ORD CC 01/09/1973 - Street improvement costsAN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND T
OWNERS OF PROPERTY ABUTTING UPON STREETS IN THE CITY OF
HUNTSVILLE, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED
AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND TH
REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMEN
OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERROR,
INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDING
CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND
EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHI
THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHAN
IN VALUE IN EXCESS OF THE AMOUNT OF THE COSTS OF SAID IM
PROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID
ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF,
LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF T
COSTS OF SUCH IMPROVING SAID STREET WITHIN THE LIMITS DE
FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPE
AND THE REAL AND TRUE OWNERS THEREOF; AND PROVIDING FOR
MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND
CERTIFICATES; DECLARING AN EMERGENCY; AND PROVIDING THI
ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PA
UE
5
OR
ED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
HUNTSVILLE, TEXAS:
SECTION 1. The City Council of the City of Hu
Texas finds:
(a) That the City Council of the City of Hunt
Texas, has heretofore by ordinance duly enacted on the
day of December, 1972, determined the necessity for and
the improvements of certain streets, within the corporat
limits of the said City of Huntsville, Texas, in the man
and according to plans and specifications for such impro
ments, which plans and specifications were heretofore ap
and adopted by the City Council and which said streets a
the improvements pertaining thereto as contained in said
dinance were as follows:
(1) To install curb and gutter, and pave Old
ville Road from its intersection with 7th Street, to its
section with Highway 75 North with 1,288 feet of curb, g
and paving on the North side of said street, and 1,176 f
curb, gutter and paving on the South side of said street
street is to be 36 feet wide, concrete curb and gutter,
asphalt, 6 inch crushed stone base coarse, and 6 inch li
sub - grade.
TOTAL ESTIMATED COST OF IMPROVEMENTS
D
E
INED;
TIES,
THE
SAGE. '
OF
tsville,
ville,
2th
rdered
er
e-
roved
d
or-
(2) To install curb and gutter, and pave Smit
Road from its intersection with Old Madisonville Road to
point North of said intersection with 42 feet of curb, g
paving, on the East side of said street, and 7 feet of c
gutter, and paving on the West side of said street. The
is to be 36 feet wide, concrete curb and gutter, 2 inch
6 inch crushed stone base coarse and 6 inch lime stabili
grade.
TOTAL ESTIMATED COST OF IMPROVEMENTS
(b) That the City Council caused the City Eng
prepare and file estimates of the costs of such improvem
estimates of the amount per front foot proposed to be as
against the property abutting such streets within the li
hereinafter defined, and against the real and true owner
adison-
inter -
tter
et of
The
inch
e stabilized
$ 13,222.00
Hill
a defined
tter and
rb,
Street
sphalt,
ed sub-
$ 269.50
neer to
nts and
essed
its
thereof.
(c) That the City Council proposes to cause s
ments to be installed under its own supervision with lab
material furnished by it where feasible and to otherwise
bids and let contracts for portions of curb and gutters
applicable in accordance with appropriate laws relating
of such nature.
(d) That upon the filing of said estimates th
Council did by ordinance duly enacted on the 12th day of
1972, provide for and order a hearing to be held at 7:00
P.M. on the 9th day of January, 1973, as provided by law
which time and place all firms, persons, corporations and
owning or claiming any such abutting property or any int
therein, their agents and attorneys, and all other perso
ested therein were to appear and be heard in person or b
and such ordinance did direct the City Secretary to give
of such hearing in the manner required by law.
(e) That after due publication of such notice
required by law, on the 9th day of January, 1973, at 7:0
P.M. said public hearing was opened and held in accordan
said ordinance and notice, at which time the following a
and testified as follows:
Dr. B. W. Coker appeared and asked for clarification on
cost of assessment regarding the improved value to his p
There was no objection to the paving assessment by any o
person present.
id improve-
✓ and
request
here
o contracts
City
December,
o'clock
at
estates
rest
s inter -
counsel,
due notice
as
o'clock
e with
peared
he
operty.
her
The City Engineer of the City of Huntsville br.efly des-
cribed the improvements proposed to be constructed and b iefly
explained the method of apportionment of cost. The City Attorney
then stated that a notice of the hearing had been publis ed in
the Huntsville Item on the l±h, 17th and 22nd days of Dece ber, 1972,
and in the manner required by law.
(f) That at a regular meeting of the Council on
January 9, 1973, the Mayor asked if there was anyone pre ent having
any protest or comment concerning the assessments herein mentioned,
and no such protest, objection or testimony being offere• as to
said improvements, the assessments therefore, or as to a y of the
proceedings in reference thereto except as hereinbefore -et out,
the hearing concerning the same was ordered closed; that the City
Council has heard all parties who appeared and desired t• be
heard as to the special benefits in enhanced value to ac rue
to said abutting property and the real and true owners t ereof
as compared with the portion of the cost of constructing
improvements proposed to be assessed against the abuttin
perty, and has heard all parties appearing and offering
mony, together with all objections and protests relative
such matters and relative to any errors, invalidities, o
irregularities in any of the proceedings and method of a
ments for said improvements, and has given a full and fa
hearing to all parties making or desiring to make any su
protest or objection or to offer testimony, has fully ex
and considered all of said evidence, matters, testimony
objections offered.
(g) That based on the evidence, matters, test
objections considered at such hearing the said City Coun
determined that the properties, and each of every parcel
property abutting upon the streets and units as hereinaf
out, will be enhanced in value and specially benefited i
amount in excess of the amount of the cost of such impro
proposed to be, and as hereinafter, assessed against eac
said parcels of property, abutting upon said street, and
and true owners thereof.
(h) That said City Council is of the opinion,
that the Front Foot Plan or Rule, if uniformly applied w
equitable, having in view the special benefits to the en
value of the respective properties.
(i) That said City Council has adopted the Fr
Plan or Rule and has found the same to be just and equit
considering the benefits to be received and the burdens
thereby; and the City Council has further found upon the
that the assessments hereinafter made and the charges he
clared against the abutting properties and the real and
thereof are just and equitable and that all objections a
should be overruled and denied.
SECTION 2. There being no further protest or
for or against or in reference to said improvements, ben
or proceedings, said hearing granted to the real and tru
of properties abutting upon said street or units, within
limits herein defined, and to all persons, firms, corpor
estates, owning or claiming same or any interest therein
be, and the same is hereby closed, and all protests and
whether specifically mentioned or not, shall be, and the
hereby overruled and denied.
SECTION 3. The City Council hereby finds and
upon the evidence heard in reference to each and every p
property abutting upon the street or units hereinafter s
that the enhancement in value to accrue to said property
real and true owners thereof by virtue of the constructi
improvements in said portions of said street, will be in
the amount of the costs of said improvements, proposed t
as herein assessed against said abutting properties and
and true owners thereof; and finds that the apportionmen
costs of said improvements and the assessments hereinbel
just and equitable and produce substantial equality, con
benefits received and the burdens imposed below hereby,
cordance with the laws of the State of Texas; and furthe
proceedings heretofore had with reference to said improv
all respects regular, proper and valid and that all prer
the fixing of the assessment liens against said abutting
hereinafter described, and the personal liability of the
true owners thereof, whether named or correctly named he
have been in all things regularly had and performed in cpmpliance
with the law and the proceeding of said City Council.
said
pro -
esti -
to
sess-
r
h
ined
nd
mony and
it has
of such
er set
an
ements
of the
the real
and finds,
uld be
anced
nt Foot
ble
mposed
evidence
eby de-
rue owner
d protests
estimony
fits,
owners
the
tions and
shall
bjections
same are
etermines
rcel of
t out
and the
n of said
excess of
be, and
he real
of the
w made are
idering the
nd are in ac-
finds that all
ments are in
quisites to
properties, as
real and
ein or not,
SECTION 4. In pursuance of said ordinance dul
by said City Council authorizing and ordering the improv
said streets and units as hereinbelow set out, which ord
was passed as aforesaid, on the 12th day of December, 19
pursuance of the said proceedings heretofore had and ena
City Council in reference to said improvements and by vi
the powers vested in said City with respect to said stre
provements by the laws of the State of Texas, and partic
ference to Chapter 106 of the acts of the First Called S
of the 40th Legislature of the State of Texas, known and
as Article 1105 -b, Vernon's Annotated Civil Statutes of
amended, there shall be and is hereby levied, assessed,
against the respective parcels of property hereinafter d
and abutting upon said streets and units hereinafter set
within the limits below defined against the real and tru
of such property whether such real and true owners be na
correctly named, or said properties be correctly describ
or not, the several sums of money hereinbelow mentioned
itemized opposite the description of the respective parc
property, the number of front feet of each, and the seve
assessed against same and the real and true owners there
the names of the apparent owners thereof, all as correct
justed by said City Council being as follows on the resp
ments to be made, to -wit:
(a) Paving, curbing and guttering Old Madison
from its intersection with 7th Street to its intersectio
Highway 75 North, a length of 1,288 feet on the North.si
street, and a length of 1,176 feet on the South side of
which said street is located in the City of Huntsville,
the P. Gray League, Abstract No. 24.
NORTH SIDE:
NAME FRONT FOOTAGE $ PER FT.
Davis Ford, Trustee 65.0' $ 5.50
Vol. 229, Page 41
Cleveland Jackson 206.0' $ 5.50
Vol. 164, Page 164
Max Rogers 479.0' $ 5.50
Vol. 87, Page 307
Robert Smither 478.0' $ 5.50
Vol. 80, Page 279
TOTAL NORTH SIDE: 1,228.0'
SOUTH SIDE:
NAME
G. L. Morton
Vol. 184, Page 227
B. W. Coker
Vol. 160, Page 49
J. I. Burleson
Vol. 135, Page 489
H. L. Costilow
Vol. 231, Page 432
Wade J. Stanford
Vol. 165, Page 203
Joe B. Chick
Vol. 214, Page 47
TOTAL SOUTH SIDE:
TOTAL BOTH SIDES:
214.0'
259.0'
270.0'
25.0'
129.0'
279.0'
1,176.0'
2,404.0'
$ 5.50
$ 5.50
$ 5.50
$ 5.50
$ 5.50
$ 5.50
enacted
ments of
nance
2, and in
ted by said
tue of
t im-
lar re-
ssion
shown
exas as
nd taxed
scribed
out and
owners
ed or
d herein
nd
is of said
al amounts
f, and
d and ad-
ctive improve-
ille Road
with
e of said
aid street,
exas, in
ASSESSMENT
$ 357.50
$ 1,133.00
$ 2,634.50
$ 2,629.00
$ 6,754.00
$ 1,177.00
$ 1,424.50
$ 1,485.00
$ 137.50
$ 709.50
$ 1,534.50
$ 6,468.00
$ 13,222.00
(b) Paving, curbing and guttering Smith Hill Road from
its intersection with Old Madisonville Road to a defined point
North of said intersection with 42 feet of curb, gutter and paving
on the East side of said street, and 7 feet of curb, gutter and
paving on the West side of said street, which said street is
located in the City of Huntsville, Texas, in the P. Gray League,
Abstract No. 24.
EAST SIDE:
NAME FRONT FOOTAGE
Cleveland Jackson 42.0'
Vol. 164, Page 164
WEST SIDE:
NAME
Max Rogers
Vol. 87, Page 307
7.0'
$ PER FT.
$ 5.50
$ 5.50
ASSESSMENT
$ 231.00
$ 38.50
TOTAL BOTH SIDES: 49.0'
SECTION 5. The omission of the improvements i
said streets or units as a whole shall in nowise affect
the validity of the assessments in any other of said uni
the omission of the improvements in any particular stree
in front of any parcel of property exempt from the lien
assessments or against which a valid property assessment
be levied, shall in nowise affect nor impair the validit
assessments against the other properties in such unit.
SECTION 6. The several sums mentioned above i
4 hereof, assessed against said parcels of the abutting
and the real and true owners or owner thereof, whether s=
be named or correctly named, or said properties be corre
scribed herein or not, together with interest thereon at
of six (6) per cent per annum and with reasonable attorn-
and all costs and expenses of collection, if incurred, a
declared to be and made a first and prior lien upon the
parcels of property against which same are assessed from
the date said improvements were ordered by said City Cou
a personal liability and charge against the real and tru-
owners thereof, whether or not such owner or owners be n=
correctly named herein, paramount and superior to all of
claims, or titles except for lawful ad valorem taxes, an
sums so assessed shall be payable to the City of Huntsvil
assigns as follows, to -wit: In five (5) equal annual in
the first of which will be payable on or before thirty ('
after the completion and acceptance of said City Council
improvements and the four (4) remaining installments to
payable respectively, one (1), two (2), three (3), and f.
from and after said date of completion and acceptance of
provements, by said City Council, deferred payments to b-
from such date at the rate of six (6) per cent per annum,
annually, past due installments of principal to bear int-
same rate per annum, until paid, so that upon the comple
acceptance by said City Council of the improvements in a
portion of street above defined the assessments against
abutting upon such completed and accepted unit shall be
due and payable in installments and with interest as abo
however, any owner of such property shall have the right
the entire amount of any such assessments or any install
before maturity by paying principal and accrued interest
such payment, and provided further, that if default shal'
in the payment of any installment of principal or intere
then the entire amount of said assessment upon which def=
made, at the option of the City of Huntsville, or its as
be and become immediately due and payable and shall be c.
together with reasonable attorney's fees and all costs a
of collection, if incurred.
$ 269.50
any of
or impair
s and
s or unit
of such
cannot
of the
Section
roperty,
id owners
tly de-
the rate
y's fees
e hereby
espective
and after
cil, and
owner or
med or
er liens,
that the
le, or its
tallments,
0) days
of said
e due and
ur (4) years
said im-
ar interest
payable
rest at the
ion and
y unit or
he property
nd become
e provided;
to pay off
ent thereof
to date of
be made
t when due,
ult is
igns, shall
llectible,
d expenses
SECTION 7. If default shall be made in the payment of
any of said sums herein assessed against the said parcels of pro-
perty, 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 juris
by the sale of the property assessed as nearly as possib
manner as may be provided by law in force in said City f
sale of property for the collection of ad valorem taxes.
SECTION 8. For the purpose of evidencing said
the liens securing same and the several sums assessed ag
said parcels of property and the real and true owner or
thereof, and the time and terms of payment, and aid in t
forcement thereof, assignable certificates shall be issu
City of Huntsville, Texas, to the City of Huntsville upo
completion and acceptance of any payment by the City of
for said improvements in any unit or portion of street a
fined, and which certificates shall be executed by the M
the name of the City, attested by the City Clerk with th
Seal, and which shall declare the amounts of said assess
the times and terms thereof, the rate of interest thereo
date of the completion and the acceptance of the improve
which the certificate isissued; and shall contain theiam
apparent owner= owners as accurately as possible, and the
of the property assessed by lot and block number or fron
of, or such other descriptions as may otherwise identify
and if said property shall be owned by an estate or firm
so state the fact shall be sufficient, and no error or m
describing any such property or in giving the name of an
owners, or otherwise, shall in anywise invalidate or imp
assessment levied hereby or the certificates issued in e
thereof.
The said certificates shall further provide su
that if default shall be made in the payment of any inst
of principal or interest when due; then at the option of
of Huntsville, or its assigns, or the holder thereof, th
said assessment evidenced thereby shall at once become d
able and shall be collectible with reasonable attorney's
all expenses and costs of collection, if incurred; and s
ficate shall set forth and evidence the personal liability
real and true owner or owners of such property, whether
correctly named therein or not, and the lien upon such p
and that said lien is first and paramount thereon, super
liens, titles and charges, except for lawful ad valorem
and after the date said improvements were ordered by sai
Council, and shall provide in effect, that if default sh
in the payment thereof, the same may be enforced at the
the City of Huntsville, or its assigns, either by the sa
property therein described in the manner provided for th
of ad valorem taxes as above recited, or by suit in any
jurisdiction.
Said certificate shall further recite in effec
the proceedings with reference to making said improvemen
been regularly had in compliance with the law in force i
City and proceedings of the City Council of said City an
prerequisites to the fixing of the assessment lien again
property and the personal liability of the real and true o
owners thereof, evidenced by such certificates, have bee
done and performed, which recitals shall be evidence of
matters and facts so recited, and no further proof there
be required in any court.
The said certificates may have coupons attache
in evidence of each or any of the several installments t
which may be signed with the facsimile signatures of the
City Secretary.
Said certificates shall further provide in eff
City of Huntsville, Texas, shall exercise all of its law
when requested to do so by the holder of said certificat
in the enforcement and collection thereof, and said cert
may contain other and further recitals pertinent and app
thereto. It shall not be necessary that said certificat
iction, or
e in the
✓ the
assessments,
inst the
wners
e en-
d by the
the
untsville
ove de-
yor in
Corporate
ents and
, the
ents for
of the
description
foot there -
the same,
then to
stake in
owner or
it the
idence
stantially
llment
the City
whole of
e and pay -
fees and
id certi-
of the
amed or
operty,
or to all
axes from
City
11 be made
ption of
e of the
collection
ourt having
that all
s have
said
that all
t the
er or
regularly
11 the
f shall
thereto
ereof,
Mayor and
ct that the
ul powers,
s, to aid
ficates
opriate
s shall
be in the exact form as above set forth but the substanc
effect thereof shall suffice.
SECTION 9. All such assessments levied are, a
be a personal liability and charge against the respectiv
and true owner or owners of said abutting properties, no
standing such owner or owners may not be named or correc
and any irregularity in the name of the property owner
description of any property or in the amount of any asse
or in any other matter or thing shall not in anywise inv
impair any assessment levied hereby or any certificates
and any such mistake, error , invalidity, or irregular
whether in such assessment or in the certificates issued
thereof, may be, but is not required to be, in order to
able, corrected at any time by the City Council of Hunts
Texas.
The total amounts assessed against the respect
of property abutting upon the units or portions of stree
set out, and the real and true owner or owners thereof,
same, or less than, the estimates of said assessments pr
by the City Engineer and approved and adopted by said Ci
and are in accordance with the proceedings of said City
said improvements and assessments therefor, and with the
powers, and provisions of said Chapter 106, of the Acts
First Called Session of the 40th Legislature of the Stat
commonly known as Article 1105 -b of Vernon's Annotated C
of Texas, as amended, under which terms, provisions and
said acts, said improvements and assessments were had an
said City Council.
SECTION 10. The fact that the improvements ca
herein indicate that on certain streets that no curbs or
exist and on others no paving exists on the portions of
to be improved according to this ordinance makes it impe
the improvements called for herein be installed without
creates an emergency and imperative public necessity for
mediate preservation of the public health, safety and ge
fare and that in accordance with the charter of the City
Texas, and as authorized by law, this ordinance shall be
take effect from and after its passage, and it is so ord
PASSED by unanimous vote of the City Council i
meeting on this 9th day of January, A.D., 1973.
ATTEST:J/
ROVED:
and
d shall
real
with -
ly named,
or the
sment,
lidate or
ssued,
ty,
in evidence
e enforce -
ille,
ve parcels
s above
re the
pared
y Council,
elative to
terms,
nd the
of Texas,
evil Statutes
owers of
made by
led for
gutters
he streets
ative that
elay and
the im-
eral wel-
of Huntsville,
passed and
ined.
regular
MORRIS I. WALLER, MAYOR
City Secre y
MARTIN D. COLLEY,
City Attorney