ORD CC 09/13/1960 - Final Paving Assessment i
it
THE STATE OF TEXAS
COUNTY OF WAD H'.R FINAL PAVING ASSESSMENT ORDINANCE
CITY OF HUNTSVILLE
BE IT ORDAINED BY THE CITY COUNCIL of the City of Huntsville, Texas:
WHEREAS, heretofore, by ordinance duly approved on May 5, 1959, the
City Council of the City of Huntsville, Texas, determined that a necessity existed
for and to make certain street improvements on that portion of Avenue Li
between the South line of 20th Street and the south line of 21st Street for a
distance of 137 feet, 21st Street between the East line of Avenue Lz 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 for a distance of
523 feet,and to be designated Unit A; and improvements on 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 more fully
appears from said ordinance and its record; and
WPMIJ7EAS, N. A. Davidson, City Engineer, in accordance with directions
from said City Council, duly 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 improvement 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, conerete curbs
and gutters, and the paving of the same with rack 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 slid by ordinance approved
June 26, 1959, approve said prelimin=y assessment and ordered a hearing to
be had before the City Council of the City of funtsville, 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 so ordered and in accordance 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, b 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
WHEREAS, 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 on said
property and the cost thereof, in accordance with the front foot rule or pl :^.,
including the rate per front foot and the width of said streets so paved and -.
unproved, which said report is as follows:
CITY OF HUNTSVILLE, TEXAS
FINAL PAVING ASSESSMENT
UNIT A
Being 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 Iz and the east line of i?venue N for a distance of 532 feet,
Avenue M from the south line of 21st Street to the North line of 22nd Street
for a distance of 523 feet.
Paving - 10" compacted flexible base and 1i" asphalt surface course with
curb and gutter.
Cost of curb and gutter per front foot $1.75
Cost of Paving 1.2
Total cost per front foot 3.0
PROPERTY OtidNER DESCRIPTION FRONTAGE TOTAL COST
EAST SIDE AVENUE I&
James Rhodes Described in deed of record in
Volume , page , WCDR 165 feet $ 206.25
Mrs. Jack Rhodes Described in deed of record in
Uolume 31, page 30, 14CDR 2006;' feet 600.90
S. Watson Described in deed of record in
Voliune 154, page 278, WCDR 80 feet 240.00
WEST SIDE AVENUE Iz
Mrs. W. A. Driscol Described in deed of record in
Volume 62, page 65, WCDR 104.35 feet 313605
Cleo Bounds Described in deed of record in
Volume3l0, page615, WCDR 73 feet 219.00
Worth 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
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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
Volwne 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 7141, page 631, WCDR 126.07 feet 360.00
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, 11CDR 80 feet 240.00
PROPERTY agNER DESCRIPTION FRONTAGE TOTAL COST
Mrs. Guy Holeman Described in deed of record in
Vol. 124, page 447, NCDR 90 feet $ 270.00
Edgar Lilliard Described in deed of record in
Vol. 160, page 563, WCDR 90 feet 270.00
Ruth Craig Described in deed of record in
Vol 110, page 46, WCDR 80.5 feet 241.50
J. F. Blair Described in deed of record in
Vol. 149, page 96, WDR 80.5 feet 241.50
Memorial Baptist Church Described in deed of record
in Vol. 164, page 532, WCDR 85.56 feet 256.68
C. E. Hall Described in deed of record in
Vol. 118, page 54, WCDR 71 feet 213.00
WEST SIDE OF AVENUE M
E. M. Meadows Described in deed of record in
Vol. 155, page 306, WCDR 128 feet 384.00
Clarence A. Laskie Described in deed of record in
Vol. 165, page 537, WCDR 60 feet 180.00
Cecil Eeades Described in deed of record in
Vol. 116, page 419, WCDR 62 feet 186.00
Vaden Sowell Described in deed of record in
Vol. 3.62, page 80, NUDR 120 feet 360.00
Bill Williamson Described in deed of record in !
Vol. 137, page 328, 1vCDR 115 feet 345.00
FAST SIDE OF AVENUE M
Gus Steinman Described in deed of record in
Vol. 1432 page 631, SYCDR 160 feet 480.00
Sula Ryan Described in deed of record in
Vol. 151, page 409, TaCDR 186.9 feet 558.00
Mrs. F. P. Cox Described in deed of record in
Vol. 106, page 309, WDR 100 feet 300.00
TOTAL 2888.58 feet $8482.28
TOTAL COST TO CITY 4129.14
TOTAL COST $126]1.42
CORRECT:
City Engineer
CITY OF HUNTSVILLE, 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 111, asphalt surfact course with curb
and gutter
Cost of curb and gutter per front foot $$1.75
Cost of Paving 1.2
Total cost per front foot U.00
PROPERTY OWNER DESCRIPTION FRONTAGE TOUL COST
East Side of Avenue N
J. P. Crockett Described in deed of record in
Vol. 69, page 451, WCDR 211. feet 633.00
C. E. Hall Described in deed of record in
Vel.118, page 54 , WCDR 150 Feet 450.00
Jessie McCulloch Described in deed of record in
Vol. 50, page 623, WCDR 166 feet 498.00
W. D. McAdams Described in deed of record in
I Vol. 141, page 586, WCDR 163 Febt 489.00
S. C. Leonard Described in deed of record in
Vol.141 , page 468, WCDR 95 feet 285.G0
West Side of Avenue N
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Mrs. C. H. LaCroix Described in deed of record in
Vol. 66, page 261, WCDR 200 feet 600,00
W. R. McWhorter Described in deed of record in
Vol 226, page 221, WCDR 130 feet 390.00
W. D. McAdams Described in deed of record in
Vol. 120, page 196, WCDR 165 feet 495.00
J. 0. Bankhead Described in deed of record in
Vol. 146, Page 351, iACDR 77 feet 231.00
W. W. Zwerneman Described in deed of record in
Vol 158, page 606, WCDR 159 feet 477.00
TOTAL 1516 feet $$4548.00
TOTAL COST !TO CITY 2274.00
TOTAL COST ' 6822.00
CORRECT:
CITY ENCTMER
WINEREAS, 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 accented 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 sane appear in said report,
in accordance with the ordinances heretofore entered authorizing the making
of said 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, finks,
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 so paid when due shall become as
principal and bear life 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
6hereon. Said certificates shall contain the other terms and conditions
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 deriand for the amount
thereof with interest and attorney's fees as therein provided.
Upon notion duly made and seconded, the above and foregoing ordinance
was duly adopted by the City Coui�511 of the City f Hunt le, Texq§, by
unanimous vote, this the / 5 day of
Approved this the day of 19
T�tn OR
CITY CP HUNTSVILLE, TEAS.
ATTEST
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CITY
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