty on which such IilSSessment each of· the several assess-
t1Jat ,,' they were o.pposed to. are levied and shall be a first ment certificates to be issued
such Assessment. and paramount lien thereon, the City of North Richland
and said nearing was contin- superior ,to all other liens and Hills, Texas, as hereinafter
Ued to the present time in or· claims, except State, County, provided, shall be fixed and
der to more fully acc()mplish School District and City ad determined by deducti~ from
the purposes thereof, and all valorem taxes. the amo.unt of any assessmeJlt
desiring to ~ heard were giv- The sums so ass e sse d here in a,b 0 v e levied súch
en full and fair opportunity to I1ga~t the abutting property amount or amo\lnts, if any, as
be heard, and the City Council and the owners thereof shall may hereafter be allowed by
of the City having fully C()ll- be and become due and paý- the City Council as a credit
sidered all proper matters, is able as follows, to wit: in five against the respective assess-
of the opinion that the said (5) equal installments, due ments. '
,he,aring should be closed and respectively on or before thir- IX.
assessments should be ,made ty(3O) days, oqe .,(1), two (2), For the purpose o.f evidenc·
and levied as herein ordered: three (3) aridfbur ,(4) years ing the several sûms assessed
NOW, THEREFORE, from the date of· êompletion against the respective parcels
BE IT ORDAINED BY THE and acceptance of the im- of abutting property and the
CITY C 0 U N elL OF. THE provements it1 the. respective owners thereo.f, and the time
, CITY OF NORTH RICHLAND u nit, and the. assessments and terms of payment, and to.
HILLS, TEXAS, THAT: against the property abutting aid in the enforcement and
l. ,. upOn therentairting units shall collec.tionthereof, assignable
Sai'dhearing 'bt!'1 and the be and become dûe ðtld pay- certificates in the principal
same is hereby,..<;losed and able in such installments after amount of the tespective.as-
the saidprote~ts,.dobjec- the date of the completion and sessments less the,ámount of
tions,' and an,~ .~ other acceptance of such respective any respective credit allowed
prøtests . and o,þj e c 1 ion s, units, and shall bear intereSt thereon, shaJl be issueÏl by the
whether herein ~ted or from said date at the rate of City of . North RichlandHills,
~,be. and the,sameare six per cent (6 percent) per Texas, upon completion and
, hereby, overrui¢<i. .... .. .... . annum. payable annually with acceptance by the C i t Y of
I,I. .. ...... '..; .... .....'... ' ~ch installment, except as to the improvements in each unit
~.Ci~y Co~~(~ the the.first in$taIlment" which of improvement as the work
~ce,.f~~tbIiI~!theas- shal1bedueandpay~.at iil such unit is compJe.tedliQd
.~ U",E!Þ ~.Ievied the 't1lfÎty thereof, so that accepted, w hi c h ci!rtificates
,.~be' ~..levied upor1; ,.' ,COJIlpletion and BC- shall be executed by the ~ay,
~Ute. .... i'Veparcels ~ pftheimprovements . orAn the n~e of the City and
óf . ,tlMting upon the inapartiC\.Jlâr unit, ~~~' atte~ted by the éity Secre-
said streets" . ave- '..,... ajn$t.. theprøpertYCtàry,·Witbthe corporate se¡¡l
D~ . .' . aces'.. and " ' ~r'su~~pleted of the QitY~re~dthel'e9ß,
.,'..~ the. .~..of~. ,.1U1it8hàllbeand.. and shâll bE: payable to tl;1e
pt'ópørty, and t.·sucb, ~r . '.. . .d1æ äridpáyabl~in' Cittdf.~ttlì ,JUchlliíld Hills'.
.·ii~;..~ ..'~ntI.·~andwith ... 9r,itsåßìgns, 'and 'shall 'd~:,
~lh3¡~'~ fr9m the date øf$~h> ~.tlte.said. amounts. .
,and . acce~+.: 'terms of payme~~
,i~~,.. that ,·and teòf
!~v~the, ' , .
....IIleDt
Said certificates may have
coupons attached thereto in
evide_ of each or any of the
several Installments thereof,
or may have coupons for each
of the first four installments,
leaving the main certificate tø
serve for the fifth installment,
which coupons may be.. pay,
able to the Cityo.f North Rich-
land Hills, o.r its assigns may
be signed with the . facsimile
signa~ures of the ,Mayor and
City secretary.
Said certificates shall' fúr·
ther recite, thªt the City, o.f
North Iqeh1and Hills, 'Texas,
shall exercise all of its lawful
powers;>when requested so to.
dO,to.aid in the enforcement
and collection the reo. f, and
may contain recitals substan-'
tially in aC,cordance with the
above and other additional re-
citals pertinent o.r appropriate
theretO; and it shall'not be
necessary. that the recitals be
the e ~ act fo.nD above set
forth, but the substance there-
o.f shall be sufficient. The fact
that such ìmprovements may
be omitted o.n any portlo.n o.f
any of said units adjacent to.
any premises exempt fro.m
the liEn o.f such assessments
shall not.in anywise Invali-
date, affect'or impair Ìhe lien
of ,!!~ch assessment upon other
premises.
X.
Full power to. make and
( levy assessments and to cor-
rect mistakes, erro.rs, invali·
ditles or irregularities, either
in the assessments' or in the
certificates issued in evidence
thereof, Is, In accordance with
the law In force in this City,
vested in the City. ·
XL
All assessments levied are a
personal liability and charge
against the r.ealand true ownc
ers of the premises described,
notwithstanding sucho.wners
. may not bepamed, or may be
incorrectly named.
XII.
The . assessments' so levied
are for the improvements in
the particular unit upon which
the property described abuts,
and the .assessments for the
improvements in any unit· are
in now~ affecte<i>by the. im-
provements ,or.~~essmef)ts in
anyotber unit/åftdjn'~
~mellt$~/'in~g
said.~arins:, t~< ,. . .~'
sessèd" for. improv" in
any.· onetJi'lit have.
wise connected.. ill
proveinerlt&~,it~, .'
therefOJ' ~>~.~fother
". ':f' ",,}
made and ,leViêd under and by
virtue of the tenns,powers
andp r 0 v i !I. ion s of an Act
passed at the First Called Ses-
sion' of the Fortieth Legisla-
ture of the State', of. Texas,
known as Chapter 106 of the
,Acts of said Session and now
shown as Article lloob of Ver-
., non's Texas Cîvil Statutes.
XIV.
The City Secretary is here-
by directed to engross and en-
roll this ordinaI\pe by copying
the . caption . of . saín~. in the
M i n µ te s, BoQkof. the City
C 0 u n C 11 of North Richland
Hills, Texas,·and by filing the
complete Ordinance,in the ap-
propriate Ordinance Records
of said City.
, XV,
This Oldinance shall take ef-
fectand be in full force and
effect from and after the date
! of its passage and it is so or-
'¡ dained.
. PASSED AND APPROVED
¡THIS 28th DAY OF,AUGUST,
1967.
.:s-Calvin F. Luper
MAYOR
TTEST:
s-Evalyn R. Reed
ITY SECRETARY
APPROVED AS TO FORM
,AND LEGALITY:
os-Marion L, Massey
'CITY ATTORNEY
LEGAL 2355
PUBLISH 9-3