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ORD CC 09/13/60 - Paving AssessmentTHE STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE q_t3-6 FINAL PAVING ASSESSMENT ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL of the City of Huntsville, Texas: WIiEREAS, heretofore, by ordinance duly approved en May 5, 1959, the City Council of the City of Huntsville, Texas, determined that a necessity existed for and to make certain street improvements en that portion of Avenue L2 between the South line of 20th Street and the south line of 21st Street for a distance of 437 feet, 21st Street between the East line of Avenue Li and the East line of Avenue N for a distance of 532 feet, Avenue M from the South line of 21st Street to the north line of 22nd Street fora distance of 523 feet,and to be designated Unit A; and improvements en that portion of Avenue N between the south line of 20th Street and the north line of 22nd Street for a distance of 870 feet to be designated as Unit B, ad mere fully appears from said ordinance and its record; and WHEREAS, N. B. Davidson, City Engineer, in accordance with directions from said City Council, du y returned to the City Council plans and specifications for such improvements, and a preliminary estimate of the cost of the paving and improvement of said streets, and the units thereof. Which said improtement and pavement of said streets, as applied to Units A and B was to consist of raising, lowering, and grading said streets, constructing storm drainage, concrete curbs and gutters, and the paving of the same with rock or gravel base and asphalt topping. The width of the pavement for Units A and B to be thirty feet; and, WHEREAS, the estimate of said City Engineer as to the cost of said street improvements and the pro rate part thereof to be charged against the City and against the abutting property owners and their respective property, with respect to Units A and B having been duly filed with said Council and having been approved by said Council, said Council did by ordinance approved June 26, 1959, approve said preliminary assessment and ordered a hearing to be had before the City Council of the City of tuntsville, Texas, at the City Hall of said City on June 16, 1959, at 10:00 o'clock A. M., as provided by law, and did give notice of such hearing as provided by law. Thereafter said hearing having been had at the time and place se ordered and in a cccrrance with said notice, and after all property owners had been heard, the City Council of said City, did, by ordinance approved June 16, 1959, close said hearing and find and determine from the evidence that the special benefits of the property, and its owners, in the enhanced value thereof, by reason of such improvements, was in excess of the proposed assessments to be made against said property, and its owners by reason of such pavement and improvement with respect to Units A and B and did order the work for the improvement of said Units to commence; and WTEBEAS, the work of paving and improving said Units A and B has been completed and The City Engineer has made and filed his Final Report with reference to the pavements and improvements of Units A and B and has set forth therein the work done, a description of the abutting property thereon, the owners thereof, a statement of the amount of improvements abutting en said property and the cost thereof, in accordance with the front feet rule er plan, including the rate per front feet and the width of acid streets se paved and improved, which said report is as fellows: CITY OF HUNTSVILLE, TEXAS FINAL PAVING ASSESSMENT UNITA Being that portion of Avenue Ire between the south line of 20th Street and the south line of 21st Street fer a distance of 437 feet, 21st Street between the east line of Avenue L2 and the east line of Avenue N for a distance of 532 feet, Avenue M from the south line of 21st Street to the North line of 22nd Street fer a distance of 523 feet. Paving - 10" compacted flexible base and li" asphalt surface course with curb and gutter. Cost of curb and gutter per front foot Cost of Paving Total cost per front foot PROPERTY OWNER James Rhodes Mrs. Jack Rhodes S. Watson $1.75 DESCRIPTION FRONTAGE TOTAL COST EAST SIDE AVENUE La Described in deed of record in Volume , page , WCDR 165 feet $ 206.25 Described in deed of record in Volume 31, page 30, WCBR 200.9 feet 600.90 Described in deed of record in Volume 154, page 278, WCBR WEST SIDE AVENUE L 80 feet 240.00 Mrs. W. A. Driscol Described in deed of record in Volume 62, page 65, WCDR 104.35 feet 313.0 Cleo Bounds Volume110, page615, WCDR 73 feet 219.00 Wirth McWaters Described in deed of record in Volume 161, page 603, WCDR 106 feet 318.00 Sadie Cory Described in deed of record in Volume 157, page 81, WCDR 106 feet 318.00 SOUTH SIDE OF 21st Mrs. Velma Peoples Described in deed of record in Volume 90, page 208,WCDR 21.2 feet 63.60 H. R. Brennen Described in deed of record in 55 feet 165.00 Volume 165, page 236, WCDR E. M. Meadows Described in deed of record in Volume 155, page 306, WCDR 78.6 feet 235.80 Gus Steinman Described in deed of record in Volume 141, page 631, WCDR 126.07 feet 360.00 Described in deed of record in Joe Justice Described in deed of record in Volume 50, page623, WCDR 115 feet 345.00 Jessie McCulloch Described in deed of record in Volume 50, page 623, WCDR 148 feet 444.00 NORTH SIDE OF 21st Sadie Cory Described in deed of record in Volume 157, page 81, WCDR 80 feet 240.00 PROPERTY OWNER Mrs. Guy Holeman Edgar Lilliard Ruth Craig J. E. Blair Memorial Baptist C C. E. Hall DESCRIPTION FRONTAGE TOTAL COST Described in deed of record in Vol. 124, page 447, WCDR 90 feet $ 270.00 Described in deed of record in Vol. 160, page 563, WCDR 90 feet 270.00 80.5 feet 241.50 80.5 feet 241.50 h Described in deed of record in Vol. 164, page 532, WCDR 85.56 feet 256.68 Described in deed of record in Vol. 118, page 54, WCDR 71 feet 213.00 Described in deed of record in Vol 110, page 46, WCDR Described in deed of record in Vol. 149, page 96, WCDR WEST SIDE OF AVENUE M E. M. Meadows Described in deed of record in Vol. 155, page 306, WCDR Clarence A. Laskie Cecil Eeades Vaden Sowell Bill Williamson Described in deed of record in Vol. 137, page 328, WCDR Described in deed of record in Vol. 165, page 537, WCDR Described in deed of record Vol. 116, page 419, WCDR Described in deed of record in Vol. 162, page 80, WCDR Gus Ste Sula Ryan Mrs. F. P. Cox CORRECT: EAST SIDE OF AVENUE M Described Vol. 143, Described Vol. 151, Described Vol. 106, in deed of record in page 631, WCDR in deed of record in page 409, WCDR in deed of record in page 309, WCDR TOTAL TOTAL COST TO CITY TOTAL COST City Engineer 128 feet 384.00 60 feet 180.00 62 feet 186.00 120 feet 360.00 345.0© 160 feet 480.00 186.9 feet 558.00 100 feet 300.00 115 feet 2888.58 feet $8482.28 4129.]i $126]1.42 CITY OF RUNTSV`R 1 , TEXAS FINAL PAVING ASSESSMENT UNIT B Being that portion of Avenue N between the south line of 20th Street and the north line of 22nd Street for a distance of 870 feet. Paving - 10" compacted flexible base and li" asphalt surfact course with curb and gutter PROPERTY OWNER J. P. Crockett C. E.Ha11 Jessie McCulloch W. D. McAdams S. C. Leonard Cost of curb and gutter per front foot $1.75 Cost of Paving Total cost per front foot DESCRIPTION East Side of Avenue N Described in deed of record in Vol. 69, page 451, WCDR 211.x: feet $ 633.00 Described in deed of recd Vol.118, page 54 , WCDR ..2 FRONTAGE TOT& COST Described in deed of record in Vol. 50, page 623, WCDR 150 Feet 450.00 166 feet 498.00 Described in deed of record in Vol. 1111, page 586, WCDR 163 Febt 1189.00 Described in deed of record in V41.141, page 468, WCDR 95 feet 285.00 West Side of Avenue N Mrs. C. H. LaCroix Described in deed of record in W. R. McWhorter W. D. McAdams J. 0. Bankhead CORRECT: Vol. 66, page 261, WCDR 200 feet 6006 00 Described in deed of record in Vol 116, page 221, WCDR 130 feet 390.00 Described in deed of record in Vol. 120, page 196, WCDR 165 feet 1195.00 Described in deed of record in Vol. 146, page 351, WCDR 77 feet 231.00 Described in deed of record Vol 158, page 606, WCDR 159 feet 1177.00 TOTAL 1516 feet $4548.00 TOTAL COST =CITY TOTAL COST CITY ENGINEER 227400 $6822.00 WHEREAS, the City Council having examined into said final report of said Engineer, finds that the work of paving of said streets and parts of streets, as therein set forth, in compliance with the plans and specifications aforesaid, has been completed and that said report should be accepted and approved and said pavement accepted. THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: that said report of said Engineer of the paving and improving of said streets and parts of streets, designated as Units A and B be and the same is hereby in all respects approved and that the pavement and improvement of said Units A and B of said street improvements be and the same is hereby accepted by said City Council; and it is further ordained that the amount set forth therein assessed to and payable by the abutting property owners is entitled to payment by the parties, respectively, against whom the same appear in said report, in accordance with the ordinances heretofore entered authorizing the making of aaid street improvements. IT IS FURTHER ORDAINED that the City's portion of the cost of the improvement of said streets and parts of s treets, herein designated as Units A and B, not already paid by proper warrant, be paid and that such proper warrants issue for the payment of said accounts. BE IT FURTHER ORDAINED by the City Council of the City of Huntsville; That there is hereby assessed against the abutting property and against the true owners of such property as of the date such improvements were ordered, whether such true owners are correctly named or not, the sums of money shown in the said report of said City Engineer with respect to Units A and B of said Streets Improvement Program, which said respective sums of money are shown in said report opposite the names of said respective property owners, which said assessments against said abutting property shall be a first and prior lien against said property from the date the improvements of said Units A and B were ordered, and shall be a personal liability and charge against the true owners of such property at said date, whether correctly named in said report or not. BE IT FURTHER ORDAINED by the City Council of the City of Huntsville, Texas, that special improvement certificates in connection with the assessments against said abutting property, and the owners thereof, be issued by the Mayor and City Secretary of the City of Huntsville, Texas, in accordance with the Laws of the State of Texas, and this ordinance and the ordinances heretofore adopted in connection with said paving program, against the persons, firms, corporations and estates as hereinbefore set forth, with respect to Units A and B of said paving program. That said certificates be duly executed by the Mayor of this City and attested by the City Secretary of this City and that the Seal of the City be impressed thereon, and that said certificates be issued against the abutting property owners, and their respective abutting property, as hereinbefore named, in the amounts hereinabove provided for, to become due and payable in installments as follows, to wit: The principal amount of said certificates shall be payable in monthly installments, the first of which shall be due and payable within thirty days from the date of this ordinance, and like of which shall be due and payable on or before the same day of each and every month thereafter until all sums due and to become due thereon have been fully paid and dis- charged. The prinicpal amount of said monthly installments shall be deter- mined and assessed by the City Council by this ordinance to be the property owners pro rata share of the cost of said paving and improvement of said streets. The amount of said assessment shall bear interest at the rate of six (6) per cent per annum from this date, and the interest shall be payable monthly as it accrues and all interest not se paid when due shall become as principal and bear lilFee interest therewith from its said default. Both principal and interest being payable at Huntsville, Walker County, Texas. Said certificate shall provide for the payments of reasonable attorney's fees should the indebtedness not be paid at maturity, under all of its terms and conditions, and if placed in the hands of an attorney for collection or • or should suit be brought thereon. Said certificate shall further provide that the holder of said certificate may mature the remaining unpaid balance of the principal thereof, and the interest accrued thereon, should the abutting property owners become in arrears in the payment at any one time when due ihereen. Said certificates shall contain the other terms and °additions provided for in the General Paving Laws of the State of Texas and the ordinances heretofore adopted, including this ordinance. Said certificate shall recite the lien created by law and by contract of the parties, as may be shown by the record in connection with this proceeding and said certificate shall expressly set forth that all laws providing for the making of said street improvements and the issuance of said certificates have been complied with, and that siad certificate shall constitute a liquidated demand for the amount thereof with interest and attorney's fees as therein provided. Upon motion duly made and seconded, the above and foregoing ordinance was duly adopted by the City Com of the City Af Hupts4.11e, Texas, by unanimous vote, this the / day of Approved this the / 3 day of MAYOR CITY OF HUNTSVILLE