ORD CC 03/05/1929 - Assessment for 11th Street improvements (2) AN ORDINANCE LEVYING AN ASSESSMENT
FOR A PART OF iTM COST OF IMPROVING
ELEVENTH STREET IN TEE CITY OF HUNTS-
VILLE, FROM THE WEST LINE OF AVENUE
0 WEST. TO WHERE STATE HIGHWAY NO.32
INTERSECTS ELEVENTH STREET FROM THE
NORTHWEST, AND STATE HIGHWAY NO.32
FROM ITS INTERSECTION WITH ELEVENTH
STREET TO THE CITY LIIUMITS OF THE CITY
OF HUNTSVILLE, TEXI`1S, FIXING A CHAR-
GE AND LIEN AGAINST THE OWNERS OF
PROPER'T'Y AND AGAINST THEIR ABUTTING
PROPERTY ON SAID STREET, AND PRO-
VIDING FOR THE ISSUANCE OF SPECIAL
CERTIFICATES OF ASSESSIVIINT UPON COM-
PI,,ETION AND ACCEPTANCE OF SAID WORK
AND THE MANNER ER OF THE COLLECTION THE-
REOF, AND DECLARING AN EMERGENCY:
WHEREAS, heretofore, on the third day of April, 19282
an Ordinance or Resolution was duly adopted by the City Council
of the City of Huntsville, ordering the improvement of Eleventh
Street., from the Nest line of Avenue 0 Nest to where State Highway
No.32 intersects said Eleventh Street from the Northwest, and
State Highway No. 32, from its intersection with Eleventh Street
to the City Limits of the City of Huntsville, Texas, by reinforced
concrete, as fully set forth in said Ordinance or Resolution,
duly adopted and entered of record by the said City Council, to
which reference is here made for full particulars; and,
WHEREAS, pursuant to said Resolution, specifications
for said improvements were prepared by D.K.Caldwell, City Engineer,
and filed with the City Council and approved and adopted by it, and,
after advertisement duly made for bids for the performance of said
work, as required by law, and after the bids so advertised for were
duly received, opened and considered by the said Council, contract
for said improvements was awarded by said City Council to Tibbetts
Construction Company, and thereafter, said Tibbetts Construction
Company entered into a contract with the City of Huntsville., Texas,
of dace the 25th day of April, 1928, and executed a Bond, with
Southern Surety Company as surety thereon, dated as of date the 21st
day of April, 1928, and said Contract and Bond were duly approved
by the City Council of the City of Huntsville, Texas, by an Ordinance
bearing date the 25th day of April, 1928; and,
WHEREAS, thereafter, in compliance with the law and
Ordinances of said City, the City Engineer filed with the City
Council his Statement or Report, showing t3.e names of the property
owners upon said Street, within the said limits above named, the
description of their property, the number of front feet owned by
each, the total cost of said improvement, the cost thereof per front
foot and the cost to each property owner, and also the estimated
cost of said improvements to the City of Huntsville and to Walker
County, said Statement possessing all the other requisites specified
in the Ordinances of said City of Huntsville, applicable thereto; anal,
WHEREAS, after filing of said Statement with the City
Council, the same was duly examined and approved, and a Resolution
was :passed by said City Council determining the necessity of making an
an�essment for part of the cost of said improvement against the
abutting property owners and their property, fixing a time and _
providing for a hearing to said property owners, their agents and
attorneys, and that such property owners, their agents and attorneys,
-2-
should be heard as to the benefits accruing to their property
by reason of said improvements., and as to any error or invalidity
in said proceedings or as to any matter or thing connected with
said improvement, said Resolution being duly adopted in compliance
with the Laws of the State of Texas and. the Ordinances of said
City of Huntsville , and Notice of said hearing was given to the
abutting property owners, as required by law; and,
WHEREAS, on the 11th day of May, 1928, after due and
lawful. notice by publication and otherwise had been given, as
required by law, said hearing to property owners was given, and
evidence and protests were heard, and the hearing was extended
and postponed to the 14th day of IvIa.y, 1928, when the interested
property owners were given further hearing with reference to said
improvement and the benefits resulting therefrom, and the burdens,
if any, resulting to the abutting property owners; and,
WHEREAS, at the conclusion of said hearing and after
all interested parties desiring to contest the proceedings, or in
any manner wishing to be heard, were heard, and all matters of
error, invalidity and inequality, or other things connected
therewith, which were called to the attention of the City Council,
having been heard and considered, the evidence in the premises,
and being of the opinion from the evidence that the assessments
hereinafter made and the charges hereby declared against the
abutting property owners and their property are just and, equitable
and that, in each case, the assessment made against any parcel of
property is less than the especial benefits accruing to said
property by reason of the enhanced value thereof, caused by said
improvement, and the City Council having considered the facts 'and
adopted: the rule of apportionment set forth below, and the division
of the cost of the improvements between said property owners and.
their property, as just and equitable and producing a substantial
equality, considering benefits arising from said improvements and
burdens imposed thereby, and said improvements having been completed
in accordance With the terms of the contract herein mentioned on
Eleventh Street Test of Avenue 0 to where State Highway No,32
intersects said Eleventh Street from the Northwest , and. on said
Eleventh Street from said intersection Nest to the City Limits
of the City of Huntsville, Texas, and having been accepted by the
City Engineer of the City of Huntsville and also having been
formally accepted by the City Council of said City, on behalf of
the City of Huntsville::
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTS-
VILLE, IN COUNCIL ASSEMBLED:
SECTION I--That, in pursuance of the Resolution and
Ordinance adopted by the City Council, authorizing the improvement
of said Street, between the limits hereinabove named, and in pursuance
of the Resolution adopting the Report of the City Engineer
computing the cost of paving said street and ±axixg fixed against
the abutting property owners on the basis named in said Resolution, and
by virtue of the powers conferred on said City with respect to
street improvements, under and by virtue of the Laws of the State
of Texas, Chapter 9, Title 28, of the Revised Civil Statutes of
Texas of 19 25,and the Ordinances and Resolutions of said City
applicable thereto , and, in accordance with Chapter 106 6f the
General. Laws of the State of Texas, enacted by the Fortieth
Legislature of Texas, at its first called .Session in 1927 , there
is and shall be hereby levied and assessed against each owner of
property below mentioned and against his or her property, below
described, the several sums of money below mentioned and
itemized for paving and curbs, and the total amount thereof set
opposite the name of each person and his or her property, the names
of said property owners, the description of their property and the
several amounts assessed against them and their property, as
corrected by the said City Council, being as follows, to-wit:
Dist of property owners and amount of assessment on Eleventh Street,
upon completion of the paving and report of the Engineer to the
City Council, recommending the acceptance of said improvement:
Mary A.Smither, Gabe Smither and E.M.Smither,- 206 feet $669.50
Gabe Smithey mar feet 874.25
T.I,.Oliphint 146 feet 474.50 206
Rosa B.Lamkin and Philip B.Lamkin 100 feet 325.00
A.T.McK:inney, Jr. 100 feet 325.00
Gene Sm,i,ther 15 feet 48.?5
Gabe Sm ther, Mary A.Smither and E.M.Smither 596 feet 1894.50
T.B.Davis 75 feet 243. 75
P.H.Bowden 75 feet 243.75
Total 05099.00
The final estimate of the Engineer for Tibbetts Construction Company
for paving on Eleventh Street in the City of Huntsville, Texas ,
being as follows, to-wits
Item - Unit uantj
Ay Price Amount
Concrete Pavement S.Y. 3157.0 2.2.5 7103.25
Int.Conc.Curb L.E. 1661.0 .55 913.55
Catch Basins Bach 4.0 38. 50 154600
Class A-Concrete CY 2650 30.00 75.00
Grading and placing pipe as per bills Attached 430.14
Engineering Cost or 5;D of $4856.19 242.81
Total 4
Less Previous Pa yments 8918.75
,2
Difference 3094,20
- 5824.55
Less Amount assessed to Property OYvners 5099.00
Amount due Contractor on this Estimate ' 725.55
Section II—That the several sums above mentioned in
Section Is herein assessed against said property owners respectively,
and the.'Lr property, are hereby, together with costs of collection
thereof , including reasonable attorneys fees if incurred, declared to
be a lien upon the said respective parcels of property against
which the same are assessed and levied, and a personal liability or
charge against the owner thereof, and that the said lien shall be a fixed
and prior lien upon said property, superior to all other liens, claims
or titles, except for lawful ad valorem, taxes; that the sums so
assessed shall be payable as follows, to-witt
In five equal installments, the first payable in cash
within thirty days after the completion of said improvement and its
acceptance by the City; the second on or before one year from the date
of such acceptance; the third on or before two years from said date;
the fourth on or before three years from said date, and the fifth on .or
before four years from said date; deferred payments shall bear interest
at the rate of eight (8) per cent per annual from date of acceptance,
Payable annually, with the provision that if default be made in the
payment- of any installment of principal or interest when due, the
whole of said assessment upon said default shall be at once due m d
payable, at the option of the said Tibbetts Construction Company, or
assigns, provided that said property owners shall have the right and
are hereby given the option to pay any or all of said deferred payments
before maturity, by payment of principal and accrued interest..
Section III--That the City of Huntsville shall not be in any
manner liable for the payment of any sum hereby assessed against any
Property owner or his property; but that the said. Tibbetts Construction
Company, or assigns, shall look solely to the said persons and their
property for the payment of the said sums, but the said City of
Huntsville shall exercise all of its pwoers under the Laws of the State
of Texas and its Ordinances necessary or proper to aid in and enforce
the collection of the said sums, and, if default shall be made in the
payment of any of said sums hereby assessed against any of said
-4-
property owners and their property, collection thereof shall be at the
option of the said Tibbetts Construction Company, or assigns, in any
Court having jurisdiction thereof, entirely at the cost and expense of
the said Tibbetts Construction Company.
Section IV--That, for the purpose of evidencing the several
sums payable by said property owners and the time and terms of
payment, and to aid in the enforcement thereof, assignable certificates
shall be issued by the City of Huntsville to the said contractor, or
assigns, upon completion and acceptance of the said work of improve-
ment, which shall be executed by the Mayor and shall be made payable
to the said Tibbetts Construction Company, or assigns, which Certifi-
cate' shall declare the said amounts and the time and terms of payment
thereof, and the said rate of interest payable thereon, and shall con-
tain the name of the owner or owners and the description of his or
her property by Lot and Block Number, or front feet thereof, or such
description as may otherwise identify the same with reference to
any other fact, and if said property be owned by an estate , then the
description thereof, as so owned, shall be sufficient, and thesaid-
Certificate shall further provide that, if default shall be made in
the payment of any installment of principal or .interest thereon when
due, then, at the option of the said Tibbetts Construction Company,
or assigns, being the holder thereof, the whole of said assessment
shell at once become due and payable and shall be collectible, with
reasonable attorneys fees and costs, if incurred, and the said
Certificate shall further set forth and evidence the said personal
liability of the owner and the lien upon his premises and shall
provide that, if default shall be made in the payment thereof, the
same may be enforced by suit, in any Court having jurisdiction,
and the said Certificate shall further recite that the proceedings
with reference to making said improvements having been regularly
had, in compliance with the terms of the Laws of the State of
Texas, and with Chapter 9 of Title 28 of the Revised Civil Statutes
of Texas of 1925 and Chapter 106 of the General Lows passed by the
Fortieth Legislature at its First Called Session and the Ordinances
and Resolutions of said City of Huntsville, and that all prerequisites
to the fixing of the lien and claim of personal liability evidenced
by such Certificates have been performed, which recitals shall be
evidence; of the facts so recited, and no further proof thereof shall
be required, and the said Certificates shall further provide that
the City of Huntsville shall, when requested so to do by the holder
of said Certificates, aid in the collection. thereof, but the City of
Huntsville shall in nowise be liable to the holder of said Certificates
in any manner for the payment of the amount evidenced by said
Certificates or for any costs or expenses in the premises.
Section V--There being a public emergency reg7airing that
this Ordinance be passed finally on the date of its introduction, \
and the same having been referred to the Special Committee on
Street Paving, and by it referred back to the City Council with
recommendation that the same be adopted, this Ordinance shall be
finally passed on the date of its introduction, this the 5th day of
March, 1929, and shall take effect immediately upon its passage and
approval by the Mayor.
PASSED JUM APPROVED, in op Council, this 5th day of
March, 1929.
AT2T✓+�S/T s
OR, CITY OF SV ILLE,TE 4S.
CITY SECRETARY,