ORD CC 04/14/1970 - Property Boundary Setting r
AN ORDINAL?CE
AN ORDINANCE CLOSING T71C HEARING GIVEN TO THE REAL AND TRUE
CVJi' ERS OF PROPERTY ABUTTING UPON STREETS IlT THE CITY OF HUNTSVILL•E,
T .XAS, `.IJITHIN T11B Ll 1T9 IIET3LI1TAFTER DEFIITZD, AS TO SPECIAL BENEFITS
TO ACCRUE TO SAID PROPERTY AND THE '_TEAL AIM TRUE OWNERS THEREOF BY
VIRTUE OF THE LTRO?T&, lri1S OF SAID STREETS WITH SAID LI_',ITS, A 'D AS
TO ADY ERROS, IBTVALIDITI:�S, OR IRREGULARITIES IN ANY OF THE PRO-
CEEDINGS OR CONTRACT THEREFOR : FINDING AITD DETER1,1INING THAT EACH `•
AT:D EVERY PARCEL OF PROPI;RTY A'•s•-TTING UPON SAID STREETS WITHII- TIt
LI_ ITS DEFILED WILL BE SPECIALLY BEIIEFITTED AND EITHA1TCED IIT VALUE
177 EXCESS OF TIP3 Ai:OT'I?" OF '21F3 COST OF SAID DIPROVE ETTTS PROPOSED
TO BE APTD AS ASSESSED AGAIPTST SAID ABUTTING PROPERTY AND THE REAL
Ai D TRIM G':J'LRS TITE7-,EOF I AND LEVYING AN ASSESS13NT FOR TIL PAYMENT
OF A PORTIOII OF 7M COSTS OF SUCII I? PROVING SAID STREETS WITHIN THE
LINTS DEFI"TED : FZXIITG A CHARGE AIdD LIEN AGAINST ALL SAID ABUTTING
l . FER'II3S, A`D THE TRliAL 41-TD TRUP: OWNERS THEREOF : AND PROVIDING FOR
T:IE I1011TER AND ;•ETHOD OF COLLECTION OF SAID ASSESSIIEn13 A1TD CERTIF-
ICATES; DECLA_iIIIG AN EPERGE,CY: AND PROVIDING THIS ORDINANCE
SHALL 1iECC1Z EFPECTIIIE Ii'11EDIATELY UPON ITS PASSAGE .
BE IT ORDAI:TED L3Y 'T 7, E CITY COIJPTCIL OF T:r3 CITY OF HUTTTSVILLE, TEXAS .
SECTION 1. The City Council of the City of Huntsville , Texas ,
f ind s ;
(a) That the City Council of the City of Huntsville , Texas ,
`ins 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 4z" asphalt base course .
Same being a distance of 15 ,636.3 ft . , that is , 72915 .2
ft . on the East side and 7,721.1 on the West side .
curbs & /
U.TTIT B. Lake Road between Highway 75 South and the Feeder Road Butt¢
of Interstate 45, to be paved 40 feet in width withconcrete/
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 , 45175 .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
iuntsville , Texas of the enactment of said above described ordi-
nance has been heretofore , to-wit : on the ,y,th-dhy of Iftb==, March
1970, filed with the County Clerk of ~Walker County, Texas , the
County in which the City of Huntsville is situated .
(c ) That the City Counc'_l caused the City Engineer to prepare
and file esti;::ates 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 firths , T)ersons , 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 br counsel, and such ordinance
directs the City �ecretary 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 required by law, on the 14th day of April, 1970, at 7:30 P. ii.
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
that a notice of hearing; had been published in the Huntsville Item
on the 19th day of March , the 26th day of MyArrh and the
2nd day of April _ 1 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 tar, rolls of sRch city and at the addresses
so shown, or if the names of such respective owners do not appear
on such rendered tax ro]w , 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 . K. 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 'nearing was then announced
by the i•iayor 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,
1470, 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 ,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 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, 1970, 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 Descriptdon Frontage Cost
Smither Nol. 129, pg. 319 763' $39052.00
4851 1,940.00
Gibbs Bros . Vol. 46, pg. 325 267' $1,068.00
2801 1,120.00,
19025 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 165f 740.00
S. R. Warner Vol. 130, pg. 344 228' $ 912.00
(Sub-Div. Plat)
J. H. Jackson Vol. 157, pg. 439 2001 $ 800.00
Bush Vol. 121, pg. 303 411.61 $1,646.40
Thomason-McAdams 1,750.6, $7,002.x0
Totals, East Side. . . 0 . . . . 0 . 6 . . . . .7,915.21 $31,66o.8o
r
i
WEST SIDE
Propert7 Owner Description Frontage Cost
Smither Vol. 129,pg. 319 763' $3,052.00
Vol. 109,pg, W70 788' I,152.00
Vol. 120,p§. 8 280' 19120.00
300' 1,200.00
It 11 300' 1,200.00
if 325' 1,300.00
it 11 28' 112.00
Mrs . Mary Smither Vol. 137, pB• 412 514' $20056.00
G. A. White Vol. 197, Pg•380 153' $ 612.00
Lloyd Hooks Vol. 179, pg. 142 100' $ 400.00
Alvin Hoke Vol. 169, pg. 264 100' $ 400.00
Aubrey Webb Vol. 195, PB• 398 100' $ 400.00
J. V. Butler Vol. 143, pg. 379 110' $ 440.00
Fred Sellers Vol. 164, Pg. 343 100' $ 400.00
E. Stephens Vol. 211, pg. 688 250' $1,000.00
G. A . White Vol. 215, Pg. 559 247' $ 988.00
118, $3 472.00
Bush Vol. 121, pg. 303 511.1 ' $2,044.40
Thomason-McAdams 1.793' $7,172.00
TOTAL - West Side: . . . . . . . . . . . 7,721.1' $30,884.40
TOTAL - BOTH SIDES . . . . . . . . . . . . .15,636.3' $62,545.20
UNIT B: Lake Road between Highway 75 South and the Feeder Road
of Interstate 459 in the City Of Huntsville, Texas , in
the P. GRAY LEAGUE, ABSTRACT NO. 24
Property owners Description Frontage Total Coat
EAST SIDE
W. E. Scott Vol. 203, pg, 777 537.0' $ 2,148.00
E. Z. Jones Vol. 2089 pg. 387 524.0' 2,096.00
W. R. Johnson Vol. 10, pg. 635 2846.21 11,384.80
Vol. 103, pg. 528
0. C. Robbins Vol. 222, pg. 238 208.71 834.80
Vol. 93, pg- 498
Charles G. Sarkis Vol . 155 , pg . 412 59 . 6 238 . 40
,17 1 ,70 .00
WEST SIDE
Silverio Martinez Vol. 145, Pg. 591 40.0' $ 160.00
Emmett L. Farris
(Deed of Trust) Vol. 112, pg-31 111.121 444-48
Vol. X, pg. 366 69.5' 278.00
Pearl Walker Ford Vol. 129, Pg• 415 158.3' 633.20
S. C. Wilson Vol. 75, pg. 284 561.2# 2,244.80
Vol. 85, pg. 254
A. R. Russell= Vol. 87, pg. 430 939.3' 3,757.20
Vol. 89, pg. 108
Vol. 87, pg. 411
Robinson Bros. Vol. 32, pg. 348 550.01 29200.00
pg. 349
pg. 350
Huntsville School Dist.
Vol. 203, pg. 789 447' 1,788.00
pg. 792
Robinson Bros. Vol. 32, pg. 348 1295.4' 5,181.60
pg. 349
pg. 350
171. 2� $1606 7.2
TOTAL BOTH SIDES 8347.32" $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 assessments 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 b. 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'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 woners 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) remainin installments to be
due and payable respectively, one (1) , two T2) , three (3) and
four (4) years from 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(8) 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-
ments 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 daye 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 same 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 may otherwise identify 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 inSalidate 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 installaabt
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
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 taxesfrom 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 saveral 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.
\I
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, notwithstanding
such owner or oxnersmay 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 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 Vernonts 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 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 streets without delay, creates an emergency and imperative
public necessity for the immediate preservation of the public
peace, health, safety and general welfare, and this Ordiannce
shall be passed and take effect as an emergency measure and be
in full force f om 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. - MAYOR
ATTEST:
CITY SECRETARY
APPROVED:
CITY ATTORNEY