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ORD CC 03/05/1929 - assessment for 11th Street improvementsVW 'VAW 3 s -- AN ORDINANCE LETZING AN ASSESSIMTT FORA PART OF iiiE COST OF IMPROVING L, T V121M 212 ; IN niE CITY OF IWINTS- VILLE, FROM THE 7 ST LINE OF AVENUE 0 WEST TO WHERE S"'ATE HIGIL AY NO.32 INTERSECTS ELEVaTH STREET FROM THE NORTHt,TST, AND STATE IiIGHWAY NO. 32o FROM ITS INTERSECTION ITH ELEV12 TH STREET TO UIr: CITY LINTS OF 'ffl.E CITY OF HUNTSVILLE, Ti,X. S, FIXING A CHAR- GE AND LIEN AGAINST iM, 04NER5 OF PROPERTY AND AGAINST THEIR .BUTTING :PROPERTY ON :;AID STREET, ISD PRO- VIDING FOR THE ISSUANCE QF SPECIAL CERTIFICATES ES OF ASSESSM1NT UPON ;COI,�- PLETION ZD ACCEP'T'ANCE OF Z. ID +ORK a:10 TCIE 1,USNI R OF THE COLLECTION THE- REOF, AND DECLARING AN ELIERGLNCY: 1'r'HEREA 3, heretofore, on the third day of April, 1928, an Ordinance or Resolution was duly adopted by the City Council of the City of Huntsville, orderinf, the improvement of '-' eventh ::street, from the Wiest line of Avenue 0 West to where ;Mate Ili, I3o.32 intersects ::,aid :eleventh Street from the Northwest, and 6tate Highway No.32, from its intersoction with Lle, vent h .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, V IE" ' =1 pursuant to said Resolu pion, specifications for said improvements were prepared by D.K.Caldwell, City 2hgineer, and filed with the City Council and approved and adopted by it, and, after advertisement duly made for bids for th perfori.mnce 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 i aproverlents 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 date the 25th day of «pril, 1928, and executed a ;3ond, with Southern ;;urety Company as surety thereon, dated as of date the 21st day of Aril, 1928, and said Contract and Bond were duly approved by the C ty Cou.ieil of the City of Huntsville, Texas, by an Ordinance bearing; 4ate the 25th day of April, 1928; and, thereafter, in compliance ..ith the law and Ordinances of said City, the City Ihgineer filed with the City Council his Statement or Re'; )ort, srowin €; t4e names of the property owners upon said atreet, within the said limits above named, the description of their property, the number of front feet owned by each, the total cost of said improvements the cost thereof per front foot and the cost to each property owner, and also the estimated cost of said improve: °,ients to the City of Huntsville and to ,eal_:er. County, said .state -,,lent possessing; all the other requisites specified in the Ordinances of said City of Huntsville, applicable thereto; and, 14UREAS, after filing of ::aid 'Aatement with the City Council, the same was duly examined and approved, and a Resolution wab, passed by said City Council determininu the necessity of raking an aBdessment 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 .ueh property owners, their af;ents and attorneys, 'WSW -2- should be heard as to the benefits accruing to Lheir troperty by reason of said improvements, and as to any error or invalidity in -,aid proceedings or as to any matter or thing connected with said improvement, :aid Resolution being duly adopted in compliance with the Laws of the State of Texas and the Ordinances of said City of Huntsville, and 11otice of -,aid hearing was -given to the abutting property owners, as required by law; and, VMERE1159 on the 11th day of '.,,ay, 128, after due and A lawful notice by publication and otherwise had been iveno as required by law, said hearing to property owners was - Aven, and evidence and protests were heard, and the hearing was extended and postponed to the 14th day of 'May, 19281 when the interested property owners were given further hearing with reference to said, improveri-Bint and the benefits resulting therefrom, and the burdens, if any, resulting to the abutting property owners; and, MIX-1 ' EAS, 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 Cou,icil, having been heard and considered,, the evidence in the premises, and being of the opinion fron the evidence that the assessments hereinafter made and the charges hereby declared a,'.ainst the abutting property owners and their property are just and equitable and that, in each ca e, the assessment made against any parcel of property is less than the especial benefits its accruing to said property by reason of the enhanced value thereof, caused by said improvement, and the City Cow�lcil 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 imrrovements having been completed in accordance with the terms of the zontract herein mentioned on Eleventh 1Street West of Avenue 0 to where State hiahviay No. S2 intersects said Eleventh Street from the Northwest, and on said Eleventh Street from said intersection lest t6 the City Li,Mits of the City of H,,intsville, Texas, and having been accepted by the City Engineer of the City of Huntsville vmd also having been formally accepted by the City Council of said City, on behalf of the City of I-T.untsville: Mlai;ZORE9 BE IT ORDAIN BY TH.� CITY COUNCIL OF nlE CITY OF HUNTS- VILLEs IN COUNCIL AS6EIMLE D: SECTION I--That) in pursuance: of the Resolution and Ordinance adopted by the City Council, authorizing the inproverient of said Street, between the limits hereinabove named, and in pursuance of the Resolution adopting the Report of the City Ln,­ineer computing the cost of paving said street and ±±xix fixed against the abutting property orniers on the basis named in said Resolution, and by virtue of the powers conferred on said City with respect to street improve-meents, under and by virtue of ,he Laws of the I'Lltate of Texas, Chapter 9, Title 1218, of the Revised Civil Statutes of Texas of 1925,and the Ordinances and Resolutions of said City applicable thereto, and, in accordance with Chapter 106 bf 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 2aid property owners, the description of their property and the several amounts assessed against them and their property, as corrected by ',he said City Council, being as follows, to-wit: VW "0+ ,NO List of property owners and =ount of assessment on 1;laventh •-Itreetp upon completion of the paving and report of the Engineer to the City Council, reeomanding the acceptance of said improvements Mary Gabe Smither T*L*0liphint Gabe &-tither and Bona BaLmukin and Philip B*Lw*.In A*TeMcK1=iW# Jr* Gene smithw - Gabe amither# Mary Aosmither and ToBoDavis P,H*Bowden -11*3mithorp 206 feet -'*eet 146 feet 1©Q' feet 160 feet 15 feet 4 , '­*Mosmither 586 feet 75 feet 75 feat Total 660 0 50 874,25 4 74, 5,, 325* ;_'Q 325,00 48*75 1894* 50 `'43.75 ::?4 3 * 7 5 2'45099000 The fin l estinate of the engineer for Tibbetts Construction Company for priving on N'leventh Street in the City of Ituntevilles TexAev being ae follows# to-wits Alm unit Concrete Pavement 3*Y, 3157.0 2.25 ;"7103.25 Int. Conc. Curb L.F. 1661*0 055 013*55 Catch Basins Bach 4*0 38,00 Class *.Concrete CY 2050 30.00 75 " UO Gr,.ading and pL-Acing pWje.av per bills %ttached 430.14 Nn gineering Cost or o %,4356919 k.) Total 3918,75 Leos Previous V�ents Difference 5824*55 Less Amount Assessed to 2roperty Ootnern 50922100 Amount due Contractor on this 13stimite I 1 725,55 Section U• -That the several oms above mentioned in Section X# herein assessed ai,.,ainst said property owners respectively# and their property# are hereby-9 together with coats of collection the t,cofp including. reasonable attorneys fees if incurred# declared to be a lien upon the said reopective parcels of property against which the came are apsoesed and leviedo and a personal liability or cha,rG,e a'-,-tinst the mmer thereofy and that the said lien shall be zx fixed and prior lien upon said property, superior to all other liens, clRiMe or titles# except for lawful ad valorem taxenj that the sun* co assessed sliall be payable as follows, to-wits In f ive eqrmal installrients# the f trot pnyable in cash within thirty day:: after the completion of aid improvement and its acceptance by the City; the second on or before one year fron. the date of such acceptance; the third on or before two years from said date the fourth on or before three years from uaid date# and the fifth onlor before four years from said date; deferred piyments shall bear interest at the rate of eight (8) per cent per annum. from &%te of acOoptancel, ayable annually# with the provision that if default be made in the payment of any installment of principal or inters at when due, the whole of said assessnent upon said default olvall be at once due rsvd ,,ayablep at the option of the said Tibbettz, Conetruction ConpAny,, or assigns $ provided that said propert,; wviners Wiall Xave the rij3ht and L a r re hereby , ' iven the option to pay arW or all of said deferred p?,yrjents before n-Aturity, by payment of principal and accrued interest* sec ticon III.-Tj-Lj -t the City of Huntsville ohall not be in any nnnner 11-able for the payment of any sum hereby assessed against %rw property owner or his property; but that the said Tibbetts Construction Company# or assigns, shall look solely to the said persons and tine air property for the p•ynent of the said ounsp but the Paid City of Huntsville shall qxercise all of its w- were under the Laois of the ",tate of Texae and its Ordinantea necessary or proper to aid in and enforce the collection of the said oumst andp if default shall be made in the -layment of any of said oums hereby ascesved against any of eaid -4- '.,roperty 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 CozmY,a.ray. :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, assiL;°nable certificates shall be issued by the City of Huntsville to the said contractor, or assigns, upon completion and acceptance of the said work or improve - ment, which shall be e:;ecuted by the Mayor and shall be Made payable to the said Tibbetts Construction Company, or assigner which Certifi- cate shall declare the said amounts and the time and terms of payrmertt 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 sane with reference to any other fa.ct, and U., 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 ipayraent 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 shall at once become due and payable and sh_nll be collectible, v,ith reasonable attorneys fees and costs, if incurred, and the said Certificate shall further .yet forth and evidence the said personal liability of the owner and the lien upon his premises and shall )rovide that, if default shall be made in the - payment thereof, t1r same riay be enforded 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 Ct4tut4s of Texas of 1925 and Chapter 106 of the ueneral Laws passed by the Fortieth Legislature at its First Called Cession and the Ordinances and Resolutions of said City of Iiuntsville, 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 furth� r proof thereof shill 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 t hereof, but the City of iuntsville 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 requiring that this Ordinance be passed finally on the date of its introduction, and the Name having been referred to the Special Committee on Street Paging, 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 irm:ediately upon its ��a,ssage and approval by the Lhyor. .'ASSED AND .42PROVE,D, in open Council, this 5th clay of Earch, 1929. ATTE ST s N%Y OR , CITY OF J1M4T Z ' L p ILL T � a . CITY SBCRET -'CRY.