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ORD CC 03/05/1929 - Assessment for 11th Street improvements (2) AN ORDINANCE LEVYING AN ASSESSMENT FOR A PART OF iTM COST OF IMPROVING ELEVENTH STREET IN TEE CITY OF HUNTS- VILLE, FROM THE WEST LINE OF AVENUE 0 WEST. TO WHERE STATE HIGHWAY NO.32 INTERSECTS ELEVENTH STREET FROM THE NORTHWEST, AND STATE HIGHWAY NO.32 FROM ITS INTERSECTION WITH ELEVENTH STREET TO THE CITY LIIUMITS OF THE CITY OF HUNTSVILLE, TEXI`1S, FIXING A CHAR- GE AND LIEN AGAINST THE OWNERS OF PROPER'T'Y AND AGAINST THEIR ABUTTING PROPERTY ON SAID STREET, AND PRO- VIDING FOR THE ISSUANCE OF SPECIAL CERTIFICATES OF ASSESSIVIINT UPON COM- PI,,ETION AND ACCEPTANCE OF SAID WORK AND THE MANNER ER OF THE COLLECTION THE- REOF, AND DECLARING AN EMERGENCY: WHEREAS, heretofore, on the third day of April, 19282 an Ordinance or Resolution was duly adopted by the City Council of the City of Huntsville, ordering the improvement of Eleventh Street., from the Nest line of Avenue 0 Nest to where State Highway No.32 intersects said Eleventh Street from the Northwest, and State Highway No. 32, from its intersection with Eleventh 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, WHEREAS, pursuant to said Resolution, specifications for said improvements were prepared by D.K.Caldwell, City Engineer, and filed with the City Council and approved and adopted by it, and, after advertisement duly made for bids for the performance 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 improvements 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 dace the 25th day of April, 1928, and executed a Bond, with Southern Surety Company as surety thereon, dated as of date the 21st day of April, 1928, and said Contract and Bond were duly approved by the City Council of the City of Huntsville, Texas, by an Ordinance bearing date the 25th day of April, 1928; and, WHEREAS, thereafter, in compliance with the law and Ordinances of said City, the City Engineer filed with the City Council his Statement or Report, showing t3.e names of the property owners upon said Street, within the said limits above named, the description of their property, the number of front feet owned by each, the total cost of said improvement, the cost thereof per front foot and the cost to each property owner, and also the estimated cost of said improvements to the City of Huntsville and to Walker County, said Statement possessing all the other requisites specified in the Ordinances of said City of Huntsville, applicable thereto; anal, WHEREAS, after filing of said Statement with the City Council, the same was duly examined and approved, and a Resolution was :passed by said City Council determining the necessity of making an an�essment 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 such property owners, their agents and attorneys, -2- should be heard as to the benefits accruing to their property by reason of said improvements., and as to any error or invalidity in said proceedings or as to any matter or thing connected with said improvement, said Resolution being duly adopted in compliance with the Laws of the State of Texas and. the Ordinances of said City of Huntsville , and Notice of said hearing was given to the abutting property owners, as required by law; and, WHEREAS, on the 11th day of May, 1928, after due and lawful. notice by publication and otherwise had been given, as required by law, said hearing to property owners was given, and evidence and protests were heard, and the hearing was extended and postponed to the 14th day of IvIa.y, 1928, when the interested property owners were given further hearing with reference to said improvement and the benefits resulting therefrom, and the burdens, if any, resulting to the abutting property owners; and, WHEREAS, 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 Council, having been heard and considered, the evidence in the premises, and being of the opinion from the evidence that the assessments hereinafter made and the charges hereby declared against the abutting property owners and their property are just and, equitable and that, in each case, the assessment made against any parcel of property is less than the especial benefits accruing to said property by reason of the enhanced value thereof, caused by said improvement, and the City Council 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 improvements having been completed in accordance With the terms of the contract herein mentioned on Eleventh Street Test of Avenue 0 to where State Highway No,32 intersects said Eleventh Street from the Northwest , and. on said Eleventh Street from said intersection Nest to the City Limits of the City of Huntsville, Texas, and having been accepted by the City Engineer of the City of Huntsville and also having been formally accepted by the City Council of said City, on behalf of the City of Huntsville:: THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTS- VILLE, IN COUNCIL ASSEMBLED: SECTION I--That, in pursuance of the Resolution and Ordinance adopted by the City Council, authorizing the improvement of said Street, between the limits hereinabove named, and in pursuance of the Resolution adopting the Report of the City Engineer computing the cost of paving said street and ±axixg fixed against the abutting property owners on the basis named in said Resolution, and by virtue of the powers conferred on said City with respect to street improvements, under and by virtue of the Laws of the State of Texas, Chapter 9, Title 28, of the Revised Civil Statutes of Texas of 19 25,and the Ordinances and Resolutions of said City applicable thereto , and, in accordance with Chapter 106 6f 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 said property owners, the description of their property and the several amounts assessed against them and their property, as corrected by the said City Council, being as follows, to-wit: Dist of property owners and amount of assessment on Eleventh Street, upon completion of the paving and report of the Engineer to the City Council, recommending the acceptance of said improvement: Mary A.Smither, Gabe Smither and E.M.Smither,- 206 feet $669.50 Gabe Smithey mar feet 874.25 T.I,.Oliphint 146 feet 474.50 206 Rosa B.Lamkin and Philip B.Lamkin 100 feet 325.00 A.T.McK:inney, Jr. 100 feet 325.00 Gene Sm,i,ther 15 feet 48.?5 Gabe Sm ther, Mary A.Smither and E.M.Smither 596 feet 1894.50 T.B.Davis 75 feet 243. 75 P.H.Bowden 75 feet 243.75 Total 05099.00 The final estimate of the Engineer for Tibbetts Construction Company for paving on Eleventh Street in the City of Huntsville, Texas , being as follows, to-wits Item - Unit uantj Ay Price Amount Concrete Pavement S.Y. 3157.0 2.2.5 7103.25 Int.Conc.Curb L.E. 1661.0 .55 913.55 Catch Basins Bach 4.0 38. 50 154600 Class A-Concrete CY 2650 30.00 75.00 Grading and placing pipe as per bills Attached 430.14 Engineering Cost or 5;D of $4856.19 242.81 Total 4 Less Previous Pa yments 8918.75 ,2 Difference 3094,20 - 5824.55 Less Amount assessed to Property OYvners 5099.00 Amount due Contractor on this Estimate ' 725.55 Section II—That the several sums above mentioned in Section Is herein assessed against said property owners respectively, and the.'Lr property, are hereby, together with costs of collection thereof , including reasonable attorneys fees if incurred, declared to be a lien upon the said respective parcels of property against which the same are assessed and levied, and a personal liability or charge against the owner thereof, and that the said lien shall be a fixed and prior lien upon said property, superior to all other liens, claims or titles, except for lawful ad valorem, taxes; that the sums so assessed shall be payable as follows, to-witt In five equal installments, the first payable in cash within thirty days after the completion of said improvement and its acceptance by the City; the second on or before one year from the date of such acceptance; the third on or before two years from said date; the fourth on or before three years from said date, and the fifth on .or before four years from said date; deferred payments shall bear interest at the rate of eight (8) per cent per annual from date of acceptance, Payable annually, with the provision that if default be made in the payment- of any installment of principal or interest when due, the whole of said assessment upon said default shall be at once due m d payable, at the option of the said Tibbetts Construction Company, or assigns, provided that said property owners shall have the right and are hereby given the option to pay any or all of said deferred payments before maturity, by payment of principal and accrued interest.. Section III--That the City of Huntsville shall not be in any manner liable for the payment of any sum hereby assessed against any Property owner or his property; but that the said. Tibbetts Construction Company, or assigns, shall look solely to the said persons and their property for the payment of the said sums, but the said City of Huntsville shall exercise all of its pwoers under the Laws of the State of Texas and its Ordinances necessary or proper to aid in and enforce the collection of the said sums, and, if default shall be made in the payment of any of said sums hereby assessed against any of said -4- property 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 Company. 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, assignable certificates shall be issued by the City of Huntsville to the said contractor, or assigns, upon completion and acceptance of the said work of improve- ment, which shall be executed by the Mayor and shall be made payable to the said Tibbetts Construction Company, or assigns, which Certifi- cate' shall declare the said amounts and the time and terms of payment 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 same with reference to any other fact, and if 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 payment 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 shell at once become due and payable and shall be collectible, with reasonable attorneys fees and costs, if incurred, and the said Certificate shall further set forth and evidence the said personal liability of the owner and the lien upon his premises and shall provide that, if default shall be made in the payment thereof, the same may be enforced 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 Statutes of Texas of 1925 and Chapter 106 of the General Lows passed by the Fortieth Legislature at its First Called Session and the Ordinances and Resolutions of said City of Huntsville, 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 further proof thereof shall 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. thereof, but the City of Huntsville 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 reg7airing that this Ordinance be passed finally on the date of its introduction, \ and the same having been referred to the Special Committee on Street Paving, 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 immediately upon its passage and approval by the Mayor. PASSED JUM APPROVED, in op Council, this 5th day of March, 1929. AT2T✓+�S/T s OR, CITY OF SV ILLE,TE 4S. CITY SECRETARY,