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ORD CC 04/03/28 - Street ImprovementsAN ORDINANCE ENTITLED AN ORDINANCE PROVIDING FOR THE IMPROVE- MENT OF ANY STREET OR SIDEWALK /ITHIN THE CITY LMT OF T1I CITY OF.HUNTSVILLE, AND FOR =So TENT OF SUCH IMPROVEMENT BY xxiseeteneat meuxulamaGgzwimixemeatn T3 A:BUTT': _ —A TY UdEER, PROVIDING FOR THE AS1i J3MENT OF MAAAHmjax THE COST AGAINST T A3T,TTTIIT: PROi--,LaTY OJNER, AND CREATING A MN IN FAVOR OF TEE CITY AND THE CONTRACTOR MAKING .CJCIT. I ITROVELLENT , AND 1,VjOVIDING FOR TEE ISSUANCE OF AS3IGNABLE CERTIFI- CA2E3 OF SPECIAL ASSESSMENT , 1) PROVIDING THAT SAID ORDINANCE SHALL BI CUMULATIVE OF A:IT THE GENERAL LAe:S OF TEE STATE OF TEXAS AND ALL ORDINiU.7- CBS OF TH.: CITY OF HUNTSVITT I NOT IN CONFLICT THEREWITH, PROVIDING FOR TEE CORRECTION OF ANY A3SESS1ENT ERRONEOUSLY MADE, AND FOR TEE REASSESS- MENT OF ANY ASSESSMENT MADE OR ATTEMPTED TO BE MADE UNDER THIS OR ANY OTHER 1A4 OR ORDINANCE 0ITEt CITY OF HUNTSVITT7:, AND DECLARING AN ENERGENCY. BE IT ORDAINED BY TH CITY COUNCIL OF THE CITY OF HUNT3VIIIE, IN COUNCIL ASS,MBIED: THAT 4HE:XFAS y the City of Huntsville has, for 7any years J undertaken to build sidewalks ithin the limits of said City, at the expense of the abutting property owners, and has sought to create and fix a lien against the abutting property owners and their property for the payment of the cost of constructing such sidewalks; and WHEREAS, the City of Huntsville has heretofore , by an election had, adopted the provisions of the Revised Civil Statutes of 1911 (1925) with reference to street improvements, and the City hae a right to undertake to make any street improvement under the Revised Civil Statutes of the jtate of Texas, rather than under any formal ordinances of the City of Huntsville; and -;;HEREAS, the City of Hunteville has the ri.s. t;'-un.er General Street Improvement Laws of the State of Texas, to construct and have constructed sideeialks along the streets within the said City limits, and upon, over and across the property of abutting property owners, and to create a lien upon such abutting property for the payment of the cost of such sidewalks: T171FOR-.6;, IT 13 HERBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF HU1TTSVITVr4 SECTION I--That the City Council may proceed to have constructed any sidewalk along any street and upon the abutting property of any property owner of the City of Huntsville, Texas, and to provide for the payment of the cost thereof by such abutting property owner, in the manner pointed out, either by the General laws of the State of Texas relating to Street Improvements, or by the Ordinances of the City of Huntsville, heretofore adopted from time to time, not inconsistent with the General Taws of the tate of Texas relating to Street IrTrovements. SECTION II—Whenever the City Council shall determine to order any sidewalk constructed along any public street ithin the -?- City Limits of the City of Huntsville; and upon, over and acros the property of abutting property owners, it shall, by a majority vote of the City Council, determine the kind of sidewalk to be constructed, the street along which the same .,hall be laid, and the names of the abutting property owners upon, over and across which such sidewalk shall be laid. 3ECTION III - -A notice shall be issued by the City Secretary, and add__e =sed to the abutting property owner or owners upon, over and across whose property such proposed sidewalk shall pass, and therein advise such abutting property owners of the order passed by the City Council, describing the street along which such sidewalk is proposed to be constructed, and the names of all property owners abutting thereo3%1 and shall notify such property owners to appear before the City Council at a date to be named in Ouch notice, to be held not less than ten days after the service of such notice, whereat such property owners may appear and show cause why such pavement should not be constructed, or why the entire cost thereof should not be borne by such property owners. CECTIOiv IV - -At such hearing the Council shall hear evidence as to the necessity for constructing such sidewalk, so proposed, the cost thereof, and that the cost of such construction is a reasonable and ,,roper charge against the abutting property owners, and that the construction of such sidewalk would result in the enhanced value of the abutting property, in excess of the cost thereof, to be adjudged against each such abutting property owner. SECTION V-- Should the Council find, upon such hearing, that such sidewalk should be constracted, and that the cost thereof would be a reasonable charge aainst the abutting property owners, and would result in the enhanced value of such abu ting property, in e: cess of the cost thereof, then the • Council shall have the right to direct such property o rner or owners forthwith to have such sidewalk constructed, in accordance with plans and •:specifications to be provided by the City Council, end such order ehall further provide that, in the event the abutting property owners shall fail or refuse to have such sidewalk constructed :rithin thirty days from the date of such order, then the City Council shall have such sidewalk constructed at the expense of the abutting property owners, for the actual, reasonable and necessary cost to construct the same in first class manner and of the best materials. SECTION VI.- -The City Council shall have the right to assess the cost of the construction of any sideralk,made in accordance with the preceding Sections of this ordinance, against the' owners of the abutting property and their property, in accordance with the actual and necessary contract price for the construction of ::uch sidewalk, and shall assess the same against the abutting property owners and their property, and the amount thereof shall be considered as liquidated demand against the abutting property owners and their said property. 1 CTION VII -- Should any roperty owner fail to pay for asmuch as tairty days, any,bill presented under and by virtue of this ordinance, as the cost of the construction of any sidewalk along any street and upon the property of any abutting property owner, then the City Council ohall have the right to have suit instituted upon said claim, in any court having jurisdiction, and may sue the owner and obtain a personal judgment only, for the ariount of said paving charge, with interest, cost;: of court and a reasonable attorneys fee, or the City may elect to sue in the District Court, and foreclose its lien upon the a.:Juttin; -property, to secure the payment of the amo.Int of thc cost of such sidewalk, Yith interest, costs of court and a reasonable attorneys' fee. S:ECrIOIT VIII - -In case any assessment for the cost of sidewalk heretofore or hereafter .;ought to be levied, either under this ordinance or under the existing ordinances of the City of Huntsville, or under the 'genera' :street Improvement Laws of the State of Texas, shad', for :Lny reason whatever, be held or be determined to be invalid or unenforcible, then the City Council shall be empowered to supply any def}ciency in the proceedins with reference thereto, and correct any mistake or irregularity in connec ion therewith, and at any time make ana levy reassessments, after hearing and notice, as nearly as possible in the manner herein provided for original assessments, and subject to the provisions hereof with referece to special benefits. Recitals in certificates issued in evidence of reassessments shall have the same force as provided for recitals in certificates relating to original assessments. SECTION IX -- Certificates of Special Assessments may be issued hereunder, etting forth. the amount thereof, the name of the abutting property owner against whom the same has been made, the amount of such assessment and the lien created theeeby. If any such certificate shall recite that the proceedings with reference to making such improvements have been regularly had, in compliance with law, and that all prerequisites to the fixing of the assessment lien against the property described in said certificate and fixing the personal liability of the owner have been performed, such certificate shall be prima facie evidence of the facts so recited. LCTIOT X - -:any property owner, against whom or against whose ..roperty any assessment or reap sessment has been made, shall have the right, within twenty Says thereafter, to bring suit to set aside or correct the sasee, or any proceeding with reference thereto, on account of any error or invalidity therein, but thereafter such owner, his heirs, assigns or successors, shall be barred from any action or any efense of invalidity in euch proceedings, or ,assessments or reassessments, in any action in which the same may be brought in Question. a: CTIOL XI--All of the provisions of this ordinance shall be deemed cumulative of all other ordinances now in force and effect in the City of x'untsvilie, as well as cumulative of all the General Lars of the state of Texas relatin-. to Street Improvements. ECTIO ` XII- -That this ordinance shall take effect fromand after its passage and aw).:;roval. REjER:D to one Co r:ittee on Streets and 'rides, in open Council, this the pLt ____._day of April, c28. y f] it rife, the Committee oat Streets and : rides, to , 1:lom the above and Zoregoing ordinance was referred, do he__ eb econr end tn t the same be adopted. ADOED xIT) AJ.:.ACT: in open Council, at a rez,ular fleeting of said Council, this the Lay of April, 1.23. OR