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ORD CC 03/11/69 - Street ImprovementsAN ORDINANCE AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON STREETS IN THE CITY OF HUNTSVILLE, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFENED, AS TO SPECIAL BENE?ITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR: FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING ANY ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COSTS OF SUCH IMPROVING SAID STREET WITHIN THE LIKITS DEFINED: FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES,. AND THE REAL AND TRUE OWNERS THEREOF: PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES: DECLARING AN EMERGENCY: AND PROVIDING THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: SECTION 1. The City Council of the City of Huntsville, Texas, finds: (a) That the City Council of the City of Huntsville, Texas, has heretofore by Ordinance duly enacted on the 10th day of December, 1968, determined the necessity for and ordered the improvement of a portion of U. S. Highway 190 (11th Street) from the East boundary of the P. GRAY LEAGUE, Abstract No. 24, thence Westerly 3,120 feet by the installation of concrete curbs and gutters on each side thereof, within the limits therein defined, and in the manner and according to plans and specifications therefor, which plans and specifications have theretofore been approved and ddopted by the City Council. (b) That a notice duly executed in the name of the City of Huntsville, Texas, of the enactment of said above describe) ordinance has been heretofore, to -wit, on the igtr, day of December, 1968, filed with the County Clerk of Walker County, Texas, the County in which the City of Huntsville is situated. (c) That the City Council proposes to cause said improvements to be installed under its own supervision with labor and material furnished by it. (d) That the City Council caused the City Engineer to prepare and file estimates of the costs of such improvements and estimates of the amount per front f oot proposed to be assessed against the property abutting such street within the limits hereinafter defined, and against the real and true owners thereof. (e) That upon the filing of said estimates the City Council did by ordinance duly enacted on the 10th day of December, 1968, provide for and order a hearing to be held at 5 :30 P. M. o'clock on the 7th day of January, 1969, as provided by law, at which time and place all firms, persons, corporations, and estates owning or claiming any such abutting property or any interest therein,their agents and attorneys, and all other persons interested therein were to appear and be heard in person or by counsel and such ordinance direct the City Secretary to give due notice of such hearing in the manner required by law. (f) That after due publication of such notice as required by law, on on the 7th day of January, 1969, at 5 :30 P. M., said public hearing was opened and held in accordance with said ordinance and notice, at which time the following appeared and testified as follows: The City Engineer of the City of Huntsville briefly described the improvements proposed to be constructed and briefly explained XXXI the method of apportionment of cost. The City Attorney then stated that a Notice of the hearing had been published in the Huntsville Item on the 16th day, on the 19t1of December , 1968 and on the 23rc1 day of December ,, 196 4 and in the manner required by law. Mr. John Am,ick stated that the improvements to be placed along the properties envolved would in each instance increase the value of such properties by more than the cost of such improve- ments to the property owners. The Mayor then asked if there were any other parties present who desired to be heard on any matter in connection with the improvements under consideration, and found that no such parties desired to be heard. The meeting and hearing was then announced by the Mayor to be continued until the next regular meeting of the Council on January 14th , 1969. (g) That at said regular meeting of the Council on January 1413 1969, the Mayor asked if there was anyone present having any protest or comment concerning the assessments herein mentioned, and no such protest, objection, or testimony being offered as to said improvements, the assessments therefor, or as to any of the preceed- ings in reference thereto except as hereinbef ore set out, the hearing concerning the same was ordered closed; that the City Council has heard all parties who appeared and desired to be heard as to the special benefits in enhanced value to accrue to said abutting property and the real and true owners thereof as compared with the portion of the cost of constructing said improvements proposed to be assessed against the abutting property, and has heard all parties appearing and relative to such matters and relative to any errors, invalidities or irregularities in any of the proceedings and methods for said making or desiring to make such protest or objection or to offer testimony, has fully examined and considered all of said evidence, matters, testimony, and objections offered. (h) That based on the evidence, matters, test mony, and objections considered at such hearing the said City Council has determined that the properties, and each and every parcel of such property abutting upon the streets and units as hereinafter set out, will be enhanced in value and specially benefited in an amount in excess of the amount of the cost of such improvements proposed to be, and as hereinafter, assessed against each of said parcels of property, abutting upon said street, and the real and true owners thereof. (i) That said City Council is of the opinion, and finds, that the Front Foot Pin or Rule, if uniformly applied would be equitable, having in view the special benefits to the enhanced value of the respective properties. (j) That said City Council has adopted the front foot plan or rul& and has found the same to be just and equitable considering the benefits to be received and the burdens imposed thereby; and the City Council has further found upon the evidence that the assess- ments hereinafter made and the charges hereby declared against the abutting properties and the real and true owner thereof are just and equitable and that all objections and protests should be overruled and denied. SECTION 2. There being no further protest or testimony for or against or in reference to said improvements, benefits, or proceedings, said hearing granted to the real and true owners of properties abutt- ing upon said street or units, within the limits defined, and to all persons, firms, corporations, and estate awning or claiming same or any interesttherein, shall be, and the same is hereby closed, and all protests and objection whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 3. The City Council hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon the street or units hereinafter set out that the enhancement in value to accure to said property and the real and true owners thereof by virtue of the construction of said improvements in said portions of said street, will be in excess of the amount of the costs of said improvements proposed to be, and as herein assessed against said abutting properties and the real and true owners thereof; and finds that the apportionment of the costs of said improvements and the assessments herein below made are just and equitable and produce substantial equality, considering the benefits received and the burdens imposed hereby, and are in accord- ance with the Laws of the State of Texas; and further finds that all proceedings heretofore had with reference to said improvements are in all respects regular, proper and valid and that all pre- requisities to the fixing and assessment liens against said abutting properties, as hereinafter described, and the personal liability of the real and true owners thereof, whether named or correctly named herein or not have been in all things regularly had and performed in compliance with the law and the proceeding of said City Council. SECTION 4. In pursuance of said ordinance duly enacted by said City Council authorizing and ordering the improvement of said street and units as hereinbelow set out, which ordinance was passed as aforesaid, on the 10th day of December, 1968, and in pursuance of the said proceedings heretofore had and enacted by said City Council in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the Laws of the State of Texas, and particular reference to Chapter 106, of the acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article 1105 -b, Vernon's Annotated Civil Statutes of Texas, as amended, there shall be and is hereby levied, assessed, and taxed against the respective parcels of property hereinafter'described and abutting upon said street and units hereinafter set out and within the limits below defined against the real and true owners of such property whether such real and true owners be named or correctly named, or said properties be correctly described herein or not, the several sums of money hereinabelow mentioned and itemized opposite the description of the respective parcels of said property, the number of front feet of each, and the several amounts assessed against same and the real and true owners thereof, and the names of the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, to- wit: That portion of U. S. Highway 190 (11th Street) from the east boundary of the P. GRAY LEAGUE, Abstract No. 24, thence westerly 3,120 feet. NAME NORTH SIDE: GIBBS BROTHERS & COMPANY, from west 132 2.50 $330.00 boundary of Gibbs tract #I east 132' along N boundary of Hwy. 190, to W boundary of Fanny Thomas Tract, Vol. , page WCDR. FANNY THOMAS, from west boundary of 200 2.50 500.00 Fanny Thomas East 200' along n boundary of Hwy. 190 to west boundary of Charles P. Hamilton -Vol. 48, pg. 568, WCDR. FRONT FEET $PER FT. ASSESSMENT CHARLES P. HAMILTON, from west boundary of 89.5 Fanny Thomas; east 89.5 along N boundary of Hwy. 190 to W boundary of Rosemary Griffin, 12/4/68, Vol. 178, pg. 517, WCDR. ROSEMARY GRIFFIN, from west boundary of Chas. P. Hamilton east 83.5 along N boundary of the Hwy 190 to W boundary of Charles Lesser, Vol. 172, pg. 273, 9/3/55, WCDR 83.5 CHARLES LESSER, from west boundary of 54 Rosemary Griffin;east 54' along N boundary to W boundary of John Amick, Vol. 101, pg 398, WCDR JOHN AMICK, from west boundary of Charles Lesser; Blk, east 50' along north boundary of Hwy. 190 to W boundary of John Amick, 12/4/67, Vol. 210, pg 295, WCDR. 12/9/67, Vol. 210, pg. 340, WCDR. JOHN AMICK, John Amick, of Hwy. 190 C. L. Hunt, from west boundary of East 275' along N boundary to west boundary of Vol. 105, page 632, WCDR C. L. HUNT, from west boundary of John Amick; east 161' along N boundary of Hwy 190 to west boundary of R. T. Rikard, Vol. 105, page 632, WCDR R. T. RIKARD, from west boundary of Hunt; east 228' along N boundary of Hwy. 190 to west boundary of Vadie Ellisor, 3/2/35, Vol. 79, pg.333,WCDR 50 275 161 228 VADIE ELLISOR, from west boundary of 210 R.T.Rikard; east 210' along N boundary of Hwy. 190 to west boundary of Juan Hernandez, Vol.75,pge.502, Vol.58, pg. 625, WCDR JUAN HERNANDEZ, from west boundary of 107 Vadie Ellisor; east 107' along N boundary of Hwy. 190 to east property corner at Old Colony Road, 5/8/63, Vol. 181, pg. 247, WCDR. HUNTSVILLE INDEPENDENT SCHOOL DISTRICT, from Gibbs Bros. & Co. 9 ac tract deed dated 8/4/51 and recorded in Vol. 137, pg. 416, and a 1.83 ac deed dated 6/15/53 and recorded Vol. 144, pg 484, WCDR. 1,418.2 2.50 223.75 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 208.75 135.00 125.00 687.50 402.50 570.00 525.0.0 267.50 3,545.50 NORTH SIDE TOTAL 3,008.2' $7,520.50 SOUTH SIDE: J. A. JOHNSON,Vol. 178, pg 339 Vol. 184, Pg. 95, WCDR THORTEN THOMAS, Vol 82, page 421 WCDR (OHNNIE ROBERTS, Dtd. 8/12/58, Vol. 159, pg 429, WCDR HERMAN THOMPSON,Dtd. 6/25/59, Vol 164, page 205, WCDR THOMAS C. RUSHING, Dtd. 3/5/68, Vol. 211, page 657, WCDR BOTTCHER, Dtd, 1945-, Vol. 134, pg.75, WCDR. LEE DAVIS, Dtd. 4/24/50, Vol 129, pg. 251, WCDR R. A. SAENGER, Dtd. 45/20/40, Vol. 94, page 548, WCDR VADIE ELLISOR, Dtd. 9/7/40, Vol 95, page 21, WCDR BILL BRACKER, R. B. SMITHER, Dtd. 4/8/68, Vol 213, page 723, WCDR CLIFFORD GUERRANT Gibbs Bros. S. T. NIXON LOIS DAWN OAKES SOUTH SIDE TOTAL BOTH SIDES TOTAL 218 2.50 545.00 100 2.50 250.00 90 2.50 225.00 128 2.50 320.00 90 2.50 225.00 86 2.50 215.00 249.98 2.50 624.95 243.02 2.50 607.55 130 2.50 325.00 300 2.50 750.00 166.7 2.50 416.75 527 2.50 1,317.50 312.6 2.50 781.50 208.4 2.50 521.00 104.2 2.50 260.50 2,953.90 7,384.75 5,962.10 $14,905.25 SECTION 5. The omission of the improvements in any of said streets or un its as a whole shall in nowise affect nor impair the validity of the assessments in any other of said units and the omission of the improvements in any particular street or Unit in front of any parcel of property exempt from the lien of such assessments or against which a valid property assessment cannot be levied shall in nowise affect nor impaif the validity of the assessments against the other properties in such unit. SECTION 6. The several sums mentioned above in Section 4 hereof, assessed against said parcels of abutting property and the real and true owners or owner thereof, whether said owners be named or correctly named, or said properties be correctly described herein or not, together with interest there- on at the rate of six per cent per annum and with reasonable attorney's fees and all costs and expense of collection, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property against which same are assessed from and after the date said improvements were ordered by said City Council, and a personal liability and charge against the real and true owner or owners thereof, whether or not such owner or owners be named or correctly named herein, paramount and superior to all other liens, claims, or titles except for lawful ad valorem taxes; and that the sums so assessed shall be payable to the City of Huntsville, or its assigns as follows, to-wit: in five (5) equal annual installments, 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, resepctively, one (1) , two (2) three (3) and four (4) years from and after said date of completion and acceptance of said im- provements, by said City Council, deferred payments to bear interest from such date at the rate of six (6) per cent per annum, payable annually, past due installments of principal to bear 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 property abutting upon such completed and accepted unit shall be and become due and payable in install- ments 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 any installment thereof before maturity by paying principal and accrued interest to date of such payment; and provided further, that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment upon which default is made, at the option of the City of Huntsville, or its assigns, shall be and become immediately due and payable and shall be collectible, to- gether with reasonable attorney's fees and all costs and expenses of collection, if incurred. SECTION 7. If default shall be made in the payment of any of said sums herein assessed against the said parcels of property, and the real and true owner or owners thereof, collection thereof shall be enforced, at the option of the City of Huntsville, or its assigns, either by suit in any court having jurisdiction, or by sale of the property assessed as nearly as possible in the manner as may be provided by law in force in said City for the sale of property for the collection of ad valorem taxes. SECTION 8. For the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels of property, and the real and true owner or owners thereof, and the time and terms of payment, and aid in the enforce- ment thereof, assignable certificates shall be issued by the City of Huntsville, Texas, to the City of Huntsville upon the completion and acceptance any payment by the City of Huntsville for said improvements in any unit or portion of street above defined, and which certificates shall be executed by the Mayor in the Name of the City, attested by the City Clerk with the Corporate Seal, and which shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and the accept- ance of the improvements for which the certificate is issued; and shall contain the name of the apparent owner or owners as accurately as possible, and the description of the property assessed by lot and block number or front foot thereof, or such other descriptions as may otherwise identify the same, and if the said property shall be owned by an estate or firm, then to so state the fact shall be sufficient, and no error or mis- take in describing any such property or in giving the name of any owner or owners, or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificates issued in evidence thereof. The said certificate shall further provide substantially that if default shall be made in the payment of any installment of principal or interest when due, then at the option of the City of Huntsville, or its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable and shall be collectible with reasonable attorney's fees and all expenses and costs of collection, if incurred; and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or correctly named therein or not, and the lien upon such property, and that said lien is first and paramount thereon, superior to all liens, titles, and charges, except for lawful ad valorem taxes from and after the date said improvements were ordered by said City Council, and shall provide in effect, that if default shall be made in the payment thereof, the same may be enforced at the option of the City of Huntsville, or its assigns, either by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any court having jurisdiction. Said certificate shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law in force in said City and proceedings of the City Council of said City, and that all pre-requisites to the fixing of the assessment lien against the property and the personal liability of the real and true owner or owners thereof, evidenced by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited, and no further proof thereof shall be required in any court. The said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, which may be signed with the facsimile signatures of the Mayor and City Secretary. Said certificates shall further provide in effect that the City of Huntsville, Texas, shall exercise all of its lawful powers, when requested so to do by the holder of said certificates, to aid in the enforcement and collection thereof, and said certi- ficates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certi- ficates 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 not in any- wise invalidate or impair any assessment levied hereby or any certificate issued, and any such mistake, or error, invalidity, or irregularity, whether in such assessment or in the certi- ficates issued in evidence thereof, may be, but is not required to be, in order to be enforceable, corrected at any time by the City Council of the City 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 no curbs and gutters are pre- sently existing on said portion of the street to be improved according to this ordinance and it is imperative that proper curbs, gutters and drainage facilities be installed to improve said portion of said street without delay, creates an emergency and imperative public necessity for the immediate preservation of the public peace, health, safety, and general welfare, and this Ordinance shall be passed and take effect as an emergency measure and be in full force from and after its passage as provided by law, and it is so ordained. Passed this 14th day of January, 1969 by an affirmative unanimous vote of the City Council. AT Approved this 14th day of January, 1969. ITY SECRETARY APPROVED: CITY ATTORNEY