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HomeMy Public PortalAboutOrdinance No. 179-59 11-20-1959 _.J ~ ±3 _ ~ 7 _ , .l ORDINANCE N0. 7~ AN ORDINANCE DETF.RNLLNING A PUBLIC NEED AND IN- TEREST FOR AND ORDERING THE PERMANENT IMPRO t'~ OF' ALT, THE EXISTING STREETS WITHIN THE CORPORATE LIMITS OF THE TOWN OF RTCHLAND HILLS, TEXAS; PRO- VIDING THE NfAN~lER OF PAYING THE. COSTS OF SAID IM- PROVEMENTS; DIRECTING TSE TOWN ENGINEER TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR SUCH IMPROVE- MENTS, AN ESTIMATE OF THE COST OF IMPROVEMENTS AND A LIST OF THE PROPERTIES AND THEIR OWNERS; AND DE- CLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SUCH IMPROVEMENTS ARE A~TD SHALL BE PURStJA1VT TO ARTSCLES 1082 THROUGH 10$5 OF VERNON'S CNIL STATUTES OF TEXAS. ji~RF.A~~ the Board of Aldermen of the Town of Richland Hills, Texas, has determined that it is in the public interest to order the improvement of all the existing streets within the corporate limits of the Tgwn of Richland Hills, Texas, in the manner hereinafter provided; NOW, SORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF RICHLAND HILLS, TEXAS: Section 1. That there exists a public necessity, and said Board of Aldermen does hereby determine and deem it to be in the public interest to permanently improve all the existing streets in the corporate limits of the Town of Rich- land Hills, Texas. Section 2. That it is hereby ordered that said streets shall be improved by raising, grading, filling, widening, permanently paving or repaving same by the construction, reconstruction, repairing and realigning of concrete curbs and gutters in the manner and where the Engineer of the Town deter- mines that adequate curbs and gutters are not now installed on proper grade and line, and by construction of such drains and other necessary incidentals„ and appurtenances as deemed necessary by said Engineer, said permanent paving to consist of the construction of an adequate wearing surface upon a substantial base course, both of such type, construction, materials and thickness as is deemed adequate and proper by said Engineer, and all of said improvements to be provided for in the plans and specifications therefor, to be prepared by said Engineer as hereinafter directed, and as shall be approved and adopted by the Board of Aldermen. section 3. In providing for and making such improvements, said Board of Aldermen deems it advisable, and hereby determines to proceed under and in the exer- cise of the powers, terms and provisions of the Acts of the Legislature of 1875, Page 113, G. L. Volume 8, Page 485, which is known and showy as Articles 1082, 1083, 1084 and 1085, of the Revised Civil Statutes of Texasa 1825, as amended. Section 4. The Engineer is hereby directed to forthwith prepare and file with the Board of Aldermen complete plans and specifications for such improvements, an estimate of the probable cost thereof, and a list of all abutting property by lot and block number, and the names of the owners thereof, if known. Section 5. The cost of said improvements as herein defined shall be paid as fol- lows, to-wit: (a) The property abutting on that portion of the street and the real and true owners thereof 6hall pay not more than two-thirds (2~3) the cost of all the improvements abutting their property to the center of the street ex- clusive of that portion which may be in the intersections of streets. (b) The Town of Richland Hills shall pay all of the remainder of the cost of said improvements after deducting the amounts herein spec if ied 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 corms itute a f 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: When said improvements are completed and accepted by the Board of Aldermen, the amounts payable and assessed against the property abutting thereon and the real and true owners thereof shall be and become payable in five (5) equal annual installments, due respectively on twenty (20) days, one (1), two (2), three (3) and four (4) years from the date of ~.cceptance at the rate of six per cent (6~) per annum, payable annually; provided, however, that the owners of said property shall have the privilege of paying any one or all of such installments at any time before maturity thereof by paying the total amount of principal due, together with interest accrued to the date of payment. Further, if default be made in the payment of any said installments of principal or interest promptly when same matures,'; then at the option of the Town of Richland Hills or assigns, the entire amrcunt of the assessment upon which default is made shall be and become immediately due and payable, together with reasonable attorneys' fees and collection costs, if incurred. Section 6. In the levying and making of said assessment, if the name of any owner be unknown, it shall be sufficient to so state the fact, and if any property be owned by an estate or by any firm or corporation, it 'shall be sufficient to so state, and it shall not be necessary to give the correct name of any owner, but the real and true owner of the property mentioned shall be liable and the assessment against the property shall be valid whether or not such owner be named or correctly named. It is hereby fur- ther provided that in levying said assessment, the omission of said improve- ments in front of any parcel of property exempt from the lien of ,such as- sessments shall in no wise affect or impair the validity of the assessment against the other abutting properties in said streets. Section 7. 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. APPROVED AS TO FORM AND LEGIILTTY: i' ~,~~r Town Attorney ~~F x ~ ~ LLLLLL" ~ ' ~ f REAVES 8c GREGORY C O N S U L T 1 N G E N G I N E E R S 3332 WEST SEVENTH STREET PHONE EDISON 5-331>a FORT WORTH 7. TEXAS NOVEMBER 20, 1959 HONORABLE MAYOR AND ALDERMEN TOWN OF RICHLAND HILLS 320 DIANA DRIVE FORT WORTH, TEXAS SUBJECT: 5806, RICHLAND HILLS, ASSESSMENT ORDINANCE GENTLEMEN: FOLLOWING ARE THE ESTIMATED COSTS OF IMPROVEMENTS INCLUDED UNDER THE ASSESSMENT PROGRAM: TOTAL OF ALL IMPROVEMENTS $5o3,g00.00 ~2.~ CURB AND GUTTER AND PAVING AT INTERSECTIONS 33,500.00 ~3•~ CURB AND GUTTER ALONG PRIVATE PROPERTIES t]g,]60.00 (~F.) STREET PAVING ALONG PRIVATE PROPERTIES 280,640.00 RESPECTFULLY SUBMITTED, REAVES & GREGORY ,-rte f Z~~~~t R. L. KNOWLTON RLK~MG CC: MR. HOWARD DAM S PAUL C. REAVES PAUL D. GREGORY PHONE CRCYTV~tW IS-2a29 PHONE MARKST a-Za'io