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ORD CC 04/14/70 - Property AssessmentAN ORDINANCE AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE C Ti RS OF PROPERTY AEUTT ING UPON STREETS IN THE CITY OF HUNTSVILLE, TEXAS, WITHIN;' THE UNITS HEREINAFTER INAFTER DEFILED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE 'SEAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE I;'_PR0VEMEI?TS OF SAID STREETS WITH SAID LI NTS, AND AS TO ANY ER ROS , IN`fALIDIT IES , OR IRREGULARITIES IN ANY OF THE PRO- CEEDINGS OR CONTRACT THEREFOR: FINiDING AID DETi RI1INING THAT EACH'• Al D EVERY PARCEL OF PROPERTY A -' TTIi G UPON SAID STREETS WITHIN TIE LI_ ITS DEFIN ?ED T'1ILL BE SPECIALLY BEIEFITTED AND ENHANCED IN VALUE I_; EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVENENTS PROPOSED TO LE AND AS ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AD TREE OWNERS THEREOF, AND INFWYIITG AIT ASSESSMENT FOR THE PAY= OF A PORTION OF THE COSTS OF SUCH I�: PROV.ING SAID STREETS WITHIN THE LI .ITS DEFINED: : FIXI TG A CHARGE AND LIEIT AGAINST ALL SAID ABUTTI NG r PERT IES, AND THE REAL AIID TRUE OWNERS THEREOF: AND PROVIDING FOR THErc;' - ; • ?- , „r-;' -, COLLECTION r, C'� -� .11-1 7 , TILE � iAN IER AND METHOD (T (T SAID A SESS •tEN� S AND CERTIF- ICATES: DECLARING AN EIIEVGETTCY: AND PROVIDING TIHIS ORDINANCE :HALL : ECO;E EFFECTIVE I :hE DIATELY UPON ITS PASSAGE. BE IT ORDAINED 13Y 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, :las heretofore by Ordinance duly enacted on the 10th day of February, 1970, determined the necessity for and ordered the improvement of portions of the public streets in said city as follows: UNIT A: Normal Park Road from 22nd Street to Eastham Lane to be paved 36 feet in width with concrete curbe and gutter, 12" asphalt survace of 4-" asphalt. base course. Sarre being a distance of 15,636.3 ft., that is, 7,915.2 ft. on the East side and 7,721.1 on the West side. curbs & / 'UTTIT 13: Lake Road between Highway 75 South and the Feeder Road gutter of Interstate 45, to be paved 40 feet in width With concrete/ with asphalt sufrece and adequate base coarse (asphaltic, crushed stone, or iron ore gravel depending on the best bid. Same being a distance of 8,347.32 ft., that is, 4,175.5 ft. on the East side and 4,171.82 ft. on the West side. (b) That a notice duly executed in the name of the City of Huntsville, Texas of the enactment of said above described ordi- nance has been heretofore, to-wit: on the D -day of Btethmma=lmarch 1970, filed with the County Clerk of Walker County, Texas, the County in which the City of Huntsville is situated. (c) That the City Council caused the City Engineer to prepare and file esti: :_:aces of the costs of such improvements and the esti- mates of the amount per front foot proposed to be assessed against the property abutting such streets within the limits hereinafter defined, and against the real and true owners thereof. (d) That the City Council proposes to cause said improvements to be installed by contract on bids submitted to it for all labor and material to be furnished by the contractor. (e) That upon the filing of said estimates the City Council did by ordinance duly enated on the 10th day of March, 1970, provide for and order a hearing to be held at 7:30 o'clock P. M. on the 14th day of April, 1970, 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 bV counsel, and such ordinance directs the City secretary to give due notice of such hearing in the manner required by law. (f) That after due publication of such notice and written notice as requi ,ed by law, on the 14th day of April, 1970, at 7:30 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 the method of apportionment of costs. The City Attorney then stated t:liat a notice of hearing had been published in the Huntsville Item on the 19th day of March , the 26th day of March and the 2nd day of April , 1970, and in the manner required by law and written notices given by depositing in the United States Mail at least 14 days before the date of hearing, postage prepaid in an envelope addressed to the owners of the respective property abutting such streets, as the names of such owners are shown on the then current rendered tax rolls of such city and at the addresses so shown, or if the names of such respective owners do not appear on such rendered tax roles, then addressed to such owners as their names are shown on the current unrendered rolls of the City at the addresses shown thereon. Mr. Doyle F. McAdams and Mr. W. T. Robinson each 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 improvements 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 im- provements under consieration, 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 regular meeting of the Council on the 14th day of April, 1970. (g) That at said regular meeting of the Council of March 10, 1970, the Mayor asked if therewas 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 pro- ceedings in reference thereto except as hereinbefore 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 ithor.eo_f 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 objec- tions offered. (h) That based on the evidence, matters, testimony and objec- tions 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 the said parcels of property abutting upon said streets, and the real and true owners thereof. (i) That said :City Council is of the opinion, and finds, that the Front Foot Plan 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 Rule and has found the same to be just and equitable considering the benefits to be received and the burdend imposed thereby; and the City Council has further found upon the evidence that the assessments hereinafter made and the charges hereby declared against the abutting properties and the real and true owner there of 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 pro- ceedings, said hearing granted to the real and true owners of properties abutting upon said streets or units, within the limits defined, and to all persons, firms, corporations, and estate owning or claiming same or any interest therein, shall be, and the same is hereby closed, and all protests and abjections 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 streets or units hereinafter set out that the enhancement in value to accrue to said property and the real and true ownersthereof by virtue of the construction of said improvements in said portions of said streets, 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 hereinbelow made are just and equitable and produce substantial equality, considering the _ benefits recived and the burdens inposed hereby, and are in accordance 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 prerequisites 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 preceeding of said City Council. SECTION 4. In pursuance of said Ordinance duly enacted by said City Council authorizing and ordering the improvements of said Streets and units as hereinbelow set out, which ordinance was passed as aforesaid, on the 15th day of February, 19 70, 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 streets improvements by the Laws of theState 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, thereshall be and is hereby levied, assessed, and taxes against the respective parcels of property hereinafter described and abutting upon said streets 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 hereinbelow 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: UNIT A: Normal Park Road from 22nd Street to Eastham Lane in the City of Huntsville, Texas, in the P. GRAY LEAGUE, ABSTRACT NO. 24., on the East and West side. EAST SIDE Property Owner Deecript6on Frontage Cost Smither Nol. 129, pg. 319 763' $3,052.00 485' 1,940.00 Gibbs Bros. Vol. 46, pg. 325 267' $1,068.00 280' 1,120.00, 1,025 4,100.00' 42' 168.00 Glyn Turner Vol. 184, pg. 249 490' $1,960.00 Mrs. Ray Black Vol. 115, pg. 554 1,788 %7,152.00 Ben Blalock Vol. 160, pg. 251 185' 740.00 S. R. Warner Vol. 130, pg. 344 228' $ 912.00 (Sub -Div. Plat) J. H. Jackson Vol. 157, pg. 439 200' $ 800.00 Bush Vol. 121, pg. 303 411.6' $1,646.40 Thomason - McAdams - 1,750.6' $7,002.60 Totals, East Side .......... ......7,915.2' $31,660.80 WEST SIDE Property Owner Description Frontage Smither Mrs. Mary Smither G. A. White Lloyd Hooks Alvin Hoke Aubrey Webb J. V. Butler Fred Sellers E. Stephens G. A. White Bush Thomason - McAdams TOTAL - West Side" TOTAL - BOTH SIDES Vol. 129,pg. 319 Vol. 109,pg. 170 Vol. 120,pg. 158 It it it tt It it Vol. 137, pg. 412 Vol. 197, pg.380 Vol. 179, pg. 142 Vol. 169, pg. 264 Vol. 195, pg. 398 vol. 143, pg. 379 Vol. 164, pg. 343 Vol. 211, pg. 688 vol. 215, pg. 559 Vol. 121, pg. 303 788' 280' 300' 300' 325' 28' 514' 153' 100' 100' 100' 110' 100' 250' 841' 118' 511.1' 1,793' 7,721.1' 15,636.31 • Cos t $3,052.00 ),152.00 1,120.00 1,200.00 1,200.00 1,300.00 112.Q0 $2,056.00 $ 612.00 $ 400.00 $ 400.00 $ 400.00 $ 440.00 $ 400.00 $1,000.00 988.0o 3,364.00 $ 472.00 $2,044.40 $7,172.00 $30,884.40 $62,545.20 UNIT B: Lake Road between Highway 75 South and the Feeder Road of Interstate 45, in the City df Huntsville, Texas, in the P. GRAY LEAGUE, ABSTRACT NO. 24 Property owners Description Frontage EAST SIDE W. E. Scbtt Vol. 203, pg, 777 537.01 E. Z. Jones Vol. 208, pg. 387 524.0' W. R. Johnson Vol. 10, pg. 635 2846.21 Vol. 103, pg. 528 Q. C. Robbins Vol. 222, pg. 238 208.71 Vol. 93, pg. 498 Charles G. Sarkis Vol. 155, pg. 412 59.6 x,175.5' Total Coat $ 2,148.00 2,096.00 11,384.80 834.'80 238.40 $16,702.00 WEST SIDE Silverio Martinez Vol. 145, pg. 591 40.01 $ 160.00 Emmett L. Farris (Deed of Trust) Vol. 112, pg.31 111.121 Vol. X, pg. 366 69.5' Pearl Walker Ford Vol. 129, pg. 415 158.3 S. C. Wilson A. R. Russell= Robinson Bros. Vol. 75, pg. 284 Vol. 85, pg. 254 Vol. 87, pg. 430 Vol. 89, pg. 108 Vol. 87, pg. 411 Vol. 32, pg. 348 pg. 349 pg. 350 561.21 444.48 ( 278.00 633.20 2,244.80 939.3 3,757.20 550.01 2,200.00 Huntsville School Dist. Vol. 203, pg. 789 447' 1,788.00 pg. 792 Robinson Bros. Vol. 32, pg. 348 1295.41 5,181.60 pg. 349 , pg. 350 4171.811 $16,687.28 TOTAL BOTH SIDES 8347.3 $33,389.28 SECTION 5. The omission of the improvements in any of said streets or units as a whole shall in mowise affect nor impair the validity of the assissments in any other of said units 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 impair the validity of the assessments against the other properties in such unit. SECTION 6. The se eral sums mentioned above in Section 4 hereof, assessed against said parcels of the abutting property and the real and true owners or owner thereof, whither said owners be named or correctly named, or said properties be correctly described herein or not, together with interest thereon at the rate of six per cent per annum and with reasonable attornery'a 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 wooers be named or cor-• rectly named herein, paramount and superior to all other liens, claims, or titles except for lawful ad valorem taxed; 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 install- ments, 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 frol and after said date of completion and acceptance of said improvements, 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 Improve- ments in any unit or portion of streets above defined the assess - menta against the property abutting upon such completed and accepted units 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 assess- ments or any installemnt thereof before maturity by paying the principal and accrued interest to days of such payment, and provided further, that if default shall be made in the payment of any install- ment ofprincipal 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, together with reasonable attorney's fees and all costs and expenses of collection, if in- curred. SECTION 7. If dedault 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 cort 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 units or portion of streets 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 acdeptance of the improvements for which the certificate is issued; and shall contain the Rams 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 there- of, or such other descriptions as gay otherwise identity the same, . and if said property shall be owned by an estate or firm, then to '' so state the fact shall be sufficient, and no error or mistake in . describing any such property or in giving the name of any owner or owners, or otherwise, shall in anywise infalidate 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 installsatt 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 eft forth and evidence the personal liability of the real and true owner or owners of such property, whether name 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 taxeefrom 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 certificates may contain other and further recitals pertinent and appropriate thereto. If shall not be necessary that said certificates 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 Diner or owners of said abutting properties, notwithstanding such owner or ownersmay not be named or correctly named, and any irrigularity in the name of the property owner, or the description of any property or in the amount of any assessment, or in any other natter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and any such mistake, or error, invalidity, or irregularity, whether in such assissment or in the certificates 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 Huntsville, Texas. The total amounts assessed against the respective parcels or 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 leas 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 made and had by said City Council. SECTION 10.- :.:The fact that no curbs and gutters are presently existing on.sa_id 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 streets without delay, creates an emergency and imperative public necessity for the immediate preservation of the public peace, health, safety and general welfare, and thia Ordiannce shall be passed and take effect as an emergency measure and be in full force fnom and after its passage as provided by law, and it is so ordained. Passed this 14th day of April, 1970, by an affirmative unanimous vote of the City Council. Approved this 14th day of April, 1970. W. BEN BLALOCK, JR. - MA OR ATTEST: