ORD CC 11/04/1931 - street improvementsAN ORDINANCE CLOSING THE HEARING AND LEVYING
ASSESS1,ENTS FOR PART OF TFE COST OF rYPROVING
A PORTION OF T EitTIETH STREET Ai'D ALSO PORTIONS
OF AVENUE Yj IIND AWIM'UE N IT: ME C I TY OF HUNTS -
VILLE, T '.ERAS, FIXING A CHARGE AND LIEN AGAINST
PROPERTY ABUTTING THE RE 01 p AND AGAINST THE
OVVT,_'ERS THEREOF, PROVIDING FOR THE COLLECTION OF
SUCH ASSI,'SSI� ;?eTS, A aD `111E ISSUANCE OF ASSIGNABLE
CERTIFICATES II EVIDENCE Ti-'E XF, AIM D CLARII G
AN EMERGENCY.
MMREAS, the City of iuntsville, '.Texas, has heretofore
ordered that the hereinafter mentioned portions of Streets and
Avenues in said City be improved by raising, grading, filling and
installing concrete curbs and paving with six inch re- enforced con-
crete pavement, Monolithic Type, together with incidentals and appur-
tenances as provided in the plans and specifications now on file in
the office of the City Secretary, and the contract for the construc-
ticr of said improvements was awarded and entered into with R. B.
Butler, said portions of Streets and Avenues being as follows, to-
wit:
Avenue 1v;
(1) Tti,entieth Street from the Test lire of Avenue L to
(2) Avenue ]'ri. from Twentieth Street to �ineteerth Street;
(3) A,,renue r: from T� entieth Street to h1ineteenth Street;
which said Streets and parts of Streets were designated as Unit 1;
and
WHER -EAS, estimates of the cost of the improvements in said
Unit I, also Units II and III, were prepared and filed and adopted
and approved by said City Council of said City, and the time and
place ras fixed for hearing to the owners of abutting property and
to all others in anywise interested, and due and proper notice of
the ti--,e, place and purpose of said hearing was given, and sa.id hear -
ing was had and held at the time and place fixed therefor, to -wait, on
the 21st day of August, 1931, at 7 o'clock P. Mr., in the Council
Chamber in the City Hall of the City of Huntsville, Texas, and at
such hearing various and sundry persons, property owmrs and inter -
ested parties, appeared and protested against said street improve-
rnent, to -wit:
Wo A. Driscoll, 1 °�. F. Bounds, S. B. Phillips, ".rs. Anna
J. Allen, 1-Irs. T. C. La,r,gham and husband, 11rs. J. h. Barris and
husband, 01. P. Crockett, J. R. Hayes, George C. Osborn, Jr., J. S.
Anders, Horace Roberts and D. A. Beard.
The contractor, 11. B. Butler, under the provisions of the
contract for said Street improvement, declined to pave the portions
of said Streets to fie improved in front of the property of the
f
ollowing of said property o,.,rers who protested, to -writ:
A. F. Bounds, S. B. Phillips, firs. Anna J. Allen, hirs.
T. C. Langham and husband, fairs. J. 11. Harris and husband, George
C. Osborn, Jr., G. L. Clark, J. S. Anders, Horace iioberts, J. R.
rayes and D. A. Beard.
It further appearing that none of the property owners on
the north end of Avenue h of said Unit e:;ecuted 1echanic's Lien
Contracts to secure the pro rata part of said improvement in front
of their respective property, the Council determined not to have
ir^ proved the forth end of said Avenue h from its intersection w: .,ith
Yineteenth Street to the South lire of the property owned by George
C. Osborn on said Street.
And said hearing was continued from the said 21st day of
August, 1931, to the 1st de.y of September, 1931, in order that all
parties desiring to be heard might be given full and fair opportunity
to be heard, and the said City Council having fully considered all
,or oiler ;ratters, is of the opinion that said hearing should be closed
and the assessments should be r�iade as herein ordained: THE'EFOIE,
BE IT ORDAIM�D BY i'I+, CITY COUI;CIL OF `''1-?+4 CITY OF 11TUTETS-
VILLE, TEAS, THAT,
I.
Said hearing as to said Unit No. I be and the s acne is here-
by closed and the said protests and objections and any and all other
protests and objections, t hether herein enumerated or rot, be and the
same are hereby overruled.
II.
That the City Council, f'ro?r the evidence; offered upon said
he:-ring, finds that the assessments herein levied should be made
and levied against the respective parcels of property abutting upon
the said portions of Streets and :venues and against the owners of
such property, and that such assessments and charges are right and
proper, and are substantially in proportion to the benefits to the
respective parcels of property by reason of the improvements in said
Unit for whi .rh such assessments are made, and that substantial jus-
tice and equality and uniformity between the respective owners of
the respective properties and between all parties concerned consider-
ing the benefits received and burdens imposed, are established and
of 'ected by reason of said assessments, and further finds that in
each case the abutting property assessed is specially benefited and
enhanced in value by reason of the improvements in said Unit upon
c:hich the particular property abutts, and for i-:hich assessment is
levied and charge made in a sum in excess of the said assessments
and charge made against the same by this ordinance, and further finds
that the apportionment of the cost of the improvement is in accord-
ance with the law in force in this City and the proceedings of the
City heretofore had v ith reference to said improvements and is in all
respects valid and regular.
iii.
There shall be and is hereby levied and assec� zed against
the parcels of property hereinbelow mentioned, and against the real
and true owners thereof, whether such ovrers be correctly named herein
or rot, the sums of money below mentioned and itemized, shown opposite
the description of the respective parcels of property; the descriptions
of the res-pective parcels of property, and the several amourts assessed
against the same, and the owners thereof , so far as such ownners are
known, being as follows:
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IV.
That the assessments so levied are for the improvements
in the particular unit upon vhich the property described abuts, and
the assessments for the improvements in one unit are in rov, :ise re-
lated to or connected IVith the improvements in any other unit, and
in making assessments and in holding said hearing the amounts assessed
for improvements in one unit have been in nowise affected by any fact
in anywise connected v; ith the improvements or the assessments there -
for in a.ny other unit.
V.
The several sums above mentioned and assessed against the
said parcels of property, and the owners thereof and interest there-
on at the rate of eight (81b) per cent per annum, together Irith reason-
able attorney!# fees and costs of collection, if incurred, are hereby
declared to be and are � ade a lien upon the respective parcels of
proy ^erty against which the same are assessed, and a personal liability
and charge against the real and true ov,ners of such property, whether
such owners be named herein or not, and the said liens shall be and
constitute the first enforceable lien and claim against the property
on which such assessments are levied and shall be a first
mount lien thereon, superior to all other liens and claims aexcejtra-
state, county and city ad valorem taxes. The sums so assessed against
th.e abutting property and the owners thereof shall be and become due
and Payable as folloy s, t o -wit
In five equal installments, due respectively on or before
ten (10) days, one (1), two (2), three (3) and four (4) years after
completion and acceptance of the improvements in the Unit upon which
the particular property a, buts, and shall ^ear interest from the date
of such completion and acceptance at the rate of 8% per annum
able annually, lrf ith each installment, so that upon the c'ompletiony
and acceptance of the improvements in a particular unit, assessments
against the property „butting upon such completed and accepted unit
shall be and become due and payable in such installments, and with
interest from the date of such completion and acceptance. = rovided,
however, th�'t any owner shall have the right to pay the entire assess-
ment, or any installment thereof, before maturity by payment of princi-
pal and accrtied interest, and provided further that if default shall
':)e made in the payment of any installment of principal or interest
promptly as the same natures, then, the entire amount of the assess-
ment upon which such default is made shall, at the option of the said
contractor, R. B. Butler, or his assigns, be and become immediately
due and payable, and shall be collectible, together with reasonable
attorney's fees and costs of collection, if incurred.
VI.
If default shall be made in the payment of any assessment,
collection thereof shall be enforced either by the sale of property
by the Tax Collector and Assessor of the City of Huntsville, as near
as possible in the manner provided for the sale of property for the
non- ?-)ayment of ad valorem taxes, or, at the option of the said
.t R. B. But l e r, or his as.si
be enforced b s y g m a, payment of said sums shall
City shall exercise all of its rla�f' competent .jurisdictior.,and said
and col ul powers to aid in the enforcement
collection of said assessments.
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VII.
The City of Huntsville shall not in any manner be liable
for payment of the sums hereby assessed a,-ainst an
the openers thereof, but the said R. B. Y property, or
look solely to such Property and t�1eBotTAButler, or his a.,,.lgns, shall
Of such assessments, but the City of Huntsviller shall fexerciiseaa11nt
Of its lawful poz,,rers to aid in the enforcement and collection of said
liens and sums and jersonal obligations,
VIII.
The total amount assessed
of abutting property, and the ov.-ners
the proceedings of the City relating
meets therefor, and is less than the
and permitted by the law in force in
against the respective parcels
thereof , is in accordance �s.7ith
to said improvements and assess -
proportion of the cost allowed
the City.
IX.
3or the purpose of evidencing the several sums assessed
against the respective parcels of abutting property and the ov:,ne-rs
thereof, and the time and terms of payment, and to aid in the enforce -
ment thereof, assignable certificates shall be issued by the City of
Huntsville upon completion and acceptance by the City of said im {prove-
rgents in each unit of improvement as the Work in such unit is com-
pleted and accepted, which certificates shall be executed by the
h-rayor in the name of the City and attested by the City Secretary with
the corporation seal: and shall be payable to R. B. Butler, or his
assigns, and shall declare the said amounts, time and terms of pay-
ment, rate of interest, and the date of completion and acceptance
of the improvements abutting such property for rhieh the certifi-
date is issued, and shall contain the name of the otf1
knodan, the description of the owner or owners, if
front feet thereof, or such other property asdmay Otherwise de or
tify 11 -.e same; and if the said property shall be owned by ansestate,
then the description of same as so O ned shall be sufficient, or if
the name of the owner be unknown, then to so s
and no error or mistake in describin7 erte will be sufficient,
name of the owner shall invalid�.Ite oar in�anyti�isetimpairnsuch1certi e
ficates or the assessments levied.
The certificates shall provide substantially that if same
shall not be paid promptly �zpon maturity, then they shall be col -
lectible with reasonable attorney's fees and costs of collection, if
incurred, and shall provide sl.abstantially that the amounts evidenced
thereby may be paid to the Collector of ''axes of the City of i-unts-
ville, 1'exa.s, who shall issue his receipt therefor, I ^Ihich shall be
evidence of such. payment upon any demand for the same, and the Col-
lector of Taxes shall deposit the sums so received by him forthwith
with the City '2reasurer to be kept and held by him in a separate fund
hereby designated as R. B. SUTLER STREET IKIPROi EZZE1 T TUIM, and when
any payment shall be made to the Tax Collector u ~on such certificate
he shall, upon presentation to him of the certificate by the Contract-
or, or other holder thereof, endorse said payment thereon, and the
Contractor, or other holder of such certificate, shall be entitled to
receive fror, the City Treasurer the amount paid, upon presentation to
him of such certificates so endorsed and credited; and such endorse-
ment and credit shall be the Treasurer's warrant for making such
payment. Such payments by the Treasurer shall be r
the holder of such certificate in I,; eceipted for by
riting and by surrender thereof
when the principal, together with accrued interest and all costs of
collection and reasonable attorney's fees, if incurred, have been
mid in full.
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Said certificate shall further recite substantially that
the ;:proceedings with reference to making the improvements to which
the particular certificate relates have been regularly had in com-
pliance with law, and that all prerequisites to the fixing of the
assessment lien against the property described in such certificate
and the personal liability of the owner or owners thereof hove been
perforr::ed, and such recitals shall be prima facie evidence of all the
matters recited in such certific=ate, and no further ,-,roof thereof
shall be required in any court. y
The said certificates may have coupons attached thereto in
evidence of each or any of the several installments thereof, or may
have coupons for ea,c'a of the first fOur installments, leaving the
main certificate to serve for the fifth coupon, which coupons may
'oe Payable either to �. 3. Butler, 01 his assigns, or to the bearer,
and may be signed ' ith the .facsimile signature of the Kayor and City
Secretary.
The said certificates shall further recite that the Uity
of Huntsville shall exercise all of its lallrful powers, when requested
so to do, to aid in the enforcer.-ient and collection thereof, and may
contain recitals substantially in accordance �,,ith the above and other
additional recitals pertinent or appropriate thereto; and it shall
not be necessary that the recitals be in the exact form above set
forth, but the substance thereof shall be sufficient. The fact that
such improvements may be omitted on that portion of the street adjacent
to any premises exempt from the lier of such assessments, shall not
in any vise invalidate, affect, or impair the lien of such assessments
upon other premises,
r'ull pot':Ter to maize ar.d levy reassessments and to correct
mistakes, errors, invalidities, or irregularities, either in the
assessments or in the certificates issued in evidence thereof, is,
in accordance with the law in force in this city, vested in the City.
X.
All assessments levied are a personal liability Fr
All chexge
against the rea 1 and true owners of the premises described, notwith-
standing such or +,hers may rot be named, or may be incorrectly named.
XI.
The assessments herein levied are made and levied under
and by virtue of the terms, powers and -,?rovisiors of an Act passed
Called at the First Called Session of the -t'`ortieth Legislature, of the State
of Texas, 'mown as Chapter 106.
XII.
The ioresent condition of said streets and avenues erdar.gers
health and safety, and it is necessary that said improvements be pro-
ceeded t1ith ihile the weather °gill permit, and the construction of
said improvements is being delayed pending the taking effect of this
ordinance, and such facts constitute and create an emergency and an
urgent public necessity requiring that the rules providing for ordin-
ances to be read more than one time, or at more than one meeting, be
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suspended, and that this ordinance be passed as and take effect as
an emergency measure, and such rules are accordingly suspended and
this ordinance is passed as and shall take effect and be in force
as an emergency measure, and shall be in force and effect im*nediately
from and after its passage.
tom.
D��ME'D AITD APPROVED this ' � W day of hovember, A. D. 1931.
ATTEST:
CITY SECEPMARY