ORD CC 03/23/1971 - Street improvementsAN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTTING UPON STREETS IN THE CITY OF HUNTS -
VILLE, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL
BENEFITS 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 ID 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 LIMITS DEFINED; FIXING A CHARGE AND LIEN AGAINST
ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF:
AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSES-
SMENTS 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 HUNTS -
VILLE, 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 23rd of February,
1971, determined the necessity for and ordered the improvements of
certain streets within the corporate limits of the said City of
Huntsville, Texas, in the manner and according to plans and speci-
fications for such improvements, which plans and specifications were
heretofore approved and adopted by the said City Council and which
said streets and the improvements pertaining thereto as contained in
said ordinance were as follows:
(1.) To pave 12th Street from Sycamore to Avenue G a
length of 1,315 feet. The Street is to be 24
wide, l2" asphalt, no curb and gutter.
TOTAL ESTIMATED COST OF IMPROVEMENTS $3,738.50
(2.) To pave 17th Street from Avenue H to 16th Street
a centerline distance of 618.2 feet. The
Street is to be 36' wide, concrete curb and
gutter, lt" asphalt surface with 4'2' asphalt
base coarse.
TOTAL ESTIMATED COST OF IMPROVEMENTS - - -- $11,102.50
To pave 10th Street from Avenue F to Avenue H
a length of 710 feet. The Street is to be 24'
wide, 1t" asphalt, no curb and gutter.
TOTAL ESTIMATED COST OF IMPROVEMENTS - -- $2,018.00
(4.) To pave Avenue H from 9th to 10th Street, a
length of 450 feet. The Street is to be 24'
wide, with no curb and gutter, and 1 "asphalt
surface coarse, crush stone base.
TOTAL ESTIMATED COST OF IMPROVEMENTS $2,760.00
(3.)
(5.)
To pave Avenue H from 10th to llth Street,
of 400 feet. The Street is to be 36' wide
curb and gutter, and 4'f" asphalt base, 1e"
surface.
TOTAL ESTIMATED COST OF IMPROVEMENTS - - - -$7
a length
, with
asphalt
,766.00
(6.) To pave Mize Street from Highway 75 North West
780 feet. The Streit is to be 36' wide, concrete
curb and gutter, 1 " asphalt surface with 4"
asphalt base coarse.
TOTAL ESTIMATED COST OF IMPROVEMENTS - -- $16,005.00
(b) That the City Council caused the City Engineer to pre-
pare and file estimates of the costs of such improvements and
estimates of the amount per front foot proposed to be assessed
against the property abutting such streets within the limits here-
inafter defined, and against the real and true owners thereof.
(c) That the City Countil proposes to cause said improve-
ments to be installed under its own supervision with labor and
material furnished by it where feasible and to otherwise request
bids and let contracts for portions of curb and gutters where appli-
cable in accordance with appropriate laws relating to contracts of
such nature.
(d) That upon the filing of said estimates the City Council
did by ordinance duly enacted on the 23rd of February, 1971, provide
for and order a hearing to be held at 7:00 P. M. o'clock on the 23rd
day of March, 1971, 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 re-
quired by law.
(e) That after due publication of such notice as required
by law, on the 23rd day of March, 1971, at 7:00 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 cost. The City Attorney then stated that
a notice of the hearing had been published in the Huntsville Item on
the 1st, 8th and 15th of March, 1971, and in the manner required by
law. John Amick, Scott Johnson and Paul Knox all testified that the
enhanced value of the property by virtue of such proposed improvements
exceeded the cost of such improvements to the respective property owners.
Mrs. Lucy Grissom testified in favor of said improvements and felt it
would enhance her property. Clyde Hall appeared to oppose such im-
provements until such time as drainage problems were corrected on Avenue
H.
(f) That at said regular meeting of the Council on
March 23, 1971, 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 therefore, 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 evi-
dence, matters, testimony, and objections offered.
(g) That based on the evidence, matters, testimony 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 the said parcels of
property, abutting upon said street, and the real and true owners
thereof.
(h) That said City Council is of the opinion, and finds,
that the Front Foot P an or Rule, if uniformly applied would be
equitable, having in view the special benefits to the enhanced value
of the respective properties.
(i) That said City Council has adopted the fron foot
plan or rule 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 assessments hereinafter made and the charges hereby de-
clared 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 abutting upon said street 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 objection . whether speci-
fically mentioned or not, shall be, and the same are hereby over-
ruled 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 accrue 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 hereinbelow made are just and
equitable and produce substantial equality, considering the benefits
received and the burdens imposed below hereby, and are in accordance
with the laws of the State of Texas; and further finds that all pro-
ceedings 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 proceeding of said City Council.
SECTION 4. In pursuance of said ordinance duly enacted
by said City Council authorizing and ordering the improvements of
said street and units as hereinbelow set out, which ordinance
was passed as aforesaid, on the 23rd day of March, 1971, 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 de-
scribed 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 on the respective improvements
to be made, to -wit:
(a) Paving 12th Street from Sycamore to Avenue G a length
of 1,315 feet which said Street is located in the City
of Huntsville, Texas, in the P. Gray League, Abst.
No. 24, on the North and South side.
NORTH SIDE:
NAME FRONT FOOTAGE
TDC, Vol. 138, Pg. 369
Robert Scarborough, Vol.
79, Page 387
M. E. Jones, Vol. 144, Pg. 639
J. H. Smith, Vol. 213, Pg. 503
H. G. Eastham Est., Probate
No. 2426, April 25, 1944
Sarah W. Staples
Ellana E. Ball
N. G. Eastham, Jr.
Allen (Tom) Wynne, Vol. 112,
Pg. 290 71.0
Allen (Tom) Wynne, Vol. 150,
Pg. 185 61.0
Allen (Tom) Wynne, Vol. 86,
Pg. 479 50.0
Hattie H. Johnson, Vol. 186,
Pg. 231 108.0
Ed Owens, Vol. 137, Pg. 339 142.8
Scott Johnson, Vol. 83, Pg. 143 75.0
Martha Williams, Vol. 108, Pg. 316 75.0
Omela Thomas Est., Probate
No. 3680 75.0
Harold Johnson, Probate
Minutes
Ellmoreto Mayo, Vol. 22, Pg.
369 -90
TOTAL NORTH SIDE
69.5
59.3
59.3
188.9
105.0
$ PER FT. ASSESSMENT
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
$ 139.00
118.60
118.60
377.80
210.00
11+2.00
122.00
100.00
216.00
285.60
150.00
150.00
150.00
1,139.8 $ 2,2- 7 0
SOUTH SIDE:
NAME
I. A. Reding Est., Vol.
212, Pg. 423
Mr. Danford
Mrs. A. F. Reding Crosby
Chester Goodrum, Vol. 145,
Pg. 172
City of Huntsville, Vol.
145, Pg. 177
Lucy B. Grissom, Vol. 202,
Pg. 110
L. A. Wilson, Vol. 161,
Pg. 589
F. C. Cromeens, Vol. 86,
Pg. 253
H. Van Hess, Vol. 110,
Pg. 329
H. Van Hess, Vol. 110,
Pg. 273
John Amick, Vol. 212,
Pg. 116
TOTAL SOUTH SIDE
TOTAL BOTH SIDES
FRONT FOOTAGE $PER FT.
150.0
150.0
135.0
180.0
60.0
125.0
200.0
84.0
131.5
1,215.5
(b) Paving 17th Street
centerline distance of 618.2 feet
the City of Huntsville, Texas, in
on the North and South side.
NORTH SIDE:
NAME
Gibbs Bros., Vol. 227,
Pg. 68
Bobby Bacon
Don Sanders, Vol. 215,
Pg.
TOTAL NORTH SIDE
SOUTH SIDE:
NAME
William Lee, Vol. 223,
Pg. 473
Bobby Bacon
Don Sanders, Vol. 215,
Pg. 309
TOTAL SOUTH SIDE
2,355.3
ASSESSMENT
$2.00 300.00
$2.00 300.00
$2.00 270.00
$2.00 360.00
$2.00 120.00
$2.00 250.00
$2.00 400.00
$2.00 168.00
$2.00 263.00
$2,431.00
$4,710.60
from Avenue H to 16th Street, a
, which said Street is located in
the P. Gray League, Abst. No. 24,
FRONT FOOTAGE
415.3
187.8
603.1
FRONT FOOTAGE
$ PER FT. ASSESSMENT
$4.00
$4.00
$1,661.20
751.20
$2,412.40
$ PER FT. ASSESSMENT
415.3 $4.00
218.0 $4.00
633.3
TOTAL BOTH SIDES 1,236.4
$1,661.20
872.00
$2,533.20
$4,945.60
(c) Paving 10th Street from Avenue F to Avenue H,
a length of 710 feet, which said Street is located in the
City of Huntsville, Texas, in the P. Gray League, Abst. No.
24, on the North and South side.
NORTH SIDE:
NAME FRONT FOOTAGE $ PER FT. ASSESSMENT
Scott Johnson, Vol.
, Page 100.0 $2.00 $ 200.00
James Love, Vol. 211,
Pg. 526 50.0 $2.00 100.00
James Love, Vol. 110,
Pg. 452 65.0 $2.00 130.00
Mary Alexander, Vol.
114, Pg. 363 87.0 $2.00 174..00
H. C. Rambo, Vol. 112,
Pg. 195 187.0 $2.00 374.00
A. Ford Finney, Vol. 129,
Pg. 412 217.8 $2.00 -22314a
TOTAL NORTH SIDE 706.8 $1,413.b0
SOUTH SIDE:
NAME
Scott Johnson, Vol.
227, Pg. 142
Irene White, Vol.
105, Pg. 288
Callie Smith, Vol. 99,
Pg. 216
J. B. Lee, Vol. 118,
Pg. 246
Cleo Wallace, Vol. 210,
Pg. 167
Ester Harper, Vol. 178,
Pg. 179
Clara Crawford, Vol. 196,
Pg. 693
John B. Sublett, Vol. 185,
Pg. 127
W. B. Smith, Vol. 53,
Pg. 60
TOTAL SOUTH SIDE
TOTAL BOTH SIDES
FRONT FOOTAGE $ PER FT. ASSESSMENT
75.0
35.0
37.5
42.0
50.0
103.7
50.0
100,0
215.0
708.2
$2.00 $ 150.00
$2.00 70.00
$2.00 75.00
$2.00 84.00
$2..00 100.00
$2.00 207.40
$2.00 100.00
$2.00 200.00
$2.00
$1,416.40
1,415.0 $2,830.00
(d) Paving Avenue H from 10th to u th Street, a length
of 400 feet, which said Street is located in the City of Huntsville,
Texas, in the P. Gray League, Abst. No. 24, on the West and East
side.
WEST SIDE:
NAME FRONT FOOTAGE $ PER FT. ASSESSMENT
Clyde Hall, Vol. 179,
Pg. 641 100.0 $4.00 $ 400.00
PD- Morris Waller, Vol. 222,
Pg. 408 300.0 $4.00 1,200.00
TOTAL WEST SIDE 400.0 $1,600.00
EAST SIDE:
NAME
PD -C. E. Shaver, Vol.
204, Pg. 92
PD -Henry T. Warren,
Vol. 201, Pg. 456
PD -Scott Johnson, Vol.
227, Pg. 142
TOTAL EAST SIDE
TOTAL BOTH SIDES
FRONT FOOTAGE $ PER FT. ASSESSMENT
151.4 $4.00 $ 605.60
125.0 $4.00 500.00
123.1 $4.00 492.40
399.5 $1,598.00
799.5 $3,198.00
(e) Paving Avenue H from 9th to 10th Street, a length
of 450 feet, which said Street is located in the City of Huntsville,
Texas, in the P. Gray League, Abst. No. 24, on the West and East
side.
WEST SIDE:
NAME
W. N. Durham Est., Vol.
31, Page 547
PD -B. Johnson, Vol. 151,
Pg. 316
PD- Monroe Walker, Vol.
134, Pg. 429
PD -Oma Johnson, Vol. 140,
Pg. 462
Sudie Craft, Vol. 140,
Pg. 460
TOTAL WEST SIDE
EAST SIDE:
NAME
PD -Scott Johnson, Vol.
97, Pg. 32
PD -Scott Johnson, Vol.
231, Pg. 734
TOTAL EAST SIDE
TOTAL BOTH SIDES
FRONT FOOTAGE $ PER FT. ASSESSMENT
100.0
40.0
35.0
58.0
142.0
375.0
$4.00
$4.00
$4.00
$4.00
$4.00
FRONT FOOTAGE $ PER FT.
237.0
138.0
375.0
750.0
$4.00
$4.00
$ 400.00
160.00
140.00
232.00
568.00
$ 1,500.00
ASSESSMENT
$ 948.00
552,00
$ 1,500.00
$ 3,000.00
(f) Paving Mize Street from Highway 75 North, West 780
feet, which said Street is located in the City of Huntsville, Texas,
in the P. Gray League, Abst. No. 24, on the North and South side.
NORTH SIDE:
NAME
Golder Wooderson, Vol.
203, Pgs. 786 -8
Jack Robbins, Vol. 130,
Pg. 600
Halle May Blair (Teel),
Vol. 106, Pg. 84
FRONT FOOTAGE $ PER FT.
175.0
125.0
125.0
$4.00
$4.00
$4.00
ASSESSMENT
$ 700.00
500.00
500.00
Charles Wilson, Vol. 165,
Pg. 561
T. F. Childers, Vol. 194,
Pg. 505
Billie M. Gurrie, Vol. 185,
Pg. 275
TOTAL NORTH SIDE
SOUTH SIDE:
NAME
M. L. Hardy, Vol. 175,
Pg. 320
Dan N. Kelley, Vol. 226,
Pg. 99
Robert Frazier, Vol. 234,
Pg. 54
Billy Ray Harrell, Vol.
229, Pg. 669
Cecil Jones, Vol. 167,
Pg. 452
J. B. Gregory, Vol. 151,
Pg. 405
TOTAL SOUTH SIDE
125.0
125.0
106.0
781.0
$4.00 $ 500.00
$4.00 500.00
$4.00 424.00
$3,124.00
FRONT FOOTAGE $ PER FT. ASSESSMENT
200.0
100.0
100.0
100.0
100.0
153.0
753.0
TOTAL BOTH SIDES 1,534.0
$4.00
$4.00
$4.00
$ 800.00
400.00
400.00
$4.00 400.00
$4.00 400.00
$4.00 612.00
$ 3,012.00
$6,136.00
SECTION 5. The omission of the improvements in any of said
streets or units as a whole shall in nowise 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 6. The several sums mentioned above in Section
4 hereof, assessed against said parcels of the abutting property
and the real and true owners or owner thereof, whether said owners
be named or correctly named, or said properties be correctly de-
scribed herein or not, together with interest thereon 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 de-
clared 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 improve-
ments and the four (4) remaining installments to be due and payable
respectively, one (1), two (2), 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 eight 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 installments and with interest as above provided; how-
ever, any owner of such property shall have the right to
pay off the entire amount of any such assessments or any in-
stallment 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 immedi-
ately due and payable and shall be collectible, together 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 prop-
erty, 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 en-
forcement thereof, assignable certificates shall be issued by
the City of Huntsville, Texas, to the City of Huntsville upon
the completion and acceptance of any payment by the City of Hunts-
ville 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 acceptance of the improvements for which
the certificate is issued; and shall contain the name of the apparent
owner or owners 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 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 other-
wise, shall in anywise invalidate or impair the assessment levied
hereby or the certificates issued in evidence thereof.
The said certificates 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 there-
of, 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
prerequisites 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 certifi-
cates, to aid in the enforcement and collection thereof, and said
certificates may contain other and further recitals pertinent and
appropriate thereto. It shall not be necessary that said certifi-
cates shall be in the exact form as above set forth but the sub-
stance 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 de-
scription of any property or in the amount of any assessment, or in
any other matter or thing shall not in anywise invalidate or impair
any assessment levied hereby or any certificates issued, and any
such mistake, or error, invalidity, or irregularity, whether in such
assessment 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 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 the improvements called for
herein indicate that on certain streets that no curbs or gutters
exist and on others no paving exists on the portions of the streets
to be improved according to this ordinance makes it imperative that
the improvements called for herein be installed without delay and
creates and emergency and imperative public necessity for the im-
mediate preservation of the public health, safety and general wel-
fare and that in accordance with the charter of the City of Hunts-
ville, Texas, and as authorized by law, this ordinance shall be
passed and take effect from and after its passage, and it is so
ordained.
PASSED by unanimous vote of the City Council in regular
meeting on this the 23rd day of March, 1971.
Ei4 iaLOCK, 7R.1% ayor
ATTEST:
WELDON COLEMAN, Cilty Secretary