ORD CC 03/11/69 - Street ImprovementsAN ORDINANCE
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTTING UPON STREETS IN THE CITY OF HUNTSVILLE,
TEXAS, WITHIN THE LIMITS HEREINAFTER DEFENED, AS TO SPECIAL BENE?ITS
TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF
BY VIRTUE OF THE IMPROVEMENTS OF SAID STREETS WITHIN SAID LIMITS,
AND AS TO ANY ERRORS, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE
PROCEEDINGS OR CONTRACT THEREFOR: FINDING AND DETERMINING THAT
EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN
THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE
IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED
TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL
AND TRUE OWNERS THEREOF, AND LEVYING ANY ASSESSMENT FOR THE PAYMENT
OF A PORTION OF THE COSTS OF SUCH IMPROVING SAID STREET WITHIN THE
LIKITS DEFINED: FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING
PROPERTIES,. AND THE REAL AND TRUE OWNERS THEREOF: PROVIDING FOR THE
MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES:
DECLARING AN EMERGENCY: AND PROVIDING THIS ORDINANCE SHALL BECOME
EFFECTIVE IMMEDIATELY UPON ITS PASSAGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS:
SECTION 1. The City Council of the City of Huntsville, Texas,
finds:
(a) That the City Council of the City of Huntsville, Texas,
has heretofore by Ordinance duly enacted on the 10th day of December,
1968, determined the necessity for and ordered the improvement of
a portion of U. S. Highway 190 (11th Street) from the East boundary
of the P. GRAY LEAGUE, Abstract No. 24, thence Westerly 3,120 feet
by the installation of concrete curbs and gutters on each side thereof,
within the limits therein defined, and in the manner and according
to plans and specifications therefor, which plans and specifications
have theretofore been approved and ddopted by the City Council.
(b) That a notice duly executed in the name of the City of
Huntsville, Texas, of the enactment of said above describe) ordinance
has been heretofore, to -wit, on the igtr, day of December, 1968, filed
with the County Clerk of Walker County, Texas, the County in which
the City of Huntsville is situated.
(c) That the City Council proposes to cause said improvements
to be installed under its own supervision with labor and material
furnished by it.
(d) That the City Council caused the City Engineer to prepare
and file estimates of the costs of such improvements and estimates
of the amount per front f oot proposed to be assessed against the
property abutting such street within the limits hereinafter defined,
and against the real and true owners thereof.
(e) That upon the filing of said estimates the City Council
did by ordinance duly enacted on the 10th day of December, 1968,
provide for and order a hearing to be held at 5 :30 P. M. o'clock
on the 7th day of January, 1969, as provided by law, at which time
and place all firms, persons, corporations, and estates owning or
claiming any such abutting property or any interest therein,their
agents and attorneys, and all other persons interested therein were
to appear and be heard in person or by counsel and such ordinance
direct the City Secretary to give due notice of such hearing in
the manner required by law.
(f) That after due publication of such notice as required
by law, on on the 7th day of January, 1969, at 5 :30 P. M., said
public hearing was opened and held in accordance with said ordinance
and notice, at which time the following appeared and testified as
follows:
The City Engineer of the City of Huntsville briefly described
the improvements proposed to be constructed and briefly explained
XXXI the method of apportionment of cost. The City Attorney then
stated that a Notice of the hearing had been published in the
Huntsville Item on the 16th day, on the 19t1of December , 1968
and on the 23rc1 day of December ,, 196 4 and in the manner
required by law.
Mr. John Am,ick stated that the improvements to be
placed along the properties envolved would in each instance increase
the value of such properties by more than the cost of such improve-
ments to the property owners.
The Mayor then asked if there were any other parties present
who desired to be heard on any matter in connection with the
improvements under consideration, and found that no such parties
desired to be heard. The meeting and hearing was then announced
by the Mayor to be continued until the next regular meeting of
the Council on January 14th , 1969.
(g) That at said regular meeting of the Council on January
1413 1969, the Mayor asked if there was anyone present having any
protest or comment concerning the assessments herein mentioned, and
no such protest, objection, or testimony being offered as to said
improvements, the assessments therefor, or as to any of the preceed-
ings in reference thereto except as hereinbef ore set out, the
hearing concerning the same was ordered closed; that the City Council
has heard all parties who appeared and desired to be heard as to the
special benefits in enhanced value to accrue to said abutting property
and the real and true owners thereof as compared with the portion of
the cost of constructing said improvements proposed to be assessed
against the abutting property, and has heard all parties appearing
and relative to such matters and relative to any errors, invalidities
or irregularities in any of the proceedings and methods for said
making or desiring to make such protest or objection or to offer
testimony, has fully examined and considered all of said evidence,
matters, testimony, and objections offered.
(h) That based on the evidence, matters, test mony, and objections
considered at such hearing the said City Council has determined that
the properties, and each and every parcel of such property abutting
upon the streets and units as hereinafter set out, will be enhanced
in value and specially benefited in an amount in excess of the amount
of the cost of such improvements proposed to be, and as hereinafter,
assessed against each of said parcels of property, abutting upon said
street, and the real and true owners thereof.
(i) That said City Council is of the opinion, and finds, that
the Front Foot Pin or Rule, if uniformly applied would be equitable,
having in view the special benefits to the enhanced value of the
respective properties.
(j) That said City Council has adopted the front foot plan
or rul& and has found the same to be just and equitable considering
the benefits to be received and the burdens imposed thereby; and
the City Council has further found upon the evidence that the assess-
ments hereinafter made and the charges hereby declared against the
abutting properties and the real and true owner thereof are just and
equitable and that all objections and protests should be overruled and
denied.
SECTION 2. There being no further protest or testimony for or
against or in reference to said improvements, benefits, or proceedings,
said hearing granted to the real and true owners of properties abutt-
ing upon said street or units, within the limits defined, and to all
persons, firms, corporations, and estate awning or claiming same or
any interesttherein, shall be, and the same is hereby closed, and all
protests and objection whether specifically mentioned or not, shall be,
and the same are hereby overruled and denied.
SECTION 3. The City Council hereby finds and determines
upon the evidence heard in reference to each and every parcel of
property abutting upon the street or units hereinafter set out
that the enhancement in value to accure to said property and the
real and true owners thereof by virtue of the construction of said
improvements in said portions of said street, will be in excess of
the amount of the costs of said improvements proposed to be, and as
herein assessed against said abutting properties and the real and
true owners thereof; and finds that the apportionment of the costs
of said improvements and the assessments herein below made are just
and equitable and produce substantial equality, considering the
benefits received and the burdens imposed hereby, and are in accord-
ance with the Laws of the State of Texas; and further finds that all
proceedings heretofore had with reference to said improvements are
in all respects regular, proper and valid and that all pre- requisities
to the fixing and assessment liens against said abutting properties, as
hereinafter described, and the personal liability of the real and
true owners thereof, whether named or correctly named herein or not
have been in all things regularly had and performed in compliance
with the law and the proceeding of said City Council.
SECTION 4. In pursuance of said ordinance duly enacted by
said City Council authorizing and ordering the improvement of said
street and units as hereinbelow set out, which ordinance was passed
as aforesaid, on the 10th day of December, 1968, and in pursuance
of the said proceedings heretofore had and enacted by said City
Council in reference to said improvements and by virtue of the
powers vested in said City with respect to said street improvements
by the Laws of the State of Texas, and particular reference to Chapter
106, of the acts of the First Called Session of the 40th Legislature
of the State of Texas, known and shown as Article 1105 -b, Vernon's
Annotated Civil Statutes of Texas, as amended, there shall be and
is hereby levied, assessed, and taxed against the respective parcels
of property hereinafter'described and abutting upon said street and
units hereinafter set out and within the limits below defined against
the real and true owners of such property whether such real and true
owners be named or correctly named, or said properties be correctly
described herein or not, the several sums of money hereinabelow
mentioned and itemized opposite the description of the respective
parcels of said property, the number of front feet of each, and the
several amounts assessed against same and the real and true owners
thereof, and the names of the apparent owners thereof, all as
corrected and adjusted by said City Council, being as follows, to-
wit:
That portion of U. S. Highway 190 (11th Street) from the
east boundary of the P. GRAY LEAGUE, Abstract No. 24, thence
westerly 3,120 feet.
NAME
NORTH SIDE:
GIBBS BROTHERS & COMPANY, from west 132 2.50 $330.00
boundary of Gibbs tract #I east 132'
along N boundary of Hwy. 190, to W
boundary of Fanny Thomas Tract, Vol.
, page WCDR.
FANNY THOMAS, from west boundary of 200 2.50 500.00
Fanny Thomas East 200' along n boundary
of Hwy. 190 to west boundary of Charles
P. Hamilton -Vol. 48, pg. 568, WCDR.
FRONT FEET $PER FT. ASSESSMENT
CHARLES P. HAMILTON, from west boundary of 89.5
Fanny Thomas; east 89.5 along N boundary of
Hwy. 190 to W boundary of Rosemary Griffin,
12/4/68, Vol. 178, pg. 517, WCDR.
ROSEMARY GRIFFIN, from west boundary of
Chas. P. Hamilton east 83.5 along N
boundary of the Hwy 190 to W boundary
of Charles Lesser, Vol. 172, pg. 273,
9/3/55, WCDR
83.5
CHARLES LESSER, from west boundary of 54
Rosemary Griffin;east 54' along N
boundary to W boundary of John Amick, Vol.
101, pg 398, WCDR
JOHN AMICK, from west boundary of
Charles Lesser; Blk, east 50'
along north boundary of Hwy. 190
to W boundary of John Amick, 12/4/67, Vol.
210, pg 295, WCDR. 12/9/67, Vol. 210,
pg. 340, WCDR.
JOHN AMICK,
John Amick,
of Hwy. 190
C. L. Hunt,
from west boundary of
East 275' along N boundary
to west boundary of
Vol. 105, page 632, WCDR
C. L. HUNT, from west boundary of
John Amick; east 161' along N boundary
of Hwy 190 to west boundary of R. T.
Rikard, Vol. 105, page 632, WCDR
R. T. RIKARD, from west boundary of
Hunt; east 228' along N boundary
of Hwy. 190 to west boundary of Vadie
Ellisor, 3/2/35, Vol. 79, pg.333,WCDR
50
275
161
228
VADIE ELLISOR, from west boundary of 210
R.T.Rikard; east 210' along N boundary
of Hwy. 190 to west boundary of Juan
Hernandez, Vol.75,pge.502, Vol.58,
pg. 625, WCDR
JUAN HERNANDEZ, from west boundary of 107
Vadie Ellisor; east 107' along N
boundary of Hwy. 190 to east property
corner at Old Colony Road, 5/8/63,
Vol. 181, pg. 247, WCDR.
HUNTSVILLE INDEPENDENT SCHOOL
DISTRICT, from Gibbs Bros. &
Co. 9 ac tract deed dated 8/4/51 and
recorded in Vol. 137, pg. 416,
and a 1.83 ac deed dated 6/15/53 and
recorded Vol. 144, pg 484, WCDR.
1,418.2
2.50 223.75
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
208.75
135.00
125.00
687.50
402.50
570.00
525.0.0
267.50
3,545.50
NORTH SIDE TOTAL 3,008.2' $7,520.50
SOUTH SIDE:
J. A. JOHNSON,Vol. 178, pg 339
Vol. 184, Pg. 95, WCDR
THORTEN THOMAS, Vol 82, page 421
WCDR
(OHNNIE ROBERTS, Dtd. 8/12/58, Vol.
159, pg 429, WCDR
HERMAN THOMPSON,Dtd. 6/25/59,
Vol 164, page 205, WCDR
THOMAS C. RUSHING, Dtd. 3/5/68,
Vol. 211, page 657, WCDR
BOTTCHER, Dtd, 1945-, Vol. 134,
pg.75, WCDR.
LEE DAVIS, Dtd. 4/24/50, Vol
129, pg. 251, WCDR
R. A. SAENGER, Dtd. 45/20/40, Vol.
94, page 548, WCDR
VADIE ELLISOR, Dtd. 9/7/40, Vol
95, page 21, WCDR
BILL BRACKER,
R. B. SMITHER, Dtd. 4/8/68,
Vol 213, page 723, WCDR
CLIFFORD GUERRANT
Gibbs Bros.
S. T. NIXON
LOIS DAWN OAKES
SOUTH SIDE
TOTAL BOTH SIDES
TOTAL
218 2.50 545.00
100 2.50 250.00
90 2.50 225.00
128 2.50 320.00
90 2.50 225.00
86 2.50 215.00
249.98 2.50 624.95
243.02 2.50 607.55
130 2.50 325.00
300 2.50 750.00
166.7 2.50 416.75
527 2.50 1,317.50
312.6 2.50 781.50
208.4 2.50 521.00
104.2 2.50 260.50
2,953.90 7,384.75
5,962.10 $14,905.25
SECTION 5. The omission of the improvements in any of said streets
or un its as a whole shall in nowise affect nor impair the validity
of the assessments in any other of said units and the omission of the
improvements in any particular street or Unit in front of any parcel
of property exempt from the lien of such assessments or against
which a valid property assessment cannot be levied shall in nowise
affect nor impaif the validity of the assessments against the other
properties in such unit.
SECTION 6. The several sums mentioned above in Section 4
hereof, assessed against said parcels of abutting property
and the real and true owners or owner thereof, whether said
owners be named or correctly named, or said properties be
correctly described herein or not, together with interest there-
on at the rate of six per cent per annum and with reasonable
attorney's fees and all costs and expense of collection, if
incurred, are hereby declared to be and made a first and prior
lien upon the respective parcels of property against which same
are assessed from and after the date said improvements were
ordered by said City Council, and a personal liability and
charge against the real and true owner or owners thereof, whether
or not such owner or owners be named or correctly named herein,
paramount and superior to all other liens, claims, or titles
except for lawful ad valorem taxes; and that the sums so assessed
shall be payable to the City of Huntsville, or its assigns as
follows, to-wit: in five (5) equal annual installments, the first
of which will be payable on or before thirty (30) days after the
completion and acceptance of said City Council of said improvements
and the four (4) remaining installments to be due and payable,
resepctively, one (1) , two (2) three (3) and four (4) years from
and after said date of completion and acceptance of said im-
provements, by said City Council, deferred payments to bear
interest from such date at the rate of six (6) per cent per
annum, payable annually, past due installments of principal to
bear interest at the same rate per annum, until paid, so that
upon the completion and acceptance by said City Council of the
improvements in any unit or portion of street above defined
the assessments against the property abutting upon such completed
and accepted unit shall be and become due and payable in install-
ments and with interest as above provided; however, any owner of
such property shall have the right to pay off the entire amount
of any such assessments, or any installment thereof before maturity
by paying principal and accrued interest to date of such payment;
and provided further, that if default shall be made in the payment
of any installment of principal or interest when due, then the
entire amount of said assessment upon which default is made, at
the option of the City of Huntsville, or its assigns, shall be and
become immediately due and payable and shall be collectible, to-
gether with reasonable attorney's fees and all costs and expenses
of collection, if incurred.
SECTION 7. If default shall be made in the payment of any
of said sums herein assessed against the said parcels of property,
and the real and true owner or owners thereof, collection thereof
shall be enforced, at the option of the City of Huntsville, or its
assigns, either by suit in any court having jurisdiction, or by
sale of the property assessed as nearly as possible in the manner
as may be provided by law in force in said City for the sale of
property for the collection of ad valorem taxes.
SECTION 8. For the purpose of evidencing said assessments,
the liens securing same and the several sums assessed against the
said parcels of property, and the real and true owner or owners
thereof, and the time and terms of payment, and aid in the enforce-
ment thereof, assignable certificates shall be issued by the City
of Huntsville, Texas, to the City of Huntsville upon the completion
and acceptance any payment by the City of Huntsville for
said improvements in any unit or portion of street above
defined, and which certificates shall be executed by the
Mayor in the Name of the City, attested by the City Clerk
with the Corporate Seal, and which shall declare the amounts
of said assessments and the times and terms thereof, the rate
of interest thereon, the date of the completion and the accept-
ance of the improvements for which the certificate is issued;
and shall contain the name of the apparent owner or owners as
accurately as possible, and the description of the property
assessed by lot and block number or front foot thereof, or
such other descriptions as may otherwise identify the same, and
if the said property shall be owned by an estate or firm, then
to so state the fact shall be sufficient, and no error or mis-
take in describing any such property or in giving the name of
any owner or owners, or otherwise, shall in anywise invalidate
or impair the assessment levied hereby or the certificates issued
in evidence thereof.
The said certificate shall further provide substantially
that if default shall be made in the payment of any installment
of principal or interest when due, then at the option of the City
of Huntsville, or its assigns, or the holder thereof, the whole
of said assessment evidenced thereby shall at once become due and
payable and shall be collectible with reasonable attorney's fees
and all expenses and costs of collection, if incurred; and said
certificate shall set forth and evidence the personal liability
of the real and true owner or owners of such property, whether
named or correctly named therein or not, and the lien upon such
property, and that said lien is first and paramount thereon,
superior to all liens, titles, and charges, except for lawful
ad valorem taxes from and after the date said improvements were
ordered by said City Council, and shall provide in effect, that
if default shall be made in the payment thereof, the same may be
enforced at the option of the City of Huntsville, or its assigns,
either by the sale of the property therein described in the
manner provided for the collection of ad valorem taxes as above
recited, or by suit in any court having jurisdiction.
Said certificate shall further recite in effect that all
the proceedings with reference to making said improvements have
been regularly had in compliance with the law in force in said
City and proceedings of the City Council of said City, and that
all pre-requisites to the fixing of the assessment lien against
the property and the personal liability of the real and true
owner or owners thereof, evidenced by such certificates, have
been regularly done and performed, which recitals shall be
evidence of all the matters and facts so recited, and no further
proof thereof shall be required in any court.
The said certificates may have coupons attached thereto in
evidence of each or any of the several installments thereof,
which may be signed with the facsimile signatures of the Mayor
and City Secretary.
Said certificates shall further provide in effect that the
City of Huntsville, Texas, shall exercise all of its lawful
powers, when requested so to do by the holder of said certificates,
to aid in the enforcement and collection thereof, and said certi-
ficates may contain other and further recitals pertinent and
appropriate thereto. It shall not be necessary that said certi-
ficates shall be in the exact form as above set forth but the
substance and effect thereof shall suffice.
SECTION 9. All such assessments levied are, and shall
be a personal liability and charge against the respective real
and true owner or owners of said abutting properties, notwith-
standing such owner or owners may not be named or correctly
named, and any irregularity in the name of the property owner,
or the description of any property or in the amount of any
assessment, or in any other matter or thing shall not in any-
wise invalidate or impair any assessment levied hereby or any
certificate issued, and any such mistake, or error, invalidity,
or irregularity, whether in such assessment or in the certi-
ficates issued in evidence thereof, may be, but is not required
to be, in order to be enforceable, corrected at any time by the
City Council of the City of Huntsville, Texas.
The total amounts assessed against the respective parcels
of property abutting upon the units or portions of streets above
set out, and the real and true owner or owners thereof, are the
same, or less than, the estimates of said assessments prepared
by the City Engineer and approved and adopted by said City
Council, and are in accordance with the proceedings of said City
relative to said improvements and assessments therefor, and with
the terms, powers, and provisions of said Chapter 106 of the
Acts and the First Called Session of the 40th Legislature of the
State of Texas, commonly known as Article 1105-b of Vernon's
Annotated Civil Statutes of Texas, as amended, under which terms,
provisions, and powers of said Acts, said improvements and
assessments were had and made by said City Council.
SECTION 10. The fact that no curbs and gutters are pre-
sently existing on said portion of the street to be improved
according to this ordinance and it is imperative that proper
curbs, gutters and drainage facilities be installed to improve
said portion of said street without delay, creates an emergency
and imperative public necessity for the immediate preservation of
the public peace, health, safety, and general welfare, and this
Ordinance shall be passed and take effect as an emergency measure
and be in full force from and after its passage as provided by
law, and it is so ordained.
Passed this 14th day of January, 1969 by an affirmative
unanimous vote of the City Council.
AT
Approved this 14th day of January, 1969.
ITY SECRETARY
APPROVED:
CITY ATTORNEY