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ORD CC 1/09/73 - Street assessmentsAN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND RUE OWNERS OF PROPERTY ABUTTING UPON STREETS IN THE CITY OF HUNTSVILLE, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINE AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND T E REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEME TS OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERROR INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDIN S OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AN EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITH N THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENH CED IN VALUE IN EXCESS OF THE AMOUNT OF THE COSTS OF SAID I - PROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAI ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF T E COSTS OF SUCH IMPROVING SAID STREET WITHIN THE LIMITS D FINED; FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROP RTIES, AND THE REAL AND TRUE OWNERS THEREOF; AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY; AND PROVIDING THI ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS P SSAGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT± OF HUNTSVILLE, TEXAS: SECTION 1. The City Council of the City of Huntsville, Texas finds: (a) That the City Council of the City of Hun sville, Texas, has heretofore by ordinance duly enacted on the 9th day of December, 1972, determined the necessity for and ordered the improvements of Certain streets, within the corpora e limits of the said City of Huntsville, Texas, in the manner an accord- ing to plans and specifications for such improvements, hich plans and specifications were heretofore approved and a opted by the City Council and which said streets and the impr vements pertaining thereto as contained in said ordinance were Ss follows: (1) (a) To pave, curb and gutter Sycamore Street from is in- tersection with U. S. Highway 190 East to its inter ection with U. S. Highway 75 South, with 5,963 feet of curb, gutter and paving on the West side of said street, and 5,941 feet of curb, gutter and paving on the East side of said street. The street is to be 41' wide, concrete curb and gutter, 2" asphalt surface, 6" base coarse, and 6" lime stabilized sub -base. (b) To pave the portion of Sycamore Street presently con- taining curb and gutter, with 1187 feet of paving or the West side of said street, and 1134 feet of paving on the East side of said street. The Street is to be 41' wide, 2" asphalt surface, 6" base coarse and 6" lime stabilized sub -base. TOTAL ESTIMATED COST OF IMPROVEMENT (2) To pave, curb and gutter Old Houston Road from its section with Loop 405 to its intersection with U. S 75 South with 4,626.8 feet of curb, gutter and pavi East side of said street, and 4,605.8 feet of curb, and paving on the East side of said street. The st to be 37' wide, concrete curb and gutter, 2" asphal face, 6" base coarse and 6" lime stabilized sub -bas TOTAL ESTIMATED COST OF IMPROVEMENT 238,000.00 Inter- Highway g on the gutter eet is • sur- 144,200.00 (3) To pave, curb and gutter with Old Houston Road to way 75 South, with 1,697 on the West side of said gutter and paving on the street is to be 37' feet asphalt surface, 6" base sub -base. Angier Road from its inter its intersection with U. S feet of curb, gutter and p street, and 1,736 feet of East side of said street. The , concrete curb and gutter, 2" coarse and 6" lime stabilized ection High - ving urb, TOTAL ESTIMATED COST OF IMPROVEMENTS (4) To pave Stern Road from its intersection with Feede of Interstate 45 to the West Boundary of Boettcher with 1,742 feet of paving on the West side of said and 1,717 feet of paving on the East side of said s The street is to be 24' wide, no curb and gutter, 2 surface, 6" base coarse. TOTAL ESTIMATED COST OF IMPROVEMENTS t -$ 62,200.00 Road )rive, street, :reet. ' asphalt (5) To pave, curb and gutter Twenty Second Street from intersection with U. S. Highway 75 South to its int section with N -1/2 Street, with 1,193 feet of curb, and paving on the North side of said street, and 1, feet of curb, gutter and paving on the South side o street. The street is to be 37' wide, concrete cur gutter, 2" asphalt surface, 6" base coarse and 6" 1 stabilized sub -base. TOTAL ESTIMATED COST OF IMPROVEMENTS $ 28,900.00 'ts r- gutter 08 said and ime $ 36,800.00 (b) That the City Council caused the City Engineer to prepare and file estimates of the costs of such improvem nts and estimates of the amount per front foot proposed to be as essed against the property abutting such streets within the li its hereinafter defined, and against the real and true owners thereof. (c) That the City Council proposes to cause said improve- ments to be installed under its own supervision with labor and material furnished by it where feasible and to otherwise request bids and let contracts for portions of curb and gutters here applicable in accordance with appropriate laws relating to contracts of such nature. (d) That upon the filing of said estimates t Council did by ordinance duly enacted on the 19th day provide for and order a hearing to be held at 3:00 P. M. on the llth day of January, 1973 ,as provided b which time and place all firms, persons,corporations an owning or claiming any such abutting property or any in therein, their agents and attorneys, and all other pers ested therein were to appear and be heard in person or and such ordinance did direct the City Secretary to giv of such hearing in the manner required by law. (e) That after due publication of such notic required by law, on the llth day of January, 1973 o'clock P.M. said public hearing was opened and held in dance with said ordinance and notice, at which time the ing appeared and testified as follows: Sam Gilstrap inquired about curb cuts and drainage and that he was not opposed to the paving ordinance. Bob McCann asked about the method of pavement and testi he was not opposed to the assessment. Mrs. Una Mae Johnson appeared in behalf of her mother, Carmichael and stated she was not opposed to the paving not feel that her mother's old age pension was sufficie payments to be made for any assessment. Joe Martinez testified that people living on Sycamore S street less than trucks and other through traffic and f assessment should be less. Mr. Mazie Farris and Juan Hernandez both inquired about schedule. The City Engineer of the City of Huntsville b cribed the improvements proposed to be constructed and explained the method of apportionment of cost. The Cit then stated that a notice of the hearing had been publi the Huntsville Item on the 22nd, 27th, and 31st days of 1972 and in the manner required b (f) That at a regular meeting of the Council the Mayor asked if there was anyone pre any protest or comment concerning the assessments herei and no such protest, objection or testimony being offer said improvements, the assessmentstherefore, or as to a proceedings in reference thereto except as hereinbefore e City of December, 197: o'clock law, at estates erest ns inter - y counsel, due notice , as at 3:00 accor- follow- estified ied that G. P. but did t to allow eet used the it that the the payment iefly des- iefly Attorney hed in December, law. on ent having mentioned, d as to y of the set out, the hearing concerning the same was ordered closed; tha the City Council has heard all parties who appeared and desired to be heard as to the special benefits in enhanced value to acrue to said abutting property and the real and true owners thereof as compared with the portion of the cost of constructin improvements proposed to be assessed against the abutti perty, and has heard all parties appearing and offering mony, together with all objections and protests relativ such matters and relative to any errors, invalidities, irregularities in any of the proceedings and method of ments for said improvements, and has given a full and f hearing to all parties making or desiring to make any s protest or objection or to offer testimony, has fully e and considered all of said evidence, matters, testimony objections offered. (g) That based on the evidence, matters,test objections considered at such hearing the said City Cou determined that the properties, and each of every parce property abutting upon the 'Streets and units as hereina out, will be enhanced in value and specially benefited amount in excess of the amount of the cost of such impr proposed to be, and as hereinafter, assessed against ea said parcels of property, abutting upon said street, an and true owners thereof. (h) That said City Council is of the opinion that the Front Foot Plan or Rule, if uniformly applied equitable, having in view the special benefits to the e value of the respective properties. (i) That said City Council has adopted the F Plan or Rule and has found the same to be just and equi considering the benefits to be received and the burdens thereby; and the City Council has further found upon th that the assessments hereinafter made and the charges h clared against the abutting properties and the real and thereof are just and equitable and that all objections should be overruled and denied. SECTION 2. There being no further protest or for or against or in reference to said improvements, be or proceedings, said hearing granted to the real and tr of properties abutting upon said street or units, withi limits herein defined, and to all persons firms, corpor and estates, owning or claiming same or any interest the be, and the same is hereby closed, and all protests and whether specifically mentioned or not, shall be, and th hereby overruled and denied. SECTION 3. The City Council hereby finds and upon the evidence heard in reference to each and every property abutting upon the street or units hereinafter that the enhancement in value to accrue to said propert real and true owners thereof by virtue of the construct improvements in said portions of said street, will be i of the amount of the costs of said improvements, propos and as herein assessed against said abutting properties real and true owners thereof; and finds that the apport the costs of said improvements and the assessments here are just and equitable and produce substantial equality the benefits received and the burdens imposed below her in accordance with the laws of the State of Texas; and that all proceedings heretofore had with reference to s are in all respects regular, proper and valid and that requisites to the fixing of the assessment liens agains abutting properties, as hereinafter described, and the liability of the real and true owners thereof, whether correctly name herein or not, have been in all things r had and performed in compliance with the law and the pr of the City Council. 4 said g pro - testi - to r ssess- ir ch amined and mony and cil has of such ter set n an vements h of the the real and finds, ould be hanced ont Foot able imposed evidence reby de- true owners nd protests testimony efits, e owners the tion ein, shall objections same are determines arcel of et out and the on of said excess d to be, and the onment of nbelow made considering by, and are urther finds id improvement 11 pre - said ersonal amed or gularly ceeding SECTION 4. In pursuant of said ordinance dul by said City Council authorizing and ordering the impro said streets and units as hereinbelow set out, which or was passed as aforesaid, on the day of pursuance of the said proceedings heretofore had and ena City Council in reference to said improvements and by v the powers vested in said City with respect to said str provements by the laws of the State of Texas, and parti ference to Chapter 106 of the acts of the First Called of the 40th Legislature of the State of Texas, known an as Article 1105 -b, Vernon's Annotated Civil Statutes of amended, there shall be and is hereby levied, assessed, against the respective parcels of property hereinafter and abutting upon said streets and units hereinafter se within the limits below defined against the real and tr of such property whether such real and true owners be n correctly name, or said properties be correctly describ or not, the several sums of money hereinbelow mentioned itemized opposite the description of the respective par said property, the number of Front Feet of each, and th amounts assessed against same and the real and true own and the names of the apparent owners thereof, all as co adjusted by said City Council being as follows on the r improvements to be made, to -wit: (a) To pave, curb and gutter Sycamore Stree intersection with U. S. Highway 190 East to its interse U. S. Highway 75 South, with.5,963 feet of curb, gutter and an additional 1,187 feet of paving on the West side street, and 5,931 feet of curb, gutter and paving, and tional 1,134 feet of paving on the East side of said st said street is located in the City of Huntsville, Walke Texas, in the P. Gray League, Abstract No. 24, and in t Survey, Abstract No. 157. WEST SIDE: NAME FRONT FOOTAGE Ellmoreto Mayo 200' Vol. 123, Page 471 Robert J. McCann 141' Vol. 242, Page 29 Joe Smith 61' Vol. 214, Page 584 W. M. Williamson 70' Robert J. McCann 135' Vol. 236, Page 21 E. J. Clendennen 150' Vol. 64, Page 556 A. Artherholt 48' Vol. 218, Page 190 B. Flournoy, Vol. 151 49' Page 49 W. C. Norwood 60' Vol. 159, Page 484 W. E. Skidmore 50' Vol. 118, Page 56 R. B. Thomason 88' Vol. 230, Page 732 Eugene Poldrack 150' Vol. 231, Page 273 T. L. Abbot 80' Vol. 229, Page 634 W. O. Winstead 150' Vol. 121, Page 123 Vol. 129, Page 329 James E. Allen 307' Vol. 74, Page 199 Joe Martinez 140' Vol. 223, Page 829 Joe Martinez 60' Vol. 227, Page 744 $ PER FT. $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 enacted ements of inance and in ted by said rtue of et im- ular re- ession shown Texas as and taxed escribed out and e owners med or d herein and els of several rs thereof, rected and spective from its tion with and paving, of said n addi- eet, which County, e E. Davids SSESSMENT 0 775.50 335.50 385.00 742.50 825.00 264.00 269.50 330.00 275.00 484.00 825.00 440.00 825.00 1,688.50 770.00 330.00 i 5 6 WEST SIDE: Continued NAME FRONT FOOTAGE $ PER FT. ASSESSMENT Mazie Farris Vol. 222, Page 509 160' $5.50 $ 880.00 Viola Hodge 73' $5.50 $ 401.50 Vol. 96, Page 496 Odessa Bradford 144' $5.50 $ 792.00 Gibbs Brothers 1721' $5.50 $ 9,465.50 Vol. 40, Page 39 Gibbs Brothers $5.50 Vol. 40, Page 39 Gibbs Brothers $5.50 Vol. 40, Page 39 Gibbs Brothers $5.50 Vol. 40, Page 39 Gibbs Brothers $5.50 Vol. 40, Page 39 University Heights Baptist Church 613' $5.50 $ 3,371.50 Vol. 227, Page 329 C. Cochrun 200' $5.50 $ 1,100.00 Vol. 114, Page 603 -4 J. C. Tomlin 180' $5.50 $ 990.00 Vol. 119, Page 16 W. M. Smotherman 459' $5.50 $ 2,524.50 Vol. 73, Page 477 Martin Whaley 100' $5.50 $ 550.00 Vol. 198, Page 553 John E. Turner 110' $5.50 $ 605.00 Vol. 224, Page 376 C. E. Funderburk 264' $5.50 $ 1,452.00 Vol. 121, Page 327 Gibbs Brothers & Co. 1187' $3.00 $ 3,561.00 Vol. 40, Page 39 TOTAL WEST SIDE: 7150' 36,35 .50 EAST SIDE: NAME Frank Moore Vol. 227, Page 467 192' $5.50 $ 1,056.00 Laura Irving 74' $5.50 $ 407.00 Vol. 143, Page 598 G. S. O. Corp, Inc 190' $5.50 $ 1,045.00 Vol. 219, Page 663 James Rustin 102' $5.50 $ 561.00 Vol. 231, Page 146 C. A. Starr 113' $5.50 $ 621.50 Vol. 231, Page 143 Juan Hernandez 201' $5.50 $ 1,105.50 Vol. 94, Page 177 Bula Carter 102' $5.50 $ 561.00 Vol. 152, Page 559 Wm. J. Spacek 50' $5.50 $ 275.00 Vol. 182, Page 348 W. M. Clepper 50' $5.50 $ 275.00 Vol. 112, Page 522 Nora Paun 50' $5.50 $ 275.00 Vol. 151, Page 621 Ronald Graves 50' $5.50 $ 275.00 Vol. 236, Page 360 Geraldine Williams 50' $5.50 $ 275.00 Vol. 211, Page 360 Dave Williams 58' $5.50 $ 319.00 Vol. 112, Page 351 R. F. Thomas 55' $5.50 $ 302.50 Vol. 117, Page 87 Sam Martinez 51' $5.50 $ 280.50 C. D. Bordelone 100' $5.50 $ 550.00 EAST SIDE: Continued NAME FRONT FOOTAGE $ PER FT. ASSESSMENT W. L. Wooderson 52' $5.50 $ 286.00 Vol. 127, Page 35 E. R. Harper 125' $5.50 $ 687.50 Vol. 126, Page 285 E. R. Harper Vol. 147, Page 273 $5.50 $ Charles Mathis 55' $5.50 $ 302.50 Vol. 128, Page 534 Ester Mae Johnson 100' $5.50 $ 550.00 Vol. 98, Page 11 R. B. Thomason 581' $5.50 $ 3,195.50 Vol. 226, Page 660 Gibbs Brothers 127' $5.50 $ 698.50 Vol. 40, Page 39 M. D. Thomas 99' $5.50 $ 544.50 Vol. 112, Page 226 M. D. Thomas 112' $5.50 $ 616.00 Vol. 127, Page 541 H. W. London 198' $5.50 $ 1,089.00 Vol. 128, Page 191 Curtis Murray 100' $5.50 $ 550.00 Vol. 160, Page 229 Steve Dawson 200' $5.50 $ 1,100.00 Vol. 229, Page 638 Steve Dawson 324' $5.50 $ 1,782.00 Vol. 299, Page 638 Steve Dawson 150' $5.50 $ 825.00 Vol. 218, Page 256 V. M. Mills 93' $5.50 $ 511.50 Vol. 180, Page 625 Joe Rash 80' $5.50 $ 440.00 Vol. 199, Page 471 Marvin Goins 94' $5.50 $ 517.00 Vol. 171, Page 80 C. E. Hollis 94' $5.50 $ 517.00 Vol. 162, Page 233 Norman G. Molitor 94' $5.50 $ 517.00 Vol. 241, page 652 W. R. Craig 94' $5.50 $ 517.00 Vol. 127, Page 620 Samuel Martinez 94' $5.50 $ 517.00 Vol. 171, Page 53 Thomas C. Murphy 94' $5.50 $ 517.00 Vol. 193, Page 41 H. H. Schipmann 100' $5.50 $ 550.00 Vol. 237, Page 632 Hugh Simmons 119' $5.50 $ 654.50 Vol. 155, Page 627 B. E. Taylor 187' $5.50 $ 1,028.50 Vol. 107, Page 341 L. C. Brumley 77' $5.50 $ 423.50 Vol. 174, Page 420 Berry L. Barnes 98' $5.50 $ 539.00 Vol. 222, Page 334 Harley E. Rex 93' $5.50 $ 511.50 Vol. 182, Page 621 L. E. Parker 130' $5.50 $ 715.00 Vol. 158, Page 119 Marvin L. Pipkin 130' $5.50 $ 715.00 Vol. 241, Page 669 Jack Williams 80' $5.50 $ 440.00 Vol. 131, Page 375 Jack Carmichal 120' $5.50 $ 660.00 Vol. 119, Page 461 Ralph E. Cole 349' $5.50 $ 1,919.50 Vol. 211, Page 251 EAST SIDE: Continued NAME FRONT FOOTAGE Gibbs Brothers & Company 1,134' Vol. 40, Page 39 TOTAL EAST SIDE: TOTAL BOTH SIDES: 7 065 $ PER FT. $3.00 SSESSMENT 4,002.00 (b) To pave, curb and gutter Old Houston Ro its intersection with Loop 405 to its intersection with Highway 75 South with 4,626.8 feet of curb, gutter and on the East side of said street, and 4,605.8 feet of cu gutter and paving on the East side of said street, whic street is located in the City of Huntsville, Walker Cou Texas, in the E. Davids Survey, Abstract No. 157. EAST SIDE: NAME FRONT FOOTAGE Gibbs Brothers 27.5' Vol. 54, Page 305 Gene Jackson Vol. 227, Page 42 Addie Bradham Vol. 157, Page 592 H. C. Allman, et ux 98.5' Vol. 247, Page 654 C. E. Hall 104.5' Vol. 219, Page 526 Mrs. G. P. Carmichal 104.5' Vol. 104, Page 305 Willie Lee Keen Vol. 55, Page 72 E. A. Boaz Vol. 137, Page 411 Charles Lynch Vol. 194, Page 510 Annie Hadnot J. L. Poteet Vol. 150, Page 538 Mrs. John F. Baker 233.0' Vol. 134, Page 182 M. F. Smith, Jr Vol. 162, Page 532 2nd Baptist Church 155.6' Vol. 164, Page 341 Clarence Laskie Vol. 116, Page 70 Richard Simmons Vol. 211, Page 474 Melvin H. Ginsel Vol. 150, Page 162 Billy H. Hamblen Vol. 161, Page 428 Calvery Baptist Church83.3' Vol. 229, Page 350 May Dell Campbell 83.3' Vol. 94, Page 181 Billy H. Hamblen Vol. 180, Page 518 John D. Hamblen Vol. 209, Page 195 John D. Hamblen Vol. 80, Page 449 Mart Jones Vol. 209, Page 179 Doyle Corley Vol. 121, Page 256 Norman Ginsel Vol. 200, Page 202 Mrs. A. T. McKinney 112.0' Vol. 170, Page 441 Mrs. J. S. Turner 290.0' Vol. 91, Page 530 66.5' 56.0' 104.0' 104.5' 68.0' 104.0' 105.0' 155.6' 185.2' 338.0' 200.0' 87.8' 83.3' 71.1' 36.0' 118.0' 86.0' 362.0' $ PER FT. $5.50 d from U. S. aving b, said ty, A SESSMENT $ 151.25 $5.50 $ 365.75 $5.50 $ 308.00 $5.50 $ 541.75 $5.50 $ 574.75 $5.50 $ 574.75 $5.50 $ 572.00 $5.50 $ 574.75 $5.50 $ 374.00 $5.50 $ 572.00 $5.50' $ 577.50 $5.50 $ 1,281.50 $5.50 $ 855.80 $5.50 $ 855.80 $5.50 $ 1,018.60 $5.50 $ 1,859.00 $5.50 $ 1,100.00 $5.50 $ 482.90 $5.50 $ 458.15 $5.50 $ 458.15 $5.50 $ 458.15 $5.50 $ 391.05 $5.50 $ 198.00 $5.50 $ 649.00 $5.50 $ 473.00 $5.50 $ 1,991.00 $5.50 $ 616.00 $5.50 $ 1,595.00 6 EAST SIDE: Continued NAME FRONT FOOTAGE $ PER FT. SSESSMENT Mrs. R. J. Ellis 70.0 $5.50 385.00 Vol. 116, Page 421 Lois E. Wilder 163.0' $5.50 896.50 Vol. 164, Page 194 Mrs. Reba Hare 60.0 $5.50 330.00 Vol. 195, Page 253 Boyd Wilder 105.0' $5.50 577.50 Vol. 209, Page 375 Nelson W. Willard 98.6' $5.50 542.30 Vol. 213, Page 329 G. A. Wooderson 97.0' $5.50 533.50 Vol. 217, Page 378 Delbert McClain 87.5' $5.50 481.25 Vol. 167, Page 305 Neil Davis 88.9' $5.50 488.95 Vol. 182, Page 317 Neil Davis 111.6' $5.50 613.80 Vol. 148, Page 40 Delbert McClain 122.0' $5.50 671.00 Vol. 247, Page 254 TOTAL EAST SIDE: 4626.8' WEST SIDE: NAME Lewis Wilburn 212.0' Vol. 207, Page 766 L. W. Mathis 319.0' Vol. 186, Page 85 Rayford Moore 315.0' Vol. 75, Page 356 Vol. 121, Page 261 Austin Sanders 115.0' Vol. 111, Page 616 J. C. Loving 75.0' Vol. 209, Page 126 Mrs. Marian L. Clark 113.3' Vol. 115, Page 248 E. Odell Knight 92.0' Vol. 182, Page 132 C. E. Garrett 117.8' Vol. 90, Page 243 G. E. Wagner 88.0' Vol. 189, Page 530 Doyle Sims 90.0' Vol. 165, Page 446 Ester Harper 27.2' Vol. 219, Page 282 Mormon Church 175.0' Vol. 151, Page 30 B. H. Johnson 179.5' Vol. 141, Page 458 P. E. Pipkin 417.0' Vol. 206, Page 299 Alex McKenzie 536.5' Vol. 53, Page 442 Vol. 66, Page 619 L. D. Mancer 316.0' Vol. 83, Page 437 H. A. Crawford 90.0' Vol. 201, Page 46 Turner O'Bannion 181.0' Vol. 193, Page 342 J. C. Boettcher 657.0' Vol. 189, Page 588 Jasper Dean 72.0' Vol. 146, Page 53 Vol. 144, Page 59 $5.50 1,166.00 $5.50 1,754.50 $5.50 1,732.50 $5.50 632.50 $5.50 412.50 $5.50 623.15 $5.50 506.00 $5.50 647.90 $5.50 484.00 $5.50 495.00 $5.50 149.60 $5.50 962.50 $5.50 987.25 $5.50 2,293.50 $5.50 2,950.75 $5.50 1,738.00 $5.50 495.00 $5.50 995.00 $5.50 3,613.50 $5.50 396.00 • 10 WEST SIDE: Continued NAME FRONT FOOTAGE $ PER FT. AS M. L. Hardy 136.0' $5.50 Vol. 214, Page 354 Vol. 214, Page 86 James O. Allen 147.5 $5.50 Vol. 172, Page 101 Vol. 215, Page 538 /Irwin Knitt 90.0 $5.50 \ Vol. 238, Page 247 Rodger Allen Jensen 44.0 $5.50 Vol. 247, Page 193 TOTAL WEST SIDE: TOTAL BOTH SIDES: (c) To pave, curb and gutter Angier Road from its in- tersection with Old Houston Road to its intersection wit U. S. Highway 75 South, with 1,697 feet of curb, gutter and pa ing on the West side of said street, and 1,736 feet of curb, gutter and paving on the East side of said street, which said s reet is located in the City of Huntsville, Walker County, Texas, in the E. Davids Survey, Abstract No. 157. WEST SIDE: NAME FRONT FOOTAGE $ PER FT. ASS+SSMENT J. V. Atkins 288' $5.50 $1, B4.00 Vol. 189, Page 376 Frank Otis 105' $5.50 $ 77.50 Vol. 108, Page 376 M. F. Smith 105' $5.50 $ 77.50 Vol. 143, Page 534 -B Earl Coleman 81' $5.50 $ 45.50 Vol. 158, Page 157 Doyle Coleman 81' $5.50 $ -45.50 Vol. 158, Page 165 L. L. Lambert 80' $5.50 $ •40.00 Vol. 170, Page 282 Roland Lucas 90' $5.50 $ 95.00 Vol. 121, Page 597 C. M. Starr 75' $5.50 $ '12.50 Vol. 215, Page 483 Gaylon Napper 75' $5.50 $ •12.50 Vol. 177, Page 550 Eunice Smith 156' $5.50 $ :58.00 Vol. 117, Page 251 P. R. Roark 80' $5.50 $ •40.00 Vol. 157, Page 155 J. H. Hickson 95' $5.50 $ '22.50 Vol. 230, Page 271 H. V. McAllister 186' $5.50 $1,123.00 Vol. 151, Page 278 Melvin Ginsel 200' $5.50 $1, 00.00 Vol. 150, Page 162 TOTAL WEST SIDE: 1697' 9, 3 .50 EAST SIDE: NAME Lewis Hillman Vol. 238, Page 675 Erta M. Strickland Vol. 176, Page 387 C. W. Becker Vol. 86, Page 148 Walter Cooksey Vol. 230, Page 646 E. C. Sims Vol. 127, Page 275 E. A. Appleton Vol. 70, Page 402 Francis H. Wallace Vol. 246. Paaa 154 375' $5.50 $2,'62.50 182' $5.50 $1,.01.00 91' $5.50 $ '00.50 75' $5.50 $ •12.50 104' $5.50 $ '72.00 104' $5.50 $ '72.00 50' $5.50 $ 75,00 EAST SIDE: Continued NAME FRONT FOOTAGE 7UEE W. Short 216' Vol. 228, Page 459 Darrell Hall 100' Vol. 214, Page 675 G. T. Whittaker 100' Vol. 115, Page 369 R. L. Wilson 150' Vol. 118, Page 589 Billy H. Hamblen 189' Vol. 161, Page 428 TOTAL EAST SIDE: 1,736' TOTAL BOTH SIDES: 3,433.0' $ PER FT. ASSESSMENT $5.50 $ 1,188.00 $5.50 $ 550.00 $5.50 $ 550.00 $5.50 $ 725.00 $5.50 $ 1,039.50 $ 9,548.00 $ 18,881.50 (d) To pave Stern Road from its intersection with Feeder Road of Interstate 45 to the West Boundary of Boettcher Drive, with 1,742 feet of paving on the West side of said street, and 1,717 feet of paving on the East side of said street, which said street is located in the City of Huntsville, Walker County, Texas, in the E. Davids Survey, Abstract No. 157. WEST SIDE: NAME FRONT FOOTAGE $ PER FT. ASSESSMENT ward Boettcher 150' $2.00 $ 300.00 Vol. 193, Page 345 Jerry Nemec $2.00 $ Vol. 180, Page 55 T. T. Thompson 897' $2.00 $ 1,794.00 Vol. 89, Page 289 Jerry Nemec 134' $2.00 $ 268.00 Vol. 204, Page 641 A. T. & T. 60' $2.00 $ 120.00 Vol. 131, Page 257 T. T. Thompson 104' $2.00 $ 208.00 Vol. 127, Page 262 Milton Kroesche 112' $2.00 $ 224.00 Vol. 192, Page 609 Ralph Davis,(V.234,p691) 285' $2.00 $ 570.00 TOTAL WEST SIDE: 1,742' 3,484.00 EAST SIDE: NAME Edward Boettcher 110' $2.00 $ 220.00 Vol. 188, Page 567 Gibbs Bros. & Co. 869' $2.00 $ 1,738.00 Vol. 40, Page 39 L. B. Baldwin 149' $2.00 $ 298.00 Vol. 183, Page136 Jerry and Marvin Nemec 64' $2.00 $ 128.00 Vol. 246, Page 508 Jerry and Marvin Nemec 145' $2.00 $ 290.00 Vol. 248, Page 712 P. H. Poe and C. L. Cater 380' $2.00 $ 760.00 Vol. 237, Page 372 TOTAL EAST SIDE: 1717' $ 3,434.00 TOTAL BOTH SIDES: 3459' $ 6,918.00 (e) To pave, curb and gutter Twenty Second Street from its intersection with U. S. Highway 75 South to its intersection with N -1/2 Street, with 1,193 feet of curb, gutter and paving on the North side of said street, and 1,208 feet of curb, gutter and paving on the South side of said street, which said street is located in the City of Huntsville, Walker County, Texas, in the P. Gray League, Abstract No. 24, and in the Malcolm Johnson Survey, Abstract No. 299. NORTH SIDE: NAME FRONT FOOTAGE J. H. Atkinson 80' Vol. 159, Page 150 Ailene Law Vol. 237, Page 608 Wayne Froelich Vol. 220, Page 673 J: 0. Reed Vol. 144, Page 636 Mrs. W. W. Zwerneman 88' Vol. 158, Page 606 S. C. Leonard Vol. 141, Page 468 F. F. Wunsch Vol. 128, Page 435 Sherri A. Blackmon Vol. 230, Page 151 Franklin Parr Vol. 126, Page 411 A. A. Sutts Vol. 123, Page 113 Frank P. Cox Vol. 106, Page 309 Charles V. Schulz Vol. 243, Page 740 Marshall Willey Vol. 245, Page 725 Lionel Mack Brewer Vol. 247, Page 497 TOTAL NORTH SIDE: 10193 80' 70' 90' 42' 50' 50' 50' 50' 100' 167' 226' 50' SOUTH SIDE: NAME S.H.S.U. Vol. 241, Page 289 S.H.S.U. Vol. 120, Page 284 S.H.S.U. Vol. 1, Page 103 S.H.S.U. Civil Minutes Records S.H.S.U. 395' Vol. 63, Page 7 Josie Scout Lodge, Inc. Vol. 80, Page 349 Josie Scout Lodge, Inc. Vol. 80, Page 352 Josie Scout Lodge, Inc. Vol. 131, Page 37 Josie Scout Lodge, Inc. Vol. 80, Page 351 Josie Scout Lodge, Inc. 387' Vol. 170, Page 306 TOTAL SOUTH SIDE: 1208' TOTAL BOTH SIDES: 80' 181' 165' 2 $ PER FT. $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 A SESS$ENT 440.00 $ 385.00 $ 495.00 $ 484.00 $ 231.00 $ 275.00 $ 275.00 $ 275.00 $ 275.00 $ 550.00 $ 918.50 $ 1,243.00 $ 275.00 $ 440.00 $ 995.80 $ 907.50 $ 2,172.50 $ 2 128.50 $ 6,644.00 iy c SECTION 5. The omission of the improvements said streets or units as a whole shall in nowise affect the validity of the assessments in any other of said un the omission of the improvements in any particular stre unit in front of any parcel of property exempt from the such assessments or against which a valid property asse cannot be levied, shall in nowise affect nor impair the of the assessments against the other properties in such SECTION 6. The several sums mentioned above 4 hereof, assessed against said parcels of the abutting and the real and true owners or owner thereof, whether be named or correctly named, or said properties be corr scribed herein or not, together with interest thereon a of six (6%) per cent per annum and with reasonable atto and all costs and expenses of collection, if incurred, declared to be and made a first and prior lien upon the parcels of property against which same are assessed fro the date said improvements were ordered by said City Co a personal liability and charge against the real and tr owners thereof, whether or not such owner or owners be correctly named herein, paramount and superior to all o claims or titles except for lawful ad valorem taxes, an sums so assessed shall be payable to the City of Huntsville, or its assigns as follows, to -wit: In five (5) equal annual i stallments, 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 respectively, one (1), two (2), three (3), and four (4) years from and after said date of completion and acceptance of said improvements, by said City Council, deferred payments t• bear in- terest from such date at the rate of six (6%) per cent •er annum, payable annually, past due installments of principal to ear 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 pro- perty abutting upon such completed and accepted unit shall be and become due and payable in installments 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 .ny install- ment thereof before maturity by paying principal and acc ued interest to date of such payment, and provided further, that if default shall be made in the payment of any installment of principal o interest when due, then the entire amount of said assessment upon which de- fault is made, at the option of the City of Huntsville, •r its assigns, shall be and become immediately due and payable and shall be collectible, together with reasonable attorney's fees and all costs and expenses of collection, if incurred. n any of nor impair 'ts and t or lien of sment validity unit. n Section property, aid owners ctly de- the rate ney's fees re hereby respective and after ncil, and e owner or amed or her liens, that the SECTION 7. If default shall be made in the pa any of said sums herein assessed against the said parcel perty, and the real and true owner or owners thereof, co thereof shall be enforced, at the option of the City of ent of of pro - lection untsville, or its assigns, either by suit in any court having juri by the sale of the property assessed as nearly as possi manner as may be provided by law in force in said City sale of property for the collection of ad valorem taxes SECTION 8. For the purpose of evidencing sai the liens securing same and the several sums assessed a said parcels of porperty and the real and true owner or thereof, and the time and terms of payment, and aid in forcement thereof, assignable certificates shall be iss City of Huntsville, Texas, to the City of Huntsville up completion and acceptance of any payment by the City of for said improvements in any unit or portion of street fined, and which certificates shall be executed by the the name of the City, attested by the City Clerk with t Seal, and which shall declare the amounts of said asses the times and terms thereof, the rate of interest there date of the completion and the acceptance of the improv which the certificate is issued, and shall contain the apparent owner or owners as accurately as possible, and cription of the property assessed by lot and block numb foot thereof, or such other descriptions as may otherwi the same, and if said property shall be owned by an est then to so state the fact shall be sufficient, and no e mistake in describing any such property or in giving th any owner or owners, or otherwise, shall in anywise inv impair the assessment levied hereby or the certificates evidence thereof. The said certificates shall further provide s that if default shall be made in the payment of any ins of principal or interest when due, then at the option o of Huntsville, or its assigns, or the holder thereof, t said assessment evidenced thereby shall at once become able and shall be collectible with reasonable attorney' all expenses and costs of collection, if incurred; and ficate shall set forth and evidence the personal liabil real and true owner or owners of such property, whether correctly named therein or not, and the lien upon such and that said lien is first and paramount thereon, supe liens, titles and charges, except for lawful ad valorem and after the date said improvements were ordered by sa Council, and shall provide in effect, that if default s in the payment thereof, the same may be enforced at the the City of Huntsville, or its assigns, either by the s property therein described,in the manner provided for t of ad valorem taxes as above recited, or by suit in any jurisdiction. Said certificate shall further recite in effe the proceedings with reference to making said improveme been regularly had in compliance with the law in force City and proceedings of the City Council of said City a prerequisites to the fixing of the assessment lien agai property and the personal liability of the real and tru owners thereof, evidenced by such certificates, have be done and performed, which recitals shall be evidence of matters and facts so recited, and no further proof ther be required in any court. The said certificates may have coupons attach in evidence of each or any of the several installments which may be signed with the facsimile signatures of th City Secretary. Said certificates shall further provide in of City of Huntsville, Texas, shall exercise all of its la when requested to do so by the holder of said certifica in the enforcement and collection thereof, and said cer may contain other and further recitals pertinent and ap thereto. It shall not be necessary that said certifica diction, or le in the or the assessments, ainst the owners he en- ed by the n the Huntsville bove de- ayor in e Corporate ments and n, the ments for ame of the the des - ✓ or front e identify to or firm, ror or name of lidate or issued in bstantially aliment the City e whole of ue and pay - fees and aid certi- ty of the named or roperty, for to all taxes from d City all be made option of le of the e collection court having t that all is have n said d that all st the owner or n regularly all the of shall d thereto hereof, Mayor and ect that the ful powers, es, to aid ificates ropriate es 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 notin anywise invalidate or impair any assessment levied hereby or any certificates issued, any any such mistake, error, invalidity, or irregularity, whether in such assessment or in the certificates issued in evidence thereof, may be, but is not required to be, in the order to be enforceable, corrected at any time by the City Council 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 the improvements called for herein indicate that on certain streets that no curbs or gutters exist and on others no paving exists on the portions of the streets to be improved according to this ordinance makes it imperative that the improvements called for herein be installed without delay and creates an emergency and imperative public necessity for the im- mediate preservation of the public health, safety and general wel- fare and that in accordance with the charter of the City of Hunts- ville, Texas, and as authorized by law, this ordinance shall be passed and take effect from and after its passage, and it is so ordained. PASSED b unanimous meeting on this day of ATT/ PPROVED ote of the City Council in regular D ,1973. City S cr ary MORRIS I. WALLER, MAYOR MARTIN D. COLLEY, City Attorney