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ORD CC before 05/11/1928 - street improvement levy assessment• AN ORD,' CL' DETBR=- ITING THE 11ECE SITY OP' ILVYIIIG AN AS ESSIu9ENT AGAINST THE PROPERTY AIM T HE Or-aWS THEREOF IN THE CITY 1'3 HUIITSVI LIE, TEXAS, ABUTTIIG UPON TIM' STR11MTS AIM PARTS OF STREETS HL+'REINAFTZ'It mum 5, FOR PART OF TIC; COST OF Iii 'BREW SAID S ''I`S, AIPIROVING TIM, REPORT OF TIM CITY ENGII, 'R SETTING FORTH THE NAI:S OF Thy O1i1,R$ OF TFiE PROPERTY ABUTTING ON , THE AI:'�OUNT OF THEIR SAID STR�,TS, AND ON SAID ST TS SAID PROPERTY SO ABUTTING PAV , RESPECTI VE'LY, Tia COST 0 l�T PER FRONT FOOT UVD �R TIM FRO*', T- RUIZ OR FOO Vi u PLAN, ACCORDING TO THE C0I7 'TIC TOTAL � TRACT ENTE_REE �- A�OUNT OF THE PRO RATA PART OF SAID PAVING TO BE ASSES D AGAI'vST TItl PERTY OjI,]ERS , AI TIM 1 �, SE'VERA I. rR 0- F'AVI v G T O �uE 17 AI�.OMLIT OF TIM COST OF SAID D FOR BY THE CITY (C OUI�TTY ) TIM TOTAL Air OUI`TT OF Z' H�+' ENTI RL+' , AIM PAVING, FIXIidG A TIJ;Z FOR A DARING F TI�DOlijI +R,q OF SAID PROPERTY C QIICERI:I IurG TIM ING TNT; CITY CONCERNING TO GIVE I. OTr I AND DIRECT— CITY AS REgUIRED BY OTI CI, OF SAID ET RGI;NCY. LA'Yd, AND DECLARIyGI AN 4x"RE43, the City of Huntsville, Texas, has adopted the benefits of the provisions of Chapter Eleven of Title 22 of the ed Civil Statutes of Texas of 1911, by a ��' r Revy��. Jo ity vote of the legally qualified property taxpaying voters residing in said Cit ti on held on the 16th day Y' at an elec- tion of Jeceraber, 1916; and ,41E ' ,, the City Council of said City did, on the 2nd day y .' of 1anuary, 1917, after said election, ;pass an ordinance the result of said election and declaring the - declaring �r'avi si on s of said C,gapter and Title applicable to and governing the said city respects, 172- .ch o rdinance is of record in Volume .r; 0 pages a 136, i, et seq. all of the 1 of of said City Council of the f Huntsville; and 1'E�5, t °-wit, on the 3rd day of April, 1928, the City Council of `� said City of Hunt Huntsville did iZy ordinance provide for the pavement of Eleventh Street from the intersection of Avern hway ae 0 to its intersection with estate rii� ��est � �o•32, and said :estate Highway 1.0°32 from said intersection to the City Limits, with reinforced con- crete pavement 36 feet wide, one -half of the cost of said a strip aving, or p 18 feet wide, the City of Huntsville had theretofore procure to be paved o d y or at the expense of .+alker County, and by said ordi- nance did 1laiile an engineer for said Paving and did instruct said engineer to report plans and specifications for the same; and there- �2_ after, after advertising for competitive bids, the said City Council awarded a contract for the paving of said streets and parts of streets and the construction of the curbs and gutters thereof, hereinafter apedified, to t.e Tibbetts Construction Company, the lowest and 'west bidder therefor, and in pursuance to said award, did enter into a contract with said Tibbetts Construction Company for said paving and the contract and 'pond of the contractor providing for said paver!ent has been duly approved and filed with the City Secretary oft he City of Huntsville; and SpHEREAS, on the 16th day of April, 1928, the said City Coun- cil, at an adjaurned meeting, directed its City Engineer, i7.K.Caldwell to make up and file with the City Council a report of the names of ' the persons, firms or corporations owning property abutting on said streets to be -:;awed, and the amount of abutting property owned by each said person, firm or corporations e cost of said p ' th pave. ent per front foot, and the portion thereof to be paid for by the property osmers, respectively, and the total amount to be paid by the property Owners and the amount to be paid by the City, or County, and the total cost of said paving, (it slaving been determined beforehand that the City was to pay or cause to be paid by .calker County, one -half of the cost of said pavement, equal to a strip of pavement 18 feet wide, uniform with the paving of State Highway 10.32 outside the City Limits now under construction by said Tibbetts Construction Company, and that the abutting property owners pay the remaining one -half thereof, the several abutting Property y owners to pay, one - fourth of the entire cost of said Paving abutting their respective property, and the abutting property owners to pay all of the cost Of construction of curbs and gutters in front of their said property); and „z REAS, the said D.K.Caldwell, City "ngineer as aforesaid, has,in accordance aith the ordinance ordering the improveizent of the above mentioned streets and the ordinance of said City Council direct- ing him so to do, filed his report rjith the City Council as to the -3- l' cost of improvement and as to the ownership of the Property but on said streets to be improved, and the estimated Portion Y ting F of the ex- pense of said improvement for Which the pro perty oyyrers are respect- ively liable. 1 , ' ORE s -3E IT GRDAI.LM BY i IZ CITY C C�iTNCI I, OF THE CITY OF l�J1d1aVI1,�t TEXAS, that the report of the said j)•X•Cald Engineer, having been duly �ell, City Y examined, is hereby approved; and .liE IT FURTl1M OI�:� QED that -after ter a full and fair hearing is lad, as hereinafter provided for, part of the cost of said shall be Improvement assessed against the abutting property upon the streets so improved, and the owners thereof, and that the total cost of improvement shall be apportioned and said pj Laid as follo��s: (a). One -half of the total cost of said street improvement being p ment, Q, a striyo of reinforced concrete eighteen feet wide,&a being „laced on either side of the center line of said streets the entire lens the same, by the Ci t Y (or Walk gth of Walker County); (b)• One -half of the total cost of said improvement by the abutting property owners; (c)• That the cost of curbs and gutters to be placed al the abutting along C. property, shall be assessed against and paid by the owners of said abutting property; (d)• That t,e cost to each property owner shall be in t proportion Which his or her frontage he oe bears to the total frontage of the streets improved; (e). That the total cost of the construction of curbs a gutters in and front of or along he abutting atting property, shall be assessed wholly against the Owner thereof, and ao ,ainst his or Tier property; (f)• The assessment shall be a personal liability of the of such abuttin owners g property, and shall constitute a lien thereon superior to �­ ny other lien or claim except county, state and mauler al shall be enforced either b F taxes, and Y sale of said property in the manner :provided by law in the collection of' ad valorem taxes by the City.* or by suit against the owners in any Court leaving jurisdiction under the of Chapter e e s of leven of Title 22 of the revised Civil Ctatut of Texas of -4- 1911 (nova Chapter Vine of Title 28 of the Revised Civil Statutes of (g). IT,o assessment shall be made against any owner of Property or his propert abutting Y, in any event, in excess of the actual benefits to said wwner in the enhanced value of ' i s property by me improvement, as ascertained at the aforesaid hearing; ans of such (h). The part of said cost to be paid by said property owners and assessed against there and their property abutting Upon shall be in five equal installments as follows: One-fifth p said streets completion and acceptance of the work b due Capon y the City, and the balance shall be due and payable in four equal installments on or befor three and four e one, two, years, respectively, after the date of the certificate of assessment, deferred installments to bear interest at the rate Per cent per anrn of eight un froi:� date, and all past due interest shall ,itself bear interest from maturity at the rate of eight per cent per annum; providing that any property owner may pay before maturity Of the y y payment principal and the interest accrued to date of payment; and dH�`'R1►AS, according to the report =,nd statement of the City =engineer hereby approved, the total estimated cost of imuro Street fro °1ng Eleventh the intereection thereof with Avenue 0 -.lest to its inter- section with State Highway :;;0.32-., and State ?Li�;hwa i�ro � Limits, is Thirteen Thousand loo *ar rIt y •32 to the City Hundred Tnirty-_f ive and 35/100_. (413y435.35), Dollars; and the proportion and amount - t0 be assessed agair�s t the abutting Property and its owners is as follows: ;even Thousand Two Hundred = groper y- 'Owner ^ : e-T scr p -ion o ..roper y : \To. 'e `1`o as :Front: her :Assess- ' :Feet frontlment foot PAVING xSSESSAENTS ON PROPMTY ON THE EAST SIDE OF STATE HIGH - ']AY N 0.32 Gabe 6rnither,E.0:. BEGINNING at a point in the Forth 367 X3.251192.�s5 Smither and Ivlary A. boundary line of Eleventh St and the Smither East boundary line of the right of way of State Higlwlay No.32 and ex- tending in a Northwesterly direction along the 1a' boundary line of the right of way of State Hight ,,gay No. 32 to the corporate limits of the City of Huntsville ; THEZ10E in an Easterly direction at an angle of 90 Cegrees with the East boundary line of the right of -:vay of State Highway No.32, 150 feet; THENCE in a Southeasterly direction parallel to and 150 feet from the E boundary line of State Highway No. '72, to the North boundary line of Phil Bowden's property; THENCE in an direction to the Northwest corner / of the Phil Bowden lot; THENCE ,ith the crest r ,,oundary line of the Phil Bowden lot to the point of beginning. PAVING ASSESSIEA -T ON PROPERTY ON THE ''LEST SIDE OF STATE HIGH - V;AY NO. 32 Gabe Smither, E.Ml. BEGINNING at a point in the North 250 N3.25 X612.50 Smither and Mary A. boundary line of State Highway No. Smither 45 and the ',,Test boundary line of the cor:-oorate line of the City of Huntsville and e _t end ing in a i or th - erly direction uo a point where the corporate line of the City of Hunts- ville intersects the West boundary line of State Higllnay No-32; THENCE S 37 -30 E along the +`d 'boundary line of State Highway NO-32 to the No th boundary line of State Highway 45; THENCE along the North boundary line of State Highway No.45 to the point of beginning. Total amount assessed against property owners x;7292.65 Amount of City's and County's part 6142.50 Total cost of paving including curb Note: 13435.35 Assessed rate for curb per lin. ft. X0.5775 Assessed rate for pavement per sq. yd. 2.3625 Assessed rate Der front foot for paving including curb 3.25 PAVING hSSESSYI NT S ON ME SOUTH SIDE OF ELEVENTH STREET FRCM ITS INi'' -RSEC TI ON WITH AVENUE 0 TO THE VEST BOUNDARY LINE OF STATE HIGH - WAY N0. 32 :Rate : 757-al- Property Owner :Description of Property :Front :per :Assess- :Ft. front: went --- - :ft. Y-ary A.Smi. the rI A part of the P.Gray League, Ab- 206 Gabe Smither and stract No.24, described as follows: E.MI.Smither BEGIN11ING at the intersection of the dest boundary line of avenue 0 with the South boundary line of Eleventh Street and extending in a Southerly direction E.long the ,lest boundary line of Avenue 0 lb4 feet to a fence; T HENCE in a 'Jesterly direction parallel to Eleventh Street to a point on the East boundary line of the Gabe Smither property; THENCE in a Northerly direction along the uVest boundary line of the Gabe Smither pro- perty to the S boundary line of Eleventh St; THENCE in an Easter- ly direction along the S boundary line of Eleventh Street 20u feet to the point of beginning. Gabe Smither FIRST TRACT: A part of the P. Uray League, nbstract No.24: BEGINT?ING at a point in the S boundary line of Eleventh St.206 feet West of its intersection with the ':rest boundary line of Avenue 0; THENCE alone fence in a Southerly direction to a point 150 feet perpendicular distance from the S boundary line of Ele- venth Street; THENCE in a Wester- ly direction parallel to Eleventh St to the E boundary line of T.L. Oliphint lot; THENCE in a North- erly direction 150 feet along the East boundary line of '.L.Oli- phint lot to the S boundary line of Eleventh Street; THENCE in an Easterly direction 80 feet along the S boundary line of Eleventh St to the point of begirding. 03.25 669.50 269 X3.25 40874.25 (both tracts SECOND TRACT: BEGINNING at a point on the Y- '6ounO_ery line of Eleventh St and the West boundary line of A.T-McKinney,Jr. lot; T'�IENCE in a Southerly direction along the 'krest boundary line of A.T.13eKinney, Jr lot; 150 feet; THENCE in a Westerly dir- ection parallel to the center line of Eleventh St to point in the E boundary line of avenue P;THENCE in a North- ... .w Property O �ner Description of Property Gabe Smither, I:Ta.ry ii. Smither and ther. E.2di- Smi - FIRST TRACT 'BEGINS? ING at a 711-n-f`in po t e orth boundary line of Eleventh Street and the jest bourd<:ry line of Gene Smither lot and ex-ending in a 'dester- ly direction along the iTorth boundL ry line of Eleventh Street 427 feet to the Nast boundary line of ZcB. -)avis lot; THENCE in a Nothex -iy direction along the .21:_ st boundary line of Tr.B. Davis lot 150 feet;THENCE in an Easterly direction parallel to and 150 feet from the North boundary line of Eleventh St to the 4Jest boundary line of Gene Smither lot; THEITCE in a Southerly direction along the 1 est boundary line of Gene Smither lot to the point of beginning. SECOND TRACT: BEGINNING at a porn in the iTorth bou.ndE.ry line of Eleventh Street and the :lest boundary line of T.B.Davis lot and extending in a `;lesterly di-reetion along the iTorth boundary line of Eleventh Street 159 feet to East boundary line of Phil Bow - den's lot; THENCE in a ITothe rly direction along the East boundary line of Phil Bowden lot 150 feet;THENCE in an Easterly direction parallel to the North boundary line of Eleventh Street to the Northwest corner of T.B. Davis lot; TI ETCE along the West uoundary line of T.3.Davis lot 150 feet to the point of beginning. :1!0.0:r :.Hate ._-T­ot`aj :Front :per :Assessmen 'Feet :front: • foot 586 1W3.25 X1894.50 (Both tracts) T.B.DAVIS Lot 75 feet x 150 feet tWront- 75 ing on Eleventh Street, conveyed to T.B.Davis by - W.F.Smither, by deed dated l ovember 19, 19241 and_ recorded in lolume 54, pages 142 -143 of the Deed Records of calker bounty, Texas. P.H.B&11 >DEIT Lot 75 feet x 141 feet, front- 75 ing on Eleventh St, conveyed to .II.Bovvden by Gabe Smither,E.I:. Smither and .:ary A.Smither, by deed dated Jun_.ary 10, 1926, and re- corded in Volume 61, pages 14 -15, of the Deed Record:3 of Walker County Texas. X3.25 9243.75 43.25 y"243.75 :N0.0 :Ra e : TOtal Property Owner :Description of Property- :Front ;per : Assess- ' Feet ;front : ment foot erly direction along the East boun- dary line of Avenae P to the South boundary line of Eleventh St; THENCE in an Easterly direction along the South bounda_�y line of Eleventh Street 169 feet to the point of beginning. James Boyd Lamkin Pc rt of Lot NO-One in Block 58 "C" of the subdivision of the i,bercrombie plade in Huntsville, conveyed by J..'.Lamkin to James Boyd Larnkin by deed of date J&nuary 2b, 19281 and recorded in Volume 61, pages 67 and 68, of the Deed Records of walker County. T.L.Oli?ohint Lot fronting 146 feet on 146 Eleventh Street, conveyed to T.L.Oliphint by Gabe Smither and others, by deed dated July 3, 1923, and recorded in Volume 52, pages 294 -295, of the Deed Records of ;'Talker County. I.W.Lamkin, Rosa Lot 100 feet x 150 feet, fronting 100 B.Lamkin and Philip B.Lanikin on Eleventh Street, conveyed by E.L.Bramlette to L.B.Larnkin, by deed dated April 11, 1924, and recorded in Volume 31, page 545, of the Deed Records of ,walker County. 11icKinney, Jr. Lot 100 feet x 150 feet, fronting 16 o on Eleventh Street, conveyed to A.T.MicKinney, Jr., by P.E.Harris, by deed dated ,,ugust 27, 1919, and recordedin Volume 44, pages 240- 241, of the Deed Records of Walker County, Texas. Fd.VING &' SSESS ?ENTS ON PROPERTY ON TME, NORTH SIDE OF ELEVENTH STREET FROM ITS INT17IRSOCTI011 :'ITH AIE -UE U .TO THE ,TEST BOUNDARY LINE OF STATE Gene Smither HIGH AY N 0.32 Lots No.537 and 538, of fractional 15 Block Ido.e5, as shown by the man Of the City of Huntsville, being the same land as the first tract conveyed to E.:I.Smither by George Gray by deed dated September 17, 1906, and recorded in Volume 23, page 315, of the Deed Records of : alker County. 03.25 X188.50 y3.25 4474.50 cZ .25 N325.00 $3,25 4325.00 :3.25 X4645, .5" "OW TILREFORE, hE IT FURTHER 0Mxl THAT a hearing shall be given to said owners, and their agents and attorneys, and all persons interested in said matter, as to said assessments and as to the amount to be assessed against each owner and his property by reason of said improvements, and each owner shell be given a right to contest the regularity of the proceedings with reference to said improvements and the benefits of said improvement to his property, and any other matter wiith reference thereto, which hearing shall be Meld at the office of the City aecre tary of the City of A_untsvi lle, ,,alker County, State of Texas, the 11th day of _.ay, 1928, at ten O'clock A.M., at which time and place all of said owners, their agents and attorneys, and all persons interest- ed in said property, are notified to appear and be heard. kt :said hearing said owners or other persons nay appear by counsel or in person and may offer evidence at said 'nearing, and said hearing shall be adjourned from day today until fully accomplished. The City Secretary is hereby, directed to give notice of said hearing by inserting a copy of thids� least three times in some news=paper published in the aforesaid city, the first publication to be made at least ten days before the date of the hearing. '.ihe City Secretary is also directed to give further notice of said nearing by mailing to said owners, their agents or attorneys, a copy thereof, whenever the address of said owners, their agents or attorneys, is agailable on the tax records of said City. 'The fact that the aforesaid street iml)rove =: ent is important to the welfare of said City and that the actual ;work of having said contract ex- ecuted in the shortest time possible is of vital importance, and that it is now advisable to make imriediate arrange_ients for the hearing required by law, create an emergency and imperative -public necessity; that the rule requiring ordinances to be read at three several meeting and that ordinances be continued from one regular meeting to another, be suspended, and that this ordinance take effect from and after its - 'assage.